CHURCH AND THE STATE

Ohinemuri Gazette, Volume XXI, Issue 2700, 3 October 1910, Page 2

CHURCH AND THE STATE

RECOURSE TO CIVIL LAW.

A PRESBYTERIAN DECLARA-

TION

[By Electric Telegraph.]

Sydney, October i

The Presbyterian General Assembly's committee on spiritual independence has presented its report on the position arising out of the case of Rev. Dr Frackleton, of Brisbane, wherein the High Court declared that the Civil Court had the right to review any decision of the Church Court, and that the sentence passed on the Rev. Dr Frackleton's action by the Queensland Presbyterian Assembly for appealing to the Civil Court was null and void.

The committee submitted to the Assembly a declaration, which was adop-

ted, setting out, inter alia, th.it the Lord Jesus, as king and head of the Church, has appointed the government and jurisdiction of the church officers, as distinct from Civil Magistrates. With this dis-

tinct jurisdiction the Civil Magistrate has no lawful right to interfere, or to

assume to himself any authoritative control over the same ; that in all mat-

ters coming within the jurisdiction of the church office-bearers and members of the church are bound to abide by the decision of the church courts, and recourse to the Civil court against a decision of the Church in these matters, or against the execution thereof, is excluded.

A declaration was also carried affirming the General Assembly of the Presbyterian Church of Australia, as the supreme legislative, administrative, and judicial court of the Church, possesses extraordinary jurisdiction to inherit every supreme, organising authority, commonly known as the mobile officium.