18 Vt. 511 | Vt. | 1846
The opinion of the court was delivered by
This is an appeal from the decision of the chancellor in the fourth judicial circuit. The facts, so far as is necessary to show the grounds of our decision, are as follows :
William Nelson, late of Ryegate, made his last will and testament
It appears farther, that there has been a society in Ryegate for a period of more than fifty years, of persons of the presbyterian denomination of- Christians, ascociated for the purpose of promoting the preaching the gospel, procuring preaching, &c., called the Associate Congregation of Ryegate, who have elected officers of the society, to wit, a moderator, clerk, treasurer and collector, or collectors, annually, and in March, 1843, in addition to these other officers, they elected three trustees. The Rev. Mr. Pringle was regularly settled and ordained, as minister of this congregation, as early as the year 1830, has officiated as such to this time, and still continues to be so, unless from the farther facts, which are in evidence, he was suspended, or ceased to be their minister, in July, 1840.
Previous to the year 1838 the ministers and officers of the congregations in Ryegate and Barnet belonged to and formed part of the associate presbytery of Cambridge, in the state of New York ; but in that year they were constituted by the Associate Synod of North America into a separate presbytery, called the associate presbytery of Vermont, and duly organized as such.
A difficulty arose in the presbytery of Cambridge in relation to Dr. Alexander Bullions, in consequence of his reflecting upon four members of the presbytery, to wit, Messrs. A. Gordon, David Gordon, James Miller, and Abraham Anderson, the result of which was, that he was, on the seventh of October, 1837, censured by the presbytery .and suspended from the ministry, and, by a vote on the
At this meeting in November, after the gentlemen above named were excluded from sitting, Dr. Bullions was heard in explanation ; but his explanation was not deemed satisfactory. Commissioners, who attended in behalf of his congregation in Cambridge, wished ■to know what would be satisfactory.. The presbytery thereupon proposed seven requisitions, to which Dr. Bullions was to give his answer at an adjourned meeting, to be holden in December; but to ■one of these they required an immediate answer. Of the nine ministers who were present at this time, the case of Dr. Bullions being on trial, Messrs. Goodwillie, Pringle and Whyte being excluded, only five ministers were left to act, viz. Mr. Anderson, Mr. A. Gordon, Mr. D. Gordon, Mr. Miller and Mr. Stalker, the first four being the persons whom it was alleged Dr. Bullions had slandered, by his decía
At the same meeting of the synod, on application of the presbytery of Cambridge, the presbytery of Vermont was erected and constituted by vote of the synod, and the ministers and elders within the bounds of the State of Vermont were required to meet at Bar-net, to organize the presbytery. The presbytery of Vermont accordingly held a meeting at Barnet in July, 1838, and was duly organized, according to the forms of the church, at which time Dr. Bullions applied to them to be restored to his former standing in the church, and, on submitting to a censure, it was voted, that he be restored to the communion of the church and the exercise of his ministry, — the presbytery considering him at that time as fully excommunicated. For this act of the presbytery of Vermont the
At the time these resolutions were passed, no members of the presbytery of Vermont were present, nor had they been cited to appear, or had any previous notice, that such proceedings were to be had. A citation then issued to the presbytery of Vermont, whether regular or not is not important, and, at the synod in 1840, they did not appear, and it was voted they should be rebuked, should submit to the decision declaring their deed in restoring Dr. Bullions null and void, and, upon their compliance with these decisions, they be restored.
The presbytery of Cambridge afterwards, in January, 1842, proceeded to depose Mr. Pringle and Mr. Goodwillie from the office of the ministry, and from exercising the same, and declared their congregations vacant.
It appears farther, in the examination of the testimony, that, as early as 1823, an association was formed, called the Associate Society of Ryegate, for the purpose of holding lands, or other property, whereon to build a meeting-house, or house for the minister, or for the benefit of the spciety; that this society was re-organized from time to time, and, among the officers provided for in their by-laws, was a trustee, or trustees. In 1841, after the divisions had arisen in this society, a spirited contest was had for the election of trustees, which ended in their declaring John Nelson, the defendant, John Gibson and Alexander Gibson trustees of the society. There was evidently, however, an irregularity in that election, in permitting persons to vote who were not legal voters.
The defendant, however, as administrator of William Nelson, paid over this legacy to these trustees, the principal in May, and the interest in November, 1842. The legacy, or the interest, was demanded of the defendant, as administrator, by the attorney for the orator and Associate Congregation, and was refused, unless on his
It farther appears, that the presbytery of Vermont, several other members of the congregations of Vermont, Mr. Whyte and others from the presbyteries of Cambridge and Albany sent memorials to the synod, which met at Washington, Penn., in 1841, praying them to review their case and to reverse the decision; but this was utterly refused, was considered as a repetition of their contumacy, the memorial of the presbytery was returned to the person presenting it, and, to the memorial of the Rev. Mr. Whyte, a committe, consisting of Messrs. Anderson, Miller and Martin, were appointed to report an answer. After this, in the same year, on the fifteenth of June, 1841, the exscinded brethren in Vermont and of the Cambridge and Albany presbyteries assembled at Cambridge, formed a new organization, and claimed to be the true Associate Synod of North America.
A minority of the members of the church and congregation in Ryegate, who still adhere to the synod, joined by some members of the church in Barnet, who are in the same situation, have since ^given a call to the Rev. Isaac Law.
In the consideration of this question my mind is not embarrassed by the considerations, which have been presented, arising from the organization, or constitution, of the associate church, or from the consideration of the proceedings, or sentences, of any ecclesiastical tribunal whatever. ( The bequest, or the trust declared by the will, does not appear to me to be equivocal in the least; It is a legacy to the society called The Associate Congregation of Ryegate. This society, under our constitution and laws, is capable of receiving and holding a legacy. By the constitution of this State, all religious societies, or bodies of men, “ united or incorporated,” are to be protected in the enjoyment of their estates, &c. The object of the legacy is sufficiently explicit, as ú donation to the society, “the interest thereof to be annually paid to their minister forever.” I should consider this, and all similar donations, as a gift or grant to
Not having any religious establishment in this country, and our" population continually varying and shifting, one denomination of Christians being at one time the most numerous, and in the course of a few years another, unless this right of the majority is recognized, and a gift, or donation, is to be construed as having reference to this state of our society, and as being intended, by the donor, to be controlled by a majority, property given, devised, or bequeathed, to a religious society, and for a religious purpose, might, in the course of a very few years, be wholly locked up and secluded from any useful or beneficial purposes; and we never ought to give such a construction to a legacy, or gift, unless imperatively called on so, to do by its explicit terms. However strange it may sound to the ears of an Englishmen, as was observed by the Lord Chancellor, in the case of Leslie v. Birnie, 2 Russ. 114, that a minister is to be elected by “the elders, members and seat holders,” yet I apprehend that the very spirit of our institutions does explicitly recognize this right of electing or employing a minister, as vested in the corporate body, or the majority of the individual members. In conformity with this principle have been our decisions in relation to meetinghouses, or churches, erected for public worship. The society may repair, take down and rebuild its meeting-house, with or without compensation to the pew-holders, as the case may be, and erect another, without any particular regard to the way, or manner, in which it was first built, or the religious tenets of those who first erected it, or made donation therefor. Kellogg v. Dickinson, ante p. 266, and cases there referred to. Baker v. Fales, 16 Mass. 488. Baptist Church v. Witherell, 3 Paige 296. In this latter case the learned chancellor very ably and fully expresses my views of the nature of a grant to a religious society, the jurisdiction of a court of equity, the effect of a sentence of a church judicatory, and the rights of a majority of the members of a religious society. The terms of a
In the case of Milligan v. Mitchill, 1 Mylne & Craig 433, Mylne & Keen 446, the chancellor found, upon the evidence, a trust and a breach of trust, and upon that decreed the relief prayed for ; and, inasmuch as the by-laws of a society may constitute and become a part of the donation and of the trust, the inquiry may be had, as it was in that case, whether their by-laws may be altered, without forfeiting the gift. It is to be observed, however, in that case, that the religious sentiments of Mrs. Drake, who made a will in 1730, did not enter into the consideration of the decision, nor was the right of a majority to repeal any of the by-laws, when it did not affect any right of property, questioned. There is nothing in the legacy of Mr. Nelson, which brings the case within the principles decided in that case, or which requires us to examine, how far that decision is compatible with “ the local situation and circumstances ” of this State, or “ with the laws and constitution of the same.”
These views, already expressed, would be'sufficient in my mind to warrant a decision, that the orator is entitled to this legacy for the benefit of the Associate Congregation of Ryegate, and that they may appropriate it for the payment of the salary of Mr. Pringle, as their minister, who was duly constituted such in the life time of the testator, was such, when he made the will, and who continues to be such, if the wishes and votes of a majority of the society are to be regarded. And this relation, I apprehend, is not to be dissolved against the will of Mr. Pringle and of a majority of the congregation, by the proceedings of any ecclesiastical tribunal. The court, however, are not disposed to rest their decision on this ground, but have examined the positions which have been taken and urged in the argument, and the result has been the same, in whatever attitude the case is presented.
In recurring to the proceedings of the congregation, different presbyteries, and synod, which have been brought to our notice, as well as the effect they are to have on the subject in controversy, and the authorities which have been read, it becomes necessary to examine the foundation of ecclesiastical law, the powers of their judicatories, the effect of their sentences in this country, as com
In England the ecclesiastical law and the ecclesiastical courts are established by legitimate authority and become a part of the law of the land. By the common law, the King is the head of the church ; which means, that all ecclesiastical power and authority is established by him, and by and under law. No canons can be made, except by his consent. Ecclesiastical courts and ecclesiastical law are adopted, as part of the common law. Their proceedings are according to the forms of the civil law, and the King may pardon all offences, within the jurisdiction of the spiritual courts. The courts of common law have and exercise a superintendence over their proceedings, and may keep them within their jurisdiction, and control them by writ of mandamus, prohibition, &c. The authorities for this may be found in Caudrey’s Case, 5 Co. 1; 3 Com., Tit. Ecclesiastical persons; 7 Com., Tit. Prerogatives, D. 8-10, 17; Bishop of St. Davids v. Lucy, 1 Ld. Raym. 447, 539. The sentences of these courts are there entitled to the same consideration, as the sentences of any other inferior tribunal. Their decisions are final and conclusive on all subjects within their jurisdiction ; but, as I have said, they may be controlled and examined into by the courts of law. Thus a prohibition will issue, when they take cognizance of matters clearly within the jurisdiction of the temporal courts, and also when they proceed on matters not sufficient to justify proceedings, either in a temporal or spiritual court. 39 E. C. L. 548. The government and jurisdiction of the church in Scotland are also established by authority of parliament. Abridgment of Acts of Parliament, Pardovan 225.
In this State the case is wholly different. We have no religious establishment, no ecclesiastical law, or courts, established by any authority. All their laws are wanting in this essential requisite, to give them any authority, that they are not “prescribed by the supreme power in a State.” And though they may form constitutions, enact canons, laws, or ordinances, establish courts, or make any decisions, decrees or judgments, yet they can have only a voluntary
It is not to be inferred by this, that I am indifferent to the subject of ecclesiastical organization, government, or discipline. As an individual I should be disposed to submit to all regulations, not inconsistent with my duty to a higher power, and should examine their proceedings with great consideration and care, before I should venture to question their propriety. But in a court of justice, sworn to administer justice according to law, I cannot recognize any constitution, laws, ordinances, or sentences of any ecclesiastical tribunal, or of any voluntary society, as having any efficacy or power over the civil rights, immunities, or contracts of individual?. In Cullen v. Duke of Queensbury, Lord Thurlow said, of a voluntary society, that he would convince the parties, they had no laws and constitutions. And Lord Eldon spoke with contempt and alarm of a lodge of freemasons, who affected a corporate character, and exhibited their laws, forms and constitutions upon record. And of these voluntary associations, though they frequently make constitutions and pass by-laws, which they declare are not to be altered, except in a certain way, or manner, as by the concurrence of two thirds, or at two different meetings, &c., yet their constitution and laws may at any time be altered, or abrogated, by the same power which created them, and the vote of any subsequent meeting, abrogating, or altering, such constitution, though passed only by a majority, has as much efficacy, as a previous vote establishing them. A constitution for a voluntary society may be proper, as an organization, but it has none
There cannot, in this country, be attributed to the decisions of a synod, or the'decisions of any ecclesiastical judicatory, either infallibility, or freedom from error, nor can they claim rightfully unlimited obedience; and when it is attempted to give to their adjudications the same effect, as is given to the sentence of ecclesiastical courts in England, or the superior courts of common law, the attempt must be unavailing ; even the limits of the obedience which is due to the church courts of the associate church, to which all these parties belong, from the members of the denomination, and for a disobedience to which the party may be subject to church censures, is by no means accurately defined. Mr. Goodwillie, in his testimony, says, the church courts have not sovereign, arbitrary and absolute power; that if their decisions are not agreeable to the word of God, they are not to be received ; and that every man has a right to judge for hiniself concerning their determinations. Mr. Reid considers the decisions of church courts as binding, provided such decisions are not contrary to the word of God. He makes a distinction between such as affect personal cases, and such as affect doctrines and matters of faith. Mr. Anderson considers them as absolutely binding, and rejects the distinction between decisions on matters of faith and doctrine, and decisions in personal or public matters. In the declaration and testimony of the Associate Presbytery, adopted in 1784 and revised in 1813, Art. 10, sec. 5. par. 3, it is expressly declared, that their decisions, if not agreeable to the word of God,, are not to be received ; and the right of every man to judge for himself, concerning the determinations of church judicatories, is expressly recognized. In the proceedings before the Vice-Chancellor of the State of New-York, between Stevenson and Dr. Bullions, I< find Mr. Anderson claimed, that, if Dr. Bullions had a seat in the' presbytery in a trial then pending, he should claim, in the event off
It is, however, claimed, in this case, that there is an implied contract between a minister and his people, that he should continue in the same ecclesiastical connection; and that, Mr. Pringle having been suspended from the exercise of his ministry, the contract between him and his people is dissolved, and the congregation cannot be entitled to any funds, given or appropriated for the support of a minister.; that the intent of the testator was to give this legacy to the congregation at Ryegate, as a part, or branch, of the associate church of the United States; and that, as the associate church have, according to the rules of discipline, deprived Mr. Pringle of the character of minister, no benefit can be had from this legacy for his support. This involves the consideration of the subject of such implied contract, the intent of the testator, and the proceedings of the different presbyteries and of the synod, according to their rules of discipline and church government, and,'as a branch of the first inquiry, the right of secession.
The church and congregation in Ryegate, before the settlement of Mr. Pringle, and indeed the associate church itself, was founded on the principle, that it is both the right and duty to secede, as was done by Erskine and others in 1733, from the prevailing party, who may obtain a majority in the judicatories, synods and assemblies, when, in the opinion of the seceders, such majorities have departed from the word of God, and the received and approved standards of doctrine, worship, government and discipline. Gib’s display, sec. 7, p. 36. The congregation in Ryegate and Mr. Pringle still profess to be presbyterians, and to adhere to the doctrines, government and discipline of that denomination. We can, therefore, discover, in this case, no implied cofitract violated, which should have the effect to dissolve the contract between him and the congregation of Ryegate, — more especially, as that congregation do not complain of any such violation.
2. In relation to the intent of the testator, that the legacy should be given to the congregation of Ryegate, as a part, or branch, of, and connected with, that part of the presbyterian denomination of churches called the associate church. It has already been remarked,
It could not, however, be tolerated in this country, to adopt, to their extent, the principles laid down in the case of Attorney General v. Pearson, 3 Mer. 411, and 7 Sim. 290, or the principles laid down by the Chancellor, Lord Lyndhurst, in Attorney General v. Shore, in a note to the latter case. The answer of the defendants in the former case contains reasons much more satisfactory to my mind, than the opinion of Lord Cottinghara, or Lord Lyndhurst. No satisfactory answer was, or has been, given to the inquiry proposed by the counsel in that case, that, if the chancellor could decree what doctrine should not be taught, he might, with equal pro
There is still remaining a question of importance in this case, which has been elaborately argued, and to which the attention of the court has been directed, that is, whether, according to the rules of discipline of the associate church, Mr. Pringle has been properly suspended and deposed from the ministry. It seems to be necessary, that the court should decide this question, as it may be and has been claimed, that, if he is regularly deposed, the avails of the legacy in question ought either to be decreed to the minority adhering to the synod, or divided between those who adhere to him and those who adhere to the synod. The court approach this question with some diffidence, as we have not the aid of previous acquaintance with the rules of church government and discipline recognized in this denomination of Christians and as the cases, which may be found in our English reports, have no relation to ecclesiastical organization and proceedings, as they exist in this country.
But examining the proceedings of the judicatories, which have been had in the case under consideration, by the rules applied to ecclesiastical courts in Great Bridan, we should, without much hesitation, come to the conclusion, that the proceedings, which have been had in relation to the presbytery of Vermont and Mr. Pringle, are irregular, arbitrary and wholly void. To excommunication in England certain civil disabilities are attached. To aid in carrying into effect a sentence of excommunication, a writ de ex-
The effect of the sentence of church courts, in eases evidently within their jurisdiction, has lately been much discussed in cases arising out of the acts of the General Assembly in Scotland. The Kirk is the established church of Scotland, — the jurisdiction of their judicatories was conceded, or confirmed, by act of the Scotish Parliament, at an early day, and was confirmed by the act of Union. If a person disobeyed their order, the aid of a civil‘court, the Lords of Sessions, might be obtained, to put him to the horn. Stewart of Pardoyan 227.. The decisions of these church courts like the
3. As to the proceedings of the presbytery of Cambridge in their dealings with respect to Dr. Bullions, which was the origin of all this difficulty. We do not consider it necessary to examine this subject very critically, as it may not be necessarily involved in the decision of the question before us; but yet, as it laid the foundation for the subsequent proceedings, we cannot entirely pass it over. The case of Dr. Bullions is before the courts of a neighboring State; the vice chancellor has made a decision, and though that decision may not accord with our views, yet it is not expedient, that we should examine the grounds, on which he proceeded, with critical
It appears, that in October, 1837, the presbytery of Cambridge consisted of Rev. Messrs. Whyte, Stalker, Dr. Bullions, Anderson, Miller, A. Gordon, D. Gordon, Goodwillie and Pringle, nine in all, together with their ruling elders. At a meeting of that presbytery in October, 1837, at South Argyle, there were present Mr. Stalker, Dr. Bullions, A. Gordon, D. Gordon and Mr. Anderson. A complaint of Mr. Stalker against two members of the presbytery, viz. Rev. Messrs. Miller and Anderson, was heard. Dr. Bullions at that time made a remark, in which he insinuated, that some members present were unfit to sit in any court, or in this court, as understood by some of the members. In the course of their meeting Dr. Bullions may have made, and probably did make, some remarks and observations, which prudence would have required him to withhold. He was, by the moderator, silenced and deprived of the privilege of debate, and a censure of rebuke was voted against him, — three members of the presbytery not voting. The presbytery then voted,, that the execution of the rebuke be postponed, until the sentence imposing silence be removed. After a recess they removed the sentence imposing silence, and proceeded to inflict the censure of rebuke, — to which Dr. Bullions refused to submit; and, as he had a right to do, he protested and- appealed to the synod ; and thereupon he was suspended. It appears, that the members, of whom Dr. Bui
The congregation of Cambridge, over which Dr. Bullions was pastor, it seems, was not satisfied with these proceedings, and petitioned the presbytery to take into consideration the affair of Dr. Bullions; and accordingly a pro re nata meeting was called, and held on the fourteenth of November, 1837, at which all the ministers of the presbytery were present, and seven or eight ruling elders. At this meeting, we learn from the testimony, there was a majority in favor of restoring Dr. Bullions, agreeably to the prayer of the petition of the congregation of Cambridge, and, but for a proceeding wholly unwarranted and unprecedented in a regular court of justice, would have done so. A resolution was proposed, that Messrs. Goodwillie and Pringle should not have a seat in the proceedings of that meeting, on the ground of affinity <md partiality. To support the charge of partiality a most frivolous reason is offered. In order to carry this vote, it was attempted to exclude Mr. Whyte from voting, which failed. It was proposed to them to put the vote as to
Whether affinity is good ground for excluding members of a church judicatory from sitting in any case is a question, about which the witnesses differ ; and the practice has not been uniform. Stewart of Pardovan, p. 195, says, there may be á warrantable declinature against particular members, who are related by affinity. In the synod Mr. D. Goodwillie voted without objection, though standing in the same relation to Dr. Bullions as Mr. T. Goodwillie. But the objection should not proceed from the court, but from either the accuser, or defendant. Whatever may be said on the subject of Mr. Goodwillie’s and Mr. Pringle’s voting, the objections are stronger and more forcible against Messrs. Anderson, Miller, and the two Messrs. Gordon. However they may have satisfied themr selves of the distinction between an informer and accuser, so as to justify them in voting in this case, the distinction is too subtle, if not jesuitical, to receive countenance herd. They were truly actor and judex.
■ I have no hesitation in saying, that these proceedings, by which1 the minority transferred themselves into a majority, and that major-' ity consisting of the persons against whose sitting in that case there were such strong and unanswerable objections, vitiate and render void the proceedings of the presbytery of Cambridge in relation to,
The proceedings in relation to the presbytery of Vermont are, in our opinion, still more unwarrantable. In examining them we must look, for the power of the synod, to the book of discipline marked K, established at Pittsburgh in June, 1817, as the only book then formally adopted by the Associate Synod. The whole power of the synod is stated in the fifth article. The book of discipline marked C C was not then in force, nor was it adopted until 1843, (Anderson’s deposition,) after this suit was instituted and after the secession of the presbytery of Vermont. It is a principle of universal jurisprudence, that laws, civil and criminal, must be prospective and cannot be retro-active. Dash v. Van Kleeck, 7 Johns. 477. Hence, if an act is committed, which is not criminal by the existing laws, or which cannot be tried and adjudicated upon by reason of some defect in the organization or constitution of a judicial tribunal, or if an evil is of ever so great magnitude, yet, if, through defect of legal provision, or want of power, it cannot be reached by the existing laws, this defect cannot be aided by any legislative procedure whatever; and,, if this, is true of civil or criminal proceedings, it is
According to the conceded power of the synod to erect new presbyteries, — Book of Discipline (K) art. 5, p. 13, — in June, 1838, on the application of the presbytery of Cambridge, and not on the application of the members residing in Vermont, as testified to by Mr. Reid, a new presbyter}'' was erected in Vermont, including all the ministers and elders residing within the bounds of the State of Vermont. This decision of the synod was acquiesced in by the members residing in Vermont, and accordingly the presbytery was organized and constituted according to the forms, rules and regulations of the associate church. This power of the synod to erect new presbyteries is rather a legislative than a judicial power, but one which the increase of the church may render necessary ; and accordingly it is conceded to them ; but no such power is given to dissolve a presbytery against their consent, and it is of so dangerous a'character, and so fatal to the freedom and independence of churches, as well as destructive of individual, freedom, that it ought not tobe granted, or exercised. It, in effect, enables the synod to exercise uncontrolled authority, and to do acts of the greatest injustice and oppression, without any possibility of redress. If they can dissolve one presbytery, they may dissolve all but one.
Nothing but a clear and explicit grant of such a power could warrant any attempt to exercise it. This grant is wanting in their adopted book of discipline ; and it will not do to found it on necessity, which is the tyrant’s plea, or on the doctrine of development, or implied power, which has been made the ground of introducing great errors in other churches, both in faith, doctrine and discipline. The power given them of erecting new presbyteries was necessary and proper; but I cannot conceive that it implies a right to annihilate a presbytery, and transfer its members to the jurisdiction of another, with whom they might not be connected by State limits or cordiality of feeling. It was well observed in the argument, that the Congress of the United States, who have power to admit new
By virtue of the authority in the synod “ to redress whatever was done contrary to order,” they might say, that this deed was null and void from the beginning, and if so, it did no hurt to any one. This, I apprehend, was all, which the synod was required to do in the case, in the absence of the presbytery of Vermont.
We consider, therefore, that the presbytery of Vermont have not been regularly dissolved by any power authorized so to do, and Mr. Pringle has not been lawfully deposed. There are other errors and improprieties in the proceedings of the synod which would prevent its having any binding obligation/ Their resolution on the relevancy of the complaint, denouncing the act of the presbytery of Vermont as a solemn mockery, a violation of their ordination vows, &c., in terms of virulent and unmeasured severity, when the presbytery had no notice to appear, and when they were not present, was irregular and cannot be countenanced in any court of judicature, professing to do equal and impartial justice. The impropriety and injustice of their deciding on the relevancy of the libel, without the parties being heard, is too apparent to require any elucidation. A libel, like an indictment, involves necessarily a question of law, as well as a question of fact; of law, whether the acts done constitute an of-fence ; of fact, whether the person accused has done those acts with such an intent as to render him guilty. On both these questions the accused may be heard; the Book of Discipline (K,) p. 47, is very explicit on this point, and those who are to try, must have the power to decide both. Any attempt to separate these questions, and abstract either from the tribunals who are to determine the guilt, <or innocence, of the party accused, or to prejudge either, must meet
The synod, in 1839, when they adopted the resolutions in relation to the presbytery of Vermont, evidently lost sight of this plain principle of jurisprudence, that no person is to be condemned unheard ; and, by prejudging the conduct of the presbytery and its members, rendered themselves incompetent to sit in judgment upon them. It was as palpable a departure from judicial usage, and as great an infringement of private right, to prejudge and determine the law of an individual case, as it would be to prejudge and determine the facts. The presbytery of Vermont, if they erred in their determination in relation to Dr. Bullions, may have acted on good motives and erred without any intention to be disorderly. The resolution condemned their acts as a contempt of the synod, as a solemn mockery, and attributed to them the intent to be disorderly, and, in effect, decided and declared their guilt and contumacy, without any trial. Their authority to sit as a court, after this, might, with the strictest propriety and according to the rules of justice; be declined.
The act of the synod in 1840, which was but a continuance of the proceedings of 1839, can stand upon no better foundation, and was in fact a necessary result from the former proceedings. I think proper to remark in relation to their farther acts, that I can find no authority for the appointing a commission to receive the submission of the presbytery of Vermont. It was transferring to this commission the duties and the powers which properly appertained to the synod only. A committee might be appointed to execute the decrees of the synod in some cases, as we learn from the book before mentioned, Stewart of Pardovan. Whether this commission was of the character required in that book, is more doubtful. There were, in this, committed to the commissioners, judicial and legislative powers, — that is, to call the presbytery of Vermont before them, and to restore or dissolve them, as they might judge proper; they of course were to judge, whether their submission was satisfactory, or not. This was a delegation of judicial authority, which, I appre
Whether the act of the presbyteries of Vermont and Albany, in the meeting which was held in Cambridge, in June, 1841, was expedient, or not, is not for us to determine. The synod had excluded and dissolved them. In no other way could they proceed. They could not compel the synod to receive them again. By thus forming a new association, they did not thereby forfeit their presbyterian character ; and the reasons for secession from the prevailing party in the associate synod are certainly powerful; and the right thus to separate, acting according to the dictates of their own consciences, and on the principles of the word of God, cannot be questioned, when we remember the origin of the associate church, in 1733. To us, as a court of law, the synod, which met in Cambridge, in 1841,
As a result of the whole case, we come to the conclusion, that this legacy was for the benefit of the Associate Congregation of Rye-gate ; that Mr. Pringle is their regular ordained minister, and has never been regularly deposed, or suspended, from the ministry, by any tribunal having authority so to do ; and that he has forfeited no right, or privileges, which he acquired by virtue of and in consequence of his ordination. The congregation of Ryegate are entitled to this legacy, the interest of which is to be appropriated for the support of their minister.
In the decision of this case we have endeavored to conform our decision to the principles of law, as they are applicable to our State. If we have recognized no ecclesiastical jurisdiction, it is because none such exists here; and it certainly will contribute to our peace, that there is no such jurisdiction in this State. . Every one is at liberty to regard Dr. Bullions and Mr. Pringle as regular or deposed ministers, may receive or refuse the ordinances of the Gospel from them, and may submit to or decline their spiritual character as pastors. We consider Mr. Pringle as the regular minister of the congregation of Ryegate, according to the laws of this State, and do not recognize the proceedings of any of the church judicatories, as dissolving that relation ; and while he and the majority of his society are united, no legitimate power, or authority, has been exercised, to sunder that connection. All the persons, who have been actors in the transactions, which we have been called upon to review, were probably actuated by good motives and a-sincere desire to do their duty. Of those with whom we are acquainted, we know that they are sincere, devoted and pious men. The whole difficulty, which has' been so disastrous in its consequences, both here and elsewhere, has arisen from the attempt to exercise an authority., where none is possessed ; to assume powers of a legislative and judicial character, which are not given; and to claim for them attributes and effects, which can only belong to tribunals having a legal existence under the supreme power of the State, and which can in no way belong to any voluntary society or organization whetever. And, as is too often the case, when men feel power, though they have it not, they
There are, however, other objections, rather of a technical character, which have been urged, and which we must consider.
1. It is contended that the orator, as treasurer of the society, cannot maintain this bill; the bill, however, is brought for the benefit of the Associate Congregation of Ryegate, and in their behalf. We think any members of the congregation, in behalf of the whole, and particularly the treasurer, whose duty it is to receive and disburse the moneys appropriated for the support of their minister, may institute a suit in their behalf, if the suit is recognized by them. As this objection is only in the nature of a dilatory plea, we should not be disposed to decide against the orator at this time, when the parties have prepared themselves and been fully heard on the main subject in controversy. The interest of the legacy should of right have been paid to the treasurer of the congregation. If there were any difficulties, or doubts, on this part of the case, the decree might be so framed as to obviate them.
2. It is urged, that the legacy had been paid by the defendant, before the commencement of this suit, to the trustees authorized to receive it. We, however, find the fact to be otherwise. The interest, at all events, should have been paid by the defendant to the orator, as the treasurer of the congregation, the principal only to be paid to trustees. The trustees, to whom the payment was made, were not the trustees of the Associate Congregation, nor the persons designated in the will as the trustees, in whose hands the legacy was to be placed, but the trustees of another incorporated society. The legality of the election of these trustees of the society is more than doubtful. The society had become divided into parties, in relation to this subject in dispute. Before the appointment of trustees was made, there was a motion for an adjournment, which was nega
The decree of the chancellor is reversed, and a mandate will issue to him to enter up a decree according to these views.