, 1875-08-08


Therefore have wrote this book against prdendet
philosophers who leading many asi17y W 1ale'
science
A SIGNIFICANT TRIAL.
RELATIONS or CHURCH AND. sTA1E In 11ALf.
| fail jfaA Buddet July 23-
Tho civil tribunal Of Mantua hfs just given I
decision IN IN ecclesiastical which illustrator
tho relations Of Church and State in Italy. The
| Court has declared that, while the Catholic il
| the recognized religion Of the State. liberty o.
| conseence and OF worship is accorded to 81
c,t,zens. and that therefore the election Of IL
Old Catholic cure by majority Of the parishion
ers il legally valid. The Church buildings ART
found to be public property, which belong to the
municipalities, aud are subject to the manage
ment and control OF those whom they may ap-
| point for tho purpose. The Court, therefore,
confirmed the right OF the cure to conduct public
wo1shlp in the parish church, and to occupy the
adjoining parsonage, Whue It condemned 10
costs those who had brought the actions to dis
poase4s him Sincs the Bishop OF Mantua- IN
whose Diocese the church is situated. was one o1
the eultors, the decision asserts the supren-
acy Of the civil court and civil Ia"
over the ecclesiastical or "spinfual
powers," The Bishop pleaded in vain the
authority Of canon Law md the DEGREES Of the
Council Of Trent as we'll as OF Paph bulls and
briefs In virtue of these he had launched sen
tepce OF accommodation against the cure, De-
c&use he had not submitted to bis jurisdiction ;
but the Kings advocate denied that these had
any authority and the Court has taken this view.
Tune was when a cure guilty Of defying bis
ecclesiastical superiors would have been COM
pe1led to appear in person at Rome-4ere.
probably, to be condemned and punished BY the
Inquisition. Nowadays, even in Italy, the Church
must bring actions a. civil Law, aud is liable TO
tie same chAnces OF failure and misadyenture
Is any other suitor. In this instance the Church,
represented by ths Bishop Of Mantua, has auf-
fered utter overthrow. 1t hns been found that
the Church ia by the law OF Italy subject like
any other corporation OF society. to the aVn
courts. The rlght. Of appointing tho parish
priest il treated q civil function. vested II the
majority of the parishioners aa their legal right,
which they may therefore defend md make good
against Ill comers before the civil tribunal, The
champions OF "a spiritual independence" whether
in England or Scotland. will not flud much sup
the law courts Of Italy.
TIE form in which the case was brought be-
fore the Court VAS an action By minority OF
the Catholic inhabitants OF San Giovanni del
Dosso, in Mantua. against The present cure OF
their pa11sh, who has held the Office, to winch he
vas publicly elected by the ajorlty. slnce 1878.
Mousignor Rota, the Bishop, had in the first iu-
stance appointed cure, who was strongly OBJ
jected to by the great majority. Thereupon the
pnrishioners held meeting in the church and
cure, one Don Lonardi, who Was veil known and
much esteemed in the district, and who is de-
scrbed as an Old Catholic. The Bishop
protested, and pronounced sentence OF e1-
Communication but the new cure was
installed notwithstanding as the nominee Of the
majority, aud has ever since gone on peacefully
discharglng the duties Of his Office Instigated
by the Bishop. some OF the rarlshioners applied
to The LAW for the expulsion OF Don Lonardi and
bis assessor, Don Coelli from The Church Of San
Gioyarni. The number OF the minority thus
taking action was forty-seven, the majority num-
being 203 1t was maintained on behalf Of the
minority that according to the laws Of
the Church, the cure is the assistant OF
The Bishop, and ought to be appointed BY him !;
and mass of pontl6cal bulls, DEGREES. and eccle-
s,asucal decisions we're brought in support Of
this position. 1t followed that Monsignor Kota
xas entitled to treat Don Lonardi's election ~
null and void, and to appoint another in hls place.
sud the Court ought to dispossess Don Lonardi
in order to allow the cure appointed by the Bsh-
op to discharge the duties Of the office:
hat m th, law forbids the Goyernment
to enforcs the acts Of the ecclesiastical
AUTHORITY, aud that the validity of Don Lonardl's
election had been implicitly recognized BY the
State in the increased emoluments granted to the
cure The legal representative OF the majotity
proceeded to argue in favor of the validity OF
election By majority, and that Don Lonnrdl
WIS Eightfully cure Of the parish. The King 3
agent OF attorney, as representative OF the Gov
ernment, next stated their y1ew. He showed
that. though popular elections to ecclesiastlcal
offices do not now occur ~ they did long ago,
thsy had place in the practice Of the early
Christian Church aud he laid down tho prin-
cjpe that the people are entitled to exercise in
aaence in all that concerns publ,o order. Don
Louardi's election Was the work OF the majority,
legally accomplished The Romauist doctrine,
no doubt is that the cure is not only the assist
ant but the subject OF the Bishop but the State
does not admit the authority Of canon law, which
is incompatible with the rights OF the commuDi-
ty and Of pubf1c Law.
From this it is evident that the representative
OF public authority IN Italy refuses to allow any
validity 10 ecclesiastical laws and regulations
when they come into collision with the rights OF
individuals or The laws OF the State. In this
case decision in favor OF the Bishops rights
would have required that tho State should EN-
ploy its power to expel Don Lonardi and Don
Coelli from the Church Of San Giovanni, and
that WAS claimed for the minority on the ground
that the Catholic Church Was the Church Of the
Italian State. But the Kings agent maintained
that tbs recognition Of the Catholic Church Was
not inconsistent with general liberty Of worehlp,
~~d that this liberty involved the hight OF the
parishioners Of Sau Giovanni to elect their cure,
so long as in doing SO they did not violate the
rights OF others. The church building did not
belong to the Church Universal, but to the par
iah and the must the minority could demand was
permission ut certain times to worship separately
IN the parish church Since the agant gave
expression To these views, the court has de-
cded the case, and the decision, rs we have seen,
ia in harmony With his statements. Thus in
Italy-if this decision stands-the civil law in
declared supreme, aud ia exercised independent
and irrespective Of ecclesiastical Law.
THE POPE AND THE JESUtTS.
NEW POWERS UsURPED BIZ THE LATTER
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