125. Subordinate, Incorporated.—A religious society subordinate to church judicatures, which declares itself independent and becomes incorporated under the general law of the state and subsequently purchases land and takes title in the name of the corporation, holds such land independently of such church judicatures.[226]
126. “Church,” Seceders, Debt.—Where a religious society amended its constitution as provided therein, those who adhered to the amended constitution constituted the “church,” and those who refused to do so [pg 081] were seceders.[227] After seceding, a member of a parish is liable for a debt existing at the time of his secession.[228]
127. Bible, Constitution, Withdrawal.—A religious organization that takes the Bible as its constitution can not declare a member a seceder who interprets it contrary to the Augsburg Confession of the denomination.[229] What amounts to a voluntary withdrawal of members from a religious association, is a question of law.[230]
128. Majority, Obligation.—The fact that a majority of the members of a religious corporation secede therefrom by a vote, does not affect its obligation entered into prior thereto.[231] Two factions of a church separating and keeping up different organizations may both still retain their membership in the denomination.[232]
129. Division, Funds.—Where there is a division in a denomination by the secession of a part of the members from the mother church, the Legislature has no authority to divide the funds and give a part to the seceding division.[233]
130. Methodist, Slaveholding, Non-Slaveholding, Quarrel, Schism, Secession.—The division of the Methodist church into distinct organizations of slaveholding and non-slaveholding States, was not a secession and neither division lost its interest in the common property.[234] A quarrel in a congregation growing out of an illegal election followed by the majority excluding the minority from the church, is not a schism, and is no ground for a division of the church property.[235] The secession of a whole congregation does not carry with it the church property; and those who are left and adhere to the mother church retain control of the property.[236] When the seceders from one church join another, they forfeit all claim to any interest held by the former and lose identity with it.[237]
Chapter XI. Excommunication
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]