JUDGMENT : M.S. MENON, J. 1. This is an appeal by the first two of the four plaintiffs in O. S. No. 116 of 1955 of the court of the Subordinate Judge of Kottayam Of those two, only the first, Ninan Daniel, has entered an appearance before us. He will hereinafter be referred to as the appellant. 2. Plaintiffs 3 and 4 have been impleaded as respondents 7 and 8, and defendants 1, 2 and 4 to 7 as respondents 1 to 6. The 3rd defendant was removed from the party array by the order of the trial court dated 27-8-1955 on C.M.P. No. 3514 of 1955, a petition of the appellant filed for that purpose. Defendants 4 to 7 came on record in pursuance of a public advertisement under Order 1, Rule 8 of the Code of Civil Procedure, 1908. The petition filed by defendants 4 to 6 was CMP. No. 3861 of 1955. It was allowed on 1-11-1955. The petition filed by the 7th defendant was CMP. No. 4267 of 1955. That petition also was allowed on 1-11-1955. 3. The 1st defendant is the Metropolitan of the Malankara Marthoma Syrian Church. The suit which has been dismissed with costs sought a declaration that he had become an alien to his church, and that he had as a result forfeited his office, and an injunction restraining him from exercising the duties and privileges of that office. 4. The contention of alienage and automatic termination of office, as put before us, is based on an allegation of three departures from the tenets of the Marthomite faith. The departures alleged relate to the exclusive authority of the Bible, prayers for the dead, and the performance of the Eucharist or Holy Communion. It was common ground that if we came to the conclusion, as we have done, that there was no such departure, the other questions raised before the lower court and in this appeal will not arise for consideration and need not be dealt with in this judgment. 5. An elaborate disquisition on the history of Christianity on this coast - an interesting feature of many judgments - is unnecessary for the decision of this case. All that need be said is that the Marthomites believe that their church owes its origin to the mission of St. 5. An elaborate disquisition on the history of Christianity on this coast - an interesting feature of many judgments - is unnecessary for the decision of this case. All that need be said is that the Marthomites believe that their church owes its origin to the mission of St. Thomas, that in its long history from apostolic times it was corrupted first by the Roman Catholic and then by the Jacobite influences, and that the reforming zeal of one Abraham Malpan produced their independent church about the year 1877. If more details are required, they are readily available in Ext. AB, “A History of the Mar Thoma Church and its Doctrines” by K. K. Kuruvilla (Pw. 4), and Ext. AD, a booklet of the 1st defendant (Dw. 1) entitled “Christianity in India and the Mar Thoma Syrian Church”. Information is also available in Ext. AO, a judgment of the District Munsiff of Mavelikara dated 20-5-1924, and in 26 Travancore Law Reports 148 and the earlier decisions of the Travancore High Court referred to in paragraph 3 of that judgment. 6. That the intellectual foundations of the Marthomite church owe a great deal to the labours of the Church Missionary Society cannot be denied. It is equally clear that the immediate occasion for the break-away from the Jacobites was the failure of Mar Thomas Athanasius in S.A. No. 3 of 1061 of the Travancore Royal Court of Final Appeal. The majority decision in that case was: (1) that the ecclesiastial supremacy of the See of Antioch over the Malankara Syrian Jacobite Church had all along been recognised and acknowledged by the Jacobite Syrian community and their Metropolitans; (2) that the Metropolitan of the Malankara Syrian Jacobite Church should be a native of Malabar consecrated by the Patriarch of Antioch or by his duly authorised delegates and accepted by the people as their Metropolitan to entitle him to the spiritual and temporal government of the church; (3) that the appellant - Mar Thomas Athanasius - had neither been properly consecrated nor accepted by the majority and therefore had no title to the dignity and office of Metropolitan; (4) that the respondent - Mar Dionysius - had been so consecrated and accepted; and (5) that Mar Thomas Athanasius should, therefore, surrender to Mar Dionysius the insignia and office of Metropolitan of the Malankara Syrian Jacobite Church and the properties belonging to that church. 7. Thanks to the devoted labours of many willing workers, the Marthomite church soon grew in strength and influence. Mar Thomas Athanasius who died in 1893 was succeeded by Titus I who died in 1911, Titus II who died in 1944, Abraham Mar Thoma who died in 1947 and the 1st defendant. Ext. Z, an elaborate and carefully drafted instrument of the time of Titus II, embodies the constitution of the church. 8. The identity of a church - as stated by Lord Halsbury in (1904) AC. 515 - has to be gathered from its doctrines, creeds, confessions, formularies and tests. Conformity is naturally the essence of membership, and deviations to be tolerated must be within the latitudes permitted by the church itself. 9. Counsel for the appellant concedes that departures from anything other than the fundamental tenets of the Marthomite church will not spell schism or alienage. It is a curious feature of this case that admittedly there is no specific statement by the appellant or any of the witnesses to the effect that the departures alleged relate to tenets which are fundamental in the faith of that church. 10. We shall deal with the departures alleged in the order in which they are given in paragraph 4 of this judgment. The position of the Bible - the 66 books canonically recognised, 39 of the Old Testament and 27 of the New - really affords no room for controversy. Its supreme and paramount character is clearly proclaimed in Article 3 of Part I of Chapter I of Ext. Z. 11. Subsequent to the decision of the trial court the 1st defendant issued a message to his flock on 29-12-1958. A copy of that message has been produced by the appellant and marked by us as Ext. BW with the consent of the respondents. Paragraph 1 of that message says: XXX Any other language XXX 12. Counsel for the appellant agrees that his client can find no lacuna in these statements relating to the authority of the Bible or suggest any addition or alteration which will make them a better or clearer summary of the Marthomite faith. His only contention is that on earlier occasions the Metropolitan had said something different and that by such statements he had brought about a forfeiture of his office. 13. We are unable to agree. His only contention is that on earlier occasions the Metropolitan had said something different and that by such statements he had brought about a forfeiture of his office. 13. We are unable to agree. So far as we can gather from the evidence on record the Metropolitan has said the same thing all through. The wording has no doubt varied; but the idea has been the same; and we cannot possibly allow the appellant to exaggerate mere verbalistic differences into fundamental cleavages of faith, and claim relief on the basis of his own exaggeration. 14. The second of the departures alleged relates to prayers for the dead. The area of controversy on this subject, as disclosed by the evidence, is extremely narrow. 15. It is common ground that the Marthomite church does not believe in purgatory or that the suffrages of the living will assist in the salvation of the dead. They do not offer masses for the dead or congregational prayers for their benefit. The categorical statement of the Metropolitan embodied in Ext. BW is: XXX Any other language XXX 16. The Metropolitan has, no doubt, said that individual “prayers” regarding the dead in another sense of the term - not as a supplication for favours on their behalf; but as an act of remembrance and an affirmation of faith - are within the degrees of tolerance allowed by the church. We are unable to see anything in the tenets of the Marthomite faith as established in this case which inhibits the granting of such a latitude. There can be no doubt that in the higher reaches of worship and devotion, when you say “Thy will be done”, prayer by a supreme paradox rises above its petitionary form, becomes an end in itself, a mystic means of communion with God. 17. Ext. XII- produced in this court and marked with the consent of the appellant - contains the funeral service of the Marthomite church, a service which the appellant does not attack as opposed to the principles of his faith. The service contains the following passage: XXX Any other language XXX Nothing in what the Metropolitan has stated as permissible for a Marthomite when on his knees and in communion with his God goes beyond what is embodied in that passage. 18. The third of the departures alleged by the appellant relates to the Eucharist or Holy Communion. The service contains the following passage: XXX Any other language XXX Nothing in what the Metropolitan has stated as permissible for a Marthomite when on his knees and in communion with his God goes beyond what is embodied in that passage. 18. The third of the departures alleged by the appellant relates to the Eucharist or Holy Communion. It is one of the two great sacraments of the Gospel and is at the very centre of Christian worship and devotion. There is however, a great variety in the manner of its celebration and a yet greater variety in the theological concepts of its meaning and significance. 19. The earliest attestation of the Eucharist is supplied by St. Paul in I Cor. xi. 17-34. I Cor. xi. 23-6 read as follows: “23 For I have received of the Lord that which also I delivered unto you, That the Lord Jesus the same night in which he was betrayed took bread: 24 And when he had given thanks, he brake it, and said, Take, eat: this is my body which is broken for you; this do in remembrance of me. 25 After the same manner also he took the cup, when he had supped, saying. This cup is the new testament in my blood: this do ye, as oft as ye drink it, in remembrance of me. 26. For as often as ye eat this bread, and drink this cup, ye do shew the Lord’s death till he come”. 20. For the first eight hundred years there is an almost complete absence of any Eucharistic controversy. From the beginning of the 9th century, however, speculative theology came into its own, and attempts at precision began to produce the inevitable conflicts of opinion. The wrangle started with Radbert’s treatise of 831. 21. The Committee on Christian Doctrine appointed by the Archbishops of Canterbury and York in 1922 has said that what causes division of theological opinion in the Church of England is not any question concerning the real and spiritual presence of the living Christ at every Eucharist, for that is acknowledged by all, but only the questions whether & in what way that presence is to be specially associated with the consecrated bread and wine. It goes on to say that with regard to the answer to those latter questions three main schools of traditional thought are to be distinguished and deals with those schools as follows stating at the same time that the classification involved is logically rather than historically exact, the actual teaching given by particular theologians being sometimes inconsistent and often ambiguous or perhaps intentionally indefinite: - “(1) The first school is that which teaches that the bread and wine in some sense really or actually become through consecration the Lord’s Body and Blood. Those who maintain this doctrine usually speak of the Lord’s Body and Blood as being present ‘under the forms of bread and wine,’ and therefore also of Christ Himself as being really present ‘in the sacrament’ (i. e., the outward sign). They would at the same time affirm that the manner of this presence is altogether spiritual, being apprehended only by faith and in no way perceptible to any bodily sense. The doctrine thus described is that of ‘the Real Presence’ in the narrower meaning of the phrase. It has been given greater precision in varying forms. Historically the most important of these forms have been (i) Transubstantiation, which received universal authority in the Western Church at the Fourth Lateran Council and has remained a dogma of the Roman Catholic Church, and (ii) Consubstantiation, which is the classical doctrine of Lutheranism. Of these transubstantiation is explicitly rejected by the Thirty-nine Articles; but the doctrine of ‘the Real Presence,’ even in that narrower meaning with which we are now concerned, is not exclusively committed to either Transubstantiation or Consubstantiation: the theologians of the Oxford Movement, who were mainly responsible for the revival of the doctrine of the Real Presence in the Church of England, rejected the Roman Catholic dogma of Transubstantiation, and did not on other hand, adopt Luther’s alternative theory. The doctrine which they revived is now, without any precise definition, widely taught by one school of thought in our Church. Among Anglican theologians of the present day a considerable number believe that this doctrine is sound in essence. Some of them are content with the use of traditional language to express it; but others, especially in recent years, have felt the need for some restatement of it designed to remove traditional objections; and various suggestions for such restatement have been made”. Some of them are content with the use of traditional language to express it; but others, especially in recent years, have felt the need for some restatement of it designed to remove traditional objections; and various suggestions for such restatement have been made”. “(2) Most clearly opposed to the doctrine of the “Real Presence” is that commonly known as Receptionism. Receptionism derives its name from its teaching that, though the Body and Blood of the Lord are really received by the faithful in the Lord’s Supper, yet their presence is real in the hearts of the recipients only, and not in the elements prior to reception. According to this doctrine the consecrated bread and wine are said to be the Lord’s Body and Blood only in a figure. The special presence of Christ, therefore, is to be associated not with the elements but with the reception of them. Moreover, many Receptionists would strongly affirm that Christ Himself is really and spiritually present at every Eucharist as the unseen host at his own Table. Nor would they deny that, as thus present, Christ offers Himself as their spiritual food to all communicants alike, although they would maintain that those who approach the Lord’s Table unworthily and without faith do not so receive Him. “(3) A doctrine intermediate between the two already mentioned is that called Virtualism. The Virtualist is not content to affirm that the consecrated elements are only a figure of spiritual realities. Like the believer in the ‘Real Presence’ he maintains that a spiritual change in the elements themselves is effected through consecration. But, in affirming that the bread and wine become the Body and Blood of Christ in a spiritual manner, he understands his statement to mean that the bread and wine become the Body and Blood, not in substance (as though the elements could be identified with the natural Body and Blood which were on the Cross), but in spiritual power and virtue and effect. Generally speaking, the holders of this doctrine desire to affirm that through consecration the bread and wine are endowed with spiritual properties which justify the description of them as the sacramental Body and Blood, or as being sacramentally the Body and Blood, while they shrink from language which would seem to them, to imply that the consecrated elements are the same as the flesh which was crucified and rose again from the grave. Virtualism, however is not always stated in the same way. Sometimes the language of Virtualists suggests Receptionism whereas more often it attributes a kind of sacredness to the sacramental signs which is only intelligible on the assumption that the Lord’s presence is specially associated with them”. 22. After dealing with the three schools as above the Committee concludes by saying: “It remains to be said that perhaps the strongest and most characteristic tradition of Anglicanism is to affirm such a real presence of Christ in the Euchurist as enables the faithful communicant both to receive His life as a spiritual gift and to acknowledge Him as the giver while at the same time the affirmation is combined with a determination to avoid as far as possible all precise, scholastic definitions as to the manner of the giving. It seems unfair to force into an artificial classification as though they were adherents of a particular ‘middle’ theory those who are thus reluctant to commit themselves to definition. Many Anglicans would point to the fact that their Church does not require them to hold any particular theory as to the manner of the Eucharistic Presence, and would say that for their part they find it quite unnecessary to do so”. 23. According to the appellant the view of the Marthomite church is the view of the receptionist and the Metropolitan has departed from that view. According to the Metropolitan the genius of the eastern churches has been to avoid watertight distinctions and leave an area of latitude in a region where so much depends on the recipient’s own experience. He states the position of his church as follows in paragraph 6 of Ext. BW. XXX Any Other Language XXX 24. Liturgy in the technical language of the Christian church is the order for the celebration and administration of the Eucharist. There are nine main families or groups of liturgies. He states the position of his church as follows in paragraph 6 of Ext. BW. XXX Any Other Language XXX 24. Liturgy in the technical language of the Christian church is the order for the celebration and administration of the Eucharist. There are nine main families or groups of liturgies. Four of them are of eastern, and five of western origin & use. Some of them are known by the names of the apostles with whom they are traditionally connected and the others by the names of the countries or cities where they have been prevalent. 25. The Encyclopaedia Britannica specifies the nine groups as the Syrian Rite, the Egyptian Rite, the Persian Rite, the Byzantine Rite, the Hispano-Gallican Rite, the Mozarabic Liturgy, the Gallican Liturgy, the Ambrosian Liturgy and the Roman Rite. What we are concerned with in this case is a liturgy coming under the first group, the Syriac Liturgy of St. James, or rather the remnant of that liturgy after the expurgations of Abraham Malpan. 26. Abraham Malpan died about 1846. The parties join in calling him the Wycliffe, the Luther and the Wesley of their church. 27. The Malpan left behind him no treatise on his reforms, no formulary like the Thirty-nine Articles of the church of England. We are left with the expurgations he made, and it is from them that we have to gather the tenets of the Marthomite church. 28. A few other sources of information, no doubt, exist, for example, the inferences from the negative statements of the Synod of Diamper, a memorial from the Clergy to Col. Fraser, the British resident, in 1836, a statement issued by the Reform Society in 1878 and a deposition of Mar Thomas Athanasius. These and all the other sources of information were tapped and went into the making of Ext. I, the report of a committee appointed in 1913. 29. The report is of the year 1920. Its summary of the reforms of the Malpan was affirmed by the General Assembly of the church in 1927. 30. The summary lists ten reforms to the Taksa - the office for the celebration of the Holy Communion - and three reforms to the practices of the church. 29. The report is of the year 1920. Its summary of the reforms of the Malpan was affirmed by the General Assembly of the church in 1927. 30. The summary lists ten reforms to the Taksa - the office for the celebration of the Holy Communion - and three reforms to the practices of the church. The reforms to the Taksa read as follows: “XXX Any other language XXX We take the view that the reforms of the Malpan as listed above support the stand taken by the Metropolitan and do not in any way militate against it. 31. The Taksas now in force in the church are Exts. V & N, and they have to be treated as the accepted Taksas of the church until modified by competent authority. Of these, Ext V was issued by Titus II in 1942 and Ext. N by the 1st respondent in 1954. The latter contains an introduction which gives an accurate summary of the enquiries and discussions that had taken place prior to the date of its publication on 1-4-1954. It is unnecessary to repeat that story in this judgment except to say that the attempts to attain unanimity though long and protracted, have not met with the success they deserved. 32. As regards Ext. N there were some resolutions for discussion at the meeting of the mandalam for May 1954. Those resolutions were referred to a committee nominated by the Episcopal Synod. The committee was directed to examine Ext. N in the light of those resolutions and to specify instances, if any, of the departures from the accepted faith of the church. 33. The appellant was a member of that committee. The committee, known as the Special Committee, submitted its report in 1955. Instead of pointing out the departures, if any, from the true faith it suggested a further revision of the Taksa and submitted a draft Taksa agreeable to the majority of the committee. That report was on the agenda for the mandalam of May 1955. It was discussed for two days and after a full debate was rejected on 11-5-1955. As an inference from this rejection it may be possible to say that Ext. N has obtained the approval of the mandalam of the church. The suit from which this appeal arises was filed on 29-7-1955. 34. According to the appellant Ext. It was discussed for two days and after a full debate was rejected on 11-5-1955. As an inference from this rejection it may be possible to say that Ext. N has obtained the approval of the mandalam of the church. The suit from which this appeal arises was filed on 29-7-1955. 34. According to the appellant Ext. V has to be modified as directed in Ext. AP dated 24-1-1120. According to the Metropolitan Ext. AP is an unauthorised communication by the Secretary of the Council of the Church after the death of Titus II and prior to the installation of Abraham Mar Thoma, and the latter or the church has not accepted the amendments specified therein. 35. An epiclesis in some Christian liturgies is a part of the prayer of consecration in which the Holy Spirit is invoked. Such an epiclesis appears in Exts. V and N. The epiclesis in Ext. V is: XXX Any Other Language XXX Our conclusion is that the epiclesis as given in Ext. V - whether Ext. V is considered as it stands or in the light of Ext. AP - and Ext. N support the Metropolitan in the view he has expressed . 36. It is admitted that Ext. III is a true rendering in Malayalam of the Syriac liturgy of St. James as edited by Abraham Malpan. The epiclesis in Ext. III is: XXX Any other language XXX The appellant was asked about Ext. III. He said: XXX Any other language XXX His attention was drawn to the other Taksas available in the church. He had objections to every one of them. 37. Resolution No. 2 appearing on page 9 of Ext. I reads as follows: XXX Any other language XXX That was a unanimous resolution of the Special Committee, and the appellant as a member of that committee had subscribed to it. He was asked about this resolution which embodies nothing else or other than what the Metropolitan has expressed. He said: XXX Any other language XXX Such dynamism in religious concepts may be due to advancing age or increased erudition. All that we need say is that the Metropolitan cannot be blamed if he fails or refuses to keep pace with the appellant. 38. Two incidental questions remain to be considered, and with a consideration of those two questions we can close this judgment. All that we need say is that the Metropolitan cannot be blamed if he fails or refuses to keep pace with the appellant. 38. Two incidental questions remain to be considered, and with a consideration of those two questions we can close this judgment. The first relates to the concept of the Eucharist as a sacrifice. According to the appellant the Marthomites should not consider it as a sacrifice in any sense of the term. According to the Metropolitan it can, in one sense, be so considered, as an unbloody sacrifice, a sacrifice in the form of prayer and song. 39. Sacrificial societies are as old as history, and in primitive times the priest, the victim, the oblation and the immolation were familiar features of a way of life through death. The Christian writers of the first two centuries make it quite clear that the Christian sacrifice was primarily an offering of the fruits of the earth to the creator as a thanks-giving, partly for creation and preservation, and partly for redemption. It is equally clear from the evidence of the early liturgies that at least for six centuries that conception of the nature of the Christian sacrifice remained the same. In the course of the 8th & 9th centuries, however, the theory which is found in Cyprian became the dominant belief of Western Christendom and the central point of the sacrificial idea was shifted from the offering of the fruits of the earth to the offering of the body and blood of Christ. The reaction against the medieval theory at the time of the Reformation altered the idea to the offering of a pure heart of vocal thanksgiving, to the singing of praise, to contrition for sin, to the life of obedience. 40. According to Gundert the word ''_en" means a sacrifice. Ext. I uses the word _en and when it says (XXX Any other language XXX) it supports the Metropolitan and justifies his view. 41. The second of the two questions relates to a hymn in Ext. N. The hymn reads as follows: XXX Any other language XXX According to the appellant the hymn occurred in the Jacobite liturgy of the time of Abraham Malpan and was removed by him. 41. The second of the two questions relates to a hymn in Ext. N. The hymn reads as follows: XXX Any other language XXX According to the appellant the hymn occurred in the Jacobite liturgy of the time of Abraham Malpan and was removed by him. The evidence on record does not establish either the presence of the hymn in the Jacobite liturgy of those days or its removal by the Malpan, and those allegations were repeated before us. The only contention was that the hymn is opposed to the Marthomite faith and should not have found a place in Ext. N. 42. We are unable to agree. Consistent with our view on the relation of the inward gift to the outward elements in Marthomite theology we must hold that the objection to the hymn is unfounded and cannot be sustained. The idea behind the hymn is apparently traceable to St. Paul’s Epistle to the Corinthians and the evidence on record shows that it was being sung by Titus II and other admittedly eminent prelates of the Marthomite church like Philipose Kaseesa and Olasseril Achan. 43. According to the appellant the C.M.S. Missionaries whose work influenced Abraham Malpan and sparked the reformation belonged to the “low” or evangelical school of the Anglican communion. They were adherents of the strict receptionist view of the Eucharist-that the bread and wine in holy communion are merely tokens, not channels, of the inward grace; outward signs, like water in Baptism, which are brought into no vital relation to the divine realities they represent - and as such Abraham Malpan should be considered as having adopted their view. There is no justification for this assumption. If Abraham Malpan wanted to endorse everything that the C. M. S. stood for, he would have certainly had the courage of his conviction to throw in his lot with them. He did not do so and the fact that he refused to submerge his identity in that church and became the founder of a new one indicates that the entire outlook and philosophy of the C. M. S. was not brought into the Marthomite faith. 44. Another thing to remember in this connection is that both the ‘high’ and the “low” or evangelical schools find solace within the framework of one church. If any timely reminder of that is required, it is evident from the fact that Dr. 44. Another thing to remember in this connection is that both the ‘high’ and the “low” or evangelical schools find solace within the framework of one church. If any timely reminder of that is required, it is evident from the fact that Dr. Ramsey who has been appointed as the 100th Archbishop of Canterbury is “high” while his successor at York, Dr. Coggan, is evangelical. 45. We have virtually been taken through the whole of (1904) AC. 515 Maitland’s comment on the decision was that in it “the dead hand fell with a resounding slap upon the living body”. But that was as it should be. As pointed out by Mr. Justice Nokes in (1946) TLR. 683 what the decision did was to reinforce two accepted propositions of law: “first, that the application of funds for one trust to a different trust, in the absence of any provision in the trust instrument for variation, is a breach of trust, and the breach of trust is not affected by the fact that the majority of the beneficiaries of the first trust wish to change the purpose of the trust, for the original purposes of the trust must be the guide, and when men provide money for a particular object their successors have no right to change the object endowed; and secondly, that one religious trust is different from another when the fundamental principles accepted by the rival claimants to the trust property are different”. In other words all that the decision did was to affirm that you cannot betray a trust and still enjoy its perquisites and bask in its bounty. 46. Speculations are inevitable in any religion as old as Christianity. Aramaic, the language in which Christ taught, was by no means a language rich enough for the richness of his teaching; and as somebody has said, the history of Christianity between the time when the first Christian congregation fled from Jerusalem and a century later is like a plunge into a tunnel. We know that it came out with articulated institutions like churches, clergy and sacraments and a subtle and proleferating theology. We do not really know, anything very much, about what happened in the tunnel. 47. In a case like the one before us what we can, and need, ask is: Has the Metropolitan departed from the written constitution of his church? We do not really know, anything very much, about what happened in the tunnel. 47. In a case like the one before us what we can, and need, ask is: Has the Metropolitan departed from the written constitution of his church? Has he deviated from the fundamental teachings of his church as established by the acceptable evidence on record? We have no hesitation in saying that the answer to both the questions should be in the negative. 48. The lower court in dismissing the suit and directing the plaintiff to pay the costs has written a fairly longish paragraph on the attitude of the plaintiff and the springs of his action. Counsel for the appellant said that the discussion was unnecessary, & that all that the lower court need have done was to say that the costs will follow the event. 49. We are in agreement with this submission. It is unnecessary to consider whether the action of the appellant stems from his affection for the church or his animosity to the Metropolitan. It may be the one or the other; or as very often in life the motives may be mixed. We will only say: The appeal fails and is dismissed. The appellant will pay the costs of the appeal. 50. In closing this case we record our indebtedness to the various books cited at the Bar and to various articles in the Encyclopedia Britannica. From those books and articles we have derived assistance not merely for the clarification of our ideas; but also, in many cases, for the very phrases in which those ideas have been expressed. We also record our appreciation - and gratitude - for the way in which counsel have presented this case, the thoroughness of their preparation, and the clarity of their exposition. APPENDIX Translation of Quotations Para 11. Judgment: Salvation through the death of Jesus Christ on the Cross is the free gift of God. Through faith we appropriate this Salvation through Grace. It is the Holy Bible consisting of the sixty-six books alone that our Church has accepted as the basis for all the teachings concerning this salvation. Our church assigns pre-eminent position to the teaching concerning salvation through faith. We believe that for the Christian faith and for doctrinal formulations the sole basis is the Bible. It is the Holy Bible consisting of the sixty-six books alone that our Church has accepted as the basis for all the teachings concerning this salvation. Our church assigns pre-eminent position to the teaching concerning salvation through faith. We believe that for the Christian faith and for doctrinal formulations the sole basis is the Bible. Para 15 The Mar Thoma Syrian Church has not accepted the teachings enjoining prayer for the dead and invocation of Saints Abraham Malpan had rejected them and had corrected (reformed) St. James’ Liturgy in accordance therewith. The Church should and does stand firm on this reformation. In the Church there are none who hold the view that these expurgations have deflected the Church from its Catholic position or that these expurgations should be restored. Para 17. O Lord who lovest men, we pray that Thou mightest hear the prayers and supplications we make on this occasion of the funeral of our brother who has departed from this life of sorrows into the world of abundance and eternity. O Lord God, when Thine only son reappears and requites the good and the evil according to their deeds, assigns the Kingdom to those who have laboured wisely, the devil men are cast into the unlighted darkness, the holy are received into tabernacles of light and both sections cry out aloud ‘Lord Thou art just and Thy Judgments are true’, we fervently hope that this one who had received the baptism in Thy Name, participated in the divine services, laid his trust on the Crucifixion of Thine Only Begotten Son will not be abandoned in the depths of hell and will not suffer in the flames that die not, but that he will be gladdened by the light of Thy countenance, received into the company of the holy and counted among those who serve Thee and by right enjoy heavenly bliss. We bless Thee for this fervent hope and console ourselves and each other on this blessed and glorious hope. Para 23. Concerning Holy Communion, the doctrines of Transubstantiation, Consubstantiation and Localisation are not acceptable to us. The Church repudiates them. The faith of the Mar Thoma Church it that in Holy Communion Christ gives Himself unto us and that the believers enter into communion with Him. Para 23. Concerning Holy Communion, the doctrines of Transubstantiation, Consubstantiation and Localisation are not acceptable to us. The Church repudiates them. The faith of the Mar Thoma Church it that in Holy Communion Christ gives Himself unto us and that the believers enter into communion with Him. There are, in our Church, those that assign only a symbolic value to the elements (bread and wine) in the Eucharist and those who believe that there is a spiritual presence in relation to them. The latitude within these bounds is permitted by the Church. Such a latitude in the matter of faith has received recognition in the Anglican, Presbyterian and Methodist Communions. We deem it indispensable for the unity, growth and fellowship between the members of the Church, that this comprehension should, as in the past, continue in future. Para 30. (1) All invocations to the Saints have been discarded. (2) All prayers for the dead have been omitted. (3) The prayer beginning “Thee who boldest the bounds of the earth, I take in my hands.........Thee who art God I place in my mouth” has been left out. (4) The prayer “We offer this bloodless sacrifice for Thy Holy Church universal” has been recast to read “O Lord.........We offer this prayer for the Church’ (vide Page 43 of the Taksa published by the Vicar General Very Rev. Thoma Kassessa in 1872). (5) The declaration “Offer this living sacrifice” has been altered to read “Offer this living Sacrifice the sacrifice of grace, peace and praise’ (Ibid Page 36) (6) The declaration “This Eucharist is Sacrifice and praise” has been omitted (Ibid Page 31) (7) “The Holy Spirit sanctifies the Censer.” This declaration has been omitted (Ibid Page 31) (8) The note that “the Censer should be blessed” has been left out. (9) The prayer “May this bread be transformed into the life-giving and saving bread’ has been altered to read “May He (the Holy Spirit) by brooding over it make this bread the body of the Lord Jesus for those that receive it for the remission of sins and for eternal life.” (10) The statement “This is the flaming rock laid at the sepulchre of Our Lord’ was altered into “Thou art the tried and precious stone which the builders rejected.” Para 30. (1) It was ordained that Holy Communion should be administered in both kinds. (1) It was ordained that Holy Communion should be administered in both kinds. (2) The practice of obtaining absolution from the priests by confession to them was abolished. (3) The practice of Celebrating Holy communion even in the absence of communicants was discontinued.’ Para 35. May the Holy Spirit sanctify this bread to be the Body of Our Lord Jesus the Messiah: May the Holy Spirit sanctify the Wine in this Chalice to be the Blood of Our Lord Jesus the Messiah. and in Ext. N May the Holy Spirit sanctify this bread to be the Body of Lord Jesus the our Messiah or May the Holy Spirit bless this bread and sanctify it to be, for us, the Communion of (Participation in) the Body of Christ Thy dear son and Our Lord God Jesus. May the Holy Spirit sanctify the Wine in this Chalice to be the Blood of Our Lord Jesus or May the Holy Spirit bless this Chalice and sanctify it to be, for us, the Communion of (participation in) the Blood of Thy dear Son and Our Lord God Jesus. N. B. The terms ‘body’ and ‘blood’ employed in these prayers may be understood to mean their symbols. Para 36. Priest: May the Holy Spirit dwell on this bread and make it for those that receive it, for the remission of sins and for eternal life, the Body of Jesus the Messiah. Congregation: Amen. Priest: (May the Holy Spirit dwell on this cup) and make it for those that receive it, for the remission of sins and for eternal life, the Blood of Jesus the Messiah. Congregation: Amen. Para 36. Even in this there are mistakes in doctrine. Para 37. The Church does not enjoin the one or repudiate the other of the two views, one being that the body and blood of Our Lord is present, in the midst of the worshippers through the media of the bread and wine and the other that they do not so become present. What is numbered 2 on Page 9 is erroneous. What I mean by the term erroneous is that it is riot in accord with my conception. Para 40. ‘Sacrifice’, living sacrifice, the sacrifice of grace, peace and thanksgiving is being offered. Para 41. He before whom those clothed in lightning tremble, when eaten (partaken of) by mortals, their faces shine.”