17 Iowa 203 | Iowa | 1864
The real question in controversy is one of fact, and that is, which of the two parties, plaintiffs or defendants, are the trustees of the Congregation of Pleasant Divide as subordinate to the Associate Presbytery of Iowa, subordinate to the Associate Synod of North America. It is clear that the parties thus in subordination to the presbytery and synod, are entitled to the property; for it is to them, and to their use that the property is conveyed.
First: The subject of union between the Associate and Associate Reformed churches had been agitated, contemplated and discussed by the members, sessions, presbyteries and synods of the respective churches, for a period of more than fifteen years; the subject having engaged no small share of the attention of associate synods since 1841, when a committee on the subject was first appointed by the synod. In 1856, by the action of the Associate Synod, the basis of union was sent down in overture to the presbyteries and sessions to report thereon, at the next meeting of the synod. In 1857, the Presbytery of Iowa, through which the sessions, within its jurisdiction, made their returns or reports to the synod, reported unanimously in favor of the adoption of the basis of union, without proposing any amendment. Prom these and other facts, we conclude that the congregation of Pleasant Divide had ample time and opportunity to consider of the question of forming the union, and that with full knowledge of the question, the session of that congregation, as the regularly constituted representative of it, agreed to the union in advance of its consummation. This conclusion is fortified by the fact that, during the whole controversy, it has been nowhere
Second: The Presbytery of Iowa, in subordination to which tbe congregation of Pleasant Divide was to continue, as a condition upon which it could retain tbe title to the property, by a unanimous vote declared in favor of tbe union upon tbe basis proposed.
Third: Tbe Associate Synod of North America, in like subordination to which the congregation was to continue, in order to retain tbe property, by a vote of 101 to 13, declared in favor of tbe union, and adopted tbe basis, the declaration, argument and illustration. A like unanimity of so large a deliberative body, assembled from all portions of tbe Union, has seldom, if ever, been before witnessed.
Fourth: The synod bad tbe power, according to tbe constitution and form of government of tbe Associate church, to form tbe union. Tbe rightful power to form tbe union was not questioned, so far as appears, by any person, either in tbe sessions, presbyteries or synods, during tbe fifteen years tbe subject was under discussion. Nor
Fifth. The conveyance is to the congregation of Pleasant Divide as subordinate to the Associate Presbytery, &c.; it is not to that congregation so long as it shall entertain, or continue subordinate to, the faith and doctrine then entertained by the Associate Church. It is to the congregation as subor- ' dinate to that church, and, therefore, if that church, through its properly constituted judicatories, change its creed, as it is claimed by the defendants was done by the union, such change does not sever or absolve from the subordination in which the congregation was to continue. Churches, like .individuals, would be unfaithful alike to themselves, to posterity and to Cod, if they failed in progress and improvement. To change their creed would not, of itself, necessarily be either progression or improvement; but progress and improvement, or, what the Christian terms, attainments, are often evidenced by a corresponding change of creed. Whether there was a change of creed, of faith and doctrine, at the time of the union, and as a means thereto, it is not necessary for us to decide; for whether there was or not, cannot affect the rights of the parties in this case. It is probable there was a change of creed upon some one or more points, upon which these two churches had been at variance; and this very change whereby a union was •obtained between these two churches, which entertained the same views in relation to the essentials of Christianity, as well as to the form of church government, is at least some evidence of progress and improvement; for thereby they are brought to a common brotherhood, and a joint * effort against the foe of mankind; and the time and talent before devoted to their divisions, may be now devoted to the service of their common Master.
The church had its origin in the secession of Erskine and others, in 1738, when they adopted their first act and testimony declaring their adherence to the old standards, and bearing testimony against the errors of the church of Scotland. In 1737, they adopted a new one. In 1741, they adopted a testimony against a general fhst kept by the church of Scotland, because it had been appointed by the civil authority. In 1742, they bore testimony against the great revival in which Whitfield participated, as a delusion of Satan, and appointed a solemn fast on account of it. In 1744, they declared the act of renewing covenants to be a term of communion, and very soon thereafter discontinued it. In 1746, they divided on the subject of taking the bur-gess oath. In 1753, they adopted a new narrative act and testimony. In 1766, they approved of their missionaries in America joining the anti-burgher presbytery there. In 1782, they approved of joining in the union that constituted the Associate Reformed Church in America; and other changes were adopted in 1784, 1788, 1805, 1811, &c. And besides these, there have been various unions formed with other churches, all showing abundantly that the Associate Church is one of change and of progress.
Sixth: At the time the union was formed, and as a part of the general arrangement, it was “Resolved, that the different boards and institutions of the respective churches shall not be affected by this union, but shall have control of their funds and retain all their corporate or other rights and privileges until the interest of the church shall require a change.” And each of the synods retained and continued their separate organizations, and met annually thereafter, upon their own adjournments, as they had done during their existence, and prior to the union. The business transacted at these subsequent meetings pertained only to those
Seventh: We find the members of the Associate Presbytery of Iowa, and of the Synod of North America, under the same form of church government, and entertaining the same faith and doctrine, with the congregation of Pleasant Divide, as represented by the plaintiffs in subordination thereto; and although the membership of that presbytery and synod may be enlarged and the name changed, yet the identity of the church and subordination of the congregation continue, and these entitle the plaintiffs to a decree for the property.
A j udgment accordingly will be entered in this court, and the judgment of the District Court
Reversed.