Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1815-07-24
| WHLLaM III. TERRET, sc.
GEORGE TAILOR, tyc.

GEORGE TaYLOR, gc.
Supreme Court efthe .. S. Feb. 1915
sroRy, J. delivered the opinion of the
lcourt in this case, as follows.
The defendants not having answered
TO the bill in the court below. it has been
taken pro csnfesso, and the cause is there
| lore to be decided upon the title and equl-
|tY apparent on the face of the bill.
!fthe plaintiffs have shewn a sufficient
title to toe trust propesty in the present
bill, we haye no diilicaltyin holding that
they are entitled to the equitable rehef
rayed for. 1t will be but the case OF
tie cestuis que trust enforcing against
their trustees the rights OF ownership un-
der circumstances in which the objects OF
the trust would be otherwise defeated.
AID in oar Judgment it would make no
difference whether the Episcopal church
were a voluntary society or clothed with
corporate powers; ior in eqnity, as to
objects which tie laws cannot but recog-
aise as useful and meritoriaus, the same
reason would exist for relief in the one
case as in the other. Other considera-
lions arising in this case material to the
titIe on which relief must be founded,
render an inquiryinto the character and
powers of the Episcopal church, indis-
pensable.
At a very early period the religious es-
Establishment of England seems 10 have
been adopted in the colony of Virginia !;
aud Of course, the common Law upon that
subject, so far asst was applicable to the
of that colony. The To-
ca! division into parishes fo,ccclesiastical
purposes eau be very early traced and
the subsequent laws enacted for religious
purposes evidently presuppose the exist
ence of the Episcopal church with It's ge-
neralrights and authorities growing out
of the common law.-What those rights
and Authorities are, need not be minute
" stated. 1t is sufficient that, among
other things, the church was capable OF
endewments Of land, aud that
&c Tl1iristcr Of TIC parish was, during his
seized Of the freehold OF
its Unbeatable property, IS emphaticaliy
persona ecclesiu, ard capable as a sole
corporation Of transmitting that inhegi-
lance to his success0rs.-Ihe church
"ardens, also, were, corporate body
clothed with authority aud guardianship
over the repairs Of the church and its per-
sona' property: and the other temporal
concerns of the parish were submitted to
a vestry composed of persons selected
for that purpose. In order more eHectu-
ally to cherish and support relig lous in
stitutions, aud TO define the authorities
and rights Of the Episcopal officers, the le-
gislature from time to time enacted laws
on this subject. By the statutes OF 1861,
oh. /, 2, 5, 10, and 1867, ch. 5, provi-
s;ons was made for the erection and re-
pairs of churchesand chape!s of ease for
the LAYING cut of globes and church lands,
and the building of a dwelling house for
the minister; for the making of assess
,nents and taxes for these and other pa
rochial purposes; Tor the appointment OF
to keep the church in re-
pair, and to provide books, ornaments,
&c; and lastly, for the election OF
1estry of twelve persons by the parish
oners, whose duty it was, by these and
,nbseouent statutes, among other things,
10 make and proportion levies and assess
nen4s. and to purchase globes and erect
dwelling houses for the ministers in such !
Parish. See Statute 1896, ch.
l1.-1727. ch. 6.-and l748, Oh. 2S.-2,
Fuckers Blacklist. Com. Appx. note M.
By the operation of these statutes and
law, the lands thus purcha
ID became vested, either directly or be-
,eticially, in the Episcopal church. The
minister for the time beng was seized OF
he freehold, in law or iii equity. jure
,cclesie, and, during vacancy, the fee
.emained in elegance, and the profits OF
he parsonage we're to be taken by the
parish for their own use Co. List. $40,
$40. va, Mass. r. see.
Such were some OF the rights and pow.
rs Of the Episcopal church at the time
# the American revolution and under
he authority thereof the purchase OF the
ands stated in the bill before the court.
vas undoubtedly made. And the pro-
,erty so acquired by the chnrch remain
d unimpaired Notwithstanding the re-
roiution; for the statute of 11z6, CHI. 2.
confirmed and established the |
lights of the church to all its lands and |