, 1874-08-16
tho law Of the Church now, because it il hostile
genius, Objects and spirit Of the institutions Of free


| Government.
| n THIS s1ArE
We have adopted the law OF England by AZ
act of our State Legislature existed in the fo1rti
year OF James l. far applicable. But 1t hes beer
repeatedly hold By courts, that the common Inv
WIS only applicable here far It a63pted to
national habts and the genius and spirit of tret
Institutions that 10 the law " had been
modified by the prevalence If fire., principles anu the
general improvements of .sociey,"-3 Sc:slnmou 100
3ot-5 4U4 And such has hel 10 he .w i'll other
States,-Scdg- Stat and Const. Law r. Peters III
which We derived from England, tie same principle
would Obtain, with greater froprietv in reference
tho Roman Empire moro than twelye centuries nyc
For the Apostolic Fathers Nete almost without excep
| ton, the
SUBJECTS or THE RoAAN GOVERNMENT
In Roma itself or in the Provinces Of the E,,.irr
| When they lived, and where they lived the civil
rights Of the individual well-nigh ignored by the
pa-ial authority few aud i'll Defined The e,er-
else OF d. s7oc power met with little resistance
Amid such surroundings it could not he expected that
ns A;sortoc Fatners should have found eccesias-
:ical common law, which, without any notifications,
would h, adapted 70 the Episcopal Church in the
II the Episeop "s churca IL tic Ui.cd States had
nerer enacted canon, from its r5. establishment
tue present tim, it would have been compelled to
1gnoro much Of the law and Law Ut the
Aneient Church, btcause it not adapted to our
Government and i1x:ttons; and in this respect its
ecclesiastical tribunals would have only followed out
the principles which govern American civil cours
| i'll administering tho English common law.
1t doe not certaiufy follow that because the Church,
IA one century, held to particular mods Of Church
discipline and potity, TINT the should be
| changed. The Protestant Episcopal Church has
| NEVER ASSERTED THE 1HGALLIn1L1ry or IT'S u1sUops
or the Church at large. II 1t had, that would be
very stuug fac in favor OF existence Of precisely
tho sao Church Folity in the nineteenth century that
obtained In the second and third. Tho most eminent
writer's upon Church government have held that tho
Ioty OF tue Church could be to a certain extent mpd-
tied without in the least affecting its distinctive Epis-
copal character And the practice of that Church in
England and the United states has sanctioned such
| lnoui1catiuus
In the Church. as we'll as In the State in Tsesa9es
there has been upon hand assumption and I4urpa-
ton OF power, and upon the other ucfi Of its exist
and Resistance to its e1ercise Rights civil and
e:cleSi tca hare been the outcome these couctx
In the State, the result laa been
EHE GRADUAL EXTINCTION or ADsoLuT1sN,
and the allow uprising Of limited and constitutional
uosefnHaent5 The e1per!cnce OF the Church has not
been diasmll1r from that OF the State This s Ut
I'll churches in which there e1iss ne Law forllllng
change. II changes in church aolity not forbid
dcn by the ecclesiastical law, then tho Church rcgI-
men has universally conforEed in dearee to the
civil government. Tho Episcopal Church in the
United States in its polity differs in many important
particulars from that Church il England and the dif-
ference is due in part to the disainazity Of
stitutions.
hare dwet It length upon this question, for tho
reason shat the position las been assumed in argu-
Hcn aud earnestly insisted uE that the EoHGr Of
Bishop to condemn and punish, in the aasenre Of any
finding By ecclesiastical court neither be
fessed taken away, 6Ed that act ct the Bishop In
sSUdpESD1SG AND DEros1SG 4 CLERGYMAN
would 0e tMlid if violation u cla1lse Of
the diocese, or general canon Of tho Church. Il
such was tie extent Of Episcopal Eower Is it e1
listed by common G::d canon. law more u4.u twelve
centuries ago. i'll the interval important changes hayd
been ula4ie in the Church polit; The Vital question
Church III the United Statea now, upon this slbjec7
Danop White sayS that Church it c1is:s lere il
Church vi law aud not Of wilt, and Hoffman, in his
Law Of the Church." assumes the position.
3lany cannns hare bcel passed providing for the
trials OF 10th De4cons Pres15sers, AL Bishops II,
by tho common law and ancient c4nnns If the
Church, The B:ehon had the mower, which has now
been asserted in his behalf, that power
has been greatly abridged by theso ca,sons.
The bclng, law, regarded the ssiplla-
tious betwe,n the tartes. express stipuL.iou in
recent cal for trial ard sentence in Particular
with the lates. stipulation between tine rarties. III
that event, it matters not Whit illo previous law wi,
the latcnt stipulation is
THE ONLY LAW FOR TIE CONDUCT TRIAL.
To hold that, IN such caac, tA: Bishop could
pend and derose i clergyman without trial. wuald
tt to overthrow the whole theory Of the civil courts
this country reference church discipline and goE
eruent, the game has been Developed aud settled
BY long SERIES OF adjuc4tona. i would be substi-
tutiug the uncontrolled will Of 1hc Bishop in the place
of the solemn agreement Of the parties, and u limited
supervision Ut the courts of Law.
The question put 10 the 1TcBiyter It tho the time of
his ordination by the Bishop and his excludes tho
idea Of III the latter to sentence the former III
oppositlon ~ existing aonS. The urda1 prescribed
that the caulid:e for the priesthood upon presenting
himself for ordination, shall be asked by the Bishop
this question ' Will you Eesc1.nly oaey yy.1r B;sa-
Of e ch.e may have he csrx and u eoS
ernulcnt over you; following with gl2t mind and
will their Cody aslulonon aud submitting yourself
must reply: al Will 10 do, the Lord being y help
er.. -
But whatever may bo the discipline Of the Church
elsewhere, the Church III tna Diocese Ut Illinois Las,
by the different sections Of Cao No. 20 provided for
A PARTICULAR FORM or TRIAL As'D SENTENCE
for offenders: Whenever any minister Of this Dio-
not Icing Bishop thereof shall bc1me liable to
rrescntrneut and trial under any provision Of the
Genera; Di~csan Convention, tile mode Of proceed
ing shall be folows:n by Sec. Ut this cauon it
III enacted that wle the Bisoi, shall have reason to
believe. information, etc., that any clergyman IL
under iputatiun OF having been guilty any ofense
misconduct for which l,c is abio tu be tried" lle
shall spout three PERSONS two Of whom Ut es: shal
be Presbyters to EXAMINE the case, who shaIl they
think there il s.rtaitient ground, make rrcsen:meat
S-r u oyites that thr l}i.uo or n case there is no
Bishop, thu Standing Committee shall appoint tho
place for trial. which must ba within the dlotc,e anu
psstp0ue tho trial for allne shoHi when iuH-
ticc demands It,. Src. ) declares
HOW THE COURT SHALL CONSTITUTED,
Sec. provides for tho service Of notices. the
csed and upon Of the prc4enEs, aud for tne AZ
loSance Of advocates l'roors to each party. Sec.
cnacts that all testimony the r. stall be in
writlnE Ser. 6 declares that in Of the cuItcs-
sion of the accael before trial, line B-hop taaiI,
with tie consent and approval of the Standing Co1u-
uit.ec, proceed to Pass sentence" otherwise the
cu4ed shall ba considered denying this charges.
Set. provides that upon tile Court being duly CONSTITUTE
I'd, they shall reeiSe such evidence he adduccd,
aud lrescr1bea the form in which tho YER
dict shall be rendered, and for the service OF
COPY OF fAt ferIfct upon the accused,
md that the original verdict with the evidence, EL
be delivered the Bishop vino Ela. before the adj
journnent Of tho Court, II present, pronounce sur
canoufral scutenss thereon shall appear to hi1
pruIcr provided the exceed not in severity the
eeeucc awarded by tA. assc.torr, aud such
teuce shall BE- final, sunless trial shall
be granted" Section dcclres how citations |
md notices to parties and witnesscs hla be serve
Section provides how The expense Uf the tri1l shall
Ie paid. The last section {No Iu is follows; mo
clergyman shall be suspended. receive any Public
censnre from the Bishop o{ the diocese, without hav-
g been asjudged thereto in the manner pruvlded by
this canon-H
By the several sections Of this canon method OF |
procedure is provided for in any where any
c'tr,s.ual Is under mpntaton If having bccn guilty
any oaense misconduct for which ha is Gaule to
bc tried"
4 CHURCH COCRT
is constituted, and the Of trsl defined. In
the accused, after presennent and before trial
suall confess the Bishop tlcu can Only sentence
with the consent and approval OF the Standing COM
1nit'ec.' II the accused proceeds to tEia and the
finding Of the Court il against him. the Bishops pow
er sentence is again limited, tat it shall " not
exceed in severity the sentence awarded by the
so1B." And then the last ecctjn Of the canon has de-
cared that there Rha1 be sentence Of suspension
ccnsure by the Bishop unless the accused has been
adudged thereto by the ecclesiastical court created by
the CANON.
In view Of such clear and emphatic language, pre-
scribing particularly uloe Of tr4l for all eccle-as
cal oCenses aud limiting the EpiscoEal power, it
1rh3 fDf4 tart Ieaf1 he |