The Clergyman's Hand-book of Law: The Law of Church and Grave — John Shaqi
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
*21.* _Doctrine, Constitution._—A church in law is a mere fraternal
organization. It may or may not have a written constitution, but it must
have some central doctrine as its foundation or constitution.(25) Many of
the Protestant denominations claim that the entire Bible is their
constitution. The Jews may be said to consider the Old Testament as their
constitution. All revealed truths may be said to be the constitution of
the Catholic Church,(26) and when a doctrine concerning faith or morals is
authoritatively declared by the Church to be a truth, it becomes a
dogma.(27) The Apostles’ Creed is an example of several dogmatic truths.
The code of the Church is the Ten Commandments. A few sects, by a majority
vote, make and change their constitutions at will.
*22.* _By-Laws._—By-laws of the different religious organizations differ
widely, from the decrees of the great councils of the Catholic Church down
to the vote of the congregation of an independent denomination.
*23.* _Church, Religious Society._—A church in one sense is more limited
than a religious society; the latter comprehending all the members of the
same faith. Even in the Catholic Church we hear of the Church of France,
the Coptic Church, etc., spoken of in this sense. And in a still more
limited sense we use the word as a synonym for parish. However, when the
word “the” is used before church written with a capital letter, Catholics
understand it to apply to the Roman Catholic Church in its entirety, while
some non-Catholics apply it to Christendom.
*24.* _Church, Christians, Religion._—The missions established in
California prior to its admission into the Union were, in law, practically
independent organizations and had no legal connection with the Church.
Every society organized for the purpose of propagating the practice of
religion may be a church in law.(28) The courts have made a distinction
between Unitarians, who are considered Christians, and Deists, Theists,
Free Religionists, and other infidels.(29) A sect or denomination without
a given system of faith is not recognized as a religion in law.(30)
*25.* _Doctrine, Standard._—To ascertain the tenets and doctrines of a
church, resort must be had to history and to prior and contemporary
standard writings of its members on theology.(31)
*26.* _Ecclesiastical Corporations, Religious, Quasi-public
Corporations._—Ecclesiastical corporations, in the sense in which the word
is used in England, Germany, and France, are unknown to the United States,
their places being supplied by religious societies or corporations
considered as private bodies, in contradistinction to public or
quasi-public corporations, such as towns, villages, cities, counties, and
state. Therefore, the law of private corporations applies to religious
societies and churches.
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