CHAPTER XVI. CHURCH TRIBUNALS

*196.* _Jurisdiction, Privileges._—It is usual for every fraternity to

have a tribunal of its own for the trial of members who break its laws or

violate its discipline. Within their jurisdiction, the laws of the State

give such tribunals great privileges and courts show them great respect.

The Freemasons, the Knights of Columbus, etc., and most of the churches,

have such courts.(353)

*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)

*203.* _Trial, Testimony, Slander._—A church judgment, where there has

been a full and fair trial or when members submit to the church tribunal,

and the judgment has only been rebuke, censure, suspension, or

excommunication, is usually upheld by the courts; and when the testimony

given on such trial is concerning immoral or scandalous conduct or crime,

if those taking part act in good faith and within the scope of the

authority of the church, they are protected by law and not liable to an

action for damages for libel or slander.(363)

*204.* _Remedies, Secular Courts._—In cases involving church doctrine and

discipline only, all remedies within the church must be exhausted by a

member before the secular courts will interfere, if they will interfere at

all.(364)

*205.* _Notice, Waiver._—When the laws of the church provide the tribunal

and procedure, if the person proceeded against avoids the service of the

notice or refuses to submit to the court, the notice of trial required to

be served might thereby be considered waived and the tribunal might

proceed with the trial in the absence of the accused.(365)

*206.* _Appeal, Decision, Limitation._—The right to appeal from one court

to another of higher jurisdiction is generally recognized.(366) If after

trial in the lower tribunal of the Church, an appeal is taken, the

decision on the appeal is binding upon the parties and also upon the

inferior tribunal.(367) In the Anglican and some other churches, there is

no limitation as to time when offenses against the discipline of the

church may be inquired into.(368)

The Catholic Church has a limitation as to prescriptive rights, to-wit:

“Three years in case of movable property; ten years in case of a right, or

of immovable property, _inter praesentes_; twenty years in the same case,

_inter absentes_.”(369) Also, there are limitations in canonical cases,

varying from one to twenty years.(370) There is no statute of limitation

on lawful debts.

*207.* _Procedure, Judge, Juror, Witness._—If there are no rules of

procedure prescribed by the church tribunal, the proper practice is to

follow the State courts; as, for example, where the State law forbids an

officer of the court who has an interest in the proceeding to sit as judge

or juror, the same would apply to the church tribunal, it being the common

law of the land. Also, in States where a person who is interested in a

matter is not a competent witness, in the absence of a different rule in

the church, the same rule would apply in the church tribunal.(371)

*208.* _Catholic Discipline._—A church member has no right to sue any one

in holy orders in the civil court without leave. That is, a layman or

priest should obtain leave of the bishop to sue a priest. In some

countries it is ground for excommunication to violate the rule. This rule

is analogous to the general rule that a sovereign state can not be sued

without its consent.(372) In this country, where there is no

ecclesiastical court recognized in law, leave is rarely asked.(373)

The Clergyman's Hand-book of Law: The Law of Church and Grave · 第 16 / 34 章