Page:Catholic Encyclopedia, volume 11.djvu/799

 PERU

735

PERU

ies of St. Francis (women) each one. The Dioceses of Chachapoyas and Piino liave no religious houses. Tlie three prefectures Apostohc, in the north, centre, and Bouth of the republic, are under the care of the Augus- tinians, Franciscans, and Dominicans, who work principally for the conversion of the infidel native tribes. The Government allows a small subsidy for the maintenance of these missions, but their greatest source of income is derived from the "Propagaci6n de la Fe en el Oriente del Peru". This pious associa- tion has spread over the whole republic and collects the contributions of the faithful, which are, relatively speaking, very abundant. Each diocese has its own diocesan seminary for the education of its priests. The Franciscans are in charge of the seminaries of the dioceses of Cuzco and Ayacucho, the Lazarists of those of Trujillo and Arequipa, the Fathers of the Sacred Hearts of Jesus and Mary of that of Huaraz, and the rest are under the care of the seculars. The Government does not claim supervision over the seminaries, which are under the control of the respec- tive bishops.

Ch.\rities. — There are some thirty hospitals in Peru administered by various charitable societies, one old people's home, one orphan asylum, and several congregations especially dedicated to charitable works, besides a great number of private associations devoted to the work of gratuitous teaching, visiting the sick poor in their homes, legalizing iUicit unions, etc.

Laws. — Religion. — The constitution, promulgated on 10 Dec, 1860, expressly provides that the nation profess the Roman Catholic rehgion; that the State protect it and does not permit the public exercise of any other (Art. 4). There is, however, no interference in personal religious beliefs, and there are Protestant churches in the republic. Under the Organic Law of 17 Sept., 1857 (Arts. 49-54), the prefects of depart- ments are given certain supervisory powers over eccle- siastical affairs connected with the national patron- age. Article 94 of the Constitution, on the duties of the president of the republic, estabhshes that the chief magistrate shall: exercise the ecclesiastical pat- ronage according to law; nominate for archbishops and bishops, with the approval of Congress, those who have been chosen according to law; nominate church dignitaries, canons, curates, and incumbents of ec- clesiastical benefices; conclude concordats with the Apostolic See, according to instructions given by Congress; grant or refuse, with the assent of Congress, passage to decrees of councils, or jiontifical Bulls, Briefs, and Rescripts; but in case that these affect matters in litigation, the supreme court of justice of the republic must be previously heard.

.Article 1358 of the Civil Code in force, under which the Church and religious orders were prohibited from disposing of their property without the consent of the Government, was repealed, 30 Sept., 1901. Hence the Church in Peru, as a juridical entity, can acquire and possess property of all kinds, as well as contract obligations and e.xercise civil or criminal action, ac- cording to the statutes of the country, the concordat, and the ecclesiastic canons and discipline. Temples and all places of worship are exempt from taxation, but other church property yielding a revenue of $100 or more is subject to the ecclesiastical tax according to the Regulation of 20 Dec, 1886. Arts. 83 to 94 of the Civil Code refer to clergymen and religious, containing a definition of who are such; the qualifica- tions necessary for the profession; their exemption from public ser\'ices; the recovery of civil rights by religious upon their secularization, etc. The religious orders are governed by the Regulations for Regulars {Reglamenlo de RegiilaTea), approved by Resolution of 12 Jan., 1872. Although the modern law obliges all citizens to military duty, there has never been a case where it has been applied to priests or seminarists. No special exemption is granted to clerics in regard

to trials; they are tried in the public courts, civil or criminal, as the case may be. There is no law enforc- ing the observance of holy days, although in the cap- ital a particular ordinance exists which requires that stores be closed on Sundays and Holy Days. Pro- cessions and other public acts of worship may be held without interference from the Government. The ad- ministration of the different branches of the Church in Peru, in so far as the national patronage is concerned, is entrusted to the Minister of Justice, Worship, and Public Instruction. The fiscal budget assigns the sum of $100,000 for the maintenance of the Church, including the salaries of prelates, rectors, etc.

WiLL.s AND Testaments. — The procedure that ob- tains in Peru is similar to that in force in Spain, being based upon the Roman law. According to the Civil Code, wills may be either open or closed. An open will (leslameiilo abierto) may be executed in a public instrument, i. e., before a notary public, in a private document, or verbally (Arts. 651-656). There are, besides, special forms of wills, such as the mihtary, the maritime, and others, in which, on account of the unusual circumstances attending upon each particular case, the ordinary formalities of law are dispensed with, and others of a less restrictive nature prescribed instead (Arts. 674-681). A closed will (leslamenlo cerrado) must be duly sealed by the testator himself. A foreigner owning property in Peru must testate according to the provisions of the Civil Code (Art. 692) ; and if he have an estate abroad he may dispose of it by wil' executed in accordance with the laws of the country wherein such estate may be located, or with those of his native land (Art. 693), provided he have no rightful heir or heirs in Peru (Art. 695). The substantive law governing wills and testaments, suc- cession, etc. is contained in Arts. 651 to 954 of the Civil Code.

Cemeteries are under the authority of charitable associations and the parish priests. Under the Reso- lutions of 20 Nov., 1868 and 19 Jan., 1869, the Mu- nicipal Councils of the republic are instructed to estab- lish and maintain laic cemeteries for the burial of persons not belonging to the Catholic Church.

Marriage and Divorce. — The Peruvian Civil Code expressly prescribes that marriages in the republic must be performed with the formalities established by the Council of Trent; but in order to enable non- Catholics to marry in the country a law was enacted on 23 Dec, 1897, empowering the Alcaldes (mayors) of the Provincial Councils to solemnize marriages. Divorce in Peru, as established by Arts. 191 seq. of the Civil Code, is not absolute, i. e., does not terminate the bond of union. Marriage can only be nullified through the regular ecclesiastical procedure, if by reason of canonical disabilities, or through the ordi- nary courts of justice, if on account of civil impedi- ments. Sec III of the Civil Code (Arts. 120-217) is devoted to the subject of matrimony, including divorce.

Schools. — Education in Peru is a national institu- tion under the Department of Justice, Public In- struction, and Worship, but is also given by private establishments, of which there are several maintained by religious orders. It is divided into primary, sec- ondary, and academic. Primary instruction was, until 1905, when the new public education law went into effect, in the hands of the municipalities, but in view of their limited resources the national Govern- ment found it necessary to take charge of it. It is free and compulsory and is given in about 2500 public schools, with 3105 teachers, and an attendance of 162,298 pupils (1909). Secondary education is fur- nished by thirty government colleges and several pri- vate institutions. Academic in.struction is afforded by the universities of the republic Foremost among them is the University of Saint Mark, founded at Lima in 1574, which has faculties of theology, law.