§ I. Whether and of what temporal things the Church can have dominion, and in what way this is recognized by our law

619. • I. The Church can legitimately acquire and possess temporal things. This proposition is of faith, as is evidently clear from the condemnation of propositions 10, 32, and 33 of Wycliffe. Cf. Syll. pp. 26. p. XLII.

II. The Church can acquire and possess not only movables, but also immovables, and indeed by divine right, both natural and positive, and independently of secular power.

III. Therefore it belongs not to secular power, but to the Church, to judge how far the right of acquiring and holding temporal goods ought to extend; and civil laws commonly called laws of amortization, excluding a special privilege conceded by the Church, are iniquitous and injurious to the Church. - But by laws of amortization are understood those civil laws by which provision is made lest the Church acquire temporal goods, especially immovables, without the consent of secular power, or at least beyond a certain quantity, lest, as they say, she become rich beyond measure.

IV. Therefore the Republic does not even have eminent dominion (n. 590) in the goods of the Church, and therefore, if it needs the goods of the Church, it is necessary that it obtain her consent.

V. Therefore the immunity of ecclesiastical goods from taxes, at least within certain limits, is also to be asserted by divine right, both natural and positive; for if this immunity were entirely denied, it would also have to be denied that the right of the Church concerning temporal goods is independent of civil power.

See these propositions more fully developed and proved, if you please, apud Craisson, Elem. Jur. Can.,¹ Devoti, Inst. Jur. Can.,² or Kenrick.³

620. • In what way dominion of the Church is recognized by our law. The Fathers of the Second Plenary Council of Baltimore wisely observe: "Since in these Federated States it is intact for all citizens and inhabitants to conduct themselves freely and without punishment according to the precepts of their religion, and the civil laws recognize and proclaim this; nothing at all would seem to stand in the way of our accurately observing those laws of the Church which have been passed up to this time by Councils and Pontiffs for rightly acquiring Ecclesiastical Goods and preserving them whole and untouched." Yet they no less wisely note that these laws are not yet recognized in certain States.⁴

And indeed, in truth, the Church among us 1° is subject to a law of amortization, at least in this sense, that, unless they are handed over in property (in fee simple) to a Bishop or another, generally she can acquire and have only a determined species or quantity of immovables. 2° She is generally subject to the eminent dominion of the Republic. 3° The immunity of ecclesiastical goods is circumscribed by narrow limits; for only churches and places adjacent to them, and colleges (corporations), are accustomed to be exempted from taxes, and these not everywhere. 4° Not everywhere can she acquire and hold goods in her own name.