Page:Catholic Encyclopedia, volume 17.djvu/629

 FBOTEOTIVE gl3 FB0TE8TANT

the price he fixes; the sale should ordmarily be by another, to convert to his own use any ecclesiastical

auction or at least it should be made known publicly, property whatsoever or to prevent the proper parties

and the property should go to the highest bidder, from enjoying the income or return therefrom he

everything considered without special permission of faUs under excommunication and remains there till

the local ordinary; however, immovable church he makes restitution or removes the obstacle ho placed

property must not be sold or leased to its admin- and asks absolution from the Holy See; if he was

istrators or those related to them in the first or the patron of the church or property he loses his right

second degree of consanguinity or affinity. The of patronage eo ipso, if he was a cleric (even if he

church has the right of personal action against any only consented to the usurpation), he loses his

person (and his heirs) alienating church property benefices, is rendered incapable of receiving others

without the proper formalities, and a right of real and is to be suspended from exercising his orders,

action against any holder, if the alienation was void, even after absolution and reparation made, if his

If the afienation was invalid the action may be pur- ordinary thinks fit. lihese penalties, however, are

sued by the person alienating, his superior, tneir not incurred bjr ordinary thieves of church property,

successors in office or by any cleric of the church .nor by city ofiSciais who acquire church property for

that has suffered the injury. To mortgage or pledee the city but not for themselves, ecclesiastical property or to contract debts, the Prescription. — ^The Church acpepts, as regards

permission of the legitimate superior mentioned above ecclesiastical property in general, the principles of the

IS required; he is to consult those who are interested civil law in the various countries re^roing prescription

and to provide for the liquidation of the debt as soon in the matter of acquiring or losing the ownerahip.

as possible. But prescriptive rights do not arise m the case of: (a)

In leasing ecclesiastical property worth over 30,000 what is ordered by natural or positive Divine law, or

francs, for more than nine years, the consent of the what cannot be granted except by Apostolic privilege;

Holy See is needed. If for less than nine years, (b) spiritual rights, forwhich a layman is incompetent,

or for more than that time, provided the value is if there is question of prescription in favor of a lavman;

between 1000 and 30,000 francs, the consent of the (c) the definitive fixed ooundaries of ecclesiastical prov-

ordinary, cathedral chapter, council of administration inces, dioceses, parishes, vicariates Apostolic, prefec-

and of those interested, is needed; but for property of tures Apostolic, abbeys or prelacies nullius; (d) Mass

this value, if the time does not exceed nine years, stipends or obligations; (e) an ecclesiastical benefice

the consent of those interested and of the ordinary, without title; (f) the nfjbt of visitation and obedience,

after consulting the coxmcil, suffices, which is also such that an ecclesiastical person cannot be visited by

the case if the property is not valued over 1000 francs or is not subject to any prelate; (g) the pajonent of

and the time exceeds nine years. If the goods do not the cathedraticum. Sacred things in posession of a

exceed 1000 francs in value and the time is less than private individual can be acquired through prescrip-

nine 3rears, the Intimate administrators can act tion by a private person, but they must not be used

on notifying the ordinary. If the property is held by for profane purposes; if, however, they have lost their

emph3rteusis (perpetual lease) the grantee cannot consecration or blessing they can be used for profane,

redeem the rent without the proper superior's au- but nor for sordid uses. One ecclesiastical person may

thority; the deed of grant must accept the ecclesi- acquire a sacred thing from another similar body by

astical forum as alone competent to adjudicate in prescription, but a private person can thus acquire

any of the controversies that might arise between the sacred things only from a private person. Iinmovable

parties in connection with the property. property, and movable valuable property, rights and

Alienation of church property without due permis- actions, whether personal or real, belonging to the

sion is null and void: consequently the property must Holy See may be prescribed in a hundred years; those

be given back and the culprit must repair any injury belonging to other ecclesiastical moral persons in

or loss his act has occasioned. The alienor and those thirty years. The prescriptive ri^t does not arise,

who consented to the alienation are liable to punish- however, unless there was good faith not only at the

ment according to the value of the property involved, beginning but throughout the required period.

If the object is worth less than 1000 francs the penalty pf *^J?7«^.f«~;5^. «^/ ^,t%;"iti??®'^^^' Ayrinhac.

is left to the ecclesiastical superior's discretion; if it ia ^^ ^^^^^ (New York. 1920). 293-303. valued between 1000 and 30,000 francs, the culprit, Protectiye Society, Catholic. See Cathouc

if a patron, loses the right of patronage, an ad- PROTBcrnvB Society. ministrator his office, a religious superior or oecomous

his office and his eligibility for any other office— Protestant Episcopal Oliureh in the United States

his superiors may impose further suitable penalties of America, (cf. C. E., XII— 493c) .^-In the General

— an ordinary and other clerics having an office, Conventions of 1910 and 1913 the proposal to

benefice, dignity, or function in the Church, have to change the name of this church was defeated. The

pay for double the amount of injury, to the church question, which had been a burning one since

or pious work injured; other clerics are to be sua- about 1890, developed two extreme parties, one

pended for a time fixed by the Holy See. In a case desiring the church to be designated as the Ameri-

in which the permission of the Holy See is required can Catholic Church (or some equivalent title),

by canon law and has been deliberately omitted, while the other desired more clear l^otestant des-

those who have alienated the property, or consent ignation and afiiliation. The change was not pro-

to this, and those who have bought or received it posed directly; it was to be accomplished in the

incur unreserved excommunication. It may be re- revision of the Prayer Book. Excluding the change

marked that the canons in which these penalties are of name, a committee on Prayer Book revision

laid down speaks expressly only of alienation, nothing was appointed in 1913, among its chief sponsors

being said therein about loans, mortgages or leases. being those who desired to eliminate everything

Apart from this alienation, those who usurp or hold savoring of Ritualism. This committee, after bring- personally or otherwise the temporary proj)erty or ing in recommendations similar to those proposed rights of the Roman Church incur excommunication by Anglicans for the Book of Common Prayer reserved specially to the Holy See, and the offenders, (q. v.), has been continued over the conventions if clerics, are to be deprived of whatever dignities, of 1916 and 1919 and final action is promised in the benefices, offices or pensions they may hold and Convention of 1922. The General Convention of declared incapable of acquiring them in future. 1919 rejected a proposal to prohibit the rema^ Furthermore, if anyone presumes, personally or by riage of divorced persons.