2.
Christianity has been judicially declared to be a part of the common
law of Pennsylvania; 11 Serg. & Rawle, 394; 5 Binn. R.555; of New
York, 8 Johns. R. 291; of Connecticut, 2 Swift's System, 321; of
Massachusetts, Dane's Ab. vol. 7, c. 219, a. 2, 19. To write or speak
contemptuously and maliciously against it, is an indictable offence.
Vide Cooper on the Law of Libel, 59 and 114, et seq.; and generally, 1
Russ. on Cr. 217; 1 Hawk, c. 5; 1 Vent. 293; 3 Keb. 607; 1 Barn. &
Cress. 26. S. C. 8 Eng. Com. Law R. 14; Barnard. 162; Fitzgib. 66;
Roscoe, Cr. Ev. 524; 2 Str. 834; 3 Barn. & Ald. 161; S. C. 5 Eng.
Com. Law R. 249 Jeff. Rep. Appx. See 1 Cro. Jac. 421 Vent. 293; 3 Keb.
607; Cooke on Def. 74; 2 How. S. C. 11-ep. 127, 197 to 201.
CHURCH.
In a moral or spiritual sense this word signifies a society of persons
who profess the Christian religion; and in a physical or material sense,
the place where such. persons assemble. The term church is nomen
collectivum; it comprehends the chancel, aisles, and body of the churcb.
Ham. N. P. 204.
2.
By the English law, the terms church or chapel, and church-yard, are
expressly recognized as in themselves correct and technical descriptions
of the building and place, even in criminal proceedings. 8 B. & C.
*25; 1 Salk. 256; 11 Co. 25 b; 2 Esp. 5, 28.
3.
It is not within the plan of this work to give an account of the
different local regulations in the United States respecting churches.
References are here given to enable the inquirer to ascertain what they
are, where such regulations are known to exist. 2 Mass. 500; 3 Mass.
166; 8 Mass. 96; 9 Mass. 277; Id. 254; 10 Mass. 323; 15 Mass. 296 16
Mass. 488; 6 Mass. 401; 10 Pick. 172 4 Day, C. 361; 1 Root 3, 440;
Kirby, 45; 2 Caines' Cas. 336; 10 John. 217; 6 John. 85; 7 John. 112; 8
John. 464; 9 John. 147; 4 Desaus. 578; 5 Serg. & Rawle, 510; 11
Serg. & Rawle, 35; Metc. & Perk. Dig. h. t.; 4 Whart. 531.
CHURCH-WARDEN. An officer whose duties are, as the name implies, to take care of, or guard the church.
2.
These officers are created in some ecclesiastical corporations by the
charter, and their rights and duties are definitely explained.In
England, it is said, their principal duties are to take care of, 1. the
church or building; 2. the utensils and furniture; 3. the church-yard;
4. - matters of good order concerning the church and church-yard; 5. the
endowments of the church. Bac. Ab. h. t. By the common law, the
capacity of church-wardens to hold property for the church, is limited
to personal property. 9 Cranch, 43.
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