The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-01-31
CHURCH COURTS.

CHURCH COURTS.
Views NJ Lord Cblef Justice Colsrldg,
On ihr
Functions aud Scope ~ tho Ecclesl'
asllcli Courts.
Where State aud Church Conf ic'.
The lCTl chief justice publishes IN I've
London Guardian his views un the general
subject of ecclesiastical discipline ~. u ma
been aud ~ no thinks u ought % BE-, They
are frt forth In memorandum drawn AZ
tor the ecce'laslic,l cOu'ts commission,
OF this mem IRA ndnm. which Is headed
"COhtdential," Lord Cnlsr,dge TsmarSs
that the reasons for observing eOnhieLcr IN
respect to It hays ceased ~ operate. Tue
documents published are - follows:
Extracts frem the minutes oi the meet
ing held on Friday, November 25th, 1881;
The Archbishop OF York moved That
a. the first meeting In 1852 IL Is desirA'
BILE to discuss the future course OF the
commission, aud that ns q basis for such
discussion II would be desirable that come
members OF the commission should draw
up proposals as to the possible constitution
OF the Ecclesiastical courts In the future;
not for immediate adoption, but to guide
tho future proceedings
"After some discussion the motion WAS
carried nom con, IL being understood that
the propositions were not to be considered
as pledsins the proposers TO adhere TO the
views enunciated.
THE following commissioners under.
took. ~ the request OF the president, to
mako such propositions: Tbs Archbishop
OF York, the Lord Coleridgs, Canon
stnbbb.,, Canon Wsstcots, Mr.. A. Charles.
"Coniidentisl.
"The lord chief justice OF England, In
obedience to a suggestion Of his grace the
archbishop OF Canterbury, begs leave TO
submit the following propositions tor the
consideration Of the commission:
"Q) That wnen the state grants or per-
mits public position or public privilege or
the holding OF property in morimain to the
members or the officers OF any religious
authority over the doctrines and practices
of tue body to which 1t grants or permits
such position and privileges. and such
holding OF property.
"(2) That the British parliament has al.
ways asserted such authority, not as
claiming to define religious truth, but
as electing the doctrines and prac-
toes to which, and In what parts
Of tue empire, in fact, 1t chooses from
time to time to annex the position, and
privilege, and properly aforesaid-e. G.,
Episcopncy in England, Preseytrrianism
in Scotland Roman Catholicism In Malta.
and till lately, in Canada.
"(3) That all coercive jurisdiction must
come from the state.
80 That Whenever the tenure OF pro perty
or of q public position depends upon the
holding or NOT holding OF psrtlculsr opin.
ions, or the perform apce of or abstaining
from particular out ward acts, it ia necessa-
rily incident to the determination of cues.
tons OF property or position, dependent as
aforesaid that the tribunal before which the
questions are litigated should determine as
to the holding or mot holding, the perform.
ancS or non. erformance in fact, OF the doc
triues or act on which the property or DO.
sitjon depends,
"(5) That the determination ofsuch or 3.
tionB is for the tribunal OF the stn'r which
grants or continues temporal ,5r'vilC.r. On
certain terms: and .uct uu.f.ons impsf
always dependiug upon . urOppA con-
struc, ion of the terms cor 10. nd In ? ttpp
documents trained legal luigss a., taa
most proper (or the only propeD r1.r lrf-
OF snch u tribunal
! 'f6) That the presence O. eCoics.aaI.r. rs.
pec,n,.i II OF the rank OF h,,naps. On .ugA
tribunals, iG inexpedient, ~ .J Rup. ars to
give the tribnvai a -spirltUa. authority,
which IL does not and ought not TO poss .ss;
and, though il really couIers no such au.
thortv, the appearance is oftsn the Gause
OF offense to the feelings aud conscience nj
| the CLERGY, while ut the same time it njds
and can add moi aing to TIE authority y. ,hs
| tribunal, considered as one concerned with
| legal questions and legal interpretation
| ONLY.
"(7) That no tribunal in this country can
b, considered satigf.c orr from the author
ity OF watch any of The Q.sen's 9ubjecGs
are Theoretically or prar.icsiy exempt.
'(S) That no tribunal 10 this country can
ba considered satisfactory tho com position
OF which can be, and is, for the hearing OF
particular cases in,eriered with by the
executive government.
10 That no tribunal in this country can
30 considered satisfactory in whica the
Judges can not openly exsrcss their opin.
ions.
"QW That tie difference OF Drinciple
winch has guided the determination of
the judicial committee of the prlvy council
a'coruipS no the warn ioh9 iof "niou W.
Grafton was Claimed before 1t were vafla-
tlohs 10 uoclrlhe or Varih'ions VI prac,lCe'
asa Just cause ior oiSsa''s'acVioh anu us
lrusI. " :, 4,
"lI rnat Win reference TO al cosss o,
encourage the psrsonni Jnri'nlciioh 0, ire
Ii