Johann Kaspar Barthel

from Wikipedia, the free encyclopedia
Johann Kaspar Barthel, portrayed by Johann Jacob Haid

Johann Kaspar Barthel , also Johann Caspar Barthel (born June 10, 1697 in Kitzingen , † April 8, 1771 in Würzburg ) was a German Catholic canon lawyer and university professor .

Life

Johann Kaspar Barthel was born the son of the fisherman Georg Barthel.

He attended the city school in Kitzingen with the rector Spleißer and from 1709 to 1715 the Würzburg Jesuit grammar school (today: Wirsberg grammar school ) and entered the clerical seminary there. He completed his theological and legal studies at the University of Würzburg .

In 1717 he received his doctorate for a Magister bonarum artium et Philosophiae .

On September 20, 1721, he was ordained a priest and in the same year appointed page master, he held the post of repetitor of the law. In 1723 he became a chaplain at the Juliusspital .

Prince-Bishop Christoph Franz von Hutten sent him to Rome in order to be trained in church legal practice in the studio of the then secretary of the Congregatio Concilii Prosper Lambertini (later Benedict XIV. ).

On April 16, 1727, he finished his training with his doctorate to the Doctor juris utriusque and returned to Würzburg. He became a seminar regens and professor of canon law at the University of Würzburg. To this end, he received the order from the Würzburg Prince-Bishop Friedrich Karl von Schönborn to create a German canon law that would bring the provisions of the Corpus juris canonici into harmony with those of imperial law . This was a difficult undertaking because canon law precluded the recognition of other denominations and insisted on the old demand for the fight against heretics and war of religion .

He solved the problem by proceeding historically and distinguishing between legal provisions that were not allowed to be surrendered and those whose validity could be relativized according to time and place and according to external circumstances. He put imperial law on an equal footing with canonical law and even preferred imperial law insofar as he declared the religious provisions of the Peace of Westphalia as an exceptional right that the church had to accept.

In 1728 he was appointed to the prince-bishop's clergy and received his doctorate in theology on May 31, 1729.

In 1738 he was accepted as a canon at the Haug Abbey on the instructions of Friedrich Karl von Schönborn ; In 1743 he becomes a member of the collegiate chapter .

In 1744 he was appointed Real Privy Councilor .

In 1748 he resigned as rain.

He was involved in the settlement of the dispute between the Prince-Bishop of Würzburg and the Fulda Monastery, after which Fulda was elevated to a diocese in 1752 ; for this he also wrote the font De Pallio .

In 1754 he was appointed procurator of the University of Würzburg and on March 5 of the same year by the capitulars elected dean in the Haug monastery; he received the Vogtei of the House of Hohenlohe in Versbach as a man fief .

He was friends with Johann Adam von Ickstatt and Johann Jakob Joseph Sündermahler , among others .

Working as a university professor

Johann Kaspar Barthel's work was strongly influenced by the French canonists Louis Thomassin , Noël Alexandre , Jacques Bénigne Bossuet , Claude Fleury and above all Zeger Bernhard van Espen ; he was very close to Febronianism .

He broke with the traditional teaching method of canonical science and endeavored to differentiate the fundamental from the inessential on a historical basis and openly taught the pseudo-idorical forgery in order to do justice to the state, for the concordats against the encroachments of the curia . To this end, he rejected the scholastic method and defended the independent right of the episcopate . He was also held in high regard by Protestants .

As a university lecturer, he was highly respected and his recorded lectures were read in transcripts, even outside of Würzburg. His ideas were disseminated and further developed in almost all Catholic universities; in Würzburg and Bamberg by Johann Nepomuk Endres and Franz Ludwig von Erthal , in Cologne by Franz Karl Joseph von Hillesheim (1731-1803), at Heidelberg University by Philipp Anton Schmidt , in Mainz by Peter Anton von Frank (1746-1818), in Salzburg by Johann Michael Boenicke (1734–1811) and in Trier by Georg Christoph Neller (1709–1783).

Because he allowed the state more power through his unorthodox methods, he was denounced for anti-church views ; with his writing Promemoria he openly presented his views and methods to Pope Benedict XIV in 1751 and received a positive decision. Johann Kaspar Barthel was the first university professor to break away from the traditional method in Germany in the field of canon law.

His writings deal mainly with the relationship between church and state, especially in Germany.

Fonts (selection)

literature

Web links

Individual evidence

  1. ↑ Andreas Fischer: tolerance for foreigners ?: The German Enlightenment and Islam I . BoD - Books on Demand, 2009, ISBN 978-3-8391-3529-7 ( google.de [accessed on February 22, 2020]).
  2. ^ Otto Mejer: Institutions of the common German church law . Vandenhoeck and Ruprecht, 1845 ( google.de [accessed on February 22, 2020]).
  3. ↑ Karl Otmar Freiherr von Aretin: Das Alte Reich, 1648-1806: Das Reich and the Austro-Prussian dualism (1745-1806) . Klett-Cotta, 1993, ISBN 978-3-608-91398-9 ( google.de [accessed on February 22, 2020]).
  4. ↑ Civic initiative: 'Grow up, Orange!': On the way to the first king of the Netherlands: Wilhelm Friedrich Prince of Orange-Nassau as ruling German prince 1802-1806: Fulda + Corvey + Dortmund + Weingarten . Waxmann Verlag, 2013, ISBN 978-3-8309-7969-2 ( google.de [accessed on February 22, 2020]).
  5. ^ Harm Klüting: Catholic Enlightenment - Enlightenment in Catholic Germany . Felix Meiner Verlag, 1990, ISBN 978-3-7873-3044-7 ( google.de [accessed on February 22, 2020]).
  6. ^ Joseph Listl: Church and State in the more recent Catholic canon law . Duncker & Humblot, 2017, ISBN 978-3-428-44212-6 ( google.de [accessed February 22, 2020]).
personal data
SURNAME Barthel, Johann Kaspar
ALTERNATIVE NAMES Barthel, Johannes Kaspar; Barthel, Joannes Caspar; Barthel, Johannes Caspar; Barthelius, Joannes Caspar; Barthelius, Joannes Casparus; Barthel, Casparus; Barthel, Ioannes Casparus; Barthel, Johannes Casparus; Barthelius; Barthel, Johann Caspar; Barthel, Joannes Casparus
BRIEF DESCRIPTION German Catholic canon lawyer and university professor
DATE OF BIRTH June 10, 1697
PLACE OF BIRTH Kitzingen
DATE OF DEATH April 8, 1771
Place of death Wurzburg