ptJll^l CORNELL UNIVERSITY LIBRARY Cornell University Library BV741 .B94 1856a Signs of the times: letters to Ernst Mor ill oiln 3 1924 029 332 537 Cornell University Library The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924029332537 SIGNS OP THE TIMES: LETTERS TO ERNST MORITZ ARNDT DANGERS TO RELIGIOUS LIBERTY PRESENT STATE OP THE WORLD. CHRISTIAN CHARLES JOSIAS BDNSEN, IXD.. DlCL., D.PH. l^BASBLATED FBOM THE GEBHAN BT SUSANNA WINKWORTH, AITTHOB OP "THK T.ivR OP NIEBUHB^" ETC. NEW YOEK: HARPER & BROTHERS, 329 TO 335 PEARL STREET. 1856. 25th op SEPTEMBER, 1855. THE TEIOBNTENABT RELIGIOUS PEACE OP AUGSBURG. ** X PTTB SI MUOVE." TRANSLATOR'S PREFACE. Had the name of the author of the work now before us been as unknown in England as it is well known and honored, a suflGicient reason for the present translation would still be found in the fact of the importance attached to the work by public opinion in Germany. As an illustration of this it is enough to mention that the first edttion of 2,500 copies was disposed of within a month from publication, and a third edition was required within three months; while the author was requested to become a candidate for the representation of the capital, and of Magdeburg, and actually elected in the latter city, though he had in both cases refused to be put in nomination. Some of the questions of which this book treats have, indeed, an immediate and painful practical interest in Germany, such as, happily for us, they do not possess in England; but the general principles upon which their decision ought to rest, are as important to us as to the author's fellow-countrymen ; vi PREFACE. and it affects the permanent well-being of our Church and State, no less than theirs, that just and clear conceptions on these points should be generally preyalent among the people at large. I think it may conduce to this result to contemplate these subjects in pictures drawn from other lands and foreign social conditions, where consequently our perceptions may be undimmed by the mists of personal and party prejudice that hang around our own horizon; and I believe that we may learn some useful lessons from beholding the logical development and working out of ideas which have their root in a temper and spirit not wholly extinct here, if existing for the most part latently, or even unconsciously. It is possible that the historical details respecting the internal development of the Prussian Church, into which the author enters at considerable length in the last letter, may be found somewhat dry by those living at so great a distance, physically and morally, from their scene. Indeed, some of the notices of the original which have appeared in our reviews, have recommended that in an English translation this account should be greatly abridged. After careful consideration, however, it seemed to me most advisable to give the work entire; for though some of .the subordinate questions it treats PREFACE. yii of may not directly concern ourselves, it can scarcely be without interest to us to study even the special aspects assumed by ecclesiastical affairs in a nation more closely related to us than any other in the Eastern hemisphere of our globe, by affinities of race, religion, and mental culture. The partial alienation that has of late sprung up between us ought to be solely attributed to its true cause in the recent or former wrong-doings of a few individual politicians on both sides of the water, and not to be suffered to deaden the natural sympathies of the two peoples ; nor should the hatred to England exhibited by a mere clique make us forget, as it has sometimes almost seemed to do, the thousand ties of common interests and affections that bind us to our Prussian brothers. The reception that they have given to this work of Chevalier Bunsen's, with its open declaration of his political views and sympathies, is but one proof among many that they are animated by an utterly different temper toward us from that displayed by some of their leading men for the time being. May the book prove one contribution toward our reunion. It is perhaps necessary to explain, that in the following pages, a few passages have been somewhat modified or curtailed in deference to the requirements of style ; but I believe that in no case has the general viii PREFACE. sense of a passage been affected by these alterations, for which I have received the author's Sanction. They are but few, and in all instances where a philosophical idea was concerned, it has been my endeavor t» adhere as closely as possible to the exact meaning of the original. S. W- Manchestee, February 29th, 1856. TABLE OF CONTENTS. LETTER I. FASH SiQNS OF THE Times. — T!he Spirit of Association and the Hie- rarchy — Freedom of Conscience and Persecution . . • . 13 LETTER II. The Eve of the Festival of St. 'Winfred— Bishop Ketteler's Pas- toral — ^The German Kation and the Anglo-Saxons. . . 49 LETTER III. The JabUee Festival — Bonifiice, his forerunners and successors . 61 LETTER JV. The Sermon on the Tiara by the Bishop of Strasbourg, and the , Manifesto of the Assembly of German Bishops at 'Wiirzburg, in the Autumn of 1848 . 8T LETTER V. The History of the Dispute between the Church and Govern- ment in Baden, from its commencement in 1853 up to the present time .110 1* TABLE OF CONTENTS. LETTER VI. PAGE The Conflict between the Civil Legislation and the Canon Law of Borne, in its hearing upon Marriage, Education, and Property . . . ^ 149 LETTER VII. Tbo Conflict of the Priesthood with Conscience ; and the Recent Persecutions 162 LETTER VIII. Historioal Retrospect and Solution of our Difficulties on the basis of a truly Christian Polity 191 LETTER IX. Observations on Stahl's Dbctrine of Tolerance, as regarded from an Historical and Juridical Point of View .... 243 LETTER X. Objections to Stahl's Doctrine of the Church and the Union, in its bearing on Law, on Religious Liberty, and on Free In- quhy 2Y4 History of the tTnion 308 A Summary of our Inquiries with respect to the state of Protestant Christianity in Prussia and Germany gener- ally 354 THE CONCLUSION. The Significance of the Two Signs of our Times . . . 865 TABLEOFCONTENTS. xi APPENDIX TO LETTER V. PAOB A. An Historical and Juridical Account of the Contest in Baden, up to June 1854 . 382 B. A Project of Law proposed hj Professor Wamkonig, concerning the external affairs of the Church in the Province of the Upper Rhine . ... 401 APPENDIX TO LETTER VII. Documents eelatujo to the Recent Pbhseoutions. A. The Persecution of Domenieo Ceechetti in Tuscany . . .404 B. The Persecution of Johannes Evangelista Borczynsld in Prague. 409 C. The most recent Legislation of Austria on Ecclesiastical Affairs . 417 D. Report of the Recent Persecution of a Protestant Father in France . . 41» APPENDIX TO LETTER VIII. The Article of the Prussian Constitution of 1850, touching Eccle- siastical Affairs 421 APPENDIX TO LETTER IX. Extract from the Transactions of the Evangelical Kirchentag, held in Berlin, in Septemher, 1853 423 XII TABLB OF CONTENTS , APPENDIX TO LETTER X. PASZ A. Boyal Cabinet Order of 2tth September, ISIT . . . . 42T B. Boyal Cabinet Order of July, 1834 429 0. Cabinet Order oftheeth of March, 1852 430 D. Cabinet Order of the 12th of July, 1853 482 E. Eoyal Cabinet Letter to the Pastors of the Wittenberg Confer- ence, October 11th, 1853 . . . . ' . . . 434 P. Bvangelloal Consensus, as agreed upon by the General Synod of Prussia of 1846 436 SIGNS OF THE TIMES. LETTER I. SIGNS OP THE TIMES — THE SPIRIT OP ASSOCIATION AND THE HIERARCHY — FREEDOM OP CONSCIENCE AND PERSECUTION. Chablottenbbeg, near HBiDELBBEa, , let June, 1865. My Dear and Honored Friend, What mean the Signs of the Times ? Is it ebb or flood with us? Are we in Germany and Europe going forward or backward ? Which will triumph : Church or State, priesthood or people ? So have thousands and millions asked since the end of the last and the beginning of the present century ; but never more Tiniversally and more anxiously than since 1848 — except, since 1851. Every one feels that the most opposite extremes — ^indeed, apparently, at least, the most fundamental principles of truth — are standing face to face, in an attitude of absolute defiance ; that decisive conflicts are preparing; that a new order of things is shaping itself. But opinions are everywhere divided as to what is destined to remain at the close, or whether perchance that close may prove to be the end, 14 SIGNS OP THE TIMES. if not of the world, yet of the existing civilization and social arrahgements of Europe. The fears of one party are the hopes of the other ; selfishness and passion not only step boldly into the foreground, but bear unblushr ingly on their brow the sign of the highest and holiest. The incredible in one form or other appears to all parties and peoples credible, nay, the impossible, probable ; few or none of the existing powers or faiths are held to be secure. Now wherever the free expression of thought is per- mitted, and the popular sentiment finds its organs, these contradictory principles, these doubts, this sense of anx- iety, are clearly visible. But where this freedom of utterance does not exist, or popular feeling has not as yet colored the literature, there reigns a certain torpor, which to many seems merely a symptom of exhaustion and acceptance of the faits accomplis, but to others the most threatening sign of the times; inasmuch as none can tell how far it is a token of life or death, of indiffer- ence or despair, of exhaustion or of energetic and only temporarily repressed indignation. That new delusions have been detected, has not made old lies more credible. Confidence is demanded, but is not given : the duty of faith is preached, but its preachers find no faith, even when they and their sermon deserve it. Add to this, that the mistrustful are by no means all unbelievers, still more rarely thoughtless persons ; and that though the exclusives may be here and there the most influential, they are nowhere the majority of the people, nor yet the leaders of learning and science. Those despairing views of the world prevailing in Southern Europe, which have found voice in the immortal lyrics and meditations of the noble Leopardi, seem to be invading Germany ; may the causes perchance be the same ? TTNIVEESAL ANXIETY. . 15 So far, however, we find a firm belief in the moral order of the unirerse, wherever free speech and free thought are not yet stifled. ' But it is equally certain that we find even there, though the feeling may be less predominant, a vague sense of uneasiness, and a gloomy pondering over the signs of the times and the interpreta- tion of prophecy, which paralyzes all energy for united action just among the best people. For we can not recognize as interpretations of those signs, the opinions of such as believe in no moral order of the world at all, nor yet of such as are only capable of regarding it as it concerns themselves personally, or the class to which they belong. Those who deny any sort of moral govern- ment, see in the phenomena only chance — only the con- sequences fortuitously produced by particular persons or events. The latter, however, who judge all events and actions by the standard of their own advantage or their own selfish aspirations, do not really believe in the superhuman, truly moral, and divinely true element that lies behind all phenomena. The one class are the theoretical, the other, the practical deniers of God. Such a state of things is certainly very similar to that in which the Roman Caesars ascended the throne of the world's empire. But there is now no universal empire ; and yet to have overlooked this circumstance is but the most pardonable error and the smallest sin of the shallow and sanctimonious writer Romieux, who three years ago delighted so many of " the pious" with his " Age of the Caesars," by the background of his picture — the hie- rarchy ! " There is no doubt but these two sorts of unbelievers, together with the unenlightened students of prophecy above mentioned, constitute in many countries, at this moment, the great majority, although in various propor- 16 SIGNS OF THE TIMES. tions. With regard to our own country, we may still thankfully acknowledge that despairing views of the world have neither got a hold on the mass of the people, nor yet on our learned men, or only in exceptional cases through personal discontent. The German nation has a firmer faith in the moral order- of the universe than any other that I know of. Our notable men of learning and of faith still to this day see in the facts of human con- sciousness, as in those of the history of our race, the confirmation of that instinctive faith of man in the moral government of God ; and find in the teachings of the Gospel, the same doctrine that is taught by all earnest and thoughtful contemplation of the universe. Nevertheless, the prevailing mood of men's minds throughout , Europe is everywhere, and not only on the Continent, decidedly that of uneasiness. Hence it is not to be wondered at that many seek to explain this feeling by their view of recent events or those of a more distant past ; and that still more avail themselves of it to further the spread of the views to which they have specially devoted their efforts. Thus we encounter almost daily some new phraseology which promises to explain the state of the world and men's minds by means of some new or old formula, dishonest men who puff these nostrums, simpletons who believe them, and a still greater number of triflers who pretend to believe them. The Mormonites among the Sects, and the Rohmers among the CagUostros, are not altogether isolated phe- nomena. Hence, too, it is no wonder that we see the delusions and* the sophistry which prevailed in the period of the Restoration appearing again in. fuller force and with bolder face. How childlike appear the delusions of De Bonald and Le Maistre, of Gorres and Friedrich Schlegel, compared PEETALENT DELUSIONS. If to those of the writers in the Univers and the Tablet, and many pastoral letters 1 How ingenuous and siriiply pedantic appears even the sophistry of Adam Miiller and of Haller, compared to the fecility with which their successors and spiritual comrades in the Kreuz Zeitung, or the historico-political periodicals, promulgate false- hood as fact, a paradox as a truth. And how powerfully are they seconded by the band of their juridical abettors, who turn necessity into a virtue, and force into right ; and by the unholy zeal of notable pulpit orators, who paint despotism as law and order, servitude as freedom, but, above all, scoff at the divine spark of reason within us as godless, and crush down the conscience of the individual as rebellion ! Are hot these things signs of the latter days? And what, with all their apparent success, do they really bring to pass ? That the great mass of society in Germany close their minds all the more against any kind of mystery as mystification, and reject every means of exciting the religious feeling, because they regard them all but as so many attempts at galvanization on the part of the police. Once for all, the people stay away from church out of sheer aversion to a police-church. And can the exclusives believe that the people will flock into their church, when they openly confess that the great mass of the town population and the cultivated classes must be excluded from it, or at least given up as unbelievers ? That this feeling is rankling in the hearts of the people is one cause, too, of the morbid political excitement, or torpor, reigning in so many quarters. To most politicians, as to the masses, for this year past, all has been trembling in the balance with Sebastopol. That city is, to the one side, the fateful Troy, that must be taken at all price ; to the other the fateful Palladium, 18 SIGNS OF THE TIMES. on whose rescue hangs the future of the -world and the preservation of the conservative element in our father- land. Both these politicians and the masses forget, meanwhile, the realities around them, and overlook, or positively despise, the opportunity now afforded for use- ful, calm, unceasing, durable, if not brilliant and stirring action and reform. But "the Oriental question will decide our future; the elections will turn upon that." We look on at the strife; our old men sulk, and our young men — smoke cigars ! To lay the hands in the lap counts fo» wisdom, and is perhaps abnegation. The great body of the nation is silent. But never could the maxim of the jurists, " Silence gives consent," be less correctly applied to the state of men's minds. But we, too, my dearest friend, have always held with those who believe firmly in a moral order of the universe, and think that we are speaking aa becomes Christians when we express our conviction, that both that order and the mental freedom taught by the Gospel have been ac- knowledged by the wise men of all ages and nations, and are attested by the world's history no less than by con- science. You, my honored friend, our national seer of ninety, have from the beginning of this century held up before us of the past generation, as well as those of the present — the third that has listened to your sacred songs of faith and freedom, of patriotism and humanity — ^the torch of God's Word and' human experience on the path of Christian and truly German faith in Providence. The great men under whose guidance Brandis, and I, and many others, some of whom have now departed, while others are still left, entered on active life and the world of realities — I mean Niebuhr and Schleiermacher, especially — were snatched away from us at the begin- PAST BXPERTENCB. 19 ning of the stormy period. But we ourselves have abeady left behind us a forty years' pilgrimage through a checkered and observant life, and we have passed these years of sojourn, not at home among books and scholars, but among various nations, and in divers spheres of activity. And this we can say truly of ourselves and our fellows in age and spirit, that we have striven not to live unworthily of the teaching and the solemn baptism of 1813 ; have never and nowhere denied our German sentiments, or despaired of the future of our nation or of humanity. Our first love is not quenched ; God be thanked ! not one of us has suffered shipwreck in this faith. All the more do we unitedly rejoice in your wondrous youthful freshness and courage; but we esteem you yet more happy in the absence of all bitterness in your conversation or writing, notwithstanding all you have suflFered from injustice and disappointed hopes. In possessing such a temper of mind you have borne off the high prize, the truly divine jewel of a Christian spirit ' and genuine philosophy from the warfare of life. You might have responded to the arrogance of the successful party of the last six years, as you answered in your " Nothgedrungenen Berichte,"* the insolent and shame- less accuser of 1846, in the words of Goethe's Prome- theus : " Musst mir meine Erde Dooh lassen stehen, Und meine Hiitte die du nicht gebaut, * " Nbthffednmgenen, Berichte;" — "Statement extorted by Necessity," is the title of a book published by Arndt, in 1846 — an account of the persecutions he had sufferred on the plea of so- called "demagogical intrigues." It was "extorted" because some evil-disposed person had, in 1846, again revived insinuations against him, six years after the king had reinstated Amdt in his professorship. — 2V. 20 SIGNS OP THE TIMES. Und meinen Herd, Um dessea Grlut Du mich beneidest Walmtest du etwa, Ich sollte das Leben hassen, In Wiisten^fiiehen, J "Wefl nioht alle Bliitentriiume reiften ?"* But not alone have you tamed the Titan-nature in your breast, but the love of God and our brethren has, at all times, found an echo there. In the sultry atmosphere of 1846,1 which weighed heavily on us all, you say : * These verses may be ratter rougUy translated as follows : " Yet must thou leave me My earth still standing, And this my dwelling which thou didst not build, And my bright hearth Whose ruddy glow Thou enviest me Deemedst thou ever That I should hate my life And flee to deserts. Because not every Dream-blossom of youth bore fruit?" t The universal feeling of discontent, of the instability of pohtical powers in Germany, had grown to such an extent in 1845, that the year may well be compared to the calm preceding a storm. Few things happened to denote it to the vulgar eye. Tet it could be discovered in the character of several bread-riots; in the habit which then gained ground, even among men in office, of ridiculing and regretting every existing institution ; in the pro- gress of power made by the provincial Diets in Prussia ; in the threatening language held in all the "constitutional" States of Grermany; in the resuscitation of naiional feelings which had Iain dormant since 1815. Hence the immense excitement which accompanied every Hberal movement in Italy soon after, and the strong pohtical agitation produced by the King of Prussia's con- voking the first United Diet in February, 1847. — Tr. THE TRUSTWORTHY SEER. 21 " Komm Q-ottj komm &ott vom Himmel, TJnd sieh in G-naden drein : Durchleuchte das G-ewimmel Der Nacht mit Sonnenschein ; Entwirre die Verwirrung, Die ohne Licht und Rath, Stets defer in Verirrung, Verfahren hat den Pfad."* And when, in the year 1851, many generous-hearted and brave Angles and Hessians were forced to seek a new home, and honorable grave, beyond the ocean, though your deep grief broke out in the song — " mein Deutschland, will dein cTammer?" — yet how does it conclude ? " Still I 03 rufet, du sollst beten, Christ, sollst lieben, glauben, hoffen, Sperrt sich eng die deutsche Welt auch Ewig steht der Himmel offen I Drum lass AUes durch einander Fallen, stiirzen, krachen, breohen: Droben, glaubet, waltet Einer, Der wird letztes UrtheU sprechen."+ * " Come, Grod, from Heaven, oh, come I In grace look down on us. And let Thy sunshine pierce the gloom Wher-e we are '-wildered thus ; Guide us from out the maze. Where, reft of wisdom, light. Our path through wilds of error strays Still further from the right." t " Hush I it cries, and pray, Christian, Thou must hope, believe, and love ; Shut's the German world against thee, Open still stands Heayen above I 22 SIGNS OF THE TIMES. Nor haye you, since then, lost your trustful', joyful confidence. Where could this feeling be more freshly or youthfully expressed than in "your last sopg, -written . for the blessing of the colors, last November, Trhich is now lying before me, in your own beloved handwriting ? You, who have seen Frederic the Great and his heroes, sang in your eighty-fifth year, as you were nailing to its staff the ensign of the "Union of Veterans" of Bonn-?- ' " Das meint nioht Treue festzunageln, Die muss duroli Gott gefestet sein, Dasa, wenn die ScMaohtenwetter hageln, Und Blei und Eisen niederspein, Die Fahne fliege als ein Zeichen, Der Bhre Pfand, der Treue Pfand, Dass }n dem Kampf kein Mann will weichen, Piir Konig, Gott, und Vaterland. Und nun das hochste Hoch der Alten, Zum Himmel steige das Gebet 1 Wir woUen feste Treue halten, Wo diese Pahne vor uns weht I Und muss sie einst im Pelde fliegen Den stolzen Preuszenadlerflug, So bleibe : Fallen oder Siegen Der Veteranen Ehrenspruch.* Then let all tMngs in confusion, Fall and sink, and crack and break: One, believe it, rules still o'er us. Who the final word shall speak 1" * " 'Tis not our truth that here we nail. That must be done by God on high. That when the battle's deadly hail And iron storms around us fly. Our flag may tell to all the field The truth and honor of our band. That in the fight we ne'er will yield. For King, and God, and Fatherland. ***** )H LAWS OP GEOWTH AND DECAY. 23 Concerning the politics of the day, and the attitude of our country toward the great struggle between the East and West, we have exchanged few words. Con- scious of a perfect understanding with each other in regard to the main point, each has allowed the other to shape out his own course. It was, therefore, very nat- ural that my heart should be attracted toward you, of all others, when, at the close of the &st year after my return to my native land, I looked around me, consider- ing whether the fitting season had arrived to discuss the portents of the age with friends and fellow-thinkers in the presence of the public. For you are our oldest and most trustworthy seer, and the signs of the times, and their true and false interpreters, are a never-failing subject of reflection and discourse with you. Of all stiU left to us of the "neponeg avOpamoi" of this age, none has a more liviug conviction — ^to none is it a more self- evident feet — ^that the belief in an Eternal Love as the foundation of the universe, is the source of all wisdom as of all true piety and godliness. With both of us, also, it is a fixed conviction that the highest conflicting ques- tions of the day, and, in particular, the question whether the present condition of afiairs is tending toward rejuven- escence, or decay and dissolution, can not receive any decision except in accordance with those eternal laws by which the universe is ruled. And what these laws are can not be a matter of dispute among those who, in the " And now your last and loudest shout, And let your prayer to Heaven arise I Our truth diall ne'er be stained with doubt Where'er this baimer o'er us flies I And when it tries in deed once more The Prussian eagle's glorious flight, Our veteran's motto, as of yore, Is ' death or victory' in the fight !" — 3V. 24 SIGNS OF THE TIMES. light of this feith, have studied the course of human events with Moses and the prophets, with Solon and Herodotus. We may, perhaps, sum up these laws most simply in thefoUowing manner. Every human institution perishes in one of two ways. In the first place, when the special principle of life embodied in it dies out because it has run its course, and some higher development is demanded by the order of God's providence ; but it perishes too when its representatives transgress the limits appointed to man, which circumstance, indeed^, often coincides with that former inward decay. Quern Deus vult perdere, prius dementat, says a wise old proverb ; and the homely German saying, Pride comes before a fall, utters the mystery of ancient tragedy. For every thing human is subject to conditions. Nay, divine truth itself, when applied 'to definitive human relations, is only true under conditions, and within the limits they draw around it ; but man, by reason of his egotism, is ever striving to get free of all conditions. The first sort of death may be compared to the natural death of an individual; the second, to suicide, and, in general, to madness. It is this second, self-incurred doom which is the source of the tragic element in history, and which constitutes the magic power of the poetic crea- tions of Eschylus and Sophocles, of Shakspeare and Goethe. Even the greatest and most glorious human energy and might are forfeit to fate as conditioned, and go to destruction, when they try to become absolute, and as such think and act. Thus the instinctive striving after unconditional expansion has its source not in the God-appoiated destiny of humanity in itself, but in the blindness of the selfish element in our nature, which desires to make the Me into the center of all things. THE ORACLE OF HISTORY. 25 The moral order of the world, on the contrary, demands of each man and of each human institution, that this Sdf-Seeking thould be conquered, and freely subordin- ate itself to the Divine Whole. Hence arises a conflict which touches the moving springs of the world's history. For, inasmuch as the natural Sdf makes its own specific existence a center, it foolishly attempts to make that into an ultimate end, which has its true existence only in its conformity with the collective arrangements of the universe. Thus, every power that makes itself its own end necessarily works, so far as in it lies, for its con- trary; anarchy for despotism — ^unbridled license for servitude ; while in so fair as the moral energy of men and nations overcomes evil in its double aspect, is the divine order of the world, and God himself made known. This principle is no matter of dispute in our nation, or in Christendom at large ; nay, all men who are in their senses assume it, although they express it variously, and often confuse and deceive themselves with regard to it. Even in its application to persons and circumstances that have long since passed away, the judgment of thoughtful and well-informed men is seldom fundamentally at vari- ance. But the dispute is concerning its application to ourselves, and to the circumstances with which we stand in immediate contact. Here our sense of right is sadly apt to be confused by the tendency to self-seeking inher- ent in our very existence; whether the egotism that relates to our own personal existence, which is strong, or the egotism of party or nation, which is often still stronger and more reckless. And yet the possibility of any mutual understanding between opposing parties, or any adjustment of the con- flicts of the present, lies in the mutual recognition of the claims of others, and the voluntary limitation of our own. 2 26 SIGNS OF THE TIMES. Now, it has always appeared to me the surest method of arriving at such an understanding and reconciliation, to start with a conscious and practical acknowledgment of. the principle we have laid down, and then to go on to exhibit it as mirrored in sometbiug objective. This, however, we can effect neither by a course of abstract demonstration, nor yet by adducing single historical examples ; but only by contemplating the wide page of the world's history spread before us, whose center is the Bible, and, above all, the Gospel. He who, .in its light, can rise to a comprehensive survey of universal history, attains, in proporticm to his mental requirements, a height from which he can look down ia freedom on the contests and struggles of the actual world. This is the only sort of prophecy to which our age has a clear voca- tion. Does it not necessarily follow hence, my dear friend, that we can succeed in reading the signs of the times in an actual given case, only by adopting this method, but then may perhaps also hope to persuade others to follow in the same path, in order to reach the same insight into the true laws and actual condition of our world. "We must address ourselves to the present, and the pressing questions of our own day. We must endeavor to penetrate into the heart of reality. We must fix a steady gaze upon those signs of the times in our own heavens which now challenge us to read them. And we must look at them from our own horizon, that is to say, as referring them always to the true, namely, the divine; center of all things. And I believe that I may especially hope for your concurrence, when I propose to you to abstain for this time from all mere politics of the day, and all confessional theology. Doubtless every signifi- cant portent of the times must have a bearing on our ABSTINENCE FEOM CONTROVEEST. 27 political circumstancea, both those of our German father- land and those of Europe at large, which are so closely interwoven with each other. Certainly, too, they can not be without effect on the theological systems in accord- ance with which Christendom has desired, or been forced, to mold or bind her communities for the last fifteen hundred years. But just at the present moment, and with the phenomena which we are discussing — some of which, indeed, we shall perhaps have been the first to exhibit .in their full proportions — there is clearly an imminent risk of dropping from the serene sky of con- templation into the dark clouds of political and religious passions, and instead of attainiag to light and peace, rather augmenting perplexity and strife. Therefore no politics and no theology in these pages, and still less learned controversies or acerbities ! Of course we must call things by their true names, and that can not please every body. Eurther, truth requires that we should not conceal righteous indignation, but only keep it within bounds, by remembering that the triumph of falsehood and baseness can be but short, and that pride comes before a fall. And least of all, I think, ought it to be difficult to us to hold bitterness and passion afar from our meditations where we find the like in our op- ponents. We preach toleration ; what a contradiction if we should be intolerant ! No, we will be tolerant toward the intolerant, and intolerant only toward intolerance. Motives of personal ill-will have, thank God, always lain far enough from either of us. Indeed we are not concerned with the ever-changing actors in the scene, nor yet with the religious and political convictions or systems which now divide the world. We recognize them all as Christian, and as having a right to be there, in so feir as they obtain credence. Nay, on the domain 28 SIGNS OF THE TIMES. of theology, we are ready to. concede to the theologians who wish it, that according to their system, they are in the right: though, however, we know no theological system among Christians, which in itself would neces- sarily lead to intolerance and persecution so long as it remained within its own ground. Of the two eminent men against .whose doctrine I shall have to express myself most strongly, one is en- tirely unknown to me' personally, and I have a sincere respect for his private character, as, it is needless to say, I have for his ofiSce. But with the other I have been for many years on terms of friendship, and I have never doubted of the honesty of his religious zeal, even when it a{)peared with a new ingredient which was to me un- intelligible. And if I should sometimes exchange the straightforward German mode of speech toward them with that which in Socrates is called the ironical tone, this is but the softened expression of a deep-seated indig- nation in behalf of our cause, and justified by my sincere belief that my opponent is as much in earnest as myself in seeking for objective truth. And verily each shall find me ever sincerely ready to learn the truth from him. Let me, therefore, relate to you, briefly and explicitly, how I have come to feel myself called on to enter into this discussion. When on my return to my Grerman fatherland in the summer of last year, I began to compare what I saw there in traversing its various districts, with the result of similar observations and studies during my fourteen years' residence in England, two phenomena immediately arrested my attention as universal and significant charac- teristics of the age. I refer to the spontaneous and THE PRINCIPLE OP ASSOCIATION. 29 powerful development of the spirit of association, and the evident increase of the power of the clergy or hierarchy. I had long since fixed my eye on both these fiicts, and endeavored to understand their workings, par- ticularly in England. The spirit of association, to speak of that first, is of native and not recent growth in England ; and among the modern monuments and public works of London, or indeed of the British empire at large, there is scarcely one that is striking or of any magnitude but what has its root in this principle. The British empire in India, the greatest in the world, has grown up in less than a century from a company of traders and capitalists. The great American republic had its origin for the most part in voluntary Churches and other English associations, and a future Canadian Union, which already looms on the horizon, will also take its place in the world's history by the strength of this same spirit. What but the spirit of association has called into existence, within the last twenty years, the gigantic railway structures, which throw into the shade the collective results of all that princes and states had ever been able to accomplish in the way of roads and canals, and whose erection has required more capital than the revenues of all the states in the world amount to ? And what has given England, in the same space of time, more new churches and chap- els, and congregations of all Christian sects, than govern- ments and hierarchies have founded during the whole course of the last four hundred years, but this same principle ? Is, then, this spirit of association a product of the most recent times, a child of this century, or, at most, of the last eighty years ? Is it an offshoot of modern industrial activity, or is it, too, a conquest of the philos- 30 SIGN'S OF THE TIMES. ophy of the last century, and of so-called modern civil- ization ? England proves the contrary. Here we see, so early as the seventeenth century, the formation of voluntary congregations, vrhich, under the name of Independents, develop themselves, as did Christianity itself once, beneath the persecution of two hostile State Churches. From these communities proceeded the modern Baptists, whom even learned German theologians still to this day affect to confound with the Munster Anabaptists. As regards their form of government, they are, as every one knows. Independents who perform the rite of baptism, like the primitive Christians, by immersion; and only administer the rite to such as make a profession of personal faith ia Christ as the Redeemer, and publicly pledge themselves to live accord- ingly. The Baptists also arose amid persecution as voluntary congregations of believers, and not only gained a footing in England and Scotland, but formed in the TJnited States many thousand congregations, mostly from among the Independents. The congrega- tions are independent of each other ; but, like the Con- gregationalists, have formed voluntary unions ; and in the United States now number more than five million Christians, white and black. The vitality of these con- gregational Churches is evinced by their missions ; for the Baptists and IndependentS\have been the first who have-converted whole tribes, and raised them into fitness for civil life ; while the Jesuit missions of Paraguay only trained a people perfectly incapable of self-government, and unable to walk, except in leading-strings. For example we may point to the Independents in Tahiti, whom the French missionaries are trying to counteract by means of bayonets and brandy : or to the Baptists in the Sandwich Islands, where the State founded by the PROTESTANT SOCIETIES. 31 Mission forms a self-existent Church which sends out its missionaries into the Oceanic Isles. All this has been done in sixty years. During this period, nay, for the space of two hundred and fifty years, the State Churches of England and Scotland have exhibited but little capa- bility of propagating themselves ; the German and Dutch Reformed Churches, ^till less; and the Lutheran Church, none at all. To the same principle we must assign the voluntary associations for Pastoral Aid and Scripture Readers, and the Mission for the City of London, as well as all the associations for missionary labor at home and abroad, and also the Bible Societies. The whole of these have sprung up within the last sLxty years ; and now they send forth many thousand evangelists and apostles over the face of the whole earth, and educate as many more fifom among their converts belonging to the most dissimilar races of Asia, Africa, and America, to become a parent-stock for future races and peoples. The youngest of these voluntary associa- tions, which we have seen shooting up before our eyes during tite last few years by the side of a highly respect- able, though somewhat torpid, national Church, I mean that of the Free Church ©f Scotland, has, in only ten jears, outstripped the activity of all the State Churches in the world. But, perhaps, this spirit of voluntary association is the exclusive property of the Anglo-Saxon race ? This is decisively contradicted by the activity of the associa- tions which I have had the opportunity of observing within the last twelve months in Germany and France. In spite of the wounds which socialism and communism have inflicted on civil society, in spite of great disorgan- ization and disheartening isolation, lastly, in spite of the manifold restrictions to which all associations have been 32 SIGNS OF THE TIMES. subjected since 1851, I have everywhere found them springing up and flourishing. I found them not only on the field of industrial activity, but also in still greater number on that of public and religious objects. Associ- ations for the relief of the poor or the sick, young men's associations, operative 'associations, were everywhere in full and successful operation, notwithstanding the scanti- ness of their funds, and the unfavorableness of the times in which they had originated. One of the youngest of these associations, the Gustavus Adolphus Society for the aid of poor Protestant congregations, more especially those, too often oppressed, which may be scattered among Catholic populations, proves the universality and strength of this spirit of co-operation, when we remember, that in a few very unfavorable and bad years, half a inillion dollars have been collected by this society and expended with great conscientiousness. If now we take a general survey of these religious associations as a group of phenomena, we find that they have all proceeded from one or the other of two opposite tendencies. None of them have been associations in con- nection with the Government. Most of them are volun- tary associations of Protestant laymen : in England and Scotland all are so; in Germany, by far the greater number, and the most active. On the other side, we find Catholic associations existing from the time of Charles X., in France, but scarcely anywhere else until 1834 ; since which time a good many have sprung up in Germany. They have been founded for various good works, mostly of charity, or the furtherance of ecclesiaS'- tical objects, such as the diffusion of religious books (not, however, of the Scriptures). To this class belong the Pius Society, the Borromseus Society, to which is now added, the Boniface Society ; but, above all, the Lyons ROMAN CATHOLIC ASSOCIATION. 33 Society for the Propagation of Christianity. These Catholic associations are, in general, distinguished from the Protestant by one striking feature — ^the activity of the laity is confined to the raising of the funds ; while the Protestant associations, for the most part, have been founded by laymen, and are managed by committees, the majority of whose members are also laymen. In full accordance with the laws and usages of the ancient Christian communities, all their organic laws are passed in public meetings, and publicity is their principle of life. The Propaganda of Lyons does, indeed, publish brief an- nual reports, but there the matter rests. How deeply, on the contrary, have the Protestant missions interpenetrated the whole life of the Churches ! They no+ only raise annu- ally nearly thirty million dollars, but also bring together millions of human beings. Compared to these, what is the recent proposal of a union of forty thousand priests in Germany with forty thousand dollars ? Over the face of almost the whole earth, weekly missionary meetings are held, in which, as in the assemblies of the primitive Christians, communications are made concerning the feith, the doings, and the sufferings of the brethren; hymns are sung, and often a stirring address delivered. The original impulse, therefore, toward the formation of these institutions came from the Protestants, and has sprung from the sentiment of the oneness of that Church whose many members are scattered abroad over the whole earth, but which speaks one language, just because every nJation speakain her own tongue. The Jesuits have sought to avail themselves of this sentiment, by re- modeling their old affiliation-system in accordance with it. Thus, on the one hand, we have congregations, with their preachers and the Bible: on the other, Jesuit guilds of clerical educators, furnished with pecuniary 34 SIGNS OF THE TIMES. means by the laity, ■with ecclesiastical books of devotion, and forms of prayer. So "much, for the present, concermng my first critical sign of the times. But equally conspicuous, both on the Continent and in England, is the second sign I mentioned : I mean the rising power of the clergy as a governing caste or hierarchy, and especially, though by no means exclu- sively, of the Romish. Here, too, the diversity of the whole national and political life has an obvious influence upon the complexion of the particular case : still the phenomenon remains essentially the same. No two things can be more unlike than English Puseyism and German Lutheranism. The first rests upon a firmly established episcopate, independent of the executive and the police, and reciprocally influences and is influenced by many national movements. But modern Lutheranism is the child of a consistorial church of officials. "We find the Lutheran pastors from whom this hierarchical ten- dency emanates, with few exceptions, entirely uninflu- enced either by the congregational elements for which Germany is indebted to the Reformed Church,* or by the outburst of new life throughout the Christian world during the last sixty years. To both these elements of * The term Eeformed Ohuroh is applied in Germany to those Churches which owe their origin to the Swiss School of Reform- ers. Though sometimes called Calvinistic, their dogmatic theo- logy by no means always coincides with what we generally understand in England by that name; they differ from the Lutheran Church on some points of doctrine, such as the nature of the Sacraments, Predestination, etc., and in their form of church government, which is a free synodal form of Presby- terianism bearing some resemblance to the Church of Scotland, while the Lutheran has somewhat of the Episcopal element, though on the whole more Presbyterian than otherwise. — Tr. RISIKTS POWER OP THE HIERARCHY. 35 life they are hostile, as derogating from the "dignity of the sacred office," or even infested with the pestilence of liberalism. But toward the peculiar scientific tend- ency of German thought, whether in philosophy or critical philology, to which they owe all the learning they possess, they assume an attitude of direct opposition, and insist on a theological system which is as far from the leading ideas embodied in the Protestant Confessions as from the spirit of that first and most genial of the Reformers, whose name they abuse. Far outstepping the views of the genial Steffens, nay, even of the more cautious Harless, they accuse their instructors, the great men of our universities, of holding aloof from congrega- tional action, and of having sacrificed practical life to critical science ; entirely forgetting that one main cause of the sickly state of our churches is precisely what those men have delivered us from. They reject the unimpeachable results of investigation as infidel, and stigmatize as godless that which has essentially proceeded from a deep moral and religious earnestness. Thus, so far as in them lies, they cut away the root of congrega- tional life on the one hand, by the heirarchical preten- sions of their "office," which issue in a Catholicizing idea of the Church ; on the other by the servile bureau- cratic spirit which, they display wherever they encounter the element of free congregational activity. If they do not persecute with the sword, like their predecessors, it appears to be rather owing to want of power than of will. At all events, they show the will wherever they are able, as we shall soon have occasion to see. But of all these hierarchical aspirations, I shall have so much to say hereafter, my respected friend, and the fiust itself is so patent, that I may here dispense with entering further into detail. Enough has been said to 36 SIGNS OB" THE TIMES. justify and explain my general assertion that the hie- rarchical element pervades the whole world. The pre- tensions, to a divine right of the clerical office over conscience, and as far as may be over the whole mental culture of the human race, are everywhere the same; and the contrast presented by this phenomenon to the state of things at the commencement of the century, appeared to me, on a superficial survey, not only remarkable but incomprehensible. What, then, I asked, is the origin of these phenomena? Surely it must lie deep in the whole historical develop- ment of the European mind. Else, how could they present themselves under such dissimilar conditions of the common national life at the same moment, and with results of such magnitude ? Is their cause to be sought in defects common to the various social conditions of the past ? Or are they only the one-sided and passionate manifestation of a power of organic reconstruction in the future ? Does the promi- nence of associative activity point to a future universal republic? Or to the all-embracing reign of democracy? Or to a universal empire, the downfall of constitutional monarchy, and the advent of a new race of Caesars — an imperial government, with pretorians and delators under new names ? So, too, with our second sign of the times. Does the revival of the hierarchy point toward a restoration of the ecclesiastical forms of the sixteenth or seventeenth cen- turies ? Or to the universal sovereignty of the Romish Church upon the ruins of Grallican and German privi- leges — of Anglicanism, as of the Churches of Luther and Calvin? And then, what next either in the West or the East of Europe ? FREEDOM OF COITSOIENCB. 37 But, not to stray from the solid footing of the present, we ask, first and before all things, is there any connec- tion between these two phenomena, either in their recip- rocal action or in their deepest roots ? Or are they in diametrical opposition, and from their inmost essence inimical, so that he who would hold to the one must let go the other? Perhaps, I thought to myself, we may gain some pre- liminary light on the matter, if we turn our eyes to two other signs of the times — the ever-growing aspirations of the nations after freedom of conscience ; and the ever-increasing manifestation of the desire of the clergy for the suppressvari of that freedom, and the persecution of those of a different persuasion. The striving after freedom of conscience appears in the history of the last few centuries, and especially of the last eighty years, as the type and condition of legal freedom in general; and always in proportion to the stage reached in the development of social and political relations. Just so was it at the first propagation of Christianity. The reconstruction of political society had its prototype in the Church, and proceeded from her. It would be easy to show in detail how and why freedom of conscience is really the condition of a secure possession and a right use of all other liberties. None arise with- out it, and from it ali others flow, in a natural course of development. So in the first place it has been with the freedom of science. The story of Galileo is sufficient to show how nearly this trenches on that of religion. The history of the nations which have enjoyed freedom of conscience proves what a much happier use they have made of the liberty of scientific research which followed that of religion, than those nations to whom this first of all liberties was wanting, and who desired to be free 38 SIGNS &F THE TIMES. without conscience, and to possess rights without bearing in their own breasts the sense of duty. The same thing meets us still more visibly and significantly in the rela- tions of political to religious liberty. The cause of these phenomena it is, however, also not difficult to perceive. For, if all individual liberty can only bring forth wholesome fruits in so far as it is con- scientiously regarded and exercised ; if conscientiousness, and, therefore, true morality, can only exist where the holy of holies in the conscience — the faith in God, and the will to serve Him — is respected by the absence of every sort of constraint ; then, surely, the right use of every other liberty must lie in this fundamental liberty. And what is true of political liberty in general holds good, also, in particular, of the free expression of opinion, or what is called freedom of speech and of the press, and finally also of the right of free industrial association. In this last direction, we see zealous and active efibrts to substitute freedom of industry for closed guilds, free trade for restrictive regulations. As in former cases, so in the present instance, the enemies of association predict the dissolution of the bonds of society, and the destruc- tion of all existmg social order. But in every sphere experience has proved the contrary, and the final reason is everywhere the same^ — that no developement of human- ity is so grand as that which takes place where there is full security for the moral and legal freedom of the indi- vidual, as well as of society. In other' words, the safe- guard for popular liberties does not lie in ideas of the understanding, and the enlightenment based thereon, but in the groundwork of morality, and in moral culture. But these, as we have seen, rest on freedom of conscience, so far as that is understood and desired by the people. But who will deny that this is the desire of all Christian INTOLERANCE AND PBBSECUTION. 39 nations, Protestant or Catholic — ^the aspiration which, from the days of the Reformation, we haye seen gradually rising with purer and purer flame from the ashes of mediaeval oppression and disorder ? Thus popular fanaticism, or whatever else we may call the misled religious sense of the nations, will not serve us to explain our second phenomenon — namely intoler- ance and persecution. Both are to he named together, for all religious persecution — except it be the mere mask of political violence — comes from intolerance, and all in- tolerance necessarily leads to persecution, so soon as there is any real religious earnestness in the individual. Religious persecution is of most ancient growth, as is also the aspiration toward religious freedom. But, as the multitude here and there believe — and as many are now wishing to make them believe — ^that the men of the French Revolution were the first to demand and estab- lish freedom of conscience, namely, from unbelief, and on behalf of irreligion, so do many also think that the intolerant and persecuting spirit, which we hear them not only excuse but defend, nay, sometimes absolutely laud, as a proof of earnestness of faith — and still worse, which we see them in these days practice — is a phenom- enon of the last few years, and the work of a few leading men. The phenomenon has been indigenous among us for the last thirty years : and for the last forty, a silent preparation for it has been evidently going on in men's minds. Does it proceed from the hierarchy, or from the govermnents, or from the peoples ? It is, at first sight, certainly, the most perplexing riddle of this century. Wherever a nation at large has striven for and con- quered political freedom, it has never forgotten to lay down the principle of freedom of conscience, still less clamored for persecution. And though the Spaniards 40 SIGNS OF THE TIMES. would not accept the Napoleonic tolerance, which came to them in the train of craft and violence, and bore no impress of moral earnestness, yet even there the indus- trial masses have begun to perceive that the true Chris- tian religion must be able to exist without inquisition, or sword, or dungeon, and that those must have understood little of its nature (not even excepting Donoso Cortes and Balmes) who maintaiu, and withal to God's glory, that this is not possible. But who would have dreamt, at the beginning of this century, that, in the land which saw the judicial murder- of Jean Calas, symptoms of religious hatred should manifest themselves immediately on the return of the Bourbons — that, cotemporaneously with Le Maistre and De Bonald, a school would arise which should defend the massacre of St. Bartholemew, and apply to it those fearful words : " Ce sang 6tait-il done si pur ?" — that, in 1823, Ferdinand VII. should only have been restrained with difficulty from re-establishing the inqui- sition in Spain — ^that, in 1832, the Protestant inhabit- ants of the Zillerthal, in Tyrol, after suffering many attacks and heavy oppressions, contrary to the law, should at last have been driven into exile as an act of mercy, as was the case in 1853 with the Madiai in Florence? Yes, who would have believed that, under the scepter of the brother of the religious and liberal Alexander I., in the empire of Peter the Great, which, though despotic, was based on univeral toleration, thou- sands of Protestants, and millions of the United Greek Church, would be forced over to the dominant and national Church by every evil art of treachery and violence, in provinces where this national Church of SPIRIT OP PERSECUTION ABROAD. 41 Eussia had never been the prevailing one, or never existed at all before ? Nay, even among Protestants rages this demon of persecution. The Estates of that Swedish nation which two centuries ago combated with such heroism and feith for the religious freedom of their Protestant brethren in Germany, have passed in the preceding year, an exceed- ingly intolerant law, ordaining the persecution of evan- gelical associations, and the banishment of natives who go over to the Romish Church. After long hesitation, the king has set his seal to this cruel decree ; while in pious Norway, perfect freedom of religion prevails.* And look at Germany ! Not only in Mecklenburg, which has fallen a prey to measureless political retro- gression, but even in other German countries, a vehe- ment and bitter persecution has been set on foot against the Baptist congregations, which had begun to form themselves under the shelter of a short interval of religious freedom.f Nay, what is still more astounding, * In Sweden, not only persons who have dissented from the Established Church, but numbers of its members, have been sub- jected to fines and imprisonments under the Conventicle Law, which prohibits all meetings for religious worship held apart from the Lutheran Church. In the last Diet a law was passed which makes it highly criminal to administer or receive the Lord's Sup- per, except as connected with the hierarchy. At the present time Baptist pastors labor imder sentence of perpetual expatria- tion. The laws of Sweden, moreover, banish Eoman Catholics, and absolutely prohibit their worship; ( See " Evangelical Christ- endom" for July and August, 1855, and Jan. 1856.) — Tr. t In almost all the States of Germany, persons dissenting from the Established Churches have been prohibited from meeting to worship God in the way which their consciences approve, from observing the sacraments, and from every pubHc act of a religious nature. There are cases in which these laws have been so strictly enforced that persons have been accused of holding a 42 SIGNS OF THE TIMES. even among freethinking Christian men in Germany, principles have been enunciated in opposition to religious freedom which were moire appropriate to the seventeenth than to the nineteenth century.* Nay, even the lead- ers of liberal political parties among us make a boast of their exclusiveness as regards the Jews. Whence arises this lagging behind of the Germans in the march of humanity ? The spirit of persecution is not, therefore, to be con- sidered as the isolated endeavor of fanatical or ambitious religious meeting, T)ecause one person, not a member of the family, has been found reading a reKgious book. In Mecklenburg, in Schaumburg-Lippe, in Hesse-Oassel, and in other parts of Germany, persons offending against such laws have been visited with heavy and ruinous fines, with the confiscation of their prop- erty, and with imprisonment on bread and water, as though they were felons ; and many have left their native country, under the severe necessity of a compulsory expatriation. In some eases the marriage rite, which is legal only when solemnized in the Established Churches, has been refused on the score that the parties had not received the Sacrament, they having been refused the Sactament for having attended conventicle meetings; and persons have for years remained siagle in consequence. In one case where the parties, having endeavored in vain for three years to get any clergyman to marry them, had resolved to undertake the long journey to England, to be married there, passports were reflised them on the object of their journey being discovered. An idea of the views on this subject held even by a large pro- portion of the Prussian clergy, may be formed firom the Appen- dix to Letter IX. For further details, I beg to refer my readers to "Evangehcal Christendom," for February, May, October, aid November, 1855, and to a most instructive pamphlet, enti- tled "Protestant Persecutions in Switzerland and Germany," by the Rev. T. E. Brooke, and the Rev. E. Steane, pubHshed by Partridge, Oakey and Co., 1854.— ». * See the correspondence of M. Von Bethmann-Hollweg and Count Pourtales, with M. Merle d' Aubign6, as given in " Evan- gelical Christendom," vol. viii., p. 236, voL ix., pp. 49, 233. — Tr. FESTIVAL OF ST. BONIFACE. 43 individuals, but has roots in our social conditions. Neither can it be designated as the tendency of a single church or a single nation. Is it the offipring of the re- cruited power of the hierarchy ? or is it the consequence of the general direction taken by religious thought on ecclesiastical questions, or a direct efifect of retrograde absolutism ? or has it yet deeper grounds in the sense of the inward unsoundness of the existing ecclesiastical and political organizations ? Here you have, then, my dear friend, a cursory indi- cation of the thoughts and considerations which filled my head and heart when I, last summer, after so long an absence, had at last the happiness of taking up my abode once more in my Grerman fatherland. Shall I tell you now what strange feelings have possessed me during the last fourteen days in connection with these topics ? As I was reviewing mentally all these striking and grave phenomena, and seeking to hnk them in with the results of my former observation and experience, there resounded in my ears, from the neighboring cities of Fulda and Mayence, the summons to the celebration of the eleventh centenary of the martyrdom of St. Boniface. The Anglo-Saxon, Winfrid, is almost universally styled the Apostle of Germany, and his name can hardly be unfiimiliar to any cultivated German. Thus, when I learned that Baron Ketteler, the Bishop of Mayence, and successor of that apostle, had invited his flock to celebrate that festival by a Pastoral, and taken this opportunity to address himself solemnly, like a second Boniface, to the conscience of all Germany, I thought to myself, What a blessing that I am now in Germany ! I shall now have part in all that my nation experiences ; and since this bishop is a man of such exalted and ascetic 44 SIGNS OP THE TIMES. piety, it is a further happiness to live, as I do, in his immediate neighborhood. Who would not gladly open his ears to the latest utterances of the Catholic Church, from a prelate whom many regard as a saint — all as a man of extraordinary force of mind; and who must necessarily, from his station, have a profound acquaint- ance with the subject on which he is about to instruct us? this dignitary of the Christian Church (thought I), in speaking of the Apostle of the Germans, will surely not forget the German people. Tea, in a thankful sense of the honor and happiness of belonging to so great a nation, he will speak of it with reverent affection, and in the presence of the dangers threatening us from East or West,, feel, more deeply than ever, the duty and desir- ableness of exhorting all Germans to mutual love, and the averting of every foreign influence. In this respect, he will, doubtless, not wish to remain behind his great pattern, the learned and intellectual Cardinal Wiseman, who, with all his zeal for his Church, ever speaks of the English nation, not only with respect, but with warm affection and enthusiastic admu-ation; although the Reformation has penetrated into the very flesh and blood of the English so much more than it has among the Germans. Thus, if Bishop Ketteler should rank his saint and predecessor higher than we Protestants can do, we will not take it amiss of him. With these thoughts, I procured the Bishop's Pastoral and other writings, and have been reading them during the last few weeks with all attention. And now what shall I say of them, my respected friend ? At all events, the truth. Then I must tell you at the outset that I have indeed found this Pastoral highly important and deserving of attention : but with equal candor I must con- fess it, in a sense by no means cheering or satisfactory. DUTY OF PEOTESTANTS. 45 Just at the same time, -within the last few weeks, I heard with profound surprise, through the most trust- worthy channels, of the sufferings of two brethren in the faith, who had been cast into prison on account of their religion. Alas ! thought I, this harmonizes but ill with the festival of St. Boniface, ia which I felt so much inclined to take a part. that one of the watchmen of Zion would now step forth ! 0, that one of those emin- ent and eloquent men, who stand as the pillars of the Protestant Church, would now speak out ia behalf of the imperiled liberty of conscience of their brethren ; above all, one of the men whom the leading Protestant Church of the Continent has intrusted with the task of building up the Union, and training our national Church to inde- pendence and self-government! Now would be the moment to expose the immorality and unreasonableness of all religious oppression, especially when directed against fellow Christians ; and who lias so clear a calling to the work as one of those leading men? We should one and all thank them, if they, with that Protestant and apostolic plainness of speech, and philosophic clear- ness of thought which they possess, proclaimed before all rulers and nations our detestation of such atrocities ; and at the same time, pointed out the unseen blessings, both for State and Church, which lie hidden in the bosom of perfect religious liberty <- And lo ! on the twenty-ninth of May what should I find on my study-table but a copy of Professor Stahl's oration, already in print, bearing the very title of a "Discourse on Christian Toleration."* * Dr. Stahl, the autbor of Handbooks on " Ecclesiastical Law," and " The Philosophy of Law and the State,'' was called to Berlin as Professor of Ecclesiastical Law, in 1840. He has, since then, been made Privy Councillor of Justice, and Crown-Syndic in the Upper House; and in 1852 was appointed a Member of the 46 SIGNS OP THE TIMES. I was amazed at the discovery that a man so celebrated had delivered this discourse so long ago as the twenty- ninth of March, in Berlin, before the court and a numer- ous and brilliant assembly, at the request of a Society, which is entitled, par excellence, the " Protestant." So what I was wishing (said I to myself ) has really come to pass, and I have been left in ignorance of it for the last two months, only because I neglect to read the '■'■ Evangelische Kirchenzeitung"* regularly, and none of my Christian friends has drawn my attention to so important an event. But when with eager curiosity I came to read the pamphlet, I knew not what to thiak of myself or of the great political orator and party-leader who had written it. Either I had entirely unlearned in England the meaning of tolerance and religious liberty, and what in Prussia bears the name of Protestantism and the Union — and, if so, at my advanced age there was little hope of making up my lost ground, and I saw myself doomed to pay this heavy penalty for my absence from Germany, and especially from Berlia, and to die at last, if not in cheerless unbelief, yet in distressing and shameful ignorance — or I must come to the scarcely less paiaful conclusion, that one of the first political and ecclesiastical jurists of Grermany, a celebrated philosoph- ical writer, an admired orator, a member not only of the Upper House but al^o of the Supreme Ecclesiastical Council, a leader of the jfiTircAeM^ogr-!— finally, a man of grave and Christian conversation, from whom I myself had formerly expected much service, both in Church Supreme Ecclesiastical Council. He formerly advocated moder- ate views, botli in religion and politics ; but, in 1850, joined the extreme reactionary party, headed by Grerlach, of which he is now one of the most prominent members. — Tr. * Protestant Church Gazette. — Tr. CHRISTIAN TOLERATION. 4.I and State — ^had totally forgotten the history of Protest- antism and the mission of all Protestants, himself in- cluded, in the present and the future I For I could not conceal from myself, that if the principles of toleration and freedom of conscience preached by him were sound, no logical possibility -would be left us of denouncing the persecutors of our brethren, or of stigmatizing their acts as intolerant and persecuting. ^ The proofe of my assertion I will not fail to present to you, in so far as they are called for by the great problem which I propose to myself, namely, to inquire into the true theory of liberty of conscience in the case of- the individual, and the rights of the congregation in the sphere of the Church; and, in particular, whether such liberty and rights are really things so mischievous and irrational as is now preached to us with so much zeal for our conversion, and anxiefy for the safety of our souls. Here you have, in general terms, the impression made upon me by the perusal of the two addresses to which I have referred. The Pastoral of the Bishop seemed to me, in every respect portentous ; the lecture of the Berlin Ecclesiastical- Councillor seemed to me rather to deserve the title of a discourse on Lutheran Intolerance, than on Christian Toleration. Thus you wUl see, too, my respected friend, in what perplexity, or rather in what anguish of heart, I turned to you in spirit, and resolved to ask you to discuss with me these matters of siich general and weighty interest on occasion of the approaching commemoration. Let an earnest consideration of these two signs of the times be our German, Christian, and human mode of keeping this feast. Boniface shall be our starting-point; universal history, our guide : the discovery of a clew 48 SIGNS OF THE TIMES. whereby we may disentangle the perplexities presented by our existing social conditions, our aim. Every great festival must have its eve of preparation ; and so I invite you, on the eve of the great festival on the fourth of this month, to try what preparation we can find in Bishop Ketteler's Pastoral appropriate to a worthy celebration of the remarkable event which it commemorates. LETTER II. THE BVB OF THE FESTIVAL OF ST. WINFRID— BISHOP KETTELEE'S pastoral — THE GERMAN NATION AND THE ANGLO-SAXONS. CHAHLOTTENBBBa, June 4tb, 1856. Eve of the Feast of St. Boni&ce. My Kespected Friend: The eve of the Jubilee has arrived. As it befits the season, we will observe it with a brief meditation. Our text shall be that letter written immediately after his return from the grave of our Apostle, by which Baron Ketteler has announced the eleventh centenary festival of the death of his great predecessor, and invited the faithful of his flock to its celebration. It lies before me under the following title: "A Pastoral Letter from the most reverend Lord, Wilhelm Emanuel, Bishop of the Holy See of Mayence, to the clergy and believers of his diocese, on occasion of the eleventh Centenary of the holy Archbishop and Martyr, St. Boniface." This pastoral letter has been since pub- lished as a pamphlet at Mayence, whence it has been widely circulated in this part of the country. By this solemn inscription, the Lord Bishop has, therefore, entered the domain of publicity ; and it is our right, not to say our duty, to examine and judge this address like any other literary production. The Bishop commences his announc€fment of the festival with a brief axjcount of 3 50 SIGNS OF THE TIMES. the wonders wrought by our Apostle, to whom God (aa he says) did not make known his calling immediately by aji inward revelation, but by the visible head of the Church, the Pope. " Now" (continues the Bishop), " by the fact that the personal dignity of St. Boniface was transferred to this chair by the elevation of the see of Mayence to the primacy over Germany, a provision was made for the permanence of this unity, and the Germans were hence- forward duly prepared for the fulfillment of the exalted task which God had assigned to them in the history of the world." Starting from this position, he proceeds to carry out the idea, that without the influence exercised and the institutions founded by St. Bonifiice, the Carlo- vingian dynasty "would never have risen to the idea of a Christian polity and international relations;" nay, that without him, there could have been no German nation, probably not even a common German language. Then, however, the Bishop continues, and here I must give his own words entire : " When, therefore, at a later period, this spiritual foundation was broken up, and the spiritud bond was rent asunder with which St. Boniface had bound the German tribes together, there was an end of .German unity and the greatness of the German nation. As the Jewish nation lost its vocation upon earth when it crucified the Messiah, so did the German nation forfeit its high vocation in the Kingdom of God, when it broke the unity of failii which had-been established by St. Boniface. " Since then, Germany has, done little but help to destroy the Kingdom of Christ upon earth, and to set up a heathen view of the world. Since then, with the old faith, the, Qld loyalty -hag disappeared more and more, and not all the bolts and locks, nor prisons and- houses of correction, nor police and sentinels, in the world, avail to supply the place of conscience. Since then, Germans have been ever diverging more widely from each other in heart and thought, and we are now, perhaps, in the very midst MISSION OF THE GERMAN NATION. 51 of a chain of events yrHoh is paving, the way for the disappear-: anoe of the German people as a single nation, and building up a wall between our various members, as solid as those which al- ready divide us from other peoples of German race. Since then, those branches suffer also which have remained on the old stem- for when a great branch is broken off from a mighty tree, the whole tree begins to sicken, and it is long ere it regains its former vigor and the old branch is replaced by a new one. This is the source of much delusion. Men reproach the Gatholio . Church VTith the many sins of her members, with the many lamentable things which occur even in Catholic countries, without reflecting that they are for the most part the consequences of that unhappy schism. The nobler the member, the deeper is the injury inflicted on the body when it begins to' refuse its services. The higher the original vocation of the German people in the development of the Christian order of the world, the deeper and more per- manent must have been the shock to that organization, when that member refused its office, and the longer must it last before a new branch can replace the fallen limb, and fulfill the mission which the Grerman nation has cast aside." Truly these' are weighty words ; and, spoken on so solemn an occasion by a man of such personal eminence, and one of the most influential of Grerman prelates, they claim a doubly serious consideration at our hands. The German nation is accused of having forfeited its Vocation in the Kingdbm of Christ by the Reformation, as the Jews lost their vocation as the chosen people of God by their crucifixion of the Messiah. As a palpable proof that this reading of history is that of a true prophet, called to proclaimt God's voice and His eternal judgments in the events of His providence, three asser- tions are made. First, that since that epoch, Germany has almost exclusively exercised a destructive iiafluence in the world of thought, and been the parent of a heathen view of' the world. Secondly, that there has been si, decay of the old Gerrnan loyalty, nay, of conscience itself, which no civil penalties or correctional institutions 52 SI&NS OF THE TIMES. can replace. As the former assertion is the prophetic interpretation of history, so is the latter the prophetic reading of the present. But the prediction of the future, likewise, is not wanting. The Reformation is destined to bring about the annihilation of the German nation- ality, and the various races which were united in such close spiritual bonds by Boniface and the Carlovingians, and which still possess a common language and. culture, will soon be as far divided from each other as they are now from Switzerland and Holland, or even from the British Anglo-Saxons. Nor is this enough. Through this crucifixion of Christ afresh in his Church, the German nation is responsible for the undeniable decay and cor- ruption of the nations which have remained in the Catholic unity. If a thousand voices in Italy and Spain rise to heaven in lamentation over the wretched state of these once so flourishing lands, these once so powerful nations ; if thousands on both sides of the Pyrenees, are sighing over the corruption of religion and morality ; if (according to the latest official reports, which are now filling all Europe with horror) the prisons of the Papal States are crowded with men guilty of the most horrible and loathsome crimes, to an extent hitherto unparalleled among Christians or Turks (twenty-one parricides among others) : on whom does the guilt rest but on ourselves, the German nation? The unfortunate peoples and gov- ernments are suffering from the consequence of our god- less deeds committed three hundred years ago ! Ought we, my respected friend, to keep silence under such unheard-of accusations ? Boniface belongs already to the history of the world, and every German especially has the right to see that full justice be rendered to that remarkable man and his works. But our national honor is a holy thing, to contend for which, as far as truth RESPONSIBILITIES OF GERMANY. 53 permits, appears a sacred duty. And now such an accusation! on such an occasion ! in such an emergency in the affairs of our fatherland and of the world ! The future belongs to God ; but conscience interprets the signs of the times, and, above all, truth-seeking humanity pronounces a final verdict. Bilt for a con- scientious inquirer there can be no safer course than to contemplate the phenomena around him,in the mirror of history, and meditate on them in the light of the Gospel. And so doing, I believe we can point the Bishop who prophesies such evil and, according to my conviction, untrue things, to a very different picture within the very tribe with which Bonifece was more immediately con- nected, the reality of which will be evident to all the world. But the whole of Germany offers to our view only one portion, if no insignificant one, of the great destinies that are being evolved around us. The reign- ing powers of the whole civilized world form one family, the much-divided household of Christ, whose members occupy very different stations in the great highway of human progress, but who have all set out from the same point and advance toward the same end, although they have traveled and still travel , by different paths. The lessons taught by the varied fortunes of the European races in the aggregate, on both sides of the Atlantic, will surely also be applicable to ourselves. We will, therefore, as soon as this festival is over, try to rise to the wider poinj of view offered by general history, whence we may gain a freer survey. And, in so doing, we will seek, as far as possible, to avoid opening afresh the yet bleeding wounds of our fatherland, and rather look abroad or to ages long past when we have to characterize and prognosticate evils and dangers. * We can not, however, suffer those unexampled words 54 SIGNS or THE TIMES. of the prelate to pass without comment. They are, indeed, directed in the first instance to the believers of his diocese, and if he chooses to treat them as such godr- less persons,, we can not deny him the right to do so. We, should certainly regret it deeply, but should neither feel it our duty nor our business to stand between the shepherd and his flock. . But it is clear that it is not the Roman Catholic inhabitants of this diocese nor our Catholic brethren in general, on whom the Bishop intends his awful invectivps to fall They are evidently regarded by him as sufferers under the fresh crucifixion of the Messiah, committed by their Protestant fellow-country- men. His hard words are, therefore, as regards the guilt of the transaction exclusively, as regards the pun- ishment chiefly, directed against us Protestants ; only the Bishop, being a mild and courteous man, did not wish to say the naked truth so directly in our faces. God can not -possibly punish an innocent posterity still more severely for our sakes than the sinners and crimi- nals themselves — ^for that would be contrary to all justice, human and divine. Our interpretation of his meaning must, therefore, be the correct one. Now. there are, probably, few;, even among the clergy of the reverend prelate, who seriously think the German nation a depraved one, and its views of the world un- christian and godless, compared to those which prevail in France, Spain, and Italy, or believe that its influence in the world, since 1517, has been purely anti-Christian. We will, therefore,, attribute its full share to the rhetor- ical force of his language, and the excitement of the great clerical festival which the Bishop had just been attending in Rome. His language is strong, but let it pass as an episcopal fagon de parler ! But when the prelate says, in so many words, that the German nation ACOUSATiONS AGAINST G-EftMANY. 55 has lost its conscience, we are compelled,, by our con^ science, which commands us above all things to speak the truth, to tell him with Christian freedom, that we deeply lament, for his own sake, that he should have made such ?in assertion. It seems to us more worthy of an ignorant feudalist, or an arrogant priest, than of a man so highly cultivated, still less of a Christian bishop. Nay, it reminds us but too strongly of those words of our Lord, exhorting his hearers to beware of the sin against the Holy Ghost, which could not be forgiven (Matt. xii. 31, 32), for us to dwell on it without a shudder. We can only -hope that the Bishop did not know what he was saying. He who denies all conscience to his own nation, to which he owes his birth and mental culture, excommu- nicates her from all participation in the Spirit of God, in so far as she does not think as he does on Church matters. And can such an act be committed by a German prelate, casting his eye over three centuries, at the celebration of a German festival, on the eve of a great assembly of bishops? Now within these three centuries (at least according to the judgment of those who have not left their consciences and their eyes under the cupola of St. Peter's, in the crypt of the Apostles), German intellect, German integrity, German loyalty, and German thought, have more than once enlightened and .saved the world. Did not the Bishop then feel a shudder when he denied conscience and honor to this his nation, his home, his mother; when he joined the epithet, murderer of the Messiah, to her name, forgetting that there existed yet a Messiah to kill — the body of Christ in the world, his Churchy and the conscience of its living members? This Messiah truly, as did once that divine Person, wanders over the earth in the form 56 SIGITS OF THE TIMES. of a servaBt ; and nowhere mare so than in our distracted fatherland. But just because no cme can blaspheme the Spirit in humanity without bla^heming or denying God himself, are we bound to speak of the children of ouir common mother with affection, and of herself with reverence; and we repeat it, above all, of such a mother and such a people, and in such a conjuncture of our fatherland and the world ! Gladly would we find an apology- for the Bishop that should mitigate our censure and our sorrow, in his patriotic anxiety regarding our future with referraice to the position of foreign countries ; but this we are hon- estly unable to do, and therefore must not attempt it. For only too soon the course of our observations will lead us to a very remarkable and purely politico-juristic production erf the same prelate, in which he expressly calls upon the two powerful neighbors c£ Germany, France and Russia, to interfere in our ecclesiastical dis- putes — namely, as guaranties of the Peace of Westphalia in 1648, and of the Final Resolution of the Committee of the Diet in 1803. We will, therefore, leave the Baron to defend his honor; the Bishc^, his consci^ice; and the Patriot, his German sentiments — ^I do not know if I may add — the Subject, his oath of allegiance — ^fosr it is said that he has never takep it — ^and seek for a more consolatory, and, please God, a more worthy and Christian preparation for our festival than the Bishop's letter afibrds, while we return to the free air of Provi- dence and history, and trace the fortunes of the race from which Winfrid sprang. Now if we take a comprehensive survey of the devel- opment of the human mind and Christian nations during the last eleven centuries, the fact instantly arrests our ANGLO-SAXON EA.CB AND FREEDOM. 57 eye, that the Anglo-Saxon race is that which has exhib- ited the greatest amount of creative and constructive energy, and, moreover, in a continually increasing ratio of importance to the history of thfe world at large. This was first exhibited by the West Frisian branch in the free states of Holland ; and if at first their own institu- tions displayed some remnants of the spirit of religious intolerance, forgetting that they had revolted and com- bated against the intolerance of Spain, this blot was gradually effaced under the influence of the essential principles of liberty, so that we see them already in the seventeenth century the first nation in Europe to pro- claim and practice toleration as the principle of a Chris- tian State. Thus did they worthily atone before God and man for their former violence, in which, however, they no doubt rather saw the averting of unjustifiable attempts on the part of foreigners to disturb their tran- quillity, than a crime against religious toleration. But this atonement was first consecrated as a principle of universal authority by their noble brethren in England and America, who established it as a fundamental law that the State • has no right or power to meddle with liberty of conscience, and thus uttered the most solemn acknowledgment that mutual toleration is the true and only valid proof of Christian feith before God and man. Here we encounter some curious coincidences of time and races. The bloody deed of pagan intolerance whose anniversary we this day commemorate, belongs to the middle of the eighth century. Eight centuries later, it was the Anglo-Saxons of England who set bounds to the atrocious intolerance and persecutions of Spain ; and it must be confessed that the intolerance of the Frisians was mere child's play compared to the Spanish methods of conversion, and the dark horrors 'of the Inquisition. .3* S8 SIG5FS OF • THE TIMES. . ::.*'-■ And without, a,ll question, this Inquisition., with its rac]?:a and- its scaffolds, had grown up out of the ecclesiastical system of,Bonifiice.,:, Long before the Grand Inquisitor, Torquemada, toward the end of the , fifteenth century, brought the.Holy Office into, Spain, it had been employed from its seat in Bome against the Albigenses ; and, Pope Paul IV. celebrated the eight hundredth festival pf St. Boniface with the uniyergal, introduction.of that, fearful tribunal. Was Germany in that age less God-jfearing than Spain with its rigid exclusiveness, because, in 1555, she signed the Treaty, of Religious Peace at Augsburg? Would this tre£!.ty itself have been more, or less,,. Chris- tian,, and rich, in blessing, if it had conceded a larger measure of freedom? And is Spain, in the yea!r 1855, more Christian, ,more moral, more happy than Germany, where, according to the expression of the Curia, "here- sies rage unpunished ?", , It was thirty-three years later, in the summer of 1588, that the ,English Anglo-Saxons saved the mental and political freedpm of Europe, and the, honor of Christendom,, by repulsing from her shores the vaunted giant fleet of , Spain, and rendering it possible for the hardly-.pressed West , Frisians victoriously to, achieive their liberation from the Spanish yoke. Just one century after, in' the year 1688, the same Anglo- Saxons raised the principle of religious, liberty into a fundameipial law of England, when ■. they put an end to ecclesiastical domioation by the expulsion of the Stuarts, who forgot .their oaths and their national his- iOTj. , , , , It was a great prince of these same West Frisians who, naturalized on English soil the religious freedom abeady successfully conquered by the Dutch. "But already, during the contest with the Stuarts, English THE GERitAN' Spirit Progressive. 59 heroes of the Spirit, themselves martyrs of religious intolerance, had; as Pilgrim Fathers and Apostles, laid the foundation of that mighty empire beyond the Atlan- tic which eighty years since, on the declaration of its independence, proclaimed the principle of religious liberty, no longer of mere toleration. As regards Germany, I will not here inquire whether Protestant or Catholic Germany haft gained more by the religious toleration demanded and asserted as a principle by the Reformers. All German hearts agree in this, that we have all suffered from iatolerance ; not only politically by the impeding of the free development of Germany, but also in religion. Of all nations, the Germans are those whom it will be the hardest to per- suade, that the religious conviction of an individual, or a congregation, or a country, ought to be, or can be effectually, changed by force. This is an article of faith wherever a German heart beats. Nor will the Germans, with their inborn faith and humanity and providence, ever hear those thmkers and legislators, who in the last century labored for toleration and freedom of conscience, spoken lightly of without indignation, still less reviled as godless. Last of all will the German people acknowledge itself as deserving censure, or even punishment, because it honestly entertains sentiments of toleration ; for it is by nature the most inwardly relig- ious of all nations, and, therefore, the one which most reverences the voice of conscience in matters of belief. It is the German spirit which breathes in energetic Scandinavia, as in Holland and in Switzerland. It is this spirit which in the Romanic, Celtic, ai^d Slavic populations and States, manifests itself as the element of progress and civilization ; and never with mightier energy than since the great spiritual upheaving of the 60 SIGNS OF THE TIMES. sixteenth century, and nowhere with more of creative and conservative power than in the races which shared in that movement. How should this spirit be utterly extinguished in its great home in Germany, notwithstanding all our political disadvantages and heavy calamities ? But all the nations of the earth know, and say, the contrary. The sorrowful and anxious question is only, how the successor of St. Boniface has arrived at so gloomy and untenable a view of the world, and grasps it with so firm a conviction, that he has felt himself impelled to . seize this moment to hold up with such solemnity the distorted image reflected by his concave mirror, before the eyes of his nation and the world? Was there really no other mode of convincing us, or even his believing flock, of his apostolic fiiith and episcopal wisdom ? Perhaps we shall be assisted to an explanation of this phenomenon by the subject of our meditation on to- morrow's festival, namely, St. Boniface and his work. We will set his picture in the historical framework that it deserves — ^that is, endeavor duly to point out that great man's place, in the history of the world; namely, between his forerunners, the earlier apostles of the Christian faith among the German tribes, and his epis- copal successors. And this will lead us immediately to the men and the questions of the present day. What I have said is enough for the eve of the eleventh centenary festival. LETTER III. THE JUBILEE FESTIVAL — BONIFACE, HIS FORERUNNERS AND SUCCESSORS. Oharlottenberg, June 6tb, 1855. On the Festival of St. Boniface. This day, then, my dear friend, is celebrated the centenary festival of the martyrdom of Winfrid, com- monly called St. Boniface. Exactly eleven hundred years have elapsed since that day, immediately following the feast of Whitsuntide in the year A. D. 755, when the Frisians murdered the Anglo-Saxon missionary and legate of Rome on his entrance into their country. Scarcely can one of the former centenary festivals have been announced with such pomp of preparation, or in so brilliant an assemblage of prelates. The summons to its celebration rings through the whole land ; a papal legate, several foreign bishops, and a large number of ecclesiastics, have met in Fulda and Mayen^e ; solemn processions and a fortnight's festival are proclaimed, and tracts for the occasion are disseminated among the people. The earnest observer of the affairs of the German nation, and of the present crisis in history, can not but be struck, while contemplating the labors and death of Boniface and this festival in his honor, by two trains of thought, both of world-wide significance. The subject of the one is the unchristian and inhuman nature of all 62 SIGNS OP THE TIMES. religious intolerance and persecution. The other will lead him to consider the pretensions of the Church ; or the claims of the hierarchy on the individual, the nation, the State, and mankind. And thus you see, dear friend, we find ourselves at once in the midst of those ages ■which we at first passed by, and yet no less in the im- mediate present. The deed of the West Frisians was an outbreak of barbarism against intrusive ; foreigners ; but it was, nevertheless, a murder prompted by intolerance and religious hatred. Undoubtedly the Romish legate, and Archbishop of Mayence, entered upon his missionary travels with an unusually numerous and not unarmed suite : fifty-two persons are mentioned as having fallen with him, whom he had forbidden to defend him and themselves. Evidently there was in the country a powerful Christian party with which he stood in connec- tion ; the same which shortly afterward took a bloody- revenge for his death. It was the members of this party whom be was awaiting in the tents which he had erected at Dokkum, in Holland, on the river forming the boundary between East and West Friesland.. On Trinity Sunday, the, neophytes were to be confirmed, and accompany him into the country on the opposite bank. But up to this point, as far as we know, no act of violence had been committed in the country by him or his followers. EUs power and influence were certainly of a spiritual nature ; and with spiritual and legal weapons alone could and ought he to have been com- bated. But the heathen party regarded him as a con- temner of their gods, and a- foe to their national cus- toms, and determined to prevent, his entrance into their country. Thus he was attacked by their host, and unresistmgly sufiered himself and his train to be slain, THE APOSTLE 05 GERMANY. gg holding the gospels in his hands, above his head, as he fell. St. Boniface is called th,e apostle of the Germans. But the judicious, historical researches of Neander and B«ttberg have brought more clearly to light than had ever been done before, the same fact on which Bishop Ketteler of Mayence, and Professor Leo of Halle, with their disciples and adherents, proudly dwell as the seal of his aspirations and his work. Boniface was not so much the preacher of the Gospel as of the Church ; he labored chiefly where Christianity already existed: he ought to be called, not so much the apostle of Germany as the missionary of Rome, whence he was sent forth furnished with extraordinary powers. To the one party this is a defect and a reproach ; to the other his highest glory : the fact is undisputed. IJet us now inquire of history what is the truth as to the church-system of Boniface. From our point of vieVr — that is, from the ground of historical fact — I think no one has pronounced a more moderate judgment on Boniface than Neander has done, in his Church History, and again, more fuUy^ 'in his Ecclesiastical Memorabilia. In the latter work he says, in the Essay oh Boniface (vol. iii., p. 259) : " The dark side of tie ministry of Boniface was, that he did not know, in its full extent, the freedom of the ehildren of G-od, who have died with Christ to the^ordinances of the world ; whose life, being no more of this world, but hid with Christ in God, and belonging to heaven, ought not, therefore, to be brought into bondage by the ordinances of this world. He knew, it is true, the fundamental principle of inward Christianity, and possessed it in his own inward life : he possessed it, indeed, all the more, be- cause his powers of reasoning out the Church principles he held, were not equally developed with the Christianity that lived in his soul. But, with this inward Christianity, he still combined a cer- 64 SIGNS 01" THE TIMES. tain dinging to outward things -wHch is altogether foreign to it. He did, indeed, build on that foundation which is Christ — and hence his work could not but stand as of Grod; and grow in suc- ceeding centuries by the Divine power that was in it — ^but he did not build on this foundation pure gold, but wood, hay, and stub- ble. And here it must be said to his excuse, that he was not the author of this confusion, but that he foimd it already existing in his age." ' Neander and Eettberg seem to me to have treated the most impartially of Boniface and his work, and mutu- ally to supply each other's deficiencies. While Rett- berg, by a wise criticism in his documentary history of the diffusion of Christianity in Germany, has thrown light on the outward history of this active and energetic man, and on the institutions that he founded — confuting at the same time, forever, with equal earnestness and sagacity, unjust suspicions and accusations against his character — Neander enters more into the theological and apostolic side of his ministry. He dwells, with, perhaps, greater affection than any previous historian, on what was worthy of esteem and honor as a Christian and a man in the character of Boniface. True, he can scarcely adduce from his letters and writings one prin- ciple of Christian wisdom for the spiritual life of man, nor one sentence that would discover a deep apprehen- sion of the Gospel in its bearing on the relation of the soul to God and Christ. The predominant element throughout his writings, as in his life and ministry, is a strong belief in the right of priestly dominion over con- sciences and nations, and a Jewish rather than Chris- tian scrupulosity about outward forms. Neander takes the more pleasure in being able to point out the exam- ples of Christian liberality and deep moral earnestness which Boniface gave in his acts. At the present day we may smile at his inquiring CHARACTER OF BONIFACE. 65 from Rome, whether his converts might eat horse-flesh (which they were evidently in the habit of doing), and whether, and under what form, they might partake of raw bacon ; in which case, Rome's decision against horse-flesh, and recommendation of ham, were undoubt- edly judicious. But Winfrid was not thus timorous and helpless, where it was a question of truth and mor- als within his own sphere. He did not conceal from the Pope that the pilgrims who returned from Rome justi- fied many ofienses against morality and Christian dis- cipline by what they had witnessed in Rome itself and its neighborhood, particularly on New Year's Eve ; and he urgently recommends the Holy Father to abolish such remains of heathen abominations within his own diocese, in order to do away with this cause of stum- bling. His method of proselytism is certainly chiefly remarkable for its political sagacity, practical energy, and a zealous determination to break down, once for all, the resistance of the nation at large. But he frankly censures the rapacity of the Roman Curia, which exr acted so high a price for the archi-episcopal pallia, that many begged to be excused this honor, though, prob- ably, they also did not wish to obtain the metropolitan dignity as a fief from Rome. He never ceases to com- plain on this subject even after the Pope had commanded him to keep silence on so tender a point. Though him- self the Pope's legate, yet when Zacharias, the successor to Gregory III., during his residence in those parts consecrated Chrodegang to the bishopric of Metz, he blames him for this invasion of the rights of Chrode- gang' s metropolitan, the Archbishop of Treves ; and it needs the mediation of Pepin to put an end to the dis- pute. Finally, Rettberg has rendered it extremely probable, that Boniface by no means sought, as Schmidt 66 SIGNS OF THK TIMES. maintains, the deposition of the Merovingians ; but ra- ther excited the anger of the Pope by his protests against the act. But one stain can not be washed out from his characr ter — that of religious persecution and hierarchical ex- clusiveness. It is undeniable that Boniface, by the help of the temporal power, managed to rid himself pf all his opponents and rivals in the missionary field, and in par- ticul§,r of one who was evidently a very distinguished British missionary and bishop. So effectually did Boni- face silence Clemens that the latter disappears without a trace. Still his method, of proselytism, taken on the whole, was a spiritual one, and truly excellent in com- parison with the baptisms by masses, and deeds of vio- lence, by which, thirty years later, Charlemagne carried on the work of conversion among our Saxon forefathers. Professor Leo does indeed try to justify Charlemagne by allusion to the "human sacrifices" of, the Saxons: that is, they sacrifi,ced single prisoners, while Charle- magne caused four thousand to be massacred at once. But this account belongs to the same dramatic romance which ascribes the conversion of Germany to Gregory's walk "on the Roman forum," through the medium of England, whose offspring, Winfrid, "begot us," and brought into existence our historical Germany. Nay, the history of this metropolitan see, the diocese of May- ence, manifests an extraordinary and more than patri- archal power of generation in that hereditary statesman- ship of the Electors of Mayence, who, by their counsels as Arch-Chancellors of the Holy Roman empire, have added so much to the happiness and < glory of Germany/ Historical criticism can not, however, recognize" such romances, except as pathological phenomena ; just as gifted scholars have treated similar romances in ancient HIS PREDECESSORS. 67 history. We may certainly hope that these paradoxes are not uttered in earne"st, but that the author is only wishing to have a laugh against his hearers and readers. On the contrary, history informs us that before Boni- face — with whom Professor Leo begins the history of Germany, passing over Arminius in silence — ^the pros- pects of the Gospel in our country were by no means dis- couraging. We certainly had no powerful Church, but we had a free and spiritual Christianity. Though Me- ander says that Boniface found the confusion between externals and the inner principle — ^the Christian life ia the soul and the Church organization — already existing in his age, we must rather agree on this point with Win- frid's present ecclesiastical panegyrists, who — as, for in- stance, Leo, the Protestant (?) eulogist of the hierarchy — regard the circuinstance which Neander laments, as the highest merit and greatest glory of the martyr. We say with them : Boniface was not the apostle of Christianity in Germany, but of the Church, that is of the Romish hierarchy. Boniface was the missionary of Rome, and preached the supremacy of its pontiff with the necessity of setting aside all those who thought otherwise. Whether this was as great a blessing as Professor Leo would make us believe, still remains a question. A glance on the predecessors of Boniface in Germany wUlgive us somewhat more light on this point. Christianity in Germany dates from primitive times, and came to our forefathers, no less than to the Romans, from the East. Asia Minor was its cradle ; and, later, our pole-star was Byzantium, not Rome. One great and noble Teutonic race, the Goths, had already volun- tarily embraced Christianity, at a time when, according to the unimpeachable testimony of their eotemporary, 68 SIGNS OP THE TIMES. Prudentks, more than half of the great families and the ■wealthy and cultivated classes of Kome were still living, almost without an exception, in heathenism. The Bishop Theophilus who sat in the Council of Nice for the metropolitan see of the Goths, lying on the left bank of the Danube in Eastern Wallachia, may probably have been rather a missionary than a national prelate. But the Goths, as Commodian (in spite of Kraffit's apparent refutation*) had prophetically ob- served as early as the third century, had nothing in their character or customs hostile to Christianity. Ulphilas, who was born among the Goths, but was the son of a Catholic priest of Cappadocia who had been led away captive into their country, was the first and great- est apostle of the Germans. He was a somewhat younger cotemporary of Athanasius. At the age of thirty he was made a bishop, a. d. 348, a dignity whose possessor was called by the Goths presbyter or elder, according to the primitive custom, wliich may be still shown to exist, at that period, in many places beside Asia Minor. In order that his people might be able to read the Word of God to man, this great apostle in- vented the Gothic alphabet, which he borrowed chiefly from the Greek, also availing himself of the Latin al- phabet and the Runes ; and about A. D. 370 — therefore nearly fifteen hundred years ago — he translated the whole Bible, except the books of Kings, from the Greek into his own noble language — a language that owns the same ancient origin with, and is the most closely allied to .their primitive tongue. It is true he declared himself in favor of the Synod of Ariminum, and, therefore, with the . Patriarch of * Eiafift. Die Kirohengeschichte des Germanischen Volks, Bd. i., Abth. 1, 1854, s. 3. GOTHIC CHRISTIANITY. 69 Constantinople and Valens, against Athanasius ; but he did it certaialy not to court the higher powers, but from that deep conviction which he expressed to his people, and which was accepted by them in perfect faith. His memorable .saying was, "that the dispute concerning the dogma of Athanasius was not a matter touching the essentials of religion, but the ambition of the bishops." His theological confession of faith, which was discovered a few years ago in a nearly cotemporaneous manuscript by Waitz,* is neither Arian nor Athanasian. In it, Ulphilas abides by the decision of the Council of Con- stantinople in the year 360, which confirmed the de- cision of the Synod of Rimini, with the addition, that the word " Ousia," which was used by both parties, ought not henceforth to be employed in theological treatises on the divine nature in God and Christ, be- cause it was no more a scriptural term than the word, "Hypostasis." Ulphilas then brings forward his own theory. In it I do not, like KraflFt, see the influence of a real or supposed Gothic mythology, but rather a train of speculation, awakened by Ennodius and the theology which the fiither Ulphilas brought from Asia Minor. It is essentially monotheistic in principle, or Monarch- ian ; yet it would not be difficult for a theological oppo- nent to accuse it of Tritheism. We will further re- mark that he is fer from giving out his system as a rule of faith ; he puts it forward only as a view of the the- ological schools; the customary mode of propounding their systems among the elder fathers of the Church. The Goths followed his view, and declared against Athanasius. With regard to the Arianism of the Goths and of all the German races, with the one exception of the Franks, an acute and profoundly learned historian, * Waitz. ITeber das Leben und die Lehre deS Ulfila (1852). 70 SIGNS OP THE TIMES. Gieseler,.hasverjr correctly remarked,: that it sprang less from any enthusiasm for the Arian formula, than from the disinclination of the Germans to look for the truth in any, even theological disputes, among the Romans.* They thought, no douht, that that principle could not possibly be the right one, which was preached by those whom they knew and abhorred, in practical life, as false aind treacherous. Thus they took part with those bish- ops who declared against Athanasius, and who, for a time, formed the majority. ' ' •However this may be, it is certain that we owe to this Gothic Christianity, which was kindled by the Greek Church, the most ancient translation of the Bible into a popular European languiage — a work which is a mas- terpiece in its class, and an imperishable glory of our people and tongue. The Latin version bf St. Jerome is a translatioil into a dying language, and dates, more- over, half a century later; the e&rlier Latin version, the Itala, is older, but had its source in Africa, and the conjecture that it was known to Ulphilas, as some would now imagine, is altogether without foundation. Ulphi- las's translation has faults and mistakes, but they are all to be explained from the original Greek text before him. This form of Christianity produced, among other great men, the noblest of our Christia.n heroes — at once the most German and patriotic in heart, and the only good ruler and true benefactor of Italy during those evil cen- turies — Theodoric, the elder Dietrich of Berne of the Niebelungen Lay. True, at the instigation of the or- thodox priesthood, the ashes of the king wefe taken, soon after his death, from their resting-place, and scat- tered to the winds as those of an accursed heretic ; but even his empty mausoleum is a speaking monument, and '^ Gieseler. Erchengeschiolite, ii. 1. COLUMBAN AND GALLUS. 71 the fame of the hero atill Uvea in song, and in the grate- ful memory of the people. But we will as little join with' Leo and Ketteler to forget the thoroughly orthodox British apostles of Ger- many and their disciples and successors, as we will con- sent to disown Ulphilas and Theodoric^ It is true that these Apostles, like Boniface, gave us no national Bible; like him, too, they formed for us no true national State; but they did preach a far fireer and more spiritual faith — ^a faith, according to the testimony of history, akin to that of the ancient church. Unfor- tunately we know but little of the j>ersonal characters and history of the two British missionaries with. whom we are most nearly concerned — Kilian and Fridolia ; but we know the school to which they belonged, and we know still more of the heads of that school, Columban and his discipl6 Grallus, both of whom may themselves be counted among our apostles ; ihe former being the apostle of the Burgundians among the Vosges, the lat- ter of the Swiss. Both preached the Gospel in the German language with great suc(Sess, from a hundred and fifty to a hundred years before WinMd. Colum- ban himself was a follower of the inspired apOstle of Ireland, St. Patrick. In him, and in the whole of this British school, breathes the free spirit of that Celtic Christianity of Southern France, of which Iren- seus of Lyons is the represeittative and patriarch— that Irenaeus who was, again, the disciple of Polycarp of Smyrna, a follower of the teachings of St. John, and the champion of the liberties of individual congregations against Rome, in the great dispute concerning the time of Easter. • Like Irenaeus, Columban combated the claims of the Bishops of Rome to make decisions for the whole of 72 SIG-NS OF THE TIMES. Christendom, and this in the times of a Gregory the Great. Holding fast, as Irenaeus did, to the more an- cient custom concerning the feast of Easter, he says, with reference to it : " The same has been also said by the Bishop of Rome, Victor, but none of the Oriental bishops received this figment of his brain. What a crude and careless decision 1 for it rests on no testimony of Holy Scripture."* Thus, the Scriptures are to him the highest rule of faith, and the freedom of the individual churches is the first principle of his Catholic wisdom. Nay, even in the days of Boniface and later, there were not wanting worthy representatives of this more liberal British school, which once in Anglo-Saxon En- gland came into collision with the Romish emissary, the monk Augustine, in the person of the Abbot of Bangor. We know the British bishop Clemens, who was also a preacher of the Gospel in Germany, and is so bitterly denounced by Boniface, only through the harsh and evidently angry accusations of his zealous opponent. But according to the representations of Boniface him- self, these accusations, in point of &ct, may be reduced to the following : First — Clemens lived in matrimony, and had two sons after he became a bishop. Now it is well known that the marriage of the priests was permitted both by law and custom in the British Church, and long after, in the Anglo-Saxon. That prohibitions of second mar- riages occur in very early times (according to the cele- brated passage, 1 Tim., iii. 2), proves of itself that first marriages were considered unobjectionable. It is not quite just in Boniface, therefore, to call this relation * Neander. Denkw. iii., 222. THEOLOGY OF CLEMENS. 73 adultery (i. e., fornication) ; for it was not such to Clemens or his Church, any more than the primitive Christians. ' , Secondly — He' did not hold marriage with a deceased wife's sister to be divinely prohibited — a view which is shared by many of the ancient fathers, which evidently has the sanction of the Mosaic Law, and is now no longer regarded by the Pope himself as contrary to the divine commandments. Finally — According to the statement of Boniface, Clemens believed that Christ, on his descent into hell, may have proclaimed the Gospel of salvation to the heathen, and thus redeemed them ; which is simply a philosophic and theological interpretation of that obscure passage in the First Epistle of Peter, concerning which the ancient Church knew no more than we do, and on which the fathers are known to have held the most dif- fering views. But this very opinion found no insignifi- cant advocates in Clemens' great namesake of Alexandria, and the early Alexandrian fathers. Neander thinks that Clemens the Briton may, perhaps, have gone so far as to question whether all the latter heathen were lost forever, though Christ had not been preached to them.* But even if Clemens (as Neander supposes) should have held the possibility of a final restoration of all souls — as many fathers believed before him, and the great Briton, John Scotus Erigena, certainly did a cen- tury later — this would have constituted no crime or heresy in the eyes of the British Church, whose bishop he was, or in those of the primitive Christians. Probably, too, Boniface may not have been satisfied with the validity of the British episcopal ordination ; for the abbots of those ancient British monasteries which * Denkw. iiL 264, Anm. 4 74 SIGNS OF THE TIMES. sent out so many missionaries, nsed to consectate bisHops, without being bishops themselves. But had he been heard, Clemens could have defended^ his Church and himself for this practice, as well as St. Patridi, Colum- ban, and Gallus. What we do know is, that he was condaamed by Rome unheard, on the accusation of Boniface. DoubtlesSj therefore, Neander's comparative jud^ent on the twa is very justj when he saya : "In trae knowledge of Christianity, CSemens was probably superior to Boniface, and how much good might he not have wrought, if, uniting to this fteer insight the spirit of love and wisdom, he had bmlt up the German church, from the first, on this fpmidation — that the only source of the true knowledge of the Christian faith is Holy Scripture as interpreted by itself. What widely different fruits would Christianity have borne, thus receives at once in its puHty 1"* In all this we fully coincide with Neander's verdict. But the difference between Boniface and his predeces- sors, and in general between the Church system which he preached and the Christianity of the earlier church whose relics and ruins he found existing around him, did not lie simply in theological definitions, as we might suppose from Neander's representation. It was not merely a difference and a conflict in the field of thought j it had to do with the real world and its government. The struggle of the hierarchy for dominion is always the same in principle, and does but assume varying forms according to the varying position of the individual to the congregation and the State, and the relation of these to each other and to the clergy. The great points on which we must here fix our at- tention, are the election or nomination of bishops, and * Denkw. S. 263. ELECTION OP BISHOPS. 75 legislation on the points of collision between the State and the Church.- Of the latter, the three most im- portant are — first, marriage and education, or the home and school ; secondly, the education and discipline of the clergy and people ; and thirdly, the management of the Church property. Let us now inquire, successively, what position Bonifece'held with regard to these three questions. Until up to the beginning of that century, the bishops both in the east and the west, were still, as a rule, chosen by the people and the parochial clergy (a clero et pop- tdo), as the canon law of the Western Church still pre- scribes. This election was followed by the recognition of the metropolitan Church, whe^e one existed, or of the neighboring bishops. The rise of spiritual corporations led to the episcopal ordination ■ of missionaries to the heathen by the abbot of the monastery which sent them forth, the abbot himself however not being a bishop. This form wo find among the British missionaries. When Christian governments and Christian corporations possessed of property came into existence, the recogni- tion of the State was added to that of the Church. But in France, where the sovereigns found the episcopacy already existing as a rival power, they claimed a larger share of influence in the episcopal elections — nay, aimed at securing to themselves the whole right of appoint- ment.* So long as the bishops all sprang from the Romano- Celtic population, the old canonical form was maintained^ and the Gallic Synods fought bravely for their ancient rights and liberties. But when Franks entered the ranks of the clergy, and important estates came into the pos- * With regard to the following pages, consult the sources indicated by Rettberg, vol. iL, p. 604. 76 SIGNS OF THE TIMES. session of the Church, the relation existing among the followers of the King was applied to the bishops ; the King bestowed a bishopric, as he bestowed a fief upon the lay nobility. The Synod of Orleans, A.D. 549,' decrees that the election must have the consent of the King ; but the right of election itself is affirmed by all the synods of this century. But in the year a.d. 614, the decree of Clotaire II. proclaims the right of the King to fill up vacant bishoprics. With a demoralized monarchy and aristocracy, like that of the Franks, this claim opened the door to all manner of baseness and simony. The same evil spread rapidly among the dukes of the neighboring races. The example of the Frankish kings was contagious. Boniface found things in this state under Charles Martel. He complained of the abuse that had crept in. In these appointments he .very justly saw a violation of ancient usage and right. But of whose rights ? Accord- ing to the testimony of Scripture and the history of the primitive Church, it was a question of the restoration of the rights of the congregation and the parochial clergy, who formed part of the congregation. But this was not at all what Boniface desired. On the contrary, he himself, as papal legate, filled" up the vacant sees. Carloman replied to this proceeding by a simple repeti- tion of his appointments, including the papal appoint- ment of Boniface himself as archbishop. Charlemagne unhesitatingly followed on the same path. Under Louis the Pious (817), the right of free election is recognized for the first time. But now the chapters have taken the place of the parochial clergy, while the congregation as the highest depositary of the rights of the Church has disappeared altogether. It must have been easy for Boniface to prove that the claims of the sovereigns THE CONGREGATION SET ASIDE. 77 were a usurpation, and to exBibit the acts of violence which occurred in the enforcement of these claims, as a great wrong. But he did not regard them as a wrong done to the congregation, that is, to the Christian people, but as a wrong to the Church, that is, to the ruling priesthood. This priesthood, however, culminates in the Metropolitan ; but disputes in tliis sphere must be ultimately decided by the successor of St. Peter, the Bishop of Eome, from whom he holds his archbishopric in a foreign country as a fief. Whenever in matters of opinion and religious belief one despotism is ranged against another, the spiritual despotism is certain to maintain a superiority over its secular rival, at least among all noble nations. The secular government appears overbearing enough without this combination ; and always, in contrast to the hie- rarchy, assumes more or less the character of brute force. The Christian people, as Sterne said in one of his sermons, is the true Issachar bowed between two burdens, and it is too sorely oppressed when all the weight is laid on one side. This natural popular in- stinct showed itself here as usual. Boniface succeeding in constitutiQg the clerical synods, the bishops and metro- politan, and therefore in the last resort, the Pope, as the heirs of the liberties of the Christian congregation, in the stead of Pepin and the other sovereigns, who found themselves in possession of these liberties, or were seeking to appropriate them. But under this system, too, the Christian nation, as the episcopal flock, re- mained shorn of its rights; nay, the great Christian congregation, the State, was stripped of its power, and at last of its rights, toward the hierarchy. Naturally the position of the parochial clergy became much less free under the episcopal rule, but the freedom of the 78 'SIGNS OF THE TIMES. spiritual element was asserted against the secular power, ^which was at that time no less rapacious than barbarous. This seems to us the true import for the world's his- tory of the work of Boniface. In his fundamental hie- rarchical principle lie all the Decretals, and all the forgeries and corruptions of the law of the Western Church which are ibound up therewith. From this first principle sprang all the struggles of the Popes with the Emperors concerning the rights of investiture, induction, and confirmation; and, lastly, the pretensions of the bishops to a canon law, which negatives the State no less than the congregation. Professor Leo, as we have already hinted, says that Boniface begot the German nation, and that his grave should be more sacred to us than the graves of the patriarchs to the IsrSCelites.* The same gifted writer also informs us, "that the Carlovingians, by the mode of their accession to the throne, submitted themselves even as monarchs to the moral law of the Christian Church," and that " this accession assumed as its funda- mental principle, that we must obey God rather than man;" wherefore Professor Leo is very zealous against those "narrow-minded Protestant theologians" who strive to exculpate Boniface from intrigues connected with this, "the weightiest political act of his day." "They forget," he says, "that at the name of Jesus every knee should bow, and regard the servant's form, not as one of humiliation, but of glory."f Thus teaches this enlightened politician and professor of history in a Protestant university, principally frequented by future Protestant theologians. Much as we rejoice in such perfect freedom of instruction, we can as little coincide * Vorlesungen iiber die deutsche Gesohichte, i. 488. t Ibid. s. 481. Compare note on 474. RISE OP THE HIERA.ECHT. 79 with Professor Leo. The congregation can no more die out than the moral order of the universe, or historical truth — ^than common sense and conscience. It was not merely a contest between Prince and Pope, which Boniface conducted to a conclusion favorable to the hierarchy. It was the coat of Christ over which the mighty ones of the earth were disputing, and which they at last parted among themselves. The contest con- cerning the nomination and investiture of bishops be-s came a contest for scepter and tiara, carried on between the absolute imperial and the absolute papal power. The possessors of the kingly authority among the Ger- mans conceived (as Eettberg very justly expresses it),* the position of the bishops as analogous to that of their feudal followers. In France, in the time ■ of Boniface, the Franks recognized in tiieir relations with Rome those rights which had been accorded to the Pope in this great dispute in Christendom, by the decisions of Sardis, and certain imperial decrees of the last days of the empire; rigfits which even a Gregory the Great only claimed over his own patriarchate — ^thus, for in- stance, not dver Milan. These privileges consist in the right of watching over the laws of the universal church, and of ultimate decision in case of appeal to these laws by the metropolitans on disputed points. Gregory's predecessor, Pelagius, did not refuse to furnish King Childebert, on the demand of the latter, with proof of his orthodoxy and his adhesion to the council of Chal- cedon. Pelagius submitted to do so; for Childebert, though not his own sovereign, was a great King ; and he did it because, as he says, "Holy Scripture com- mands us to be subject to kings." Beyond these limits no historical trace can be found of interference on the ♦ Eettberg Geschichte ii.- 583, etc. Gieseler, i. 2, p. 196. 80 SIGNS OF THE TIMES. part of Rome. None of the apostles to the Allemannen — Fridolin, Columhan, and Gallus — ^provided themselves' in their missionary work with powers from Rome ; nor did Emmeran, the apostle of Bavaria. The story that Kilian, the apostle of Thnringia, sought a commission from Rome, is an evident fabrication. It was the Anglo- Saxon converters, Wilhbord and Boniface, who, in the first half of the eighth century, caused themselves to be furnished by Rome with apostolic authority ; and Boni- face was the first to swear the oath of fealty to the Pope, which was taken by the suffragan bishops of the Roman Church. But even Boniface never- dreamed of thereby weakening or setting aside the metropolitan authority ; as is proved by the remarkable trait in his life already mentioned. But with regard to ecclesiastical legislation, the Kings of France assumed to themselves the ancient rights of the Christian congregation as opposed to the purely episcopal synods, and this evidently with the approba- tion of the Frankish nobles and the. people."* The first great Austrasian Council of 742, the so-called Concilium Germanicum, which established the episco- pal authority in the position awarded to it by modem canon law, was not an episcopal synod, but a half-yearly assembly of the empire, convened by the King — a coun- cil of the magnates and opiimates, among whom the bishops were included. Here the propositions of the bishops were heard, accepted with amendments, and published by the King as royal decrees or imperial ordinances. The episcopal nominations of Boniface are not mentioned at all ; Carloman undertakes the appoint- ments as though nothing had been done. So, likewise, the new regulations concerning ecclesiastical discipline -* Rettberg, i. 352, etc. THE PRANKS AND THE CHtJECH. 81 and marriage, appear in the form of decrees of the State. This proceeding elicits an expression of thank- ful satisfection from Pope Zacharias. The same course is pursued in the three succeeding synods ; — the Lesti- _nian (held in 743 in the Hennegau), the Neustrian (held in Soissons, 744), and the General Council of 745. Pepin followed the example of Carloman. The decisions of the oecumenical councils are recognized, and new ordinances are promulgated by the King, in accordance with the deliberations of the imperial council. Whatever would seem to contradict this, the historical fact of the case has been shown by an unprejudiced criticism to be the misconception, or the forgery and falsification of a later period. The genuineness of the ancient records of these four Frankish councils . has been placed beyond all doubt by the most eminent French and German critics ; and whoever chooses may now read them for himself in the third volume of that truly great, yet melancholy national work, Pertz's Monumenta Germanica. The form of this compact between the bishops and the civil government with re- gard to the relative position of Church and State was, therefore, in no sense, based on the assumption that the episcopate possessed an independence external to and above the State. The State represented the congrega- tion,^ which had been forced into the back-ground by the overweening power of the vassals on the one hand, and the perfectly analogous power of the episcopate on the other. It was still Franks who deliberated, and the Frankish King who determined and proclaimed what should be the law of the land, after a Catholic Chris- tianity had penetrated the national life. The form was rude, like the age ; but it was the right form with re- 4* 82 SIGNS OF THE TIMES. gard to the relation of the State to the hierarchy. Considered from the widest historical point of view, it answers to the position assumied in ecclesiastical affairs, under a freer and somewhat different development of both the Church and State- elements, by the English Parliament of the seventeenth century. But the direct historical development of this form is the Gallican Church, not only as established by the declaration of the French clergy in 1682, but rather such as Napo- leon would have made it, when, by the organic articles of the Concordat of 1801, he began to bring it into harmony with the altered relations of the world.* Had the course of the world's history fallen out otherwise, the Concordat of Fontainebleau would have completed * As the terms of this Concordat may not be immediately present to the minds of my readers, it may be as well to recall its principal provisions. I recapitulate them as given in Bauer's Weltgeschichte. " This Concordat, gigned by the Pope on the 18th August, 1801, re-established the observance of Sunday, and restored the old days of the week ; deprived the State of all churches still used for Grovernment purposes, and where none were still standing, obliged the Government to assign some other public building for divine worship. It insures to the Catholic religion the free exercise of its rights, but it is nowhere called the religion of the State — the future head of the State" naight even be of another confession. Protestants have equal rights and privileges with Catholics ; Jews retain the civE rights which were granted to them during the Revolution; all who have purchased Church lands from the State retain undisputed posses- sion of them. The Pirst Consul enters into possession of all the powers and privileges enjoyed by the previous sovereigns of Prance, nominates the Archbishops and Bishops, and receives from them the oath of allegiance ; is further authorized to make any police regulations affecting the Chtiroh which maybe required for the public tranquillity. The Pope confirms the Archbishops and Bishops, and they nominate directly all the parochial clergy, who are confirmed by the Government, and a suitable salary is to be accorded to them," etc.T eh. — 2^. METROPOLITANISM AND PAPACY. gg this work, and restored the metropolitan constitution as it existed in essence in the eighth century under the Franks. But certainly the more ancient form was the more free. The middle ages did not attain, either in civil or ecclesiastical polity, to any stable form of freedom ; the knot was already too " intricate ere the Teutonic races entered on the scene of the world's history. The missionary institutions of the British and Irish monasteries were neither the original type of Christianity, nor one that could become permanent ; the place of the Christian congregation could not be supplied by monks and their bishops ; this form of government fell, like the rule of the Judges in Israel; by its own incapacity. But still less was the congrega- tion duly represented under the sway of the episcopacy or metropolitanism of the middle ages. The knot remained unloosed, or was cut asunder by despotism. Even if the Reformers had not opened a new sphere to the development of the European mind, yet the progress of culture and the social relations of the age were grad- ually pressing on toward another attempt, no longer to solve, but to compromise the difficulty. The question was, .to what point of the yet unconcluded course of development should a return be made. The Galilean and Napoleonic view of the relation between the epis- copal authority and that of the metropolitan, and be- tween the latter and the. Papal power, has gained a complete victory over the opposing Ultramontane view in the field of historical jurisprudence — that is to say, among the students of history, and a certain portion, now but a small one, of the clergy of Prance and South Germany. But the question of the juridical right no longer lives in the remembrance of the French nation ; and with regard to the position of the reigning dynasty. 84 SIGNS OF THE TIMES. it is still an undecided point whether the present Em- peror will be able to maintain the Napoleonic constitu- tion or not. "Will it be a reason for or agaiast its maintenance that the constitution of Joseph II. has just been relinquished by the Imperial House of Austria, after a tenacious resistance ? We may probably live to see this question answered. Conceived in its highest form, this struggle resolves itself into a question of dictatorship. The dictatorship of the State has for its object the protection of the laity, as subjects, against the clergy, and of the pa- rochial clergy against the episcopate, whose power over the pastorate is unlimited, according to the French code, in France and on the left bank of the Rhine, and now, according to the new canon law, in Austria also. For, historically considered, the rights of the congre- gation were no more derived legally from the authority of the State, than were the rights of the bishops them- selves. Let us once more look at the facts. The legis- lative power belonged to the congregation, as well as the right of electing bishops ; the executive government to the council of elders, and already, in very early times, to the bishops, as the head of the presbytery. Such is the origin and position of free episcopacy. Under this state of things, the congregation possessed the highest voice in legislation — that is, nothing could be decided without its participation ; and in the election of bishops, the congregation acted beside and with the parochial clergy. As the nations became Christian, and the congrega- tions, therefore, were bound up into a Christian state, the power of the Crown meanwhile developing and strengthening, the civil government gradually assumed the position of a national dictatorship toward the Rom- CHURCH AND STATE. 35 ish clergy and the Pope. Diets, in which the bishops took part, passed resolutions even on the affairs of the clergy; and made general regulations, with regard to marriage, education, and similar matters, which would formerly have fallen within the sphere of each separate congregation. Thus prince and bishop, and, at the head of all. Pope and Emperor, parted between them the heritage of the congregation. The congregation, meanwhile, gradually ceased to be the independent depositary of faith and Christianity, as also of the rights of Christians. As the Reformation was the parent of the independent Christian state, so that civil absolutism which culmin- ated in Philip II. and Louis XIV., sought to place the national element on a level with the canonical, as pos- sessed of equal authority. In all collisions with the Church on the rights of property, or in the domain of law in general, the decree of the sovereign now appeared as the highest sj^bol of the nation. Thus arose the disputes between Church and State, in the modem sense of- the term. They were disputes, not merely about the filling up of certain clerical ap- pointments, but about these three great points — ^mar- riage, education, and the management of Church prop- erty. Eor a time the sovereigns believed that they could put an end to these contests by means of so-called Con- cordats, or treaties with Rome; but so many insur- mountable points of disunion presented themselves, that it always, became necessary, in order that -the sovereign should be ruler of his own country, either to break the' Concordat, or to take the more honorable course of Joseph n. and Napoleon the Great, and establish as the law of the land, by means of organic articles and civil 86' SIGNS OF THE TIMES. legislation, those indispensable arrangements which it was impossible to obtain from Rome. If, then, we look back over the whole course of devel- opment through these eleven hundred years, up to its present point in our own day, the final result is, that if the middle ages failed to find any means of reconciling these opposing powers, royal or imperial absolutism has been equally unsuccessful. Despotism against despot- ism, the secular power will always have the worst of it ; and, regarded simply as a contest between these two powers, it is just and right that it should be so. Once for p.11, the eternal laws of Providence forbid us to gather grapes off thistles, or the fruits of freedom from the tree of despotism ; though such a harvest is not only believed in nowadays by many governments, but- even sought, in their despondency, by many nations. But the tide is turning : the deeper stirrings of the moral and religious consciousness are making themselves felt in the hearts of individuals and of nations ; and the sup- pression of the laity as the congregation, begins to be productive of as much uneasiness as the suppression of the rights of the metropolitans. But we will say more on this point hereafter, and from a freer point of view. For the present our near- est duty is to look more closely into the three great points of dispute already indicated. We will, however, first await the conclusion of the week's festival, and the issue of the processions and assemblies connected with it in Mayence, which will last up to the 21st of this month. Meanwhile, farewell ! LETTER IV. THE SEKMON OF THE TIARA BY THE BISHOP OF STRAS- BURG, AND THE MANIFESTO OF THE ASSEMBLY OF GERMAN BISHOPS AT WURZBURG, IN THE AUTUMN OF 1848. Charlottenbbeg, Jvine 24th, 1855. The Feast of St. John the Baptist. My Honored Friend : The great festiyal has passed away, and its train of ceremonies has ended in processions and sermons. In spite of the jubilee indulgences connected with it, not a trace of sympathy on the part of the German people can be discovered, not even among the inhabitants of Fulda or Mayence. The Protestant festival on the Sunday does not even seem to have inspired one sermon of any importance. No news from Sebastopol, only fi-om Han- over. So much the more can we now afford to smile at much that has been cried aloud in our ears from their sanctu- aries by the enthusiastic coryphoai of this party, or that is announced or betrayed to us in the public prints. But it is worth while to draw the attention of the politi- cal and philosophic spectator, and of the reflecting lover of his country, whether Catholic or Protestant, to some things which have been said by the opposite side, espe- cially toward the close of the festival. I know not, nor is it of much importance, whether 88 SIGNS OF THE TIMES. Dr. Rasz, the Bishop of Strasburg, himself of German descent, was one of those prelates to whom M. von Dal- wigk, the minister of the Grand Duke of Hesse, gave a great banquet last week in the name of his Protestant sovereign ; on which occasion, though himself a Protest- ant, he thought proper to say so many kind and approv- ing things to his eminent ecclesiastical guests, about the enlightened sentiments they had manifested. In short, as we are informed by the newspapers, the Bishop of Strasburg preached on the 21st instant, in the cathedral of Mayence, when he took the opportunity of eulogizing to the utmost of his power the hero of the day, and the master of St. Boniface and himself — the Pope. All this is quite in order. But of the conclu- sion of his sermon we have the following account in the letter of the Mayence correspondent of the Neue Preus- sische Zeitung : " At the conclusion of hia discourse, the Bishop of Strasburg invited the faithful to' show their gratitude to St. Boniface, by praying for the speedy conversion of England to the True Faith and the Chair of St. Peter, for she had been drinking for three hundred years from a fountain whose waters are not those of Eternal Life. The orator then addressed an apostrophe to the Queen of England herself, solemnly adjuring her to restore the tiara, which was unjustly placed on her head, to its rightful pos- sessor, the Pope of Rome." The Bishop of Strasburg is unable to see any thing in the whole dispute but Pope and Emperor. The Queen of England exercises certain privileges to which the Pope, lays claim; let her reluiquish them to the Pope. Then the dispute would be settled, the distinc- tions of confessions would be at an end, and with them the misery of the world. Nothiag is said of Germany ; we do not know, therefore, whether he has given us up, THE QUEEN AND THE TIARA. 89 like the Bishop of Mayence, or thinks himself sure of us, Uke Le Maistre. In short, it is a question of Pope and Anti-Pope. As for the people and history, too many since 1851 have left them altogether out of the question. The con- sciences of iadividuals, and the rights of Christian con- gregations, are of as little account with them, and with this Bishop, as the -defunct liberties of the Galilean Church. This is characteristic. Equally so is the ig- norant or' consciously false representation" of the real matter of fact. Queen Victoria exercises the prerogative of appointing bishops under the form of a pro formd election, after privately consulting the archbishop, who would assuredly as little draw down on himself the ter- rors of a prcBmunire by the use of his veto, as would the chapter by any well founded refusal. Charles Mar- tel and Pepin exercised the same right without any election, as heirs of the Christian congregation — ^there- fore the exercise of such a prerogative involves no in- fringement of the papal rights. The Queen, however," can afiSrm no new dogma, and has no power of excom- munication. It is true that in conjunction with her Parliament (in which the clergy is represented by the bishops) she makes laws on ecclesiastical matters, as was done by those Frankish Kings, without parliament or public opiaion. But whatever she does is done by virtue of the constitutional rights of the Crown ; while the Catholic dynasties have always done the same, when in their power, without constitution. Therefore she has no tiara, and consequently can not restore any to the Pope. But, as we have already said, even in reference to St. Boniface, this expression of our Lord Bishop is not in harmony with history and feet. What the panegyrist of Boniface calls the rights 90 SIGNS OF THE TIMES. of the tiara were unknown to Boniface himself, except in so far as he combated them. But in zeal is truth ; and in every enthusiasm some truth is revealed. Since this declaration has not been disowned, let us examine it, as a test of the views taken by the hierarchical party of the affairs of the world, and as a standard of episcopal acquaintance with history. The spirit which is revealed in it is, indeed, not that of the Gospel. Rather does it bear a strong resem- blance to that spirit of religious hatred which has so long drenched Europe in blood; that spirit of perse- cution which these claims to absolute power necessarily bring with them, and whose latest fruits we shall soon have to contemplate. Nor is it the spirit of the great forerunner of Christ, whose memory is celebrated to-day by Christendom. In the midst of very evil and truly d^perate times, John the Baptist did not look for the salvation of the people of God and of mankind in a general recognition of the authority of the high priest, whose emissaries and adherents, the priests and Levites, stood before him. Here is his short sermon to the assembled multitude : " generation of vipers, who hatii warned you to flee from the wrath to come ? Bring forth, therefore, fruits worthy of re- pentance, and begin not to say within yourselves, We have Abraham to our father ; for I say imto you, that God is able of these stones to raise up children unto Abraham. And now also the ax is laid unto the root of the trees : every tree, therefore, which bringeth not forth good fruit, is hewn down, and cast into the fire." (Luke iii. 7-9.) Let this be our text to-day for a sermon on the tiara, very different from that of the Bishop of Strasburg. Since he exalts the tiara so highly, we will consider CLAIMS OF THR TIARA. Ql more closely its real claims, and, above' all, search into their origin. The insoluble problem of the perplexities in which the State, whether Catholic or Protestant, is involved with the hierarchy, and the irreconcilable discord be- tween them, so long as the hierarchy asserts its absolute rights with respect to the three great comer-stones of the State — marriage, education, and property — rboth lie in the peculiar nature of the law of the Western clergy. Hardly had the metropolitan system of Boniface su- perseded the ancient rights of the Christian congrega- tion, when, as is well known, the State, under the weak and Superstitious son of Charlemagne, Louis the Pious, was also brought to acknowledge the supreme authority of the Church. This was the work of a century. When it was complete, toward the middle of the ninth century, the Roman papacy, now constituted the sole heir both of the Roman empire and the rights and liber- ties of the Christian Church, looked around for a legal basis for its position. As no such basis could be found iu the canonical codes and decretals already existing, it accepted one invented for the purpose. The absurd in- vention of the bestowal of Rome by Constantine on Syl- vester, dates from the age of St. Boniface, or a little earlier, and is of papal origin. It still commanded uni- versal belief when, six centuries later, Laurentius Valla made the first historical use of that application of the conscience to ancient records which is now called criti- cism. Its object was very simple, namely, to give the Pope a right of property in Rome. More difiicult was it to find a legal foundation for the universal sovereign- ly, which followed the assertion of Rolne's supreme epis- copacy. The foundation of Christianity is a purely historical one ; the depositary of right and law within 92 SIGNS OF THE TIMES. her commuDion is the Ecclesia — the congregation pos.- sessing its own members and its own independence. The prescriptions, or canones of ancient Christendom always presume this. Thus, the primitive records were in glaring contradiction with the pretensions of that hierarchy which Boniface and the Carlovingians had naturalized in France and Germany. A new canon law must be iavented. That the Decretals of Isidor were an intentional falsehood and forgery had been already maintained by Luther and Calvin, and waa demonstrated . by the Magdeburg Centuriatores* as completely as the motion of the earth by Galileo, i. e., sufficiently for every one who has an uninjured sense for truth. Nor since the time of Van Espen, have all the arts of the romanticists of canon law availed to raise a doubt on the point, even in Germany It is curious enough, that the Archbishopric of May- ence was more particularly implicated in* this forgery. It was a successor of Boniface, Otgar, who fabricated these Decretals, some eighty years after the death of Boniface X^-hout 833), and then caused them to be mingled with certain falsified capitularies by Benedictus Levita. Here, then, we find that archbishopric appear- ing as the parent of a lie, which, according to the oracle. of the professor of Halle, is so blessed with hereditary * The authors of the Magdehurg Church History, written by Flavius and his friends, about the middle of the sixteenth century, to prove the right and necessity of the Eeformation from the his- tory of the Church. Every century was treated in a separate vol- ume by one of this band of authors, and hence their name of Centuriatores. The work was brought down to the end of the thirteenth century. It had a powerful effect on the age when it was published and, called forth the celebrated answer of BaroniuB, who endeavored to make the same tract of history prove the justice of the claims of the Romish Church. — ?5*. THE FORGED DEOEBTALS. 93 wisdom, that, up to the close of the Holy Roman Empiye, we see its Electors as imjSerial chancellors, distinguished for the wise counsels by which they ren- der Germany happy, and lead the empire to its glorious termination. There is as little truth in the idea, to which some celebrated Catholic scholars of our own. time have endeav- ored to give plausibility, that this most colossal of all historical deceptions (for the forgeries of the Mormons give themselves out for romances) has its basis in ancient canon law ; as it is impossible to maintain; either that the collection grew up of itself out of the unsuspicious faith of the people (according to the well-known assump- tions of the romantic school of a popular creative poetic- al genius, and of a generatio equivoca in history), or that these Decretals arose from the corruption of really ancient and genuine traditions. It seems to me most humiliating to the German mind and German science, that grave inquirers into history should think such sub- terfuges necessary to protect their works from inclusion in the Index Exjpurgatorius, or from the censure of ignorant French bishops and crafty Jesuit chaplains. Doubtless, the condition of the times, and the state of many perplexed minds, may have suggested the funda- mental idea ; but this only explains the success of the deception, it does not prove the innocence of its birth. This lie rather sprang into existence, like Minerva from the head of Jupiter, consciously and full-grown from the head of the hierarchy, and has spread out its branches * from Mayence over all Western Christendom, like a mighty upas-tree. The proper poetry of absolutism and superstition is that impious thing, a pious fraud. How early, and in what place, the consciousness of fraud passed into credulous delusion; and which did most, 94 SIGNS OF THE TIMES. Eome or Mayence, to produce or diffuse the forgery is a point we will leave undecided. But one portion of the deceit at least rests on Mayence; and the whole deception could not be unknown to Rome when it was accepted there. Boniface had the collection of Decretals by Dionysius in his hands, and no other. Every bishop in the Frankish empire knew what capitularia had been published ; none better than the ArcEbishop of Mayence and his canons, officials who appear at a very early date in connection with that see, and from whom our cathedral chapters are descended. In that city, therefore, it was easier to deceive, and more difficult to be deceived, than anywhere else, Rome excepted. Every new step in research confirms the justice of the historical views of the Reformers in this field, no less than others, of ancient Church history. They saw, in a general and comprehensive manner, what was genuine and what was spurious, and their successors completed the work of proof; while their opponents defended every thing spurious with the acuteness of self-interested par- tisans. The latter party, beaten at all points, now begins to act as though those things had been always believed which have been always contested ; and those matters were of no consequence, for which men have fought as for divine right and sacred truth. But every fresh step in the progress of inquiry renders these eva- sions less tenable. Wasserschleben first disclosed the beginning of the fraud, or at least brought us on to the right track. Since then, the discovery of the great work of Hippolytus of Portus, has led to the restoration of the primitive text of the so-called Canones Apostolicse, which still form the precious foundation of the canon law both of the Eastern and the Western clergy, and has rendered possible the restoration -of the primitive THE FOEGBD DECRETAXS. 95 records of the Churches of Antioch and Alexandria, the most learned and illustrious Churches of the first three centuries. Here I can but indicate the indisputable results attained by a course of investigation which I have pursued elsewhere.* According to these researches we find that our present collection of primitive regula- tions, manners and customs of the apostolic community, comprised in eight books, to which the name of the Apostles is prefixed, is but a feeble attempt of the Byzantine Church to legalize the authority of the bishops aiid metrepolitans ; as the Roman Church, four hundred years later legalized the supremacy of the Papal power. Those simple regulations and customs of the principal churches which could not be traced to the decisions oi individual bishops or congregations, were collected as early as the second century, and ranked as apostolic. In the fourth and fifth centuries, this collection was transformed by interpolations and corruptions into a title-deed of the episcopal hierarchy. But the Decretals accomplished the same purpose for the West on a much grander scale, and in the true old Roman manner : in place of theological maxims and pious exhortations, they took a purely juridical form as a code to guide judicial decisions. The earlier literary fraud proceeded from the same school, if not from the same man, to whom we owe the corruption of the Ignatian Epistles. The fraud of the "Western Church was the conscious work of St. Booiface's archbishopric, pre-eminent for hereditary wisdom ; invented for the benefit of Rome, it was cer- tain, in any case, to be accredited by Rome. Torgive me, dear friend, this apparently learned di- gression. The question is by no means one of merely * Hippolytus and his Times. Vol, iv., 1852. Oomp. Ay Analecta Ante-Nicsena, vol. ii., Keliquise Canonicse. Lond. 1854. 96 SIGNS OF THE TIMES. historical significance, but is of the greatest import for our own days. For it is the code of the Decretals to which the eulogists and successors of St. Boniface now appeal, as establishing the divine rights of the episcopate. Taking, then, the widest historical survey, what do we see to be the characteristic feature of this new-made system of Decretal law? That it pretends to uncon- ditional authority over the individual, as well as over the congregation and State. This episcopal authority (which, in the last resort, becomes papal) is truly des- potic, not only in relation to the parochial ciergy, but also in relation to the laity and the State itself, and betrays an aspiration to universal empire. Originally intended only for the discipline and guidance of the clergy, the canon law has gradually becoine the su- preme code of an ecclesiastical corporation, governing with absolute power, and itself directed by an absolute head, the Pope. And it is not by the Canones Apos- tolicse, but by this code, that the hierarchy governs — a code which not only leaves the laity wholly destitute of rights toward the Church, but even places the State in the same position wherever the two bodies come into collision. Now the laity is neither more nor less than the whole Christian people organized into a congrega- tion — ^the State is the Christian magistracy and govern- ment; the points of contact between "the clergy and the individual, or the State, may be summed up in those three institutions which lie at the foundation of all human society — marriage, education, and property; without the control of which the modern State would be but an institution of police, with barracks, shops, and public-houses, or, at the best, museums and picture- galleries — a level to which here and there a State has really sunk, or is sinking. MODERN CLAIMS OP THE CANON LAW. 97 But the final utterance of that fraud, and' of the wLole system of law grounded on it, is precisely what tlie Bishop of Strasburg says, according to the public prints, in his sermon on the tiara. You are acquainted, my honored friend, with those presumptuous and omin- ous words, to which I have more than once listened my- self — I mean the words with which the Dean of the College of Cardinals places the tiara on the Pope's head : " Take the triple crown, and know that thou art King of kings, and Lord of lords, and the Vicegerent of our Lord Jesus Christ on earth !" No pretension was ever put forth in a more naked and unconditional, not to say horrible and blasphemous form. The power of such pretensions over the minds of men and of nations lies in this — that what is there said is as true of humanity, and of every organized Christian congregation or ecclesia (if we remember only that what is divine can alone be rightfully absolute or unconditioned) as it is false of the Pope, or of any other person who would set himself in the place of the congre- gation, or of believing humanity, that he may bring the latter, which is God's own free child, into slavery. • Is not this, indeed, a truly apocalyptic transforma^ tion ? What was once laid down for itself as an internal rule of conscience by the free Christian congregation with its elders and bishop, while as yet unconnected with the State — what had the force within the congre- gation itself of a free law, of which conscience was the sanction, is now wielded, according to this code, in their own behalf as the " Church," and against the Christian people and its government (therefore against the whole civilized world) by the clergy, organized into a hierar- chy; and, forsooth, as a divine right, which it would be godless to disobey. The individual is created to 5 '98 SiaNS OF THE TIMES. obey this law at the peril of his eternal salvation ; the State is bound to carry it into execution at the peril of its peace — ^nay, of its existence. The secular arm is summoned to act as the servant of the clergy ; should it exert its own rights and those of the people, even for purely Church objects, the thunderbolt of excommuni- cation is ready to paralyze it — ^that is, if there is the least hope that the bolt will kindle a flame among the people. A helping hand to the conflagration is never wanting. Contemplating the present social position of the world, one should imagine that every thoughtful and well-intentioned person must feel the complete abolition of the claims of such a code, resting, as it does, on forg- eries, and a base and self-interested deception, to be the greatest boon to all classes ; and that the clergy, at least, must regard it as most desirable for themselves that the State should set bounds in practice to such pre- tensions. And this was, in fact, the prevalent view, during the last two and the ea-rly part of the present century, among the most pious and enlightened, as well as truly patriotic bishops and other ecclesiastics of the Roman Catholic Church. But such moderate men, where they have not allowed themselves to be "con- verted," or driven by the coarse domiaation of the bureaucracy into that re-actionary infection from which no priest is safe, are now called infidel and servile. The same party that despises Sailer as a sentimental weak- ling, pours contempt not only on Febronius,* but even * Frebonius's real name was Ton Hontheim ; he was Suffragan Bishop of Trfeves, and wrote (about 1770) a defense of the liber- ties of the German Church agiainst the absolute claims of Eome, on behalf of the three spiritual electors of Mayence, Cologne, and Treves. ' "- BISHOP KETTBLBB'S TEACT. 99 on Wessenberg,* as ignorant, deluded men, traitors to their order, and slaves to princes. However, to the real advantage of that hierarchy, the legal limitations of its authority, so widely desired, were introduced into all Catholic States, or remained untouched where they al- ready existed, up to the year 1850. But this view is far from being shared by that gifted and eloquent prelate who invites his faithful flock to celebrate the Feast of St. Boniface, and admonishes us meanwhile to do penance for the murder of the Mes- siah — ^that is, of the very hierarchy which is giving at this moment such characteristic and vigorous signs of life. As before, we will let the Bishop speak for himself. Bishop Ketteler gives us, in his tract of last year, en- titled "The Eights of the Catholic Church in Germany, and their sanction; With particular reference to the demands of the Episcopate of the Upper Rhine, and the present ecclesiastical conflict," the following in- formation concerning the claims of the bishops upon the State : " Al the demands of the bishops may be reduced to four. "First, they demand the right of educating their priests, and placing them, without interference; and of exercising ecclesiastical discipline over the priests and the laity. "Secondly, of possessing .and founding Catholic schools. " ThiriUy, of directing the religious hfe ; that is, of founding and possessing the institutions and corporations which minister to the nourishment of that life. * Wessenberg, a, very learned, pious, and highly gifted man, is still living : at ike beginning of this century he was Adminis- trator and Suffi-agan Bishop of Constance, where he introduced many reforms, which were all condemned by the Pope in 1816. He wrote a history of the Council of Basle, in seven, volumes. 100 SIGNS OP THE TIMES. " Fourthly, of the entire management of the revenues belong- ing to the Catholic Church, and expressly guarantied by the peace of Westphalia, and the Final Resolution of the Committee of the Diet in 1801." (p. 40.) These four points are concise and pregnant, and are laid down quite tranquilly without any preface. They almost remind one of the customary phrase of the Janissaries, when they took a Christian by the hair to cut his head ofiF, " Hold still ! it won't hurt." Innocent as they look, they are very weighty, and cut very deeply into the life of- the people and of the State. In order to- estimate the whole range of their meaning, and. to keep at the same time on the ground of fact and the present time, let us first seek the explanation of these points in the fuller manifesto published by the assembly of German Cardinals, Bishops, Apostolic Vicars, and their repre- sentatives, which was held in Wkrzburg in the autumn of the fateful year 1848. The short statement of the Bishop of Mayence in 1855, so innocently put forth, and so tranquilizing in sound, evidently rests on this document, which has not yet, it appears to me, met with the attention it deserves. It has been repeated in es- sence by the Bishops of Bavaria and Austria,' and has a significance far transcending the boundaries of Germany. In the first of these manifestoes Bishop Ketteler's pre- decessor took part, and he himself is one of the most distinguished and active men among the Bishops of Ger- many who were there represented. This remarkable "Preliminary Council of the Catho- lic Church in Germany" consisted of a Cardinal-Arch- bishop of Cologne, five Archbishops, and eighteen Bishops. The six Archbishops are those of- — Salzburg and Olmiitz, in Austria ; Bamberg and Munich-Freising, in Bavaria ; EPISCOPAL DEMANDS. .JQl Freiburg, in the Grand Duchy of Baden ; Cologne, in Prussia. The following eighteen Bishops signed the manifesto, either personally, or by their accredited clerical repre- sentatives : The Bishop of Brixen, ia Austria ; Those of Augsburg, Passau, Wiirzburg, Ratisbon, Speier, and Eichstatt, in Bavaria ; Culm, Ermland, Breslau, Paderborn, Munster, and Treves, in Prussia ; Hildesheim and Osnabriick, in Hanover ; Eottenburg, in Wurtemberg ; Limburg, in Nassau and Frankfort ; Mayence, for Darmstadt ; to whom may be added the "Apostolic Vicar in the kingdom of Saxony, the Bishop of Corycus," who is the successor of the man who presumed to take the title of Bishop of Meissen. ^ The manifesto of these Bishops, which bears the title of a "Memorial," is published on St. Martin's Day, the 11th of November, and addressed to governments and peoples ; the general address to the clergy and the pastoral letter appeared on the same date, and with the same signatures. At that time two great rights had been proclaimed throughout Germany, namely — -freedom of association, and the right of every religious body to regulate its own affairs without external interference. These the Bishops now claim for their own benefit, and declare that they will suffer the generally demanded separation of Church and State to take place, without either wishing or fearing it. Meanwhile they make the following reserves and declarations : 102 ' SIGNS OF THE TIMES. " 1. The Concordats offer many restraints to the life of the Church ; the bishops demand their alteration by the State in such a way as to give liberty to the Church. " 2. AH limitation of the episcogal authority not already stip- ulated in the Concordats, they once for all refuse to admit. " 3. They claim the divine right of the instruction and educa- tion of mankind, in which sph^e the Church has,- in all ages, brought to pass ike most glorious results." The last point is literally, expounded as follows : , " This right over mankind the Church can never renounce, without renounciug her very nature ; and it is the natural and necessary consequence of this right that she should be free to choose and determine all the means requisite for carrying it into execution, such as the individuals and corporations appointed to the task of education and instruction, as well as the school-books to be used ; that, in particular, she should be wholly and entirely uncontrolled in the process of training, and the point at which she pronounces her laborers and emissaries ripe for her great work of education, as also in their employment, superintendence, correction, and, if necessary, removal; also, that it must rest with the Church to decide what bodies and corporations are to be preserved or founded for this end, and what' are no longer usefiil or admissible, if she is to be placed in the full enjoyment of the liberties which belong to her as the guardian of morals, which have their root in the faith, and are the guaranties of all pubHc law and order." The exercise of these liberties is more nearly defined as follows : " nhUmited freedom m the matter and made of instriuMon, with the power to found and superintend her own institutions for in- struction and education, are claimed, in the widest sense the terms convey, by the Church, as the indispensable means without which she can not be in a position to fulfil her divine mission truly, and in its ful extent ; and she must regard every measure tending to limit her sphere of action in this field as incompatible with the just claims of the Catholics of the German nation." Here, my honored, friend, two things are to be remarked : first, that nothing can satisfy the episcopate EPISCOPAL DEMANDS. 103 but unlimited freedom of instruction and the establish- ment of its own educational institutions. The Bishops would therefore put their unlimited rights in force even in the public schools] and naturally (as we shall pres-~ ently find them expressly stating) lay claim to the support of the State for this purpose. They have un- limited rights ; all others, nay, the State itself, have in this matter only unconditional duties. They demand unlimited freedom to arrange affiiirs ia accordance with their own code, and make this demand in the name of God and justice. Secondly, every measure not in accordance with this view (and up to the present time no national law in the world, not even that of the United States, does accord with it) is a violation of the rights of the nation, in so far as it is Catholic. At the present time, all those States which do not exclude religious instruction from their public institu- tions, grant to the bishops, in schools of mixed denomin- ations, those liberties w;hich the bishops have never granted where they have been the masters, or suffered others to grant where their influence has been predom- inant. Historically viewed, these claims are the claims of an ecclesiastical corporation. This party calls them the claims of the Church, and represents its cause to be that of the Catholic people. It is thus represented also by the bishops assembled in Wiirzburg. But at this very time, and in the German people itself, condemned by this constitution to be but the passive member of the Church corporation, many truly popular and unmis- takable voices were raised against such an identification of its rights with the pretensions of the episcopate. In passing from the discussion of the general schools 104 SIGNS OP THE TIMES. to those institutions already existing, or to be hereaftar established, for the education and training of the clergy, the assembled Bishops start by demanding the unlimited right, not only of uncontrolled superintendence ovct both these classes of institutions, but also of ntanaging the funds belonging to them. They must and will possess this right in virtue of their divine mission. They already enjoy it, as is well known, in all German States where there are episcopal seminaries of the Catholic Church, particularly in Prussia and Baden. But the manifesto aims at absolute unconditional power, as all so-called divine rights do. It says : " The Bishops declare that the participation of the State in the; preliminary examination of those destined for the clerical state, before their reception into the seminaries, as also its participation in the competitive examination for appointment to parishes, in- volves a fundamental limitation of the liberties of the Chm-ch, and an infringement of the rights of the bishop." Hitherto in Germany it is only in. exceptional cases (not in Prussia for instance) that the State has claimed a participation in the examinations prescribed for those who are candidates for parochial cures. But in all cases the bishops are free to give or withhold the ordin- ation of priests, as they think right, after having trained their pupils by teachers of their own appointment, and under their own exclusive superintendence. We shall return to this point when considering the Church dis- putes in Baden. But this is not the chief point. Shall the bishops be able to receive into their semidaries mere boys, wholly ignorant persons, and foreigners, or shall they be obliged to receive only such as have been already educated at the gymnasia and universities? Yes, my friend, the object is to set aside the universities and gymnasia; supplying the place of the former by the THE BISHOPS AND EDUOATIOK 105 episcopal seminaries, and the latter by the so-called minor or boy's seminaries, which shall furnish a supply of ready prepared pupils to the superior institution.* As long as gymnasia and universities exist, it is clear that the State can not suffer itself to be deprived of the right of deciding on the proficiency requisite for those who' enter them, without surrenderiag its very being, and with it-its duties toward the individual who is born a man and a citizen, and must and will be trained as such. Whoever can give proof that he has acquired this necessary culture in his own country, is at liberty, on attaining his eighteenth or twentieth year, to deter- mine on becoming a priest. Moreover in all gymnasia and lyceums, the Catholic clergy has the free right of religious instruction during the hours set apart for the purpose. Lastly, at those universities which have a Catholic faculty, there are conventual colleges for young men who wish to prepare for the clerical office, where they may reside together under the special superintend- ence of a spiritual director. The demand for a certain amount of liberty in the establishment of private schools, which shall be prepar- atory to the gymnasia, is both general and reasonable, and has been more or less conceded wherever constitu- tions exist— at least since 1840. But whatever liberty may be allowed in the establish- ment of private schools, the State caa never surrender its right and its duty to fix a certain degree of culture * The difference between the regulation of Grermany and Prance (indeed, all the Eomanic nations) in this respect, is moat lucidly exhibited in the historical and juridical analysis of the Baden Church disputes, published last summer by Professor Wamkonig, to which I refer my readers ; also to the well-known works of Dupin and Gaudry, and the Essay by Laboulaye, in Wolowski'g .Toumal. 5* 106 SIGNS OP THE TIMES. which must be attained. Yet, according to the mani- festo, such a participation is as contrary to the divine right of the episcopate, as a State system of education is unknown to the canon law. For the same reason the Government can never suffer the existence of corporations and dorporate rights within the State, except such as are recognized by itself On this pomt, too, the manifesto protests, and once more in the name of liberty ; it says : " The assembled archbishops and bishops demand, on behalf of all ecclesiastical associations of men and women, the same^ de- gree of freedom of association which the constitution of the State grants to all its citizens." This practically means, as is proved by the demands made since 1850, that even when the rest of the citizens enjoy no such freedom of association, the- bishops stiU lay claim to it for themselves, and that without limita- tion. .What is unconditioned in essence, must remain unlimited in practice. All this refers — like Bishop Ketteler's first three J)oints — ^to education. But now the manifesto reaches the subject of his fourth point; — ^practically, the main point — Church property. What is Church property? In whom do the rights of ownership reside ? in whom the power of administration ? The manifesto says. Church property is the property belonging to the found- ations and endowments; the ownership resides alone in the one Catholic Church ; the uncontrolled administra- tion resides with the bishop. Here are the words : " Finally : the Church has a right to demand that the revenues of all Catholic foundations and endowments should enjoy, as her lawfiJly acquired property, held by legal titles, the same pro- tection from all arbitrary encroachments as that of every citizen or civil association; and that she shall be equally free and inde- NATUEE OF CHURCH PROPERTY. 107 pendent in the use and administration of it These revenues, everywhere set apart solely for the objects of the Church, and guarantied by the archives of foundations reaching back, in many cases, for several centuries, are the property of the one Catholic Church corporation, which must be recognized as the sole de- positary of all legal rights with regard to them ; and, if right and •justice are still sacred to the princes and people of Germany, and have not becoine empty words, this property must, under all circumstances, enjoy the same protection as that of every other association, tiie inviolability of which ia secured in aU countries where public and civil order truly exist." The assembled archbishops and bishops omit to pro- duce the proof and legal demonstraition of these rights ; but Bishop Ketteler, in his last controversial tract, en- deavors to supply the deficiency. The famous " Recess" of the old German Empire of 1803, says the Bishop, confers this right on the epis- copate. We might urge the propriety of taking into account the dissolution of the German Empire in 1805 — the rights conferred since then — the constitutions to which baths have been taken — the regulations that have been passed ; but we will rather quote the article adduced by the Bishop himself, from the " Final Reso- lution of the Committee of the Diet." (^ 62) : " Every religion shall bo secured in the possession and undis- turbed enjoyment of its own Church property and educational funds, according to the prescriptions of the Peace of Westphalia." I read nothing here of the divine rights of the epis- copate ; '-every religion" signifies in law every religious association. But the same document does indeed say {^§ 34 and 61) : ''All cathedral chapters shall be incorporated with the de- mesnes of the bishops, and pass with the bishoprics to the princes to whom the latter are assigned; all royalties and capitular estates shall fall to the new sovereign of the country," 108 SIGNS OF THE TIMES. Shall we then call upon the Emperor of Austria for his "intervention" in Baden or Prussia, as is openly done by the " Deutsche Volkshalle,"* which appears in Cologne ? and is kindly proposed in both these countries, as we learn from the newspapers, by certain vagabond . meddlers who have the impudence to give themselves out for Austrian agents ? No, we will leave these birds of ill omen — these apostles of darkness — ^to the universal contempt in which they are held by the people, whether Catholic or Protestant, and the just anger of the gov- ernments. Or, finding this legal basis no longer tenable after the dissolution of the German Empire in 1805, shall we go back to the Peace of Westphalia iu 1648, and, with Bishop Ketteler and the juristical champion of this party. Baron Von Linde, summon the guaranties of that treaty, to adjust our dispute, and thus call both the French and Russians at once into our poor country? No : but we will take good heed to these fearful words. The concluding words of the manifesto • speak, not only of "the full enjoyment of true liberty," but of the German character, " whose loyalty is proverbial.." We leave it to Bishop Ketteler to say, if he would tell us the truth on this point, whether this betrays a change in opinion, or only in the circumstances of the case. Was it thought necessary to be more courteous in 1848 than in 1855 ? or has not the good sense and right feel- ing shown by the Catholic population in the Church dis- * This paper has been supressed, since the date of this letter, by the Prussian G-ovemment, to the sorrow of the really liberal party who desire the freedom of the press, notwithstanding their dislike of the paper itself, which was an Ultramontane organ, mostly carried on and paid for by the Austrian Government, and maintaining a more or less open war with Prussia. — Tr. ULTEAMONTANB PATRIOTISM. 109 putes of the last few years fulfilled the hopes that were placed in the German conscience ? And have the Ger- mans thus first become worthy to be stigmatized as mur- derers of the Messiah, and to be offered up on the grave of St. Boniface by an arrogant priest ? We have al- ready termed the Baden Church difficulties the practical ■ commentary on the manife^o of the bishops ; we must now look more closely into this remarkable occurrence. Let it be the subject of our next letter. lettIer v. THE HISTORY OP THE DISPUTE BETWEEN THE CHURCH AND GOVERNMENT IN BADEN, EROM ITS COM- MENCEMENT IN 1853 UP iro the present time. CHAELOTTBNBEEe, June 25th, 1865. My Dear Friend, No doubt, when reading the manifesto we 'dis- cussed in our last letter, it did not escape you that this document expresses a fixed resolve to seize the earliest opportunity that may arise of carrying into effect the principles there solemnly laid down. Such an Opportunity presented itself in Baden, a country apparently offering peculiar advantages to the attempt. It is a small State that has passed thro'ugh many vicissitudes, and is exposed oh all sides to the action of the conflicting tendencies of the age. Of its nearly a million and a half of inhabitants, not much less than two-thirds (900,000) are Catholics. The larger portion of the territory, the Brisgau, with its capital, Eribourg, was transferred from Austria to Baden only in the year 1804, bringing with it a large accession to the Catholic population-^as had been the case somewhat earlier with the provinces of Spire. The southern ex- tremity of Baden had previously belonged to the Prince- Bishop of Constance. In the beginning of this century, the unwearied exertions and the pious wisdom of Wes- REFORMS IN SOUTH GERMANY. m senberg, one of the most distinguished of German pre- lates, had made this see the focus yfhence an improved education of the clergy, coupled with a ppirit of religious earnestness, had been diffused over the neighboring dis- tricts. Many reforms were introduced ; public worship was held, as far as it was practical, in the German lan- guage ; the clergy openly aspired toward a higher men- tal culture, joining with their intelleotual aspirations a high moral tone, and exerted themselves in a truly pat- riotic and Christian manner for the moral and religious education of the people. On the return of Pius VIII. to Rome, the leaders of this movement, and especially the excellent administrator of the sfee, were exposed to most violent attacks on the part of the Ultramontanists. Since the scheme proposed in Vienna for a CathoUc National Church, in which all the German Bishops should agree upon the attitude they should, in common, assume toward Rome, had found no encouragement at the hands of the Austrian Government, and Prussia likewise showed no interest in the question, the Govern- ments of South Germany united together to enter into a joint convention with Rome, by virtue of which the Upper Rhine should be constituted into an ecclesiastical province, of which the Archbishop of Fribourg should be the metropolitan. The S.tates which composed this Union were Wurtem- berg, represented by the Bishop of Rottenburg; the Electorate of Hesse, by Fulda ; Darmstadt, by May- enoe; Nassau and Frankfort, by Limburg. So early as 1821, their negotiations issued in a convention with Rome, which, in 1827, the Pope announced by a second bull, and . which was published throughout the five States which took part in it, with the necessary regula- tions. But, as usual, the execution of the treaty gave 112 SIGNS OF THE TIMES. rise to protests and collisions. The Governments had published the papal edicts -with the customary reserva- tions, and had regulated the mode in -which they were to be carried out by the ordinance of the 30th of Jan- uary, 1830, in which they exactly copied the example set by Napoleon with regard to the Concordat of 1801. In the course of the same year the Pope entered a pro- test against such an interpretation of his measures, just as his predecessor had protested against the organic ar- ticles of Napoleon. Notwithstanding these difficulties, the newly-formed ecclesiastical province flourished under the protection of the civil constitutions bestowed by the sovereigns of the States composing it, and with the aid of the savings from the ecclesiastical revenues which the Governments conscientiously laid by. The people en- joyed" with gratitude the advantages of the foundations originally made for the public benefit ; and the clergy rose daily in mental culture and in general esteem. The Archbishop lived in peace with the University of Fribourg, between which and the seminaries for the training of priests Joseph II. had established an organic connection, on terms harmonizing with the state of edu- cation and leamiag in Germany. For, as we have said, it is entii-ely opposed to the spirit of the German people, that children and boys, who have no knowledge of them- selves or of human Hfe, should be separated from the world from their earliest years, and set apart to be edu- cated, or rather broken in, for the priesthood. It is true that the boys are not compelled to become priests on leaving the seminaries ; but drilled as they are, what else are they fit for ? Besides, the majority are utterly penniless, and who will give them the means to make up for lost time ? According to German views of hu- man justice and Divino laws, however, these children MEMORIAiJ OF THE BISHOPS. 113 and boys have a double claim to protection against such arbitrary and unnatural treatment : in the first place, as citizens ; and in the second, as men — a still higher claim, because of immediately Divine origin. . With regulations based on these principles, there has been generally no lack of servants of the p,ltar in the Catholic Church, at least before the unfurling of the new Ultramontane banner frightened away the young men. The parochial clergy who proceeded from our great episcopal seminaries were a very different class from those whom we see in France, Italy, Spain, and Portugal ; they counted members from the middle and upper ranks of society, and the Catholic clergy and professors were equal, or not much jpferior, to the Protestant in mental culture and social position. More- over, up to the date of which we are speaking, the Bishops of the Upper Rhine province were, on their side, satisfied with this arrangement, and with the other articles of the convention. When, at a later period, complaints arose of the continually increasing deficiency of candidates for the priesthood, the Government of Baden, at the request of the bishops, consented to mod- ify its regulationsj and even declared itself willing to place at once such Catholic pupils of the lyceums as might express a desire to devote themselves to the cler- ical profession, under episcopal superintendence, and allow them to enter on a secluded life. Then came the year 1848, with its universal commotion, and the bloody insurrection of the republicans in Baden, which raged more especially in the district of Fribourg. In 1851, the third year after the publication of the Wiirzburg manifesto, the five bishops above mentioned handed in to their respective Governments a memorial, ■ in which they petitioned for " the freedom of the 114 SIGNS OF TH^ TIMES. Church," in the sense attached to those terms by the manifesto. The Governments replied by a general order of the first of March, 1853 ; to which each of the Gov- ernments concerned appended some special stipulations affecting their own bishops, by edicts dating from the 2d to the 5th of March, 1853. With this beganthe contest. As a Protestant, I thiiik it best to refrain from giving my own statement of the facts with regard to events which have giverl rise to such hot dispute, and whose issue is not very apparent. But after haviag read- nearly every thing that has been published on both sides about this controversy,* I find nothing that de- serves the name of a concise, connected, juridical treat- ise on the subject, but the luminous and strictly impar- tial narrative given by Professor Warnkonig, one of the ablest Catholic canonists of Germany and of Europe. I therefore proceed, to lay before you an extract from his pamphlet, relating to the first decisive steps taken by the belligerent parties, and their consequences up to the summer of 1854, referring those who may wish to learn M. Warnkonig's views as to the proper merits of the question to Appendix A. Another account, given in Deutsche Vierteljahrschift for 1854, is written with great talent, and goes into full details, but is very one^ sided, and expressly written from a party point of view. * A complete and thorougHy historical review of above thirty publications on this subject, deserving notice, will be found in Schletter's " Jahrbiichem der deutschen Eechtswissenschaft," i. bd., 3 heft (July, 1855), from the hand of Professor Warnkonig. Other facts jnentioned in the text are derived from a very ably written reply to Hirscher's pampUet, entitled, " Zur Orientirung iiber den derzeitigen Erchenstreit," after I Tiad ascertained .the reliableness of this work by'a reference to documentary evidence. Its title is " Das Eeich G-ottes und Staat und Kirche." Jena, 1854. DEMANDS OF THE BISHOPS. ^ 115 DEMANDS OF THE BISHOPS. "The Episcopate demands a radical reform of the existing order of things, and claims the complete restitution of all tiiose rights which it asserts to belong to itself, according to the consti- tntion of the Cathohc Church, the canon law, or the conventions which have been concluded with the Pope. " It demands in particular i " L That the right of collation to all the ecclesiastical benefices, and of nomination to every fimction or employment within the bosom of the Church, should belong to the Bishop ; exeept in those cases where some other person, whether the sovereign or a private individual, has acquired the right of patronage according to the canon law. ' It does not recognize this right as belonging to the sovereign as such, and does not consider the secularization of the property of those rehgious corporations which formerly possessed the right of appouiting to the livings of the incorporated parishes, a title which could give the sovereign the right of pat- ronage. It requires that its own nominations should be valid, without being approved or confirmed by the head of the State, and that the nomination of a pastor by the Bishop should insure his recognition and protection in all the prerogatives appertaining to his charge and his dignity. "11. As a consequence of this principle, that the Bishop alone can confer benefices and ecclesiastical dignities, the Episcopate demands not only that the sovereign should not enjoy the right of examining candidates for reception into the seminaries, or those candidates who compete for parochial cures, but also that he should be excluded from any participation whatever in the examinations, that he should not be represented in, them by delegates, and, above all, that he should not have the prerogative claimed by the Grovemments in March 1852, of giving a vote on the capacity of the candidates examined. " III. For the same;*easons the Bishops claim the immediate direction of all ecclesiastical schools, and the establishment of seminaries conformable to the prescriptions of the Council of Trent; they require that the professors of theology iu the uni- versities should be appoiated only in accordance with their ad- 116 . SIGNS OF THE TIMES. vice, and that the professors themselves, as well as their instruc- tion, should be subject to their immediate supervision. They further demand the sole right of conferring the clerical title, or of sustentation, and therefore of disposing of the funds appropriated to this object, and even of conferring orders vrithout the neces- sity of such sustentation. " IV. The episcopate further claims the complete and entire aboUtion of the right of placet, and of the recourse to another tribunal in case of abuse ; or of appeal against its decisions to the civil authorities, except in cases where there was a usurpa- tion of civU functions on the part of the clergy. It claims, moreover, the free exercise of ecclesiastical jurisdiction, civil aa well as penal, secundv/m canones adhuc \>igentes et prcesentem ecdesicB disdpUnam,, and it exacts from the Government the execution of its sentences — therefore the right of deposing, sus- pending, and removing priests at its own plea ure, without any inquiry on the part of the civil authority into the regularity of the proceeding. " V. The Bishops next claim full and entire liberty of wor- ship, even with regard to the acts not considered necessary" to salvation ; and, consequently, the right -of commanding mis- sions, processions, and solemn pilgrimages, and of establish- ing confraternities, congregations and convents, and monastic orders, without any preliminary authorization from the G-ov- ernment. " VI. They claim not only the exclusive direction of religious instruction in the primary schools, colleges, or lyceums, as well as the right of appointing the professors, but also that of -watch- ing over and even directing' the secular instruction there given, and of dismissing those professors who no longer enjoy their confidence ; lastly, they demand the abolition of all mixed schools, that is, of such as are intended for the simultaneous instruction of children of different confessions, in order that children of the Catholic religion may be instructed in exclusively Cathohc schools. " VII. The Episcopate demand full power to pronounce sen- tence of- excommunication, major as well as minor,- on every person, whether priest or laic, who may have incurred this penalty. " VIII. Knally, it claims the free and exclusive administration OPPOSITE VIEWS. Ill of all Church property, without the contro! exercised up to the present time by the State — consequently, the abolition of all the rules, of administration established by the Government. It is, above all, the general ecclesiastical fimds of which the Bishops desire to have free disposal, without any authorization whatever from the civil power, and conformably to what is prescribed in the canon law. "In fliis memorial, the question of mixed marriages is not treated ; the Episcopate having for many years past eirforced the papal Edicts on this point ; and considering civil legislation as nul and void on all points where it contradicts these Edicts, it has not been thought necessary to demand its abrogation. " If we compare the governmental system exhibited above with the demands of the Bishops, it is easy to perceive that they rest upon such different modes of looking at the subject, that there exists between them an absolute contradiction. According to the principles of the Government, the Church can not clairh from the State any rights but those which the latter is willing to accord to it ; the greater part of these rights appear to the State a simple concession on its own part, and it considers that it has the right to refiise to the Bishops more important privileges, such as that of conferring ecclesiastical beniflces, of examining the can- didates in theology and for parochial charges, and of managing the central ecclesiastical fund ; while the Bishops on their side claim all these rights as belonging to them exclusively, or at least as prerogatives which the State can not make dependent on condi- tions dictated by itself, nor circumscribe within certain limits; they even declare the greater part of these rights so inherent in the episcopal dignity and functions, that they do not think them- selves authorized to renounce them, or to allow the civil' power to meddle with them. In short, it is the most absolute and the most frankly expressed Ultramontane system which the Bishops of the Upper Bhine wish to see carried into practice, utterly regardless whether the State recognize it or not. Hence the Archbishop of Fribourg thought himself at liberty lo take pos- session of «■ part of these rights by his own autiiority, and by practically exerting them; while the Governments feared lo ab- dicate a part of their sovereignty by allowing such a state of things to be tacitly introduced. " The Governments bad modified the ordinance of the 30th 118 SIGN'S OF THE TIMES. of January, 1830, partly by another ordinance drawn up by their mutual consent, partly by a ministerial explanation of the 2d to the 5th of March, 1853. But these modifications did not meet all the demands of the Bishops p many demands had been rejected, and tlje principles of the old ordinance maintained ; the Bishops therefore declared that . they were not satisfied by the concessions which they had just obtained. We will enumerate the most essential changes which had now been decreed : "I. All Papal BuUs or Briefs, the general ordinances of the- Bishops and other ecclesiastical authorities, as well as the decrees of the Synods, may be published and enforced without the placet, except when they impose obUgations which are not within the sphere of the Church, or have reference to public or civil aifairs. As to the rest, which are of a purely spiritual character, it is only necessary that the Q-ovemment should be previously advertised of them, "II. Pree liberty of communication with Rome is accorded to every one who may wish to exercise it, but without prejudice to the hierarchical order of the ecclesiastical authori- ties. "III. Theological studies must be conducted by a faculty of theology forming part of the Q-ovemment Universities. " IV. Theological candidates shall not be admitted to receive holy orders, or to enjoy the clerical title, until they have suc- cessfiilly passed an examination by the episcopal commission, who shall be assisted by a Grovemment Commissioner; the latter shall have the power of a suspensive veto, when the case must be referred to the board of pubUc worship, with whom hes the ultimate decision on the admission of the sus- pended candidate. " V. The right of fi:ee nomination to the livings which may fall vacant in the months of July and December, is granted to the Bishops and to the Archbishop of Pribourg. " VI. The Bishop has the right of immediate supervision over the establishments of public instruction for persons intending to become priests ; the professors, and the directors of the boarding- houses coimected with these establishments, can not be appointed without his consent. " VII. The Bishop nominates the rural deans, but they can not CONCESSIONS OF THE GOTERNMBN'TS. Hg enter on their fiinctions until their appointment has been con- firmed by the G-ovemment. " Viil. The GrQvemments recognize the episcopal right to award the customary penalties to priests guilty of some fault ; if, however, the sentence involve civil consequences, such as the loss of the benefice, etc., it is necessary that it should have been pro- nounced by a duly organized tribunal, assisted by a jurisconsult. The verdict must be arrived at by a proceeding conformable to law, and the condemned person is at hberty to appeal to the civil authority ; if he does not make use of this privilege, or if the civil authority decides that there is no reason to reverse the sentence^ the execution of it is conmiitted to the secular arm. "IX The Governments recognize the episcopal right of ex- communication, but excommunication can have no civil conse- quences, and gives a right of appeal as for an abuse of authority when pronounced for any acts not of a religious nature. " The reforms refused by the Governments concern, among other things, the erection of the minor seminaries prescribed by the Council of Trent, but which do not exist in Germany, and Sie rendered superfluous there by the secondary schools and existing colleges; also missions, solemn pilgrimages, and the founding of convents without the preliminary authorization of the State ; the superintendence and control of secular instruction "by the Bishop, or of the theological professors appointed by Government in the national universities. Finally, the existing laws with regard to Church property and foundations are main- tained ; and the Governments declare their resolve to keep the administration of the central ecclesiastical fund created by them- selves in- their own hands, although augmented by the revenues of the vacant benefices. The Bishops must be satisfied with having the right of consent to the employment of this fund, etc. They conclude by promising the Bishops that whenever they demand some ameUoration on behalf of the common welfare of the Church, the Governments will be always ready to comply with their wishes, provided only that they are compatible witii the modem order of society and the laws of the State." 120 SIGNS OF THE TIMES. II. ACTS OP mSUREECTIOlsr ON THE PART OP THE BISHOPS AGAINST THE GOVERNMENTS, AJ!TD PROCEEDINGS OP THE LATTER. \ " The Bishops were not slow in carrying out their threats and taking possession of the rights which the Governments continued to dispute. They made choice of two methods for attaining their end. At first they refused to take part in those acts of the ecclesiastical administration, which, by the ordinances then in force, required the co-operation of the clergy and the Govern- ment, or they did not carry out those orders of the Government which they regarded as contrary to their rights. This kind of passive resistance had already begun at the time of the revolu- tionary movement of March, 1848. The Bishop of Eottenburg had then refused to take part in the nomination of the rural deans, and to send a commissioner to the examination to be passed in Stuttgardt by the prieste who were candidates for liv- ings. Soon afterward the whole Episcopate went further; it reflised canonical institution to the pastors appointed by the head of the State as such, and no longer recognized as bind- ing those orders of the board of publie worship which ap- peared to it to encroach on the episcopal prerogatives or juris- diction. " At last the Archbishop of Pribourg, and subsequently the Bishop of Limburg, passed from passive disobedience to active resistance.* " They appointed pastors to the vacant parishes in virtue of their pontifical power. The Archbishop gave to a certain person power of attorney, with the right of representing him within the chapter itself, without giving notice of what he had done to the Government ; he no longer requested permission fi:om Govern- ment to publish his decrees, or to execute any acts of his juris- diction whatever, fie caused the preliminary examinations before reception into the seminaries to be carried on in his own name, * An apologetic letter of the Archbishop, published at Mayence, represents all these acts as implying merely a passive resistance. This is really too naivfe. CONDUCT OF THE ARCHBISHOP. 121 and refused to admit to them the civil commissioner ; in a word, he placed himself above the ordinances legally sanctioned by G-ovemment, and which he and his predecessors had hitherto always ' respected and obeyed. Finally, on the 5th of August, 1853, he entered into correspondence with the members, lay as ,. well as ecclesiastical, of the board of Catholic worship at Carls- ruhe, for the purpose of inducing them to resign their places, as obliging them to exercise functions incompatible with the duties of a Cfithohc Christian. Not one of them having acceded to his proposal, he launched against them a sentence of excommunica- tion, which was personally signified to each of, them on the 20th of October, 1853. Thus he 'came to an open rupture with the G-ovemment, and war was declared. " The Government of Baden found itself obliged to make re- prisals in order to maintain the laws actually in force, and to make its own authority respected. In the first instance it chose the least severe means of arriving at this end: instead of institut- ing a criminal prosecution against the Archbishop, or causing hirn to be arrested, he was placed under guardianship; an edict of the 7th of November, 1853, prohibited the publication or execu- tion of any act emanating from him without the counter-signature of a special commissioner named by the Prince Regent, who selected for the post the first magistrate of the district of Fribourg; the Archbishop immediately excommunicated him, which, how- ever, did not prevent him from fidfllling his painful office. The Archbishop caused all his sentences of excommunication to be solemnly published, and charged the pastors of Fribourg and Carlsruhe to read them from the pulpit, which they caused to be done by their curates. It is, however, to be remarked that the arehiepiscopal chapter solemnly declared itself to agree in all points with the views of its head. "The Q-ovemment replied to these new demonstrations by pronouncing penalties of fine and imprisonment on those who took part in them.* The Grand-Yicar of the Archbishop was successively condemned to fines amoimting to several thousand * All the ma'gistrates, with the exception of a very small number, were active in prosecuting those ecclesiastics who ren- dered themselves liable to it. The few who refused to do so were deposed from office. 6 122 SIGNS OF THE TIMES. franca. All thoee persons who had executed the orders of the Archbishop which had not the counter-signature of the special commissioner, were threatened with these penalties ^ while the deans and pastors who remained faithful to the legal order of things were assured of the protection of the G-ovemment. The Archbishop endeavored to justify his conduct in several proclam- ations, which were printed secretly, or pubHshed beyond the frontiers. Finally, he commanded (stiU without the authorization of the special commissioner) every pastor to preach four sermons expounding his position toward the State, the violation which had taken place of the rights of Holy Church, and the object of his extraordinary proceedings. The clergy found themselves in a position of great embarrassment; the majority obeyed, with or against their will, the orders of the Archbishop; the recusants were suspended or deprived of their office, and some were even excom- municated. Invery many places the communal councils entreated the Archbishop to withdraw his command concerning the four sermons, or abstained from attending them, and in some cases the whole parish did the same. The Archbishop was inexorable, and steadfastly declared that he would persist in the line of conduct he had marked out for himself until justice was rendered him. On the other hand, .the preachers who had distinguished them- selves by their warmth, were summoned before the civil tri- bunals, " The spectacle, hitherto unparalleled in Germany, of such- a war to the death, produced the utmost astonishment; and the clerical journals in all countries were constantly occupied with its discussion. In some it was represented that the cause of rehgion and the Catholic Church was undergoing a cruel persecution : and the Baden Government was attacked with such virulence, that the editors of several foreign journals were summoned before the tribunals and condemned for contumacy. On the other hand, some attempted to gain over the Prince Regent of Baden, and the other sovereigns interested in this great question, by soft words and flattering insinuations, and sought to persuade them to abandon the system that they had hitherto followed, to separate themselves from the counselors of tjhe Crown, and to embrace the sacred cause of the Church, which was represented as their own ; the alliance of the altar and the throne was held up as the strong- est guaranty of the stabUity of the latter, and the surest pledge of CONDUCT OF THE GOVERNMENT. 123 its triumph over democracy, which was depicted as the common enemy of both. " Subscriptions were opened in Bavaria and the Ehine provinces, and other parts of Catholic Grermany, as well as in Prance and other foreign countries, to indemnify the priests who were mar- tyrs of the Church. "A large number of addresses of cotidolence and congratulation from the Bishops and the Catholic clergy of almost every CathoUc country, as well as a papal brief, arrived at Fribourg to sustain the courage of the prelate under his so-called persecution. Some even pretended to see in this affair a war of Protestantism against the CathoUc Church, although the Protestants, except a very small number, had remained silent spectators of a struggle which could not, however, raise the Church in their eyes. It is true that among the journals which took the Grovemment side there are several edited by Protestants, but the great majority of the better class of CathoUc journals belong to the same party. As to the mass of the CathoUc po{)ulation, it has remained indifferent to this conflict: it is sufficiently euUghtened to perceive that the CathoUc reUgion has suffered nothing, and has nothing to fear ; seeing that the order of things which the Bishops now stigmatize as tyranny has siiisisted peaceably for half a century, without a single open complaint having been made. " Almost every one regards this conflict merely as a personal affair of the Bishops, who aspire to extend their power ; there is even a large number of persons who fear that the victory of the Bishops might be prejudicial to the Uberty of conscience. "The Baden Grovemment at first entered into negotiations vyith the Papal Nuncio at Vienna, hoping to put an end to the contest by the help of an arrangement with the Pope'. It is to be remarked that, with the exception of the Bishop of Limburg, whose diocese includes the Duchy of Nassau and the city of Frankfort, the heads of the otter dioceses have not followed the example of their MetropoUtan ; that of the electorate of Hesse has, in some measure, withdrawn from the coaUtion, trusting to his personal influence over M. Hassenpflug, the prime-minister of that country, for the adjustment of all differences. The Bishop of Eottenburg has addressed himself to the Kin^ of Wurtemberg in person. A kind of armistice was first agreed upon, and in the month of January last a compromise was concluded, which was 124 SIGNS OF THE TIMES. formed into the proposals for a convention, and transmitted by file Bishop to the Pope. Nothing positive has transpired as to the clauses of this arrangement, or the negotiations of the Baden embassador at Vienna. The most ardent, however, among the leaders of the clerical party have betrayed a certain dissatisfaction with the pacific issue of the grand struggle. " It was in the midst of this ever-increasing agitation of the piiblic mind, constantly excited by anonymous pamphlets and fugitive letters filled with invectives, that the opening of the Chambers of the Grand Duchy of Baden took place. Public attention was generally directed -to that passage in the speech from the throne which would necessarily refer to the disputes with the Church. The Prince Regent alluded to them with equal dignity, tact, and reserve : he expressed his sincere regret that the desire of the Archbishop to see his power more extended than it could be in conformity with tlie laws and the existing ordinances, had given rise to a kind of schism between the Epis- copate and the Government, notwithstanding the attachment which he himself, his late father and grandfather, had always manifested to their CathoHc subjects, and notwithstanding' their respect for that religion and their zeal for the Churdh ; ' that it was against his will that he had been forced to take severe measm-es for the honor of the State and the authority of the law, but that he hoped that aU would be terminated by an arrangement, etc. " In their answers or addresses of the 22d of January, 1854, the two Chambers expressed their fullest sympathy with the Prince Regent in this matter. The Lower Chamber, in par- ' ticular, which is principally composed of Cathohcs, expressed itself on this occasion in a very remarkable manner ; it said : ' We regret the more deeply the painful complications to which the extraordinary proceedings of the archiepiscopal see have given rise — ^proceedings so opposed to the fundamental basis of our pohtical organization— because the measures which your Royal Highness found yourself compelled to take in order to pre- serve the prerogatives of the Crown fi-om attack, have provoked ulterior acts on the part of the ecclesiastical authorities, which might easily have disturbed the public peace, and occasioned serious disorders, had your faithful subjects been less^ attached to their duty than they are. Whatever errors may be current in foreign countries with regard to these events, which have been ADDRESS FROM THE CHAMBERS. 125 rarely placed in their true light, your people has proved by its attitude, and by its firm confidence in your Highness, its persua- sion that the sacred cause of its religion is exposed to no danger. The remembrance of the benefits with which the Catholic Church has been loaded from the time of your illustrious grandfather, Charles Frederic, up to our own day, and the assurance of your Royal Highness that the Catholic faith is not less dear to your heart than your own confession, strengthen it still more in this conviction. We, the representatives of the nation from all parts of the Grand Duchy, believe that it is our duty to lay this assur- ance, at the foot of the throne ; and to bear this public testimony, that the affection of your subjects and their deep conviction that you render to all the same impartial justice, and that you have the same equal desire for the welfare of all, have suffered no change whatever- in any part of the country in consequence of these diiferences. Tour faithful deputies hope with confidence that an arrangement with the ecclesiastical authorities. may be arrived at, which shall not derogate-in the least from the dignity and the prerogatives of the Crovm.' " Conformably to the declaration made to the Chambers, the Prince Regent determined to send an envoy to his Holiness, in the hope of terminating amicably this great contest. "He made choice of Count von Leiningen, known for his attachnient to the Church, and joined with him a young secretary who had assisted at the conferences of the envoys of the united Governments which had been held, as we have said above, at Carlsruhe. To secure him a welcome in Rome, the Prince revoked the ordinance of the 7th of November, 1853. " The Government of Baden reasonably expected tljat the Archbishop would respect the status quo until the decision of the Pope was known ; but this was not the case : aggressive mea- sures were immediately resumed. The Archbishop was no longer contented with merely nominating pastors on his ovra authority, but he prohibited all ecclesiastics from presenting them- selves at the examinations in matters of religion, so long as they should take place in the presence of the Government Commis- sioners, and decreed the establishment of a school for students of theology at Pribourg, in a building belonging to the State ; further, he caused al the Churches to be closed wherever his nomination of the pastors had not been recognized by the Government. 126 SIGNS OF THE TIMES. This hostile act did not alter the moderate conduct of the Govern- ment: unwilling to deprive the CathoKc communities of the opportunity of worship, it permitted the pastors nominated by the Archbishop to exercise their office as temporary curates. Yet this condescension did not satisfy the Pontiff, who went still greater lengths on the road of arbitrary aggression. He com- manded the churchwardens to put his pastors in possession of the revenues of the hving. As these officials refused to lend them- selvers to his design, and he himself no longer recognized the board of OathoHo worship as having a legal existence, he put forth on the 5th of May, 1854, an ordinance intended to prevent his pastors from being left wholly without support, by which he en- joined all the communal boards to recognize no authority superior to his own; he deposed the recusant members, and commanded his pastors, in their character of president of these boards, to take possession of all the documents relative to the financial adminis- tration of the parish. " This last measure occasioned the greatest perplexity in the local administration of the ecclesiastical funds ; a small number of the members of these boards submitted to the episcopal decree, a larger number resigned office, the great majority resisted the decree altogether. Its execution was vigorously opposed by the Government, and the civil authorities found themselves obhged, in many places, to arrest the pastors. The Odenwald, where the populace forcibly prevented the arrest of the priests, was the scene of several riots ; the GovernmeM was compelled to have recourse to military force to make its authority respected. "On these grounds the-judicial authority, seeing in the episco- pal decrees of the 5th of May a manifest abuse of power, and an open violation of the law, as they contained a formal injunction no longer to obey that law, took the preUminary steps for exert- ing its power. The instructing magistrate of the court of Pribourg visited the Archbishop,.and when the latter refused to answer the questions addressed to him, placed him under arrest in Hs palace. " The Pontiff protested against this judicial act, interdicted the ringing of the church bells and the performance of high mass, and addressed, on the 20th of May, a protest to the court of justice against the proceedings commenced against him, asserting that, in ecclesiastical matters, he had no judge but the Pope. Nevertheless, he afterward submitted to the interrogation of the STATE SYSTEM OF BUREAUCRACY. 127 magistrate, and, in the course of a few days, was restored to liberty. The inquiry was soon terminated, and the criminal court of Pribourg is at present occupied with examining the cause, in order to deliver its definitive judgment. On the part of the Archbishopj the interdict was raised when the arrest was at an end." From this purely historical and juristic analysis, it appears conclusively, that of the main points which the eiyil government refused to abatidon, there was none but what had been in substance asserted and established in practice by France — ^nay, by Bavaria, and, up to 1850, evea by Austria, as regarded their bishops ; none but what lay within the reservations , on behalf of the supreme right of the State in the compact which had been made with Rome. While referring to the extract above given for individual facts, I will only allow my- self to make a few observations on those points which -stand closely related to our problem, and then carry on the histoirical statement from July, 1854, where our ex- tract breaks of To carry out its principles of self-defense, the Gov- ernment' opposes to the pretensions and encroachments of the episcopate a very thorough system of bureau- cracy. In this instance I confess that I have been made to feel afresh with pain the correctness of the polit- ical view which we both advocate — I mean that central- ization is incompatible with the training of the people to true freedom, and, in the long run, enfeebles rather than strengthens the power of the State itself I am here speaking of the common continental system of bureaucracy, which is a tutelage extended to the mi- nutest details of life, exercised over the people in the name of the State ; which recognizes no sphere of inde- pendent action whatever besides ' its own, and more par- 128- SIGNS OF THE TIMES. ticularly excludes all independent congre^tional action. A bureaucracy of this kind, whicli strengthens the fiscal element of the old absolutism by such a mechanism, em- bracing the smallest details of police regulation, as that introduced by Napoleon, is nowhere less suitable and more dangerous than when employed in ecclesiastical matters, and all relations with the clergy. As soon as a spirit of religious attachment to the Church is awak- ened, the Government finds itself at fault. Thus, in the case of various official forms insisted on by the min- isterial declaration of 1853, issued without the force of law, it has proved not only difficult, but downright im- possible to carry -them out ; still more often do they -in practice fail of their effect. That this ordinance has a legal basis is incontestable, and equally so that it is a step' in advance toward the introduction of a freer sys- tem as compared with the ordinance of 1830. The only question is, whether it would not have been well to have attempted at once to frame a definitive law, conformable to ,the principles of constitutional monarchy, and aiming at the greatest possible amount of liberty. In our days^ a constitutional State with a Protestant dynasty can not recur to the forms of public law in use in the eighteenth century, without placing itself in a false position. What formerly seemed, or really was, a protecting tutelage, is now felt to be an oppressive governmental interference. No doubt the demands of the bishops exceed all bounds, and must ever remain inadmissible; for the hierarchical canon law, on which alone the prelates take their stand', admits of no conditions. The bishops are wishing to re- duce the principle of the unconditional authority of their Church to a present reality, and this by virtue of divine and legal right. But when the Government, on thpir side, confront them with equally absolutistic principles THE ONLY CHRISTIAN BULWARK. 129 of administration, drawn from the canon law of despot- ism, they betake themselves to the ground of the bish- ops themselves — namely, that of unconditional power, and therewith to that of intolerance, of slavery — ^in short, to the ground that is fatal to themselves, and to the present generation. The unconditional canon law of the Romish Church either recognizes no relation toward the State, or one of subjection on the part of the latter ; that is, a des- potic, unchristian, hostile relation. The only Christian defense against this is to grant legal rights and liberties - for all. The primary origin of the conflict lies, as we have seen, in an old sin, in a wrong committed by both powers — the suppression of the rights of the Christian congregation. The dying out of the Christian congre- gation in the Catholic Church of the eighth century, is the source of the inward weakness of the hierarchy of the nineteenth ; and the dying out of the civil congre- gation in a feudal police-State become absolutistic, is the weak point ia the monarchy of our days, as opposed to the same hierarchy. The functionary system of the princes was contrived to supply the place of this congre- gation in a despotic State, and to exercise their rights " in the name of the State ;" this was the final solution reached by the previous century ; good, when necessary, as a dictatorship — ^ruinous, fraught with positive injust- ice, and, therefore, with the germs of death, when con- ceived and treated as a permanent legal condition, above all in such an age as ours, and in the present conjunc- ture of affairs in Europe. The question is, therefore, whether the existing con- stitutional system affords a solution that answers to the actual condition of society. The highest authorities of the Roman Catholic Church declare that they waive 6* 130 SIGNS OF THE TIMES. their unconditional claims only in deference to the over- powering force of circumstances, that they will never give way, except under coercion — and then only as a matter of fact, not of principle. They have also an- nounced their intention, in no ambiguous terms, to have recourse to self-redress, and even to push matters to an actual civil war, as soon as they think they can do so with success. The liberal party on the continent have gradually emancipated themselves from the folly of their prede- cessors, who imagined that the encroachments of the clergy could be successfully repelled by the despotic police and fiscal system of Joseph II. and Napoleon the Great. Those worthy people had sufiered themselves to be deluded by old Lamennais and other ultramontanists into the idea, that the knot could be loosed by the cheap talisman of a separation between Church and State. Yet none of these wise men attempted to any purpose to show how, with regard to certain questions of social life, we were to arrive at such a separation as could at all events cut the knot : in the first place, with regard to marriage and public education — points on which the State necessarily comes in contact with the ecclesiastical corporations ; and secondly, with regard to the adminis- tration of the Catholic Church revenues, except where these are, by common consent, the property of the con- gregation. In the Grand Duchy of Baden, the whole amount of the property belonging to the Catholic Church may be estitoated at no less than sixty million florins (125,000,000 francs), if we add the capital to the yearly revenues, and capitalize the latter at five- and-twenty years' purchase. It is worth the trouble to take a survey of the componeift parts of this prop- erty. We have here four difierent classes of property : CHURCH PROPERTY. 131 1. Ftmds for the maintenance of the cathedral chap- ter, the seminary, and the cathedral benefice. These are managed by the cathedral chapter ; the Catholic High Church Council audits the accounts. 2. The general ecclesiastical fund, foimed of seques- trated ecclesiastical foundg,tions, and the dues belonging to vacant benefices (intercalary funds, in the official language of lie canon law). This capital amounts to 800,000 florins ; the current -income and e2j)enditure from 120,000 to 130,000 florins. This considerable branch of Church property has been accumulated and kept up by the provident efforts of the Government, and, by universal' testimony, is managed with the greatest conscientiousness by the Supreme Ecclesiastical Board. 3. Funds belonging to the parishes and districts, and for the' support of churches, schools, and the poor, in the several localities. These funds are in the hands of local boards, for the management of endowments, pre- sided over by the parish priest. The Supreme Ecclesi- astical Board exercises only a general supervision. The capital of these revenues is estimated at about 20,000,000 florins. By- the constitution, the whole of this property is placed under the protection of the laws, and therefore every abuse can be brought before the or- dinary courts of justice. The Supreme Ecclesiastical Board is composed exclusively of Catholic members, clerical and secular. Not a single complaint has ever been lodged against it for bad management or injustice, still less for peculation.* • • * Comp. Wanikonig : " Ueber den Conflict des Episkopats," etc., and a pamphlet written with great fairness, and much in- formation, entitled "Auch zur Antwort uber den derzeitigeii Kirchenstreit," February, 1854. In this brief essay, the numer- ous errors and misconceptions of Canon Hirscher are exposed. It has been attributed byWamkonig (Schletter's "Jahrbiioher 132 SIGNS OP THE TIMES. 4. The incomes of the livings. This, which is the most considerable branch of Church property, amounts, including capital, and capitalized income, to about 20,000,000 florins. I^ is managed by the parish priests themselves, who apply it at their discretion. The Bishops and Government exercise a joint super- vision over the maintenance of the capital. Now the Epispocal Court claims the sole management and supervision of the whole of this property, to the ut- ter -exclusion of the State ; and at the 'same time does not surrender its claim to grants from the State. All this is said to be nothing more than compensation -for the ecclesiastical revenues that have been confiscated. So things are on quite a dififerent footing here from what they are in France or Belgium, where such pro- ceedings as those of our Bishops would be .called simple treason, which, strictly speaking, they really are. In these countries the Church property was confiscated long ago by the State, and the Church is satisfied with the scanty residuum allotted to her. Thus it would be impossible to concede the demand of the Bish- ops without violating the principles of the greatest Christian fairness, and the most liberal constitutional treatment. It is the same with education. The mo- nopoly of education and mental culture by the State is certainly not better than by the clergy — here, too, the principle of freedom is still new on the soil of Napo- leonic centralization. In both domains the principle of freedom can not be administered by mere official action, but only by calling in the aid of Catholic con- der deutschen Wissensohaft") to a distinguished CathoKc func- tionary in Carlsruhe ; and the statements of the article in Cotta's " Vierteljahrsohrift" for 1854 ascribed to M. von.Linde, coincide with this. STATE CONTROL. 133 gregaidonal activity, as Wessenberg as recently advised a&esh. In all its proceedings the Government evidently stands upon the ground of the law. It opposes to the unconditional claims of the Bishops the right derived from the existing laws of the land, and the intrinsic reasonableness of those laws. Yet things can scarcely remain long at the point which they have reached. One thing is already clear : the State can no longer re- tain its right of supervision in the form of an exclusive administrative guardianship. Still less can it derive its right and its practice from the' usages of the eighteenth century; in those cases where an active participation of the clergy is required, the secular power can restrain the priest's hand, but it can not impel him to impose it. It has the right to cancel an inadmissible verdict of the episcopal tribunals as invaHd, but has not, therefore, any right to modify the verdict into accordance with its own views, thus making itself a partner in the unjust decision. Scarcely could imperial power suffice to ac- complish this in a crisis so grave as the present, in which, moreover, under one form or other, a hierarchi- cal tendency has so strong a hold on the popular mind. But, above all, it is not right. It will not do to op- pose to a right, however one-sided, nothing more than a consideration of mere State expediency. On these grounds I can not but term it a lamentable blunder, and a decided anachronism, that in 1852, at the obsequies of the Grand Duke, the Government should have required the Archbishop to order a mass for the dead to be performed, as his predecessors had always been used to do under similar circumstances, without raising any objection. His refusal was cer- tainly most uncourteous ; and it was further contrary to 134 SIGNS OF THE TIMES. the usage of a more liberal age. But that age was also really one of confessional indifference — ^nay, an age in which, in many quarters, there was much indifference even to morals and religion. We have at all events, now-a-days, to take other spiritual elements into the account, not only in the Ultramontane party and in the clergy, but also in the people ; and the Catholic Church supplied other suitable forms for the expression of the: people's sorrow at the death of their Prince and attach- ment to his memory. And lastly, it really seems to us little consonant with the dignity of the Ministers of a Protestant sovereign to entreat the public prayers of; such a hierarchy. So likewise it appears to me an in- consistency when the State binds itself, or thinks itself authorized to co-operate actively in acts " of the clergy within the sphere of their own canon law. And thus I can not but find it a questionable ;thin'g when it is . said: in the edict addressed to the bishops in 1853, " Cen- sures (punishments which the bishop has the power of inflictiDg on ecclesiastics) need the sanction of the State, only in those cases where the aid of the State is re- quired for their fulfillment." A constitutional govern- ment, and especially a Protestant one, should never con- descend to make itself the executioner of ecclesiastical censures. Every government must have the ri^t to afford protection- to all, be they clergy. or laity, who complain of 'the violation of their civil ; liberty or rights of property^ through the abuse of ecclesiastical power ; and this is what the governments of France and Baden have done. And in such cases, the more the civil gov- ernment can restrict itself to the application of univer- sal legal enactments, and leave every thing to the ordin- ary tribunals (rather than to the Council of State, for instance, in France) the more secure it is of keeping in RESISTANCE OF THE BISHOPS. 135 the right path. But then there must be no question of State sanction, but only of its decision respecting the legal consequences of the dissolution of a contract by the one party alone, such as that between a bishop and the incumbent of a living, as regards the revenues. Any thing beyond this is to be reckoned among the blunders and inconsistencies of the modern continental State. But on the side of the Bishops we find not merely a passive resistance — they preach active resistance ; nay, insurrection. The Archbishop unquestionably resorted to self-redress, and proclaimed opmi war against the Government, when, in conjunction with the four bishops of his province, he declared on the 12th of April " That from henceforward he would withstand the laws of the State, in so far as they affected the Church, and contradicted her dogmas." And that he acted upon this declaration is proved by subsequent events. He pre- scribed that four sermons should be preached in every parish, in order to make the wrong committed by the Grovernment clear to the people — an order that in France and every other Catholic country would have drawn down upon him a criminal prosecution before the ordi- nary tribunal.* The Archbishop filled up livings, without reference to the right of co-operation hitherto exercised by the Government. But when the Govern- ment, on their side, appointed incumbents to parishes of which they claimed the right of presentation, and where they had hitherto exercised it without dispute, the Archbishop launched a sentence of exconununication against the members of the' Catholic Supreme Ecclesias- tical Council — ^laymen and officers of State, who had simply done what they were bound to do. But, accord- * Code Penal, Art. 201-203. See Laboulaye's Essay in Wolowski's Law Gazette, which is cited in Appendix A. 136 SIGNS OF THE TIMES. ing to the Ultramontane interpretation of the canon laiY, even to do this is a crime which excludes from Christian communion. "We must obey God rather than man" is a well-known maxim in that system ; whatever may become of God's voice — the personal con- science of the individual — we ought unconditionally to obey the ecclesiastical court rather than the secular one ; and this is commanded on pain of exclusion from the means of grace belonging to the Church — ^there- fore, as far as lies in human power, from eternal salva- tion. The Govermnent, however, did not respond, as they might have done, by stopping the income of the Arch- bishop, but placed the execution of the ordinance of the 7th November, 1853, in the hands of the head magis- trate of the district of Fribourg, whom the Archbishop thereupon excommunicated. On their side, the Govern- ment caused some parish priests who had taken part with the Archbishop to be arrested on account of illegal acts which they had committed in their office, and im^ posed fines on them. Meanwhile the Government had announced their intention of entering into negotiations with the Nuncio in Vienna. But already, in December, 1853, the Pope put forth an allocution, in which he declared the Archbishop entirely in the right, and soon after gave him to understand that his acts met with his highest approbation. On this, in order to be able to commence negotiations with Rome, the Government re- called the ordinance of the 7th of November. On the other hand, the sentence of excommunication against the Supreme Ecclesiastical Council and the first magis- trate of Fribourg was not recalled, which certainly, considering that they had simply performed the duties of their office, without any act of personal hostility, MISTAKE OP THE GOVERNMENT. 137 ■would have been done by any one else. A bishop, however, who places the unconditional canon law above God's Word and above justice, sees the case in a very different light. It is said that he gave hopes of a par- don, if the condemned individuals professed their re- pentance. How could they do so, when, in carrying the law into effect, they had already made a declara- tion that they only did their duty as oflScials, and they had never even been accused of any personal viola- tion of their duties toward religion and ecclesiastical authority. But all this would hardly have come to pass if the Government had quietly advanced on the ground of their political and constitutional rights, and come to an understan(£ng with the country by means of the Cham- bers. By negotiating with Rome, they took up before- hand a position on which they must inevitably be de- feated ; and by refraining from a judicial inquiry into acts of encroachment provided against by the laws, they allowed the only weapon which, is feared by the hierarchy to be taken out of their hands. There is not the slightest doubt but that the functionaries and clergy- men on whom that spiritual penalty was inflicted, had a right to expect the judicial protection of the executive power. Can we therefore wonder if, on all sides, things began to take a turn unfavorable for the Government ? The revolt that had been preached did not take place, but the decided spirit of opposition to the hierarchy shown by the Chambers, and throughout the country, could not but cool down when the Government did not stand up .for its own rights, and those of the citizens, on the ground of law. The disposition to maintain the laws of the land and the majesty of political rights, had been manifested most unmistakably at the opening 138 SIGNS OF THE TIMES. of the Chambers in January, 1854. On that occasion, when the Prince Regent alluded to these circumstances in dignified terms, and expressed his confidence in the deputies and the people whom they represented, the enthusiastic response which followed was the most conspicuous proof that the first wish of Catholics, no less than Protestants, was to see the law of the land upheld in its integrity. The number, too, was very in- considerable of the parish priests who had shown any in- clination to comply with the first illegal commands of the Archbishop. They continued to transact business with the ecclesiastical department, and the administration of the revenues of foundations suffered no interruption.- But were they not now, to some extent, left in the lurch by the Government, and exposed to the ecclesiastical vengeance of the Archbishop ? It might have been imagined that the Archbishop would now, on his side, adopt a milder course. But his conduct by no means justified these expectations. Any joint action in the management of ecclesiastical afiairs proved to be attended with greater difficulty than in the earlier stages of the contest. The Arch- bishop subjected all the parochial clergy who had yielded compliance to the Government to a spiritual censure: and on the 14th of May, issued a Pastoral forbidding the local boards (who are charged with the management of local foundations, under the joint super- intendence of the State and the Archbishop) to give an account of their expenditure to the ecclesiastical depart- ment, as prescribed by law. The Archbishop, next, even tvent so far as openly to call upon the* individual Catholic congregations to take things into their own hands, thus inciting them to active resistance, and rebel- lion against the laws of the land. These are the words ARCHBISHOP ARRESTED. 139 of his Edict concerning the priests whom he had ap- pointed to livings: "To the several parishes is in- trusted the duty of protecting, by suitable means, the pastor legally set over them by the Curia, and securing him in the possession of his living." The spark did not kindle ; only in a small number of country parishes was it necessary to quarter a few companies of soldiers for a short time ; the great majority even of the rural population remained tranquil and faithful to the Govern- ment. The answer of the city of Eribonrg to the ex- communication of her first magistrate, was his election as honorary citizen at the expiration of his term of oflSce. But it was no thanks to the Archbishop that the country was not made a prey to disorder till the claims of the hierarchy were satisfied. The entering into negotiations with Rome was, there- fore, from the outset, an error and an unfortunate step for the Government. For as early as the year 1830, and repeatedly since then, the Pope had called on the bishops to adopt the very course of which the Govern- ment had to complain. How, then, could he declare them in the wrong, when they had so evidently pursued the course indicated to them ? Now, as a last resort, the Government turned in the right direction, and recurred to the ordinary course of law. They instituted criminal proceedings against the Archbishop, and on the 19th of May caused him to be arrested, on a charge of having abused his ofiice to the endangering of the public peace and order. In this way the Archbishop sufiered some days' confinement in his palace, namely, during the preliminary hearing of the ease, as the laws prescribe. As soon as the judicial in- vestigation had formally commenced-^ the arrest was at at end, and the Archbishop held perfectly • free com- 140 SIGNS OF THE TIMES. munication with, the world. It need hardly be said, that during this short time of arrest the Archbishop was treated with the greatest respect, and all the considera- tion due to his age and high dignity. This, however, did not prevent numbers of the pious from -rushing to his palace on the news of his arrest, in order to be re- fused admission, in accordance with the general rules of court ; on which they, of course, revived the cry of per- secution and -martyrdom. The public press of Baden and Germany, in which every particular relating to this affair was recorded and discussed by both parties, affords the best refutation of these falsehoods and exaggerations. Without a doubt a jury would have maintained the law of the land. As the legal mode of commencing such a prosecution, the arrest of the Archbishop was not merely a justifiable step, but a necessary one, commanded by respect for the law. In the same way, the arrest of the Archbishop of Cologne in 1837 was perfectly justifiable, on the supposition that the Government intended to cite the Archbishop before his lawful judges, if Rome should decline to silence him ; and, on this supposition, those proceeded who had counseled his arrest, as the docu- ments would unanswerably prove to all the world if they were published. The Government of Baden was therefore perfectly in order when they caused the' Arch- bishop to be put under arrest, and examined according to the rules of court. Instead, however, of allowing the judicial proceedings really to follow, they accepted in September the offer of mediation made by Home on the 25th of August, and announced the terms of the pro- visional agreement on the 14th of October, on which the Archbishop notified the same to his clergy on the 18th of November. According to the text of this Edict of the 14th ef October, in the first place the proceedings COMPROMISE WITH ROME. 141 instituted against the Archbishop are quashed, "siace an agreement being arrived at respecting the manage- ment of local ecclesiastical funds, the occasion for a judicial investigation is removed." Secondly, those ecclesiastics or laics are to be set at liberty who may have been imprisoned for executing an order of the Archbishop, -with reference to " the diocesan government or administration of Church property;" and the investi- gations still pending with regard to such acts, are to be quashed. Thirdly, the cure of souls is provided, for by the regulation, that " the Archbishop is to appoint fit- ting clergymen to perform the parochial duties, to whom the Government will cause the usual daily stipend (a florin and a half per diem) to be paid, after deducting the remainder of the income of the living." Thus the filling up of the living is suspended until the final ar- rangement is made between the Government and the Archbishop. On'this follows, as the fourth article, the announcement that the administration of the local Church property is to be carried on as before the dispute arose. This, therefore, includes the rescinding of the Archbishop's prohibitions of intercourse with the Gov- ernment. On the other side, the fifth and concluding article declares, that the ministerial ordinances in reply (the Edicts of the 18th of April and 18th of May) are canceled on the part of the Grand Ducal Government. It can not be denied, that in this preliminary conven- tion, the Curia only gives way on one point, namely, with regard to the Administration of Church property, which the Archbishop had brought to a stand-still, by forbidding the officials concerned to transact business with the Government. As regards Church discipline, Rome upholds the Archbishop in every step, including the excommunication of the Supreme Ecclesiastical 142 SIGNS OP THE TIMES. Council. The Government gives way on both the points in dispute. It cancels all legal proceedings against the Archbishop and his priests, not only with reference to the present dispute, but also with reference to the government of the Church, and confirms the ille- gal nominations of the Archbishop. It only insists that the persons so nominated shall be regarded as curates, not incumbents, and therefore receive only a portion of the income of the benefices. At first it appeared as if the whole execution of the convention would suffer ship- wreck on this point. The persons excommunicated re- fused to sue for pardon, since they had sunply done their duty. On account of this, the clergy were unable to enter into the relations with them that were necessary to the carrying on of the administration. After some hes- itation, the Archbishop' empowered the parish priests, by a circular issued in February, 1855, to hold dealings with the Supreme Ecclesiastical Council in the matters affecting the revenues of endowments, but to i-efrain from all other intercourse. This is the position in which affairs stand, up to the present moment. Now, what would have been the probable result, if the Government had simply pursued a constitutional course ? No doubt, if the dispute had been arranged by an appeal to the courts of justice, the necessity would have been still more apparent of a clear, honest, liberal law, defin- ing the position of the State toward the Church, which might have replaced the ordinances of 1830, and of March, 1853. Hence there seems nothing left for the Government to do but that, which done in January, 1854, would have averted much 'mischief — I mean, that they should lay a project of law before the Chambers, defining the existing regulations in the sense of true legal and constitutional liberty, and, where necessary. NEEDFUL MEASURES. 143 altering them so as to adapt them to present circum- atjinces. By so doing, they will thus reward evil with good, encounter the hierarchy with Christianity, and op- pose to the claims of the canon law the majesty of polit- ical justice and civil freedom. Such a law might be assimilated, in some respects, to that of France and Belgium, in others to the existing regulations in Prus- sia ; at the same time, however, keeping in view the points of difference in the legislation of those countries, and the existing compact with Kome. In any case, the law would have to be as liberal as possible, and to con- tain a penal clause. The more fair and just a law, the greater security is there for its enforcement against every one, even against archbishops ; for then public opinion becomes penetrated with that sense of law which was expressed some time ago in the remarkable words of the Sardinian officer, who had to keep guard over the Archbishop of Turin. The latter remarking that he no doubt felt it very painful to execute the orders of the Government, the officer replied, very simply — " Not in the least; for we all stand beneath the majesty of the law, which you have violated.'' Such a feeling of the sanctity of the laws of our fatherland, makes even small governments and states more powerful than many larger ones. In his recent essay in Schletter's " Jahr- bucher," Professor Warnkonig has appended the scheme of such a law for the province of the Upper Rhine, which, coming from so distinguished and experienced a man, certainly deserves attention. I therefore insert it in Appendix B, and beg to express my general concur- rence with it. You will observe that the seventh article of this pro- ject speaks of the execution of the sentences of the Spiritual Court. This might, perhaps, require a more 144, SIGNS OP THE TIMES. precise definition, in the sense of what has been said above. With regard to his eighth article, concerniog popular education, the experience of France and Bel- gium shows that it is virtually putting the gymnasia and lyceums into the hands of the bishops, if you make it dependent on their pleasure whether Catholic religious instruction shall be imparted or not. The Government must, in any case, reserve to itself the right of choosing a master for religious instruction from among the clergy approved by the bishop. If he refuse on principle to send up candidates for the office, the Government must retaliate by suspending the episcopal revenues, as has always been its acknowledged right. With the other branches of instruction the bishops should have nothing whatever to do. When I here give utterance to my convictions, I know that a Government so enlightened as that of Ba- den will not see any want of respect even in my criti- cisms, but only the candid remarks of a sympathizing observer. I make ample allowance for the embarrass- ment of their position. I fully recognize how greatly the violent and illegal conduct of the Archbishop and his adherents increased the difficulty of entering on the path of parliamentary legislation. Finally, I do not forget the respect naturally paid to the diplomatic representations of which we have heard, dissuading from an open constitutional proceeding with the Cham- bers, and to the urgent advice, proceeding from an influential quarter, to negotiate with Rome. So much the more, however, do I hold it my duty to declare that I think the Government perfectly in the right when they expelled the Jesuits who were holding missions in the country, since that body enjoyed no legal recognition from the State. EXPULSION OF THE JESUITS. I45 Whether there ought to be a legal permission of the public labors of the Jesuits in the land, is an open political question, on the consideration of which I am not here called upon to enter. But it is no matter of question that such labors, in order to be legal, require an express legal resolution and edict. For a society which has been formally abolished, and that at the Pope's desire, can not possibly lay a claim to be legally •re-established, even by the Pope^s desire, without a leg- islative enactment. And in former times they have al- ways demanded such an authorization in Catholic States. But, be that as it may, in Baden the Jesuits had no right to hold missions, nor the bishops to allow them to do so ; jand the Government simply availed themselves of their right ; a step all the more justifiable under cir- cumstances of so much perplexity. The educational establishments of the Jesuits may certainly be regarded as those of private persons ; and in that case, where universal religious liberty exists, they ought not to be excluded from the rights commonly ac- corded to private schools ; it being understood, of course, that they submit themselves to the same inspection on the part of the State as all others. These, therefore, would be schools conducted by individual Jesuits. But schools belonging to the society presuppose (as do Jesuit missions in my opinion) the express permission of the Order by a law. This was the view taken in France under the Bourbons. But if the question under dis- cussion be whether the Jesuits are to be recognized as a society with corporate rights, we must not overlook the fact that this society is distinguished from all other or- ders of the Catholic Church by its fundamental principle. It is a priestly institution for proselytizing and popular education, and a secret society, of which every member 146 SIGNS OF THE TIMES. • pledges 'himself at all times to yield obedience to what- ever decision may issue from the Pope of Rome, to uphold' whose unconditional authority is the declared object ©f their Order. Laboulaye's verdict on this point in his . articles on the history of the dogma of the Im- maculate Conception, has never been answered,; and is unanswerable. All the States in which the Jesuits have" once had the upper hand, banish them as soon as they are able ; as. we see now taking place in Spain and Sardinia ; in all other Catholic countries they are the object of general aversion, both to the regular and secular clergy. That they have made their way into Prussia and Hdienzol- lern and established themselves there, can scarcely be an inducement to the Government of Baden to swerve from their secure footing on the law. The Catholic parochial clergy would vote for it as little as the people, but it is possible to intimidate the former. As we have said, the ecclesiastical contest in Baden remains up to the present moment as far from decision as it was a year ago. The result of the negotiations that have been going on in Rome, and are now con- cluded, has not yet been made public. But enough has been shown, in the subsequent course of events, to en- able us to recognize in -the acts of the Archbishop the fixed determination of the bishops to uphold, in all their magnitude, those pretensions to supreme and unlimited power in all cases of collision between the State and tiie hierarchy which have hitherto lain dormant ; and to at- tempt to enforce them in defiance of a Government strong only in the power of right, and in the attachment to law by which its enlightened and patriotic population is animated. In this contest the Government of Baden JB the champion of the rights, not only of all the Prot^ CONTEST triTDEOIDBD. 147 estant Grovernments of Gennany, but of all the States that have resolved not to sacrifice their o-vvn independ- ence and the rights of their subjects on the altar of the canon law. The issue which we predict will be a bene- fit to all Grovernments, and to the clergy in the country itself. What are the expectations, on the other hand, of the hierarchists we learn best from their advocate in the voluminous essay already referred to in Cotta's Quarterly Magazine for last year. After having in- formed us that two hundred and forty bishops, and among them all the eighty-five of France, have ex- pressed their sympathy with the Archbishop of Fribourg, and offered him their congratulations on the part he has taken, he draws from it the following tragic-comic con- clusion : " Henee it appears that all these bishops recognized the pre- tensions of the episcopacy to be founded on the canon law. The Pope, as the supreme judge of the metropolitan, has decidM in his favor ; his decision has thus,become in the truest sense oecu- menical: according to the law of nations there is now presented to the parties or guaranties to the peace of Westphalia and the Final Kesolution of the Diet of 1803, by this decision of the Pope, a violation of the treaties which they have pledged them- selves to maintain intact. "What should hinder these powers from availing themselves of their rights in order to restore peace ?" Clearly nothing but the war in the East ! As soon as this is over, therefore, the French and Russians are bound to invade Germany in case the Baden Govern- ment should refuse to give way, and the Emperor of Austria fail to do his duty. We take due cognizance of these patriotic opinions and hints, not to call them suggestions and instigations. There only remains one thing more for us to do in 148 Signs of the times. order to perceive the full historical import of the contest between the hierarchy and the State ; namely, to con- sider more narrowly, in their mutual bearing, the three great points which must perpetually bring them into collision. This I purpose to do, my dear friend, in my next letter, for which you shall not have to wait long. LETTER ?L THE CONFLICT BETWEEN THE CIVIL LEGISLATION AND THE CANON LAW OP ROME, IN ITS BEARIN& UPON MARRIAGE, EDUCATION, AND PROPERTY. Chaelottekbebs, June 26tb, 1866. Verily, my Honored Friend, from all that we haye had to relate and discuss in my last two letters, it seems that those who are raising the standard of absolute Church authority against the State are in bitter earnest. And they are waging a warfare not merely against the authority and majesty of civil legislation in general, but against the most vital elements of all national existence. For, as we have seen, the unconditional law of the hie- rarchy is not only, by its very nature as unconditional, incompatible with the legal conditions of an independent State, but also stands in an attitude of equally implaca- ble hostility toward the intellectual requirements of the age. This holds good with regard to popular education, which, however, can not be suffered to remain on a foot- ing utterly at variance with the political circumstances of a country, nor yet be surrendered into foreign hands; and is equally applicable to free research in the domain of history. The natural sciences are, at length, every- where allowed free scope; but philology and history, and all free mental and moral or religious philosophy, find in our day greater obstacles than ever from the 150 SIGNS OF THE TIMES. canon law, and greater resistance than ever from the hierarchy which takes its stand upon that law. I repeat it : what I have said is, I firmly believe, as true of a Catholic State as of a Protestant ; and in saying it, I have had no reference to any particular Christian confession. The immediate question before us, in the first instance, simply concerns itself with the law. It is a question of the final consequences of that system which was planted by Boniface, but which he carried into practice (for he could not do otherwise) with modera- tion, and kept within bounds. .Hence, however, it is a question whose root-principle affects the stability of law in all European States, Catholic as well as Protestant, and -decides the future prospects of mental culture in Europe. Yes ; we utter no exaggeration, but a simple, unvarnished fact, when we say that, humanly speaking, the point at issue is the civilization and freedom of the world, so far as Western Europe has a voice in the matter. For the science and culture which place our century in so high a rank, are certainly not the work of this hierarchy, and they have now escaped from its guardianship, as formerly from its persecution. In the first instance, we shall limit our attention to the relation toward the State, and, ignoring all confes- sional considerations, proceed to consider those three great points to which we have alluded ; not alone the two which the Wtirzburg manifesto places in the fore- ground^education and Church property ; and we will begin with the third, whose championship the Bishop commits to the Pope, namely, marriage. According to the views of the hierarchical or Ultra^ montane party, it is pure impiety on the part of the State to make the validity of marriage, and its legal consequences in the legitimacy of the children and the THE CHUECH AND MARRIAGE. 151 right of inheritance, dependent on the vow or declara- tion of the contracting parties before a civil court, and the recording of their union in the registers of the State. For the last three centuries, the conscience of educated nations has raised its voice in opposition to this view. And, really, one would be ready to think it a. greater impiety on the part of the State if it took no heed to thiS' fundamental pillar of its own existence. Nay, its Christian character consists in the truly Christian attitude which it assumes toward the conscience of the individual, when it leaves it to him to make himself a partaker of the blessings of that religious community to which he belongs. At an early date, the fre6 citizens of the Netherlands had sought to obtain this end by establishing a so-called civil marriage for all who did not belong to the Reformed Confession. The Prussian code of Frederic the Great evidently sets the same end in view. But the Prussian lawgiver and the general sentiments of his age were still too much in bondage to the juristic and historical error of the Reformers, who' imagined, that according to the law and custom of prim- itive Christianity, the religious rite constituted the con- tract of marriage, instead of merely hallowing it; whereas even the Romish canonists admit, that according to the ancient Church, the mystery, or as the "Western Church expresses it, the sacrament, does not lie in the pronounc- ing of the blessing, but in the consummation of the marriage vow. This error was the chief source of the maxim laid down by the Prussian code, that the ecclesi- astical ceremony was requisite to the legal validity of a marriage. The Austrian code of Joseph II., already mentioned, was on this point less fettered by prejudice. He gave 152 SIGNS OF THE TIMES. less prominence to the benediction of the priest, without, however, directly and openly reinstating the civil cere- mony in possession of its old rights. To have effected this in a logical and consistent manner, is the immortal merit of Napoleon the Great, and of the eminent jurists and statesmen whom he gathered round him. In En- gland, Peel, the greatest English statesman of the age, has paved the way for the introduction of this wise measure; while observing due respect to the peculiar circumstances of the country and the existing usage, according to which a marriage was formerly valid only when performed in the Episcopal Church. Ped re^ dressed this griev?ince on behalf of all Protestant dis- senters, and established civil registers, under the man- agement of lay of&cials. The Episcopal clergy are still able to solemnize all marriages, and retain their own books of registration, in which every marriage solemnized by them is entered immediately after the religious cere- mony, in the same form as by the civil r^istrar ; ,and is, indeed, registered twice — once in the parish book, and then in the quarterly return sent in to the superin- tendent registrar. The ninteenth article of the Prus- sian Constitution holds out a prospect of the introduction of civil marriage by a special law. The justification of civil marriage is generally based merely on the rights and duties of the State, and this justification is perfectly adequate in the sphere of law. But it is time to expose the hypocrisy, or at least to unvail the absurdity, of the assertion now boldly revived, that an enforced religious solemnization is more conso- nant with Christianity. It is, on the contrary, precisely from the Christian point of view that civil marriage derives its recommendation. It alone is entirely in consonance with Christianity, and therefore pre-emi- CrVIL MARRIAGE. 153 nently favorable to the highest good of peoples and states — namely, religion ; inasmuch as it lays aside coer- cion, and gives, or rather restores, to a religious rite its voluntary character. For Christianity can only exert a power for changing men's hearts, in so far as the religious acts of the individual are freed from all con- straint. Civil society, when, having culminated in a polity, it has risen to the full consciousness of its divine vocation, tolerates no legal coercion but that of the laws of the land, with whose maintenance' the State alone is chargeable. But neither can the Christian religion, when awakened to the consciousness of its own inward and personal nature, tolerate any coercion — still less desire or demand it. The universal conscience of Chris- tian men has lon^ago perceived that God's blessing rests only on such religious acts as are voluntarily per- formed. In our day this sentiment has found its verifi- cation in facts ; not only in France, but in the Rhenish provinces. The facts adduced by Siisskind with regard to ISelgium, to prove the contrary, and of which the retrograde party so gladly avail themselves, have arisen from the unique position assumed by this almost ex- clusively Catholic country toward the clergy, who are endeavoring to gain political supremacy. In tha coun- tries referred, to, the feeling of the sacredness of the religious act has not diminished, but, on the contrary, increased where it ejcists ; and has now revived even where it seemed to have died out. The experience of England and the United States yields the same result, as every one knows who is acquainted with the internal affairs of those countries. To protect the Catholics from coercion was also the object of that regulation in the Prussian code, which secures to Catholic couples the right of being married in a Protestant church where no objec- 7* 154 SIGNS OP THE TIMES. tions to their union exist on the score of morality or the provisions of the common law. But the means are inadequate to the end, and the requirement of any ec- clesiastical ceremony whatever rests upon an error. Even the law of Joseph II. (now, as it seems, set aside), although not clearly expressing the simply relig- ious significance of the ecclesiastical ceremony, is a step toward the right path, which Napoleon at length entered upon. Thus both the German codes deserve, to a certain extent, our gratitude and approbation in behalf of Chris- tianity and civil liberty. Under Napoleon, in 1801, Rome had perceived that his system was not inconsistent with the general defini- tions of the canon law, nor with the usages of the an- cient church ; but since 1850 she' can no longer be made to comprehend this. Wherefore ? The Ultra- montane party — which raised its head again upon the restoration of the Bourbons, and after the death of Pius VII., ia 1823, became the ruling influence at Rome — thinks, in its blind fanaticism, that the salvation of the Church lies in the restoration of this error of the dark ages. But the main ground of the hatred with which the hierarchy in general regard civil marriage is, that they descry in it the means whereby the State emanci- pates itself and the consciences of its subjects from the yoke of the clergy. And this is the very end to be at- tained. It is, indeed, high time that the scientific jurists of Germany should rise to this point of view. But, as yet, there still evidently lingers a religious prejudice against civil marriage in the minds of some of the leaders of our so-called historical, or more truly Romish-romantic, school Of jurisprudence. Lastly, the objections raised by the Lutheranistic theologians against civil marriage only furnish a new proof of the utter in- NATIONAL EDUCATION. I55 capacity of this class to conceive any clear notions of jurisprudence, or to enter into the realities of the world around them. Beaten on the field of history, and driven from the position they had taken up in poLtics, they fall back on the religious feeling of the multitude. ■Upon this point, then, an open war is being waged at this moment between the Pope and the Sardinian Gov- ernment, under which the real point at issue is concealed, namely, that of toleration in general, together with the rights of Church property, and the suppression of mon- asteries in favor of the parochial clergy. An attempt will be made to give the struggle a religious coloring, by bringing prominently forward the question regarding marriage, while forgetting that the example of the neigh- boring countries of France and Belgium gives the lie to these accusations of irreUgion. Thus hei*e, too, we find a contest which can only end with the surrender of un- conditional pretensions ; and these are evidently in this case on the side of the hierarchy. The second point is that of education. On this ques- tion, also, before the present raising of their standard by the hierarchical party, a practical settlement which gave general satisfaction had been attained. With re- gard to the education of the clergy, all Germany, with Prussia at its head, had adopted the system of Joseph H. ; the clerical training to follow the general course of study in the national high school, the university to precede the episcopal seminary. Prussia, especially, had thoroughly carried out this system, with regard to the appointment of theological tutors at her universities, while observing all respect toward the rights of the bishops. Eome was acquainted with the system before and during the negotiations, and had nothing to say against it. In fact, its greatest crime in the eyes of the 156 SIGNS OF THE TIMES. hierarchy was, that its provisions left nothing to object to, so long as they were as yet unwilling or unable to prefer their unlimited pretensions. According to the prescriptions of the Council of Trent — the only ordi- nances respecting the episcopal seminaries received in Germany — the great episcopal seminaries for priests opened their doors to a young man after he had passed through the university under ecclesiastical superintend- ence, and thus received a preliminary training as a man ajid a citizen. Within his seminary the bishop reigned alone. The position in which these institutions stand toward the university, was not only unassailed by the clergy, but regarded with gratitude by the majority of them, as it was by the Catholic population in general In fact, the Governments had simply acted by the advice of pious Catholic bishops and jurisconsults, when they established things on this footing. The institutions they founded had raised the clerical profession from a state of ignorance and general contempt, to refinement and scholarship, and to corresponding respect from the public. The first Archbishop of Cologne, after the re- establishment of the see and chapter, found a seminary dating from the time of the French occupation, in which the larger part of the pupils could barely read the text of the LatiQ mass, far less explain it. Now, the pupils of the same seminary compete successfully with their Protestant fellow-candidates for the prizes given for scientific essays, and in other learned labors. With regard to popular education, things have taken a similar course. The reform in primary instruction, and the establishment of seminaries for schoolmasters, accom- plished by that excellent and pious ecclesiastic, Prince Bgon Von Fiirstenberg, and the system pursued in Prussia, are the fruit of the same spirit. They pursue EXPERIENCE OF BELGIUM. 157 the same end by similar methods and regulations. Why, then, are we suddenly told that all this is godless, an oppression of the Church, an insult to episcopal rights, a corruption of the Catholic people? Very simply, because since 1848 the Ultramontane party has thought itself strong enough to govern at will State and people, if it can but get the mastery over the clergy as well as the populace ; or because it despairs of ruling the peo- ple any longer on any other system. The blindness or absolutism of this faction is so great, that they do not even perceive that it is precisely the Catholic Govern- ments whom they endanger the most by the course they are pursuing — the Catholic States which they are under- mining, and the Catholic populations which they are lowering more and more in general estimation, and whom they will, in the end, exasperate and drive to despair. I pass over, at present, the clerical party in Belgium, who are somewhat incautiously boasting of the Catholic feeling of the nation, and of the share which their own body has taken in raising the nation to inde- pendence. They forget that the nation won its freedom under the banner of universal liberty. While a com- plete separation of the Church from the State subsists as far as regards administration (for it draws from the State the means of subsistence), the Government finds increasing support from the country against the pre- tensions of the clergy to the exclusive direction of pub- lic education, more especially from the majority of the leading men in the nation, and from the cities of ancient celebrity. As in France (whose code, including the organic ar- ticles of Napoleon's concordat, is in use in Belgium), the bishops are now seeking to contrive embarrassments for the Government, or, in other words, to purchase in- 158 SIGN'S OP THE TIMES. - tolerance bj their abuse of the right accorded to them, of appointing a priest to give religious instruction in the lyceums or public high schools. But it is clear that this means of coercion, like any other, must wear itself out by use. Meanwhile, the experience of this State during the twenty-five years it has been in existence, is altogether in favor of the free university of Brussels and the national lyceums, as compared with the Catholic university of Louvain, and the episcopal seminaries. The latter have hardly arisen above the corresponding provincial institutions of France, while the national uni- versity is rising more and more to the level of the age ; and even in the departments of mental philosophy and philology, may challenge comparison with the first uni- versities of Europe. In France itself, once the cradle of philological sci-- ence, and long the seat of learning among the Catholic clergy, the aspect of afiairs is yet more discouraging. The Ultramontane bishops have not been ashamed of the barbarism of endeavoring to banish classical studies as a homage, rendered to paganism ; and they have already succeeded so far, that the older French clergy can hardly point to one distinguished Latin scholar in their ranks, and in Greek not a single one. A more gener- ous spirit seems awakening in the younger generation, and they are not Ultramontane. It is this extreme party which has given the French Government so much trouble by throwing ol)stacles in the way of a fair and reasonable execution of the Code Napoleon. It barters to the Government and the prefects its co-operation in the educational institutions of the State, in return for the- unjust, and often positively illegal, exclusion of the Protestants from their benefits, and the closing of Prot- estant churches. It. is the moving spring of the attack ULTBAMONTANE BABBAEISM. 159 made upon the property of the Protestant Church in StrasbUrg — the foundation of St. Thomas — which was guaranteed to the Protestants by Louis XIV. himself, and solemnly recognized as belonging to them by Na- poleon I. ; an affair for the just and liberal settlement of which England and Germany look with trust, not un- mingled with anxiety, to the present emperor. But what is the character of the influence exerted by this party on the .popular mind, is proved by one circum- stance, among many that might be named, which took place last year in an important town of Burgundy. At the time of the cholera, the magistrates found themselves obliged to advise the six or seven wealthy Protestant families who resided there, to retire into the country while the pestilence lasted, because the populace (the same which in 1848 was red to a man) had been stirred up to burn them the next night in their houses, as an ac- ceptable offering to the Holy Virgin, who was visiting the city with the plague on account of the presence of those heretics. So much for education ! The third point for our consideration is the manage- ment of Church property. Here, too, it is easy to de- monstrate that an irreconcilable contrariety subsists between the demands of the Ultramontane party, the necessities of society, and the rights of the State. No description of civil polity can less afford to give way to these ijnlimited pretensions to supremacy than the Christian State of our day— ^the State which is working its way up from revolution and bloodshed to order, civil liberty, and mental culture, and endeavoring to raise it- self from poverty and financial embarrassment to pros- perity and power ; in other words, the Continental State of the nineteenth century, in so far as it is yet capable of life in the year of grace 1855. According 160 SIGNS OF THE TIMES. to the Ultramontanes, the bishops are the sole deposit- aries and administrators of Church property. So says the Archbishop of Fribourg, so says Bishop Ketteler of Mayence, so their juristic champion, the Baron von . Linde, the representative of the principality of Lichten- stein in the Grerman Bund. Prussia will perform the promises she has given with regard to the endowments, but she can not recognize the bishops and chapters as proprietors of the Church revenues. To do so would be as unjust toward the Catholic laity as it would be sui- cidal for the State. Catholic Belgium has no more con- ceded this than France. And Baden can as little con- cede it, as the State of New York can allow Bishop Hughes to be the sole administrator of a fund amount- ing to five million dollars. The public will insist on the Church property being managed by committees of lay- men, who, under the superintendence of the bishops, and in conjunction with the parochial clergy, will ad- minister the moneys belonging to foundations, and riender a public account of their expenditure. On the Conti- nent, also, and especially in Germany, these freer forms will have to be generally adopted. From ofScial tute- lage, an advance will gradually be made to administra- tion by Catholic corporations. We have asked for freedom. The bishops assembled at Wiirzburg in 1848 also demanded freedom ; freedom is what Bishop Ketteler calls for ; but only freedom for themselves, for the Church, i. e., for the corporation of bishops under the sway of Rome. They demanded the right of association when all demanded or possessed it ; they attempt to exercise it when all others have been wholly or partially deprived of it. Belgium and Sardinia maintain their ground against the storm, and withstand the machinations of this party WAR ON CONSCIENCE. 161 only by means of their legally established political free- dom ; for, during the last quarter of a century, constitu- tional monarchy has proved itself as mighty, as despot- ism has impotent, to sustain this contest. Belgium and Sardinia are flourishing, and develop daily new energy and vitality, while in Spain every thing is at the mercy of the next turn of the' cards, because an immoral and imbecile dynasty has for the last few years given ear to the reckless reactionary instigations of this party, and open civil war is impending. Which way, then, is the current setting? Is the hierarchy rising or falling in the balance ? Is canon law, in all its absolutism, the last word of the century, or legality with its liberties, of which the only secure foundation is liberty of conscience ? Freedom of con- science ! But it is precisely with the conscience and its liberty that the hierarchy wages the most implacable and deadly warfare. To consider this warfare and the Signs of the Times as exhibited by the recent cases of persecution in our own day, shall be the business of my next letter. LETTER VII. AND THE RECENT PERSECUTIONS. ' CHAELOTTENBEEe, June 29tb, 1855. Feast of St. Peter and St. Paul. The hierarchical celebrations of the centenary festival in Mayence, my honored friend, reached their close more than a week ago^ and without eliciting, as far as we have been able to hear, any remarkable sign of popular sym- pathy. We ourselves; however, will continue the train of meditation awakened by this festival, which we be- gan on the day of St. John the Baptist, with his solemn warning to repentance for our text. On this day, con- secrated to the memory of the two great Apostles, let us rise to the full light of apostolic knowledge. From the heights of a Scriptural acquaintance with the doc- trine aiid labors of these two princes among the Apostles, let us cast one free and joyful glance behind us on the original subject of our meditations, and on that eighth century, when the Church existed with all its members fully developed and organized ; and then let us turn to our serious work of to-day, and fix our eyes on the miseries of the present. First, then, let us draw an apostolic motto and in- spiration for meditations embracing so vast a portion of history, from the heart of the primitive Christian con- sciousness of these two great Apostles of the Lord. OUB MOTTOES. 163 When I strive to bring clearly before me the image of those two preachers of the Gospel, on whom so great a blessing rested, I behold men of the Spirit, moved by the purest love to man, who were persecuted evpn unto death, but who never persecuted, who did not revile nor curse their enemies. I behold Apostles and disciples who, through love and patience, overcame, first their own not unimportant differences of opinion with regard to the first forming of the Christian communities, and then the strifes between their several parties. In the words of the Spirit and of love, which they have be- queathed to us, we must inevitably find the best solution for our task. Yes, we will take their words with us as our guiding star on a road full of serious difficulties, and lying from time to time amid painful scenes. Our first motto from St. Peter shall be this : " Add to your faith virtue ; and to virtue knowledge ; and to knowledge temperance ; and to temperance patience ; and to patience godliness ; and to godliness brotherly kindness ; and to brotherly kindness charity" (1 Pet. i., 5-7). Our second shall be the passage where the Apostle applies the great saying of the Old Testament to the people of God and all Christians : "Ye are a chosen generation, a royal priesthood, a holy nation, a peculiar people ;. that ye should show forth the praises of Him who hath called you out of darkness into His marvelous light" (1 Pet. ii. 9). But from St. Paul we are content with the one saying, " Where the Spirit of the Lord is, there is liberty" (2 Cor. iii. 17). Such cautions and such guiding stars are indeed needed^ or' the thorny track of meditation for which we must now prepare ; for our present task is to display the ungodli- ness and immorality of religious persecution, to unvail the horrors to which it is afresh giving rise, and to reach 164 SiaNS OJ" THE TIMES. a point whence we may hope to behold the simple and infallible solution of our present perplexities. Let us begin, then, with St. Boniface as our starting- point. , Boniface fell a victim to religious persecution, if we assume, as it seems most probable, that the attack of the heathen Frisians was prompted by religious hatred. But Boniface himself made use of persecutions against Clemens, and delivered him over to the secular arm of Pepin, and to the prison in which he disappears from view. Aldebert, the other theological opponent of Boniface, escaped from confinement, and was found murdered by shepherds. Did Clemens die in prison?' History knows only that he vanishes from her scene. Boniface founded aii hierarchical system, from which more persecution has proceeded" than from any other — possibly only because it has been the mightiest ; the fact is incontestable. But even Protestant hierarchies have leagued with the power of the State to persecute. Thus the Lutherans persecuted the Calvinists, the Anglicans persecuted the Puritans. Under Cromwell, a Puritan Parliament for a few years imitated, but did not equal the hierarchies ; the execution of Servetus in free Geneva, under Calvin, is quite a solitary instance. The Lutheran clergy alone can lay claim to be ranked with the Roman hierarchy in what they have accom- plished — ^their limited power being taken into due ac- count. The Church condemns religious persecution in gen- eral ; her own is an exception, because she is right while all others are wrong. She washes her hands of blood. She herself never condemns to death ; but the laws in virtue of which the State does it are required, approved, RETROSPECT OF HISTORY. 165 brought to pass by her ; only so that her left hand knoweth not what her right hand doeth. The Pope does not desire a St. Bartholomew's night — ^probably he never even advises it ; but he celebrates its success by feasts and medals, and by adorning the princely ante- chamber with splendid paintings. Bossuet finds it quite natural that the Albigenses (and the Waldenses with them) should be burnt, and sees simple justice in the system of Louis XIV. toward the Huguenots, with its galleys and dragonades. And Bossuet was a pious and highly-cultivated bishop, the eloquent defender of the rights of his Church. Is religion, then, really persecution ? Is persecution really religion ? Is the zeal of an inquisitor really the natural consequence of the sincerity of his belief, and the earnestness of his heart? Is Christianity, there- fore, the religion of persecution, and intolerance the zeal of Christian faith ? Not alone the primitive records of Christianity, but all noble hearts among all nations and tongues cry with their myriad voices. No, and forever No ! The solution of the strangest of all enigmas lies here, too, near at hand in the human heart and its divine mirror, the world's history, for every one who believes in a moral order of the world. Let us then, my honored friend, befoi'e we have to speak of our age, of our German fatherland, of the very present day, look around for a moment on history. We shall then easily perceive that the principle of intolerance is latent in every existing religion, and in every religi- ous body, by virtue of the self-seeking principle in the natural man. But the divine deed of redemption from selfishness is meant to set man free from the rule of this principle in his nature. That a religion does this is the 166 SIG-NS OF THE TIMES. surest pledge of its divine origin ; that a State recognizes liberty of conscience — that is, the right of free religious association according to law — ^is an equally certain proof that it is a Christian State, while persecution, oppression, and coercion in religious matters must be held proofs of the contrary. It is very intelligible that the selfish principle of nature should be especially active in the field of religion. Every society within the State, every corporation, bears within it the germ of a temptation to concentrated self- ishness. The member of such a society may seem to others, nay, to himself also, to be acting in an unselfish, self-sacrificing manner, while he is really only minister- ing to a more intense selfishness, by regarding the society as an end in itself, insteaid of a means. But this danger is particularly great in matters of religion. Religion is the highest divine symbol of unity, whether in the household, the tribe, the nation, or the State. It is our God whom we defend or avenge when we are filled with zeal against those of an opposite faith. But to appropriate what belongs to God is the very essence of all selfishness, the true 'Fa^\l of man, who would fain be the master of goodness and truth, not their voluntary serv- ant. This danger grows with the deepening conscious- ness of national unity, and the civilization which attends this consciousness. The more religion is absorbed into the mind, and is conceived as essentially bound up with the moral law of the universe and of conscience, the more will the idea of purity and godliness become attached to our faith, and that of impurity and ungodliness to the faith of our opponents. They are our enemies because they are despisers of God — ^that is, despisers oi our God. Why, else, should they not worship him with iis 7 Thus the natural man calls his neighbors who speak another BIGOTET IN -EGYPT. 167 language ayXuaaoiy in contrast to fisgonsg dvdpojTroi • he scornfully calls them barbarians, in contrast to the intel- ligent human being. Hence, too, it comes, probably, that we find that the great nations of history, who possess a spiritual and maidy consciousness of God, have been more intolerant and given to persecution when they have .followed the b&nt of their natural inclinations, than races occupying a low place in the scale of civilization. The Egyptians, with their hostile local deities, differ- flig in every province, would have mutually annihilated each other, and rendered the existence of a national commonwealth impossible, had not their primitive union in the common worship of Osiris deprived this stubborn principle of nature — ^fostered though it was by their fragmentary and distorted conception of God — of much of its fanatical and barbarizing influence. Hence, in Hadrian's time, the killing of a cat could raise the'whole city of Bubastis in revolt against the garrison; for it was our sacred cat which the Roman soldier had killed. The belief in the goddess Pakht, whose symbol was a cat, could not be otherwise vindicated than by taking vengeance on the murderer, who had probably thought of nothing but ridding himself of a troublesome animal. It was not that it symbolized the powers of nature, as many ancient forms of worship did, but that it repre- sented in a symbolical form the consciousness of the eternal relation of the human soul to the Soul of the universe — ^to the merciful God who rules over the living and the dead — ^which made the worship of Osiris a bond of peace and unity, and gave it power to overcome the baser selfish principle. Possessing no such central consciousness, Phoenicia and Syria sank beneath the devil-worsMp of the child- 168 SIGNS OF THE TIMES. devouring Moloch. But this consciousness is neither new nor self-invented. Abraham found it already ex- isting, not only in his own heart, but in the pious tradi- tions of a primeval world. With an inspiration that was truly of God, because truly moral, he made the holiest treasure of his own heart the holiest possession of his household, which in the course of a century became a pecuUar people, through the free spirit of this faith in God. But hardly had this conception of God become the national religion of the Jews, when this people began to act and feel as though the God of heaven and earth were thei?- God only. What would have become of them without the constant assaults of the outer world, and the prophets awakened by their troubles, who exalted the spiritual and human elements in the religion of Jehovah above the formalism of the temple worship, and pointed to love as the fulfilling of the law ? And yet the last great historical act of the Jews, before their death- struggle with the Romans, was a murder of intolerance, followed by a fanatical religious persecution of the dis- ciples of Him who had been legally murdered with the forms of justice. Finally, Mohammed, from a heretic persecuted as an atheist, became the persecuting founder of a new re- ligion. The Arian races appear in very early times to have been remarkably enlightened but exclusive and persecut- ing people — ^the Medes and Indians, no less than the Babylonians and Assyrians. It can be shown that their wars were often religious wars, like that of the founder of the second Babylonian dynasty, Zoroaster, King of Bactria, in the twenty-third century before Christ. The most intellectually-gifted nation of the world, the Hellenes, with the Athenians at their head, were unable HELLENIC INTOLERANCE. 169 to conceive of religion without persecution. The Athenian people tolerated vain babblers and sophists, but it exiled Anaxagoras, and condemned Socrates to death as arf atheist. The humanizing and uniting principle of the Hellenic religion lay partly in its mysteries, partly in the sacred national festivals of the Hellenes, in which the national religion took the form of a union, and partly in the consciousness of God which philosophy had bestowed on her thinkers and citizens. All these were counteracting elements to the selfish zeal of persecution, and diffused a spirit of generous toleration and humane civilization. Toward the external world the Romans were, and always remained, a persecution-loving people, notwith- standing the union of different races iu religion as in civil polity which had taken place within Rome itself at the commencement of its history. But they showed this spirit less than the Greeks. When they first began to spread themselves abroad, they came in contact only with kindred forms of worship — above all, an ennobling and spiritual Hellenism. When tihey penetrated into the barbarian world they had already become too super- stitious, on the one hand, to be willing unnecessarily to make enemies of the strange gods, and too practical, on the other, to allow religious disputes to hinder them in the spread of Roman law and civilization, and in the possession and enjoyment of rich territories. Moreover, the stubbornness of the popular mind and faith had then already been broken down by contact with the Hellenic philosophy. Originally, within the limits of the Roman city, as later within those of the Empire, no strange faith was suffered; afterward the Jews, who worshiped without image or temple, and whose useful industry had spread itself through the Empire, obtained 170 SIGNS OF THE TIMES. legal toleration, and the same boon was finally extended to the Egyptian festivals. But intolerance was, and continued to be, the law against all principles that were fundamentally at variance with the national reUgioa. Centuries after that rehgion had died out in unbelief, or had been 'supplanted by Christianity, under the most Christian Emperor Theodosius, Rome's proud Senate required that Christian Senators should take a few grains of incense, on their entrance into the hall, and strew them on the altar of Vesta; for was not Vesta the symbol of our universal empire ! The ancient Teutonic races possessed a consciousness of God no less grand and intelligent than that of the Hellenes ; their deities were human gods — ^they were noble, high-minded, self-sacrificing, and kindly heroes, less bloody than that of the Kelts, or even of the Italians. The distinction of race with them, as with the Hellenes, broke down the narrow limitations of local superstitious rites and customs. -Yet they kept the latter strictly ; and it is worthy of remark, that we find among the Frisians a trait of the same sternness and barbarism to which Boniface afterward fell a victim. Shortly before the time of Boniface, the slaying of an animal for food on the safired island of Heligoland, where all living things had a safe asylum, had almost cost a Christian missionary his life, though the deed seems to have been committed from ignorance, not in defiance. But we no- where meet with a prohibition of the preaching of the Gospel, if unaccompanied by any contempt of national customs. The Teutonic races became Christians, and persecuted more bitterly than their heathen forefathers. Whence came this spirit of persecution, in spite of an advancing civilization ? TEUTONIC INTOLERANCE. I7I We must consider this remarkable phenomenon more closely. The Christianity of the Gospel and of the apos- tles could neither have awakened nor fostered this spirit, for it knew not as yet the doctrine, that persecution is the pledge of faith most' pleasing to God. It was as little possible in the days of Boniface, as four centuries earlier, in,those of TJlphilaa, that the Gospel could trans- form iuto a nation of persecutors, a 'people who were innately of a mild and kindly disposition — a people, as Tacitus says, distinguished by this very kindliness of heart from all others, and like only itself And the profound affection with which the Saxon races in partic- ular received the Gospel into their loyal hearts as a strong personal faith in the Saviour, is proved by nothing more touchingly than by the Saxon "Gospel history of the Lord." This work dates from the period immediately following the sanguinary proselyt- ism of the Frankish Charlemagne : it must have had its origin in this race, and certainly struck deep root there.* Thus at that early date the German people read the Bible, or at least the Gospel history. It was not those narratives which could have imbued such a people with the notion, that the words of the Keeleemer — " By this shall all men know that ye are my disciples, if ye have love one to another" (John xiii. 35) — applied only to those holding the same theological creed, whether Arians or Catholics, Roman or British proselyters and neo- phytes. It was not faith in the Gospel which could give rise to the belief, that the employment of fire and sword against men of different views was enjoined by Him who * This has been already remarked by Eettberg, i 247-252. Is there no one willing to make Scheneller's work accessible to the reading public ? 172' SIGNS OF THE TIMES. rebuked the sons of Zebedee wben tbey wished to call down fire from heaven on the unfriendly Samaritans, and warned them and said "Ye know not what manner of spirit ye are of" (Luke ix. 55) — ^namely, of the devil, the power of the evil' spirit of darkness which tumeth away from the light of God — which spirit is selfishness. The Bible did not teach them that secular power and meana of coercion by the help of the law, which beareth the sword for a terror to evil-doers, had been granted, with the right of authority over the con- sciences of the congregation, to the^ preachers and stewards of the glad tidings by Him who said to His disciples, "Ye know that the princes of the Gentiles exercise dominion over them, and they that are great exercise authority upon them. But it shall not be so among you : but whosoever will be great among you, let him be your minister ; and whosoever will be chief among you, let him be your servant." (Matt. xx. 25, 27.) ifor does the Gospel history teach that piety and saving faith lie in outward things ; and that Christ was commanding them ta exclude "and persecute as enemies those Christians whose ciistoms might dififer from their own, when He answered the question of the Pharisees, when the kingdom of God should come : "The kingdom of God Cometh not with observation ; neither shall they say, Lo here ! or, lo there ! for, behold, the kingdom of God is within you." (Luke xvii. 20, 21.) He who, while gazing on Gerizim, and beholding with His mind's eye the temple of Jerusalem tottering to its fall, could proclaim the worship of God in spirit and in truth, as that which must remain forever (John iv. 21, 24), could not have taught them to place th^ kingdom ofheaven ia one consecrated spot, for which they should wage through centuries a bloody war with its possessors. TEUTONIC INTOLERANCE. 173 The Pauline Epistles were early known to the con- verted Germans. With their hereditary faculty for the reception of spiritual things, they could scarcely have found a sanction for theological condemnation in that great apostle of the heathen, who says of himself and of others, " Why is my liberty judged of another man's conscience?" and who submitted himself to the judg- ment of this same . Corinthian congregation, when he says, appealing to the word and commandment of Christ, " Judge ye what I say." (1 Cor. x. 29, 16.) Since, then, these facts of persecution occur among them as among aU Eomanie nations, no explanation is left us but to suppose that it has been the intolerance of the- ologians which has made Christianity exclusive, and the German people persecutors; In the Gospel, nothing could be found to produce this result, but much to pre- vent it. Under Boniface, the Germans received from the priesthood, who ruled and instructed them, a, ready- luade system of theology, which had been put together in the course of the last four centuries by the schoolmen 'and bishops of Byzantium and Rome. But the great apostle of the heathen, whose memory we celebrate to- day, had left them a warning against all teachers who do not abide by the wholesome words of our Lord Jesus Christ, speaking of the "perverse disputings of men of corrupt minds, and destitute of the truth, supposing that gain is godliness." (1 Tim. vi. 3, 5.) Yet, as we have said, we find persecution early practiced by all the Ger- man tribes, and that in the name of the Saviour, and for the glory of God. • It would be wholly unjust to ascribe this corruption to the peculiar organization of the Roman Church ; it is the necessary consequence of the system of every 174 SIGNS OF THE TIMES. Church claiming unconditional rights. Did the rigid partisans of their Church among the Lutherans act otherwise ? Hardly were Luther and Melancthon dead, when the son-in-law of the latter, a pious and peace- loving' minister, who preached peace with Calvioists as brethren, was cast into prison ; and not' long afterward another was executed as a malefactor, with a sword in- scribed for the purpose with the words, "Beware, Cal- vinist !" And this took place in the very cradle of that Reformation which had preached the freedom of the Gospel, and sealed its testimony before God and man with the precious blood of martyrs. ! that the successors of those old Lutheran zealots, who are now again springing up in Mecklenburg and Prussia, would make a pilgrimage to Dresden, and there gaze on the bloody sword with which Crell was executed, and consider aright its bloodthirsty inscription ! ! that they would then look within and blush for them- selves, when they demand the power of the keys to en- able them to re-awaken the faith which has died out under their hands, and to unite the scattered congrega- tions under a new jurisdiction ! ! that they could see how their fanaticism betrays their secret want of faith in the sight of all, when they invoke the power of the police against a few poor Baptist preachers ! With Boniface, in particular, however, two great powers begin to play their parts in the world's history : an exclusive hierarchy, which absorbs the hereditary rights of the congregation, and overshadows the congre- gation itself ; and a stern intolerance of all theological dififerences. By intolerance (let me repeat it once more) we do npt mean insisting on their own doctrine as the only true one, for we leave this open to all theologians who desire ECCLESIASTICAL PERSECtTTION. 175 it ; but the enforcement of their doctrine within the domain of law, by coercion, persecution, penalties, and death. Every absolute Church necessarily brings with it per- secution. It denies the right demanded by the con- sciences of the individual and the congregation, namely, freedom of thought, and, what is the same thing, freedom of speech and of teaching, on the highest subjects of hu- man research and contemplation. This priestly and Church system equally denies the State, for it would make it merely the instrument of defending or avenging the prescriptions of the Church ; that is, devolve on the State the right of punishment. And it demands this servitude on the part of the latier as a Divine right which it were godless to withstand. Lastly, it denies the most Divine thing on earth — the conscience of the individual and of humanity ; it stigmatizes as profane the utterance of the conscience of society, that is, public opinion, and seeks to set aside, by prohibition or repeal, the judgments which the Spirit has given through his- tory — ^nay, the Bible itself. The same priesthood points to the persecution of Boniface by a heathen horde, aa a type of the persecu- tions now suffered by his folbwers, when the State re- fuses to recognize their unbounded pretension to a right of absolute sovereignty and stewardship. As though there were no other persecutions than those of which bishops have to complain, when they are called upon to respect those laws under which their predecessors lived in peace ! . As though there had ever been so bloody a persecution as that practiced by bishops and theologians, in virtue of their so-called Divine right ! Alas ! and they have practiced it, not only with prison and scaffold, on solitary thinkers and pious men, but with that silent 176 SI&NS OF THE TIMES. killing out of the Spirit, which, in the course of a few centuries, has brought- the noblest nations into a state of spiritual stupor or wild despair. After many sanguinary struggles, the power of cir- cumstances, working partly through treaties of peace, partly by absolute princely power, partly in the laws of free States, had consecrated the work of civilization, namely, religious toleration. This child of persecuted faith, and of an unspoken, yet widely-recognized bond of mutual toleration, which the spirit of charity to all men was silently bringing to pass in different Christian confessions, produced a ready co-operation and commun- ity of life between "them, along with other noble fruits of civilization. A great Catholic nation proclaimed per- fect liberty of conscience, in the very words of the men of freedom beyond the ocean. Two great Catholic sov- ereigns. Napoleon and Joseph II., proclaimed and car- ried into effect the -principle that religion may and shall be honored and efGcacious without persecution. And lo ! in our own days the demon of persecution suddenly rises from the abyss, and shows himself, not in one church, but in almost all — ^most especially, how- ever, in that of Boniface — and proclaims that oppression of conscience is a proof of faith, and that tolerance is the offspring of perditiMi, and is preached to the people by infidelity. I wish not to open old wounds ; but I must raise my voice, that those yet bleediag may be healed, and not new and more deadly ones inflicted. I must speak of facts which seem to justify the fears of millions, and to open an immediate prospect of religious wars and uni- versal ruin. It is now the atmosphere if not the era of 1617. Yes, the system which deluded and ignorant priests RTTSSIAN INTOLERANCE. - Jiyy — unable to read the signa of the tunes, careless of peo- ple or State — are now, consciously or unconsciously, preaching and practicing, must lead to religious wars, which will overthrow or shake^ to their foundations, many thrones that are lending themselves to this party, unless its progress can be checked now, even at the last moment. ■ Not that the spirit of the peoples is intolerant or per- secuting. There is no nation in Europe to whose spirit and leading energies this reproach could be affixed. The Spanish people has no desire for the Inquisition and auto-da-fes ; and the fanaticism of the old Russian party is directed, in its natural growth, not against the Church of the West, but against the State Church of Peter the Great, and the military synod which has supplanted the Patriarch. Nor are the absolute sovereigns of Europe and their princely houses distinguished by cruelty and love of persecution. In his private character, this could not be said even of that Sovereign who has recently been so suddenly summoned before his Judge ; and who, while his mental vision was most bounded, ruled with a might and sternness almost transcending human limits. Doubt- less, among the sixty thousand Protestants and the two million of members of the United Eastern Churches, who, in the course of the last ten years have been brought over to the Russian Church by delusive repre- sentations, by deeds of violence, by the imworthy seduc- tions of his priests, and officials, and policemen, there are myriads and myriads who accuse him before their own consciences and the throne of God of unheard-of wrong. The sufferings and sighs of the Abbess of Minsk have echoed through the whole world, and scarcely can all the dungeons, and pains, and tortures 8* 178 ' SIGNS OF THE TIMES. of Russia, have wholly stifled their sound within the country itseE And yet all who knew the Emperor Nicholas personally, agree ia saying that he himself did not issue those cruel decrees, and was to a great ex- tent unconscious of the sanguinary mode in which they were executed by his superior spiritual and secular officers. And surely his mild and gentle successor, the pupil of the high-minded and noble General von Mdr- der; and the truly liberal, pious, and cultivated poet, , Jukowski, is the last man of whom we need to fear that he would tread in the blood-stained footsteps of the late Government. And yet the cruel proceedings against the Madiai show us whither the princes are led by the principle of obtaioing, at any price, the friendship and support of Rome and the Ultramontane party, and of purchasing the so-called " peace of God" (that is, peace with the clergy) at the cost, if not of our own sense of right, of the law- of the land and freedom of conscience. Who would not do all justice to the personal character of the descendant of the humane and enlightened Grand Duke of Tuscany? Who does not know the mildness and humanity which render a residence in that ever-memo- rable and highly civilized country, so pleasant and de- lightful to both Italians and foreigners ? And yet, what heart does not revolt at the naked, unconcealed, undeniable fact, of cruel personal persecution of a wholly inoffensive couple, who were distinguished in their lowly calUng by the purest life and strict obedience to the laws, who held aloof from all political intrigues, and who have witnessed the purity of their faith by the martyr's spirit of patience in which they have endured their sufferings ? The Madiai were not the first nor the last victims of Ultramontane cruelty. But the proceed- DOMENICO CEOCHETTL I79 ings against them -w^ere the first-fruits that had met the public eye of. the new contracts with Rome, and of the concessions extorted by the latter as an atonement for the spirit of free thought inherited from Joseph n., and as a token of gratitude to the Pope for deliver- ance from the storms of 1848, by means of Austrian bayonets ! Hardly has the indignant outcry of Europe at these cruelties died into silence, ere new tidings reach us, from the same country and the same city, of an act of yet greater harshness. The documents connected with the proceeding will be found collected at the end of this book.* The facts there given are authenticated partly by official and docu- mentary papers, partly .by internal evidence, and the absence of any contradiction. They need no explana- tion. No legal form of justice is observed — no defense admitted — ^no witnesses are brought forward. This is no legal process such as that to which we owe, in the case of the Madiai, a defense that does honor to Italy. It is an inquisition, only conducted by secular agents — not by judges proceeding according to forms, but by underlings of the Executive Government. The police needs no rack, as it has no forms to observe. The issue is a harsh decision, summarily given by the Executive. On a Sunday morning, the 25th of March, apparently in honor of the FeasfrK)f the Annunciation of Heaven's grace to earth, a highly respected man, the father of a feimily, who has been but just arrested, is led away in chains to spend a year in the House of Correction. And why ? Because he had read the Bible with his children quietly in his own room — nay, had prayed there with them, and possibly may have confidentially * See Appendix A to Letter vii. 180 SiaNS OF THE TIMES. spoken of this culpable practice to aii inmate of tlie same house ! We grieve that the trial of Galileo has lately found a German apologist, who could reiterate all the old shallow gossip about the passionate obstinacy of that great man ; but what is the trial of GuUleo to this recent proceeding ? Martial law administered by the police in educated and peaceful Florence ! Would to God. that this were a solitary case, or at least that we had no instance of intolerance and relig- ious persecution to lament within our own country while celebrating the present festival ! But the urgency of the times, and the love of truth, and my confidence in the independence and justice of a great German prince, constrain me to speak of another instance of the same spirit, equally recent, and still more revolting, and to draw attention to the consequences of the unhappy con- cessions of our Governments to the boundless preten- sions of the Romish clergy — concessions inconsistent both with mental liberty and the dignity of the Govern- ments. The cruel treatment of a. Catholic of Bohemia, who has gone over to the Protestant Church, has been already brought before the public by both native and foreign journals. One Johannes Evangelista Borezynski, formerly a lay-brother of the Order of the Brethren of Mercy in Prague, and for twenty years physician to the institu- tion, had notified, according to law, before the Catholic Ecclesiastical Board, and in the presence of two wit- nesses, his conversion to Protestantism. As it was not concealed from him that such a step would never be permitted in Austria, notwithstanding the existing law of the land, but that he would probably be thrown into prison, he then crossed the frontier in all haste into JOHAKNES ETANGELISTA BORCZYNSKI. 181 Prussia. He came back provided with all the prescribed certificates and documents connected with his legal re- ception into the Pfotestant Church.* Trusting in the laws of the Empire, he returned, on the 29th of March, in all privacy to his native place — Prossnitz, in Mo- ravia, where he lived quietly in his father's family. And now turn to the oflScial records, and read the story of the cruel treatment of this man, who, how- ever, had not ceased to possess the rights of a subject, since it was as a subject that he was arrested by the State.t The proceedings of his late ecclesiastical superiors remind us of those well-authenticated narratives of the escaped nuns from Lithuania which filled Europe with horror ten years ago. The details are too revoltiug to be repeated here. I can vouch that the facts here given possess the greatest authority ; they are in part official. I will only remark that I must reserve the right of adding further particulars in case I should have occasion to announce Borczynski's death in the course of my sub- sequent letters. The world would have her own opinion of the affair, and the suspicion that the superiors of the Order had been alarmed at the possible disclosures of this man respecting themselves or their Order, would remain indelibly fixe'd on them by history. In Passion Week, that period sacred to all Chris- tians,' he entreats permission,' if not to celebrate the Lord's Supper with his fellow-believers, at least to receive a pastoral visit. The answer is mocking and cruel ; he wishes to do penance, then — ^he shall have the opportunity granted him of fasting for three days on bread and water. Soon after, he is cast into a dark cell, and left in the foul air of a dungeon. Is this an * See Appendix 0, ii. 2, to this Letter. t See Appendix B 182 SIGNS OP THE TIMES. example of Christian love or ecclesiastical humanity? Does it not rather look like priestly revenge, and a con- firmation of the Roman proverb, "A priest never for- gives?" Many weeks and months have passed since then ; his persecutors have condescended to insert a few words in defense of their conduct in the journals devoted to their party, but not a word of changing his place of confinement, or of alleviating the cruelties inflicted in that week of divine atonement, which must inevitably end' in his death, if they do not reduce him to the same state as his brutalized companions. Is there not among the inmates of this convent the monk Zazul^, who has been confined already twenty-two years, and is treated as a lunatic, b^ause he has betrayed a leaning to Pro- testantism ? But I look forward with you, my honored friend, to a better termination. , I am firmly convinced that if the powerful sovereign of German Austria, the youthful and knightly Emperor, can be made aware of these proceed- ings ere it be too late, he will not approve them, but exert his authority to bring them to a close. " To a Christian and German heart, the sympathy of Christen- dom can be no reason for withholding compassion. It is not thus we feel and think on this side the Alps. To a German heart, the respectful expression of sympathy and disapprobation is no crime. The Emperor will show that he is lord in his own land — ^that he is Emperor, and a German and truly Christian lord. Nor will he suffer a retrospective force to be given within his states to the possible provisions of any Concordat — I say pos- sible, for we know not yet what the Concordat contains, stilL less do we know with what reservation it may be published. The whole world knows what the Pope and the Bishops AUSTRIAN INTOLERANCE. Igg now demand, but the ■whole German nation knows, and all true statesmen know, that Germany never will be brought to allow her mind and conscience to be silenced in an age when free discussion and even free censure is admitted in all financial operations. Yes, it would now be impossible to bring to pass what was still possible under Ferdinand II., that every stirring of the trampled national conscience should be answered by prisons and torture, as it has been in Russia since 1826 ; or that the calm discussion of public questions, which concern all consciences and the very sanctuary of religious convic- tion, should be stopped by deeds of brute violence. Not Germany alone — ^the whole civilized Christian world is joined in a holy league against a return to such a course of action. If the public opinion of the world, which demands freedom of conscience and toleration by the law, had no other force. on its side than the eternal truth of maa's deepest feelings which underlies it, yet it could not long be set at naught by any save misanthropic sophists or reckless desperadoes. Nay, it does not be- come truly omnipotent over those who really or seemingly despise it, until it addresses itself to the sense of justice and personal honor in the sovereign himself. The prom- ises made by the reigning Emperor of Austria when he repealed the constitution live in his breast, in the sanctuary of his conscience ; and they shut out all pos- sibility of the recurrence of such cruelties, whatever may come from beyond the Alps. Borczynski will certainly find succor when the Emperor heara of his case, although he was a lay-brother. I hold the same conviction with regard to other in- stances of the same kind, of which we have heard during the last few years from difierent parts of the Austrian Empire, some of which have been discussed in the public 184 SIGNS OF THE TIMES. prints, and, as far as I know, have never been denied. The fate of Boyczynski is no isolated example of priestly persecution in Austria. Without adducing particular cases, which might be dangerous to those concerned in them, I will merely give the following fact from Hun- gary in the words (which have never been contradicted) of a public paper, edited by men of high standing, whose names are well known and universally esteemed. The Protestantische Kirchenzeitung of Berlin tells us, early in the present year, that the pious and gentle Archduchess Palatine (since dead) had presented some Bibles to her Protestant brethren in Pesth ; and a Bible society had added to her gift a few more copies, to be bestowed on poor youths and niaidens on their marriage and admission into the congregation. Thereupon the police steps in, requires the pastor to give up. the' Bibles, and presents him, a few days later, with a receipt for fifty-four kreutzers, as the price of the paper-maker's pulp into which those Bibles had been' pounded. The Word of God, acknowledged even by the Catholic doc- trine to be the sole rule of faith to Protestants, the pious gift of a princess of the Imperial House to the poor members of a Christian congregation, is hunted out and destroyed as if it were a book of blasphemy ! No doubt there was some police regulation which made this pos- sible : so much the worse. The writer of ~the . account from Hungary says, "This receipt says much." It does indeed say much. If all this happens before the Concordat — ^before the laws of Joseph, which have been blessed by millions for the last three generations, ha^e been supplanted by a new order of things devised to please Rome, what may not — what must not — ^happen hereafter ? And if any thing could arouse more indignation than PERSECUTION DEFENDED. JgS what has been done, it would be what has been said in its explanation and defense, since the press, including that of France, has, with a generous freedom of thought which merits acknowledgment, drawn attention to these cases. (The Augsburg Allgemeine Zeitung mentions at least the first.) Barati, the pastor of the parish in Florence to which Gecchetti belonged, had been charged with denouncing him to the Government, and of having done so even, perhaps, at the cost of violating the secresy of the con- fessional. He defends himself thus : " In order to justify my own share in the misfortune which has occurred to Cecchetti, it is necessary that the world should be made aware, that the priest is bound by the government to send in yearly a report of the condition of the sovfs under his cwre. Now, as this Cecchetti had lived four years in my parish without ever coniing to confession, I was obliged to inform the police of the circumstance. If the gensdarmes afterward visited the family, and found Diodati's Bible in his possession, it is not my fault." So the police chooses to be informed annually of the condition of souls, wTiether a citizen goes to mass and re- ceives the communion! What need of an Inquisition when we have a police ! But the priest deserves re- spect; he merits grateful thanks for having justified himself in his priestly character. Hitherto the case stands otherwise with the defenders of the proceedings against Borczynski. The Deutsche Volkshalle puts forth the following view of the subject in its number of the day before yesterday (June 19th, 1855, No. 137). The crime of the lay-brother Borc- zynski against his Order, it says, is to be placed on a level with ithe breach of the marriage vow, or the oath of allegiance by a soldier. It then enters into a long exposition, to show how much worse is the crime against 186 SIGNS OF THE TIMES. the Order than the crime of the perjured deserter or traitor within the army ; for which vow, it asks, is the most sacred — this or that ? Therefore a blameless man, esteemed by his very per- secutors, who has availed himself of the permission of embracing the Protestant Church which the law grants to every one who is not under sentence of civil death, and. therefore to the lay-brother among the rest — who avails himself of this legal privilege with all possible ob- servance of the forms of law, and without exciting noise or remark — who is charged simply with having so far confided in the Emperor's word and his own good con- science, as to return privately to his native place — this man has rightfully fallen under the penalties of the criminal law, as much as a convicted adulteress : nay, ought to be yet more severely punished than the traitor to his country who deserts his colors. He, a medical lay-brother, has broken his allegiance to his Order, and merely for the sake of his private conscience ; and no rights as a citizen or a man, no protection of the State shall avail him against the regulations of that Order (which has nevertheless made use of the police to re- cover their captive), against the commands of his late superiors, to whom he is a serf for life. Ecclesiastical . law is higher than the State — it is absolute ! The dignity of the State, the honor of the Sovereign, nay, the salvation of his soul, demand that he should "protect the Church" in these pretensions; and ere long he will solemnly have vowed to the Pope thus to protect her. The very shadow that the coming Con- cordat casts before it, brings down a punishment on the despisers of God; but the punishment of treason is death ! The editors of this paper believe, no doubt, that they PERSECUTION IN TUSCANY AND AUSTRIA. 187 are rendering a service to the Emperor of Austria in putting forward a defense like this, -which would better suit the men of the Univers. Similar, friends of the Emperor are wandering through the Rhenish provinces, and are impudent enough to assume the airs of agents ■ of Austria, sent forth to stir up the land for a great and sacred object at a critical moment. What a disgrace to the Imperial name ! And what honorable confidence in the sound judgment and the noble instinct of right in her Rhenish subjects does it not show, that Prussia suf- fers these birds of night to fly abroad unmolested ! Let this, my respected friend, be our first sermon on toleration, on occasion of the eleventh centenary festival of St. Boniface, in the second half of the nineteenth cen- tury. Seek to profit by it as you can, and farewell. P. S.— 6th August, 1865. THB LAST NEWS OF THE PERSECUTION IN TUSCANY AND AUSTRIA. We have just learned, through the public papers, that the representations of the English and French Em- bassadors in Florence have been successful in obtaining the commutation of the remaining eight months' im- prisonment of Cecchetti into exile. Every Christian and true friend of his race must feel grateful to those Governments and their representatives, and acknowledge the mercy of the sovereign's decision. You and I cer- tainly share this feeling to its full extent. But it can not make us forget two decisive facts. First, that the mercy of the sovereign only amounts to the "sorrowful privilege of banishment;" secondly, that the Imo re- mains unchanged for him, and, perhaps, a hundred other pious readers of the Bible. If on his return, after a day of honest labor, Cecchetti wishes to read the 188 SIGNS OF THE TIMES. Bible with hi3 children, and does not deny his crime when he is questioned, he may be once more put in irons, and thrown into prison in a felon's dress. Meanwhile, the prisons may be filled with martyrs in the same faith, of whom no one hears a word. All freedom of the press was long since at an end in the country^ who will stand up in behalf of the obscure victims of persecution, itt country towns and remote districts? Thus, on the 24th October, 1854, Eusebio Massei, an honest baker of Pontedera, near Pisa, was summarily arrested by the police, like Cecchetti, and condemned to a year's im- prisonment in the House of Correction. This instance was stated in the AUgemeine Kirchenzeitung of the 13th February, 1855, ia a letter from Florence, dated 20th of December, 1854. The man's crime consisted in searching whether Diodati's translation of the New Testament was really, as the priests said, a mutilated version. For this object he compared it with the trans- lation of the Archbishop of Florence, Martini, and found, of course, that Diodati had given a full and complete translation. It must be observed. that Martini's Bible is inaccessible to any poor man, as the only unpro- hibited edition contains the Latin text and notes, and costs nearly seventy francs. Everything is done, more- over, of late, to prevent the laity from reading even this edition. No other charge could be brought against Massei, except that when the cholera was raging in Pontedera, he had said that purification, and cleanliness of the streets and houses, might be more efScacious than the worship of the Holy Cross of Pontedera. On these charges alone Massei was brought before the police, and Condemned by them, according to. the san- guinary laws of 25th April, 1851, and the 14th No- THE SECOND EDITION. 189 vember, 1852, for "apostacy in matters of religion," ^^per defezione in materia religiosa." Who will be- lieve that this instance stands alone ? Thus, nothing has been done to alter the position of affairs. The persecution of Sweden and Meck- lenburg is the mercy of Tuscany — namely, ejdle. Thus does Rome revenge herself for her spiritual im- potence against the Gospel on the ground of freedom and justice. With regard to Borczynski we have since then re- ceived no intelligence but of fresh sorrows. His brother Ubaldus has been removed from Prague to Gortz — ^that means that he has been got out of the way. We shall hear no more of him. We have just learned that the same man last year spent seventeen weeks in confinement, because he com- municated his experiences in the Order to tKe Pope, and petitioned to be rele&sed from his vow.* He is now suffering for his sympathy with his brother's misfortunes. The Appendix gives our last letter from imprisoned Evangelista, xlated " the 25th June, in the prison of the Order of Mercy." Our hope is in the merciful God ; and, next to Him, in the justice and compassion of Borc- zynski's Imperial Sovereign. p. S. 2.T^THB SBCOlfD EDITION. November 6th, 1855. Our hope is fulfilled. Thanks be to God and to the Emperor, whose Government has suffered the captive to escape from the prison of the " Order of Mercy." About the 22d of last month Borczynski reached the * Frcmhfwfter Jowrnd, Appendix No. 2 to No. 169, 17th July 1855. For an account of the brother the Franhfwrter Jovmyd refers to the " Wahrer Protestant," voL iv., p. 13. 190 SIGNS OF THE TIMES. house of the Pastor Nowotny in Petershayn (in Prus- sian Lusatia), "still living, though almost a corpse," as a leter says. It was this pastor who, seven months before, had received him into the Protestant Church, and had watched his departure with anxious fears. m P.S.— August 25th, 1855. THE LATEST PBKSECUTIONS IN FRANCE. The Journal des Debats brings us word of the most recent and severe persecutions ; and this is taking place in France ! A highly respectable man, the father of, a family, is invited to show cause why the decision of a family council should not be carried into effect,, which would deprive him of his most sacred right, that of paternal authority, on the ground of his Protestantism ; and the proceedings are said to be founded on the Code Napoleon, the first principle of which is, that the law does not take cognizance of the religious confession of a member of any recognized religious body. The man's children, who are still under age, are to be taken from him, because he would have them educated in the Prot- ' estant faith which he has embraced. I give in the Appendix to this Letter the ofiScial re- port of the persecution in France, with the solemn promises made by the Emperor of Austria on the repeal of the constitution. LETTER VIII. HISTORICAL RBTKOSPBCT AND SOLUTION OF OUB DIF- FICULTIES ON THE BASIS OF A TBULY CHRISTIAN POLITY. CHAELOTTBNBEEe, July 25th, 1855. St. James's Day. My Respected Friend, A maxvelous picture of historical circumstances unrolled itself before our eyes, when, on the feast of St. Peter and St. Paul, we closed our meditations on. the relations of the hierarchy to the State, to the congregation, and to the conscience. Our reflections commenced with Boniface, and ended with his now liv- ing representative, and the fellows of that represent- ative. We began with persecution and left oflF with persecution, but the persecuted had become the per- secutors. , Thus we have reached the point from which, follow- ing the method we proposed at starting, we must extend our survey to a world-wide horizon, in order to see if, taking our stand on the groundwork of fact lying before us, and in the light of simple truth, we can attain to a practical solution of the perplexities which we have ex- hibited, and thereby approximate to an understanding of the signs of the times. Here, too, we shall borrrow the motto of our medita- tions from the apostolic recollections connected with the 192 SIGNS OF THE TIMES. day. If with some, in speaking of St. James, we think of the brother of our Lord, in after years the head of the Jewish-Christian congregation in Jerusalem, we can find nothing more to our purpose than two sayings of that pious man, which may well recur to us ofttimes in pursuing our path (James iv. 12) : " There is one lawgiver, who is able to save and to destroy; who art thou that judg est another? (James ii. 13.) For he shall have judgment without mercy that hath shewed no mercy, and msrcy rejoiceth against judg- ment." But as a motto drawn from the disciple James, the brother of John, in default of any words of his own, of which none are handed down to us, we will take that beautiful saying of his divine-souled brother, which con- cludes his First Epistle, and in which he warns the be- lievers to abstain from all idols, therefore from every thing unconditioned which is not God : " lAttle children, keep yourselves from, idols. Amen." Let us first cast our eye back over the course of historical development which has passed in review before us. St. Boniface dies — a victim, as it ap- pears, to religious persecution — ^because he is resolved to preach the Gospel of the love of God in Christ, and of the freedom of the Spirit in God. But Boni^e himself had persecuted his fellow-apostle of the same Gospel, on account of his creed. Clemens had been sent forth by another Catholic brotherhood, and Boni- face had no ecclesiastical jurisdiction over him ; while, as a Christian, he had no right to invoke the secular arm against him. He did go, however, for life and death, although no civil charge was brought against Clemens. He reviles him as a heretic and an impure man, because Clemens the Briton adheres to the system HISTORICAL RETROSPECT. 193 of doctrine and discipline whicli had been transmitted to his Church. In him, Boniface insults the whole British Church with St. Patrick at its head, which had remained stedfast to a more ancient phase of Christianity and theological science. The successors of Boniface, how- ever, left masters of the field, displayed still greater animosity as soon as they attained to power ; and in the lapse of centuries they find no more fitting expression for their fiery zeal than the stake. Dominic becomes a saint because he gives counsel to bum the Albigenses, although with some show of mercy ; eight hundred years later, we see this hierarchy invoking the secular arm, nay, summoning the majesty of the German empire to persecute German congregations because they ask for freedom of conscience, and to make war upon Ger- man princes Irith Spanish troops because they guaranty this freedom. And the summons is obeyed, although those congregations and princes take their stand on God's word, and preach the doctrine of personal faith in Christ as the Saviour of mankind ; although they pro- fess their faith in the creed of the universal Church concerning God and Redemption ; and although they refrain from all acts of violence and persecution. But the doctrine of the Gospel maintains its ground in the empire in spite of persecution; and the Protestant Church becomes free, after a bloody contest. And, behold ! only one generation later we see this Protestant Church ruled over by theologians who perse- cute their own brethren to the glory of God and his Christ, cast them into prison, and slay them with the sword of penal justice, because they are suspected — of what crime ?— of laboring to bring about an approxima- tion to the reformed doctrine of Calvin ; that is to say, they did not wish that a philosophy of the ccanmon evan'- 194 SIGNS OF THE TIMES. gelical belief which had not. been rejected by Melanc- thon, should be condemned as heretical ! Again, two generations later, we find both these bodies — the followers of Luther and those of Calvin — engaged alike in a thirty years' warfare with the adher- ents of the old hierarchy, which is leagued with Spajn and the Pope to exterminate the Protestant faith. In this struggle, the most fierce and sanguinary in the whole range of history, not even excepting the Social War in ancient Italy, we see Germany slowly bleeding to death. The fatherland of the Reformation loses its rank as one of the great powers of the world ; nay, it becomes little better than a desert, and sinks to the verge of barbarism, almost as much through the conten- tions and priestly narrow-mindedness of the Lutheran theologians, as from the attacks of the Pope, the Jesuits, and the princely houses under their influence. But, behold ! at the same epoch in England and Hol- land, we see the Protestant faith victoriously winning its freedom, and spreading itself beyond the Atlantic. Finally, in our own days, we see Protestant nations in a steadily progressive condition, taking the lead in the development of the world's history. We see their citizens, without any assistance from the State, nay, without any co-operation from the Established Church of England, proclaiming the word of God in all lan- guages, and spreading Christian civilization among the peoples of the earth ; training wild tribes up to form independent states, and self-governing peoples, and re- kindling sparks of noble life in nations apparently de- funct. But at the same epoch, also, when scarcely emerging from the struggle with a foe grasping at uni^ versal conquest, the priesthood steps forth again, after a period of deep prostration, as a candidate for universal CLAIMS OF UNITBRSAL DOMINION. 195 dominion, and soon puts forward its old claims with re- newed vehemence and increased inflexibilitj. This movement is led by the Catholic hierarchy, which we see nowhere looking for support to the people over whom it rules, but everywhere more and more to the governments and actual possessors of power, and leaning upon an educational society under clerical management, which proceeds by aggression, and is revived for this purpose by the Pope. Wherever its claims are con- ceded, this hierarchy demands and practices intolerance and persecution as its peculiar and divinely-bestowed right. It demands them as a condition of its existence, and'enforces them as the attestation of its exclusive pos- session of the truth. For, according to this party, if a theological system be true, and a discipline of Divine authority, it necessitates exclusiveness ; and a sincere faith will demand, in case of need, legal persecution and the extirpation of unbelievers with fire and sword ; while simple intolerance is made a universally binding duty on all believers. This hierarchy professes to rescue, to secure, and to defend the rights and liberties of Catholic populations ; and nowhere is it more hated than in ex- clusively Catholic countries. Nearly all the Catholic reigning houses, however, enter into alliance with it, support the papal Church system, and conclude con- cordats with Rome. But on this very account they are obliged to attach to the execution of these concordats certain protests and limitations which tacitly involve a denial of the unconditional claims of the Papacy ; and these limitations become the law of the land. Rome, on her side, protests against them, but the peoples fully concur in their necessity. Nowhere in these Catholic countries is there any hearty resistance offered on the part of the nation to the setting aside of such concord- 196 SIGNS OF THE TIMES. ats ; on the contrary, in almost all, we see them collapse amid the rejoicings of the people. The same hierarchical system demands infringements of the legally established liberties of the individual (which, in most cases, the princes have recently sworn to maintain with solemn oaths), nay, encroachments on the independence of the civil government itself. It calumniates toleration as the child of unbelief and indif- ference, and makes war on it in the name of God and the Gospel. It designates the demand for freedom of conscience as the offspring of anti- Christian and revolu- tionary ideas ; regards that freedom of speech and of the press, under whose shelter all the existing sciences have blossomed forth, as an " emanation of the spirit of de- struction ;" and the diffusal of those IJoly Scriptures, from which it professes to derive its own authority, is the greatest crime of all. The printing-presses close, and the prisons open their doors. The atmosphere of our earth resounds once more with the sighs and groans of innocent victims of persecution ; bayonets surround the altar and guard the throne of the absolute Spiritual Lord of Christendom ! Meanwhile, reigning houses re- gard the hierarchy as their best bulwark ; and, there- fore, hand over to its guardianship, to an extent hitherto imknown, the sanctity of the family— rmarriage, and the most sacred possession of society — ^popular education and mental culture. But not less mighty are the currents and counter- currents on the ecclesiastical domain of the Byzantine and Protestant Churches. There, too, the hierarchical spirit raises its voice against all toleration, as against all education of the people or clergy- which does not proceed from itself; and what is done by the clerical body itself in both these departments is infinitely less than what is REVIVAL OP. THi; HIERARCHY. 197 done in the Catholic Church. In Russia itself every movement is dependent on an unlimited sovereign who is at once Emperor and Pope. The clergy under his sway proceed against priests according to the severest canon law in the world, and put this law into force against all in accordance with the most cruel regulations of ancient Slavic barbarism ; certainly, however, making an exception in the case of those who can purchase their freedom by bribing the higher powers. What has saved the wealthy members of the old orthodox Greek Church in Moscow this year but their treasures ? * By such means the torrent of pure clerical violence is weakfened, but, at the same time, it receives an imperial color, and is sullied by a corrupt administration. How bloody that imperial color was under Nicholas we have abeady lamented. The counter-current is not only the hatred of the world (I mean of the nations), but within the bosom of the empire itself, the wild hatred, exalted al- most to fury, of the old orthodox against the State Church of Peter the Great. The working of the system on the clerical body during the late eventful reign, has been the extinction of the more liberal tendency, which, under Alexander, had brought the modern Russian Church nearer to the older Church, and thereby to the Bible and the Reformation. This tendency finds a noble representative in an historical personage, Plato, the Archbishop of Moscow, whose expressions concerning the Anglican doctrine, and Bingham's delineation of the ancient Church, have inspired De Maistre with such * The old High Church party among the Greek Church, who look upon the Patriarch of Constantinople as their rightful head, and the Czar as an usurper of the spiritual supremacy. They date from the time when Peter the Great made himself head of the Church. — Tr. 198 SIGNS OF THE TIMES. horror and alarm in his book entitled "Z>m Pape." Finally, 4;he effect of the system upon the people is the decay and downfall of the institutions for popular educa- tion which had flourished under the mild scepter of Alexander I. The Ministry of Public Instruction is called in mockery, the ministry for the public preven- tion of instruction. Alexander I. favored the printing of the Slavic Bible, and ordained its introduction into the family and school — as, indeed, had been the case with the clergy of the Eastern Church in general, who, wherever they have not been under the sway of the Imperial Pope, have always allowed the Scriptures to be in the hands of the people, and with blessed results. Some English philan- thropists have suffered themselves to be deluded by the tale that the yearly donation of the British and Foreign Bible Society (£4,000 if I recollect rightly) is now again, as an act of favor, allowed to be applied to the printing of Bibles. But the sum is simply_ appropriated to the Protestant provinces of the Baltic in which the Greek Church exercises no rights but those of conquest, and that contrary to treaty. Again, with regard to schools, people have read lately of their having been multiplied threefold (4,000 instead of 1,400 throughout the whole empire) under the reign of Nicholas. Instead of 71,000 pupils, there are now stated to be 207,000, and this is no doubt correct ; but it must not be forgot- ten that the new schools are either purely military, or else fettered institutions regulated on an entirely military footing, and that the same Emperor has done every thing in his power to narrow the circle of instruction in the gymnasia, or higher schools, into which moreover none but the upper classes have admission. The Bible is everywhere suppressed ; not a single Slavonic Bible, aa THE BIBLE SUPPRESSED. 199 I have said, has been printed since 1826 to the present day, in the whole of this enormous empire, and in a Church which has never forbidden the Bible to the people. No foreign mission is permitted, even among the Mohammedans ; while the Russian State Church has never made converts to any extent, even among pagans, without the help of the bayonet and the tap-room. Even the peaceful missionaries of the Moravians among the Tartars have been expelled. The same system of suppression of the Bible and every sort of popular education now prevails throughout all the Byzantine Churches of the East, and does so by means of the influence which Russia exercises over the bishops. These are her tools ; and the maintenance of her despotic power is the real object of the much- vaunted Christian protectorate of Russia. The same incubus weighs upon the national Church of Armenia, which, like ail the independent Churches of the East, reveals noble germs of life, and particularly in Etschmiadzin shows a leaning toward Protestantism. With great truth it has been said that these hopeful tendencies in the Christian Church of the Turkish Em- pire, especially the establishment of the Bishopric of Jerusalem and the schools and institutions connected therewith, togetiier with the wonderful progress made by the American missions, which have carried civiliza- tion and prosperity to the very borders of Persia, have not been without weight in hastening on the determina- tion to execute those plans of conquest so prematurely begun. We hear too that the American missions have been expelled through Russian influence from the countries around Lake Ooroomiah and the Persian Kurdistan. Things have taken a difierent shape among the Greek 200 SIGNS OF THE TIMES. nation aspiring to constitutional freedom, who, in spite of the deep traces left by their long servitude, and many unfavorable circumstances, yet discover an indestructible vital energy. The priestly party of the orthodox, stirred up by Russia, saw -with aversion the severance of Greece from the Patriarch of Constantinople — the puppet of two despots, and victim of a system of universal bribery and venality. This party recognized that a hierarchical domination of the Hellenie mind would jiot be possible without a Russian Csesaro-papacy in Greece. They, therefore, sought by every means in their power to shut out the light that was breaking in from the West, and to nip freedom of thought in the bud. Civil liberty, how- ever, and the noble sentiment jrervading the popular mind, preserved the possibility of a tranquil advance of learning, science and national piety. The noble and pious funeral oration of Kotzias in Athens (to select the most recent instance), pronounced in honor of bis great master Schelling, which has just fallen into my hands^ would alone suffice to prove that Greece has not fellen a prey to a materialistic philosophy ; and this condition of the Greek clergy is further evinced by their attitude toward science and education; with regard to which their behavior toward the pious American missionary, Mr. Hill, and his excellent wife, deserves a special remembrance. Thus if we survey the spectacle presented by the Oriental Church, here, too, we see intolerance and per- secution triumphant only through the aid of despotic power; while, in spite of the unfavorable conjuncture of the present moment, toleration and freedom of con- science, coupled with intelligence, moral earnestness and religious faith, are evidently destined to counteract them victoriously in the long run. THE ANGLICAN CLBKGY. 201 If we now turn to the Protestant Churches, the phe- nomenon of Puseyism in the Episcopal Church of En- gland and the United States only appears as a faint reflection of the hierarchic schemes of Rome, its proto- type; while it is met by a puritanic resistance of a thoroughly national type, and a universal aspiration after greater evangelical liberty. But to the praise of both parties, and still more to the honor of England, be it said, that the High Church clergy, where they have not gone over to Romanism, can not be called enemies to civil liberty, any more than their theological opponents, the Evangelicals, can be accused of a leaning to a Rus- sian Csesaro-papacy. After various fluctuations, many of the most eminent men of both parties are now agreed as to the propriety of admitting the laity to a share in the government of the Church, after the pattern of the reform that has taken place in the Episcopal Church in the tJnited States. But on this point the clerical party displays all the blindness of its hereditary absolutism. It is williug, as is said in. the resolution passed this month by the majority of Convocation, to "confer" the franchise on the laity, without dreaming that the latter can never admit that any such power resides in the clerical body. The consequences of this obstinate cling- ing on the part of the clergy to their imaginary right to government are seen in the indifference of the nation to their proposals. This hierarchical party demands from the Crown the authority to draw up and propose for acceptance a reformed ecclesiastical constitution, which it has no more right to do than the old French provinc- ial parliaments would have had to frame a scheme for a free constitution for France. As little does the right of acceptance, that is to say of veto, appertain to them. Besides, the nation would never regard any constitution 9* 202 SIGNS OF THE TIMES. emanating from them otherwise than with great mistrust, after some of the leading bishops have openly declared that, in any case, they must reserve to themselves every thing relating to doctrine (including, of course, the re- form of the liturgy), as they alone possessed a divine commission for such a work. No doubt they honestly believe that the Spirit was given to them in ordination for this purpose. The counter-current has hitherto exercised little more than a retarding agency. The laity and the parochial clergy are protected by the common law. The Bishop, can, indeed, canonically depose the latter, and exclude the former from the communion ; but the injured party has his action of damages. Thus, for practical purposes, the power of excommunication has entirely ceased ; and the clergyman is too certain that a civil action will be entered against him by common law before a jury, to dare to maintain Church discipline. The question is now whether it is still possible to convert this negative position of afiFairs into a positive one. To this end a mixed Royal Commission might be formed, composed of lay and clerical members, to draw up and propose a scheme of Church government in which the laity should find their place. That, if this be not done, the entire separation of the Church from the State will come to pass, and that by the instrumentality of a puritanic movement among the people, is already foreseen by many. Few, however, on the side of the Church, seem clear as to the mode in which this may be prevented, or so directed as to lead to beneficial results. When the due time comes, the problem will be solved, according to the circumstances of the day, by the public spirit of this Protestant nation, without spasmodic commotion, and in the way most favorable to the interests of religion. THE SAFEGUARDS OF ENGLAND. 203 But the fever of Puseyism which has infected the younger half of the clergy, and a part of the Univer- sity students, together with the ladies helonging to the upper classes, is already on the decline. The realities of life are dispelling it. The arduous conflict waged against Russia, with its solemn aspects for religion and humanity, its lessons and rebukes, and its illustrious examples of self-devotion among those who are not mem- bers of the Established Church (as in the case of the heroic and highly-gifted Florence Nightingale), has awakened all who are worth any thing from their dreams. Mediaeval phantasms vanish before such realities as the mist before the sun. Thus in Pitt's time the fever of Jacobinism was healed by the realities which called out a national and military spirit ; thus in the spring of 1848 the broad practical common sense of the middle classes proved the safeguard of the nation from the de- lirium of communism and socialism. Thus here, too, reality will deliver the English from the sacerdotal puer- ilities of Puseyism. Every thing that exercises a saving influence in En- gland : public spirit ; the sense of legally established civil liberty, as a closely guarded jew;el, as the very health of life ; the conviction that perfect freedom of conscience is alone in harmony with Christianity ; that every check upon this is persecution, and all persecution unchristian ; finally, the belief that in this unconditional religious liberty the ameliorating agency is really to be found — all this is wanting to that clerical tendency in Germany which corresponds to Puseyism. This, in adopting the title of Lutheranism, constitutes itself at once the heir and representative of the genial though one-sided piet- ism of the first thirty years of this century, while it makes itself at the same time the organ of absolute 204 SIGNS OP THE TIMES. monaxchical power and the priyileges of the feudal nobil- ity, and, above all, the advocate for the penal laws by which the external discipline of the Church was main- tained during the sixteenth 'and seventeenth centuries. A double police government is the ideal of this party, which is thereby not only drawing perdition down upon itself, but also threatening to deliver up Protestantism and the State into the hands of the Jesuits. That this tendency has completely got the upper hand in Meckr lenburg, where it is displaying all the old intolerance of the Lutheran hierarchy, arises from purely political causes. The people there are quite unleavened by this spirit, as much so as in Pomerania and Brandenburg ; what may appear as such is only an artificial excitement produced by the clerical or lay hierarchists. Meanwhile the free congregational and synodal organ- ization sprung from Calvinism, approves itself under the blessing of the Union in the Rhine provinces and West- phalia, by a process of steady and tranquil development. Holland and Switzerland present a similar spectacle. After many struggles — in Holland with the civil power, in Switzerland with an unbelieving democratic party — that liberal tendency has conquered, of which the no- ble Vinet was the apostle and martyr ; and with the ex- istence of liberty, a solution will be found for those diffi- culties which still remain. Thus in Geneva especially, the old evangelical body of citizens, the town of Calvin, will emerge victoriously from strife and division, while in the Canton of Vaud a better state of things has already been introduced which is based upon a secure foundation. In Sweden the Church has been kept freer from the power of the State than the other Lutheran Churches, but it has remained stationary in its earliest stage ; it is devoid of spiritual life, and defaced by police cqercipu. A COMPARISON. 205 which it has the unhappy privilege of using on its own account. How can we wonder, therefore, that in the Scandinavian people of Sweden a revival of spiritual life should be attended with convulsive throes, and threaten to degenerate into fanaticism ! How can we wonder that with such a national Church the Peasant's Chamber should be the great stronghold of intolerance, which retains banishment and persecution as the law of the land ! But the time can not be far distant when the Swedish people, with their clergy at tlieir head, will spurn this legacy of the same hierarchy, to break whose yoke they have for centuries poured out their hearts' blood with noble self-devotion and the courage of Chris- tian faith. Here, as elsewhere, civil freedom is about to demand and conquer religious liberty. On comparing the various pictures we have been sur- veying, we can not fail to detect an inward resemblance in spite of all their differences. All these phenomena in Asia and Europe maybe reduced to six simple propo- sitions : I. The absolutism of the State has strengthened the absolutism of the hierarchy, even more by its resistance than by its patronage ; for it has shown itself unequal to the contest, at least in the long run. n. Protestantism has nowhere developed itself vigor- ously, and exhibited a capacity for educating a people, ex- cept where the reformation of the Church has given birth to civil liberty as its logical and practical consequence. These evidences of vital energy and practical efficacy have exhibited themselves only in connection with the Reformed communities, but have done so there with such power as to afifect the whole course of history; while they have never anywhere been manifested in con- nection with the Lutheran churches. 206 SIGNS OP THE TIMES. III. Civil liberty has never displayed any vigor ex- cept -where it haa rested on self-government in the lower spheres of common life ; and this has never been possi- ble except where freedom of conscience exists. This freedom is based on the congregation, and the idea of a congregation has its root alone in personal religious self- determination. IV. The Hierarchy desires freedom of conscience only for itself, and instinctively combats it in others. V. Religious liberty has never yet led to political revolution, but its suppression often has. VI. Intolerance and persecution have neither brought blessings to governments nor peoples ; but they have been the greatest curse to Protestant governments, because in this case they have involved an intrinsic self- contradiction. Thus the congregation is the root, liberty of con- science is the soil ; but religious self-determination, the sense of moral responsibility, is the divine energy that causes the plant to spring up. That root which Boniface found already in a feeble condition, and did all he could to clip and dig away, seemed quite dead when the world was divided between Emperor and Pope, or Pope and Emperor. It was for- gotten in Protestant countries also, where the watchword was only Prince or Clergy. But behold ! suddenly it begins to bud afresh in every land, and manifests a re- newed and vigorous life ; not in self-destructive strug- gles, nor yet in mere isolated phenomena. Mankind feels that something new is about to be born into the world. This root of the Christian life in union, the Chris- tian congregation, is called by a term which the clergy have appropriated to themselves, and which has thereby lost its true meaning, the Chukch. This properly sig- THE BCCLESIA. 207 nifies the Christian people, regarded as an organized and well-arranged community, with its elders and serv- ants. The congregation existed before the Christian imperial, or papal power, and will outlive both. All that the clergy of Boniface say of the Church, is per- fectly true of the congregation, the Ecclesia ; which is brought forth and germinates wherever there exists a believing household; and has no limits -but those of our planet. Her faith builds up nations and States, but she has no fatherland but heaven, that is to say, the per- fected kingdom of the Spirit. In spiritual matters she knows no father {Papa) but God, no master and lord but Christ, no code but the Bible, no supreme tribunal but the universal conscience of humanity, which, re- generated by the power of that charter of its rights, is building itself up into orderly Christian congrega- tions. It is this Christian congregation of believers which in the camp of the hierarchists is called unbelieving and godless, and in the camp of the political absolutists, a set of fanatics. Why ? Because they desire toleration and freedom of conscience, and because freedom of conscience can not subsist permanently in human society without civil liberty. Only in connexion with liberty of con- science does the page of history present us with the free Christian congregation in victorious possession of its rights, and exercising a conservative influence on the course of history. With majestic tranquillity the Chris- tian Ecclesia advances to the reconstruction of a world, while absolute heirarchism, which condemns her as devil- ish, is found totally powerless to save peoples or States, though mighty indeed to draw them down to deeper and deeper destruction. Certainly, in these days a resus- citated hierarchy is exerting an increasingly powerful 208 SIGNS OF THE TIMES. influence throughout the greater part of the Western Continent, and even of our own country — nay, in one form or other, everywhere. The converts which it makes from skepticism easily fall a prey to superstition ; nay, many thinkers of eminence, and powerful govern- ments, are coming to doubt whether the hierarchy is not perhaps destined to rule the world once more. If it can not regenerate humanity, or remedy disorganized finances, it may yet, perhaps (so think many), bind up the bleed- ing wounds of the present, strengthen the hands of the governments, and bring the nations repose. The unprejudiced observer of human afiairs will not be deceived as to the true bearings of this conflict of principles, however it may be attempted to conceal them. That conscience acting under the guidance of reason, which we are wont to call healthy common sense, ^nd its most universal expression — public opinion — ^are now, once for all, steadfastly fixed on the actual conditions of civil society, and are becoming daily more capable of a mature judgment. But the conscience and common sense of the public will never allow them to be persuaded out of the belief that this is a question of "to be or not to be" for the Present; and of what is to rule and de- termine the Future. A presentiment of the approach . of the latter days pervades humanity almost as it did nineteen centuries ago. The temple of Janus was closed ; Augustus reigned without a rival ; the people withdrew exhausted from the arena. But do we see the reign of true peace — real tranquillity? Is Rome enteriag on the undisputed sovereignty of the world, or on the period of her own decline ? There came a voice out of Judsea, and where remained high-priesthood and the Empire of the Caesars ? Is it to be ebb or flood? forward or backward? up- FilLUEE OF THE HIERARCHY. 209 ward or down to the abyss ? This is the question in every agitated epoch big with great events, great recol- lections, and great expectations. Now»we know what a divine energy is latent originally in the Christian Congregation, namely, that of a free conscience. In this lies the power and the weakness of the hierarchical system. What it has suffered . to re- main of the congregational element is that which keeps it in being, despite its glaring defects ; the want of a free, self-responsible conscience, is that which weighs it down. K the hierarchical system be so firmly rooted in the affection of the Catholic populations as many believe, why can it be kept up only by means of Concordats that can not be enforced, and special privileges that can not be practically maintained? Why can it hold its ground only by the power of the bayonet, the ignoring of all historical science, and the suppression of all free- dom of speech and of the press ? Why must the noblest Catholic populations be cut off or restricted from med- dling with ecclesiastical matters — nay, more or less with intellectual subjects altogether — lest they should be carried away by the spirit of fanaticism ? As in nature, so in history ; a force acts only where it finds a vacuum in which it encounters no opposing force of equal magnitude. Nothing dies except from the absence of inward vital energy ; and every thing perishes by reason of itself, namely, by its own principle of self-seeking, which oversteps the conditions of its ex- istence through criininail arrogance or blind folly. , There is nothing which has been created and subsists as an end in itself, for its own sake ; but every single thing lives in relation to the Whole ; but that Whole subsists only by the free surrender of the individual for the common good. 210 SIGNS OF THE TIMES. Why was the eighteenth-century system of turning the body politic into a police-machine, unable to main- tain itself? Because on principle it sought its basis in the selfishness of dynasty and caste. Why could not the republic endure which rose upon the downfall of the throne in Catholic countries? Be- cause it was only an6ther form of the same selfishness, and contempt of the rights of others. Why perished the tolerance and religious freedom which was preached by the philosophers of the Revolu- tion? Because, like those men themselves, it lacked the deepest groundwork of all freedom — that of moral earnestness, and of true respect for that humanity whose liberation it proclaimed. Why did the metropolitan system of the Gallican Church and St. Boniface fall vanquished in its contest with the absolutism of the Papacy ? Because it had raised itself* at the expense of the Congregation. It fell by the very principle which, for a time, had given it power. Why did the freer system of the British Church vanish before the episcopal system of St. Boniface? Because it no longer satisfied the requirements of the Congregation and those of humanity ; because it could no longer fulfill its vocation in the world's history. Power is ever victorious over weakness; but if it be a selfish power, it conquers only to fall into deeper de- struction. Why did the Reformation in Grermany stand still after it had become the dominant religion in nearly every district of the country ? Because the theologians and nobles who guided the Protestant peoples did not unders&nd, or willfully disregarded their high vocation ; because they turned the divinely-bestowed possession of CAUSES OF ALL IlECAY. £11 the Congregation to their oWn ends ; because they denied their own fundamental principle. What in our own days has brought the mediaeval and Catholicizing "Romantic School" into vogue? The emptiness and wickedness of the eighteenth century. What has corrupted and overthrown this " Romantic School?" That it sought the future in the past — ^that it forgot the Congregation, its mother, and the Free Spirit, its father : it has perished because it disdained realities, and reveled in the dreams of its own imagin- ation, if it did not stoop to selfish ends of personal advantage. What gave Puseyism its power in Protestant En- gland ? The want of intelligence among the Evangeli- cals, the one-sidedness of Methodism, and the impotence of the philosophy of the skeptical eighteenth century. What has thrown Puseyism into the arms of Rome? Its toying with a conscious lie — with a self-seeking hierarchical principle on the domain of Protestant- ism. What has all at once given Lutheranism, already odious through its intolerance and bigotry, such an in- fluence among our clergy that the Lutheran pastors are rising up against their academical instructors? That many of these latter have forgotten or neglected life and reality; despised, too, in some cases, the poor of Christ's flock, and worshiped themselves and their philosophy as an ultimate end, instead of serving the flock of the Lord, when it looked up with wistful longing to those who held in their hands the keys of knowledge. What has shaken to its center the Evangelical Union in Prussia, and prevented its establishment on a firm foundation ? Not simply that in some instances proceed- 212 SIGNS OF THE TIMES. ings have been instituted against the Old Lutherans* ac- cording to the strictest letter of the law ; no, it is because in general the dictatorial system of Church government had lost the forms through which the Congregation with their Synods "would have been able to create what alone could have wrought any good ; that men tried to build the house of God without seeking for its living stones — to plant a tree without leaving room for its roots and branches to grow. There is one eternal law of the universe in all things — a law of love, but also of almighty power, which is at work in all these phenomena. But there are times when this divine law claims its right more loudly than is its wont — when the Spirit of God, moving through the ranks * The " Old Lutheran" party took'its rise in 183ft — many years after the Union had been in full and beneficial operation through- out Prussia — when Scheibel, a professor in Breslau, refused to use those formularies in the celebration of the Lord's Supper which rendered it possible for Calvinists to join in the communion. He soon found a considerable number of adherents, in spite of the king's repeated declarations that the Lutherans were not required by the Union to lay aside their distinctive creed, but merely to admit the Reformed Churches to practical Christian fellowship'; and the king, much annoyed by a movement which threatened the existence of the Union, endeavored to put a stop to it by measures of repression. These were more harshly enforced than he intended by the G-overnment oificials, and led to the banish- ment of Scheibel from Silesia; the incarceration of several miius- ters ; to the occupation of the Church of Hoeningen, in Silesia, on Ohristmas-day, 1834, by soldiers, to keep out the real congre- gation and install the new minister ; with other acts of persecu- tion. The king, whose advanced age rendered l^im timorous and unimpressible, did not perceive the gross injustice of these proceedings ; but on the accession of the present sovereign, the grievance was redressed by an act granting full liberty of worship to the "Old Lutherans," as a separate body frbm the "Evan- gelical Church." — Tr. FREEDOM OF CONSCIENCE NEEDFUL. 213 of men, is more visible and audible than in ordinary ages. These are the times in which things tend rapidly to restoration or destruction. Our age is such an fepoch — especially in our fatherland. Let us leave politics behind for a moment, let us not discuss the separation of Church and State as if this vrere the magic talisman which would give us all that we desire. Certainly many things do seem to tend that way, and it will surely come to that, if the present con- ditions of things do not answer to the wants of humanity, if they conduct to more hopeless entanglement instead of yielding a clew to the gradual solution of our per- plexities. But one thing now is needful — most urgently needful — ^namely, freedom of conscience ; that is to say, free room for the divine impulse to act in individ- uals and in the Congregation ; a recognition of the fact that any pressure exercised upon the conscience is rebel- lion against God. It is no longer proud toleration of error, but equality of rights on the domain of conscience, that must be granted. The protective forms of law, which afford free scope to every Christian community that proves itself to be a religious body, are at the same time the most effectual means of averting that Socialism and that subversive tendency in politics which here and there assume the mask of religious congregational activ- ity. Only under this banner is it possible to withstand every kind of absolutism which seeks to establish its supremacy in the domain of the Spirit by legal coercion exercised by the State or the Church. None but a free State can, with consistency, condemn arbitrary acts; none but a free State can succeed in establishing tolera- tion where it is wanting, transforming it into' freedom where it exists, perfecting in faith what has been begua in fidth, even if carried out by philosophers. 214 SIGiTS OF THE TIMES. Man can not live without breathing the vital air ; the Ecclesia of that Christianity which is one with morality, and works by moral means, can not live without the divine atmosphere of liberty of conscience. All desire to possess this liberty, and with reason ; but none should desire this divine treasure for himself — ^for his own selfish ends. Each should make himself worthy of his freedom by respecting that of his neighbor, and by honestly rec- ognizing the universal authority of the "royal law of liberty." From within outward must all change for the better proceed ; and the Governments which desire such a change must lead the way by setting a good example. The star which they have worshiped, the power to which they have bowed down, fades away with the dawning of the sun of liberty of conscience, the emanation of that divine Light which shone out on this world in Christ Jesus. The path of unconditional and unmeasured exercise of arbitrary power, which the spiritual power has entered on, will lead as a matter of fact, and by the necessities of its nature, to ever-increasing embarrass- ments with the State as well as with the individual. These embarrassments will call out more and more open resistance ; this will lead to harsher and harsher oppres- sion, from whence to despair and deadly strife the step is not wide. The world is no longer what it was at the outbreak of the great French Revolution. At that era, egotistic absolutism, and the most rigorous restraints on conscience proceeding from Spain and Rome, had brought mankind to the skepticism of despair, or the bitter mockery of a Rabelais. For this reason Christianity had died out in the nations. It may indeed have survived in individuals as a Thought, but not as Will, which can re-mold life and society. Moral courage and earnestness were THE ROMANTIC SCHOOL. 215 wanting, and the contest began on the pestilential soil of skepticism and moral corruption which the Jesuits and their abettors had left behind them. Such a soil could at first bring forth nothing but poisonous fungi, and it brought them forth. But a nobler growth sprang up with them, and gathered strength from the air of freedom. Now tlje case is far otherwise. The races of Europe are sighing for the Gospel and its peace, but also for its light and its liberty. " More light," was Goethe's last word; "more darkness," the first word of the hierarchy after its restoration. The Komanticists promised a golden future ; noble minds reveled in the poetry of a departed age, and idolized its defects and follies, while they looked down with contempt on the sober sense (sometimes, too, on the " common-place morality") of the eighteenth century. Sophistical historians whitewashed all the bloody men of violence and persecution, and cast suspicion on the heroes of freedom and humanity. Sophistical dabblers in politics taught that tyranny was freedom, selfishness, the true statesmanship of princes, and the State, a mere bundle of personal and separate interests. Others desired to make us believe (and did really find faith among great men and princes) that modern political economy leads to the dis- solution of the State, and is equally false and godless ; that closed guilds, monopolies, and prohibitory laws were the pillars of prosperity, and would restore the disor^ dered national finances to a healthy state. Adam Miiller based the three-course system of agriculture formerly in use upon the doctrine of the Trinity ! Mystagogues proved that the true history of all science and art, as well as religion, was mystical — a secret hidden from reason, and true from its very contradiction to her, According to this view nothing was so unreasonable as 216 SIGNS OF THE TIMES. reason ; but still there was a science of the Incompre- hensible for the believers in the Pope, which, soaring on the wings of mediaeval art, was destined in a few years to give the lie to a,ll the proud wisdom of the last few centuries, and convict them of impious error. History was turned into legend. Nothing was any longer cer- tain but what contradicted reason : -that the earth turned round the sun was called very doubtful among Protest- ant hypocrites or weaklings : while in France shining crosses in the sky, and letters of the Virgin Mary fallen down from heaven, claimed credence — and ob- tained it ! What has become of all these phantasmagoria? Des- pite them, the Parthenon has remained in its ancjent glory beside the Gothic minsters, and as a world-wide type for all ages, stands above them ; and the exaggera- tions of the mediaeval spirit are now found as ridiculous as those of the antique. The prophecies relating to science have proved themselves equally delusive with those concerning politics. Where are the historians who write German history, now^a-days, after the fashion of Frederick . Schlegel, or political economy according to Adam Miiller ?* — rpolitical jurisprudence, according to Haller ? — the history of ancient religions, according to Gorres ? or that of Christiajiity, according to Stolberg ? or biblical criticism, according to Hengstenberg ? There are, indeed, some who do so, but not one writer of note * Adam Miiller, author of " Ueber die Nothwendigleeit einer tlieohgisdien Ch'undlage der Staatswissenschafi wid Staatsmrth/- schafi," was bom at Berlin in 1779, and turned Catholic in 1805, after which he was much employed by Metternich, at Vienna, where he lectured and wrote on a new system of national and political economy, which, according to him, was based upon Christian princ^tles. He died in 1829. — JV-. EESULTS OF FREEDOM OF CONSCIENCE. 217 — ^not one who has a seat or a voice in the republic of letters. Such a journal as the Univers can maintain itself only on the field of skepticism and religious indif- ference. And what has become of those who wished to convert the people without the Bible ? and make them obedient without will? and learned, without mental freedom? Do the governments which have re-established, or at least are favoring the Jesuits, come to that Society when they want to re-animate science which has died out in their countries, and implant learned culture afresh? There is no Strength without Freedom : that is the lesson taught by all modern history and recent politics to our governments. There is no Freedom without its due Bounds, therefore without moral earn- estness and the love of the Gospel, which alone can assign its rightful limits. That is their lesson for the peoples. The licentiouaiess of the democratic element in the popular movements of Germany has bliiided the eyes of many to a truth which in 1848 was undisputed and un- mistakable, namely, that the retrograde movement in the world of thought which began in 1821, is strongly and increasingly on the decline, and must decline there- fore also in the regions of politics and religion. But the fall force of the counter-wave will be felt all the more powerfdlly the more unexpectedly it overtakes us. This is my profoundest conviction, and I doubt not, yours also, my honored friend. But even those who do not share it with us, ought on that very account to join with us on the matter of freedom of con- science. Where has this led to revolution? Where has restraint on conscience ever issued in the tranquil- 10 218 SIGNS OF THE TIMES. lizing of toe people and the lasting restoration of the governments ? It is as superfluous to demonstrate the morality and reasonableness of freedom of conscience and religious, toleration fi>r those who enter on the consideration of the subje'ct in good faith and earnest thought, as for those who will listen to nothing which run» counter to their prejudices, or (what is worst of all) their personal and corporate standing. He who will bare a church must build up a congregation ; but the stones of the edifice are the free ccmsciences of the individual be- lievers. The whole structure rests upon personal piety ; therefbre, upon respect for conscience and faith in God's free Spirit. If any will not hear the voice of the Lord and his disciples, nor yet that of his own conscience, we refer him to the earliest and the latest martyrs of relig- ious liberty — Barclay and Vinet. If he be a speculat- ive philosopher, to Kant, Fichte, and Hegel also, or even to their seeming opponents, Rosmini* and Gioberti — ^may whose ashes rest in peace, and their memory be blessed ! As with the Gospel, so with modern German philosophy the State is the highest realization of the * Since Rosmini is not so well known in England as the Abb6 Grioberti, it may be as well to mention that he was the author of some philosophical works, for which Grioberti attacked him in a special treatise, "Degli errori filosofid di Bosmini." While Eos- mini's semi-clerical philosbphy was considered, on the one hand, perfectly sufficient to overthrow Grennan philosophy, it neverthe- less gave umbrage to the Roman Pontiff by its liberality. Ros- mini accordingly recanted any error into which philosophy might have led him, and retired into a convent in Lombardy, with a number of devoted followers called Rosminiani, who gave them- selves to preaching whenever they were asked to do so in churches. He died last year in Lombardy, and by a large num- ber of the clerical party is regarded as a saint. — Tr. MAERIAGE. 219 moral idea, and religion has its divine root in the moral, therefore free, unforced, conviction. If, finally, he be a student or writer of history, let him read the co- temporaty memoirs of the last three hundred years as living fiicts and testimonies for the respective influ- ences of religious liberty and religious oppression on nations. And now, since I have made this open confession of faith (or rather renewed it, for I have never had any other faith than that of freedom), I will with good coilrage go straight to the heart of things as they are. We found in our former meditation in what an irrecon- cilable antagonism the absolutism of the State was in- volved with that of the Church, and we are brought by the history of the conflict itself to the conclusion, that the disappearance of the Christian people as the organ- ized Christian Congregation, and of mental freedom as the vital air of faith, may be considered as the funda- mental origin of this internecine strife. If our view be correct, the way of escape must be clear, and the solu- tion of the problem easy in all Christian States, whether the complete separation of the civil government from the ecclesiastical take place or not. By finding a solu- tion, I, of course, refer only to the laying down of first principles ; the world-wide scope of our present problem of itself precludes our following out these leading prin- ciples into their special applications. The first dispute we encountered was that concerning MARRIAGE ; and here there are three points in particular which present difficulties to the legislator: first, the RELATION OF THE StATE TO THE CONTRACT OF MAR- RIAGE ; secondly, its relation to the dissolution OF marriage ; thirdly, its relation to mixeb mar- riages. 220 SIGNS OP THE TIMES. The principle of solution with regard to the contract- ing of marriage was first broached by Napoleon ; Peel's application of this principle in England is insular in its character, resting on entirely peculiar historical rela- tions. The Episcopal Church alone has power to cele- brate marriages for all sects alike ; in the case of Catho- lics and Dissenters all that is required is for the bridal pair to make a very simple declaration before the civil registrar. Several States of the American Union have gone ftirther still, but in them there exists a complete separation of Church and State. Thus, again, England has no civil legislation with regard to the dissolution of marriage. Her tribunals recognize nothing but the canonical laws of the Popes, which know no divorce, but, on the contrary, cause the parties to swear that they will not suffer themselves to be divorced. But since Charles the Second's time, the custom has gradu- ally crept in (as regards the rich, that is to say) of ap- plying to the Upper House in cases of adultery— only that of the wife, however — in order to obtain a divorce by a private bill : a privilege in the old sense of the word. A legisktioh so replete with self-contradiction is by no means calculated to supply the deficiency of the civil code ; and the introduction of judicial divorce ia accordance with the precepts of the Gospel, which is al- ready proposed, will be the forerunner of wider reforms in civil legislation. Napoleon's system, of jurisprudence is a model as re- gards the recognition of the independence of religious from civil legislation : the State can dissolve only that which it has sanctioned, namely, the civil contract of marriage; the Church retains her right to exert au- thority within her own domaia — ^that of conscience and morals — even by exclusion from the pale of her com- THE CIVIL MAERIAGE. 221 munion, according to her laws. la establishing this principle, Napoleon was treading in the footsteps, not alone of Solon and the twelve tables, but also of Abra- ham and Moses, and the laws of the ancient Christian Church. He put an end to an encroachment on the part of the ecclesiastical law which had taken place during the mediaeval chrysalis-period of Christianity. On this point, too, his Code is greatly superior to the Prussian Code, which makes the priestly benediction a condition of the validity of a marriage, and yet dissolves this religious marriage, regardless of all ecclesiastical law or moral earnestness. It must not, however, be forgotten that this moral laxity subsisted in the practice of the German law long before the Prussian Code was framed. The German jurisprudence had not indeed reached that contempt for marriage which constituted the exclusive glory of Poland and Venice, where a show of force in the solemnizing of the marriage was permit- ted to take place in order to form a ground for proving it invalid subsequently. In Protestant Saxony, how- ever, for instance, any marriage could be set aside at will, on the plea of divorce for adultery, or forsaking with malicious intent, by a criminal understanding or collusion- between the parties; The corruption thus en- gendered was so great that it was thojight less immoral to facilitate the obtaining of a divorce by honest means than to have it obtained by lying and perjury. With such laws it was a great inconsistency, a contempt for the Gospel, an insult to the Congregation, an unex- ampled piece of tyranny toward conscientious clergymen, that the law required them to treat a marriage, dissolved in contradiction to every Christian precept, as non- existent, and to pronounce the benediction on a fresh marriage, which, according to the undeniable precepts 222 SIGNS OF THE TIMES. of the Gospel, was mere legalized adultery. But the solution of these difficulties is to be found only in a civil marriage. Equally inconsistent, however, is the in- validity established by usage in the French courts of law (it is not so in the Belgian) of a marriage contracted by a man who was formerly a Roman Catholic priest. But the prohibition of divorce (by the law of 8th March, 1816), which was iutroduced at the Restoration, dis- turbed the whole of the laws relating to marriage, and was besides, for the Protestants, an insulting oppression on their consciences. By this measure the Government of the Restoration not only evinced its servility to Rome, but also proclaimed that the Bourbons had less faith than Napoleon in the vital power of the Catholic Church. They believed as little as the papal clergy that the Church would be able to maintain itself against the operation of the civil law. Had moral earnestness been the motive for this change they would have adopted a stricter standard with regard to the grounds of divorce admitted into the code. The abrogation of the thoroughly immoral ground of "mutual consent," which holds out a temptation to levity ia the contracting of marriage, and lowers matrimony to the level of concubinage, had found universal approbation. It was, moreover, from this unbelief in their own Church that they gave the Protestants no legal remedy against the operation of this law, which was entirely in opposition to their own con- sciences; it was feared that to make an exception in their case would lead thousands over to Protestantism. The experience of Belgium and the Rhine provinces, in which this Bourbon-papal mutilation of the Code Napo- leon has not taken place, testifies for the power of a free conscience. According to the conscience of all Christian nations DIVORCE. 223 marriage can be dissolved by death alone. But the majority of Christian nations,, both in the East and West, consider at this day, with the Gospel and the ancient Church, that death ensues as regards the mar- riage contract when the wife betrays the sanctity of paternity intrusted to her keeping — ^and it is this alone which is called by the ancient Christians, as by the. Jews, adultery. But it ia an equal crime when the husband does not afford the protection he has promised, but breaks his feith as a husband and master of a family, by forsaking his wife with malicious intent. In both cases the natural consequence can be nothing else but entire civil death, extending to the devolving of the estate upon the next heirs during the lifetime of the parties, and incapacity to enter into a fresh union and beget legitimate issue. But the great and wealthy have found the Christian yoke too hard, and thus, after the degradation or annihilation of the Congregation which has crept in, in the civil as well as ecclesiastical sense, during the course of centuries, they have endeavored to evade these consequences of crime by immoral juristic quibbks and legal iniquities. This is the clear doctrine of the Gospel and Apostles, which I have long recognized and professed, in opposition more especially to the inclination sometimes shown to touch the laws relating to marriage with the profane hands of police regulation; and probably I may have occasion, before long, to come before the Church with a fiirther exposition of these principles. The solution of the problem from this point of view is very simple. The State may either bring its action into harmony with this evangelical view, as will probably be the case in England, or it can, after the example of the French and Prussian codes, open the door to a somewhat wider mode of meet- ing the difficulty. As regards the grounds of divorce in 224 SIGNS OF THE TIMES. the dissolution of the ciTil marriage, the Code Napoleon ha3 clearly hitherto maintained; a higher moral position than that of Prussia. But I must hra-e repeat that the ground taken by the latter was, to a great extent, a mere attempt to set bounds to the immorality, shame- lessness and ungodliness to which the higher classes had abandoned themselves previous to the gr^t French Revolution. Their immoral grounds of divorce found neither approval nor imitation in the middle and lower walks of life, till the poison had gradually oozed down from above. The French Code, likewise, is stained with the permission of divorce by mutual consent; but a divorce on this ground which turns marriage into con- cubinage, can take place only under circumstances which make it very difficult to be obtained. On the other hand, the project of law which was laid before the Prus- sian Chambers last year by the Government, places our code above that of France ; and it is only to be r^etted that that, as well as the stricter project introduced by Stahl, both suffer from the curse of police interference. The State has no right to raise an accusation which the injured husband or wife does not raise. Ko one will expect any blessing to result from giving the police power to protect the sacredness of marriage and punish its infringement, who has seen, in the ecclesiastical pattern-State of Rome, how easily wili hypocrisy it can be abused to the perpetration of the greatest iniquities. The sins of the poor are visited, while the often far deeper crimes of the greatest and highest in the State remain unchastised. We turn to consider the various attempts that have been made hitherto to establish a friendly relation be- tween the civil and ecclesiastical mamage. Wholly irreccmcilable with the main object of the civil marriage CIVIL AND ECCLESIASTICAL MARRIAGE. 225 as mstituted by the Code Napoleon, is the arrangement proposgd by Kome, and introduced in some places (rec- ommended ako by M. Thiersch, junior), of causing the civil ceremony to take place after, instead of before, the ecclesiastical. By this plan the obligatory character of the religious service, -which it was the object of the State to remove, is restored, and the State undertakes duties ■without possessing rights. The same defect appears in the proposal of the majority of the Sardinian Senate, that the civil marriage should take place only where the parties are not Catholics. With respect to the naturalization of the civil mar- riage in Germany, various plans have been proposed. Some would only allow the civil marriage to take place in case of necessity: thus, for instance, when the Church benediction is refused. No scheme can be more unworthy and more ineffectual. If the State recognizes the civil marriage as legally justifiable only in caae of necessity, it degrades its own act; while the Church has, notwithstanding, right to complain of an infringe- ment on her province. In Baden, where the Code Na- poleon is the law of the land in civil matters, the civil magistrates do no more toward the marriage-contract than to set forth a document, notifying that there is no longer any impediment to the marriage. This is to de- grade the act of the State to a permit from the police. Neither can I regard it as expedient that in Baden the clergyman represents at the same time the civil func- tionary, by reading the articles concerning marriage to the bridal couple in the vestry. In the Church the clergyman should know no code but the Bible — no moral precepts but those of religion ; he is not the mouthpiece of the law, but of conscience. And this practice is very generally felt as a grievance. How, then; is it to be ac- 10* 226 SIGN'S OF THE TIMES. counted for that even so circumspect and intelligent a judge as the author of an instructive disquisition " On Civil Marriage in its relation to the Church" (inserted in Cottars Vierteljahrschrift for 1850) should yield to the prejudice that the introduction of civil marriage would wound the religious feeling, more especially of the Protestant population ? Evidently the main cause is, that he has no faith in the Ecclesia, which has here hecome invisible against its will- He constantly sees nothing beyond the political machine of police and offi- cials, with that dependent institution which it calls " the Church." From this point of view he is perfectly right, when he says that the practice, retained for instance in Wurtemberg, of consulting the ecclesiastical dignitaries in all proceedings relating to marriage, has proved its.elf wholly inefficient. The annihilation of the idea of the Congregation is altogether the weak point in the marriage-law of the Code Napoleon. The Maire, who answers to our vil- lage magistrate or burgomaster, is, in most cases, no worthy representative of the majesty of the civil com- monwealth, which we call the State. The sacredness of the Church is, with regard to such a ceremony, repre- sented by the meanest of her ministers, but the majesty of the State is not by its lower functionaries. The reading of the admonition prescribed by law, is in itself a solemn ceremony, considered as the voice of the State, which, by this act, places itself in subordination to the Divine law. It recognizes thereby that it has found marriage existing, and derives ite own beiag therefrom ; and its exhortation to the parties to consider, with due gravity, the importance of the step they are about to take, is its homage to the law of Grod, standing above all human regulations, which has its seat in the conscience, MIXED MARRIAGES. 227 and to the eternal moral order of the universe, of which conscience is the revelation. But it is, at the same time, a recognition of the Christian Congregation. Thus, among the English Anglo-Saxons, the porch of the house consecrated to the spiritual use of the congregation, was chosen for the solemn celebration of betrothals (called in North Germany Winkop — Weibkauf*^. That mag- nificent and unique formula of the marriage vow, whiclj now forms a part of the English Church Service, is of indigenous origin, and derived from Grermany ; Tacitus knew it, and mentions it with admiration, f It would be well, therefore, if the civil marriage were only allowed to take place in the more considerable towns, while the magistrates or burgomasters of the village to which the parties belong, with other representatives of the peas- antry or citizens, should also be present as witnesses. No one would object to the trouble or expense of such a bridal procession. With respect to mixed marriages, what was more es- pecially understood by this term in the good old days of Lutheranism, was the marriage with members of the Ee- formed Chuch. In one of the recent numbers of the Darmstadt Allgem,eine Kirchenzeitung (7th July), a worthy man expresses his horror at the exploded fanat- icsm of a Lutheran pastor in Bavaria, who, glorying in his narrow-mindedness and priestly self-conceit, has (evidently with a side glance to the present) picked out * The purchase of a wife. t Tacit. G-enn xviii. "Ne se muKer extra virtutum cogita- tiones extraque bellorum casus putet, ipsia incipientis matrimonii auspiciis admonetur, venire se laborum, periculorumque socius, idem in pace, idem in pi-celio passuram ausuramque, hoc juncti boves, hoc paratus equus, hoc data arma denuntiant. Sic viven- dmn sic pereundum : accipere se, quas liberis inviolata ac digna reddat, quse nurus accipiant, rurusque ad nepotes referant." 228 SIGNS OF THE TIMES. of the dust of the Church Archives, " as a flower of the Church," the account of the conversion of a Calvinistic lady of the seventeenth century, in which she submits to adopt the Lutheran doctrine of the sacrament, and there- upon becomes the wife of the Lutheran pastor who writes the account. The writer of the article might find a pas- sage in CarpzoviuB, which runs thus : ' ' The marriage [of an orthodox Lutheran] with a Catholic is not indeed attended with the disgrace which attaches to the mar- riage with a Calvinist, still it must always be regarded as a subject of regret and disapprobation." This was written in the time of the Thirty Years' War ! And such miserable stuff does the ill-advised priestly paii;y rake up from the ashes of the past to rekindle evangeli- cal faith, or rather confessional bigotry ! "We term mixed marriages those between Protestants and Catholics. With regard to these, it is universally acknowledged that the participation of the State, to a certain , extent, is indispensable as a defense against hierarchical oppression, and for the sake of domestic peace. The regulations contained in the Prussian laws on this subject, appear to correspond the most closely to the dictates of reason and justice. They may be re- duced to two points : No constraint shall be exercised either by the State or the clergy ; the father and mother alone shall decide : Compacts between parties betrothed to each other can not be made the ground of complaint agaiQSt the father, who is regarded as the head of the family. Thus the State does not require the Catholic clergy- man to perform an act which he is forbidden to do by the laws of his Church ; but it forbids him to commit an offense against the laws, by demanding any promise from the bridal couple with regard to the children that may NATIONAL EDUCATION. 229 be bom to them. Tlie remaining difficulties will disap- pear on the introduction of the civil marriage, but only thereby. With regard to the marriage between Christians and Jews the most advisable course appears to me to consist in the application of a just and wise maxim of the Prus- sian Code. The maxim is as follows: "A Christian can not contract marriage with such persons as are pre- vented by the precepts of their religion from submitting themselves to the Christian laws of marriage." This maxim, however, clearly justifies the prohibition of mar- riages between Christians and Jews, which it has estab- lished in practice, only in so far as the Jewish community in the State abides by all the Talmudic regulations, and the parties are unwilling to receive the Christian bene- diction which, is required by the existing law'. With regard to the second point in dispute between the State and the hierarchy, namely,, the education oe THE PEOPLE, this is the most sacred Right, and still more, the most sacred Duty of the State. But on this question various systems are conceivable. Positive re- ligious instruction may be excluded from the public primary schools, and i-egarded as the province of the ministers of religion belonging to the various confessions, as is. the case .in most States of the American Union, though a selection from Holy Scripture is usually re- tained. Or religious teaching may form a part of the course of popular instruction, but it may be so arranged that the minority is not compelled to take part in it, as is the course pursued in the primary schools in Prussia. In our gymnasia, the masters nearly always belong to one confession. Or, finally, the different persuasions may have separate educational institutions maintained at the expense of the State, or of the particular religious 230 SIGNS OF THE TIMES. body. None of these forms is absolutely inadmissible ; which is the best, is a question which must be answered variously in different States, and even in different prov- inces of the same State. But no form is admissible which does not hold fast one thing, namely, that liberty of conscience be not in- fringed, both for the sake of conscience itself, and as rep- resenting one of the true guranties for the Christianity of the State. The reproach still often made against the first of these systems, according to which the religious instruction is left in the hands of the special teachers of religion — that it is a godless system — is equally unjust in itself, and unconfirmed by fact. That such a sever- ance between religious and secular instruction must ever be carried out with the most tender and judicious con- sideration for the existing religious sentiments of the people, and with sincere moral earnestness, follows of necessity from the fundamental principles we have al- ready laid down. All this, my respected friend, we will sum up in one word — ^yes, faith in God, in Christ, and in Man. Of course, to follow out our fundamental maxim of liberty, in addition to the schools provided by the State, the existing religious denominations ought to have the full and unrestricted right of establishing special re- ligious schools, at their own expense, for the children of their members. But the State ought to do every thing in its power that its own schools should be the best. That at this moment educated Protestants in the United States are sending their children to the Jesuit schools, which send out 4,000 young people annually, arises from the fact that the State has not done its duty be- yond the sphere of elementary instruction. Boston alone, with its university of New Cambridge, makes an CATHOLICS m AMEEICA. ^31 honorable exception. The once famous Columbia Col- lege is in decay. With the present rekindling of na- tional feeling (originally directed against the ofFscouring of Europe, and especially the barbarism of the Irish im- migrants), in which the Know-nothing movement has its roots, no doubt this weak side of the national develop- ment, which is so admirable in other respects, will not remain unremedied. The allurements to forsake the self-sacrificing service of science, and the still more self- denying vocation of an instructor, are in that Empire more numerous ahd powerful than anywhere else. But, hitherto, thanks to the moral and religious earnestness of the Puritans, which is the healthiest and most vigor- ous root of that gigantic State, there has never yet been wanting a corresponding moral energy to remedy any recognized deficiency ; and, on the other hand, the social conditions of America present peculiar advantages. But this much is certain, that against a centralized power, such as that of the Jesuits, neither the isolated efibrts of individuals can succeed, nor yet such State schools aa entirely exclude religious instruction. The demand of the Catholic bishops in the Union, more especially urged by Bishop Hughes in New York, that the State should surrender a proportionate part of the revenues for na- tional education to the bishops, or Jesuits, for their Catholic schools, was unreasonable, and it is this which has given the political faction of the Know-nothings its present aggressive tendency. Now, where the State and the Church are not entirely separated, it is impossible to deny the State a right of superintendence over all private schools, or to dispense with the exercise of this right, seeing that it has to pre- scribe a certain standard of education which must be reached in every such private institution. The State 232 SIGNS OF THE TIMES. must, therefore, test the abilities of the teaxjhers, and be represented in the examination of the pupils. As regards the education of the clergy, there are three rules which have approved themselves in practice as the most just and effectual. I. That the State should refrain from taking any part in the purely spiritual training of priests. II. That it should not suffer this to commence until after a preliminary national training has been passed through in the gynmasmm and at the university. m. That at the universities the State should not allow the Bishops to appoint the theological professors, but should give them a veto on a statement of their reasons. On this point, too, Prussia has taken the lead of all other States in wisdom and fairness. From the ground we take of entire liberty of con- science, and real independence both of the State and the congregation, we can regard no other attitude as fitting — no other solution of the problem presented as true. We now come to the last, and also the sorest of the contested points. The question of the tenure and ENJOYMENT OE Church PROPERTY meets US throughout history as the most fraught with danger of all those in- volved in the conflict between the officials of the State and the priesthood. But even this offers no insuperable difficulties if the principles of perfect liberty and legality which we have indicated be honestly and rigidly carried out, under the guidance of existing circumstances. I believe I may here lay down the maxim as universally admitted by all jurisconsults, that Church property is sacred, but not, like private property, irrespective of the use made of it. The possessor for the time being has no right of disposal over it : he has simply the usufruct, CHXTROH PROPERTY. 233 and that only under certain conditions, and fop a public end. If that end be not answered — those conditions not observed— ^the State has not only the right but the oblv- gation to take away the property from the possessor or corporation ; still, so far as possible, only for the better attainment of the- same end, not for the enriching of the public treasury. This is what, on the whole, really took place at the Reformation, as far as the rapacity of princes or aristo- cratic corporations allowed, and only on such and similar appropriations of ecclesiastical revenue has the blessing of God rested. Naturally such a course could not be strictly adhered to where, as happened shortly before the dissolution of the German empire, regulations were made affecting provinces and States which had belonged to ecclesiastical rulers. In modern times, England, and recently also Sardinia, are those States which have treated this question most honestly and generously. In the retrenchment of the capitular bodies in England, and the reduction of the incomes of those retained, every penny has been devoted to the augmentation of parochial stipends, the miserable condition of which formed a dis- graceful contrast to the princely revenues of certain dig- nitaries. So, likewise, Sardinia, in abolishing those monasteries and convents which did not devote them- selves to education or works of mercy, has most solemnly established the principle, that the money thus saved shall be expended for the benefit of the clergy, for whom no adequate provision had been made. With regard to the whole proceedings of the Sardinian Government, I refer you to the exhaustive article on this subject in the Quarterly Review for July, which is attributed, no doubt with justice, to Mr. Gladstone. The main question, however, to be settled in coming 234 SIGNS OF THE TIMES. to terms *with the canon law, is the attitude which the State ought to assume toward the pretension of the Ultramontane party — that the One Universal Church is the depositary of all ecclesiastical revenues. For, as we have seen above, this is, in other words, to recognize the Bishops and the Pope as the possessors of all national church property. Ecclesiastical history proves that that pretension has heen turned to advantage more than once, especially on the part of the Pope. Now we maintain that the Congregation is the universal ultimate, as well as immediate, depositary of church property. Our mode of settling the matters in dispute would be deter- mined more precisely according to the peculiar nature of the property itself. As regards Local Funds, neither the State nor the Church, in the wide sense of these words, can be said to be the depositary thereof, but the local Congregation ; - therefore, neither the Pope nor the Bishop, nor yet the parish priest by himself, but the elders of the Church recognized under various forms by the Catholic Church (churchwardens), with the minister of the parish, for the time being, at their head. I believe, with Wessenbrg, these associations of elders must be put upon a better footing, else that it would be necessary to return to a Catholic Committee of the Con- gregation, which, according to the law of Prussia, is only the heir of the civil community, but according to that of France, is the actual possessor, except in the case of particular foundations and corporations. The next question arises where the Revenues are derived from a Grant of the State. According to our principles, we shall here have to distinguish whether this grant is a free gift, or by common acknowledgment a compensation for estates or dues that have been lost. In CHURCH PROPERTY. 235 the second case the Congregation evidently enters into possession of its own rights ; but the former may lay the foundation for a relation of superintendence and patronage on the part of the State. The fiscal principle in its absolute form is as inadmissible and works as badly as the hierarchical. Finally, as regards the third portion of Church prop- erty, the Property or Revenues of the Bishops, their Chapters and Seminaries, it is manifest that the forms of actual possession and enjoyment, or of a full mortgage security on landed property, are not reconcilable with the present state of political economy. For this reason, too, the proposal which has been made in the Prussian Concordat to grant a mortgaige security on forests (which, moreover, are charged with the yet unredeemed state- debt), will probably never be carried into literal execu- tion. But the form of a security on the aggregate prop- erty of the State — a plan proposed by Napoleon, and accepted by the Pope on the part of the Church — that is to say, the entry of a perpetual annuity in the public accounts, is one which is for all purposes satisfactory, at least for States which have a well-ordered financial sys- tem, as Prussia always has had, and always will have. In regard to the possession of landed property, all modenj systems of public law agree in not allowing the validity of testamentary dispositions in mortmain. Even money legacies in favor of the Church are made depend- ent on the observance of certain conditions. On this point, again, the spirit and usages of consti- tutional monarchy have proved a truer guide than Napo- leonic Caesarism or the absolutism of the eighteenth century. The right of confirming such bequests is, particularly with Protestant Governments^ a dead letter. Here, too, Peel struck out the right path, when, care- 236 SIGNS OP THE TIMES. fully avoiding every thing savoring of arbitrariness, he restricted himself to laying down the principle that every such bequest is vaUd, if made sik months or more before death, the deed being, of course, drawn up by a notary, and signed iu the presence of witnesses. No one can complain of this with any show of reason, and thus the object is attained. Thus, my respected friend, I think that in proceeding from our starting-point we have reached a solution which violates no ecclesiastical or religious feeling, disturbs no usage, raises no points of contest, presents no practical dangers, but, on the contrary, appears to open the way to a result as safe and pregnant with blessing as it is inevitable. It is true that in pursuing our course we have found that with regard to these questions, as well as that of toleration, Germany does not in all respects stand at the head of European culture and civilization, but has sometimes lagged behind within the last forty years. For even from 1550 onward, and to a still greater extent since 1650, a stagnation, if not a corrup- tion, partly caused by the pettiness of the political re- lations in such a congeries of small States, but most of all by the narrow-mindedness of the Lutheran theolo- gians who have ruled the Church, has crept in, accom- panied by a self-conceit which appears ridiculous or lamentable, when it brings its pretensions to the broad daylight of publicity. But, on the other hand, in the Reformed Church of Germany, which takes a very dif- ferent historical attitude, and in the reforming zeal of enlightened Governmenis we have everywhere found still fertile germs of life, which, with the inexhaustible mental power, and the indestructible religious sentiment that pervades the German people, present the fairest pledges for our future. THE SAFEatJAED OF THE CHURCK 237 Finally, in what specially concerns us as Prussians, much as we may have to find fault with or mourn the want of, many as may be the fears and anxieties openly expressed or secretly cherished, we can look with thank- fulness to the past, the present, and the fiiture. The Magna Charta of our laws touching religious and ecclesiastical relations, as contained in Articles XII.— XIX. of the Constitution,* is perfectly satisfactory ; and its meaning is placed beyond the possibility of doubt by the official documents which accompany it, and the de- liberations in which it originated. Our best guaranty that this Palladium will not be shaken or wrested aside from its true meaning, is the loyal respect for law of our King, and the sentiments of the heirs to the throne, as well as of the nation at large. Neither should it be forgotten how many safeguards and institutions Prussia posessed before the 18th of March, 1848. This ground- work of law certainly needs, however, to be fortified by a corresponding practical realization. According to what principles this might be done as respects the Evan- gelical Church, in order to conduct it onward from the present regal dictatorship to constitutional independence, and how, on the other side, the collisions with the Rom- ish hierarchy not yet wholly guarded against are to be prevented, we have endeavored to discover by a method which can hardly be misrepresented as a false one, ever keeping in view our ultimate aim — a peace- able and leigal adjustment of all differences. The theological conflict between various religious con- fessions may be safely left to the influence of learning, faith, and outward events. The alienation between those of different creeds ceases when they no longer come into * Our appendix to this letter will place these articles before the eyes of those who may not know, or may not recollect them. 238 SIGNS OF THE TIMES. painfixl collision, and, under good management, without issuing in skeptical indifference. The attachment to the State will become universal on the ground of equal rights, and as a result of the peaceful co-operation of all for noble objects. Increasing prosperrity, science, and art, exert a humanizing influence upon manners also in this field, while at the same time deepening the sentiment of nationality ; and each confession feels it- self honored in the respect which it pays to the con- science of others. Such a State, is truly a Christian State, for it is founded upon Christian love, and upon reverence for the Divine justice. He who should set himself against such a reconcilia- tion would thereby betray that he did not thoroughly believe his creed to be the true one ; for truth has noth- ing to lose or to fear from freedom. Man is no godless animal, as the Prince de Broglie appears to assume in his critique on Dupin's Canon Law, when he gives vent to the apprehension that religious congregations may all at once be turned into revolutionary clubs. The State has the right of recognition, and consequently of prohibition, in the case of fraudulent and immortal sects, such as that of the Mormons ; revolutionary Christian factions there have never yet been ; and the mask of the hypocrites falls off as soon as political liberty exists. We need point only to Ronge and Doviat ! And when, in the "Free Church" in Magdeburg, Uhlich's col- league, Krause, urged that this Church should not even call itself " Christian," because this term implied a limi- tation oppressive to the &ee Congregation and unworthy of the position they took up, he thereby simply acknowl- edged the justice of the ordinance whichrefuses to rec- ognize such associations as religious, but subjects them to inspection as political. TENDENCIES IN THE GERMAN • CHUECH. 239 Only let the liberty be uniyersal without exception : no toleration, no qld-fashioned "parity" in the State, ■where only two confessions are authorized, the Catholic and the Protestant, and the latter sometimes only in the double aspect it has been compelled to assume. That in Bavaria the Gorernment will only allow the Protestants to be called a religious association, and not a Church, is certainly the result of no friendly spirit, but we may as well resign this appellation to the Roman Catholic denomination as that of " the Catholics." It will certainly be necessary on all sides to over- come much egotism, not only in its worst forms of prej- udice and hatred, but also in the little-mindedness and separatism peculiar to the Germans of the last two centuries. One can not endure the Baptists because they make converts ; another the Jews, because they practice usury, like many Christians, or because some of their forefathers crucified Jesus, and called down a curse on themselves and on their children, which clearly must be realized by Christian oppression of their descendants. All such arguments are nothing but a cloak for egotism, or a deficiency in humanizing culture. I live in the firm conviction that throughout our com- mon German fatherland the overwhelming majority both of Catholics and Protestants are quite of one mind as to the principle of freedom of conscience ; and that with open and dispassionate discussion their pet exceptions to this principle would vanish like mist before the sun. But evidently it is pre-eminently the vocation of Protest- ant Governments, statesmen, and public instructors — therefore, also, of the leading men of the free German literature — to protect and cherish this principle. They 240 SIGNS OF THE TIMES. themselves stand and fall with the Congregation and with liberty. It is not a question of bringing the Con-, gregation into existence — it is there, indigenous and vigorous, not merely capable of life ; nay, since 1848 — as, indeed, from 1840 up to that date — a wonderful impulse of life has filled it with aspiration and fresh thought. A tendency toward outward embodiment and organized activity is astir in our German churches, which bears in itself the evident impress of the Divine hand; for it manifests itself as that ministering love which is the parent of all works of mercy. It lives and breathes as an affectionate recognition of the beauty, the truth, and the goodness that have existed in past ages, not only within the limits of their own respective homes, but of the whole of their beloved German fatherland, nay, of all humanity. This sentiment shows itself self- sacrificing, not demanding sacrifice ; but it does demand freedom for its highest impulse, respect for its most sacred possession. It will not endure the fetters of police-regulation; it despises the crutches of official tutelage and the protection of the peiial laws which have crippled it, no less than a so-called patriarchal super- intendence of the Crown. Not to repress this aspiration in the Christian community, but to aid it by support, enlightenment, exhortation— -this is the special vocation of Protestantism. All the aids that Protestantism would borrow from constraint, force, repression, intolerance, are so riiany weapons which it puts into the hand of the hierarchy for the persecution of the evangelical belief. He who can not fulfill this vocation in faith is not called to put his hand to the work of salvation. This Protestant consciousness has been never more deeply felt than within the last few years and days. What astonishment, what sorrow, then, must seize the RETROGRADE EFFORTS. 241 friead of the Gospel, of his country, of freedom, of humanity, when he sees no insignificant number, espec- ially of the younger Lutheran pastors and preachers, in co-operation with political parties, and in more or less open alliance with absolutism and feudalism (or at least playing into the hands of the absolutists and Jesuits), striking out for themselves a precisely opposite course ! Do Ijiey really think to benefit Protestantism by coercion, or dream^ of restoring faith by the spirit-killing formulas of the seventeenth century, while crying down all as- piration toward tolerance and freedom as revolutionary and anarchical ? I forbear to mention insignificant at- tempts of this kind, or childish, stupid, senseless attacks, such as those we have witnessed in Mecklenburg, Hesse, and Lippe. I pass over impotent conferences or unions of pastors, such as that held recently in Leipsic under Kahne's leadership, where furious speeches were made against schismatics and sectaries on the part of the self- styled Old Lutherans. Their retrograde efibrts are not backed by Congrega- tion or people — ^by intellectual, or, hitherto, by civil or princely power. The phenomenon is simply instructive. But it is jyith pain that I see in the ranks of this party a man from whom I and others had hoped better things in his youth, but who has now become the acknowledged organ of the powerful retrograde party in politics and religion. It .is a just subject of unmitigated regret, when such a man becomes the advocate of intolerance and illiberality in the greatest Protestant State of the Continent — ^the only considerable Protestant State of Germany ; and that in the name of tolerance — ^in the name of Luther and of Christ ! I allude, toy respected friend, to the oration of Stahl already mentioned, which he pronounced on the 29tk of 11 242 SIGNS OF THE TIMES. last March, in the Evangelical Association of Berlin, before the Court and a large and influential assembly, not without immediate evidence of its efiect. This dis- course, which bears the title of " Christian Tolerance," but which, in reality, appears more like a discourse in favor of confessional intolerance, has been printed by its eloquent author with notes, for the general reading world, after it had appeared with the same additions in the relig- ious organ of the party, the Evmigelische Kirchen- zeitung, and been printed in their political organ, the Kreugzeitung. With the examination of this discourse for the object we have in view, I propose to conclude our correspond- ence for the present. LETTER IX. OBSERVATIONS ON STAHL'S DOCTRINE OF TOLERANCE, AS REGARDED FROM AN HISTORICAL AND JURI- DICAL POINT OP VIEW. Chaelottbnberg, 24th August, 1865. * The Day of St. Bartholomew. This is a solemn day, my dear and honored friend, on Tvhich we are called to consider Stahl's doctrine of tolerance. It is the anniversary of the Massacre of St. Bartholomew — ^the infernal festival of religious persecu- tion — ^the orgies of the devils ! For whatever share in the events of that day may be ascribed to the hatred of political parties, it can not be denied that these parties themselves took their source in religious heirarchical fanaticism, and that this was the sole lever by which they acted on the populace. It was religious hatred which, as Ranke has recently shown, gave that demon- iacal fury, Catherine de Medicis, the means of attaining her factious aims. It was religious hatred which enabled the king whom she swayed, to find willing executioners in the brutal mobs of Paris, Lyons, and other towns, stirred up by the priests. In Admiral Coligni, and many of his clerical and secular fellow-sufferers, France lost the highest ornaments and noblest blood of the land, and, at the same time, the strongest moral primitive- £>rce for the wider development of her mental and polit- 244 SIGNS OP THE TIMES. ical freedom. In them, Christendom forfeited a large portion of her brightest jewels, and the Christian name was branded for everlasting age^, till a full atonement should be made. The Massacre of St. Bartholomew and the Inquisition are the final expression of that intolerance whose cause Stahl appears to us to espouse, and whose refutation, as delivered in the Constituent Assembly of France in 1789, when perfect liberty of conscience was decreed as one of the rights of man, seems to inspire our orator with boundless contempt. Nay, he inveighs against philosophical toleration at the very moment when the powers of darkness are once more rousing themselves and leaguing together against their own brethren ib belief For Dr. Stahl begins by telling us that " Toleration is the child "of unbelief; the demand of freedom of conscience as a right, in legally governed States and constitu- tional nations, is a part of that work of destruction and revolution which characterizes modern science, and which menaces the tran- quillity of Europe." From the time of its introduction into German juris- prudence, up to the present day, the word Toleration has rather had a mournful than a joyful sound ; for in its juridical sense it merely signifies that the Church authorized by the State, suffers others besides itself to exist in the land. But, in the general language of lit- erature, the sound common sense of all European nations understand by this term, the not unreasonable demand, that a man shall not be persecuted by the civil magis- trate, or by a dominant Church, if he, without violating the general civil regulations, worships God after his own fashion in company with his fellow-believers. In sub- stance, this demand is clearly not much unlike that made eleven hundred years ago by Winfiid, in beihalf of A.DVOCATES OF TOLERATIOIT. '245 his somewhat aggressive style of preaching, from the hea- then Frisians, in the name of the God of the Christians whom they did not know. Not even so far removed, but diflfering only in the slightest degree from State protection instead of perse- cution, was the demand made by Peter BayH, when toward the end of the seventeenth century he was stir- red up by the persecutions in France to write his famous tract On Keligious Toleration. We may take an utter- ly different and much graver view of the Old Testament and its history than Bayle did. But when in that book he supports his arguments drawn from reason by pas- sages from the Bible, he does so not only in a very seri- ous spirit, but often, I must confess, with a much better exegesis of the Bible than we find in many theologians and professors of ecclesiastical jurisprudence in both ancient and modern times. Voltaire made the same de- mand as Bayle, when, in his account of the judicial murder of Galas at Toulouse, he exhibited, with equal courage, eloquence, and love of truth, the dreadful con- sequences of religious hatred among the populace, and its influence on a usually honorable court of justice. Undoubtedly, Voltaire's scoffs at religion, and defama^ tion of the person of the Divine Founder of Christianity, are as repugnant to German philosophy as to the whole tone of sentiment in our nation. But every candid man ought to respect and honor him for his defense of Calas, which' required more courage and manliness than many an unctuous oration in our days. Much greater earnestness and depth were certainly shown in the treatment of this subject by -our great Lessing, when he availed himself of the mediaeval story of the Three Rings, in order to exhibit, in his " Nathan the Wise," the unreasonableness and impiety of religi- 246 SIGNS OF THE TIMES. ous intolerance. The slurs which were cast on him and his friends by Pastor Gdtze, and his like, may have had their share in strengthening his abhorrence of the '■'■ Pfdffejigebeisz" * (to use Luther's language), to which, as much as to the Pope and Jesuits, we owe the rending*aaunder of the Protestant Church in Germany, and all the misery of the Thirty Years' War. Still, to place him among the scoffers at religion and the de- spisers of Christianity, is for this very reason a crying injustice, and a proof of pitiable one-sidedness. That to Lessing, personally, Christianity was the religion of the world, and the Bible the sacred record of the divine plan for the development of humanity, he has ■ declared clearly enough in his immortal tract, The Education of the Human Race. And now let us turn to our more strictly speculative philosophers. Modern history scarcely presents to us a more blameless and earnest moral character than that of Kant, and no one will deny that his deeply moral tone of thought was transmit- ted to his successors, Fichte, Schelling, and Hegel. All these, like the two heroes of our popular literature, Goethe and Schiller, have, equally with the members of the First Constituent Assembly, insisted on the princi- ple of religious toleration, on the ground that liberty of conscience is a right ; therefore claimed it as a right of humanity in the -name of reason, of the Spirit, and of morality — ^nay, of Christianity itself Are they on that account the enemies of Christianity ? Is it, then, unchristian, or fraught with danger to the true religion, to demonstrate that Christianity is at one with morals and reason ? Certainly Dr. Stahl appears to think so. He says in the opening of his oration : "For after all, the first moving-spring of that tolerance * Priestly venom. STAHL AND LESSING. 24-7 is nothing else than doubt of divme revelation, and there- vrith of all sure and binding religious truth." As evi- dence for this incredible assertion (for it really appears to me such, in the case of so learned, thoughtful, and pious a man), the orator adduces Leasing' s Nathan. Nathan, the orthodox son of Abraham, is put on a level with Pi- late the pagan Epicurean and man of the world ; and then Stahl proceeds : — "Are Nathan the Wise and Pi- late right when they ask, ' What is truth ?' or is Christ right when he says, ' I am the truth V " Brilliantly said; but is it equally to the point — above all, substan- tially, true ? We shall really be obliged, my honored friend, to address ourselves to the answering of this question ; al- though it may not appear to you in good taste, when the orator so unnecessarily brings the sacred person of Christ into juxtaposition with a philosopher, whose chain of argument, be it true or false, still cannot be set aside with a mere theological flourish of words. Certainly it is not without danger to say much to this orator con- cerning German science. The science of the day (and we have no other despite Stahl's books and speeches) is godless, and we shall hardly, I think, be able to raise ourselves to such a height of self-suflSciency or self- annihilation as to say with him that "it is a blessing to a Christian statesman to be cursed by public opinion."* I must here at once plainly confess that I have hith- erto been under the delusion that our nation desired * This expression was used by Stahl, in his famous speech on the. Oriental Qufestion, in 1855, to the effect that Russia was the defender of right and of Christianity, and that England had no right to' fight in behalf of an Infidel [Mohammedan] G-ovemment. — «-. 248 SIGNS. OF THE TIMES. freedom of conscience for conscience' sake, and m tie name of reascHi and Christianity. This I have always supposed to be -what is meant by the simple tradesman and peasant, as by the truly pious and mse amoog our scholars, Catholics as well as Protestants. But it ap- pears that this is an error. "^Sdemce is godless — ^the desire for toleration is born of unbelief." He who does not share the view of our authcH- on this pcant must be content to forfeit the name of Christian. Upon the practical consequences of sudi an anathema, in Prussia at least, the ecclesiastical Privy Counselor does, indeed, afterward to some extent set our fears at rest, as we shall soon hear. Still the anathema of a philosopher and professor who is also a member of the Supreme Ec- clesiastical Council, is no trifle. But what is to be done ? I take cousrage and pass on to consider the terms in which he tells us what bethinks of that which all the civilized world calls toleration. This is the passa^ with which the whole oraticai commences : " In that epoch of mental culttrre ■whieb arrogates to itself the title of the era of erilightemneiit and philosophy, and whose dom- inant ideas continue to exert a considerable influence, even at the present day, the cardinal virtue — that which takes fee lead of all other virtaes — is ebligious toleeation. Every man shaH live after his own creed, be he CShristian, Jew, MohammedaQ, Kiilos- opher, but he shall accord the same respect to the faith of his neighbor. So, likewise, the State shall recognize alt religions as having equal rights. Nay, even from that enlightened Church which they do us the honor to call the R-otestant, this proof of tolerance is demanded, that she shall concede to every, opinion, believing or unbelieving alike, an equal right to occupy the pul- pit or cathedra. It matters not, either before God or man, what a man's religious creed be, but only whether 'his conduct be upright. According to this, the worst crime with which a man can be charged is exclusiveness — ^that is to say, a reMgioias con- viction claiming to be the sole true and authorized creed." STAHL'S ORATION. 249 And hereupon appeal is made to the God of the Old and New Testaments, that henceforth no one Hke Bayle, and others beside him, may seek for toleration in the Bible. "Did not God," says Stahl. "command his chosen people under the old dispensation to root out every other religion from the land? Did not the great- est of his prophets cause the priests of Baal to be slain ? Nay, finally, does not Christ declare that all who be- lieve not shall be damned, and his apostle pronounce an anathema on him who shall teach any other gospel?" Thus, whoever shall plead the cause of that tolera- tion which Stahl has described, is no Christian, nay,, a positive denier of God, the veriest atheist. Neverthe- less, it will scarcely be justifiable by the laws of God to stone us, on account of certain profound theological argu- ments which he adduces against so natural an inference ; but this much our orator knows full well, that unbelief in Divine revelation is our deepest incentive if we agree with Lessing or Bayle ; and even this is very frightful. Certainly toleration, as he understands it, is a strange sort of thing. It asks that a man " shall accord to the creed of another the same respect which he demands for his own ;" at the same time, also, " that the State shall recognize all religions- as having equal rights." Nay, it makes this extraordinary demand upon the Protestant Church — "that it shall accord to every opinion, believ- ing or unbelieving alike, the same right to occupy pulpit or cathedra." Really, had the orator's audience been less calculated to command respect, one would be in- clined to believe that he intended in this exordium to make fools of his hearers. What in the name of truth and reason has the modest wish to live as honest men and citizens of a civilized nation in accordance with our own faith, so kng as we violate no civil law, to do with 11* 250 SI&NS OF THE TIMES. the opinion, which I here encounter for the first time, that a man who does not believe in Christ or God ought to have the same right to preach before our congrega- tions as any believing clergyman ! Who has ever de- manded this of the Protestant Church in the name of toleration ? No one. I confess that in this passage I can hardly recognize our acute and philosophical author. He surely can scarcely intend to place the belief in the Gospel and in the doctrine of salvation through Christ, on a level with the systems of the Lutheran theologians, according to which the Calvinists are treated as worship- ers of Isis or Moloch ? For we are surely not the only members of the United Church of Prussia who thank God that we are at liberty not to regard this as a pact of Christianity. But who knows ? We must see. We are quite willing on our part to confess to him that even though toleration had no ancestors but the French philosophers and the Constituent Assembly — or, at best, a few men such as Washington and Franklin, and certain ideologists and poets whose writings consti- tute pretty nearly all that Europe calls German phi- losophy and literatiire^-we should not be ashamed of this pedigree, be the consequences what they might. But we know, besides, that Christ died to set men free, and not to bring them into bondage. We know that his dis- ciples and their missionaries did not convert the intoler- ant ancient world by means of persecution, but under persecution, and in the faith that the reign of brute force and despotic coercion was destined to be transform- ed into the reign of God's liberty, as is prophesied in the Revelations. We know, further, that the inspired men, who in the sixteenth century undertook to restore Chris- tianity to its pristine form, demanded this toleration Tor themselves on the ground of the Word of God — ^neces- FATHERS OF TOLERATIOIT. 251 sarily, therefore, for all, else they themselves would have been no true evangelical Christians, which signifies such as accept the Wordof Grod as their highest standard,, and a believing temper of the heart as the only saving faith, and regard the Church as a legally-ordered community who have vowed to live unto God as brethren in Christ, and are subject to all the powers that be (even to a Nero) in civil matters, but subject to God alone in those appertaining to conscience. And if the Reformers have sometimes forgotten to practice this toleration, we ought, I think, to see in this, partly the natural effect of a thousand years' slavery — partly the working of that despotic egotism, which those in power, be they princes, priests, or people, so rarely escape, and against which, by the testimony of history, nothing can protect- nations except a free constitution, and a popular education based on Christian principles. In short, we are not ashamed of the predecessors as- signed to us. But we can not but wonder at the asser- tion &om such a man, and in such an oration, that, as a matter of fact, the progenitors of the principles of toler- ation were the French philosophers and the Revolution. It is notorious that this toleration had been demanded and preached long before in the name of Christ by faith- ful men, and implanted in vast Christian communities. How could this learned man forget that the whole his- tory of religion has revolved round this center ever since the Reformation? Forget that the Netherlands freed themselves from the tyranny of Spain, not on the ground assigned by the Declaration of the Rights of Man of 1789, but on the ground of Gospel faith and the princi- ples of the earliest ecclesiastical reformers concerning the nature of faith and the spirit, concerning the divine dignity of man and the- saoredness pf the image of God ? 252 SIGNS OF THE TIMES. They demanded the same toleration in order to worship God according to the Gospel, which the French philos- ophers demanded in the name of Reason. Are these two things so incompatible that the one must command rev- erence, the other inspire abhorrence ? To me it appears quite otherwise. The modern mode of expressing this principle seems to me perfectly in harmony with the course of nature. When the longing after that freedom of conscience, once alternately struggled for and re- pressed by sanguinary contests, had entered into the very flesh and blood, no longer of mere isolated thinkers, but of great and noble Christian nations, why should not conscience and reason demand toleration for them- selves in the name of Humanity ? But the doctrine of religious toleration was preached first, and with the greatest success, by the men, in many instances the martyrs, of the Evangelical Confession. The series begins toward the end of the sixteenth cen- tury, with Robert Browne, the spiritual-minded and courageous advocate of the independence of single churches, and the right of all Christians to the free exercise of their own mode of worship. Why has the orator passed over this venerable father of Independ- ency and toleration? Certainly Stahl has no love for the Independents. In the course of his oration, he tries to demonstrate that their principle " carried out to its ultimate results" would exclude the idea of the Chris- tian community, and leave room only for the isolated soul. This is much as if he were to assume that if the principle of the centrifugal force be " carried out to its ultimate results," the earth must necessarily fly out into space. The true centripetal power, which is the free conscientious faith in the God of the Gospel, seems to have been as little wanting among these congregational- BBOWNE AND FOX. 253 ists as in any Christian community whatever. This body has maintained itself for the last three hundred years under heavy oppression from State and priesthood, and through severe persecutions — ^nay, has even founded States ; and at the present day abeady numbers more congregations than all the Lutherans on the face of the earth. Reasons sufi5cient why we should not despise it. But, assuredly, it still remains its greatest glory that its members were the first to preach the principle of free- dom of conscience (I beg their pardon, of toleration), and have violated it far less than the Lutherans or than their own persecutors, the bigoted Presbyterians. But even among the ranks of the latter we can point to en- lightened defenders of religious liberty in those ages, and at their head to one of the greatest Christian poets and philosophers — ^Milton. This toleration was certainly preached in a still purer form by it^ apostles and martyrs, the fathers of the So- ciety of Friends — George Fox, who began to preach publiclyon this subject in 1650, and his two disciples, Robert Barclay, the author of the Apology for his sect, and William Penn, the father and apostle of Peimsyl- vania. <■ I am quite aware that the name Quaker will sound still worse in the ears of our Supreme Ecclesias- tical Couilselor than that of the Independents, or even the Baptists, who stir up his righteous indignation. But as I am not writing for him, nor yet for the theo- logians and politicians of whom he is the spokesman and pride, this circumstance will not prevent me from de- claring the historical fact, that the toleration preached by the French philosophers sprang up two centuries be- fore their day from the same Christian soil which pro- duced the civil and constitutional liberty of the nations of modern Europe. In this modern Europe, however, 254 SIGNS OF THE TIMES. we are living, and moreover, in the year of grace one thousand eight hundred and fifty-five, and not in the seventeenth century, still less under mediaeval papacy. Here are the words of Robert Barclay in his Apology : " Since Grod liath assumed to himself the power and dominion of the Conscience, who alone can rightly instruct and govern it, therefore it is not lawful for any whosoever, by virtue of any authority or principaUty they bear in the government of this world, to force the consciences of others ; and, therefore, all kill- ing, banishing, fining, imprisoning, and other such things which are inflicted upon men for the alone exercise of their conscience, or difference in worship or opinion, proceedeth from the spirit of Cain, the murderer, and is contrary to the truth ; providing al- ways, that no man, under the pretense of conscience, prejudice his neighbor in his life or estate, or do any thing destructive to, or inconsistent with human society ; in which case the law is for the transgressor, axiA justice is to be administered upon all, with- out respect of persons." Starting fi:om this forcible proposition, Baf fclay shows that the toleration which the Friends desired is in ac- cordance with Christianity, and the unchristian nature of the proceedings of the magistrates who caused them to be hanged and whipped, by dozens, as malefactors. In particular, he shows how that when Christ told his disciples that he sent them forth to be as lambs among wolves, it could not be considered as the distinctive privilege of Christian magistrates over heathen ones, that they should devour the lambs. Therefore, he con- tinues, Christ reproved the two sons of Zebedee who would have called down fire from heaven to burn those that refused to receive Christ ; therefore he delivered the parable of the tares, whose uprooting the Lord reserved to himself Now the tares must be either hypocrites or heretics; but' one thing will be pronounced heresy by one Government, another by another ; from which it ap- ROBERT BARCLAY. 255 pears that heresy can not be included among those evil things which St. Paul meant, when he said that the ruler is the minister of God, a revenger to execute wrath upon him that doeth evil. Nay, Barclay even seems so bold as to believe that this refers to what we should call police or executive justice. He concludes this remarkable section of his Apology by showing that all which he has proved by the clear letter of Scripture, follows with equal certainty from human reason ; for that no corporeal suffering which one man can inflict upon another, can avail to change his convictions, especially with regard to spiritual things ; but that this can be effected alone by sufficient argument, united with the power of God to touch the heart. And according to these principles, he says the Quakers have acted: " For so soon as God revealed his truth among them, without regard for any opposition whatever, or what they might meet with, they went up and down, as they were moved of the Lord, preaching and propagating the truth in market-places, highways, streets, and public temples, though daily beaten, whipped, bruised, haled, and iniprisoned therefor. And when there was anywhere a church or assembly gathered, they taught them to keep their meetings openly, and not to shut the door, nor do it by stealth, that all might know it, and those that would might enter ; and as hereby all just occasion of fear of plotting against the Government was fully removed, so this their courage and faithfulness in not giving over their meeting together (but more especially the pres- ence and glory of God manifested in the meeting being terrible to the consciences of the persecutors), did so weary out the mal- ice of their adversaries, that oftentimes they were forced to leave their work undone. For when they came to break up a nieeting, they were obliged to take every individual out by force, they not being free to give up their liberty by dissolving at their com- mand ; and when they were haled out, unless they were kept forth by violence, they presently returned peaceably to their place. Tea, when sometimes the magistrates have pulled down 256 SIGNS OP THE TIMES. their meeting-houses, they have met the next day openly upon the rubbish, and so, by innocency, kept their possession and ground, being properly their own, and their right to meet and worship God being not forfeited to any. So that when armed men have come to dissolve them, it was impossible for them to do it, unless they had killed every one ; for they stood so close to- gether, that no force could move any one to stir, until violently puUed thence : so that when the malice of their oppressors stirred them to take shovels, and throw the rubbish upon them, there they stood unmoved, being willing, if the Lord should so permit, to have been there buried aUve, witnessing for Him. As this pa^ tient, but yet courageous way of suffering made the persecutors' work very heavy and wearisome unto them, so the courage and patience of the sufferers, using no resistance, nor bringing any weapons to defend themselves, nor sefiking any ways revenge upon such occasions, did secretly smite the hearts of the perse- cutors, and made their chariot-wheels go on heavily." Thus spoke Robert Barclay in the year 1675 — there- fore, after the restoration of the Stuarts, and during the illegal persecution which commenced with that event, and lasted up to the year 1688. And, certainly, thus ■ did not speak the orthodox Lutheran priests of Germany in the seventeenth, nay, even in the sixteenth century, who murdered their own Protestant brethren, kept them for years in prison, nay, caused them to be executed as criminals, and saw in the victims of St. Bartholomew, not martyrs, but only rebels duly chastised. It is just this odium theologicum to be freed from which made Melancthon rejoice that his end was come, and which such men as Spener, and the best and noblest men of learning in the early part of the eighteenth century, from Leibnitz to Thomasius, struggled against with all their might. They were as anxious to deliver the Ger- man intellect, well-nigh extinguished by the meanness of the relations which environed it, from this curse, as £rom the crime and madness of the trials for witchcraft. MERLE D'AUBIGNfe 257 To have done all in their power to free the minds of their people from these evils, is the undying glory of Frederic the Great and Joseph the Second, with their counselors. As soon as the national Churches of Protestant. Ger- many had recovered from the tyranny of a theologian rule, those men of the Spirit started up who preached freedom of conscience in the name of Christianity as well as in that of reason. The same cause has been espoused in England by Coleridge, who, in his remarks upon En- glish theologians, speaking of Baxter, the apostolical confes'sor and sufferer, utters the grand maxim — " The conscience is from God, and so is its freedom;" and in the present day, the representatives of two different schools, Maurice and Archbishop Whateley, have both presented, each after his own fashion, the same uncondi- tional demand for liberty of conscience in their respective essays " On the Kingdom of Christ." Meanwhile in French Switzerland, one of the most profound, noble-minded, and devout of Christians — Vinet — has lived, struggled, and suffered in the same cause ; and in spite of persecution, a rich harvest of blessing has been reaped from the very principles which brought him into prison in 1824. He has a worthy successor in the celebrated author of the History of the Reformation, Merle d'Aubigne. It is a source of pain to me, and no doubt also to you, my dear friend, that in his recent statement as to the effects produced by entire religious liberty, proving it to be the only security against persecution, D'Aubignd should have had occasion to de- fend himself against the derogatory expressions of some of our common friends and countrymen* whom we both * See the correspondence between Merle d'Aubigne, Beth- mann-HoUweg, and Count Pourtales, in the "Evangelical Chris- tendom," vol. viii., p. 236, vol. ix., pp. 49 and 233-251.— ?V. 258 SIGNS OF THE TIMES. respect. Of course, in the difierence of opinion that has unfortunately arisen between them, I can not but range myself entirely on the side of Merle d' Aubign^, but at the same time do not hesitate to express my confidence ithat those really enlightened and liberal men, who are also actuated by the best mtentions, will, as events de- velop themselves, come to range themselves, not among our opponents, but on our side and that of all the friends of the most strongly guarantied religious, and I must add, constitutional freedom, and wiU, no doubt, be found in the foremost ranks of that party. But with regard to our Supreme Ecclesiastical Counselor, I dare not cherish the hope that he will attach the slightest weight to the names to which I have alluded ; for it is not to be denied that among them all there is not one single Lutheran theologian ! It is not my fault. The cir- cumstance has struck me also very forcibly. The suc- cessors of Luther, the confessionalists and fanatics of the seventeenth and eighteenth centuries, have not been able to maintain their ground on the field of learning ; yet to our orator, these very men are the guardians of the sacred mysteries. But if, even those pious and devout men find no favor in the eyes of the zealous Ecclesias- tical Counselor, because they were no Lutherans, but only Reformed, perhaps we might still appeal to the concurrent fundamental doctrines of our Reformers and to -the blood-sealed testimony of our martyrs — I mean we might refer him to the Apostles and to Christ himself. But no, we can not do any thing of the kind, at least if Dr. Stahl be right in his second proposition — " Christianity is the religion of intolerance, and its kernel is exclusiveness." Yes, this is what is really said by our orator. Let us hear his own words ; THE RELIGION OP INTOLERANCE. 259 " Yes, Christianity, as compared with the tolerance of the Konaan religion, compared with the tolerance of the Greek phi- losophy, nay, even compared with Judaism, which left the heathen to their errors, entered on the stage of history as the religion of intolerance. Its kernel is exclusiveness — ^its mode of operation is aggression against all other religions, a propaganda among all nations. And how could it be otherwise ? Certain of its own divine truth, how could it be tolerant toward the error which robs Grod of his glory, and man of his salvation ?" But perhaps this is merely an innocent assertion, couched in pointed language. Perhaps it is only a strong and novel mode of characterizing the contrast of Christian- ity to Paganism and Judaism ? It is true that we find it said in the following page, that the Christian mode of thought surpasses every other in that which is the basis of all tolerance — love, humility, and reverence for the image of God ia man. "We are next led to ask," says our orator, "does Christianity extend a tolerance to unbelief and false doctrine which it does not extend to sin and vice ? Can it, for instance, be tolerant towElrd rationalism and pan- theism in any other fashion ?" Yes, replies the Profes- sor of Canon Law (p. 6), " Christianity does not know two sorts of sin — sins against faith and sins against virtue ; but it does know two sorts of imputation^ — im- putation according to nature and imputation according to grace." What a pity that I have promised not to bring theology into these letters ; for here there is evi- dently something very profound intended- The passage concludes : " Man is not the judge whether a sin against faith has its source in a positive perversion of the will." Shall I confess my weakness to you, my respected friend? This scholastic distinction makes me shudder — it reminds me so closely of the language used in the books put forth for our conversion, by that Church which 260 , SIGNS OF THE TIMES. burnt our fathers with these words in her mouth, and even now shuts up our brothers in prison ; that hierarchy which rises up in indignation, and threatens excommuni- cation from the fold of Christ, and the dissolution of civil order, if a Catholic Government think that they may be good Catholics without practicing or permitting such persecutions. What may not be hidden under such scholastic phrases ? And I am confirmed in this fear by what follows soon after : " Christian tolerance has God's truth for its boundary line ; it swerves not from its fidelity and zeal toward that. No tolerance could restrain the prophets of the Old Testament, the messengers of the new covenant, from condemning the rites which were then held sacred by the nations, as idolatrous. No tolerance ought to restrain us fi?om characterizing the philosophy and science which are now the cultus of the nations, and whose in- most root is the denial of God's revelation, and the subversion of his ordinances, as that which they are. No tolerance ought to persuade the Chiu-ch to allow het pure doctrine to be adulterated from the pulpit or the altar, or move the State to surrender its Christian institutions." Here already we have the State brought into play, namely, the Christian State, or that which persecutes in the name of Christ and to the glory of God, which a certain party calls Christian on that very account. This is exactly what it was called in the days of the Inquisi- tion, and is so still in the countries where that is in force. The Church does not thirst for blood — she simply hands over the sinner as a criminal to the State, that the latter as a Christian State may execute her " unbloody" sen- tences with fire and sword, by virtue of its " Christian institutions." But how could Stahl, as a member of the Supreme Council of a Protestant Church, employ even the most distant reservation of this kind ? I can not answer you upon this point. It is strange, and the THE CHRISTIAN STATE. 261 clause which foUoivs seems to me still more questionahle ; " enough that every man, in so^ar as he is personally concerned, can live after his own creed, without detri- ment to his human rights and human honor." Is it really to come to this at last, you ask, that all toleration is to be reduced to the proposition that the individual, so far as he himself is concerned, may think, and (so far as the supervision of the police over press and publishers will permit) even write ; only he may not attempt to worship God after his own creed with his fellow-believers, to which, however, every kind of religious conviction impels us? Undoubtedly, my dear friend, this is his meaning. If the " individual" cares nothing for books, but if, in obedience to his conscience and the dictate of the Bible, he does care to worship in common with his fellow-believers, if only in the most private and secluded maimer, then ? Yes, then he must (in a Christian State, for in Turkey he need not) in the first place apply for permission to the Government, and the Govern- ment, if it be (like that in Tuscany) truly Christian, will certainly take care not to give such a permission, if they can possibly help it ! Stahl himself gives us some instances of the application of his principle, and so we read, among other statements, the following : " Christian toleration will not silence those teachers who ' drive out devils in the name' of Christ, that is to say, make war upon unbelief and sin, even when they walk not 'with us,' as the dis- caple saya — that ii, with the Church. Whether it be teachers in the sects, or teachers in the Church, who, in the general darkness, have preserved, or once more rekindled, a ray of Gospel Mght, in the name of Christ they will work a blessing; for we have his answer concerning them, 'Forbid them not, for he who is not against us is for us.' But when such teachers turn aside from their war against unbelief and sin to make war upon the Church itself, and can not tolerate that the M sun of the Gospel should 262 SIGNS OF THE TIMES. shine in the Church, whereas they have borrowed and reflected only one of its rays, then we must apply to them the converse saying of our Lord, ' He who is not with us is against us," and 'he who gathereth not with us, scattereth.' " (p. 9.) We will not cavil at its being said, that to such as do not walk with the Church — the Papal Church, or the Lutheran Church in a Christian State — the expression applies that they do not walk with the Apostles. The unsuspecting man has surely never thought of such in- ferences on the part of other Churches. But what if it is precisely to the Apostles, i. e., to the Scripture, that these men appeal, as did our fathers at the Reformation ? Certaialy such is the case in our own day with those, for instance, who believe and teach that the Apostles did not baptize infants, but persons whom they had previ- ously instructed in God's Word. Now we, on the other hand, can with a good conscience have our chil- dren baptized — nay, defend infant baptism, when con- sidered in the light of a solemn thanksgiving-vow on the part of the parents, and a sacred birthday gift to the baptized infant — and yet not admit, as the Christian character of the State is said to require, that the Baptists can be thrown into prison and fined, without a violation of our Constitution. But probably we do not happen to be true believers. In Prussia, such proceedings on the part of the magistracy, stirred up by the consistories and preachers, have been solemnly forbidden by a royal decree, and therefore, we hope, prevented for the future; but we know that other German governments are carry- ing out such principles to tKeir logical consequences. If, then, these unnamed persons, be they Baptists, or members of the New German Churches who wish to found their communities on the Scriptures and the Apos- tlra' Creed, or those poor souls who read the Bible in TOLERA.TION IN PStJSSIA. £63 their own houses, and are content with that — " if they" (says the Ecclesiastical Counselor) "will not tolerate that the full sum of the Gospel should shine in the Church, because they have borrowed and reflected only (me of his rays, then we must apply to them the con- verse saying of our Lord, ' He who is not with us is against us.'" Will not tolerate — ^they who only ask for toleration ! It is the old fable of the wolf and the lamb over again. And then it appears we must pro- ceed with the Christ and the Apostles of our orator, to cry " Anathema !" Now what are the duties of a Christian State in such cases, appears to us to be set forth in the most plain and thoroughly Christian manner by Article XII. of our Constitution ; at any rate, I thought I might ex- pect to find nothing contradicting this in the oration of a member of the Supreme Ecclesiastical Council, and the Crown-Syndic of the Tipper House. For else how could he, with his scrupulous theological conscience, re- tain his office and dignities ? But let us fir^t listen to the text of that Article, which every Prussian ought to know by heart — at all events, every one who has taken an oath to observe it — and then to the orator who seems to have forgotten it. The Charter of the Constitution of the 31st January, 1850, Article XII., reads as follows : " Liberty of religious confession, and of union in religious so- cieties, or of social worship, domestic and public, is guarantied. The enjoyment of civil and political rights is independent of re- ligious creed. Ko damage shall accrue to the civil and political rights of any individual from the exercise of religious liberty." Now let us listen to our orator. After showing how, " in fidelity toward diVine truth, the iiidividual ought to 264 SIGNS- OF THE TIMES. watch over the religious condition of his neighbor," he continues : " The same demand which Christian tolerance thus makes upon the individual Christian, it extends also to -the State — ^that is, with regatd to the conduct of Christian Grovernors. To them also is issued the command, to be, above all, faithful tp Christian truth, to maintain its authority in the public arrangements of society, in the laws relating to marriage, to national education, to man- ners, to personal purity, to the defense and support of the Church, to the appointment of truly Christian men to offices of authority. But no less is the State commanded to exercise tolerance to- ward the religious condition of the individual ; hence the guar- anties given for personal religious liberty, and the enjoyment of civil (private) rights by every religious confession. * * * But certainly the Iberty of religious association is something quite distinct from personal religious liberty. This at once overstejfs the bounds of inward personal development, and enters on the territory of public sogial arrangements. This, however, is the task and the responsibiUty that devolve upon the Gk)vemment; here it has to take into account, at once, public offense and public seduction ; hence, in each given case, it has to hit upon the fitting adjustment, according to the character of the religion- in question, and according to the circumstances of the country; and an un- conditional and unlimited liberty of religious association is by no means demanded by Christian toleration. But however the rulers may have the right of circumscribing or j)rohibiting re- ligious association, they have no right to make that, any more than personal apostacy (and for the same reasons), the Glgect of criminal punishment, nor yet treat it as a crime against the true faith." We gathered as much from those ominous words which Stahl pronounced as President of the Kirchen- tag^ held at Berlin, in the sitting of 21st September, * The Kircheniag, or Church Diet, is a voluntary assembly of Protestants from all parts of Germahy, which meets at different places every year. The first session was held in 1848. Its ob- ject is to bring about, as far as may be, a united action of the Protestant Churches, and if does not consist of delegates from STAHL'S CHRISTIAN tOLEBANCE. 265 1853, concerning the means of coercion at the disposal of the Christian State, which formed a strong contrast to the tolerant spirit displayed by all the other speakers. I hope you will read the extract from the proceedings which I have given in my Appendix to this letter.* Here, however, our orator expresses himself without re- serve. The above extract is followed by a vindication, con- ceived in a somewhat Judaico-scholastic spirit, of his truly Christian tolerance, from the reproach that it con- travenes the Jewish law. I hear you say, my honored friend, can not we be content to admit this ? No, we really can not. "It is true," says Stahl, in substance, " tha,t idolaters were stoned according to the law (Num- bers xvii. 5) ; but the policy of the Old Covenant was not a prototype of the Christian State, but of the future Kingdom of God." But, as we can not suppose that there will be any stoning in the kingdom of God, this typical character is not particularly clear. Hence the orator adds, by way of explanation : " For in the Chris- tian State, the reign of Grace is not clearly manifest, as the reign of the Law was in the Jewish State." The uninitiated might be inclined to exclaim here — "What a happiness for us, since we have to live in the Christian State of realities, that the reign of Grace has not yet become clearly manifest. For who knows then which of us might not have to expect some sort of aggravated stoning, if there is really any thing in this analogy?" congregations or churchea, but of voluntary members, clergymen and laymen, without any official character whatever. The only weight, therefore, attaching to the resolutions passed in it, is that they represent, to some extent, the pubhc opinion of the Q-ermau Protestant Churches. — Tr. * See Apendix to Letter ix. 12 266 SIGNS -OF THE TIMES. But we will first try if we can come to underatand our author better, as he is so renowned a dialectician. If the Jewish law, commanding the stoning of idolaters^ has its counterpart in the future Kingdom of God^ we must ask, in the first place, whether we are to under- stand by this term, the thousand yeara' reign in which men are to be living on this earth, or a kingdom in the next world where, according to the words of our Lord, " they neither marry nor are given in marriage." NoWj as I am quite unable to connect any intelligible idea with the assertion, that the civil legislation of the Jews was a type of such a divine life in the Spirit, and our in- structor gives us no help ia the matter, I must, since we have to employ human logic, assume the first. Of course, if the orator was referring 'to the second, he is at liberty to tell ua so ; in which case he had better have done it at first. Now, in the millennium, what can we conceive of as the antitype of the stoning of idolaters? To escape needless difficulties, we are ready to assume that in the millennium God should not reign in person ; for, if this were the case, what would be signified by the punish- ment of idolaters? Merely that the unhappy men should be crushed by the rock of God's Word, i. e., con- verted through the spiritual agencies of conviction and the all-conquering, because divine, energy of love ? If so, we quite agree with the Professor of Canon and Civil Law that this were a method worthy of the Kiag- dom of God. In common with many millions of Chris- tians of our own day, and with the most venerable, wise, and pious Christians of former ages, we wish, and beg, and pray, that this method may, without further delay, be employed in the cause of religion by the Christian State, in the stead of all police -penalties and coercive OBLIGATIONS OF CHRISTIAN GOVERNORS. 267 measures. If we did not believe already, according to Christ's words, that the Kingdom of God had begun with the announcement of salvation and the founding of Christian communities, we should find a new proof of it in such a fulfillment of the orator's type. We can hardly help asking how is it that he can not see the forest for the trees? However, his words may have a deeper sense. Perhaps the stoning is an emblem of the Bang- dom of God, ia that all idolatry is really annihilated in the latter, while in the Jewish State, on the contrary, even so far as the law came into operation, nothing but the act expressing the ungodly temper of mind? But then, what becomes of the pretty play of the contrast ? The stoning of the idolaters, according to the law of Moses, does not justify the Christian State in attaching a still severer penalty to apostasy from the faith, but is a type of the blessed condition of things in the Kingdom of God, where there are no idolaters at all. This says either nothing, or expresses in pompous language a truth neither new nor contested. Meanwhile, I return to our oration : it continues thus : " Moreover, the tolerance to be exercised by a Christian Grov- emment, equally with that which is incumbent on individual Christians, does not rest on the recognition of man's right to an arbitrary choice of his religious beUef, but on the duty of forbear- ance and tenderness toward his particular religious condition, therefore toward his religious conscience even if in error. There- fore where there is not, and can not be, any religious conscience, there the State is under no obligation, merely for the sake of freedom, to accord any Ucense on the field of religion. It is no part of Christian tolerance to permit a decidedly Atheistic or materiaUstic profession of faith — still less that children should be educated in the same ; for no one has a religious conscience im- pelling him to bear witness for Atheism, and consecrate his child- ren to it; toward a non-existent God no obligation of conscience 268- SIGNS OF THE TIMES. can be supposed. It is, at least, no unconditional duty of Chris- tian tolerance to give a general permission to Deistical religious associations, i. e., to such as deny a"^ositive revelation. Toward the Grod whose existence we merely infer from reason but from whom we confess we have received no communication nor com- mand with regard to the matter of his adoration, we can have no dictate of conscience impeUing us to a common worship of Him in pubUc. Sui even with regard to the va/rious confessions cmd Christian, sects of positive believers, the granting of formal legal guaranties for the exercise of their religion, still more their reception as authorized forms ofpubUc worship, oversteps the limits of Chris- tian toleration. Such higher privileges rest upon a special recogni- tion of the intrinsic worth of these faiths according to the Christian standard, or of their historical justification, or, lastly, of their prov- idential significance." A Daniel ! A Daniel ! will many fellow-believers of the eloquent man be ready to exclaim, and probably those of Rome and the members of a certain Society among the first. But I confess, my respected friend, that I can not even cry, A Gramaliel ! For this wise Rabbi observed to his brethren in office, the members of the Supreme Ecclesiastical Council of Judea, that it might be as well not to stone the men who preached the new doctrine of the Gralilean, as they were just about to do to the glory of God. "For," says he (Acts v. 38, 39), " if this counsel or this work be of men, it will come to naught : but if it be of God, ye can not overthrow it ; lest haply ye be found feven to fight against God." I do not know whether Gamaliel regarded it as a correct application of his exalted (because reasonable) principle of toleration, that upon hearing his speech the assembled Counselors caused the Apostles to be scourged. But in so far as the proceeding may be conceived as lying within the sphere of the correctional police. Dr. Stahl might prove it as highly as his political adherents in the doc- trine of the Christian State do their favorite punishment OBLIGATIONS OF CHRISTIAN GOVERNORS. 269 of the cane. He insists only on the exclusion of "crifn- itial proceedings." So did the Grand Duke of Tuscany two years ago : he only caused the Madiais to be put in confinement; and when Cecchetti was sentenced by a civil tribunal, or more correctly by a police magistrate, to a year in the house of correction, it was purely a civil proceeding. Let us then leave Daniel and Gamaliel, and try to come to a clear notion as to the essence jDf Stahl's toler- ation in a Christian (therefore the Prussian) State. His words merit universal attention; they are spoken ex cathedra (only a little top much in the consciousness of that high position where one speaks and all the rest are silent). What excites my alarm and astonishment is that he seems to be either entirely unmindful of the Constitution, or else to regard it as something unchris- tian, which requires to be amended and decently draped in accordance with the new Judaic-scholastic-pietistic- Lutheran view of the moral government of God. Both cases appear to me hardly reconcilable with wisdom and honesty. If our jurisprudence is to be rendered Chris- tian after the pattern of such theories, we have not only no longer any ground of objection to urge against the persecution of our co-religionists in Italy and Austria which we complain of, but, to speak plainly, as far as it rests with Stahl, neither should we have any legal guaranty left for the continuance of any one of our liberties, political, religious, or mental. What should we say, my dear friend if one of these days we ourselves should be arrested, not on a criminal, but only on a police warrant, in case (which God forbid) we should be induced by the anti-Gamalielic tolerance of Old Lutheranism in some parts of our country where it prevails, and by the wish to escape from Lutheran 270 SIGNS 01" THE TIMES. exclusiveness and maledictions, to meet together witli some like-minded friends purely for the purpose of relig- ious worship, according to a form more resembling, for instance, that of the Reformed Church. We should, of course, do so, observing all existing regulations, statutes, and Christian institutions ; but God has blessed us with children and grandchildren, and these would be taken out of our hands without further ceremony ; for it is the duty of Stahl's Christian State to see to it that they are not led astray. Puchta's refutation of this despotic theory has not convinced his great friend ; perhaps per- secutions will. I do not know what guaranties we could offer. If, indeed, we could get off with historical creeds, I should be ready to sign the Augsburg Confession at once, if I were allowed to do so with reservation of the supreme authority of the Bible, and the doctrine of justification by faith, which overrides all the dogmas of State Churches. But some sort of a " quatenus" some restrictive formula, which may blunt the edge of the dogmatic absolutism of Byzantium and Rome, such as that formerly in general use, " In so far as the symbolic books agree with Holy Scripture," we must beg for. All this, however, would avail us nothing where the Lutheran Government was animated by ' a truly living faith' — as in Mecklenburg and other countries which present a truer exemplar of the re-establishment of the Christian State and the priestly office, if not of the Kingdom of God itself To concede our petition would be, in the eyes of such watchmen of Zion, to abandon divine truth to the " license, of the individual," or what the Puseyites decry as "private judgment." This might iadeed be admissible in the case of other confes- sions, but of course not with "ours;" for "we know" that we have the truth. Now if you and I should be LESSONS OF HISTOET. 271 overtaken by some human frailty, and seized with moral indignation on hearing the invectives against factions and sects customary in the Christian preaching of these ■ days applied to ourselves— if, remembering that man is Ood's image, we should appeal to our common human rights (not " fundamental" rights, else we might all together be declared guilty of high treason), we should at once be placed in the category of Deists and Atheists. The utmost mercy we could beg would be that, on the strength of our Lutheran baptism, we might appeal to litis oration, according to which no " criminal- prosecu- tion" should be instituted against us. Even this restric- tion seems to have cost the orator some self-denial. His doctrine of the heavy responsibility resting upon Chris- tian ijrovemments, if they do not maintain Christian discipline, has stood in his path like a Medusa's head. For, at the concluaon of his discourse, he bestows a solemn absolution upon such Grovemments as may fear for the safety of their souls if they extend the doctrine of toleration so far; and assures them that, for such lenity, they shall not be condemned at the last day. Still, certainly, if these tender consciences should tliink it after all safer to maintain the faith in all rigor, we shall find ourselves in a dungeon, or, at best, only have to hope for "the enviable privilege of banishment." See, my dear friend, ail this we should have reason to fear, — and who knows how soon, if we look at the history of the sixteenth and seventeenth centuries ! And yet if we acted as I had supposed, what should we have done more than the Christians of apostolical times (to whom some of that party appeal so often and so in- cautiously) did and said in the persecutions under Nero and Decius, when they shed their blood to re-awaken the reverence for man as man, i. $., as the image of 272 SIGNS OF THE TIMES. God, in the name of the Son of Man ? Unhappily, the love of persecution, or the conviction of its necessity, is also clearly betrayed in the somewhat ambiguous answer which the acute Professor returned to the straightforward questions of the unsuspecting Baptists concerning persecution, at the Berlin Kirchentag of 1853. He, indeed, protested against the supposition of the Church's preaching persecution, but he said so much at the same time of the care with which the State ought to watch over the defense of the Church, and again of the impossibility that the Church should de- spise such a protection, that the English Baptists were compelled to declare in their report that they had not been able to draw any encouragement from his speech, for they could see nothing in it but a covert justificatian of some impending persecution. If I look at realities as they lie before us, I know, indeed, that such a persecution is impossible under our present royal family, and was so even before we had a Constitution. I have amply wished to show to what lengths " the discourse would force us to ^" (to speak .with Socrates in Plato) — whither that system logically applied would conduct us. And I can not for^t that Dr. Stahl is not only the greatest orator of the party, but confessedly one of its moderate members. He is, further, a man of learning and intellect, and no one has ever reproached him with barbarism or that innate hatred to mental culture which some evince. Nay, even in the lectures which he delivered before the same Protestant association in 1853, he has said so much that is truly evangelical and Christian (though even then mingled with questionable eulogies of the Catholic episcopacy and apostolical succession), that we may, perhaps, hope better things of him yet. APPREHENSIONS FOR THE PTJTURE. 273 To me, his system appears as fundamentally fallacious as it is un-Protestant and un-Prussian, — un-scriptural, and J must add, not only unphilosophical, but also, repug- nant to sound common sense. What is the good of such hair-splitting distinctions between " tolerance," and "Christian tolerance;" between "liberty" and "guar- anties of liberty ;" nay, between " pertonal freedom of conscience" and " freedom of religious association" ? That is no more than is ofiFered by the Spanish ministers and the Portuguese Constitution. And this to us Prus- sians ! And our apprehensions are eiihanced when we proceed to elamine the doctrine of our orator with re- gard to the Church and to free inquiry, and his view of the Union, which is closely connected with these ques- tions in his mind. These topics shall conclude our dis- cussion, and form the subject of my next letter. Mean- while, farewell! 12* LETTER X. OBJECTIONS TO STAHL'S DOCTRINE OF THE CHURCH AND THE UNION, IN ITS BEARING ON LAW, ON RELIGIOUS LIBERTY, AND ON FREE INQUIRY. CONCLUSION OF THE GENERAL SURVEY OF THE SIGNS OF THE TIMES. Chaelottenbeeg, 28tli August, 1855. The 106th Anniversary of Goethe's birth. My Dear Friend, The day on -wliicli we commenced our corre- spondence was fixed for us : we found the summons to a solemn celebration of the festival of St. Boniface lying before us, aiid we could not refuse to obey it. And thus the course of our discussion has led us on further and further, till we arrive at its conclusion on the birth-day of Goethe, who saw the light one hundred and six years ago this day. A martyr's day this too! For the entrance into life is the entrance into sorrow, and most surely so for all who come forward in the character of " confessors," as those old heroes .of Christianity were so beautifully called. And Goethe too was surely a con- fessor, nay, more — a prophet and an apostle, equally of Germany and of humanity. Yes, we will say so boldly, in defiance of the malicious taunts, not to say calumnies, of Hengstenberg's Kirchen-zeitung, and other " Chris- tian" friends of the orator with, whom we have to do. Still I secretly flatter myself that a man of genius -like GOETHE. 275 Stahl, and one so thoToughly imbued with the German tone of thought and language, will not, in spite of his associations and his scholasticism, remember this our hero without reverence and affection ; but that if our words should meet his eye, he will also rejoice on this day, and at last join in the motto which I propose to bor- row from Goethe's sayings for the heading of our present discussion. The passage which I am about to offer to your notice, teaches us that the eye of reason contem- plates the history of revelation from Adam to Christ as a mirror of the universe ; by which it is evident that Goethe not only intends to express the divine reasonable- ness of this revelation, but sets a Christian belief before reason as her highest problem. Toward the end of the year 1816, the composer Zelter announced to Goethe that the idea had struck him of con- secrating the approaching tricentenary of the Reforma- tion with a solemn oratorio, and begged for his master's opinion and counsel on the subject. Goethe praised him for having conceived a purpose so noble and so appro- priate to the occoasion, and sketched out for him a brief plan for an oratorio, in the style of Handel's " Messiah," — " Christ in the World's History." When we survey this grand and truly inspired scheme, it is easily ex- plained why it was never carried out by the man at whose request it had been written, for it far transcended his powers. But if death had not snatched away from us so early the youthful genius whom we have both known from his cradle, and whom I glory in having loved from the first, and greeted with all the reverence due to genius — if Felix Mendelssohn had not died just when, presaging the approach of the storms about to burst over our country, he was intending to withdraw for some years into solitude at Rome, and there work out 276 SIGNS OP THE TIMES. his "Christ" according to the idea in his mind — then Goethe's idea -would have been realized in a manner worthy not only of him, but of its great object. Still Goethe's conception stands before us for all time as a great Christian thought. He introduces it in these terms : " Since the leading idea of Lutiier's system rests upon a truly. noble basis, it offers a fine occasion both for poetical a.nd musical treatment. This baas consists in the definitive contrast between Law and Chspel, and in the reconciliation of these extremes. Now, if, in order to rise to a higher point of view, we substitute for these two expressions the words Necessity and Freedom, with their synonyms, with their divergent and approximating mean- ings, you will see clearly that in this circle every thing is included which can be interesting to man. "And thus Luther perceives in the Old and New Testament the symbols of the great perpetually self-repeating Soul of the Universe. There we see the law which strives after love, here the love" which strives back -again after law and fulfills it; not, however, of its own might and power, but through faith in the Messiah, whom all things foreshadow, and who works in alL "These few words may be sufficient to convince us that Lutheranism can never be recondled with Papacy, but does not militate against pure reason, when the latter is willing to regard the Bible as the mirror of the universe, which, indeed, she ought to find no difficult task." You will remark, my dear friend, that our immortal poet has here, whether intentionally or not, so to speak, given an authentic exposition of the well-known distich, written at an earlier period of his life, in which it is said, that formerly Lutheranism had hindered the tranquil development of civilization.* That is to say, in the pas- sage we have just quoted, he uses the term Lutheranism * Die Vier Jahreszeiten, § 68. " Franzthum drangt in diesen verworrenen Tagen, wie ehmals Lutherthijni es gethan, ruhige Bildung zuriick." — Tr. THE CHUECH AND GERMAN PROTESTANTISM. 277 in reference to Luther personally, and to the great his- torical idea which prompted his act ; in the angry dis- tich, he means what, we now call Lutheranism — he means that un-historical and un-philosophical, as equally un-theological and un-evangelical network of inferential dogmas in which Luther himself, to his own and Me- lancthon's grief, became entangled, during the latter half of his life, and which afterward the Lutheran schoolmen elaborated and endeavored to impose on the Church as a " Confession of Faith." In this sense, our great seer has, as a great seer ought ,to do, uttered an incontestable fact, and spoken prophetically of the future. For just as those theologians desired to impose their highly doubtful scholastic inferences on our fathers as articles of faith and grounds of religious division, so do their successors now-a-days press upon our acceptance all the scholasticism of the theological confessions as " revealed truth." Hence we will take this motto with us by the way as our watehword — Honi soit qui mal y pense ! And now to our work, which is truly no easy task; for we have first to examine the orator's scholastic doc- trine of the Church, and then the Ecclesiastical Counsel- or's views, so nearly connected therewith, of one of the most difficult questions of the present day — ^the Union and the National Church of Prussia. We can not ven- ture, however, to descend with him into the plain of real life, till we have attempted to ascend with him to the chmax of his whole oration. The orator is conscious that his doctrine of the Church brings us to the culminating point of his eloquent dis- course; for he propounds it in the most solemn and elevated tone : " German Protestantism" (he says, p. 22) " has a higher mission than that which the ' Evangelical 278 SIGNS OF THE TIMES. Alliance' of the English aspires to fulfill. Its vocation is not to unite the sects, but to exhibit the unity of the Church. And the seal of this Church is a public Con- fession of Faith, whose delirery constituted an era in the history of the ■world:" namely, that delivered at Augsburg. Mark, it can only be the original unmodified Confession of 1530, of which he is here speaking ; for Melancthon's milder formula was never publicly deliv- ered, but only solemnly recognized. Now, if we accept this as our Creed, without making any distinction as to the contents of the several artiples (which, as we shall soon see, will not do for Dr. Stahl), we shall be obliged to pronounce a curse on oui- brethren of the Reformed Church, on account of their doctrine concerning the Lord's Supper. On the sentence we have quoted, follows Stahl's Profession of Faith Concerning the Church. It is an eloquent elaboration of his avowal at the Kirchentag of 1853, where, as a good jurist, he indeed accepted the decision of the majority as a matter of expediency, but sought to attain, by the insertion of clauses, what he had been unable to carry in the com- mittee. Notwithstanding its length we give the entire " We do not seek so to loose men from the Church that each individual may remain, up to maturity, as far as possible free from predisposing influences — as it were a tabula rasa — ^and then, with the Bible in one hand and the Ust of some twenty Protestant denominations in the other, decide in perfect freedom, as he imagines, to which of these he wiU belong. ■ On the contrary, we strive to bind men to that Church which we recognize as the true one : we would have them carried in the arms of the Church from childhood up, by baptism, catechetical instruction, confirma- tion — ^by the influence and authority of parents and teachers — ^by all the pubKc rites of rehgion. Even our investigation of Scripture proceeds upon our belief in the unity of the Church; for the THE CHXTROH AND GERMAN PROTESTANTISM. 279 Protestant principle of free inquiry, which was first proclaimed Ijy the German Reformers, we do not understand and practice other- wise than in allegiance to the reverence due to the belief of cen- turies, and the testimony of specially enlightened men and ages. " In this we do not, as is said to our reproach, adopt a semi- Catholic conception, and seek the kingdom of God in the outward institutions of the Church rather than in the salvation of the indi- vidual soul. We do not deny that the individual soul is the ultim- ate end, and the highest standard in reUgion; but we do deny that the individual soul — that is, the soul in its isolated character — ^is the seat of divine communications, and the recipient of special acts of grace. This, however, is the conception whicb is held up in opposition to us, and which is precisely the culminat- ing point of the principle of Independency. According to that system, the individual congregation is independent, sovereign in the kingdom of God, the abode of Ijie Holy Spirit. According to this conception, by logical inference from the principle laid down, the individual soul is independent, sovereign in the king- dom of God, the dwelling of the Holy Spirit ; and can hence begin entirely afresh, and from its own resources, to expound the Bible, and to discover therein things which are, at all events, quite new and hitherto unheard-of Our doctrine is that the communica- tions of divine grace are promised to the soul only in the Church. But the Church is not a mere external institution ; it is a king- dom consisting in the influences and operations of inward spiritual forces. It is a reciprocal interworking of the inward personal faith of man with the outward forms and monuments which have been created by faith, and now stream out again, the breath of faith over man ; an interfusing of the grace which God has stored up in his ordinances, and that which he operates in the sovl; it is the treasury of all divine blessings, and of all human ;i;ap«iT/i(ira and efforfa, a transmission of sacred things from generation to generation. Hence it embraces within its scope the imderstand- ing of the Word of God, as it has been wrought out by the faith of Christendom, and by the aid of a profoundly believing theolog- ical learning, during the chain of successive centuries: and the beautiiul forms of worship which have been framed by devout hearts, from the days of the Apostles to our own : the communion of the office of the ministry ; the Christian consecration for all the relations of life, for the home, for the State, for art, for science : 280 SIGNS OF THE TIMES. the Christiafi discipline and social arrangement of the nation, andj above all, the sacraments in their proper use and significance. These are ordinances and bonds which God has intertwined throughout Christendom, and which Christendom has in all ages helped to weave. The community of believers within the circling limit of these ordinwnces and bonds, not external to it, is the Church — ^the mystical body of Christ, the seat of the operations of divine grace, of the Spirit who guideth into all truth. To exalt the Church is not, tiierefore, to cleave to outward forms, to violate the ties which bind the soul to Christ, but to cherish and strengthen this personal bond. The fruit of the kingdom of Grod is the salvation of souls ; but the soil on which alone this fruit can grow and flourish is the Church. It is not cherishing the plants to tear them out of their native beds, that they may grow inde- pendently, by the energy of their vital juices. Now, by virtue of this its vocation toward the Church, G-erman Protestantism can exercise no such tolerance as would derogate in anywise from her rights. The German Protestant can never recognize the Evangelical sects — he can only recognize the individual members of such sects in their personal relation as brothers in Christ, not so much lecause, as although, they belong to a sect. His tolerance consists in the fact that he does not judge the persons of men, not that he considers the existence and founding of sects as innocent in itself (as the Americans do, probably from knovring no better) — ^for it is written, ' There shall not be divisions among you.' " The German Protestant willingly, also, concedes to all sects the free exercise of their rehgion, but he can not feel any obKga- tion to accede to the demand made upon him to secure them the right of making his own Church the field of their missionary labors. Neither does it by any means follow from the permission for the free exercise of worship, that a legally guarantied and authorized existence as a Church shall be granted. In our States which still retain an estabUshed Church, and whose Christian life has ever been rooted in the Qhurch, an unlimited so-called Free- dom of the Gospel is not a principle, nor yet a justifiable demand any more than the universal ' Freedom of Religion.' For what, we ask, is to be the distinctive sign of the Gospel ? Do not even free Scriptural inquiry, and the doctrine of justification by faith, assume a totally different aspect in the whole religious system of TRUE PRINCIPLE OF INDEPENDENCT. 281 one sect compared with that of another? And ought their position relatively to the Church to be entirely unaffected thereby? All positive concessions to any given sect are, there- fore, properly made conditional on the examination of its doc- triues by the authorities ; and the States of Protestant Germany have no cause to be otherwise than chary of such concessions." Here, therefore, we have our orator's doctrine of the Church, and its immediate application to religious liberty, which we wished to hear from his own lips. But we can neither accept the doctrine nor the inference. In one remark, certainly, we entirely concur with him. He says -that his doctrine has been unjustly reproached as being a semi-Catholic conception of the ideal of a Church. I do not know who has made such a charge, but, who- ever he may be, he is certainly wrong. Stahl's view is not semi-Catholic, but entirely so — or, to leave no ambiguity, thoroughly Popish. If it should ever come to Dr. Stahl's finally casting off the United National Church of Prussia, or being cast out by it, we tell him beforehand, that if he still adheres to his doctrine, he will find -less difficulty in making it pass current at Munich than at Erlangen. Unquestionably he who denies that the individual Christian lives in the Church, and is called to live in and for the community, is no Christian. But no one does say this; least of all the Independents, against whom our orator declaims with so much warmth. Like the ancient Christians, they regard every local congre- gation which has adopted an organization of its own, as a self-governing Church, not subject to other Churches. But this Congregation or Church is the judge whether one of its own members holds and teaches the right fiiith. Nay, one section of these congregational denominations — the Baptists — ^recognize none as members of their Church 282 SIGNS OF THE TIMES, but those whom the congregation itself has examined and approved. No one can be farther than they from deny- ing the Congregation; and the Congregation is the Church, according to the Bible. Neither is this the case with the Anti-Trinitarians or Anti-Athanasians. the most noble-minded and enlight- ened exponent of whose views, Dr. Channing, is now as little a stranger in Germany as in France. Nay, it is not even true with respect to the so-called "Free Churches" and " German Catholics" that have sprung up within the last ten years, except in those instances where they have proved themselves to be purely political associations under another name, and have been treated as such. On the other side, however; all Protestant Confessions, and the sentiments of all evangelical Christians (which in this relation, also, constitute public opinion, Dr. Stahl's "blessing-bringing curse"), harmonize on this point, that a participation in Christ and in God is con- ditional upon faith as a personal temper of trust, and that it is the Spirit of jGod which kindles this faith in the heart, according to Christ's promise, given just be- fore his sufferings and departure from this world. He who denies this is certainly no Protestant. Christian; but Dr. Stahl must permit me to say that the statement of his just quoted does in effect deny it. To me, at least, all his phrases about the Church appear to be either in- genious modes of expressing the well-known belief of all Protestant Churches, or, where they depart from this, to involve an essential annulling and denial of the same. What mean the words : " We only deny that the indi- vidual soul — that is, the soul in its isolated character — is the seat of divine communications, and the recipient of special acts of grace ?" That is to say, he denies WHAT IS THE CHURCH? 283 either nothing or every thing. Either he does not deny that saving faith is a personal thing — and, if so, -why his attack on the Independents ? — or he denies the funda- mental Protestant principle of justification, and how does that accord with his office as a member of the Supreme Ecclesiastical Council ? The same may be said of the proposition : " Our doc- trine is that the communications of divine grace are only promised to. the soul in the Church." Here, I ask again, what is the Church ? If it be the organized com- munity of Christians, of which the family represents the simplest outward form, such an expression is perfectly allowable ; but in that case it simply declares a fact of natural and civil social life which no one has ever dis- puted. But if in the above extract the term Church is used in the sense of the writers on canon law, as the theologico-hierarchical institution whose teachings are infallible, and which is the object of faith, then the writer is simply a Catholic, in the sense of Rome. And further on we read : " The Church is * * * the treasury of all divine blessings, and of aU human ;i;api