83 Iowa 138 | Iowa | 1891
uFirst. For disregard of authority, refusing to ■submit to the requirements of the church; setting aside the authority and majority of the church in -its actions and rulings. Second. For contention and strife; •causing division; being leaders of evil; destroying the peace of the church; attempting to divide the church. Third. For false witness; testifying to things known to the church to be entirely false, against Bro. O. L. Custar and other members of the church in good .standing.”
There was no trial upon the charges, but the church proceedings show as follows: “The charges are of .such a nature as to require immediate action, and motion to exclude the parties named from the fellowship of the church carried.” The record from this forward recognizes two “factions” in the church, — one designated as the “Whitmore Faction,” and the other as .the “Israel Faction;” and they are so generally spoken of in the record and arguments, the Whitmore faction being largely in the majority. On the sixth of •June, 1888, the Israel faction, about fifteen in number, .assembled at the house of Mr. Israel, and, because of the difficulties existing in the church, caused by the
“The statement of reasons for calling the council was read by the minority, of which the following is a synopsis:
“ ‘First. That two brothers, William and Aura Smith, being professedly ministers of the gospel, came into our midst early in 1885, preaching the doctrine of' entire sanctification and sinless perfection, inviting all professing Christians to seek this experience, and ridiculing Christians who failed to accept this invitation, and finally urging those who did accept this invitation to attend holiness prayer-meetings. That Bro. O. L. Custar, a former pastor of this church, and several' members of this church followed after these Smith brothers, and accepted the aforesaid doctrine. Second.. That Brother Custar taught this doctrine from the pulpit of this church. That a holiness prayer-meeting was organized in the spring of 1885, and carried on till*142 May, 1888. That members of this church professed ■entire sanctification, neglecting the regular meetings of this church for holiness meetings. That this doctrine became a means of disturbance and alienation of feeling among the members. Third. That the teaching and acceptance of this false doctrine has been a cause •of the difference of opinion and of the action of a minority in organizing the new body, and claiming to be the real Bonaparte Baptist Church.
“ ‘[Signed] J. D. Isbael,
“‘And others.7
‘ ‘ Reasons for calling a council were read on behalf •of the majority party, of which the following is a copy:
“ ‘ The Bonaparte Baptist Church organized the ■council to examine its faith and practice; its faith with reference to the doctrine of sanctification; its practice or discipline with regard to the exclusion of certain members of the church, who have since formed another ■organization, and claim to be the original and true Bonaparte Baptist Church. We want to know if we have so far departed from the church once delivered to the saints that we can no longer be recognized ás a regular Missionary Baptist church, We desire to know wherein we have wronged those whom we have excluded, that we may confess the same, and do all in our power to repair the broken house of our beloved Zion.
“ ‘[Signed] H. A. Whitmobe,
“ ‘ O. L. Custab,
“ ‘Committee.777
J. D. Israel and H. A. Whitmore, as “leaders,77 and on behalf of their respective factions, signed the following:
“For the sake of peace and harmony, and for the •glory of our common Lord, it is hereby agreed that the findings and recommendations of this council shall be ■accepted as final, and in the fear of and by the help of*143 •God, we will carry them out in spirit, as well as in .letter.
“[Signed] J. D. Israel,
“H. A. Whitmore.”
Each party selected a person to conduct the examinations in its behalf, and the record states that the ■examination was “thorough, satisfactory and conducted in good spirit.” Bevs. Cole and Custar were appointed to receive the decision of the council, “on behalf of their parties, respectively,” and afterwards the council unanimously returned the following findings :
“ First. We find that the doctrine of entire sanctification, taught by the Smith brothers, Miss Bornaek, •and confessedly, also, by Bro. C. L. Custar, in the •church, is not in harmony with the teachings of the Baptist denomination, which deny instantaneous sanctification, the so-called second blessing, and sinless perfection. We hold to a true spirituality in our churches; to a high standard of Christian living; to progressive attainment and growth in grace. On the other hand, we hold that the doctrine of entire sanctification is subversive of the very end sought; destructive of the peace of our churches, in some instances destroying the churches themselves; and should be ..avoided as a deadly error. We are rejoiced at the noble stand taken by Bro. C. L. Custar in confessing his error in' respect to this doctrine, and we trust that juster views of scripture teaching, on this point, may prevail in this church and community.
“ Second. The council recommend that the teaching of the above erroneous doctrine of second experience, or entire sanctification, be taught in this church no more, forever; and that the teaching of it in this church, or permitting it to be taught in the church, is .a just cause for church discipline.
“ Third. We find that the exclusion of the three*144 members of the choir was justifiable and regular, and1 we recommend to the young- ladies that they make suitable acknowledgment to the church.
“FowtJu We find that the exclusion of J. D.. Israel, L. H. Mills, James Murphy, Mrs. C. 0.. Troutman and Mrs. J. W. Cox was hasty and unjustifiable. We recommend that the action of the church in excluding them be at once rescinded.”
At a regular meeting of the church, August 19,. 1888 (both factions, as we understand), the decision of' the council was, on motion, accepted; and the action of the church in expelling J. D. Israel and others, on the fourth of February, was rescinded. At a meeting of the church, on the tenth of September, 1888, the church annulled its action of August 19; and again,, on the third of November, it took action on the findings of the council separately, and rejected numbers 1 and 2, being those with reference to the doctrine of sanctification. The petition recites the substance of the foregoing, and contains averments that the defendants, and those associated with them, have departed from the faith and practice of the Baptist church, and are using the church building and records for the benefit and promotion of doctrines and a faith contrary to and in violation of the faith, covenants and practice of the Baptist denomination, to maintain which the said church was organized and the buildings erected. The relief sought is, that the defendants be restrained from interfering with the plaintiff in the free use of the church buildings and property for their legitimate use as a place of worship, and teaching the doctrines of the denomination, The answer puts in issue the allegations of the petition, that the defendants have departed from the faith and practice of the Baptist church, and are using the church property, or records, for a purpose in violation of the teachings and doctrines of the denomination, and deny that the plaintiffs
The council found the doctrine of “entire sanctification,” as taught by Smith brothers, was “not in harmony with the teachings' of the Baptist denomination,” but “subversive to the very end sought,” and “destructive of the peace” óf the churches. The correctness of this doctrine as a rule of faith and observance in the Baptist church was in dispute between the factions. It was not, as indicated by appellees’ argument, a question of the truth or falsity of the doctrine on scriptural authority, but it was in accord with, or subversive of, the covenants and practice of the Baptist church, with the limitations imposed by its articles of association? This was a purely theological question, and a council of theologians from that church was a proper tribunal to determine such a question, and was so recognized and agreed upon by the parties. It is, however, contended by the appellees that they are not bound by this finding of the council, and we notice their reasons, or at least some of them. Much stress is laid upon the fact that each Baptist society is an independent body, with no higher ecclesiastical authority for its control; that its form of government is congregational where a majority govern; and that it is within itself'“a little republic.” It should be borne in mind that it is the distinctive character of the Baptist cJmrch government that is relied upon to make it an exception, and free it from the generally expressed rule of law, by which a minority of an association may claim its property against a majority seeking to divert it from its legitimate use. A quotation from appellees’ argument will indicate clearly the objection to be met. It is said: “Yes, we repeat again if this church or any other Baptist church desires to change its Articles of faith’ or belief, it may do so, if a majority of its members
Let it be understood at the outset that we are not adjudicating the right of any person to a religious belief or practice, nor are we to determine the truth or falsity of the doctrine of “sanctification,” or “sinless perfection.” Upon authority so general as to be beyond question it is held, that property given or set apart to a church or religious association, for its use in "the enjoyment and promulgation of its adopted faith and teachings, is by said church or association held in trust for that purpose, and any member of the church or association, less than the whole, may not divert it therefrom. The following cases more or less directly sustain the rule, and are but a few of the many bearing on the question: Kniskern v. Lutheran Church, 1 Sandf. Ch. 439; Attorney General v. Pearson, 3 Mer. 353; Baker v. Fales, 16 Mass. 487; Stebbins v. Jennings, 10 Pick. 172; Hale v. Everett, 53 N. H. 9; Lawyer v. Cipperly, 7 Paige, 281; Baptist Church v. Witherell, 3 Paige, 296; Harrison v. Hoyle, 24 Ohio St. 254; Field v. Field, 9 Wend. 401; Gable v. Miller, 10 Paige, 627; 2 Denio, 492; M. E. Church v. Wood, 5 Ohio, 284; Happy v. Morton, 33 Ill. 398; Lawson v. Kolbenson, 61 Ill. 407; Dublin Case, 38 N. H. 459; Watson v. Jones, 13 Wall. 679; Fadness v. Braunborg, 73 Wis. 257; 41 N. W. Rep. 84; Presbyterian Church v. Congregational Soc., 23 Iowa, 567. The Mt. Zion Baptist Church came into possession and ownership of the property it now holds under a profession of faith and practice limited by the “articles of faith and church covenants published in the minutes of the Des Moines Baptist Association in the year 1848,” which we understand to accord
It is said in Schnorr’s Appeal, supra, in a very similar connection, that ' 'the guaranty of religious freedom has nothing to do with the property. It does not guarantee freedom to steal churches.” The thought, with no intent or reason to impute a criminal or dishonest purpose in this case, is not without application to .the marvelous freedom from interference claimed for a majority in a Baptist church, because of a congregational or independent form of government. It is further said in the same connection that such freedom "secures to individuals the right of withdrawing, forming a new society with such creed and governmefit as they please, raising from their own means another fund, and building another house of worship; but it does not confer on them the right of taking the property consecrated to other uses by those who may now be sleeping in their graves.” Mt. Zion Baptist Church was organized in 1842, and prospered, without dissension, till 1885, when this new doctrinej which had not before been taught or recognized in the church, was introduced. With -its introduction began trouble, resulting in a division of the church upon religious faith as justified by the Bible. Not alone the finding of the council, but the record on other grounds, leads to the conclusion that, at the organization of the church and long after, it was not thought of as a doctrine of faith or belief in the church. The newness and singularity of the doctrine in that church and community seemed to render it one for especial teaching and information, leading to the holding of "holiness meetings;” and the truth of such religious experience was in dispute among professing
But as a reason for the action of the church in repudiating the findings it is said: “The church had no right to sign the agreement, because it cannot delegate its authority, and the signing of the agreement was disloyalty to Christ, and a surrender of the cardinal principle of Baptist practice; namely, church independence.” There is a seeming inconsistency between the language and conduct of the majority in this respect. The disloyalty to Christ appears to have been in making the agreement to abide by the action of the council, because of a surrender of principle. But the majority rejects part of the findings of the council and accepts other parts, one of which was favorable to it. We do not see how to sustain the appellee’s claim, except upon the theory that the disloyalty in making the agreement depended on the character of the findings under it, which we do not think would be claimed.
It is-again said: “For the defendants to have accepted these findings would have been for them to admit not that they were teaching or intending to teach any such doctrine, but that C. L. Custar, their former pastor, to whom they had given a letter of recommendation to a sister church, had been teaching the doctrine of sinless perfection.” But Rev. Custar was. present at the meeting of August 19, when the church accepted the action of the council, and took his letter of dismission at that time, and took part in the proceeding, favoring the acceptance; and the findings, which he was a committee of the majority to receive, show that he had been confessedly a teacher of the same doctrines as Smith brothers, and confessed his. error. How can we, in the light of such a record,.
It is further said that the action of a council is only advisory, and that it is never binding. The rule, as claimed, has the support of ecclesiastical authorities, but the agreement in this case made it more as to its effect on the property interests of the church. It is a question entirely different from that pertaining to conscience, or the general rules for church government, as to which the authorities cited have especial reference. It should be kept in mind, to ávoid misapprehension, that we have only treated the findings of the council as conclusive, in so far as, by an agreement of the entire body of the church, it determined a dispute as to its former faith or creed.
We reach the conclusion upon the facts in the case that the majority have made a substantial departure. from the original faith and covenants of the church, and have diverted the property from the purpose for which it was given or granted. In App v. Lutheran Congregation, 6 Pa. St. 201, it is said: “It is the duty of the court to decide in favor of those, whether a minority or majority of the congregation, who are adhering to the doctrine professed by the congregation, and the form of worship in practice, as also in favor of the government of the church in operation, with which it was connected at the time the trust was declared.” McGinnis v. Watson, 41 Pa. St. 9; Sutter v. Trustees, 42 Pa. St. 503. In deciding who is entitled to control the church property where there is such a. division, we must look to the situation when the dispute began. In Roshi’s Appeal, citing the above author