That his Excellency the last Term was pleased to communic|,te the Points upon which he Avas in Doubt and to desire that the farther arguments might be confined to these only -- (to wit). --
jst Whether as the Act directs that the money to be raised for the Support of the Ministry shall be drawn out of the hands of the Church Wardens, by Order from the Justices and Vestrymen, & not otherwise -- the Court has Power to compel them to pay the Salary by Decree % -- and --
2diy Whether these are proper and sufficient Parties before the Court to justify a Decree ?
These two Enquiries therefore shall be the Subject of the present Argument.
The Answer, where it might favor the Complain*, is expressed with extreme Caution. And even his Ordination, as an Episcopal Minister ; his Induction to the Living ; and the faithful Discharge of the Duties of his Function are not admitted. Eut these Facts are clearly estabhshed by the Evidence noted in the Margin. ^
We proceed to the first Point directed to be argued -- Whether the Court can relieve, the Words of the Act being that the Money shall be paid by Order of the Justices and Vestry & not otherwise ? xind in speaking to this Point we shall lay down and maintain the following Propositions.
Isi That the Acts in Question being expressly made to suppress Vice & Profaneness and for the advancement of Religion ; are to be taken by Equity and liberally expounded to obtain as far as possible the Ends which they propose. ^