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half goes to the priest of the parish, if there be only one, but in case
of two or three, the remaining half is divided between them. If, for
example, a parish in which there are three priests has, after paying all
the house expenses, an annual balance of ;^ioo, the Biohop gets £iOy
the administrator £2^^ and the remaining £21 are divided between
the two assistants. Taking this parish as a model, in a tolerably large
diocese of forty parishes — and there are dioceses that have seventy
parishes in Australia — we find the annual income of the Bishop from
this source alone equal to the combined income of all the priests of
the diocese. The Bishop's annual income in this case is ;^2,ooo,
each of his administrators has ;^2 5, and each of his assistants has
£\2 I OS. a year.

In another diocese the statutes prescribe the following method,
which occasionally develops very awkward results. The Bishop has
three mensal parishes, in which ten priests are engaged. The income
is disposed thus : After deducting all house expenses and a certain per-
centage to the chief administrators of the three parishes, the Bishop
takes one-half, and the other half is divided between the ten priests.
Besides this the Bishop receives from all country parishes a fourth of
the Christmas and Easter dues. In parishes where the offertories
and dues are large, this system allows the active priests a tolerably fair
dividend ; but in poor parishes where the offertories and dues are
small, the dividend received by the assistant — who gets only half as
much as the rector — is not enough to keep him decently clad. To

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illustrate this method, let us s^y in a poor country parish, worked by
two priests, the Christmas and Easter dues amount to ;^ioo. This
sum must be drawn upon to the extent of ;f 40, in order to supple-
ment the regular revenue, and in order to defray the house expenses.
But before it is touched, the Bishop's portion of one-fourth or ;f 25 is
to be set apart ; the remaining ;^35 is divided between the rector
and assistant, giving the rector less than £2^, and the assistant less
than £12 SL year.

In some instances the assistant receives only ;^5, or even £^ for
a half-year's dividend ; and this at a time when the Bishop of the
diocese is drawing a revenue from all sources of about ;f 1500 a year.

1. This seems scarcely an equitable arrangement, and I should
like to ask whether the practice is founded on any canonical law ?

2. Is the diocesan statute that lays down this system of distribution
binding on the conscience of the priest ? Some argue that it is not.

3. Is the Bishop, who frames and manipulates this statute, entitled

to claim his portion as a right in conscience ? Have the priests no


Sacerdos Australiensis.

Resp. We could hardly express an opinion as to the equity
status of the income question in the particular Australian dioceses
to which our correspondent refers, unless we had before us the
synodal statutes which contain the full details of the legislation.
Presumably, these statuta dioecesana have the approval of the
Holy See, which implies that sufficiently clear reasons have been
submitted to the Roman authorities to show that the missionary
conditions in Australia warrant a distribution of revenues, which,
from a partial point of view, might seem unjust. Even if
the statutes of the individual dioceses have not been submitted
for the express approval of Rome, it is probable that they con-
form to the Provincial Acts which received a unifying norm in
the decrees of the First Plenary Council of Sydney, in 1885. The
basis of all such legislation is laid down in two Briefs of Pius
VII, 1823, and Leo XII, 1828, to which the II. Provincial Council
held at Melbourne in 1869, under the presidency of the Metro-
politan of Sydney, makes reference in its chapter De Sustentatione
Episcoparum et Cleri, Besides this, even if our correspondent has
reference to some of the more recently established dioceses, it is

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QiiitofceFtaii^.th^t.theoHoiyi See tes^^^i^nfecift^Tof <h^ *y«em

tlss^iaiq pos§Snt epi9copat6iI? ^ l!liat - qliesflbn ^fe^kiiidrtg 'tho^
donliiitea iti'iK&insinuHb^^ adTdeif tothfe^ d?-

quae ex portione redituum singularum ecclesiarum cbalescat," ; , Ijt
is evident, from /this MnJAMKtion, if it has been acted upon — and
we must suppose it has — that the parish clergy voting in Synod is
iml^j3 thfeorigiBatar ofcth«B sysfceqv in /Us^^^ L'jod jU \ A
". - /Hdwcvdr tbat/be/ii is:hardlya ihaftterfopdisoussiootrMa piuUk
atig2X3^ smce'dtHe JegMmat^ ways.bfis3moidal pomplaintatni: odwayfe
opcai!td.tlle:^ridh islei^;j^thfer throQghl:the/ officiah \^U0-owb
Ihtil'oBtd^xia-tp; pastoral /clbctton^ or through individtta^ ^Mpresentd-
tioni vhtdH jf'it^vhseruei^Jait las^s ^f/modei^6n!aJrid/ rBs^e^tibl*
^uthoiBty^ito^tteb with!exaK:t truth in ther statidmefii of dsaiditidna,
i^:siire,to:gei filtering* add tdiie Gconsideratioh^ Ifie Pcopagknda.
And where:* the jnattCR reiiLyr i in vodves "a> cpi«st}ori r of nqquity, anjr
Ispokesinan of ibe clecg>t duly: T^/esdiitative jiiny •:8tate>thfr. facbs
without 'fear bf l^dg |hei proteotidn'of 'theau^oritie^/at ^omd,
wen-tifith^ iOi^dinar)^ were.tolshbw rhia-.disideasuri m indtvidual
ca&s. ; 'Ifithcre^aferdi^ilcesjwhere' pridsts iiivihg'^a ^good bau^t
4i(fin6t rboeiie cfiiil ^ppaTc!nt:iiekognitidB'G£their daihasyoit wall
l)e fkmtid iQuclosd dskmofinaftibhvtfalitPttegbicid caiM wasrdd&ridafl
Jo aa^teiiiptoatc: wstyran]^ thEat life da(iiid]it; ivha begkii4>y5Uein|r
in the righ^lUiU got himself into ithe a^ron^ Jhefqrelhc: ftod-ofrlhip
fdiia; thus :pmkcng^ it hinpossible'Jto lacc^d hni£) that cQn|ideQde
;whkhia>rec|ttik'ed'tiiAiracd a-tobjectwho idd^esxomplafnt agaihaft
his superiors in office.

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Ifi^a ^(r<!M* tli^ BirbpearfC^ntmfenf li'aH^ tii^f^'^dl (ft^kSiM ^
the -decent t^r^ch 5tfegfela*feH %«*' Airt^ik ^h(# d^fetaiidW^ o*

tbAlon jbU!*it^ TielSpeaTkYl i^lftAs&6^^^tfM4f^^eh'f$iil*^*fbffW

juoiciAl J position c^* the -ConCTeg^ ^r. Cprnt^es^'prders^to b^

dissoiyeii, his, inj unctions, are neverAdess contrary to kw^-. In , the

^11 ;;:i7 vV- ^L^^vQu^^ i^ r'^ '^iJ^L z*^'^^^ J-'t-^r^ ^ ^ ■^-
first placc^ if he aims at the schools created before ipoi by Congre-

gatictos''^''"-'''^"- -''-'" ""-'■- - ^' -'^ :o:.i:.,^'bJ//p_Il-fi,fL^:rr'^^^^^^^^

a^ifi&fi^' *3r thyS^6rd' ^tatom^At ^Wcfi'^ta^'^iiye^lL^Htfy KlS

tfebtefta'ii) 4f^l&de^silfcfi^stH66&)^^is-kisctf\^^ 'k'f4e<airie^o¥'th8

dcdiiotei^' <hedt)tmfif of Stale (bP ivHitA iiotite^^'x^'^^eh'^ tHi

public on January 25, 1902); th e r e fo re, owing to their position, it

was impossii/e/ofp^^(if^6li^fspi[q^^q:^^ to the Law, the

time prescribed for asJw§^|>ejpi^^9^^bayiyg^ ,y^ 15^

1902) when the new interpretation appeared (ten days later). On

the oUner liknd, I'f* the circular ainis at' est^bpshmeats" founded lieforc

the law' and siiice tneir general authorization, by autlidmea Uongrer
froJ .'i .'03 r.Jj; r- r r.fp . ..". ;^o .tg : IJ'.r :-irL] k^.,;^ J^^^-A
gationsj It is stiU more ^illegal. , One cannot reproacn, them iqr Jipt

liavingTiaa ih^iYidual authori^tidris for these 'brancn establislimehfs.

since pefpre 1^0^ there was np compujsioiijo obtain , them j: and the

Law of i 90V was so worded 9s . X6, embrace onty establisfements Vfiicn

fir :The bbj€^T6f'tlUs> (Mn '(ZdnibeB^)'xfrdirlar,'osay«nitfe«^ sam^
^:himaI,:^^rhich^>;vQb^ said< to^beforfendevtd Tieees^afl^ biy^tjieiaititudd
of Mr. Loubet, who^svafs-ai^wHIJrt^ I^"iigrf4hfeil^w icteei^^d^^^^

gi5C^alMnar-^tatelfeifeftefife,'^Mcfi<^6xStefdp^^ td^tte liaMr of

It aji|3^i^feftfiaf W^^iVei'nrileWt measure was applied in a most
arbitrary and illegal m^mne^;- »The :prfefect* tvfert' not furnished

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with the exact list of the establishments opened without permis-
sion; and hence gave the order to dissolve schools that had
demanded permission, such as the Sisters of St. Vincent de Paul
in Paris ; they also dissolved congregations which had been secu-
larized by the Pope (the Salesian Fathers, Marseilles), and ignored
legal decrees emanating from preceding governments. They
have, besides, penetrated without the smallest scruple into private
property, to make strict searches and to affix the seals. Many
courts recognized the illegality of this proceeding ; and the police
superintendents received the order from the Ministry to replace the
seals. Now, Article 184 of the Penal Code punishes with im-
prisonment and civil disgrace any functionaries " who have gone
into the domicile of a citizen against the will of the latter, except
in cases where the law prescribes it" Article 1 1 $ stipulates that if
the superior who has given the orders is a minister, he will be
punished by banishment. If the circular was so badly applied,
the fact is due doubtless to its complete and absolute illegality.*

To the Editor of The Ecclesiastical Review :

Is there any way of warning legally the Rev. Clergy against
incompetent architects, dishonest builders, and unreliable ,workmen ?
Nearly every priest has had an experience painful and cosdy, from
which he would like to save his brethren and the public in general.
Some architects call on a prospective builder and offer their services.
In a few days they present a sketch. Then you find they think they
have been engaged and send you a bill for services.

There are builders who iiave done bad work, who have supplied
bad material, who have provokingly delayed work, who have failed to
pay sub-contractors and dealers, and who have thus brought liens upon
Church property that caused no end of trouble. No estimate can be
made of the sums that have been lost in this way.

Will some reader suggest a plan ? Would it be safe, for example,
ta publish in the Review a notice or an advertisement reading :

** Mr. , architect, or builder, or electrician, has done work for

me. Before employing him, it will be well for you to consult me? "

One who has been Bitten.

> Cf. The Tablet (London), August 6, 1902, p. 262.

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To the Editor of The Ecclesiastical Review :

After resolving several times to send you a protest against what
seems to be the Review's decision in respect to the Philippine Friar
question, and as many times abandoning my resolve, I now find my-
self in the act of writing you about this matter. You will see, there-
fore, that my difference from your attitude is not the result of a judg-
ment made on the wing ; nor is my letter conceived in the spirit of
mere opposition. Far otherwise, indeed; for, let me confess it, I
have learnt to admire the Review for what it is — the safe organ of the
best Catholic churchmanship in the language, the faithful guardian of
orthodoxy, the enemy of sham and abuse wherever found, the friend
and cooperator of ecclesiastical scholarship. Nevertheless — or per-
haps all the more for this very reason — I wish to protest, and protest
most emphatically, against the policy you seem to advocate against
the Spanish priests in the Philippine Islands. I say the policy you
seem to advocate. Other readers with whom I have discussed this
question would find no place for the qualifying verb in the clause.
And I can only explain my disinclination to go the full length with
them in their repudiation of your utterances in the affair of the Friars,
by the reflection that any just judgment of the Conference in question
should not be made in disregard of the hitherto wise leading of the
Review. This very consideration, however, makes me view the
utterances referred to as all the more grievous.

What will our feir-minded Protestants say, not to speak of the
bigoted ones, when they learn that the organ of the Catholic Clergy
of the country, as far as they have one, urges that the Friars be driven
from the Philippines? These Religious Orders, you say, are "ruins,"
so much "decayed material* *; and the Catholic who attempts their
defence is merely ' ' white-washing. * ' I could not believe my eyes when
I first read over these words of yours. But there they are, and he
who runs may read. Litera scripta manet — alas ! The words cannot
be blotted out. The opening words of your own Conference make
an apt commentary on your own blunder, though a not very satisfying
one ; for, though it may go far in excuse of the Editor to say, Et ali-
quando dormitat bonus ffomerus, that does not undo the harm result-
ing from the blunder.

Resp. The foregoing letter is one of several that have reached
the Editor apropos of this much-impugfned Conference. We give

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it preference to the others, because it is a fair sample of the Jetters
of such of our readers as misconstrued our words, and fastened
on them a meaning as hateful as it is alien from their true pur-

We would commend a more careful perusal of the Conference
to our good correspondent and to others who read into it a mean-
ing that was not ours. Since, however, the question as to the
advisability of the Friars' withdrawal, which may be one of policy
without implying any odium, is forced upon us, we frankly state
our view in a separate article of this number. This we believe
to be the only just view and the one which Rome has advocated.
As for the " ruins " which need to be cast out — moral ruins —
there is no doubt that such are to be found in the Philippine
Islands. We did not anywhere say that these ruins were the
Friars. The idea of such a statement is too absurd to require
even denial.


Qu, A parishioner whom the pastor attends during a serious ill-
ness, makes a voluntary promise to donate a stained glass window to
the church which is in course of building at the time. The priest in-
forms the sick man that all the windows of the new edifice have already
been donated by promises from other parishioners ; but suggests that
an altar for one of the side shrines would be gratefully received, as
completing the appointments of the church. The patient inquires
what the cost of the altar would be, and, on being told that five hun-
dred dollars would cover the expenses of making and placing it,
appears satisfied wih the proposal. Shortly after this, the pastor is
called away from the town. On his return he finds that his benefi-
cent parishioner has died, and has left the sum of ^yt himdred dollars
in cash, in care of the person who had nursed him, together with a
verbal message that this sum was to be given to the priest to say Masses
for the deceased man's repose. The pastor feels fully convinced that
the five hundred dollars handed him represent the donation intended
for the altar, and therefore asks the Editor of the Review for an
opinion as to whether he is to accept them as a personal stipend binding
him to the five hundred Masses.

Resp, Assuming that the circumstances of the case have been

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so stated as to omit no element which might distinctly show that
the Aying man wished to retract his intention of making a gift to
the church, we should say that the priest is justified in interpret-
ing the informal bequest of five hundred dollars as the fulfilment
of that intention.

It may indeed be objected that the words of the nurse who
acted as messenger convey another purpose, namely, that of offer-
ing the sum as stipends for Masses, and that the last expression
of a bequest supersedes the previous promise. To this I should
answer: The sick man in making the voluntary promise of a
bequest to the church had contracted a quasi-obligation to keep
that promise. His conversation with the pastor, whom he left
under the impression that he would offer an altar in place of the
window, stands as a stronger testimony of his actual intention
than the message given to the nurse, even if the words of the
latter had to-be taken in their literal sense as the d)dng man's
wish. But there is good reason to believe that the words " for
Masses " in the mouth of the testator meant the same as if he had
said " for the altar which I promised to the church," since he might
take for granted that Masses would be said for him as a benefac-
tor, on that altar. Moreover, as there is no special reason to sup-
pose that the nurse knew anything of the promise made to the
priest, we may assume that the sick man, reasonably believing that
the priest would understand the message in the light of their pre-
vious conversation, did not think it necessary to be more explicit;
hence he simply used the form *' for Masses " as the easiest way
of avoiding a lengthy explanation to one not particularly concerned
in the matter.

Nor could it be consistently argued that the mere acquiescence
of the sick man in the proposal of the priest was not a valid
promise. That the sick man wished to benefit the church is evi-
dent from his first proposal to donate a window ; the substitution
of an altar must be considered a merely accidental circumstance,
since it proved within the means of the intending benefactor, as the
event actually showed. Hence his acquiescence in view of his
previous disposition, especially under circumstances in which he
was probably not able to make many words, must be considered
as a sufficient . manifestation of his intention to give the altar.

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The amount he actually gave to the priest corresponded exactly
to the sum required to comply with that promise, and may there-
fore be taken as the fulfilment of it.


The International Committee in charge of the commemorative
exercises in connection with the Pontifical Jubilee, under the
presidency of His Eminence Cardinal Respighi, Vicar of His
Holiness, has requested us to call to the notice of our readers, and
to ask them to share in, the work of fittingly celebrating the
twenty-fifth anniversary as Pope of Leo XIII. The venerable
Pontiff has already passed the middle of his twenty-fifth year as
the Vicar of Christ, and if God spare him so long, on the twentieth
of February next he will have occupied the Chair of St Peter
longer than any other Sovereign Pontiff, save only one, since the
time of St. Peter himself It is an event so extraordinary for the
Catholic world that our rejoicing and gratitude should receive
universal expression. With this end in view, a solemn world-
wide act of Homage to Jesus Christ our Divine Redeemer is pro-
posed in thanksgiving to Almighty God for the prolongation of
the life and illustrious Pontificate of Leo XIII.

Besides the particular manner each may choose for manifest-
ing his Catholic sentiments, in order to secure uniformity the
International Committee appointed to look after the Jubilee com-
memoration has suggested that the faithful throughout the world
join in :

1. Public Prayer for the Holy Father by reciting the Oremus
pro Pontifice Nostra, as follows : " Let us pray for our Sovereign
Pontiff. May the Lord preserve him, and give him health and
happiness, and not deliver him into the hands of his enemies."
Our Father and Hail Mary}

2. Pilgrimages to Rome^ as an external manifestation and an
attestation of our loyalty to the Holy See.

3. A small offering may be contributed by all, rich and poor,

' Indulgence of 300 days, once a day. A plenary indulgence may be gained
once a month, if the above prayer is recited once each day during the month. — Pius
IX, November 26, 1876.

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old and young, without exception, as a tribute of filial love to the
Vicar of Jesus Christ.

4. Subscription to the memorial Gold Tiara to be presented
to the Pope on behalf of the whole Catholic world. This col-
lective gift from the faithful to the second of the Popes of the
262 since the reign of St Peter to reach his twenty-fifth year as
ruler of the Universal Church, will be presented on February 20,
1903, and will be first worn by His Holiness Leo XIII at the ser-
vices on March 3, 1903.

The artistic execution of this Tiara is in the hands of
Mr. Auguste Milani, who has been very happy in overcoming
the difficulties, symbolical, historical, and technical, that the work
presented. In designing this work of art, Mr. Milani has built the
three crowns on lines of singular simplicity. The three coronets of
pure gold stand out in high relief, and are richly ornamented,
without, however, any sacrifice of their heraldic character. Around
the band of each runs a legend explanatory of the meaning of
the triple power given to Christ's Vicar on earth. The body of
the Tiara is wrought in silver. In the lower section, between the
fleurons of the first coronet, are set six medallions, on three of
which are depicted St Peter, Pius IX, and Leo XIII, the three
Popes of their illustrious line who governed the Church for
twenty-five years. From the base of the design spring six olive
branches, whose twigs entwine the medallions, and, passing under
the second coronet, flower in the upper section where they encircle
two more medallions, one inclosing the image of our Divine Re-
deemer represented as the Good Shepherd, the other the seal of
the Solemn Homage. The third coronet sits gracefully below the
globe and cross which surmount the cap of the Tiara.


The French Associations Law has provoked much comment,
but also much misapprehension, among Catholics and non-Catho-
lics alike. The question is asked : Why do not the Religious
Orders comply with the Law? For, granted that it is aimed
against the Catholic Church, submission is better than resistance,
which provokes violence, and in some cases even bloodshed. If

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some of the Religious Orders could reconcile it with their con-
sciences to comply with the Law, why should others refuse to do
so at the risk of public disorder and loss to themselves ? It is
inconsistent on the part of ecclesiastical heads not to urge uniform
action in this matter. So say they who do not understand the
actual situation of the Religious Orders, or the character of the
new Law ; and so say the anti-Catholic newspapers that favor the
expulsion of the Religious.

The fact is, that the makers of the new Associations Law,
who aimed at the extinction of certain Orders, without wishing to
appear hostile to their religion, had made it impossible for the said
Orders to comply with the Law. This was effected in two ways.
First, as has been proved in the French law courts, by a partial
promulgation of the Law, so that certain houses did not, and could
not have, become properly cognizant of its penal provisions before
the term of application for authorization had lapsed. Secondly,
and this is the principal reason why the Orders have not taken
what might seem the more peaceful course of action — the Law,
when fully ascertained, presents such a complication of clauses as
to allow its altogether arbitrary interpretation against the Orders
sinf^led out for special odium by the reactionary party at present
in power. For, whilst to the ordinary reader of newspapers this
law appears to be a mere measure of self-defence, forced upon
the Republican Government by the reputed political intrigues ot
the Clerical party in France, it is in reality a systematic attempt
to discredit religion and to remove its checking influence upon the
atheistic movement of the controlling party. That influence is
positively felt to come from the Religious Orders ; hence these
must go.

That this is no exaggerated party statement is evident from
the reports of the discussions in the French Senate which have
led up to the enforcement as well as the making of the Law.
Apart from the official documents covering the last three years,
and published in the Journal Official de la Republique Frangaise
which reports the prods-verbal for the Chamber of Deputies and
the Senate, we have the explicit testimony of Henri Barboux,
who as a prominent representative of the Liberal-Republican party,
with no regard for the Catholic Church, explains the purpose and

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bearing of the Associations Bill merely from the lawyer's stand-
point. His conmients, criticizing the judicial character of the

Online LibraryCatholic University of AmericaAmerican ecclesiastical review, Volume 27 → online text (page 35 of 78)