It is well known that the legislation of most of the States is willing to accord legal personality to associations, commercial or religious. A religious society represented by trustees easily obtains incorporation; that is to say, is recognized as a person having the right to own property, to receive gifts and legacies, to a certain amount, generally far superior to what is necessary. If this sum is ever exceeded, it is easy to fulfil the requirements of the law by creating a new centre, building a new church.
Nothing then would seem more favorable than these arrangements of American law. But, as they were conceived from a Protestant point of view, they recognize the parish only, and not the diocese, which is, nevertheless, the Catholic unit. Moreover, the trustees, invested with church property, have on several occasions made outrageous and extravagant pretensions. More than once, they have believed that they possessed the right of choosing their pastors, and dismissing them, if they did not suit; they have held that they at least have the right of presenting to the bishop a priest of their own choice, and thus forcing his consent. Hence, the frequent conflicts between the parochial element and the episcopal administration. The first Council of Baltimore formerly protested against this lay interference, which it declared contrary to the teaching of the church and the discipline of every age; it decided that the compensation assigned to members of the clergy, to be provided from the funds of the parish, or by the alms of the faithful, conferred on none the right of patronage. Subsequent councils return incessantly to the same question; and it has even appeared before the civil tribunals. In the diocese of New York, particularly, the disputes between the Catholic trustees and the bishop were prolonged with various results, but without interruption, from 1840 to 1863. Finally, an arrangement was concluded, and on this model the prelates wish to organize all ecclesiastical property.
"Since, in the United States, it is permitted to every citizen and foreigner to live freely and without molestation, according to the precepts of the religion which he professes—for the laws recognize and proclaim this right—nothing seems to hinder us from observing, in all their rigor, the rules established by councils and the sovereign pontiffs for the acquisition and preservation of church property. The fathers, therefore, desire to expose and set clearly before the eyes of the state the true rights of the church with regard to accepting, possessing, and defending sacred property, as, for example the land on which a church is built, or presbyteries, schools, cemeteries, and other establishments, in order that it may be legally permitted to Catholic citizens to follow exactly the laws and requirements of their church." [Footnote 143]
[Footnote 143: Act. tit. iv. p. 117.]
Hence, one of the principal dispositions of this legislation is, that the administrators of ecclesiastical property in parishes shall do nothing without the consent of the bishop. In order that this law may be observed, and that nothing more may be feared from the intervention of the secular tribunals, there is no other plan than for the bishop to place himself before the civil power, as having the right to the full administration of all property belonging to his church as a corporation sole. Some of the states have recognized this right for the future. In others it is not yet recognized. Hence they provide the best means for avoiding, or, at least, diminishing the inconvenience resulting from this state of things.
This requires that mutual securities be taken on the part of the bishop and the trustees. As soon as appointed, the prelate will make a will, and place a duplicate in the hands of his metropolitan. Besides the property of which he is sole proprietor, he will be ex-officio president of all boards of trustees, who possess, in the eyes of the law, the parochial properties. Rules are established for the purpose of ensuring a conscientious choice of these, in order that they may not infringe on the rights of the parish priest, nor take any profit from the revenues of the church. Such are the principal measures relative to this important matter.
V.
In the chapter entitled De Sacramentis we notice the prudence which the council wishes to be used in administering baptism to Protestants returning to the Catholic Church. Although the greater portion of the sects regard what transpires at the baptismal font as a mere ceremony, and frequently, through carelessness, baptize invalidly, nevertheless the priest must not proceed hap-hazard, nor decide on general principles, but must in each case examine carefully into particulars. Only when certain of the nullity or probable invalidity of the baptism, can he confer the sacrament, either absolutely or conditionally.
In France, discussions have lately arisen as to the proper age for administering the holy communion. Although the American child is much earlier developed than the European, the fathers of Baltimore establish as a rule that he shall not be urged at too early an age to present himself at the holy table. Ten and fourteen years are the two extreme limits to which one must ordinarily be confined. Nevertheless, this rule leaves room for all legitimate exceptions, and particularly, in case of danger of death, it would be a grave fault in the pastor who would not administer the eucharist to a child capable of discerning the grace which it contains.
As their country is not a vine-growing land, and one can nowhere be fully certain of the purity of wines imported from Europe, the fathers express a desire to establish in Florida a community which shall be especially charged with the care of preparing the matter for the administration of the different sacraments, wine, oil, etc. This community can also keep swarms of bees, and furnish the different dioceses with pure waxen tapers. Meanwhile they caution priests to beware of using for the holy sacrifice the wines which are commonly sold under the names of port, sherry, Madeira, Malaga, and to choose, rather, Bordeaux, Sauterne, and others less subject to adulteration or fraudulent imitation. Moreover, as the culture of the vine progresses, it will be inexcusable to neglect having recourse to the products of the soil, or at least, not to have a moral certainty of the purity of the wines which are used.