Meanwhile at Berlin petitions to the Reichstag demanded the expulsion of
the Jesuits, and in 1872 an imperial law to this effect was carried;
this was again a serious interference with the control over religious
matters reserved to the states. In Prussia the government, having
determined to embark on an anti-Catholic policy, suppressed the Catholic
division in the ministry, and appointed a new minister, Falk, a Liberal
lawyer of uncompromising character. A law was carried placing the
inspection of schools entirely in the hands of the state; hitherto in
many provinces it had belonged to the clergy, Catholic or Protestant.
This was followed by the measures to which the name _Kulturkampf_ really
applied (an expression used first by Virchow to imply that it was a
struggle of principle between the teaching of the Church and that of
modern society). They were measures in which the state no longer, as in
the school inspection law or in the introduction of civil marriage,
defended its prerogatives against the Church, but assumed itself a
direct control over ecclesiastical matters.
At the end of 1872 and the beginning of 1873 Falk laid before the
Prussian Lower House the draft of four laws. Of these, one forbade
ministers of religion from abusing ecclesiastical punishment; the
second, which was the most important, introduced a law already adopted
in Baden, that no one should be appointed to any office in the Church
except a German, who must have received his education in a German
gymnasium, have studied for three years in a German university, and have
passed a state examination in philosophy, history, German literature and
classics; all ecclesiastical seminaries were placed under the control of
the state, and all seminaries for boys were forbidden. Moreover, every
appointment to an ecclesiastical benefice was to be notified to the
president of the province, and the confirmation could be refused on the
ground that there were facts which could support the assumption that the
appointment would be dangerous to public order. The third law appointed
a court for trying ecclesiastical offences, to which was given the right
of suspending both priests and bishops, and a fourth determined the
procedure necessary for those who wished to sever their connexion with
the Roman Catholic Church.
As these laws were inconsistent with those articles of the Prussian
constitution which guaranteed to a religious corporation the
independent management of its own affairs, it was therefore necessary to
alter the constitution. This was done, and a later law in 1875 repealed
the articles altogether.
Public-domain text, read in full here on John Shaqi.
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