101 Pa. 363 | Pa. | 1882
delivered the opinion of the court, November 20th 1882.
This case has been so completely buried under a load ecclesiastical lore that at first sight it would seem to present: several points of apparent difficulty. When, however, it is examined critically, the supposed difficulties disappear, and the only real question in controversy can be disposed of by the application of a few well understood principles of law.
The case below was this: The plaintiff, Eev. Patrick M. Sheehan, is a priest connected with the catholic church, and brought an action of assumpsit against the defendant, the Rt. Rev. John Tuigg, bishop of the diocese of Pittsburgh, to recover the sum of $2400, being three years’ salary as priest, at the rate of $800 per year. The suit was not based upon actual services, for it was conceded that during the period within which compensation was claimed no services had been performed, but upon the duty to support its priests which it was alleged was a part of the law of the catholic church. The statute law of the diocese as found by the learned court below fixes the salary of a priest in charge of a parish at $800 per annum, the amount claimed by the plaintiff. The court held that he could not recover this salary under the statute but awarded him the sum of $800 for the three years under “ the common law of the church which guarantees him a decent support.”
It appears from the facts found by the court that about the close of the year 1870, the plaintiff resigned his congregation or mission at Cameron’s Bottom, Indiana county, Pa., on account of ill health. The resignation was accepted by Rev. John Hickey, who was at that time administrator of the diocese. Subsequently. Father Ilickey gave the plaintiff leave of absence until his health should be restored. He was absent until 1875,
The learned court further found that “ the plaintiff was not tried and convicted of any offence; he was not notified of any charges or complaints against him; he was not removed from. any mission, congregation or post; nor was he formally suspended from the office, functions, rights or privileges of a priest. He was simply denied an appointment to any work, and refused any support by the defendant, on the ground that plaintiff was not a priest of the diocese, or if he was, he was, unfit to have charge of a mission or congregation.”
That the defendant acted in entire good faith and from conscientious motives is not only shown by the evidence but is found by the court below. The learned judge says in the conclusion of his findings of facts : “ I take great pleasure in saying, and so find, if it be material, that there is no evidence that Bishop Tuigg, in the treatment of the plaintiff, was influenced by any personal, hostile or unkind feeling toward him. He acted from, a conscientious sense of duty. He did not regard
Under these circumstances, is the bishop liable in an action at law to the plaintiff for his salary, or an equivalent in the way of support? There are many duties in life, which, in the absence of a contract, the law will not enforce specifically, nor will it give compensation in damages for the breach thereof.Had the plaintiff sought redress within his church his rights would have been determined by the laws of the church. When, however, he seeks the aid of the civil courts he is to be treated precisely as any other citizen, and his rights determined by the same standard. Ho has brought an action of assumpsit and to sustain it he must show a contract express or implied. Has he shown such contract ? If so, when, where, and with whom was it made, and what were its precise terms? It certainly was not made with Bishop Tuigg, for the reason that when he was consecrated bishop in 1876, the plaintiff was without a congregation and had been absent for several years. Was it made with Bishop Doinenec, the predecessor of the defendant in his office of bishop of Pittsburgh? There is no such evidence and there is no such finding by the court below. All that can be and was claimed is that the church is bound by its own organic law to provide a decent support for its priests. That it is the duty of a religious denomination to provide a support for its teachers is a fact that is recoguized with a few exceptions all over Christendom. It is said, however, to be especially binding upon the Catholic Church, for the reason that its priests are debarred by its canons, and by their ordination vows, from engaging in any secular employment, and that from this vow not even the bishop can absolve them. However binding such a duty may be in foro oonsoientia% when it comes to its enforcement in a court of law the plaintiff must show a- contract With all the ingenuity and learning that have been exhibited
The plaintiff alleges that the law of his church creates a duty from which springs an implied contract on the part of the bishop to support him so long as he remained a priest of the diocese, and was not convicted of any offence, or suspended from his priestly functions. Is this position sound? The obvious test is to reverse the position and treat this as a suit by the bishop to recover damages from the plaintiff for a failure to perform his priestly functions or any duty prescribed by his ordination vows. No one will contend that such a suit could be maintained. The plaintiff can lay down his office and its duties at pleasure. For doing so he could only be visited with ecclesiastical censure and such punishment, if any, as the canons of the church prescribe. The bishop would have no remedy in the courts of law. It will thus be seen that there is no mutuality.
If we assume a contract relation between the bishop and the plaintiff it must be either that of principal and agent or hirer or hired. This involves the right of either party to end the contract. As before said the plaintiff may end it at pleasure and the bishop would have no remedy in damages. The plaintiff can have no higher right.
The duty of the church to support its priests must havsome qualification, even in foro consoientim. The right to support may depend upon the manner in which the priest performs his official duties, and the nature of his walk and conversation in life. He may in many ways render himself unfit for his holy calling and yet avoid a conviction for crime, or perhaps removal from office. The usefulness of a priest may be destroyed, and yet he may truly say I have violated no law of the land or of the church. There must .be a discretion left somewhere to decide such questions, and we see no authority competent to do so but the bishop. To throw such a question into the jury box in a common law proceeding would be as novel as it would be unsafe. The bishop exercised his discretion in this instance, and the court below set his judgment aside. Yet upon the finding of facts by the learned judge, the bishop "was fully, justified. If a priest by reason of his equivocal conduct becomes unfitted to perform his priestly functions, it is difficult to see by what rule of ecclesiastical or civil law he is entitled to a salary or support.
It would be doing a wrong to the Catholic Church and degrade
We are of opinion that there was no such contract relation between these parties as will sustain this action. This renders any further discussion of the case unnecessary.
The judgment is reversed.