A BAPTIST MINISTER'S RIGHTS.

Dominion, Volume 5, Issue 1335, 12 January 1912, Page 9

A BAPTIST MINISTER'S RIGHTS.

IMPORTANT CHANCERY JUDGMENT. A judgment of vital importance to Free ■Churches was delivered in the High Court of Chancery on November 28 by Mr. Justice Warrington. The action (Nickson v. Dolphin) was brought by the present trustees of the Baptist chapel at I'ersnore, who claimed: (l) A declaration that tiie itetenuant, tlio Rev. Jonn Thomas Dolphin, had validly resigned the otiico o£ minister or pastor "ol the chapel and congregation, ana had ceased to nuid lt as lrom June 20, li)u!), ana (2) an injunction restraining him lro'n ohiciating or preaching, and an order to give up possession ol the cnnpel and house. Tne ueienuanr, counter-claimed that he wus minister and entitled to the income from the endowments. Mr. Jessel, K.C., who (with Mr. Cozens Hardv) apeared lor tlio plaintilis, stated that Mr. Dolpnin was elected minister at Pershoro in IIKI4, but difficulties arose, and at a church meeting on December 30, 1908, Mr. Dolphin expressed the view that it would bo better lor him to resign. No resolution was passed, but (we quote from '"i'he Times" report) the minute taken stated that he hau briefly announced that in the interests of the church and his own health it would be well il his ministry closed on or before June 2ti (the last Sunday in June), 1909. Un the following Sunday, January 3, he informed tiie congregation that he had given in his resignation, and possibly June 2ii would ho Iho last day ho should stand in the pulpit. At the next monthly church meeting, on February 4, I'JIB, the minutes of the meeting of December 30 were read and signed, and in'd statement arising ,out of tho minutes, Mr. Dolphin said that sincu ho intimated his intention to resign many members of the church and townspeople had asked him to reconsider Ins decision, and ho' had decided to do so and continue his ministry. His right to do so was questioned by some present, but after discussion.a resolution rescinding the minute dealing with tho resignation was put to tho meeting and carried by a small majority. He accordingly continued to officiate after June 26. Since January, 1910, the inconib of the endowments had been kept to a separate account and not paid to him, and eventually those proceedings were taken. Mr.. Jessel argued that tho rescinding of tho minute relating to the resignation was invalid, as it was dono .without notice.

In giving judgment, after hearing Mr. Cave, K.C., for the defcticc, Mr. Justice Warrington <>aid that the l'crshoro congrogation had do fixed rules as to the conduct of its alFairs, except the trust deed ami the Baptist cGXiunity, as a whale, had no fixed and definite rules Lt which the affairs of the several churches were conducted. He had been referral to a "Manual of the Order and Administration of a Baptist Church," written by.two distinguished ministers, and ' 'published with the imprimatur of. the.. Iluptist Union. But there appeared to be no eodc of rules affecting the conduct of the business of a congregation or the practice with regard to its meetings. The first question v 'i~ vhother the resolution of February i was binding on the congregation. The manual above referred to stated that niotious passed at one church meeting could not be rescinded without proper notice given at the nest church meeting. That was only cumnionscnse advice; but hero all that was doue was to direct tho person who kept the minutes to strike out the minute in question. There appeared to bo nothing to prevent the meeting from taking Mr. Dolphin's statement into consideration and expressing its views, and tho resolution was biriding on it. In his Lordship's opinion, Mr. Dolphin had not ceased to l>e minister. He had not fixed a definite period to his engagement, or stated that lie would give it up on a particular date. But even if ho had said, "I. intend to resign on June 2(5, and not before," he could have altered his intention with the assent of those to whom lie had communicated it. It was contended that to allow him lo withdraw his resignation was to reimpose him 011 the congregation. But the resignation had not been acted on or acquiesced in by the congregation, and he had therefore never ceased to be minister. The action must be dismissed with costs, and Mr. Dolphin was entitled to the relief claimed by tho counterclaim. This judgment may be contested in the Court of Appeal.