Note 20 — V. THE PERIOD OF CONTROVERSY.

Dr. George E. Ellis, in Unitarianism: Its origin and History, 147. The most prominent instance was that of the First Church in Dedham, and this was decided by legal proceedings. "The question recognized by the court was simply this: whether the claimants had been lawfully appointed deacons of the First Church; that is, whether the body which had appointed them was by law the First Church. The decision of the court was as follows: 'When the majority of the members of a Congregational church separate from the majority of the parish, the members who remain, although a minority, constitute the church in such parish, and retain the rights and property belonging thereto.' This legal decision would have been regarded as a momentous one had it applied only to the single case then in hearing. But it was the establishment of a precedent which would dispose of all cases then to be expected to present themselves in the troubles of the time between parishes and the churches gathered within them. The full purport of this decision was that the law did not recognize a church independently of its connection with the parish in which it was gathered, from which it might sever itself and carry property with it." It was in accordance with the practice in New England for at least a century preceding the decision in the Dedham case, and the decision was rendered as the result of this practice.