Associate professor of church history princeton theological seminary baker book house



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part of the State whose object has been the com­plete separation of Church and State. In this new departure the United States took the 8. Tendency lead. Since then, strange to say, this

Toward essentially Calvinistic idea has been Separation. carried out by such Roman Catholic countries as Mexico, Brazil, Cuba, and most recently by France. One might almost say that the separation of the Church from the State is recognized by a republican government as an obligation. Such separation is due to hostility toward the Church, and its object is the subordina­tion of the Church. The Protestant sees nothing objectionable in this. In his view the fact that the State claims s certain surveillance over the out­ward organization of the Church has no signifi­cance for the inner life of faith. The Roman Catholic, on the other hand, who carries his relig­ious sentiment into these external things, strenu­ously opposes any influence of the State in this direction. The Toleranzantrag of the Center, which was introduced in the German Reichstag in 1900, is suggestive. Under the guise of demanding freedom for the Church in general, it embodies the complaints of the Roman Catholics. It demands, among other things, complete freedom for the cure of souls throughout the empire, for the erection of church buildings and the holding of religious wor­ship, and also demands the removal of the p7acetum and of all restrictions placed by the State upon religious societies and associations. It is this last point, the question of religious orders, that is not so easily conceded. Here economic interests come into consideration; and it is unlikely that the exist­ing laws limiting the acquisition of property by mortmain will be changed in the interest of religious orders. This Toleranzantrag makes no mention of ministerial education. The State now provides for the education of ministers, but whether it will be able to nationalize the clergy, and thus remove present religious dissensions, is doubtful. The Evangelical Church gives the State no occasion to resort to radical measures; but naturally a separa­tion of the Roman Catholic Church from the State carries with it a similar separation as regards the Evangelical Church. This is illustrated by recent events in France.

While the old territorial state rendered a mag­nificent service in rescuing the Gospel, the close embrace of the State now threatens

g. Deca  the Church with suffocation. The dente of Evangelical Church in Germany Gas Protestant  completely lost the support of the

ism in masses For them it is an institution

Germany. of the State, or of the aristocracy, and

part of the system which they oppose.

It is regarded as one partie du gouvernemenE, just as

was the Roman Catholic Church in France in the

eighteenth century. But how is any other con­

dition possible under a church regiment whose

fundamental principle is that the Church must

subserve the political interests of the State? As the

Prussian state law puts it, the Church must show

'' gentleness and tolerance in doctrine and beha­

vior," and it " must abstain from all interference

in private and family affairs." It must maintain

" quiet and order," " quiet and peace "; and that is the main consideration for the State. This program is carried out by German officials with perfect fidelity to duty, and with as much love to the Church as the Church, in its present depressed condition, is able to inspire in them. Naturally, the legal pastor moat fit into this rEgime. The result is that in any great religious movement, for instance against Rome, the ecclesiastical organiza­tion may leave a Protestant people completely in the lurch. Political interests predominate; but such interests, which come and go with ministries, do not coincide with those of the Evangelical Church, whose chief interest is to extend the King­dom of Jesus Christ.

While it would be a mistake for the Evangelical Church in Germany to aim at immediate separation from the State, the remedy for exist 

ro. Self  ing evils lies in that direction. There is

Government no doubt that complete separation is

for Church only a question of time; but for the

the Remedy. present what the Protestant Church

needs is that measure of independence

which, in theory, the modern State accords to it.

The attainment of self government is the serious

task that the Church now confronts. But those

who uphold the old territorial system ask if this is

practicable. Here the only thing worthy of earnest

consideration is the question of the continued

existence of the state church. It has been argued

that independence for the Church would bring with

it a dissolution of the religious body into innu­

merable sects, thus destroying the national charac­

ter of the Church. Although the small religious

society offers advantages in the way of individual

freedom, it must be admitted that the large com­

munity best provides for the service of the Master.

The fear, however, that the Church would disinte­

grate if released from the grasp of the State is

ungrounded. The removal of the antiquated terri­

tori9l system does not mean necessarily that hence­

forth there would be no relation whatsoever between

Church and State. Between the territorial system

and the French system of sheer separation there is

a mean. Self government for the Church consti­

tutes this mean. Under such a system the Church

would be freed from the stifling domination of the

State, without being reduced to the position of a

mere company, or association. Such a relationship

for the Church would not be inconsistent with its

popular character. In France the two branches of

the Evangelical Church have been placed in the

position of secular organizations; but even in such

a guise they continue to flourish as national

churches. The various branches of the Protestant

Church in the United States are also popular in

character, the general impression to the contrary

notwithstanding. In each case the Church is some­

thing more than the aggregate of local organiza­

tions. Over and above the local society stands the

denomination, the Church, to which others than

the members of such organisations belong. It is a

spiritual body; but as such it is formally organized.

It is provided with s constitution, and is recog­

nized by law.

From a juristic point of view the relations be 






Church and State

THE NEW SCHAFF HERZOG '

tween Church and State resulting from self gov­ernment on the part of the Church offer no difficulty. From a practical point of view the question might be raised: Has the Evangelical Church in Germany the strength and vitality to maintain itself without the support of the strong arm of the State? It should be remembered, however, that it has been just this antiquated system of state government for the Church that has made such a question possible. A people is educated by its institutions; and in this respect the Evangelical population of Germany has been badly educated. If the Evan­gelical Church is now without confidence in itself this condition of affairs is due to centuries of state domination over the Church. It may be admitted that independence for the Church would involve a difficult period of transition, but it is assumed that the State would continue to aid the Church until the Church had become self supporting. For the relations between Church and State in different countries see the articles upon the countries and states. See also the numerous related articles, such a9 CHURCH, THE CHRISTIAN; CHURCH GOV­ERNMENT; JURISDICTION. ECCLESIASTICAL; POLITY; and RELIGIOUS CORPORATIONS. (OTTO MAYER.)

II. The United States: The relations of the relig­ious and political institutions in the United States differ radically from those found elsewhere in Chris­tendom, and need to be considered separately. The American people are without an ecclesiastical estab­lishment provided by organic law. The popular description of this condition is that there is " a ecmplete separation of Church and State in the United States." While thin phrase holds the kernel of a truth, it does not fairly express that truth. The fact of the political separation is unduly em­phasized, while the real connection between the two institutions is overlooked.

At the time of the settlement of this country it was universally regarded as a normal function of

the civil power to see to it that all t. Philo  subjects, in theory at least, sustained

sophical some definite ecclesiastical relation;

Back  and the aggregate of such relations as

ground. had the sanction and support of the

civil power constituted an ecclesias­tical establishment. American political philosophy as it developed through the colonial and early national periods preserved the concept that the civil power is charged with a duty in respect to the religious affairs of the people, that it has an eccle­siastical function to perform; and it developed this concept to the effect that it is a normal function of the civil powers to make it politically possible and legally convenient for all the people to sustain voluntary ecclesiastical relations, or to sustain none at all. Under the American political system all ecclesiastical relations must be voluntary, must be without political penalty, and must be legal; but the demand upon the civil government as the physically dominant institution of society to realize these conditions is as great as it ever was to pro­tect a state church. This obligation of American civil governments is now confirmed by a public opinion which has been gaining strength through four generations sad is now generally accented



without controversy. It is now expressed in a series of guaranties and limitations contained in the organic law of the several commonwealths, in a well developed system of statute legislation pro­viding definite legal procedure covering many eccle­siastical relations, and in a body of notable judicial decisions rendered by the civil courts of last resort defining under ever changing circvlmstances what shall be the relation of Church and State.

Historically, this development has been as follows: At the outbreak of the American Revolution the

colonies were divided ecclesiastically

s. Colonial into three groups. In one group, con­Period. silting of New York, New Jersey,

Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, the direct establishment of the communion of the Church of England, without, however, a resident episcopacy, was more or less complete in law. In a second group, consisting of Massachusetts, New Hamp­shire, and Connecticut, the congregational form of ecclesiastical organization on the basin of the terri­torial pariah was established in law and in fact. In a third group, consisting of Rhode Island and Penn­sylvania, no ecclesiastical establishment had been developed either in law or in fact. Wherever there was an establishment, what may be described as the civil church law was largely political and ad­ministrative in its character. As a result of political revolution the direct establishments by royal au­thority were nullified in law and degraded in popu­lar estimation. The indirect establishments in the New England commonwealths, inasmuch as they were based upon provincial legislation and local administration, remained undisturbed for some years. There remained, however, as survivals of the direct establishments a number of incorporated parishes in New York and Virginia and a few in other states. As the remains of a still earlier estab­lishment in New York, there were several incor­porated Reformed Dutch churches which had re­ceived special protection by the terms of the Treaty of Breda (1664). During all the colonial period dissent had resisted the legal church establishments, especially the system of taxation for their support.; and after the overthrow of British sovereignty a demand developed for a divorcement of political and ecclesiastical affairs. An illustration of the sentiment prevailing at the close of the Revolution is to be found in an act of the Assembly of Virginia of the year 1785, the preamble of which declares that " to suffer this civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on the sup­position of their ill tendency, is a dangerous fallacy which at once destroys all religious liberty," and that " it is time enough for the rightful purposes of civil government for its officials to interfere when principles break out into overt acts against peace and good order."

At the formation of the Federal government relig­ious liberty was secured to the people of the United States, as far as the action of Congress was con­cerned, by provision of the Constitution (art. iv., chap. 3 and the first amendment). It will be seen that both of these provisions are limitations upon the






111 RELIGIOUS ENCYCLOPEDIA Church and State

powers of Congress only. That body might pass no law in order to establish a state religion, neither could it provide any religious test as a

3. Condi  qualification for holding office under dons after the Federal government. The framers

the Revo  of the Constitution did not under 

lution. take to protect the religious liberty of

the people against the action of their

respective state governments. Religious affairs

were declared to be within the sphere of domestic

relations, and therefore reserved to the control of

the states. The development of the local pecul­

iarities in the ecclesiastical institutions of the sev­

eral sections of the country continued without

interruption. The colonial legislatures had granted

a few charters of incorporation to local churches,

and this practise was continued for a few years by

the state legislatures. It was, however, soon aban­

doned because of the popular sympathy with the

complaint that ouch particular charters of incor­

poration constituted special legislation secured

through political influence. After the Revolution

there arose a demand in the middle states for a

uniform procedure by which the local organizations

of all religious denominations might receive a cor­

porate form. To meet the needs of the time legis­

lation was enacted which introduced the second

stage in the development of American ecclesiastical

policy, viz., the era of the general statute. The

first general statute that could serve the churches

of all denominations became law in New York on

April 6, 1784. An act of similar intent and like

provisions was passed in 1793 by the state of New

Jersey, and, these two statutes with their subse­

quent revisions became the models for similar

statutes in many of the northern states. These

early statutes resulted from the necessity of pro­

viding legal trustees with a standing in court, in

whom might rest the title to property devoted to

religious purposes. They were enacted at s time

of little religious interest and of bare toleration of

religious bodies by legislators. The powers con­

ferred upon religious corporations that might come

into being under these general statutes were very

limited; and in no state were such corporations

allowed to be self perpetuating. . Partiality to re­

ligious denominations on the part of the state

legislatures was dreaded, and there was also a very

real fear among the lawmakers themselves lest

something might be done toward recreating an

ecclesiastical establishment. The method of pro­

viding for the incorporation of religious societies

by means of a general statute has developed un­

equally in different sections of the country, and it

has not yet been adopted by all the states. As late

as 1866, the states of Rhode Island, Virginia, and

South Carolina had no such statute; and in 1896 a

general statute of incorporation was still forbidden

by, constitution in the states of Virginia and West

Virginia.

t1 third stage in the development of American civil church law has come as the result of special­izing legislation with reference to religious organi­zations in two directions. In one direction in­creased discrimination has been made between ecclesiastical bodies proper, and other social, edu 



cational, and philanthropic organizations. The second form of specialization, however, is of far more importance than the first. In the

4. Special states having the most highly developed

Legislation. legislation the general provisions of

the statutes have, from time to time,

been supplemented by special optional provisions

affecting convocations of particular religious de­

nominations. The demand for this class of legis­

lation has in nearly every case come from the

churches themselves. As the denominations have

grown in strength and their members have devel­

oped a more, intelligent interest in their own special

features of polity, many of them have made efforts

to find legal expression for the essential features of

their respective polities. Through these supple­

mental provisions, there has been wrought into the

statute law of many of the states the recognition of

purely ecclesiastical functionaries. It can not now

be said to be the intention of the legislatures to

keep the control of the temporal affairs of the

churches in the hands of corporations, " inde­

pendent of priest, bishop, presbytery, or synod or

other ecclesiastical judicatory." There has devel­

oped in recent years a marked legislative cordiality

toward the churches. While at the beginning of

the nineteenth century the avowed policy in

American legislation was to treat all religious in­

terests alike by doing as little as possible for any

of them and forcing all to conform to one procedure,

at the beginning of the twentieth century the policy

seems to be to treat all interests alike by giving to

each all that is asked.

The early concept of religious organization in American law was very naturally that of a simple and completely autonomous local society. To de­nominations whose types of, polity correspond to this concept the legislation of the general statute era has bees satisfactory. The special optional provisions referred to, have, therefore, been enacted for the benefit of churches having polities by which the local bodies sustain a definite relation to some more general authority. It has been those denomi­nations which have an administrative or episcopal type of organization that have shown the greatest energy in securing denominational legislation of the kind mentioned. At the present time twenty five distinct religious denominations have thus bees specially legislated for. The statutes of sixteen states now contain special provisions for the in­corporation and regulation of Protestant Episcopal churches. Eight states make similar provision for Roman Catholic churches, and seven states for Methodist Episcopal churches. The privilege that is being accorded, to religious bodies of having such legislation enacted as best developed their respect­ive polities is resulting in what may be defined as a legal crystallization of ecclesiastical polity. Pres­byteries, conferences, synods, class, conventions, superintendents, overseers, presiding elders, vicars general, bishops, and archbishops, have come to have a legal status by virtue of their ecclesiastical status and legal powers incidental to their spiritual jurisdiction. Such features of ecclesiastical or­ganization as secure recognition in the civil law are thereby less liable to alteration than the non legal






Church and State

Churchyard

features, and more capable of resisting the influ­ences of social environment.

The fundamental principles of political philosophy which were to regulate the relations of Church and State among the American people had been well defined and generally accepted while the nation was still confined to the original states along the Atlantic coast; and successive expansions of the national domain have not resulted in any radical changes of policy. The same principles have been applied by the Federal government in Alaska, the Hawaiian Islands, Porto Rico, and the Philippine Islands. Nowhere has the civil power failed in its function of affording legal protection and procedure for religious organizations, and nowhere have the churches exceeded these legal powers and infringed upon civil rights. The alien peoples who have come under American political training give evi­dence of appreciating the altered relation of Church and State. After more than one hundred years of teat under all conditions, it is now as true as at the beginning of American national life that the full and free right to entertain any religious belief, to practise any religious principle, and to teach any religious doctrine which does not violate the laws of morality, and which does not infringe personal rights, is conceded to all. The law knows no heresy, is committed to the support of no dogma and to the establishment of no sect. GE03i.(lE JAMES BAYLES.


Bi8LI0aRAP8r: W. E. Gladstone, The State in its Relations

with the Church, 2 vole., London, 1841; 6. T. Coleridge,

On the'Conetitution o/ Church and State, ib. 1852; T. R.

Birks, Church and State, ib. 1889; J. W. Joyce, The Civil

power in its Relation to the Church, ib. 1889; E. de Pres­

eened. Church and French Revolution, ib.1889; J. RQttiman,

Kirche and Stoat %n Nordamerika, Basel. 1871; E. Fried­

berg, Die Grenzen awiechen Staat and K%rche and d%e

Garantisn pepen deren VerleEaunp. Ttibingen. 1872: J. P.

Thompson, Church and State %n the United States. Boston.

1873; J. 8. Mill, State Interference with Church Property,

in his Dissertations, 4 vole., London, 1873 7b; J. Her­

genr5ther, The Catholic Church and the Christian State.

London, 1878; H. Geffeken, Church and State, their Re­

lations historically Considered, 2 vole., London. 1877;

M. Minghetti, Staat and Kirche, Goths, 1881; F. Nippold,

Die Theoris der Trennung von Kirche and 3taat, Bern,

1881; P. Hinsehius, Allpemeine Daratellunp der Vsrhtilt­

niaas von Staat and Kirche, Freiburg, 1883; A. P. Stanley,

Essays chiefly on Questions of Church and State. London,

1884; De Gabriac, L1Dlise et 1'Etat, Paris. 1888; W.

_ Armitage, Sketches of Church and Stets %n the First Eight

Centuries, London, 1888; P. Schaff, Church and State in

the United States. New York, 1888; U. Bslaani, The Popes

and the Hohenstaufen, New York, 1889; A. T. Innes,

Church and State, Edinburgh, 1890; C. Benoist, L'hat

et uplise, Paris, 1892; P. E. Lauer, Church and State in

New England, Baltimore. 1892 (Johns Hopkins Univer­

sity Studies, 10 eer., nos. 2 3); K. Rieker, Die rechtiicha

Stellunp der evanyeliachen Kirche Deutschland@ in ihrer

peschichtlichen Entwicldunp. Leipsic. 1893: W. Kahl,

Lehrsystem des KirehenrechKirchenpol%tik, i.

248 eqq„. Freiburg, 1894; D. A. Wirgmsnn, The Church

and the Civil Power, London, 1894; F. 6atolli, Loyalty W

Church and State, Baltimore, 1895; W. D. end J. B.

Johnston, Relations between Church and State, Ann Arbor,

1898 97; T. Mommeen,. R6mischaa StrafrachE, Leipaia.

1899; T. Kaftan, Vier Rapitel  von der Landeakirche,



Sleswiek, 1903; W. D. Abraham, Church and State in

England, London, 1905; M. Lecomte, Rapport au almat

aur Is projet de loi eonxrna»t la sEparation des eglisea et de

l'etat, Paris, 1905; E. Troeltxh, in P. Hinneberg, Die

Kultw der Gepenward. I. iv., Leipsic, 1905: P. $abatier,

A prapoa de la e6paration des bplieea et de 1'dtat, Paris,

1908, Eng. transl., Droasstablish»tsnt %n Franca, New York,

THE NEW SCHAFF HERZOG

1908: W. BirneY. Franca and the Pope; the Separation of

!he Churches and the French Republic. New York, 1907:

A. Eitel. Der Kirchsnataat unter Kltmena V., Berlin.

1907.


CHURCH TRIUMPHANT: 1. A church founded by a Mrs. Beckman (d. 1883), who claimed to be the " spiritual mother of Christ in the second com­ing" and declared George Jacob Schweinfurth the " Messiah of the New Dispensation." Mr. Schwein­furth left the ministry of the Methodist Episcopal Church, became a follower of Mrs. Beckman, and subsequently the leader of her followers. Head­quarters of the body were established at the Weldon Farm, six miles from Rockford, Ill. The Church accepted the Bible as the word of God, but denied the essential divinity of Christ, holding that he received the spirit of God, became free from sin and its curse and so divine. Schweinfurth claimed equality with Jesus in this respect and was accepted as the " Christ of the second coming." The Church is now extinct, and when moat flourishing numbered only twelve congregations with 384 com­municants.

BIBLIOGRAPHY: H. K. Carroll, Religious Forces of the United

States, pp. 105 108, New York, 1898.

2, A religious and communistic society, having headquarters at Estero, Fla., founded by Cyrus F. Teed, and also known as the Koreahan Ecclesia. See COMMUNISM, IL, 4.

CHURCH VISTTATIONS: A method of eccle­siastical supervision of churches and church work. This institution has for its purpose the oversight of church government, and is a means of securing insight into, and of promoting, church life. As early as the fourth century it was the custom of the Eastern Church for the bishops or their deputies to visit the churches of the diocese. In the West also this visitation by the bishop dates from an early time. This institution was especially cultivated in the Frankish Church. There visitations took place when the bishop traversed his diocese to per­form the rite of confirmation. Under Charlemagne the bishop was aided and controlled by the count or his mayor. They jointly held the synodal court

(Sendgericht), punishing not only eccle­Early siastical offenses, but also sine like Practise theft, perjury, sorcery, etc. The

and Its decay of visitations in the following

Decay. period was due to two causes : (1)

the bishops were more and more

estranged from their spiritual calling by becoming

secular princes; (2) the custom of redemption­

that is, exemption from penalties on payment of a

sum of money was introduced into the synodal

courts, making them an important source of revenue.

The Council of Trent ameliorated these conditions,

and made it the duty of the bishops to visit their

diocese either every year or every second year,

according to its size.

Visitations became important again at the time of the Reformation. They were the means of carrying out the Reformation in individual terri­tories. That in electoral Saxony became the model and basis of the others. The first impulse in this direction came not from Luther, but from Jacob Strauss in Eisenach (1525) and from Nicolaue




118 RELIGIOUS ENCYCLOPEDIA Church sad State

Churchyard



Hausmann, preacher at Zwickau. Both showed the necessity of such oversight. Induced by the fanatics and the Peasants' War, Luther strongly urged the elector to order a thorough visitation. It was immediately begun, and, although at first only sporadic, it soon revealed its necessity. In 1526 Luther proposed a general church and achool­visitation, which was carried out by a commission of clergy and laymen in 1527 29. The Saxon book of visitation, composed by Melanchthon,  richt der Visitatoren an die Pfarhern ym Kurfurst­enthum zu Sachsaen (1528), was generally adopted

as the model. There the principle of Revival church government by the state found

During its first expression. The visitation

the Refor  included in its scope the official con­mation. duct of the pastors, the order of church

service, confession, and church disci­pline. The whole constitution of the Lutheran Church has its basis and model in this institution. Because of their historical value the proceedings of the visitations were published, either as a whole or in part, those of the Wittenberg district by Winter (1862), those of the district of Jiiterbogk by Gotze, those of Magdeburg by Danneil (1864). Burk­hardt planned a comprehensive history of the German church  and school visitations in this period, but only the Saxon visitations appeared (1879). Nebe published in 1880 (in abstract only) the proceedings of the visitations of the bishopric of Halberstadt from 1564 to 1589; the complete visitations in the Guelphic states from 1542 to 1544 were published in 1897 by Kayser. While the first visitations were extraordinary measures, they were soon made a stated order. The Prussian articles of 1540 order one annually, and moat of the later church orders contain ordinances for periodical repetition.

After the Thirty Years' War these functions attained again their former importance and con­tributed greatly to the restoration of order and church life. In the eighteenth century they degen­erated, but were reinstituted in their old form in the German state churches in the nineteenth century, largely through their advocacy at the Eisenach conference of 1852 53. They recur regularly, two to six years apart. The superintendent or general

superintendent is the visitor, often in Modern cooperation with an officer of the state;

Practise. or a commission is instituted with the

superintendent as leader. The visi­tations are usually held on Sunday and consist of a sermon by the pastor, an address by the visitor, an examination of the conditions of religious in­struction, discussion with the ministers and teachers, the vestry or the house fathers, revision of admin­istrative affairs, of church registers and buildings, of the cemetery, etc. The question has been dis­cussed whether in them visitations the element of devotion and churchly revival should predominate, or whether they should be conducted merely for the purpose of obtaining information. 1n this respect there is no uniformity in the different German state churches, nor do they agree on the question whether part should be taken by synodical

representatives.

III: 8


(G. Uz;naoRrrt.)

BmLiooasrex On the early and the Lutheran visitations: J. Auerbach, De viaitationum ecdeaiw progreesu a primia tempxibua, Frankfort, 1882; A. L. Richter, Geachiehte der eaanpeLiachen Hircluuverfaasunp in Deutschland, pp. 43 eq9.. LeiPai0. 1861; C. A. H. Burkhardt, Ge8chichts der sachaiachsn R%rchen  and Sehut Vieetatqorun, 16d¢46. ib. 1879; K. Kayser, Die raformatoriechen Ifirchanvisita­tionen do den aelfutchan Landen, 16.bt .#l,, Gottingen, 1897. On Roman Catholic rules concerning visitations consult L. Thomaesinue, Va6ua ac nova eceleaiw . . . i"ebvcEio ex­poaifo, 3 vole., Lucca, 1728; P. Melohere, De ~can~onica dioceaium roiaitatione. Cologne, 1893; Bingham, OriDsnu, books V., IX., XVIL; KL, e.v. " Vieitationen."
CHURCHWARDENS: Two lay officers in each parish of the Anglican communion, whose duty is to have charge,  with the vestry, of the temporalities of the church, and to see that provision is made for the maintenance and orderly celebration of public worship. In England one is usually nominated by the incumbent and the other elected by the parishioners; in the Protestant Episcopal Church both (called " senior " and " junior " wardens) are elected by the congregation annually in Easter­week.

CHURCHYARD: Conformably to the contem­porary Greek and Roman custom, the primitive Christian burial places lay outside the community. There was no difference in this respect between corporate cemeteries and private grounds, between the subterranean and those on the surface. East and West, this actual condition is the same. It appears that this custom was broken for the first time within the pale of Christendom through the circumstance that Constantine the Great was en­tombed in the Church of the Apostles at Constan­tinople  a decisive precedent for the future. For that matter, during antiquity in general there was provision for urban burial as a mark of special honor (trirtutis rausm) Augustus and Trajan, for instance, at Rome; and, without exception, the Vestals. Under a flexible construction there also soon followed eminent ecclesiastics (e.g., Ambrose) and persona of worldly distinction, but first and foremost the martyrs and saints, whose bodies were exalted and lodged in the neighborhood churches. During the fourth century it was even customary in Egypt to preserve mummified bodies of saints in their homes. In fact, what was originally the exception began to be the general rule toward the end of the fourth century, so that secular and spiri­tual authorities were obliged to forbid the multi­plication of burials in churches. Finally a com­promise was arranged whereby burial inside the church was granted in exceptional cases by episco­pal authorization; whereas to the congregation as such was made over the ground enclosing the church (atrilCm ecclesia : " churchyard "). This ground, it is true, did not attain to the high esteem of the church interior; but still it availed, being consecrated, as holy ground; while the vicinity of the sacrificial mass and of the sanctuary prayer contributed also,. in a degree, to enhance its favor. See CEMETERIES.

The medieval Church exercised unrestricted authority over the churchyard, which it regarded as an adjunct of God's house. The same right of asylum protected them both (cf. German Friedho/,




phplnrony~r~

nrohinx of women



in the sense " safeguard ")• By consecration a

particular seal was imparted to the churchyard;

and a dedication of the church demanded likewise

s new consecration of the churchyard, though not



vies versa. The execution of a bloody sentence on

this ground involved excommunication. The not

infrequent custom of fortifying the churchyard,

together with the church, for the protection of the

church was eeolesiastically contested, indeed, but

not annulled. On the other hand, it is required

that the graveyard be well fenced in or hedged.

Special plots are reserved for the priests. The

graves of children who die without baptism are

located in a place distinct from the rest of the

cemetery. No one who has not departed this life

consecratedin peace with the church may be laid to rest in

ground.

A tall cross must be set up in the middle of the cemetery. Another necessary requirement is a charnel house (oeauarium), into which the disin­terred bones are gathered. There belongs lastly to the structural completeness of the cemetery the lantern of the dead, a round or polygonal tower with a top piece for the reception of a perpetual light. Its origin inheres, perhaps, is the symbol­ism of light; but popular credulity saw is this light a means of defense against evil spirits. Artistic decoration of the graveyard appears to have been the exception in medieval times. Such an excep­tion is the renowned Campo Santo in Pisa, begun in 1278, and further embellished in the fourteenth and fifteenth centuries. The Church of Rome has retained the observances and canonical regulations of medieval usage, but only in isolated instances ­as with reference to tombstone inscriptions and the maintenance of cemeteries adjoining the chureh­have the same been supplemented with new regu­lations.

Cemetery development in the Greek Church generally parallels that in the West. The Greek Church likewise classes the graveyard with conse­crated things, provides for it official dedication, and reckons with the possibility of desecration.

The Reformation consistently broke with the

medieval conception of the cemetery as locus

religioaua, and at the same time did away with the

specific Roman Catholic burial rites. With all

this, however, the duty by no means lapsed of

showing a pious regard for the resting place of the

dead. The church Ordinances dwell on the matter

frequently. Modern legislation has revised former

cue~nne and legal usages. Interment in the

churches, with exceptions of princes and bishops,

has bees forbidden. And alongside the confeo­

eonal cemetery for believers, there has grown up

the municipal cemetery for non confessors.

VICTOR Scaorrrzx.

BW .wourar: Lieu of works germane to the eubieot will


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