The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-02-16

follows that the parson or rector must have the
same rights in his parish he is the oyssssr Of the
the right to regulate and In ali things belonging
TO his ohce not that he has the right 70 interfere with
right 70 rule the household Of the church Of which he 10
the oversser and should report annually 70 his diocesan
change needed for the better and by their action do
whaever they consider for tho good OF the
Church. In connections with this he referred to
the csnons regulating the admission Of new families
within the boundaries OF other parishes It was
ssry to look over this whole field OF canons
single the whole harmonious battery should not
be disturbed rector might forbid, whom for specua.
congregations had been gotten up the organization or
any new parish, aud why had no not the right TO pro-
harmony OF his work Cases had Occurred wnsrs per-
mission TO form new parish had been refused and
then the law provides remedy in an appeal to the
question carefully and awe his decision. The
counsel then quoted from Blacksione's Common.
Il entitled 81 II. s's :.t1 s.o nsss ' !.
LI.tleton page $780, g show the meaning Of the word
session OF all the rights OF parochiaI church. He
called parsou personal because BY him the Church,
which 10 an invisible body l. REPRESENTED and he !.
the rights Of the Church OF which he Is In possession
with this view the respondents - to be regarded
made In closing he said he had shown salts.
f.ctorly. no thought that tho respondent was an
Learned friend iFulIsrton, having Occupied that
position would understand him. (Laughter) The
justice Of the peace He was app United for disct;
county judge was the next. he elected for the
soun.y ana IN the Supreme Court II. judges were
for judge to out Of his district and hold in
other without order Of his governor Take officer Of
ton OF the country whose oicsr be becomes and he
swssrs to obey the articles Of war; other WORDS the
without discipline would DO but mob when this
reverend defendant became an officer OF tho
Church ne sw0r9 to obey the e., articles Of his
earth, and was to DO carried By canons and rules
established Now, NAHUM in Sc, NAHUM prohittnm They
only evil in themselves because prohibited. Now,
when the human legislator comes TO look the law,
and regards the Ton Commandments the primary
officers which God prohibits and which the human egs-
lator p.ohbita But when the court como to consider
fnd What AZ oiesr does Of more Importance than
what private does The private may skulk to the
rear TO avoid the threatened death and escape but
pernicous, because In the abandonment of his
duty he brings about general panic In the corps to
which he Ia attached He said he would allude briefly
to one two circumstances connected With this minis
tralion and then referred to the testimony Of Rev Dr.
Sunday Oath july TO oflcate and that gentiemans
answer TO question that subject In relation 10 Mr.
Tying having been invited earlier in the season, but not
being then able 10 como had como TO spend few
days with OF bis parishoners and the rendering
OF st. James church by him Qhe wtness) to Mr. Tying
For what ITO hold such service he might please"
Now, what did the respondent do? He entered into
Methodist church about TOO feet from Christ Church,
and there performed service which the vii nesses de-
scrlbed That II not the service of the Protestant
Episcopal Church needed argument. II partly
from Book Of Com Prayer, altering the absoiu-
ton, two witnesses said, as to make II
prayer mixing II with the Lords Prayer, and also using
. manual OF that particular denomination. Another
circumstance although much stress need not be lard on
It, that Mr. ~ ng used neither gown surplice
This act in i->n need not be cause OF censure, but
taken with other circumstances should have its due
weight and importance. lie then read the canon under
which Mr.. Tying is on trial, as already published IN
the HERALD, and portion OF that canon which
defines the boundaries OF parish. Ono OF the wit
for the defence ho Rev. Dr. Tyn had given his
house rested against GeoFaes church and minister
came In OBLIGATED there he would consider II
the true view to be taken Of the case The rector was
the governor Of his church. and such his territory
would be invaded By such an act on the part OF another
Many persons their notions Of republican govern
men,s from the city Of New York, and formed un.
favorable Judgment from the corruptions which they
observed therein. But az they looked nowhere
else their judgment naturally cramped. In place
like New York was necessary, perhaps 10 define the
limits OF parish clearly. He hardly thought It
necessary but closing, he read the Thirty fourth
Article OF Religion as follows: ut not necessary that
tradition and ceremonies DO in all places one and
utl ry ike; times there divers. aud
may 10 changed according TO the Of countries
against Gods word. whoever through his private
Judgment willingly and purposcly doth openly break
no aA to he %ord Of Cod and po ora.noS
and approved by common authority ought to be rebuked
openly that others foar TO do the like he that
hurtcth the authority OF tho magistrate and woundeth
the Of the brethren Every psrtcu-
lar national church hath authority to change and
abolish ceremonies rights OF the church ordained only
by mans authority, that all things be done edify
ing" The counsel then proceeded 10 say that change
snoud be considered proper to take
would be procure the delegates the General Con-
venton TO set forth and show their reasons for the
change which was sought TO be made and let that body
act AZ they are empowered TO do In the premises.
:. Mr. rARkrn's ARGUMENT FOR Iar DsrEscE
great ,nterss. that had been created BY the trial. Mr.
minister Of the gospel 70 preach the gospel /; was
not even for emitting the htany which loved
was no book 10 go BY stood there simply for preach
ing the gospel and his only crime was that he had not
tho sonssn! Of the Rev Dr. stueb;1gss.. lausstsr,
not mention these names with disrespect for they
his friends and he lovod them; but he consd-
cred that those gentlemen had committed q great
ecclesiastical blunder Qaughtsr) II these reverend
gentlemen had assisted Mr.. Tying. probably 1t would
yytion what they believed be fold. But
what did he preachY Perhaps he quoted Wesley, tho
showed his hearers that they were wrong aud directed
them to back TO the ark aughtsr from whence they
departed and perhaps even las on to the teachings OF Drs
Stubbs and Bogga aughterI This was criminal court
and Mr. Tying was entitled to every presumption OF in
nocence. TINS Church organized in 1885, aud up to
this date NO minister was ever placed on trial for
such violation Of the canon. Here an Episcopal
minister put 10 jeopardy he preached aud road
from Episcopal Prayer Book, and wonder people
were astonished. Aessrs. Stubs aid Boggs had
right to preach that church. hundred feet square,
without invitation and therefore they had right to
nhibt another THIS the kernel Of the srg1ment
Although the canon might be proved to be violated yet
its true Interpretation would not snow that The canon
established prevent persons encroachng the
limited sal RES Of clcraymen, and any other
Interpretation would stutfy the Church, Some
harsh things the had almost said the only onel
had fallen from the counsel the other side. One OF
those the charge Of discourtesy. rho canon
not found 10 enforce professional courtesy poteness
Professional poeness The church Of God pass canons
TO project ministers in their opinions and courtesy
The gospel of thris should 10 preached everywhere,
and no one could or should prohibit II. HIS second
point was that he was no true minister who had not
these words constantly ringing in his ears woe me
IL preach not the gospcln n Mr. Tying had applied
and been refused he would s have the right 70 and
preach Did the Saviour refuse when invited to the
sogusS But II Was Mr.. Tying, but DR.. stubbs who
was diseourteous The former his vacation and
accepted 40 invitation to preach TO congregation which
then, as far As ne Knsw had no pastor Mr.. Tying was
advertised That his doing Butwhen he was ad
vsrtssd he could not draw back without sacrificing what
no considered 10 be his right And what was Mr.. Stubs
dutys To 70 the Bishop and complain and then send
his sexton with note 70 Mr. Tying, and then 60 TO