Chapter XXII. Religious Services
308. Worship, Discipline, Innovations.—The denomination itself, according to its rules and regulations, determines what services shall form a part of its public worship. The inferior authority in the church has no right to violate the discipline by innovations. Whether or not devotional singing may be accompanied with instrumental music, must be determined by those who administer the discipline of the church.[550]
309. Doctrines, Temporal Affairs.—The fact that the congregation sells the pews does not give the owners the right to determine what doctrines shall be preached in the church, nor who shall preach them.[551] A majority of a local church can not change the faith of the church against the protest of the minority.[552] The corporation of the congregation is governed by the majority only in temporal affairs.[553] However, some [pg 167] of the Protestant churches are so independent that a vote of the congregation may transfer them from one denomination to another.[554]
310. Contributions, Presbyterians, Methodists.—Where certain persons by contributions built a church and the title was taken and held by the Presbyterians who permitted all other denominations to hold services therein, all of which was a condition of the subscriptions for establishing the church, when the Presbyterians sold out to the Methodists and they held it for their own exclusive use, those who contributed the money had the right to resort to the court to enforce their rights to worship in such church.[555]
311. True Religion, Courts.—Ordinarily the civil courts do not interfere where there is a question as to which of two or more parties is adhering to the true religious teaching of the denomination. If no question of property or civil rights arises, the court will not interfere.[556]
312. Heresy, Injunction.—Where a minister did not preach the doctrine and the entire system of Calvinistic theology received and taught by that denomination, he [pg 168] had no right to the pulpit of the church, and the court granted an injunction against his officiating therein.[557]
313. Bequest, Sects, Condition.—Where a bequest was made to erect a place of worship with the privilege for other sects to worship therein and forever to be used as such, the trustees in whom the title vested had no authority to sell without the consent of the grantor or his heirs; and the congregation having sold the church property and it having been thereafter used for a store, the grantor's heirs had a right of entry for condition broken.[558]
314. Sexton, Undertaker, Authorities.—The sexton who has charge of the church property may lawfully remove from the church an undertaker who, after being warned to desist and leave, persists in conducting the funeral in violation of rules prescribed by the authorities of the church.[559]