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JAY TO TRINITY CHURCH CORPORATION. 509 make such a contract is to be excluded from a seat in the Convention. We for our parts are far from being prepared to admit the validity and power of any canon to divest us of this right, or to punish or disfranchise a priest for exercising it. We know of nothing in the Gospel which forbids such contracts. To insist that we shall take a priest for better or for worse, and to keep him and to pay him whether he proves worthy or unworthy, faithful or unfaithful, whether we like him or whether we do not like him, is really demanding more than ought either to be demanded or to be complied with. It is said that the bishop may afford relief. It is true that he may ; but it is also true that he may not. As to the bishop's being the arbiter and judge of disputes between a congregation and their rector, we observe, that all such of their disputes as turn on questions of a civil nature belong to the jurisdiction of the courts of law ; and that no canon can either deprive those courts of that jurisdiction, nor divest any freeman of his right to have those disputes determined by the laws and by a jury of the country; and consequently, that no canon can or ought to constitute the bishop to be the arbiter or judge of them. But where the disputes turn on points of doctrine, we admit the fitness of their being decided by the bishop, so far as to settle the dispute ; but not in all cases so far as to settle the doctrine; for there has been a time when, if the people had continued to believe and adhere to all the decisions and doctrines
Title | The correspondence and public papers of John Jay - 4 |
Creator | Jay, John |
Publisher | G.P. Putnam's Sons |
Place of Publication | New York, London |
Date | [1890-93] |
Type | Books/Pamphlets |
Title | 00000536 |
Type | Books/Pamphlets |
Transcript | JAY TO TRINITY CHURCH CORPORATION. 509 make such a contract is to be excluded from a seat in the Convention. We for our parts are far from being prepared to admit the validity and power of any canon to divest us of this right, or to punish or disfranchise a priest for exercising it. We know of nothing in the Gospel which forbids such contracts. To insist that we shall take a priest for better or for worse, and to keep him and to pay him whether he proves worthy or unworthy, faithful or unfaithful, whether we like him or whether we do not like him, is really demanding more than ought either to be demanded or to be complied with. It is said that the bishop may afford relief. It is true that he may ; but it is also true that he may not. As to the bishop's being the arbiter and judge of disputes between a congregation and their rector, we observe, that all such of their disputes as turn on questions of a civil nature belong to the jurisdiction of the courts of law ; and that no canon can either deprive those courts of that jurisdiction, nor divest any freeman of his right to have those disputes determined by the laws and by a jury of the country; and consequently, that no canon can or ought to constitute the bishop to be the arbiter or judge of them. But where the disputes turn on points of doctrine, we admit the fitness of their being decided by the bishop, so far as to settle the dispute ; but not in all cases so far as to settle the doctrine; for there has been a time when, if the people had continued to believe and adhere to all the decisions and doctrines |
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