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Table of Contents

20. Church, Religious Society.—Bouvier's definition of “Church” is: “A society of persons who profess the Christian religion.” Chief Justice Shaw's definition is: “The church is neither a corporation nor a quasi-corporation, but a body of persons associated together for certain objects under the law. An aggregate body of individuals associated together in connection with a religious society. The term religious society may with propriety be applied in a certain sense to a church as that of religious association, religious union, or the like; yet in the sense church was and is used in our law, it is synonymous with parish or precinct and designates an incorporated society created and maintained for the support and maintenance of public worship. In this, its legal sense, a church is not a religious society. It is a separate body formed within such parish or religious society whose rights and usages are well known and to a great extent defined and established by law.”24

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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 [pg 024] 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 [pg 025] 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.

27. Sect, Sectarianism.—The Supreme Court of Nevada defines “sect” as follows: “A religious sect is a body or number of persons united in tenets, but constituting a distinct organization or party, by holding sentiments or doctrines different from those of other sects or people. In the sense intended in the constitution, every sect of that character is ‘sectarian’ and all members thereof are sectarians.”32 In Pennsylvania the court adopted the definitions given in the Standard and in Webster's [pg 026] dictionaries.33 The Supreme Court of Missouri, citing Webster's and the Century dictionaries, gave the following additional definition of sectarianism: “Sectarianism includes adherence to a distinct political party, as much as to a separate sect.”34 The Presbyterians35 and the “Shakers”36 have been adjudged sects.

28. Sectarian.—“Sectarian” has received more contradictory constructions than any other equally simple word in the English language. In Wisconsin the “King James” Bible was held to be a sectarian book;37 but in Kentucky it was held that neither the Douay nor the “King James” Bible was a sectarian book.38 The Missouri court extended sectarian so as to apply to the Republican party.39 In Illinois an industrial school for girls in which the Catholic Sisters were employed as teachers, was held a sectarian institution;40 while in Wisconsin, [pg 027] the “Wisconsin Industrial School for Girls,” a private corporation organized and conducted by Protestant ladies, has received appropriations from the State and has had its reports published at state's expense, as a non-sectarian institution.41 In New York the religious garb of the Catholic Sisters was practically decided to be sectarian;42 but in Pennsylvania and Wisconsin it was decided that the dress of the Sisters was not sectarian.43

29. Worship, Services, Mass.—Any act of adoration, reverence, praise, thanks, honor, or veneration given to God, is religious worship.44 A Sunday-school where the Bible was read and a hymn sung and a state temperance camp-meeting where a prayer was said and hymns were sung, were held to be places of divine worship.45 But a priest's house where he had a room fitted up for a [pg 028] chapel, was held to be not a place of worship.46 It is very difficult to draw a line—no matter what curves you may give it—between the Protestant system of worship, which consists of the reading of the Bible, the singing of hymns, and the reciting of prayers, and such services in the public schools. Also, there would seem to be no legal difference between a prayer said or a hymn sung by a Catholic and a Protestant. As we have no established church in this country, we have no standard for prayers, hymns, or music.47

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 [pg 029] 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

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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 [pg 031] 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

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