1873 Kulturkampf

rudolf virchow, 1861



17 january 1873, term kulturkampf came play. debating law on education conditions employment of clerics, progressive deputy in prussian legislature – distinguished medical scientist , pioneer of public health methods, rudolf virchow said: ich habe die Überzeugung, es handelt sich hier um einen großen kulturkampf. (i of conviction great cultural struggle) repeated term in call vote german progress party on 23 march 1873. ironically picked , derided in catholic press , enthusiastically defended in liberal.
30 january 1873, while laws being debated in parliament, prussian bishops submit protest against planned legislation , in memorial, announced opposition new laws.
5 april 1873, prussia, amendment of sections 15, 16 , 18 of prussian constitution


in section 15 sentence protestant , roman catholic church every other religious community regulates , administers affairs independently supplemented remain subject laws of state , legally regulated superintendence . added, same applies possession or beneficial use of institutions religion, teaching, charity, endowments , funds.
section 16, regarding unrestricted dealings of religious communities seniors , public announcements according general regulations cancelled.
section 18 cancelled state s right appoint, nominate, elect or confirm clerics post. amendment added, state regulate minimum education required clerical posts, appointment , dismissal of clergymen , servicemen of religion, , define limits of ecclesiastical disciplinary measures.


on 2 may 1873, bishops issued common pastoral letter explaining faithful necessity unanimously , passively resist these laws.


ludwig windthorst, 1872



may laws


the may laws (maigesetze), or falk laws, set of laws passed prussian parliament in years 1873, 1874 , 1875.


four laws passed in 1873 enacted on 11/12/13/14 may 1873:


1. law on religious disaffiliation allowing person sever connection church simple declaration before justice of peace. declaration freed him civil effects of belonging church, ecclesiastical burthens , dues.


2. law on ecclesiastical disciplinary measures restricting exercise of ecclesiastical punishments , means of discipline directed against life, property, freedom or honour of citizens. included infliction of great excommunication if proclaimed name of guilty, because of possible disturbances of civil , social intercourse. thus, disciplinary measures totally restricted spiritual realm (see state monopoly on violence).


3. ecclesiastical disciplinary law concerning ecclesiastical power of discipline , establishment of royal court of justice ecclesiastical affairs. subordinated catholic church state jurisdiction not in external in internal matters. law regulated exercise of disciplinary power church authorities against officers special violation of duties. members of court had germans residing in germany. bodily chastisement church entirely forbidden, fines limited maximum amounts, restrictions of freedom consist in banishment church institution within germany no longer 3 months , not against of person concerned. on other hand, new court given jurisdiction on ecclesiastical officers in violation of state laws.
with law german clergy exempt juridical body outside of nation. hence, judgments of holy see or roman rota not binding upon them. highest court made of prussian ecclesiastics, appointed permission of prussian civil authorities. church s juridical , punitive powers restricted allowing clerics, e. g. punished church not resisting kulturkampf laws, appeal royal court of justice ecclesiastical affairs. bishops in defiance of law deposed.


4. education standards , civic registry law concerning education , appointment of priests. regarding protestant church, these regulations had been in force long time. men intended priesthood needed graduate degree (abitur) german gynasium , study 3 years of theology @ german university.
all appointments of clerics had approved state. herewith, training , appointment of clergy came under state supervision. traditional regimen of clerical study replaced modern education in liberal german institution, ensuring candidates priesthood imbued spirit of secularism. furthermore, ecclesiastical offices filled permission of highest civil authority in each province, reviving ancient practice of lay investiture.


26 may 1873, bishops issued pastoral letter calling on faithful resist new laws , informed prussian government not cooperate in execution. parish councils declined elect new pastors or accept parish administrators. exiled or imprisoned bishops used underground networks. bishops of münster , paderborn refused kulturexamen seminaries , appointed priests without notifying authorities. clergy obeying mandate of bishops became subject punishments prescribed laws. fines imposed in hundreds of cases , clerics resisted pay @ which, in turn, government resorted force, either confiscation or imprisonment of 2 years.
21 november 1873, in encyclical etsi multa on persecution of church in italy, germany, , switzerland, pope wrote of germany no wonder, then, former religious tranquility has been gravely disturbed in empire kind of law , other plans , actions of prussian government hostile church. wish falsely cast blame of disturbance on catholics of german empire! claimed freemasonry motivating force behind kulturkampf.




^ (in english) kulturkampf . new catholic dictionary. 1910. archived original on 2013-08-25. distinguished liberal politician , scientist, professor rudolph virchow, first called kulturkampf, or struggle civilization. 
^ winkler, heinrich august in: der lange weg nach westen. deutsche geschichte 1806–1933, munich 2000, p. 222.
^ bachem, karl in: vorgeschichte, geschichte und politik der deutschen zentrumspartei, vol. iii, 1927, p. 268–269
^ geschichte der cdu in: http://www.kas.de/wf/de/71.8617/
^ cite error: named reference unamsanctamcatholicam.com invoked never defined (see page).
^ catholic encyclopedia: kulturkampf . retrieved 21 december 2016. 
^ robbins, keith in: dynamics of political reform in northern europe 1780-1920, political , legal perspectives, leuven university press, isbn 9789058678256, p. 180
^ of may perchance wonder war against catholic church extends widely. indeed each of knows nature, zeal, , intention of sects, whether called masonic or other name. when compares them nature, purpose, , amplitude of conflict waged everywhere against church, cannot doubt present calamity must attributed deceits , machinations part. these synagogue of satan formed draws forces, advances standards, , joins battle against church of christ. para 28, etsi multa