The Clergyman's Hand-book of Law: The Law of Church and Grave

by Charles Martin Scanlan

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 [pg 067] 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 [pg 068] 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 [pg 069] 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 [pg 070] 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]