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
*131.* _Definitions, Minor._—Excommunication, as construed in law, is the
official announcement by the superior authority of the termination of
membership in a religious body and the forfeiture of spiritual privileges
of the church. It is one of the methods of discipline in the nature of
expulsion from membership in a fraternity, and the fact of expulsion from
a church is conclusive proof that the person expelled is not a member of
such church. Whether the excommunication was wrong or not can not be
examined into in the courts of the State, and such expelled member can not
maintain a suit in relation to church property nor vote for trustees.(238)
*132.* _Major Excommunication._—As excommunication _non tolerati_ affects
the rights of citizenship, it is not lawful in England nor the United
States. To say that A. has been excommunicated in any form, if untrue, is
slander.(239)
*133.* _Vote, Sentence._—When a vote of excommunication from a church has
been passed in the Congregational church and the offender thereby declared
no longer a member, the sentence may be promulgated by being read in the
presence of the congregation by the pastor.(240)
*134.* _Trustees, Disqualified._—The trustees of a church who have been
excommunicated are not thereby disqualified in law to act as
trustees.(241)
*135.* _Devise, Void._—A parent may leave money to a child payable in
yearly instalments on condition that said child shall continue to be a
member of a particular church and attend the regular meetings thereof, and
in case he fail so to do that the bequest be thereupon paid to a
missionary society. Such a devise is not contrary to the constitution of
the State of Wisconsin and is not void for any other reason.(242)
*136.* _Fraternity, Excommunicated, Bequest._—Where a church member was
also a member of an insurance fraternity connected with his church, the
constitution of which required that every member of the fraternity should
be and remain a practical Roman Catholic, when he was excommunicated from
membership in the church he thereby forfeited his benefit certificate in
such fraternity.(243) Also, a condition that a bequest shall be forfeited
if the legatee should not marry a Protestant wife, the daughter of
Protestant parents who have always been Protestants, was held to be valid
and not an infringement of any constitutional right.(244)
*137.* _Action, Expulsion._—An action can not be maintained against the
parish corporation for expulsion from the church.(245)
*138.* _Forfeiture of Membership_.—Any member may forfeit his membership
in a church.(246)
*139.* _Insubordination, Expulsion, Hearing._—The authorities in the
church, under its rules and discipline, have a right to exclude members in
the church, for insubordination.(247) If the church has no rules as to
expulsion of members, the common law prevails, and a member can not be
expelled without due notice and fair hearing.(248)
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