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
More solemn and impressive than her prayers adapted for schools is the
Mass of the Catholic Church, defined thus: “The Mass is the unbloody
sacrifice of the body and blood of Christ.”(48) It is defined in 26 Cyc,
940, as follows: “A religious ceremonial or observance of the Catholic
Church;(49) a Catholic ceremonial celebrated by the priest in open church,
where all who choose may be present and participate therein;(50) the
sacrifice in the sacrament of the Eucharist or the consecration and
oblation of the Host.”(51)
*30.* _Parish._—A parish has two meanings. In some States it is a minor
division of public territory; but in States where there is no such
division of territory, the State using instead “county” or “town,” a
parish rather applies to the people belonging to a particular church, who
worship at a particular place. It is in the latter sense in which a parish
should be construed in church law.(52)
_Parishioner._—A parishioner must be defined in harmony with the meaning
of the word “parish.”(53)
*31.* _Clergyman._—A clergyman is a man in holy orders or one who has been
ordained in accordance with the rules of his church or denomination.(54)
*32.* _Minister._—A minister is one who acts as, or performs some of the
functions of, a clergyman.(55)
*33.* _Rector or Pastor._—A rector or pastor is a clergyman who has charge
of a parish.(56)
*34.* _Religion._—Religion is still further distinguished, but not very
satisfactorily defined, for the reason that etymologists have not agreed
upon the derivation of the word. When the matter was brought before our
courts and it became necessary to give a definition, the highest court in
our country gave the following: “The term ‘religion’ has reference to
one’s views of his relations to his Creator, and to the obligations they
impose of reverence for His being and character, and of obedience to His
will. It is often confounded with _cultus_ or form of worship of a
particular sect, but it is distinguishable from the latter.”(57) One of
our highest courts held that “religion,” as used in the trust provision in
a will for the purchase and distribution of religious books or reading as
they shall be deemed best, means “Christian.”(58) But the Supreme Court of
another State held that “religion” is not equivalent to “Christian”
religion, but means the religion of any class of men.(59) Judge Willis
defines “religion” thus: “It is what a man honestly believes in and
approves of and thinks it his duty to inculcate on others whether with
regard to this world or the next; a belief in any system of retribution by
an overruling power. It must, I think, include the principle of gratitude
to an active power who can confer blessings.”(60)
CHAPTER III. CONSTITUTIONAL LAW
*35.* _Religious Tests._—The constitution of the United States provides
that “no religious test shall ever be required as a qualification to any
office or public trust under the United States.”(61)
Public-domain text, read in full here on John Shaqi.
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