1440 THE CHURCH IN THE DOMINIONS [PART VIL
by a stipulation that the interpretation of the terms of
association should be exclusively in the hands of a judicial
body empowered to decide without question the limits of
its own jurisdiction, and that the penalty of questioning
the decisions of that tribunal should be expulsion from the
association or a temporary loss of its benefits, but there was
no such self-surrender or abrogation of rights in the contract
in question, and the whole contract abounded in provisions
for securing to members the preservation of rights and a fair
trial of accusations. Moreover, the Cardross case was an
authority in favour of the view which he took. Isaacs J.
also rejected any universal claim for exclusive jurisdiction
in the Church Courts. He said :
But these tribunals, though conveniently enough styled
Courts’, are not Courts in the legal sense. They have no
jurisdiction properly so termed. The law invests them with
no coercive power, with no authority to issue process, or to
declare, determine, or enforce rights, and they are strictly
dependent for such so-called jurisdiction as they possess
upon the consent of the parties who are subject to it. In
this respect the Act of 1900 makes no difference. That Act
merely gives legal effect to an agreement for federal union,
and bestows no changed character on the tribunals then
already existing in the several states beyond subordinating
them to the final decision and paramount authority of the
Federal Assembly. All powers exercisable by the associa-
tion, legislative, judicial, or administrative, if intended to
bind its own members, must spring from their consent, and
do not arise from the authority of the general law.
He concluded from the decision in Long’s? case, and from
the principle laid down there by Lord Kingsdown, that if
a man made a voluntary submission he could not complain
of the results of this submission. He thought that this
was brought out by the authority of the Scottish judges in
the Cardross ® case, but of course subject to the constitution
which he accepted not containing some provision contrary
to law, for such a provision could not be enforced. But
that position was quite distinguishable from a provision
* 8 C. L. R. 673, at pp. 704 seq. * 1 Moo. P. C. (N. 8.) 411,
3 22 D., at pp. 314, 315.