65 Neb. 831 | Neb. | 1902
Thomas Bonacum, as bishop of the Roman Catholic Church for the diocese of Lincoln, brought this suit against Lewis J. Harrington to obtain an injunction restraining the latter from exercising the powers or faculties of parish priest in the parish of Orleans in said diocese, in contravention of the action of plaintiff, as such bishop and as the governing authority of the church in said diocese, withdrawing his faculties and depriving him of his authority as such parish priest, and from acting or assuming to act in that capacity, exercising the functions of which he had been deprived, or excluding the regularly appointed priest of said parish from the church property therein, or interfering with him in the exercise of his office. A decree was rendered dismissing the suit, from which the bishop appeals.
The controversy involves the interpretation and application of several paragraphs of- the decrees of the third plenary council of Baltimore, shown by the evidence to be an authoritative statement of the rules, customs, canons and discipline of the Catholic church in this country. It appears in evidence that the church distinguishes between priests who belong to and are incorporated in a diocese, and those who are proper to some other diocese, but are in process of acquiring a new situs. With respect to the latter, a further distinction is made between secular
In the case of regular clergy who have taken vows, it is provided that the bishop shall not admit them, even to the preliminary probation in the first instance, unless they have already become secular priests before they come to him; but on their producing letters of secularization and after making secret investigation as to the character and qualifications of the priest, he may transmit the result of his investigation to the authorities at Rome, who may finally complete the secularization, whereupon the ordinary process of incorporation will ensue. A written agreement between the bishop and Father Harrington is in evidence, in which it is set forth that the latter is received as a “guest” of the diocese, and' that in case the bishop determines to receive him on probation the period thereof shall be five years. It is also agreed that the bishop, for reasons of which he shall be the sole judge, may at any time prior to the expiration of the period of probation refuse to incorporate the defendant, and dismiss him. The bishop contends that under the customs and law of the church in this country there is a recognized practice of receiving priests from other dioceses as guests, without taking them on probation, and without their acquiring any rights to be incorporated until so taken; and he insists that Father • Harrington was received in this capacity only, and that he at no time permitted’ the latter
The laws and decrees of the church in evidence presuppose a considerable knowledge of the canon law, and their interpretation by a court, Avhich has no knowledge and can not take judical notice of that system, must necessarily be very unsatisfactory, in the absence of more compíete and explicit expert evidence than is before us in this case. The books in evidence, and the witnesses who testified with regard to thenq take many things for granted, of Avhich the court is ignorant, and Ave should feel greatly embarrassed were it necessary for us to attempt to con
For the purpose of the rule announced in Pounder v. Ashe, we think it can make no difference whether the governing authority of a religious denomination is conifided to one man or to a synod or conference, nor whether the mode of procedure permitted to such person is in accord with the ordinary course of investigations or trials ¡among laymen. Each religious organization must deter*tmine its own polity, and be the judge of its own laws. While Anglo-Saxon notions of fair play may lead us to look with disfavor upon secret investigations and summary determinations by one person, we must not forget that contentious methods of investigation are largely English, and that the Roman system, from which the Roman church has derived its procedure, has always been
In conformity with the rules established by this court in Pouncler v. Ashe, we recommend that the decree of the district court be reversed and the cause remanded with directions to enter a decree enjoining and restraining the defendant, Harrington, from exercising the powers or faculties of parish priest in or upon the property of said parish of Orleans in contravention of the orders of the bishop, and from exercising therein the functions of which he has been deprived by the bishop, or excluding such person as the bishop shall appoint regularly as priest of said parish from the church property in the petition described, or interfering with him in the exercise of his office. Further than that we do not think an injunction ought to run. Any contests over possession under claim of title, as distinguished from the administration of the church property in accordance with its discipline, laws and canons, must be decided in proper proceedings at law.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is reversed and the cause is remanded with directions to enter a judgment enjoining and restraining the defendant, Harrington, from exercising the powers or faculties of parish priest in or upon the property of said parish of Orleans, in contravention of the orders of the bishop, exercising therein the functions of which he has been deprived by the bishop, or excluding such person as the bishop shall appoint regularly as priest of said parish from the church property in the petition described, or interfering with him in the exercise of his office.
Reversed and remanded.
Note. — Ci/oil Courts. — Ecclesiastical Cases. — Clmrch Authorities. — The only ground upon which civil courts interfere in ecclesiastical cases
The jurisdiction of ecclesiastical tribunals being conclusive as to ecclesiastical offenses, as well as upon doubtful and technical questions involving a criticism of the canons of a church, the civil courts will not revise the decision of such tribunals for the purpose of ascertaining or defining this jurisdiction, nor will they revise or question their construction and interpretation of the canons of the church. Chase v. Cheney, 58 Ill., 509.
The foregoing authorities are cited by High, Injunctions [3d ed.], sees. 309 and 310. There is an apparent contradiction between the sections. The first would seem to say that a civil court may inquire into the jurisdiction of the ecclesiastical tribunal under the law of the church, and there is a dietnm to that effect in Walker v. Wainwright, supra; but this is clearly not the law, and is not so held to be in either of the cases cited by High. If it is a question of canon law, and the church tribunal even claims jurisdiction, it is a question to be determined imtra ecclesiam, and not in a civil court. — W. F. B.
This note was prepared by the editor at the suggestion of the author of the opinion.