Leading Ecclesiastical Cases; Decided in the Court of Session, 1849-1874

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...them, it will be simply to the matter as a question of fact which comes before the Court, and on which its deliverance may require to be given. If I have to state that either party has grounds to object to the conduct or opinions of the other, it is only in reference to the point of fact--which entertains opinions which may reasonably be contended to be peculiar to the body to which all at one time belonged, or which has adopted a course to which those entertaining these opinions are entitled, as a consequence of their own views, to object. Least of all will the parties hear from me the slightest disposition to treat as immaterial or insubstantial any peculiar doctrines or differences of tenets to which, or to certain modes of expressing which, respectable bodies of Christians have attached importance, and which they have themselves described as material. A court of law, when necessarily called upon to decide a question of property in consequence of a difference of opinion among the members of a religious dissenting body, must feel most scrupulously tender as to subjects of difference to which these parties attach importance, and still more as to the grounds in respect of which one or other must suffer either total loss in the property of the body, or serious disturbance in the free and full possession and enjoyment of such property. On this account, it is of the very greatest importance to have some fixed legal principle, founded on just grounds, and of general application, clearly and authoritatively established, by which the Court are to be governed, however nice and perplexing may be the application of the principle in the circumstances of particular cases. That principle, I think, has been undeniably fixed--though there has been much...