The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-01-26
CHURCH COURTS.
Views OF Lord Chief Justice Colerldse
on the
suaeiiyus aud sospr OF the Ecelcsi'
aslisal Courts.
Where sls,s .ua ossr.s Coua TEL.

Where slGii hud thdfeh Nou' lc''
The lerd CHIEF iuitics publishes IN tte
London Guardian nis views on the general
sublsot VI 0olIe.ss ice dis'inii1t - ~ nat
hr0n nui 80 40 tnitk- % nuant ID w. lhob
sra set forth 800 "a mruu' INnm ulsHh ep
nor The ecrp-iNilysI cuuiu % mm''el'N'
o. this mtm0rsuuu'f, winch ~ hr"Nt' /
Confidential, Lord telsfifN remarks
tdat the fsYt0nh boz. uHsrItug conn Itnct no
rs.pocf 10 % nave ceased tn operate lhr
document, PUB itHsd are fs ioIloH
"EItfsc.s nom tnt m.lufra oi lNr mr,''
| inr held al Friday, hove0ngf 'lth 1881
"Tbs AfcIhAl0n ~ Anrk moved Tact
nt she ufst Mrnsus IN l''t 10 Do 'rNfa
| Die a. da.u 't fn. '.t-'t r'4fs. 4' 'N'
commission sui COS ne u hssia i'r such
ditca,,.pn be- .uuIl tl dc.Irh'o tii.. some
m1mh 10 NJ tAp rHmmIsti.n should drhs
/ up proncBtls o. tIflr p5-s 1ie constitution
/ Of the Fscls.i-p'irtl CuuT,a in iur iuiufti
not for immediate aios Jon, but % guide
! ia, future pfoc'falulH.'
"A fcr som, di,rus.iun fhs motion vas
oarrisd nom con 10 ne.uf uhd'f'.'ol wa.
| thu propCg ions FerH not tl pc c1hFlisttu
as pledsinE tur pslp07ere % here In the
views onupoAed.
THE following commissioners under
took AZ thu request OF thc president, 10
make such proportions; TOO Archbishop
OF YORK, tho L1a Co.Uf.dyf, Canon
stubbbp. Canon WeitcotI, Af. a. CHARLIE.
! "Goniidrnlihl
The lord Chief justice o. England, In
obedience tu 10 suggestion OF ms giace the
! afchbisnop 90 Canterbury, begs leave tn
| submit The following PROPOSE ions iJr tho
consideration " the comm. fHon;
40 That wben the sty.y grants or pcr'
mits public poition ur paDlic privileges or
4 the holding 81 property lp mortmatn - tue
msmberu or the oficsrs NJ suy re.i giOue
body, Il follows that .he s'aiH must have
authority over tho dOct iues ana practices
OF the body 20 whicH 10 grants or permits
such position sud privileges, and such
| holding o. propeIty.
"i2) That the British parliament has al.
ways asserted such authority, not n,
| claImlng 10 detiuo religious truth, but
AZ elscting tho doctrines snd prsc-
tices to which, and IN what parts
ofthe empire IN fact, 10 chOosos from
| time 10 time 10 annex tho position, und
privilege, ana properly nforeraid-e'. 81
Episcopscy IN England, Presby'erisnlsm
| In Scotland, Romss Catnolicisfn in Malta,
and ill lately, IN Canada.
"(D That all coercise jurisdiction must
come from the state.
80 Thai uhsne,er the tenure OF property
sr OF 4 puolic position depends upon the
| holding or not holding ot parton opin'
ions, or the performance Of or aostGniog
1
| Iily incident 10 tho determination Of ques-
| tiona OF property or position, dependent ~
aforesaid that the Tibunel before which thu
| questions ar- litigAted should dstermine Gs
TO the holding or not holding, the perform
Hnca or performances IN iGol, ui the doc
triues or act Oh which tho property or po'
sitio1 depends
"5) That the determination o'such ques.
| lions IL for the tribunal II the stale, which
| grants or continues temporal privileges on
oertsiG terms; and such questions Glmoet
always depending npon the proper con-
btruciiOn of the farms contained IN wfi'teR
documents trained legal judges arc the
most proper (or the only proper members
| OF such q tribunal.
"(6l That the presence of eco esi3stlce, Is.
peciaily II OF the rank OF hiHnops, Oh such
| tribunals, IL ineIpedIeEt. ~ II appt ars 70
give the tribunal q spiritual authority,
which IL does not ara ought not 10 possess
and, though II really corters DO such su'
| thority, the appsacsnce IL often the cause
OF ofIenge TO the feelings and conscience OF
the clergy, while Vt the Same time 1t adds
and can add nothing TO the authority OF The
| tribunal, considered az on9 concerned with
legal questions aud legal Interpretation
only.
"(7) That DO tribunal in this country can
6a considered satisfactory fron the suth0r-
ily OF wsich any OF the Queens subjects
afo Theoretically Or practically exempt.
| "(s) Thai no tribanhl in this ccsntry can
| bn considered satisfactory tbs coGnposinsn
o. which can BIZ, and is, for the hearing OF
particular cases, ipieffered with By tho
executive government.
| "(W That no tribunal In this country can
wv considered satisfactory IN which the
judges can not openly exsreis their opin-
Ions.
| "QO) That the difference oil principle
which has guided the determinations OF
the judicial committee of the privv council,
| according "a the variations Tor which toll
GRAFTON was claimed before IL were vsria.
| tons in doctrine or variations in practice,
is lust cause for dissatisfaction and dis.
| trust
"QD That with reference 10 all Cases OF
moral delinquency ~ woGld b. advisable 10
encourage the personal jurisdicuon ot the
Bishop with ssingle appeal from MS dtcls'
ion. No alteration il toe present ptocedur'
seems desirable in cases IN which the COZ
submits himsslfto the bishop. Where he
docs not, tribunal, such MS the present
com mission OF inquiry, with power, not AZ
a. present, to report, but 10 hear ana de'
termiue The case With single appeal,
would seem proper one. some person
with legal raining should ALWAYS be u
mem Der OF tho cOmmiss o., ana the appeal
should be q legal tribunsi OH points OF The
law only. Costs and expenses OF eccletias'
tical discipline should be borne Alter
proper taxation By the ecclesiastical COM
mission. Pleading aud procedure in con-
tentious cases should follow, as near as may
be, tho practice and procedur. OF the su-
preme court.
02) Contumacy of ecclesiasiiCs, per
sisted In for three mon,hs after iinal sem
tence, should be followed by deprivation
Deprivation 10 be pronounced after hear
iur, upon notice, A. to tho single question
OF con,umaoy In fact. 'CoLERIDan."
"a
Ponds Extract.
Used for the past thirty-hve years by
physicians Of all schools for rheum tism
neural ia, aches, piles and homorrhsgts.
Naturally Polite.
IL 4 -A.nn M