Bread Basket Act

from Wikipedia, the free encyclopedia
This article or the following section is not adequately provided with supporting documents ( e.g. individual evidence ). Information without sufficient evidence could be removed soon. Please help Wikipedia by researching the information and including good evidence.
Basic data
Title: Law regarding the suspension of state funds for the Roman Catholic dioceses and clergy
Short title: Bread Basket Act ( coll. )
Type: Particular law
Scope: Prussia
Legal matter:
Issued on: April 22, 1875
( PrGS. P. 194)
Entry into force on: April 26, 1875
Please note the note on the applicable legal version.

The bread basket Act was the Chancellor and Prussian Prime Minister at the instigation of Otto von Bismarck in 1875 in the cultural struggle between the Empire and the Catholic Church from the Prussian Parliament adopted and of King I. Wilhelm prescribed. The core of the law was the blocking of all state subsidies to ecclesiastical institutions of the Catholic Church in order to force the recognition of the Kulturkampf Laws by the Church. Bishops and clergy who made this acknowledgment in writing received state benefits again. The bread basket was hung high in the churches . The Bread Basket Act was one of several laws in the Kulturkampf with which Bismarck wanted to push back the influence of the Catholic Church in favor of the Empire. However, Bismarck's project had only minor successes.

Historical prehistory

In the first millennium the claim to a special position of the Bishop of Rome in the Catholic Church developed as the successor of the Apostle Peter. In Dictatus Papae (1075) by Pope Gregory VII. This development took its first peak by Gregor this claim to supremacy on the temporal power, the emperor extended.

Effects of the dogma of infallibility

With the first Vatican Council (1869-1870) under Pope Pius IX. the Pope's infallibility became a dogma. 18 out of 19 German bishops initially spoke out against the dogma of infallibility, but nevertheless submitted to the council's decision. The church in Germany was thus in contradiction to the liberal views prevailing in Germany at the time.

The Kulturkampf

Otto von Bismarck led the Kulturkampf against the Catholic Church and the Center Party associated with it, i.e. against the power of the Church, for the monarchy and the empire. At the center, Bismarck saw an opposition in the Reichstag, a “black international” that was ruled anti-nationalist from Rome. He accused these “enemies of the Reich” of the Prussian-Protestant Empire of fighting against national unity.

In 1871, Bismarck had the pulpit paragraph inserted into the penal code, which forbade clergymen and church officials, under threat of imprisonment or imprisonment, from commenting on political events in the exercise of their profession or from distributing writings that had such content.

In 1872 the Jesuit Law followed , which banned the Jesuit orders and other orders. The only exceptions were religious orders that were active in nursing.

The May Laws

The May Laws of 1873 stipulated that no clergyman or priest could be appointed without the consent of the imperial authorities. In 1875 civil marriage was introduced with the Civil Status Act. This law stipulates that in the future every marriage as well as births and deaths must be certified by state registrars. The church's sole right to marry was thus repealed.

Catholic associations and the press were also monitored and state supervision of religious instruction was significantly expanded. In June 1875 the church articles in the Prussian constitution, which had guaranteed church autonomy and denominational parity, finally followed.

The Pope declared these May Laws to be invalid in February 1875 and threatened to expel anyone who took part in their implementation.

The bread basket law

The policy of the empire reacted, but only for Prussia, with the so-called "Bread Basket Act" (April 1875).

The legal text:

We, Wilhelm, by the grace of God, decree the King of Prussia, with the consent of both Houses of Parliament, for the scope of the monarchy, which follows:
§1 In the archdioceses of Cologne, Gnesen and Posen, the dioceses of Kulm, Ermland, Breslau, Hildesheim, Osnabrück, Paderborn, Münster, Trier, Fulda, Limburg, the delegation districts of these dioceses, as well as in the Prussian parts of the archdioceses of Prague, Olomouc , Freiburg and for the Diocese of Mainz, from the day this law is promulgated, all services intended for the dioceses, the institutes belonging to them and the clergy from state funds are suspended.
Services that are intended for institutional chaplains are excluded from this measure.
State resources also include special funds under permanent state administration.
§ 2 The discontinued services will be resumed for the scope of the district as soon as the bishop (archbishop, prince-bishop) or diocesan administrator undertakes to comply with the laws of the state by means of a written declaration to the state government.
§ 3 In the archdioceses of Gnesen and Posen, as well as in the diocese of Paderborn, the suspended services for the scope of the parish will be resumed as soon as the diocese administrator or the appointment of a new bishop has been legally established.
§ 4 If a currently occupied episcopal chair occurs, or if the current diocese administrator of the diocese of Fulda leaves his office before the services are resumed on the basis of § 2, the suspension of the same continues for the scope of the district until the appointment of a diocese administrator or the installation of a new bishop has taken place in a lawful manner.
§ 5 If the state funds are resumed for the scope of a bunker, but individual persons entitled to receive, regardless of the obligation assumed by the bishop or diocese administrator, refuse to obey the law of the state, the state government is authorized to discontinue the services intended for these persons entitled to receive .
§ 6 The resumption of the discontinued services to individual beneficiaries takes place, except in the cases of §§ 2 to 4, if the beneficiary undertakes to comply with the laws of the state towards the state government in the manner described in § 2.
In addition, the state government is authorized to resume the discontinued services to individual beneficiaries if their actions show the intention to comply with the laws of the state. If they soon refuse to obey the laws of the state, the benefits from state funds are to be discontinued.
§ 7 The decision of the ecclesiastical authorities, which impose a disciplinary punishment on a clergyman against whom the state government has resumed the suspended services in accordance with § 6, can be made by the clergyman as well as by the chief president by appeal to the Royal Court of Justice for ecclesiastical affairs may be contested without the restriction of Section 12 of the law of May 12, 1873.
The appeal in these cases may be based on new facts and evidence.
§ 8 The resumption of the suspended services takes place in all cases from the first day of the quarter in which the legal requirement for resumption has occurred.
§ 9 Regarding the use of the amounts accumulated during the suspension of the services, the right is reserved to statutory provisions, unless they are to be offset as saved or otherwise used in favor of the general state funds due to the legal nature of their origin.
In the case of a provisional administration of the episcopal property, the Minister of Spiritual Affairs is authorized, on the basis of the law of May 20, 1874, to continue to provide the services intended for the endowment of the dioceses to the extent that this is for provisional purposes and to cover costs same are required.
§ 10 The executive collection by administrative means does not take place with regard to the taxes and services to the dioceses, the institutes belonging to the same and the clergy, for the entire scope of a district as long as the suspension of the services as state funds lasts for the same.
The state and municipal tax collectors are not allowed to collect the above-mentioned taxes and to pay them to those entitled to receive them during the period of employment.
§ 11 If the benefits from state funds to a person entitled to receive are resumed on the basis of § 6, the administrative execution is to be granted again with regard to the duties and benefits that are due from this point in time.
The same applies to those clergymen who do not have to receive any payments from state funds with regard to taxes and services, if they undertake to comply with the laws of the state for so long by express or tacit expression of their will (Section 6 (1) and (2)) they fulfill this obligation.
§ 12 Anyone who, in the cases of §§ 2 and 6, cancels the obligation declared in writing, or the obligation assumed by the same, contravenes the provisions of the state laws relating to his office or his official performance or the orders made in this regard by the authorities within their legal jurisdiction injured, is to be dismissed from his office by judicial judgment.
§ 13 Dismissal from office results in the legal inability to exercise the office, loss of official income and the completion of the position. In addition, the cessation of the performance from state funds, as well as the administrative execution in the previous scope occurs again.
The Minister of Spiritual Affairs is empowered to order the cessation of services once the procedure has been initiated.
If the procedure ends with acquittal, the amounts retained as a result of the ruling must be paid back.
§ 14 The Royal Court of Justice for Church Affairs is responsible for negotiating and making decisions. The procedure before the same is governed by the provisions of Section III. of the law of May 12, 1873 on ecclesiastical affairs (law collection p. 198.).
Anyone who performs official acts after having been dismissed from his office in accordance with Section 12 of this law will be punished with a fine of up to 300 marks, in the case of repetition up to 3000 marks.
§ 16 The Minister of Spiritual Affairs is charged with the implementation of this law.
Documented under our signature and with the imprinted royal seal.
Given Wiesbaden, April 22nd, 1875.
(LS) Wilhelm.
Prince v. Bismarck. Camphausen. Size to Eulenberg. Leonhardt. Falk. v. Camels. Achenbach. Friedenthal.
(Source: see web link)

In 1875 further anti-church measures followed:

  • May 31, 1875
The Prussian law on orders and order-like congregations of the Catholic Church, which banned all orders with the exception of the nursing orders within six months, whereby the termination period could only be extended for the school orders .
  • June 18, 1875
The Prussian law repealing Articles 15, 16 and 18 of the Prussian constitution.
  • June 20, 1875
The Prussian law on asset management in Catholic parishes, which prescribed a church council and a parish council for asset management in every Catholic parish.
  • 4th July 1875
The Prussian law on the rights of the Old Catholic church communities to ecclesiastical property, which granted Old Catholics shared use of Catholic churches and cemeteries if there were a significant number of members.

Further laws followed: Episcopal teaching and educational institutions were closed, religious branches, insofar as they were not used for nursing the sick, were abolished, and religious were expelled. It also provided that the clergy who professed their support for the state and thus opposed the Pope were exempt from these sanctions. However, only very few clergy took advantage of this opportunity (24 out of around 4,000).

consequences

Bishops and priests who disregarded the exceptional laws were sentenced to fines or imprisonment. In the event of non-payment, house searches, foreclosures and foreclosures were carried out. In 1878 only three bishops were in office in the twelve dioceses of Prussia. A quarter of all Catholic parishes in Prussia remained vacant. A total of 296 Catholic religious branches with almost 4,000 members were banned.

However, Bismarck did not achieve his goal. The struggle against Catholics strengthened ties to the Pope and identification with the Papacy. Previous conflicts of interest between liberal and conservative Catholics faded into the background. The Catholic clubs and associations and the Catholic press gained in importance and supported the policy of the center. In the Reichstag elections in 1877 and 1878 , the Center Party became the second largest group in parliament.

Otto von Bismarck gradually gave in. The Bread Basket Act was repealed on July 14, 1880. At the same time, the bishops no longer had to take an oath on the Prussian laws.

Web links