30. Parish.—A parish has two meanings. In some States it is a minor division of public territory; but in States where there is no such division of territory, the State using instead “county” or “town,” a parish rather applies to the people belonging to a particular church, who worship at a particular place. It is in the latter sense in which a parish should be construed in church law.[52]
Parishioner.—A parishioner must be defined in harmony with the meaning of the word “parish.”[53]
31. Clergyman.—A clergyman is a man in holy orders or one who has been ordained in accordance with the rules of his church or denomination.[54]
32. Minister.—A minister is one who acts as, or performs some of the functions of, a clergyman.[55]
33. Rector or Pastor.—A rector or pastor is a clergyman who has charge of a parish.[56]
34. Religion.—Religion is still further distinguished, but not very satisfactorily defined, for the reason that etymologists have not agreed upon the derivation of the word. When the matter was brought before our courts and it became necessary to give a definition, the highest court in our country gave the following: “The term ‘religion’ has reference to one's views of his relations to his Creator, and to the obligations they impose of reverence for His being and character, and of obedience to His will. It is often confounded with cultus or form of worship of a particular sect, but it is distinguishable from the latter.”[57] One of our highest courts held that “religion,” as used in the trust provision in a will for the purchase and distribution of religious books or reading as they shall be deemed best, means “Christian.”[58] But the Supreme Court of another State held that “religion” is not equivalent to “Christian” religion, but means the religion of any class of men.[59] Judge Willis defines “religion” thus: “It is what a man honestly believes in and approves of and thinks it his duty to inculcate [pg 031] on others whether with regard to this world or the next; a belief in any system of retribution by an overruling power. It must, I think, include the principle of gratitude to an active power who can confer blessings.”[60]
Chapter III. Constitutional Law
35. Religious Tests.—The constitution of the United States provides that “no religious test shall ever be required as a qualification to any office or public trust under the United States.”[61]