The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*84.* _Local, Secular Matters._—There is still another division of
superior and inferior authority: the local corporation or congregation has
nothing whatever to do with the doctrinal or disciplinary functions of the
Church; but has only such powers and authority with regard to secular
matters as is provided by the laws of the State or conferred by the
articles of organization, charter, and by-laws. Also, unless there is some
other rule to the contrary, only the male members who are over twenty-one
years of age, have a voice and vote in such corporation.(156)
*85.* _Unincorporated, Authority._—When a church is not incorporated, all
its elections and proceedings, so far as they are not contrary to the laws
of the State, must be in accordance with the rules and regulations of the
Church; and the rule that the inferior authority must give way to the
superior authority in all matters within the limitations of the
constitution and laws of the organization, prevails.(157) However, courts
are not always clear on the last part of this rule.(158)
*86.* _Tribunal, Action, Appeal._—When any question arises and is being
adjudicated in the tribunal of the church organization, either as an
original action or on appeal, the State court will not interfere so long
as the proceedings are in accordance with the rules and regulations of the
church, unless some vested right to property is in question or some one’s
right as a citizen of the State or of the United States is being
infringed.(159)
*87.* _Spiritual Authority, Excommunication._—Neither the Pope nor the
bishop has any but spiritual authority within the State.(160) The law of
this country considers excommunication as expelling from membership; but
does not tolerate interference with civil or property rights of citizens.
Therefore, major excommunication _non tolerati_, is unlawful in the United
States.(161) However, a bishop is not liable for any expression of his
opinion as to the extent of his episcopal authority nor for any act of
omission in the exercise of his spiritual functions.(162) The civil courts
will not go behind a church authority to inquire as to excommunication,
but may examine as to the competency of the tribunal according to the laws
of the denomination.(163)
*88.* _Constitution, Limited, Decisions._—A written constitution is not
necessary to prove the connection between a subordinate and superior
ecclesiastical body; but it will be inferred from the circumstances of the
case.(164) The superior may dissolve or reorganize an inferior body as a
congregation.(165) In fact the superior authority, in religious matters,
is plenary, excepting as limited by the laws of the State and the
constitution of the Church.(166) The decisions of the ecclesiastical
tribunals in all cases on doctrine, order, and discipline, are conclusive
in the state courts.(167)
CHAPTER VIII. INFERIOR AUTHORITY
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account