Page:Catholic Encyclopedia, volume 2.djvu/304

 BANQUET

258

BAPTISM

twenty-one days in some conspicuous place in the registrar's office, and accompanied by a declaration as to absence ot impediments, necessary consent of parents or guardians, etc, ("Encyclopedia of the Laws of England", London, 1897, II, 1-3; "Ameri- can and English Encvclopedia of Law", 2d ed., 1901, XIX, 1190-93; Phillimore, "Ecclesiastical Law of the Church of England", 2d ed., London, 189.5, II, 580 sqq.). For the publication of baiuis in the (Protestant) churches of Ireland and Scotland see \V. P. Eversley, "The Law of the Domestic Rela- tions" (2d ed,, London, 1890), In most of the United States a license to marry must be obtained by the contracting parties; in Delaware and Ohio publication of the banns is equivalent to a license (H, J, Desmond, The Church and the Law, Chicago, 1898, 66). In all the provinces of the Dominion of Canada publication of the banns is required in de- fault of a license to marry. In the Province of Que- bec, in default of a license issued to non-Catholics, the publication of the banns is required on three Sundays or Holy Days with reasonable intervals, at morning service, or if none, at an evening service. If the parties belong to different churches, these pub- lications must take place in each church. They must contain the names, surnames, qualities or occupa- tion and domicile of the parties to be married, and whether they are of age or minors, also the names, surnames, occupations, and domicile of their fathers and mothers, and the name of the former husband or wife, A certificate of due publication of the banns is also required before the marriage, and mention is made of it in the Act of Marriage; this certificate must be signed by the person who published the banns, and must contain all the above details stated in the banns themselves. Such certificate is not required if the banns were published by the same person who performed the marriage. Unless the parties have an actual domicile of six montlis in the place of pub- lication, the latter must occur in the place of last domicile in Lower Canada, or if out of Canada the officer must ascertain that no legal impediment exists. If the parties are under the authority of others the publication must take place in the domi- cile of such authority (R, S, Weir, The Civil Code of Lower Canada, Montreal, 1898, Nos, 57, 58, 130- 134). In France the civil code prescribes the pub- lication on two distinct Sundays of the names, occupations, domiciles, and names of parents of per- sons intending to marry. The marriage cannot take place until three days after the second publication; if a year is allowed to elapse there must be a fresh publication of the banns. Marriages contracted abroad between French subjects or between a French subject and a foreigner, but according to foreign law, are recognized in France. The publication of the banns, however, cannot be omitted imder pain of invalidating the marriage.

For the history of baans see Esmein, Le viariage en droit canonique (Paris, 1891), I, 78; Schulte, Handbuch des kath. Eherechts (1855). 40; Binder, Vom kirchl. Aujgehot der Ehe (1S57); ScHlNDLER, Die Notwendigkeit und die Vmstiinde des Eheaufgebots (Warasdorf, 1884); Archiv /, kath. Kirchenrecht, I, 129, 275; II. 546; IV. 391. All manuals of canon law and moral theology deal at more or less length with this subject, e, g, LAnRENTiDS, Instil. Jur. Eccl. (Freiburg, 1903), Nos. 567- 569; Heiner, Grundriss des kath. Eherechts (4th ed„ 1900); SAGMfJLLER, Lehrb. des kan. Rechts (Freiburg, 1900 sq, ). 485-490; Vering. Lehrbuch des kath. . . . Kirchenrechts (Freiburg. 1893), 859-863; Von Scherer, Handbuch des Kirchenrechts (Graz, 1898). II, 143-161, Cf, also JFerraris, Prompta bibliotheca can., s, v.; Feijb. De impedimentis et dispensat. matr. (Louvain, 1S74). 151-177; Taunton, The Law of the Church (London and St. Lotiis. 1906), 5. v.; Ballerini- Palmieri, Theologia Moralis (Prato, 1894), VI, 427-447; Gasparri, Tractatus canon, de matrimonii (2d ed., Rome, 1892).

Thomas J. Shahan. Banquet, Eucharistic. See Eucharist, Symbol-

XSM OF.

Bapst, John, Jesuit missionary and educator.

b. at La Roche, Fribourg, Switzerland, 17 Decem- ber, 1815: d. at Mount Hope, Maryland, U. S. A.,

2 November, 1887. At twelve he began his studies at the college of Friboiu-g, and on 30 September, 1835, entered the novitiate of the Society of Jesus. He was ordained priest, 31 December, 1846, after the usual course of studies and teaching. He arrived in New York in 1848 and, though ignorant of both English and Indian, was sent to minister to the Indians at Old Town, Maine, The inhabitants re- ceived him with every demonstration of joy, but he found tliem in a very degraded moral condition. They had been without a priest for twenty years, and he laboured zealously for their reformation. He founded several temperance societies in Maine. In 1850 he left Old Town for Eastport. His work immediately began to attract attention, both for its results among CathoUcs and the number of con- verts who were brought into the Church. As his missions covered a large extent of territory, he be- came generally known through the State. When the Know-Nothing excitement broke out he was at Ellsworth. Besides being disliked as a Catholic priest, he was particularly obnoxious because of his efforts to establish a Catholic school there. On

3 Jime his house was attacked, and on 5 June, 18.54, in pursuance of an order of the Town Council, which was directed to be published in the papers, he was dragged out of the residence of one of his people, was tarred and feathered, and ridden on a rail to the woods outside the town, and ordered to leave the neighbour- hood. Some accounts have it that there was an attempt to burn him to death, which, for some reason or other, was pre^■ented. He recovered from his in- juries and continued his work. The outrage at Ells- wortli met with general condemnation. Father Bapst built the first church at Bangor, which was dedicated in 1856. He remained there for three years and was then sent to Boston as rector of the college which was at that time the house of higher studies for the Jesuit scholastics. He was after- wards superior of all the houses of Canada and New York, and subsequently superior of a Residence in Pro\'idence, R. I. In 1879 his mind began to fail, a result, it was thought, of the Ellsworth occur- rence. His remains were interred at Woodstock, Maryland,

Woodstock Letters, XVI. 324; XVII. 218. 361; XVIII, 83, 129, 304; XX, 61, 241, 406; Shea, Hist, of the Catholic Church in V. S. (New York, 1904).

T. J. C.\MPBELL.

Baptism, one of the Seven Sacraments of the Chris- tian Church, frequently called the "first sacrament", the "door of the sacraments", and the "door of the Church".

I. AnTHORIT.\TIVE STATEMENT OP DOCTRINE. — At

the outset we think it advisable to give two docu- ments which express clearly the mind of the Churck on the subject of baptism. They are valuable, also, as containing a summary of the main points to b( considered in the treatment of this important matter Baptism is defined positively in the one and nega- tively in the other, (a) The positive document if what is commonly designated as "The Decree foi the .Armenians " in the Bull " Exultate Deo " of Pop< Eugene IV. It is often referred to as a decree oj the Council of Florence. While it is not necessarj to hold this decree to be a dogmatic definition o the matter and form and minister of the sacraments it is undoubtedly a practical instruction, emanating from the Holy See, and as such, has full authenticit} in a canonical sense, that is. it is authoritative. Th< decree speaks thus of Baptism: " Holy Baptism hold the first place among the sacraments, because it ii the door of the spiritual life; for by it we are mad« members of Christ and incorporated with the Church .\nd since through the first man death entered int<