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Humphrey J. (Humphrey Joseph) Desmond.

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THE NEW YORK PUBLICTIBRARY

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CENTRAL COLLECTION

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Room 100



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form 09 If [xll-22-28 25c]



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KEEP THIS BOOK CLEAN

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The Church and the La



w.



By the Same Author.

Handsumely Rduml in Cloth. 220 pp. I'ic.

mooica Questions of fiistory,

BY H. J. DESMOND.

Bevziger Bros., Publishers,

NEW YORK.



CONTENTS:
Some Medieval Issues.

1 The Dark Ages.

2 Christianity as a Civilizer.

3 The Monks of Old.

4 The Papal Power.

5 The Crusades.

f, The Revival of Learning.

T Premature Protestantisms.

S Bibles Before Luther.
Events of Pbotkstantism.

1 Indulgences.

2 Cause and Success of Protestantism.

3 Character of the Reformers.

4 The Reformation and Literature.

5 The Reformation and Tolerance.

6 The Reformation and Civil Liberty.
V Two Political Theories of the Time.

8 The Inquisition.

9 Galileo.

10 The Jesuits.

11 St. Bartholomew's Day.

12 Mary and Elizabeth.

13 Guy Fawkes and Titus Gates.

"Quite a valuable little book which compiles the
data of history and the judgiuents of historians fairly
supposed to be free from bias, regarding events which
popularly receive a one-sided treatment.' — Amehkan
EccL. Review.



The Church and the Law



WITH SPECIAL REFERENCE TO ECCLESIASTICAL
LAW IN THE UNITED STATES.



By

Humphrey J. Desmond



OF HIE WISCONSIN BAR.



#**:•;



CENTRAL CIRCULATION



Chic"A6c: , '

CaLLAGHAN and Gp^.IRAi'SY,
LAW BOOK PUBLIisHEPe,

1898.






TllK NF,\V yor;(c

PUBLIC iiufeira
252813B



b'OT, LENOX AND
F(>!'NDAT.0N8
1943 L



Copyright
By H. J. DESMOND

1898



"1



Preface. -^^



The aim of the writer, in preparing the following
chapters, has been to state, briefly, the general prin-
ci^Dles of the law under the several topics touched
upon, rather than to deal with details, or attempt to
summarize statutory provisions which are so subject
to frequent change and amendment.

The point of contact between the Church and the
Law is always kept in view; and matters extraneous
to this plan of treatment are omitted, although seem-
ing at times to belong to the interest awakened.

It is believed that this little work will serve as a

convenient hand-book to clergymen on a variety of

topics, that are certain, from time to time, to engage

3 their attention, and upon which the skill of a lawyer

2 who knows where "to find the law" is usually

O appealed to. The well informed layman will also

^ find much to interest him in these pages; and, while

^ the book is intended for the general reader, it may

not be found out of place in the library of the

B lawyer who wishes to be able to refer conveniently

5 to a range of topics, not heretofore included in a

:i single volume.



Contents.



I. The Source of Civil Authority - - - 9

II. Canon Law in the Courts . - . - i;^

III. Religious Liberty - - - 17

IV. Sectarian Instruction - - - - - 20
V. Christianity and the Common Law - - - 23

1. The Common Law - - - 23

2. Chief Justice Hale's Maxim - - - 24

3. Sunday Laws - - - 27

4. Laws Against Blasphemy - - - - 29

5. Oaths and Witnesses - - - - 30

6. State Chaplains - - - 31
VI. Some Obsolete Law - - - 34

1. Benefit of Clergy - - - 34

2. Mortmain - - - 36

3. Pr.ExMunire - - - - .37

4. Right of Sanctuary - - - - ^s

5. Superstitious Uses - - . - 39
VII. The Seal of the Confessional - - - 41
III. Bequests to Charity - - - 44

1. Restriction on Bequests to Charity - 44

2. Charitable Uses - - - 45

3. Bequests that Have Failed - - 47

4. Bequests for Masses - - - 49
IX. Parental Rights - - - ~u

1. The State as Parens Patriae - - 57

2. The Parent and the School 59

3. Custody of Children 61
X. Marriage and Divorce - - . - 65



S CONTENTS.

XL Church Property - - - 70

1. Its Tenure - - - 70

2. Exemption from Taxation - - - 74
XII. Protection of Religious Worship - - 77

XIII. Freedom of Worship in Prisons and Reforma-

tories - - - - - 80

XIV. Questions of Church Membership - - 83
XV. The Church Pew - - - - 86

XVI. The Church Cemetery - - - 89

XVII. Church Records - - 93

XVIII. Privilege of the Pulpit - - - 96

XIX. Some Celebrated Cases - - - - - 100

1. Stack vs. o'hara - - . . . 100

2. Mannix vs. Purcell - - - 103

3. Priest and Bishop - - - 104
Appendix -__ - - . 107

A. Constitutional Provisions - - 107

Relating to Rights of Conscience 107

Relating to Religious Equality 115

B. The Bible in the Public Schools - 120
c. The Immorality of Divorce Legislation 126
D. Wisconsin Statutes for the Incorpora-
tion OF Catholic Church Property 128

e. Religious Terminology in the Courts 133



The Church and the Law.



THE SOURCE OF CIVIL AUTHORITY.

IN some of the American constitutions we have
traces of that discussion as to the "source of
civil authority" which became acute when the
great Catholic theologians attacked the doctrine of
''the divine right of kings" as propounded by James
I., and which later gave to the world Rousseau's
book on the "Social Contract," the theories of
which were in much favor at the time our consti-
tution was adopted.

The framers of the American state constitutions',
were careful to indicate their belief, as to the'SOurte
of political power, probably by way of protest
against " the divine right of kings."' Thus tlie
constitutions of Alabama (1,3), of Arkansas (1,1),
of California (I, 2), of Connecticxi.t.


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Online LibraryHumphrey J. (Humphrey Joseph) DesmondThe church and the law, with special reference to ecclesiastical law in the United States → online text (page 1 of 7)