The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-05-02
TIE TENURE OF THE EPISCOPAL
DLERG y

OLDh0 Il.
The late controversy in st. Clements Church
in this city has given rise to the discussion of
several points of ecclesiastical law which
are interesting if not novel.
Among them is the question of the tenure
of the rector of an Episcopal charch; how
does he hold his Office, de 6ene esse, that is
during good behavior or for life, or does he
hold it during the pleasure of the parish or
congregation? If he holds by the latter ten
ure, then the relation between him and his
congregation is Simply that of master and
servant; it is contract of hiring, which may
be broken by either party at pleasure,
subject, however, to such rules regarding
prior notice as they may have agreed upon
among themselves, or, in the absence
of any such agreement, to the ordinary
rules of law upon the subject. A rector is a
minister, and while it is true that minister
is servant, yet he is a servant of God, not
of Gods people. He is to minister Gods
sacraments, and preach His Word to the
people. He is not to do their pleasure as they
would have it done, but he is to teach them,
to tell them their duty and keep them up to
it, and explain the Word and minister it unto
them. Christ Himself is called minister of
the sanctuary, and He formed His apostles
and their successors into body or corpora
tion of ministers, and said to them, $50 teach
all nations, baptizing them, etc., and, said
He, 'Lo! am with you alway, even unto the
end of the world" AS, therefore, minister
is the servant of God, and not of the people,
the next inquiry is, What is his relation to
the church or congregation he ministers
| unto?
In England, whence our ecclesiastical as
well as our common law comes, the tie be-
tween the rector and parish cannot be broken
except by judicial sentence, or resignation to
and acceptance by the ordinary. There the
parish is called a cure or living or benefce,
to which the rector, or incumbent as he is
| called, is presented, and in which he is firmly
seated for life. Even when he desires to re-
| sign, the ordinary is not bound to accept his
resignation, but may compel him to stay. A
similar rule exists in this country, by which
minister is prevented from leaving his parish
or church against their will. The relation
between a minister and his parish has no
closer parallel than that between husband and
wife, and differs from that relation in this,
that it may be dissolved by the mutual agree
ment of both parties. Indeed, the period of
time which elapses between the death of one
bishop and the ordination of another is called
the aoidOtchOOd of the Church. When, there
fore, minister has accepted the
charge of a parish, there is no way
for either party to dissolve the relation with
out the consent of the other. He cannot
leave his charge without their consents they
cannot dissolve it without his and both to-
gether cannot dissolve it without the consent
of the ordinary, who, representing the whole
! Church. is entitled to know what is being
done in each part or parish, and is to give Gas
he may withhold) his consent to such dissolu-
tion. Nor can any congregation sell its
church building without the consent of the
ecclesiastical authority. The canon of
1865 on this subject fixes the penalties which
are put upon the minister or congregation
which attempts a dissolution without the
episcopal authority, anditpreseribes exclusion
from the convention as the punishment for
this otfense. The uss of the word dismissed
in this canon is calculated to mislead the cur
sorry reader into error. The common mean
ing of this word is sending away of an infe-
rior by superior, whereas its meaning in