Spiritual Authority
Spiritual Authority, Excommunication
From the book The Clergyman’s Hand-book of Law, about Spiritual Authority, Excommunication (1): Neither the Pope nor the bishop has any but spiritual authority within the State.160 The law of this country considers excommunication as expelling from membership; but does not tolerate interference with civil or property rights of citizens. Therefore, major excommunication non tolerati, is unlawful in the United States.161 However, a bishop is not liable for any expression of his opinion as to the extent of his episcopal authority nor for any act of omission in the exercise of his spiritual functions.162 The civil courts will not go behind a church authority to inquire as to excommunication, but may examine as to the competency of the tribunal according to the laws of the denomination.163
Resources
Notes and References
- Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
- Religion
- Church
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