112 Ky. 512 | Ky. Ct. App. | 1902
Opinion of the court by
Affirming.
In 1824- a Primitive Baptist Church called “Bethel Church” was organized in Graves county, and there'seems to have been no trouble in the church until the events which led to the present litigation. In February, 1845, the church resolved to move, and build a meeting house upon land to be donated by L. B. Stark. 'The deed for the land recites that Stark, for the great love he has for the Baptist cause, conveys the land in question by warranty deed to three persons named as commissioners of the Bethel church, and their successors, holding. forth the apostolic doctrine, to wit, personal election, predestination, baptism by immersion, etc.,- to have and to hold so long as they shall see cause to occupy the aforesaid lot as a church; and, if they remoyp, the land therein conveyed to revert to his heirs. Upon the organization an abstract of principles, rules of decorum, and a church covenant were adopted, and seem to have remained unchanged. The Bethel Church was originally a member of the Bethel Association. In October, 1891, sis churches belonging to'that association were granted letters of dismission, as they wished to organize a new association. A new organization was organized, called the “Philesic Association.” Bethel Church remained in the Bethel Association. The churches forming the Philesic Association had substantially the .same abstract of principles and rules of decorum as those in-use in Bethel Church. In October, 1894, at a meeting
An immense mass of testimony was taken upon the various doctrinal points, in which it was claimed there had been a departure upon the part of the majority from the true principles of the Primitive Baptist Church; 'especially the doctrine upon the subject of predestination. The majority, 'or Kirkland faction, believe and teach limited predestination; while the minority, or Boaz faction, hold steadfastly to absolute predestination. As' stated in the brief of counsel for the minority^ the distinction is this: “Absolute predestination means that ‘God foreknew and predestined all things whatsover that may come to pass, whether with reference to the material universe or the salvation of souls,’ — that is, God predestinated all things which happen. He foreknew and predestinated that President McKinley should be assassinated in
After the acts of exclusion upon each side, it is claimed that the Bethel Association declined to hold correspondence with Bethel Church as managed by the majority, but recognized the church organized by the minority as the Bethel Church. On the other hand, it appears from the overwhelming testimony upon both sides that each Primitive Baptist Church is complete in itself; has power to choose its own ministers, and adopt its own rules and regulations; that it is in fact a little republic, and from the judgment of the majority, there is no appeal. This
Our only judicial power in the case arises from the conflicting claims of the parties to the church property and the use of it, and these we must decide as we do all other civil controversies brought to this tribunal for ultimate decision. We can not decide who ought to be members of the church, nor whether the excommunicated have been justly or unjustly, regularly or irregularly, cut off from the body of the church. We must take the fact of expulsion as conclusive proof that the persons expelled are not now members of the repudiating church; for, whether right or wrong, the act of excommunication must, as to the fact of membership, be law to this court. For every judicial purpose in this case, therefore, we must consider, the persons who were expelled by a vote of the church as no longer members of that church, or entitled to any rights or privileges incidental to or resulting from membership therein. As the conveyance from Crittenden was to the use of the Baptist Church as an organized body of professing Christians in Frankfort, every member of that church has a beneficial interest in the property thus conveyed sc long as he or she shall continue to be a member, but no
For the reasons given, the judgment is affirmed.