Ramsey v. Hicks
| Decision Date | 23 April 1909 |
| Docket Number | 6,948 |
| Parties | RAMSEY ET AL. v. HICKS ET AL |
| Court | Indiana Appellate Court |
Rehearing denied October 29, 1909, Reported at: 44 Ind.App 490 at 522.
From Superior Court of Vanderburgh County; Alexander Gilchrist Judge.
Action by James W. Ramsey and others, as trustees of the Washington congregation of the Cumberland Presbyterian church in Daviess County, Indiana, against Joseph P. Hicks, and others. From a judgment for defendants, plaintiffs appeal.
Reversed. (For decision on transfer to Supreme Court, see 174 Ind. -- ).
William Reister, George W. Shaw, W. C. Caldwell and Heffernan & Mattingly, for appellants.
A. P. Humphrey, John M. Gaut, Joel E. Williamson, Ogdon & Inman and Hastings, Allen & Hastings, for appellees.
This is an action of ejectment, brought by the appellants against the appellees, to recover possession of a certain lot of ground on which are situated the house of worship and manse of the Washington congregation of the Cumberland Presbyterian Church, in Daviess county, Indiana, and for mesne profits during the wrongful and unlawful detention thereof. The complaint is in the statutory form, and the answer is a general denial. The finding and judgment were for the defendants. Plaintiffs' motion for a new trial was overruled, and such ruling is the basis of error assigned.
The litigation grew out of proceedings had to unite the Presbyterian Church in the United States of America and the Cumberland Presbyterian Church. Appellants deny that such union was accomplished, and are here as representatives of the Cumberland Presbyterian Church. The appellees, asserting that the Cumberland Presbyterian Church was incorporated into the Presbyterian Church in the United States of America, claim the property in question for that organization. Which of the bodies is the owner of the real estate depends upon certain legal propositions, to understand which, it seems to be necessary to set out facts at considerable detail.
The confession of faith of the Presbyterian Church was formed by what is known in history as the Westminster Assembly. This body was appointed by the long parliament of England. It consisted of 123 clergymen and 30 laymen--10 of whom were lords and 20 commoners--together with 4 clerical and 2 lay commissioners from the church of Scotland. This notable assembly held its first meeting on July 1, 1643, and continued to sit till February 22, 1649--six years. The doctrines agreed upon by that convocation constitute the confession of faith of the Presbyterian Church. Because the theological views adopted were, in the main, those of John Calvin, those who adhere to that system are called Calvinists. Certain articles of that creed are as follows:
"III. By the decree of God, for the manifestation of His glory, some men and angels are predestined unto everlasting life, and others foreordained to everlasting death.
IV. These angels and men, thus predestined and foreordained, are particularly and unchangeably designed; and their number is so certain and definite that it cannot be either increased or diminished.
V. Those of mankind that are predestined unto life, God, before the foundation of the world was laid, according to His eternal and immutable purpose, and the secret counsel and good pleasure of His will, hath chosen in Christ, unto everlasting glory, out of His mere free grace and love, without any foresight of faith or good works, or perseverance in either of them, or any other thing in the creature, as conditions or causes moving Him thereunto; and all to the praise of His glorious grace.
VI. As God has appointed the elect unto glory, so hath He, by the eternal and most free purpose of His will foreordained all the means thereunto. Wherefore they who are elected, being fallen in Adam, are redeemed by Christ, are effectually called unto faith in Christ by His spirit working in due season; are justified, adopted, sanctified and kept by His power through faith unto salvation. Neither are any others redeemed by Christ, effectually called, adopted, justified, sanctified and saved, but the elect only.
VII. The rest of mankind, God was pleased, according to the unsearchable counsel of His own will, whereby He extendeth or withholdeth mercy as He pleaseth, for the glory of His sovereign power over His creatures, to pass by, and to ordain them to dishonor and wrath for their sin, to the praise of His glorious justice."
In 1903 the Presbyterian Church in the United States of America revised its confession of faith by adding thereto the following declaratory statement:
"While the ordination vow of ministers, ruling elders, and deacons as set forth in the form of government, requires the reception and adoption of the confession of faith only as containing the system of doctrine taught in the Holy Scriptures, nevertheless, seeing that the desire has been formally expressed for a disavowal by the church of certain inferences drawn from statements in the confession of faith, and also for a declaration of certain aspects of revealed truth, which appear at the present time to call for more explicit statement, therefore, the Presbyterian Church in the United States of America does authoritatively declare as follows:
(1) With reference to Chapter III of the confession of faith: That concerning those who are saved in Christ, the doctrine of God's eternal decree is held in harmony with the doctrine of His love to all mankind. His gift of His son to be the propitiation for the sins of the whole world, and His readiness to bestow His saving grace on all those who seek it. That concerning those who perish, the doctrine of God's eternal decree is held in harmony with the doctrine that God desires not the death of any sinner, but has provided in Christ a salvation sufficient for all, adapted to all, and freely offered in the gospel to all; that men are fully responsible for their treatment of God's gracious offer; that His decree hinders no man from accepting that offer, and that no man is condemned except on the grounds of his sin.
(2) With reference to Chapter X, § 3, of the confession of faith: That it is not to be regarded as teaching that any who die in infancy are lost. We believe that all dying in infancy are included in the election of grace, and are regenerated and saved by Christ through the spirit, who works when and where and how He pleases."
The following declarations, among others, were also added:
"I. God, in infinite and perfect love, having provided in the covenant of grace, through the mediation and sacrifice of the Lord Jesus Christ, a way of life and salvation, sufficient for and adapted to the whole lost race of man, doth freely offer this salvation to all men in the gospel.
II. In the gospel God declares His love for the world, and His desire that all men should be saved reveals fully and clearly the only way of salvation; promises eternal life to all who truly repent and believe in Christ; invites and commands all to embrace the offered mercy; and by His spirit accompanying the word pleads with men to accept His gracious invitation.
III. It is the duty and privilege of every one who hears the gospel immediately to accept its merciful provisions; and they who continue in impenitence and unbelief incur aggravated guilt, and perish by their own fault."
In the latter part of the eighteenth century, and the beginning of the nineteenth century, a part of the territory now comprising middle Tennessee and Kentucky was called the Cumberland country. In the beginning of the nineteenth century there developed in this Cumberland country an extraordinary religious awakening, which was afterwards known as the revival of 1800. This revival was originated and promoted largely through the Christian activity of a large number of ministers and laymen of the Presbyterian Church, who were afterwards known as the "Revival party." The revival movement, and especially its methods, were opposed by some of the most conservative Presbyterian ministers and laymen of the Cumberland country. They soon became known as the "Anti-Revival party." There were not enough ministers in that section of the country efficiently to carry on the revival work, and the emergency did not allow time to educate new ministers according to the Presbyterian standard of education. Devout laymen, in some instances, undertook, under these peculiar circumstances, to explain and enforce the teachings of the gospel, and, their efforts proving successful, the Cumberland presbytery of the Presbyterian Church ordained them to the full work of the ministry. The Presbyterian synod appointed a commission, and cited all these preachers and public exhorters to appear before it and answer to the charge of not adopting the confession of faith in its entirety, and to submit to an examination in "the learned languages." Upon deliberation, the commission formally prohibited all the men, whom the Cumberland presbytery had licensed and ordained, "from preaching the gospel in the name of Presbyterians." Whereupon an agreement was made and signed by Samuel McAdow, Finis Ewing and Samuel King, creating the Cumberland Presbyterian Church.
These young men in their evangelistic work naturally made prominent and emphatic the free agency of the individual in accepting the plan of salvation. In this way their attention was an especial challenge to the teachings of the Westminster confession of faith as to the doctrines of election, foreordination, the eternal decrees, and the correlated doctrines.
The Cumberland presbytery, in 1810, issued a circular letter giving at length the reasons for the organization of the new denomination. The document is direct and simple in statement. It was the...
To continue reading
Request your trial