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
*197.* _Trial, Property, Priest._—In most of the States a court will not
interfere with the fair trial of a church tribunal. Neither will the court
entertain a controversy concerning the title or right of possession of
real or personal property excepting at the instance of some person
claiming a right thereto derived from or recognized by the law of the
State or of the United States.(354) But when the bishop has deprived a
subordinate priest of his authority to officiate as such, he may enjoin
the priest from making use of the church property.(355)
*198.* _Doubt, Legal Rights._—The foregoing rule has some doubt cast on it
in Delaware and Massachusetts. The investigation of a dispute between
members of a church by a committee according to church regulations,
consented to by the parties, in which both take part, can have no effect
on their legal rights. If the State law provides for cases of the kind, it
is superior and must be submitted to. Also, an award or proceeding of a
committee is not evidence for or against either party. However, any
statement made, or admissions of the parties, if not of a recognized
confidential nature, may be given in evidence on the trial in a court of
the State.(356) The judgment of a mutual ecclesiastical council legally
convoked will not bind either party rejecting it.(357)
*199.* _Bishop, Priest, Redress._—When a bishop removes a priest in the
regular way according to the rules and discipline of his church, the
priest has no redress.(358) Also, when a priest has submitted his case to
the church tribunal according to the discipline of his church, he must
abide by its decision, excepting where his civil rights or property rights
as a citizen are involved, when he may appeal to the laws of the
land.(359)
*200.* _Trial, Counsel._—The question whether a minister on trial in a
church tribunal is entitled to be heard by counsel or attorneys depends
upon the laws of the church, and it can not be said as a matter of law
that he is entitled to counsel.(360)
*201.* _Removal, Suspension, Trial._—In the United States under the laws
and discipline of the Catholic Church a priest may be removed from the
charge of a congregation at the pleasure of the bishop, without trial; but
he can not be suspended from his priestly functions without specific
accusation and trial.(361)
*202.* _Charges, Fair Trial, Hearsay Evidence._—When a clergyman or
officer is to be removed or a member of the congregation is to be
excommunicated, it is necessary to fully state the charges against him and
give him an opportunity for a fair trial according to the laws and rules
of the religious society before rendering final judgment. All the
allegations of the complaint should be made upon positive knowledge of the
complainant or upon evidence that is admissible to prove the case in
court. Rumor or gossip, known as mere hearsay evidence, is not sufficient
to base a charge against the character of any one.(362)
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