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[German Version] ( appel comme d’abus) is an appeal of civil authorities against an abuse of power by an ecclesiastical authority transgressing the boundaries drawn by civil law; it was thus (along with the placet) a particularly effective instrument of secular supremacy. It achieved its distinctive form in France in 1539, when it served primarily as a defense against encroachments on Gallican liberties (Gallicanism). The French model also inspired its use in Spain and the Netherlands. Initially legal title was vested in royal church advocacy (Church advocate). The recursus came in…

[German Version] (Aug 31, 1904, Wülfrath – Nov 29, 1976, Göttingen), teacher of constitutional and administrative law. After studying in Marburg, Berlin, and Bonn (doctorate under C. Schmitt), Weber entered the Prussian ministry of education and cultural affairs, initially in the religious division, later in the division for national culture. In addition he was appointed lecturer at the Berlin School of Commerce in 1931 and promoted ¶ to full professor in 1935. In 1942 he became a professor at Leipzig and in 1949 at Göttingen, where he served as rector from 195…

[German Version] ( ius exclusivae) denotes the right of a civil ruler or state in Catholic church law to exclude as undesirable a certain candidate from being elected or appointed to church office. Papal exclusion, which the sovereigns of major Catholic powers (German and – later – Austrian emperors, kings of France and Spain) claimed for themselves with no formal recognition by th…

[German Version] The term state religion denotes a religious element unifying the collectivity of subjects, considered indispensable for the existence of the state (“un roi, une loi, une foi”). It was taken for granted as the foundation of nearly every early form of the state. To the extent that religion is considered an element of public order, religious pluralism is perceived as a threat to the unity of the state, since it bears the seed of civil war, or at least qualified loyalty on the part of th…

[German Version] refers to modalities of the medieval and modern Catholic claim to ecclesial (and esp. papal) authority in temporal (worldly) matters ( in temporalibus). Invoking older doctrinal tra-¶ ditions, the medieval papacy in particular claimed papal supremacy over all secular powers (most strongly articulated in the Unam sanctam bull of Boniface VIII [1302], doctrine of the two swords), and thus not only the supreme legislative authority in spiritualibus et temporalibus but also a right to intervene directly in the legal order of states through the repeali…

[German Version] was a movement for the reform of ecclesiastical policy and regional church law in 18th-century Germany, in which episcopalian (Episcopalism: II) and national church ideas combined to form an explosive mixture. It owes its name to a book written by the suffragan bishop of Trier J.N.v. Hontheim (1701–1790), De statu Ecclesiae et legitima potestate Romani Pontificis…, which appeared in 1763 under the pseudonym Justinus Febronius. Following a selective reduction of its contents, the book became the agenda of Febronianism. Hontheim's objec…

[German Version] 1. Joachim (May, 1544, Pyritz, Pomerania [now Pyrzyce, Poland] – Jan 14, 1623, Greifswald). Initially (1572) professor of mathematics in Greifswald, in 1578 he was appointed professor of law, a member of the ducal council, and president of the consistory. With his younger brother Matthias (2. below), he was a leading advocate of the episcopal system (Episcopalism: I), appealing to imperial law to legitimate the evolving Pro­testant system of placing church governance in the hands of…

[German Version] (Bodinus; 1529 or 1530, Angers – 1596, Laon) was a Carmelite for a brief period; he studied law in Toulouse from 1550 and became an advocate at the Parliament of Paris in 1561. In 1571, he entered the service of the Duke of Alençon and made contact with the “Politiques,” a group of moderate Catholics and Protestants who regarded the state as h…

[German Version] The summepiscopate of the princes is a 19th-century term for the governance of the Protestant churches, but its roots go back to the 16th century. After the breakdown of episcopal jurisdiction, with the approval of the Reformers the Protestant estates of the Empire set about restructuring the governance of the church; only “out of Christian charity” (Luther), it was to be put in the hands of the sovereign as praecipuum membrum ecclesiae (Melanchthon), but not by virtue of his temporal authority. Therefore Luther was not the progenitor of the princes’…

[German Version] ( Jan 16, 1802, Munich – Aug 10, 1861, Brückenau), Protestant jurisprudent and politician. Stahl (orig. Jolson) was of Jewish parentage; in 1819 he converted to Lutheranism and took the name Stahl when he was baptized. In 1832 he was appointed associate professor at Erlangen and in the same year full professor at Würzburg; in 1834 he was ¶ appointed full professor at Erlangen. As representative of the university in the Bavarian Landtag, he was reprimanded on account of a conflict with the government; in 1840 he therefore accepted an appointment in Be…

[German Version] (Feb 25, 1916, Chemnitz – Mar 29, 1967, Munich) was a Protestant lawyer who studied from 1936 to 1939, received his doctorate in 1940, and, following almost a decade of military service and imprisonment in Russia, became a lawyer serving the church. He gained his Habilitation in 1956 (Munich), became professor of state and church law in Marburg in 1958/59, and professor of church and state law in Munich in 1959. Grundmann's life work was devoted especially to Protestant canon law …

[German Version] The “standard year” of the Peace of Westphalia established in 1624 as normative for religious observance. It drastically restricted the right of princes to determine the confessional allegiance ( Ius reformandi ) of their lands guaranteed in the Peace of Augsburg by ensuring that the religion practiced legally – publicly or privately – at any time during the year 1624 could continue in that form in the future ( Instrumentum pacis osnabrugense art. V, §§32ff.). Church property was to remain in the hands of whoever held it on the “standard day” ( dies normalis; art. V, §2),…

[German Version] (“it pleases”; also placetum regium, exequatur regium) is the formula expressing assent by the local prince to ecclesiastical legislation, especially papal legislation. It was both a requirement before the law could take effect in the ruler’s territory and authorization to promulgate it (Publication). First put into practice in England and in French Gallicanism, it was introduced after the 17th century in many countries of western and southern Europe. In the German Empire, initially onl…

[German Version] (Reinkingk, since 1650: v. Reinking; Mar 10, 1590, Windau, Courland [today Ventspils, Latvia] – Dec 15, 1664, Glückstadt), outstanding Lutheran politician and scholar of constitutional law. After occupying a chair at Giessen, from 1618 he held high offices of state in Hesse-Darmstadt, Mecklenburg, archepiscopal Bremen (representing the archdiocese at the 1648 peace negotiations in Osnabrück), and Denmark. His most important academic work, Tractatus de regimine seculari et ecclesiastico (1619, 71717), characterizes the Empire as a monarchy of the em…

[German Version] In the Holy Roman Empire, reserved rights were the epitome of the (historically varying) rights enjoyed by the emperor without any requirement of approval by electors and the Reichstag. Borrowing from this usage, in the 19th century Reservatsrechte were those rights of church governance, rooted in the summepiscopate of the territorial prince, that he had reserved to be exercised personally (i.e. not by church officials acting in his name). The most important were: approbation of ecclesiastical legislation passed by synods, in ¶ some cases including the right to…

[German Version] I. From the very beginning, the church has always existed on the basis of communication. All human lives spent within it are realized in the communicative justification of human community. In all periods, therefore, it has placed every available means of communication in the service of its mission. The modern transition to an information-based society, however, represents a particular challenge. In many episcopal and papal statements going back as far as…

[German Version] (Huig de Groot; Apr 10, 1583, Delft, The Netherlands – Aug 28, 1645, Rostock), an impor-¶ tant jurist and theologian. From a patrician Delft family, Grotius attended the University of Leiden already as an eleven-year-old. After studying classical philology, history, theology, and law, he received the Dr.iur. in Orléans on an ambassadorial journey in 1598 and became a lawyer in 1599. An expert's opinion in the conflict of the sea-trade interests of Holland and Portugal contained the pioneering chapter De mare libero (1604; ET: The Free Sea, 2004), in which Grotius j…

[German Version] I As one type of relationship between church and state, a state church is a church incorporated into the state in such a way that it appears to be a state institution. As a result, the state not only has the right to intervene in the internal governance of the church (staffing, deciding doctrinal conflicts, disposition of church property, etc.; Church polity) but also may use the church for state purposes. 1 The history of state churches began when Theodosius I made the Christian church the only recognized church of the Roman Empire ( Reichskirche). In East Rome, a sacral …

[German Version] At the request of the liberal Bavarian minister of culture Johannes v. Lutz (1826–1890), §130a, the Kanzelparagraph, was included in the German criminal code by a law of Dec 10, 1871, part of the legislation enacted during the Kulturkampf. It threatened the clergy, with other official religious leaders, with up to two years imprisonment if they discussed state matters in public or in their preaching and threatened the public order. A law of Feb 28, 1872, extended the statutory offense to include dissemination of similar ideas in writing. During the Kirchenkampf (Nation…

[German Version] (Apr 23, 1827, Winterberg, Westphalia – Dec 19, 1914, Obermais, near Meran), Catholic canonist and legal historian. He was appointed associate professor in Prague in 1854, full professor in 1855; from 1873 to 1906, he taught as a professor in Bonn. Although originally closely tied to the Catholic Church, in 1870 he became one of the most prominent critics of the dogma of papal infallibility and – with J. v. Döllinger – a leading organizer of the Old Catholic movement (Old Catholic…