The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
To insure harmony and good order, every Church should obey the laws of the
country; but if any law should impose upon the rights of the Church in any
way, the ruling authorities, the cardinal and bishops, if the wrong is
national, should unite in a petition to the United States Congress,
clearly stating the grievance and asking for its redress.(1) If the
grievance should be within a State, the bishop or bishops of the State
should present the matter to the Legislature of the State. If the
President or the Governor has authority to remedy the matter, go direct to
him. Such was the practice of the wisest of the Popes.(2) The author never
knew of an instance in which a clergyman having a real grievance failed in
obtaining a full and fair hearing from the powers that be, from the
President downward. This method seems to be more in harmony with the
relations of Church and State in a free government, and more intelligent
than to have a convention of working men, who have little time to make a
study of Church matters, pass resolutions, the passing of which generally
ends the action of a convention.
In the chapters that follow, the author has refrained from giving a great
multitude of authorities, but has endeavored to give such as are
sufficient to sustain the text. For example, under the first section, and
many others, a list of citations covering several pages might be given.
That would add to the expense of the volume and would not be within its
compass. The book will better fulfil its purpose by clear, brief
statements of the rules of law, and if a reader desires to investigate
further, the citations given will guide his way.
CHARLES M. SCANLAN.
MILWAUKEE, JANUARY 23, 1909.
CHAPTER I. INTRODUCTION
*1.* _Law, Religion._—From the dawn of the science of law it has been
influenced by religion or antagonism to religion. This is very evident in
the ancient laws of Babylonia, Egypt, Phenicia, Israel, India, and
Ireland. It would be impossible to make a study of the law of any of said
countries without gaining a knowledge of its religious system, whether
pagan or otherwise.(3)
*2.* _Religions._—Ancient nations might be classified into pagan and those
that worshiped the universal God. However, some of the nations at one time
were pagan and at other times had a fair conception of the supernatural.
Also, in Egypt, the class of higher culture and education believed in the
one omnipotent and omniscient Being, but the populace, who could be
controlled more readily by flattering them in their notions and giving
their childish conceptions full sway, worshiped idols.(4)
*3.* _Authority, Right._—In those nations where the ruling authority had
the proper conception of the Almighty, there was a strong, persistent
growth of law upon the basis of natural right; while in the pagan nations
laws were arbitrary and despotic.(5)
Public-domain text, read in full here on John Shaqi.
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