CHAPTER VIII. INFERIOR AUTHORITY

*89.* _Priesthood_, _Discipline_.—The inferior authority in the Church may

be said to be in the priesthood, whose rights and duties are fixed by the

canon law, but who are still further subject to the reasonable diocesan

rules made by the bishop. The disciplinary relation of a priest to his

bishop is substantially the same as that of a captain to his colonel, and

implicit obedience in accordance with the discipline of the Church may be

strictly enforced by the bishop in so far as it relates to ecclesiastical

matters, including doctrine and discipline, in which the priest can not

resort to the courts of the State, but must submit to the tribunals of the

church.(168)

*90.* _Congregation, Insubordinate, Discipline._—The male members of a

congregation are invested with no visitorial or controling power, but only

such authority as is given under the laws of incorporation.(169) Where an

inferior organization, as a congregation, refuses to receive a clergyman

appointed by the bishop, it is an act of insubordination to the

ecclesiastical authority of the Church and in violation of its discipline,

which authorizes the issuing of a peremptory mandamus commanding them to

admit the clergyman.(170)

*91.* _Pastor, Parish, Relation._—When a clergyman’s connection with a

church had been duly dissolved, he ceased to be pastor of the church and

an arrangement with the parish to retain his relation as pastor of such

church was nugatory and void.(171)

*92.* _Clergymen, Citizens._—Clergymen residing in an incorporated town

are not exempt from the performance of any duties required of citizens,

unless such exemption is given by statute.(172)

*93.* _Doctrine and Discipline, Authority._—In all matters concerning

doctrine and discipline of the Church, the inferior authority, such as

ministers, priests, and deacons, as well as the congregation, must submit

to the decision of the higher authority, whether bishop, synod, or

council.(173)

*94.* _Sect, Suit, Property._—A number of people formed a congregation and

became incorporated in 1810, the members being mostly of Presbyterian

extraction. This independent congregation bought and paid for property,

the title vesting in the corporation. In 1811 the congregation passed

resolutions unanimously that it “would be imprudent and unscriptural” to

establish a new religious sect, and voted to join the First Reformed Dutch

Church, which had an organization of inferior and superior authority. The

congregation was received into and became a part of the general

organization, and remained so until 1860, when a majority of the

congregation voted to employ a Methodist minister, and when his name was

submitted to the superior authority, the “classis,” he was rejected as not

belonging to the church. Then by a majority vote, the congregation seceded

and assumed its first name, and thereafter brought suit for the church

property. The court held that by joining the First Reformed Dutch Church,

the title of the property vested in the congregation of that church as

represented by its corporation, and that when the majority seceded and

left the church, they had no right nor title to any of the property. And

the court laid down the general rule that a majority of a church

congregation may direct and control any church matters consistently with

the particular and general laws of the organization or denomination to

which it belongs, but not in violation of them.(174)

*95.* _Priest, Salary._—The fact that a bishop who holds the title to all

the diocesan property in his own name in trust appoints a priest to the

parish or as chaplain to a hospital, does not give the priest a right of

action against the bishop personally for his salary. The relation of

bishop and priest is not that of employer and employe, but is that of

ecclesiastical superior and inferior.(175)

*96.* _Curate, Induction, Rector._—The _jus patronatus_ of the Spanish law

has been abrogated in Louisiana. The wardens of the church can not compel

a bishop to institute a curate of their appointment, nor is he in any

sense subordinate in his clerical functions to the wardens of any church

within his diocese.(176) In the absence of a positive rule of the

ecclesiastical body, no ceremony of induction is necessary for the rector

of a parish.(177) A clergyman appointed “permanently” to a rectorship

holds it for an indefinite period during the pleasure of the contracting

parties, and either of the contracting parties may give the other notice

of termination, and with the concurrence of the higher ecclesiastical

authority of the diocese, a change may be made.(178) It is doubtful,

however, whether in most States a permanent appointment would not be

construed as a contract for life, determinable only for good cause.(179)

*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)

*102.* _Official Acts, Subscriptions._—The official acts of a minister

coming in question incidentally, unless contrary to the statute, are as

valid as the official acts of any other officer.(190) A clergyman who was

engaged to conduct dedication services and was requested by the officers

of the local corporation to solicit subscriptions for paying off the

indebtedness of the church, but was not appointed agent to receive such

subscriptions, had no authority to accept a subscription for the

corporation.(191)

*103.* _Exemptions, Clergy._—The exemptions given ministers by the

statutes of some States are liberally construed.(192) Without any

statutory exemption, the clergy are liable for all duties required of

other citizens.(193)

*104.* _Minister, Contributions, Deposed._—No religious teacher or

minister can be enjoined from receiving voluntary contributions, although

he has been deposed by some ecclesiastical tribunal.(194)

*105.* _Fees, Usages, Excess._—The fees of a priest of the Catholic Church

are regulated by the laws and usages of that Church, and where in this

country the pew rent and collections go for the support of the priest and

the current church expenses, a priest is not accountable for the excess of

such collections over these expenditures.(195)

*106.* _Salary, Fees._—Under the act of March, 1814, incorporating a

congregation, the congregation, being the legal owners and temporal

administrators of the property which it was authorized to hold, had the

exclusive power to fix the salary of the parish priest or the tariff of

fees for marriages, burial, etc. No such power could be exercised under

that act by the Pope or any bishop.(196)

*107.* _Clergyman, Salary._—Where a clergyman agreed with a congregation

that the salary should be what could be raised by subscription, the

congregation was bound to use due diligence in procuring subscriptions,

and as it did so, that was all that the clergyman could recover.(197)

*108.* _Curate, Services._—In an action by a curate against a religious

corporation for personal services, the court will not inquire into the

spiritual relations existing between the parties, but will examine their

legal rights only.(198)

*109.* _Minister, Dismissal, Money Advanced._—After a parish has voted to

dismiss the minister, it is not competent to prove irregular conduct or

immorality in answer to his claim for salary, without alleging it in the

vote of dismissal.(199) In Illinois it was held that a priest who advanced

money from his private resources for improving church property, had an

equitable lien upon the property for all the money advanced, with legal

interest.(200) But in Pennsylvania, where a priest under the direction of

the bishop built a church in his parish for mission purposes, and in doing

so expended some of his own money, it was held that in the absence of

proof of any rule or custom of the Catholic Church making the payment of

such expenses obligatory on the parish, that he could not recover the

money so expended from his congregation.(201)

The Clergyman's Hand-book of Law: The Law of Church and Grave · 第 8 / 34 章