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# Catholic Encyclopedia (1913)/Antonio Margil

From volume 9 of the work.
Born at Valencia, Spain, 18 August, 1657; died at Mexico, 6 Aug., 1726. He entered the Franciscan Order in his native city on 22 April, 1673. After his ordination to the priesthood he volunteered for the Indian missions in America, and arrived at Vera Cruz on 6 June, 1683. He was stationed at the famous missionary college of Santa Cruz, Querétaro, but was generally engaged in reaching missions all over the country, in Yucatan, Costa Rica, Nicaragua, and especially in Guatemala, where he merited the name of Apostle of Guatemala. He always walked barefooted, without sandals, fasted every day in the year, never used meat or fish, and applied the discipline as well as other instruments of penance to himself unmercifully. He slept very little, but passed in prayer the greater part of the night, as well as the time allotted for the siesta. The result was that his efforts for the salvation of Indians and colonists were crowned with extraordinary success. On 25 June, 1706, he was appointed first guardian of the newly-erected missionary college of Guadalupe, Zacatecas. In 1716 he led a band of three fathers and two lay-brothers into Texas, and founded the missions of Guadalupe among the Nacogdoches, Dolores among the Ays, and San Miguel among the Adays. When the French destroyed these missions, Father Margil withdrew to the Rio San Antonio, and remained near the present city of San Antonio for more than a year. He then returned with his friars to the scene of his former activity, restored the missions, and even gave his attention to the French settlers in Louisiana. In 1722 he was elected guardian of his college and compelled to leave his beloved Indians. At the close of his term of office he resumed missionary work in Mexico. He died at the capital in the famous Convento Grande de San Francisco, in the odour of sanctity. Gregory XVI in 1836 declared Father Antonio Margil's virtues heroic.
ESPINOSA, Crónica Apóstolica y Seràfica (Mexico, 1746); VILAPLANA, Vida del V.P. Fr. Antonio Margil (Madrid, 1775); ARRICIVITA, Crónica Seràfica y Apóstolica (Mexico, 1792); SOTO-MAYOR, Historia del Apóstolico Colegio de Guadalupe (Zacatecas, 1874); SHEA, Catholic Church in Colonial Days (New York, 1886).
Zephyrin Engelhardt.
# Catholic Encyclopedia (1913)/Antonio Fernández

From volume 6 of the work.
A Jesuit missionary; b. at Lisbon, c. 1569; d. at Goa, 12 November, 1642. About 1602 he was sent to India, whence two years later he went to Abyssinia, where he soon won favour with King Melek Seghed. This monarch, converted to the Faith in 1622, after the arrival of the Latin patriarch, for whom he had petitioned the Holy See, publcly acknowledged the primacy of the Roman See and constituted Catholicism the State religion (1626). For a time innumerable conversions were made, the monarch in his zeal resorting even to compulsory measures. The emperor's son, however, took sides with the schismatics, headed a rebellion, seized his father's throne, and reinstalled the former faith proscribing the Catholic religion under the penalty of death. The missionaries, on their expulsion, found a temporary protector in one of the petty princes of the country, by whom, however, they were soon abandoned. Those who reached the port of Massowah were held for a ransom. Father Fernández, then over eighty years of age, was one of those detained as hostage, but a younger companion persuaded the pasha to substitute him, and Father Fernández was allowed to return to India, where he ended his days. On his missions for the king, Father Fernández had traversed vast tracts of hitherto unexplored territory. He translated various liturgical books into Ethiopian, and was the author of ascetical and polemical works against the heresies prevalent in Ethiopia.
F.M. RUDGE
# Catholic Encyclopedia (1913)/Antonio Magliabechi

From volume 9 of the work.
Italian scholar and librarian, b. 20 Oct., 1633, at Florence; d. there, 4 July, 1714. He was the son of Marco Magliabechi, burgher, and Ginevra Baldorietta. He was apprenticed to a goldsmith, and worked in this capacity till his fortieth year. His real inclination was, however, from the beginning towards study, and he was in the habit of buying books out of his small resources and reading them at night. Michele Ermini, librarian to Cardinal de' Medici, recognizing his ability, taught him Latin, Greek, and Hebrew. Magliabechi had an astonishing mernory, and thus acquired an unusually large knowledge. In 1673 he became librarian to Grand Duke Cosimo III of Tuscany, thus attaining the ambition of his life.
He became the central figure of literary life in Florence, and scholars of every nation sought his acquaintance and corresponded with him. He was always ready to give a friendly answer to questions on scholarship, and was thus the unacknowledged collaborator on many works and publications. Strangers, visiting Florence, stared at him as something miraculous. He not only knew all the volumes in the library, as well as every other possible work, but could also tell the page and paragraph in which any passage occurred. In private life Magliabechi was an eccentric old bachelor, negligent, dirty, slovenly, always reeking with tobacco, engaged in study at his meals, a Diogenes in his requirements. Every room in his house, and even the corridors and stairs, were crowded with books. He died at the monastery of Sta. Maria Novella. He left his books (30,000 volumes) to the Grand Duke to be used as a public library; his fortune went to the poor. The Magliabechiana was combined with the grand-ducal private library (Palatina) by King Victor Emmanuel in 1861, the two forming the Biblioteca Nazionale.
SALVINI, Delle lodi di Antonio Magliabechi (Florence, 1715); Clarorum Begarum, Germanorum, Venetorum ad A. Magliabechium nonnnullosque alios epistolae, I-V (Florence, 1745-6), ed. TARGIONI-TOZZETI; Catologus codicum saeulo XV. impressorum, qui in bibliotheca Magliabechiana Florentiae adservantur, I-III (Florence, 1793-5); JOCHER, Allg. Gelehrtenlex., III (Leipzig, 1751), 38-9; VALERY, Correspondance inedite de Mabillon et de Montfaucon avec l'Italie, I-III (Paris, 1847); Nouv. Biogr. Generale, s.v.: BECK in Zentralblatt fur Bibliothekswesen, XV (Leipzig, 1898), 97-101: Lettres de Menage a Magliabechi (Paris, 1891), with introduction by PELISSIER; AXON, Antonio Magliabechi in The Library Association Record, V (London, 1903), 59-76.
Klemens Löffler.
# Catholic Encyclopedia (1913)/Cowl

From volume 4 of the work.
(koukoulion, cucullus, cuculla, cucullio. -- Ducange, "Gloss.", s.v.).
A hood worn in many religious orders. The name was originally used for a kind of bag in which grocers sold their wares (ibid.), then for an article of dress that was like it in shape. The lacerna or byrrhus (our cope), the usual cloak for outdoor wear until far into the Middle Ages, had a cowl fixed behind, that could be drawn over the head. So also had the poenula (chasuble -- Wilpert, "Gewandung der Christen", pp. 13, 45, etc.; Braun, "Liturg. Gewandung", pp. 240, 348). Juvenal (VI, 118) and Martial (XI, 98) refer to the cucullus of the lacerna. Sozomen says that monks covered their heads with a hood called cucullus (H.E., III, xiii), and Palladius disciples of Pachomius (Hist. Laus., XIII). Both St. Jerome (Ep. xxii, ad Eustochium) and Cassian (De habitu mon., I, iv) refer to it as part of a monkUs dress. St. Benedict ordered two kinds of cowls for his monks, a warm one for winter and a light one for summer (Regula S. Ben., lv). The cowl became a great cloak with a hood. Benedict of Anagni forbade his monks to wear one that came below the knees (Ardo, Vita Ben. Anian., xl). The Benedictines, Cistercians, and all the old monastic orders now use the cowl, a great mantle with a good that can be thrown back over the shoulders, as a ceremonial dress for choir; the Franciscans have a smaller hood fixed to their habit; canons wear it on their mozzetta, and bishops and cardinals on the cappa. With the Augustinians and Servites it is still a separate hood not attached to anything. Ducange (S.v.) says the name is a diminutive of casula -- "quasi minor cella". A cowl fixed to a cloak is still commonly worn in Tyrol, parts of Austria and Hungary, etc. Cucullata congregatio occurs occasionally as a general name for monastic orders (Ducange). The colour of the cowl is that of the habit, black among Benedictines, white with the Cistercians, etc.
ADRIAN FORTESCUE
# Catholic Encyclopedia (1913)/Credence

From volume 4 of the work.
(Or Credence-Table).
A small table of wood, marble, or other suitable material placed within the sanctuary of a church and near the wall at the Epistle side, for the purpose of holding the cruets, acolytes' candles, and other utensils required for the celebration of the Holy Sacrifice. The credence, properly so called, is contemplated only in connexion with solemn Masses; on it the chalice, paten, corporal, and veil are placed from the beginning of the Mass until the Offertory. When a bishop celebrates, it should be of larger dimensions than usual, the ordinary size being about forty inches long, twenty broad, and thirty-six high. On very solemn festivals it should be covered with a linen cloth extending to the ground on all sides, on less solemn occasions the cloth should not extend so far, while on days of simple rite it should merely cover the superficies. For low Masses the rubrics contemplate a niche or bracket in the wall, or some small arrangement for holding the cruets, finger-bowl, and towel, but custom now favours the use of a credence-table.
Cæremoniale Episcoporum, I, xii sq.; Rubr. Gen. Miss., XX; VAN DER STAPPEN, De Missæ Celebratione (Mechlin, 1902).
Patrick Morrisroe.
# Bramwell v. United States Fidelity & Guaranty Company

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
269 U.S. 483
Bramwell v. United States Fidelity & Guaranty Company
Argued: Nov. 23, 1925. --- Decided: Jan 11, 1926
Messrs. J. P. Kavanaugh and William M. Cake, both of Portland, Or., for appellant.
[Argument of Counsel from page 484 intentionally omitted]
Messrs. Roscoe C. Nelson, of Portland, Or., and C. B. Ames, of Oklahoma City, Okl., for appellee.
Mr. Justice BUTLER delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Brainerd Shaler Hall Quarry Company v. Brice

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
250 U.S. 229
Brainerd Shaler Hall Quarry Company v. Brice
Argued: under Rule 32, March 17, 1919. --- Decided: June 2, 1919
Mr. E. D. Worcester, of New York City, for plaintiff in error.
Mr. Bronson Winthrop, of New York City, for defendants in error.
Mr. Justice DAY delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Catholic Encyclopedia (1913)/Benno II

From volume 2 of the work.
Bishop of Osnabrück, b. at Luningen in Swabia; d. 27 July, 1088, in the Benedictine monastery of Iburg near Osnabrück. His parents sent him at an early age to the monastic school of Strasburg where the learned Herman (Contractus) of Reichenau was then teaching. Having completed his education and made a pilgrimage to the Holy Land, he taught for some time at Speyer in Rhenish Bavaria. On account of his skill in architecture he was made imperial architect by Emperor Henry III and, as such, supervised the construction of numerous castles and churches in the empire. When the Rhine, which flowed close to the Cathedral of Speyer, threatened to undermine the foundation of that building, Benno saved the majestic structure by changing the course of the river. In 1047 he became teacher at the Benedictine school of Goslar (Hanover) and, shortly after, was made head master of the cathedral school at Hildesheim. In 1051 he accompanied Azelin, bishop of that see, on the emperor's Hungarian campaign and upon his return was made provost of the Cathedral of Hildesheim and archpriest at Goslar.
In 1069 Benno was consecrated Bishop of Osnabrück, then vacant through the death of Benno I. During the conflict between Gregory VII and Henry IV, Benno for a long time sided with the emperor. When, at the Synod of Worms, in 1076, Gregory VII was deposed, Benno, like most other German bishops, signed the formula of deposition and incurred ecclesiastical excommunication. With some other well-meaning excommunicated bishops, Benno hastened to Italy, where the pope freed them from the ban at Canossa, before Henry himself arrived there to feign repentance. After the emperor's second excommunication, Benno tried to bring about a reconciliation, but, seeing the insincerity of the emperor, gave up in despair and retired to the monastery of Iburg, which he had founded in 1070. In a little house near the monastery he lived according to the rule of the monks during the week, while on Sundays and holydays he assisted at his cathedral in Osnabrück. Bennos's piety and justice made him much beloved by his flock. Strunck (Westphalia Saneta, Paderborn, 1855) and Heitemeyer (Die Heiligen Deutschlands, Paderborn, 1889) include him in the list of saints. Kerler (Die Patronate der Heiligen, Ulm, 1905) says that he is invoked against grasshoppers, because he once dispersed them by his prayers.
Thyen, Mittheil. Des hist. Vereins zu Osnabruck, IX, 1-243; Wattenbach, Geschichtsquellen im Mittalalter (Berlin, 1894), II, iii. The most important source is Vita Bennonis, by Norbert, a contemporary of Benno and third Abbot of Iburg (1085-1117). It is published in Mon. Germ. Hist.: Script., XII, 58-84. See also Breslau, Die echte und interpolierte Vita Bennonis in Neues Archiv der Gesellschaft fur altere deutsche Geschichtskunde (Strasburg, 1902), 77-135.
MICHAEL OTT
# Catholic Encyclopedia (1913)/Benjamin Joseph Webb

From volume 16 of the work.
Editor, historian, born at Bardstown, Kentucky, 25 February, 1814; died at Louisville, Kentucky, 2 August, 1897. His father, a convert, was one of the pioneers of Kentucky in 1774. Benjamin was educated at St. Joseph's College, Bardstown, which he left at an early age to learn the printer's trade. He was foreman of the office of the "Journal", a newspaper in Louisville, when, in 1836, the Rev. Dr. Reynolds (later Bishop of Charleston, South Carolina), who had been one of this teachers at St. Joseph's, persuaded him to undertake the publication at Bardstown of the "Catholic Advocate". This paper, with the assistance of Bishops Spalding, David, and Flaget, he successfully conducted; he removed its office to Louisville in 1841, and in 1847 retired from its management. He continued, however, to defend Catholic interests, notably in connection with George D. Prentice, editor of the Louisville "Courier-Journal" in 1855, in a series of letters on the intolerance of Knownothingism, which had disgraced the city by the atrocities of "Bloody Monday". These letters were printed subsequently in book form with the title, "Letters of a Kentucky Catholic". On 1 May, 1858, at the instance of Bishop Spalding and in connection with other members of the Particular Council of the St. Vincent de Paul Society of Louisville, he issued the "Catholic Guardian", which the Civil War troubles ended in July, 1862. He was also a contributor to the "Catholic Advocate" on its revival in 1869. His long association with Catholic interests in Kentucky prompted him to compile "The Centenary of Catholicity in Kentucky" (Louisville, 1884), a volume invaluable in its records of the men and times of the pioneer era. He served as a member of the state senate from Louisville during the years 1867-75, and in 1868 wrote, at the request of the Legislature, "Memoirs of Gov. Lazarus W. Powell and Gov. John L. Helm" (published by the State). During his life he was justly regarded as the foremost Catholic layman of Kentucky.
History of the Ohio Falls Cities (Cleveland, 1882); The Record and Catholic Advocate (Louisville), contemporary files.
THOMAS F. MEEHAN
# Catholic Encyclopedia (1913)/Bequests for Masses (Canada)

From volume 10 of the work.
The law governing bequests, being concerned with "property and civil rights", falls within the legislative competency of the provincial legislatures, not of the Dominion Parliament. The basic law in all the provinces is, however, not the same. Any question concerning bequests is, therefore, one of provincial, not Dominion law. There is no statute enacted by any of the legislatures specially affecting bequests for Masses.
Quebec
In this province there is no question of the validity of such bequests. The basic law is the French law as in force in the province at the time of the cession (1759-63). Whether such bequests were or are valid under English statutory or Common Law, is immaterial. Under article 869 of the Civil Code a testator may make bequests for charitable or other lawful purposes. The freedom of the practice of the Catholic religion being not only recognized but guaranteed, as well under the Treaty of Cession (1763) as under the terms of the Quebec Act (1774), and subsequent Provincial Legislation (14 & 15 Vic., Can., c. 175) having confirmed that freedom, a bequest for the saying of Masses is clearly for a lawful purpose.
Ontario
In this province the law of England, as in force on 15 October, 1792, introduced "so far as it was not from local circumstances inapplicable", under powers conferred by the statute of 1791, which divided the old Province of Quebec into Lower and Upper Canada, is the basic law. That Act preserved to Roman Catholics in Upper Canada the rights as regards their religion secured to them under the Act of 1774. The provincial legislation cited as regards Quebec being enacted after the reunion of Upper and Lower Canada, was also law in this province. The validity of bequests for the saying of Masses was upheld in the case of Elmsley and Madden (18 Grant Chan. R. 386). The court held that the English law, as far as under it such dispositions may have been invalid, was inapplicable under the circumstances of the province, wherein the Catholic religion was tolerated. This case has been accepted as settling the law.
British Columbia, Manitoba, Alberta, and Saskatchewan
In British Columbia the civil law of England, as it existed on 19 November, 1858, and in the three other of these provinces, that law as it existed on 15 July, 1870, "so far as not from local circumstances inapplicable", is the basic law. The Ontario judgment above cited is in practice accepted as settling the question under consideration.
In Nova Scotia, New Brunswick, and Prince Edward Island
Though there is no statutory enactment making the English law applicable, it has, since the acquisition of Acadia by Great Britain, been recognized as being in force. In these provinces, however, that law in so far as it may treat as void dispositions for the purpose in question as being for superstitious uses, has always been treated as inapplicable. The validity of such bequests was maintained in an elaborate judgment of Hodgins, Master of the Rolls, in an unreported case of Gillis and Gillis in Prince Edward Island in 1894.
Chas J. Doherty.
# Catholic Encyclopedia (1913)/Benoit-Marie Langénieux

From volume 8 of the work.
Cardinal, Archbishop of Reims, b. at Villefranche-sur-Saône, Department of Rhône, 1824; d. at Reims, 1 Jan., 1905. He studied humanities in Paris at St-Nicolas du Chardonnet, under Dupanloup; and theology at St-Sulpice, where he was ordained, 1850. After nine years as curate at St-Roch, he became successively diocesan promoter 1859; curé of St-Ambroise, 1863; then of St-Augustin, 1868; Vicar-General of Paris, and archdeacon of Notre-Dame, 1871. Made Bishop of Tarbes, 1873, he was, the following year, translated to the archiepiscopal See of Reims. The thirty-one years of his episcopate were fruitful ones. Beside obtaining from the French legislature an appropriation of two millions of francs for the restoration of Reims cathedral, he secured for the Trappists the ancient Abbey of Igny, and for the Oratorians the priory of Binson, erected at Châtillon the colossal statue of Urban II, whose cultus he had promoted in Rome, built in the suburbs of his metropolis the churches of Ste-Geneviève, St-Jean-Baptiste de La Salle, St-Benoit, and Ste-Clothilde, this latter being afterwards made the seat of an archconfraternity of prayer for France, and the place of celebration of the fourteenth centenary of Clovis's baptism. When the law of school secularization came into effect, he filled his see with Catholic schools and founded four asylums for orphans. Created cardinal in 1886, he presided as papal legate over the Eucharistic Congresses of Jerusalem, Reims, and Lourdes.
A champion of every noble cause, he took an active part in the beatification of Joan of Arc, the panegyric which he pronounced at Orléans, 1885, being most eloquent. He fought vigorously the anti-religious legislation that was being prepared against Christian education, the religious orders, and the concordat. His "Déclaration des Cardinaux et exposé de la situation faite à l'église de France" (1892), and his "Lettre au Président de la République" (1904), remain as witnesses to his truly episcopal character. However, he cherished above all the title of "Cardinal des ouvriers" given him by the gratitude of the working class, whose interests, spiritual and material, he never ceased to champion. Langénieux enjoyed the friendship of Leo XIII, who consulted him on all matters concerning the Church in France. The universal esteem in which he was held was abundantly proved by the many decorations which European rulers bestowed on him and by the vast concourse of bishops, priests, and people at his two jubilees and at his funeral. His eulogy was pronounced by Bishop Latty, of Châlons, and Bishop Touchet, of Orléans. Beside the pamphlets mentioned above and a number of occasional discourses, we have from Langénieux's pen: eight pastoral letters (Tarbes, 1873); 231 mandements (Reims, 1874-1905); and "Abrege de l'Histoire de la Religion" (Paris, 1874).
FREZEL: Son Eminence le Cardinal Langénieux (Reims, 1905); IDEM in L'Episcopat francais (Paris, 1907), s.v. Tarbes. and Reims: COMPANS, Son Eminence le Cardinal Langénieux (Reims, 1887); see also La France chretienne a Reims en 1896 (Paris, 1896).
J.F. SOLLIER
# Cassell v. Texas

* related portals: Supreme Court of the United States.
* sister projects: Wikipedia article, Wikidata item.

## Concurring Opinion

    Clark

## Dissenting Opinion

    Jackson
United States Supreme Court
339 U.S. 282
Cassell v. Texas
Argued: Nov. 10, 1949. --- Decided: April 24, 1950
Mr. Chris Dixie, Houston, Tex., for petitioner.
Mr. Joe R. Greenhill, Houston, Tex., for respondent.
Mr. Justice REED announced the judgment of the Court and an opinion in which THE CHIEF JUSTICE, Mr. Justice BLACK and Mr. Justice CLARK concurred.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse