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
*97.* _Controversy, Tribunal, Decision._—When the clergyman and his
parishioners submit a controversy to an ecclesiastical tribunal, the
decision, if not impeached for good cause, is justification in the party
conforming to it.(180) And a minister who submits to a church tribunal and
is ousted after fair hearing and trial, can not obtain a writ of mandamus
from the civil court to compel his reinstatement.(181) Also, after a
minister has been dismissed in due manner by the tribunal of his
denomination, the civil court will enjoin him from usurping his
office.(182)
*98.* _Priest, Dwelling, Servant._—A Catholic priest in charge of a
congregation at the will of the bishop and occupying a dwelling-house
belonging to the church, is a servant and not a tenant, and his right to
occupancy ceases with his services.(183) The law is different with regard
to a Methodist minister who is in charge of his parish by an annual
conference and can not be ejected by the congregation or bishop until the
next conference, as he has possession of the church property without
superior authority.(184)
*99.* _Injunction, Bishop, Priest, Trial._—On application for an
injunction to restrain the bishop from passing a sentence against a
priest, the only ground on which a court can exercise jurisdiction is that
the threatened action of the bishop will affect the civil rights of the
priest.(185) A bishop can not remove a priest without an accusation,
hearing, or trial, and forbid him to exercise any priestly function where
such removal would cut off the priest’s income and destroy his means of
living in his vocation.(186) However, in the same case it was held that a
complaint stating that the bishop failed and neglected to assign the
plaintiff to the exercise of his office of priest in said diocese to the
plaintiff’s damage, etc., failed to show that any right of property or
civil right was involved and the priest was non-suited, while in the
former case an injunction was issued against the bishop.(187)
*100.* _Confession, Privacy, Authority._—A Catholic priest, although about
to administer an office of his religion to a sick person at the latter’s
request, has no legal authority, by virtue of his priestly character, to
forcibly remove from the room a person lawfully there.(188)
*101.* _Debts, Permission, Presumed._—Notwithstanding a rule or
ecclesiastical law of the church that a pastor shall not contract debts in
the name or for the sake of the church without the written permission of
the bishop, such written permission is not evidence that debts contracted
under it are the legal debts of the bishop. The authority which bishops
delegate to priests is under the ecclesiastical law and prima facie
ecclesiastical authority, and must be presumed to be so in the absence of
all evidence to the contrary.(189)
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