The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-02-16
TRIAL OF REV. STEPHEN II. TYING. JR.

Fifth Days Procecdings-sun,ming Up tho
Case Both Sides-Thc Court Adjourned
to Tuesday Next.
usual very large crowd Of spectators was present
St Peters church. West Twentisth street. yester
day to listen to the summing up OF the arguments on
the trial Of the Rev, s. H. Tying Jr The greater por-
ton OF the auditory made up OF ladies, who have
throughout the trial manifested the greatest interest in
the proceedings.
After prayer had been offered by the President Rev.
DR. Beach, Mr. g. r. NASH counsel for shs prsscn.srs,
proceeded 70 make his
OPENING ARGUMENT THE PROSECUTION
Abiding to the fact that he q ayman and there
fore felt decacy In discussing this purely scceei-
astca question: Mr. Nash begged the court TO give his
argument calm review, and award 10 IL such credit In
coming to q decision as It might deserve He them as
his first point proceeded 10 review and restabsh the
argument hs used at tho commencement OF the trial
relative to parish Boundaries defining particularly
limits OF the parish OF New Brunswick, and said Even
the respondents witnesses confirmed the fact that an
intrusion mad taken place respondents part, and
that against the express protest OF the ncumbens Of
both churches The learned counsel on tho other side
would lay great stress upon the words OF our saviour
go forth and preach tho Gospel to ovcry
creature" But he mr. Nash) would taks this
command in . limited sense. The command
not given to every man, but 10 Chrs.s
chosen witnesses who had been with and saw all he
dd The command given 10 them, aud a natural
consequence to their In the time of
Apostles bishops priests and deaconsthe three orders
known in tho ministry at the present day-wsrs ipsti-
tuted or appointed by the Apostles themselves Tho
permission TO preach the Gospel given TO the Apostles
sns eg,mss ossrs rspouss .Sas ,oo,"s Ss
become syssmaiized and therefore rule OF discipline
became part OF the syssem OF which the rule OF faith
tho head. Now the complaint against no respond
the violation OF the rule OF faith tho
violation Of a rule OF discipline which had been in
had been in existence since the establishment OF the
Church, and in consequence OF violations thereof
lions He claimed that every prssbyer every bishop
priest and deacon Of this Church oiser ne not
only an ocsr in the sense of being leader in Chrsts
Church militant bat he IL officer q oivii 10 . ca
nouica sense. On referring 70 Blackstonss Common
sarss that high authority. IL would os found, defines
the exalted position OF these officers and the rules Of
the Church show nrst, shat every candidate
must 10 man Of SUFFICIENT learning. Bvsry
tho Church sees that the candidate has suihcisns
learning 20 understand what he preschos lest any
law bu, the OF The and and the law Of these United
states every candidate must have call and he must
show that he has had such call from congregation TO
eniitle him TO the imposition Of hands, and admission
into this honorable body In other words he (counss
claimed distinctly that minister OF the Protestant
Episcopal Church Of the United States received what
called "a rowing commission lie had Especial commis-
son and was required TO show the bishop that he had
claim 10 the duties upon which he about to enter
The bishop N ordainins minister asked the FOL.
lowing questions among others:-"Wiil you then give
your iamnIui diligence always 80 70 minister the doc
rns aud sacramens and the discipline OF Cbrisas He
hath commanded and ~ this Church hath received the
same, according to the commandments OF God 20 that
you may teach the people committed 10 your and
charge With all diligence to keep and observe the
ssmeri And he answers ~ will do the Lord being
my helper; and another question equally important
followed. Nov when this clergyman was ordained by
the bishop be vas commissioned 20 the parish OF which
he was tnen and nov the Incumbent aud could only
issye by letters dsmissory, or with the sanction OF
the bishop This reverend respondent upon receiving
bis commission must have had parish field OF action,
otherwise hscould not have been ordained. Nov, tn
question was, what was parishf In Jacobs Law Die
tonsry vol D, SO, he found this definition = Parish
parcchis IL what was formerly called the diocese OF
bishop, but s regarded an the circuit OF ground
which the people ~ one church do nhabit, and tho
particular charge Of secular priest II the court
woild t'af ibis In mind ICY Wesd tld La rat.-4