BX 8966 .R35 1898 Ramsay, F. P. 1856-1926. An exposition of the form of government and the rules of AlSr EXPOSITION OF THE FORM OF GOVERNMENT AND THE EULES OF DISCIPLmE OF THE PRESBYTERIAX CHURCH IN THE UNITED STATES. BY Kev. F. p. KAMSAY, President of Fredericksburg College. Virginia, RICHMOIs^D, VA.: The Pkesbyteriax Committee of Publication. Copyright, 1828, BY JAMES K. HAZEN, Secretary of Publication. TO MY MOTHER, WHO CONSECRATED ME FROM BIRTH TO THE MINISTRY OF CHRIST AND His trOtH iN oUr beLoVed cHUrcH, MY FIRST book. Written iN LoYaL LoVe of THis cHUrcH. IS dedicated OUT of the grateful AFFECTION op A SON- THE AUTHOR. PREFACE Dr. Beatty has given our church an exposition of her doctrinal standards, and it has met with a deserved appreciation ; but there has not been hitherto attempted an exposition of our standards of order. Believing that there is even more need in this direction, since the standards of order are of more recent formulation, and have been less studied, the writer has set himself to this task, persuading himself that the more urgent need will help to excuse an inferior performance. This is not intended to be a Digest of decisions and precedents, such as Dr. Alexander has made and is making for our young church, leaving no- thing of this sort for others to do among us, nor a compendium of the usages and customs that have gradually grown up among Presbyterians, such as Dr. Aspinwall Hodge has compiled, and is keeping up to date, but this aims to be an exposition of the text of the Book of Church Order. No attempt is here made to prove the scripturalness or wisdom of the Book, but to expound it. The exposition is sympathetic, both because the writer would be in- capable of making any other, and because he thinks 5 6 Preface. that only the sympathetic expositor can give a just exposition. He has, accordingly, omitted to set forth any individual notions he may have of possi- ble improvements. This was not the place to criti- cize, but to expound. But the writer has concluded his exposition with a deep conviction that the more our standards are studied the less disposition there will be to criti- cize them. For it may be conceded that our sys- tem of government is one that works with much friction and confusion, and, it must be admitted, with considerable inefficiency, if those who work it do not understand it and intelligently approve it ; for there are other systems that work more easily and satisfactorily in the hands of adherents not generally intelligent and capable. All we can claim is that the members and officers of any church need to know its system of government well enough, and to love it well enough, to work it efficiently, and that for those thus qualified ours is the best sys- tem, even among the different systems that are scriptural in their main principles. To promote the study of our standards of order, and thereby a devotion to them and a working knowledge of them, is the end of this effort. He reserves for a separate volume the Directory for Worship, because the study of the Form of Government and the Kules of Discipline will neces- sarily be more nearly limited to the officers and to Preface. 7 a few of superior intelligence or special interest, while it is to be hoped that a more general famil- iarity with the Directory can be promoted. The writer will avail himself of this opportunity to say three things for which there was no suitable place in the body of the work : 1. There is a system of government and discip- line. The Form of Government especially is but little inferior to the Shorter Catechism itself in logical construction and completeness. The Rules of Discipline does not, as a composition, reach so high a level. But the two together set forth a system of government and discipline. Now to un- dertake to direct the activities of this organization, our church organized for government and discip- line upon this system of principles, without an in- telligent comprehension of these principles in their relation to each other as a complete system, is sure to result in clash and confusion ; and it will be still worse to undertake to amend parts without first comprehending the relation of the parts as a whole. The mastery of our system of government and dis- cipline is, therefore, urged as important, and as worth the time and effort needed both for the sake of the intellectual discipline and for the practical efficiency of our church. 2. Discipline, thorough and scriptural, is possi- ble under our system. It is not necessary to argue that discipline is a duty enjoined in the Scriptures ; 8 Preface. but there is among us, one is tempted to say, a pervading infidelity of the worth of such teachings. Outside of the discipline of ministers charged with heresies, and of very notorious offenders in moral- ity, there is seldom anything in the nature of judi- cial prosecution among us ; and there is reason to believe that there is even less of that forewarning which looks forward to such prosecution. This laxity is due in part, it may be, to reaction from an extreme in the other direction, to the great diffi- culty of efficient discipline in the midst of a too sharp denominational rivalry and competition, and to the so generally diffused tendency to depreciate authority of every sort ; but it is due in part, also, to the uncertainty of how to proceed, and the fear that judicial procedure in our system is too com- plicated for practical use. This impression is not correct. It is true that, when efforts are made to convict for principles or practices on which the mind of the church is more or less divided, or to convict men who have the general confidence in their soundness of doctrine and purity of life for particular aberrations, contention and agitation are to be expected, and the attainment of definite good results is doubtful ; but the machinery of dis- cipline provided would prove itself eminently effi- cient and safe, at once fair and persuasive, in actual use in most cases that need such treatment. It is not easy to exercise discipline, not only on account Preface. 9 of the imperfection of those who are to exercise it, but also on account of the strength of corruption that has come for the lack of discipline ; and dis- cipline is especially difficult where the revenues of the church come from voluntary contributions. To censure offenders generally endangers revenue. It requires a lofty indifference to financial considera- tions in comparison with spiritual results, or the inexperience of youth, to embolden to attempt thorough discipline. Many attempts have failed largely because the men who failed when they had less wisdom of experience and less maturity of spiritual growth have not attempted it when they became better qualified. Their former failures, and the new Book, make them afraid. But we must come to it or we perish. The churches of America must learn to exercise discipline, or the experiment of religious liberty, without financial aid from the civil power, will prove a failure. Such a result will not come, for the churches will learn this lesson of discipline. It may be through bitter experience of the fruits of laxity and of the conse- quent worldly corruption of the church, but to dis- cipline the church must come. And it is here in- sisted that we have the usable machinery of dis- cipline, and all we need now is the spiritual power to make it efficient. 3. The church is a spiritual organization. This exposition has to do with rules and regulations. 10 Preface. with the mechanism of ecclesiastical action, to so large an extent that the writer is unwilling to send it forth without this distinct assertion that the church is spiritual. It must do all its doings in the Spirit. It is not constitutional regularity, it is not meclianical perfection, that makes the church efficient for its end ; it is the Spirit of Christ using the church as his agent. This Spirit creates fit in- struments for his own use, and therefore we may expect the church to become more nearly perfect in organization and methods as it becomes more perfectly the obedient organ of the Holy Spirit; but, alas, form and machinery may exist without life and power ; and the deepest desire of the writer would not be realized by his work if it should not help toward the fuller efficiency of our church in gathering and perfecting the spiritual body of Christ. If to this end the King and Head of the whole church will bless this imperfect work, the author will be grateful for the honor and privilege of thus serving his brethren. F. P. EAMSAT. [Note. — The text is printed in brevier type and the com- ment in small pica. The use of the two sorts of type makes possible the intermingling of text and comment, and yet the consulting of the text by itself.] EXPOSITION OF THE Book of Chuech Oedek. The supreme standard, the one rule of faith and practice, of the Presbyterian Church in the United States, is the Bible. Its subordinater standards are the doctrinal symbols (which are the Confession of Faith and the Catechisms) and the Book of Church Order. This book has three parts: the Form of GoYernment, which treats of the ecclesiastical or- ganization, its parts and their functions ; the Rules of Discipline, which gives special regulations for directing the exercise of the ecclesiastical power of censure; and the Directory for Worship, which gives special directions for the conduct of public worship. The Form of Government has seven chapters : the first on preliminary definitions; the next five on the five heads of the doctrine of church govern- ment ; and the seventh on amending the standards. Similarly, the first chapter, CHAPTER I. Of the Doctkine of Chuech Government, has seven sections : one preliminary, one on each of the five heads of doctrine, and one on the rela- tion of this doctrine to the existence and perfection of the Church. 11 12 Chap. I., Par. 1. 1, 2 1. — I. The scriptural form of church government, which is that of Presbytery, is comprehended under these five heads of doctrine, viz. : 1. Of the Church; 2. Of its Members; 3. Of its Officers: 4. Of its Courts; and 5. Of its Orders. However little the Scripture may lay down pre- scriptions in detail in the matter of church govern- ment, it teaches a form of church government; so that both those are in error who deny church gov- ernment altogether, and those who, admitting that the Scripture teaches government, deny that it teaches any particular form of government. And the form of government is neither a form in which all are equally rulers nor a form in which one rules over maiiy, but a form in which some rule over all. Neither any Congregational form in which the authority is in the body of the people, nor any Episcopal form in which the authority is in an indi- vidual, is scriptural, but only that form in which the authority is in a selected few acting together as a court. This is PresJjytery, which means a court of elders. And the doctrine concerning this scrip- tural form of church government naturally falls under five heads. After telling what the Church is, it will be next in place to tell who constitute it, that is, of what members it consists. As it is gov- erned by officers and not by the members, the next thing must be to tell what officers it has ; but as these officers do not govern severally but jointly, the courts come next in place; and finally, when we have the courts for admitting to office, w^e may learn concerning orders, or how officers are or- dained. It is this exhaustive and logical treatment that the Form of Government proposes. 2. — II. The Church which the Lord Jesus Christ has 2 Chap. I., Par. 2. 13 erected in this world for the gathering and perfecting of the saints, is his visible kingdom of grace, and is one and the same in all ages. This is a definition of the Church which the Lord Jesus Christ has erected in this world, and not of the Church as it is to be in the final consummation, nor of the Church as it now is in heaven as well as earth. The Church thus limited, the Lord Jesus Christ has erected ; and he has erected it for this purpose, for the gathering and perfecting of the saints. For it is not the office of the Church to do all good in human society, nor even to work upon all men except so far as it does this in working up- on a class, the saints. For them it has two things to do: first, to gather them, that is, out of the world into the Church; and second, to perfect them. The Church works upon men not already saints in their own consent in order to make them such, not in order to other ends, and upon saints, in order to make them perfect. By saints is meant persons that belong to Christ in sacred covenant. This Church, this gathered body of saints on earth, is his visible kingdom of grace. His kingdom comprehends all things and persons, but his king- dom of grace is more especially the saints; and his kingdom of grace includes saints that have fallen asleep, but the Church, as an organization with a government administered through men in the flesh, is his visible kingdom of grace. But the point of the definition lies in this, that the Church is a KINGDOM, having Christ as King. This king- dom is not two, one before the coming of Christ in the flesh and the other after his coming ; nor is it in accord with this definition to distinguish sharply 14 Chap. I., Par. 3. 3 between Church and Kingdom. All ages must in- clude the millennial age, if there is to be a millen- nium. Nor can there be more than one Church in the world at the same time ; and the use of the term to designate a part of the Church ought to be guarded from the implication that the part is the whole. Already by implication the membership of the Church is limited to saints; but here is a formal definition : 3. — III. The members of this visible Church catholic are all those persons iii every nation, together with their children, who make profession of the holy religion of Christ, and of submission to his laws. Catholic, which means universal, is added in orc^pr to lay emphasis upon the doctrine that the Church is not limited to some section of it, whatever name some section may assume for itself. Its members are persons who make profession of the religion of Christ. That this does not mean a profession of opinion merely, but of consent of will also, is made certain by the explicit mention of what is implied, " and of submission to his laws." And the word *' holy " implies the same idea as the word " saints," for by such a profession one becomes a saint, or discloses that he is a saint, that is, one belonging to Christ in sacred covenant. Not only are all persons making this profession • members of the Church visible, but their children also. This in- cludes the children of parents that reject infant baptism; for it is not baptism that makes them members. Baptism recognizes the membership that exists before the baptism is administered ; for whoever binds himself to Christ in sacred cove- 4 Chap. I., Pae. 4. 15 nant, thereby binds his children in the same cove- nant ; so that his child is holy as well as himself. If it be objected that an infant cannot be holy, the answer to the objection is to be found in under- standing the meaning of holy as here used, belong- ing to Christ in sacred covenant ; for these infants of the saints must either be classed with the saints or with the profane, and the definition classes them with the saints. It is to be observed that the visible Church in- cludes all who profess the religion of Christ ; that is, profess subjection to his laws, whether they are re- generated or not, and does not include any regener- ated persons that do not make such profession, since without such profession, they are not visible as members of the Church. But is the visible Church of this paragraph identical with the visible king- dom of grace of the preceding paragraph? Yes. Christ uses false professor.s, and uses them as parts of his visible Church or Kingdom; for they are, temporarily, in and of this organization, even as a dead tooth is a part of the body. Against the doctrine that the Church is to be governed by all its members, the doctrine of Pres- bytery sets the assertion that all the powers of the Church are to be administered by officers, and against all claimants of right to exercise ecclesias- tical power, besides the classes of officers here enumerated, it is denied that their claim is scrip- tural. 4. — IV. The officers of the Church, by whom all its powers the other powers as well as powers of government strictly, 16 Chap. L, Par. 5, 6. 5, 6 are administered, are, according to the Scriptures, Ministers of the Word, Ruling Elders and Deacons. The power is vested in the body, but it is to be ad- ministered, not by the whole body, nor by com- mittees appointed from the body, but by perma- nent Officers. These officers are not all one class, appointed to different functions from time to time, nor two classes only, as Elders and Deacons, the Elders being assigned from time to time to differ- ent w^orks, but three classes : Ministers of the Word, -Ruling Elders, and Deacons. As already implied, the power of government in the stricter sense, 5, — V. Ecclesiastical jurisdiction is not a several power, to be exercised by an individual, but a joint power, to be exercised by Presbyters in courts. Presbyter means an officer having joint jurisdic- tion with other officers. These courts may have jurisdiction over one or many churches ; but they sustain such mutual relations as to realize the idea of the unity of the Church. » It is necessary to note the distinction between ''church" and ''Church." The latter has been al- ready defined in paragraph 2, and the former will be defined in paragraph 20. The Church is one. No group of churches is together independent of the whole Church ; and especially can no particu- lar church be, of right, independent of the Church catholic, any more than an individual member. This is an emphatic denial of Independency. "What follows 6. — YI. The ordination of officers is ordinarily by a court. 7 Chap. I., Par. 7; Chap. II. 17 is an emphatic denial of Episcopacy. For "ordi- narily " does not admit that sometimes an individ- ual may, in his own authority rather than in the authority of a court, ordain officers, but that some- times officers may be immediately appointed by Jesus Christ without the intervention of a court, as in the case of the Twelve Apostles. But some of the Church as defined in para- graph 2, do not accept this doctrine of Presby- tery; how, then, can they be members of the Church? 7. — VII. This scriptural doctrine of Presbytery is necessary to the perfection of the order of the visible Church, but is not essential to its existence. The visible Church may exist, and may be an ordered body, without this doctrine, its officers having valid ordination ; but without this doctrine the Church must lack something necessary to make its order perfect. Without it, there will be more or less of violation of the scriptural order, some men discharging official functions to which they have not been properly appointed, and some needful official functions not being adequately provided for. CHAPTER II. Having laid down these preliminary definitions, which must rule the interpretation throughout, the Form of Government proceeds to enlarge upon each of the five heads of doctrine. And first is CHAPTER II.— Of the Church. 2 18 Chap. II., Sec. I., Par. 1. 8 As the Church is a kingdom erected by its King, it is in place first to treat of the King. Then the kingdom itself may be more fully described. And, as this book is giving the doctrine of the govern- ment of the Church, it is next in place to treat of church power. But, since the Church is divided into many particular churches, there must be a section on the particular church. And here is nat- urally added a section on the organizing of a par- ticular church. Section I. — Of its King and Head, in its first paragraph presents Jesus Christ as the King and Head of the Church ; in the second para- graph shows his offices in the government of the Church ; and in the third tells how he has equipped the Church itself ; and in the fourth points out the nature and method of his activity in the Church, as the other paragraphs have treated of his activity over the Church. And this section is not a mean- ingless collection of pious phrases about Christ, but is a most careful and intentional expression of views considered specially important. This remark applies in all its force to the first paragraph, an unusually long and eloquent sen- tence. 8. — I. Jesus Christ, upon whose shoulders the government is, whose naroe is called Wonderful, Counsellor, the Mighty God, the Everlasting Father, the Prince of Peace; of the in- crease of whose government and peace there shall be no end ; who sits upon the throne of David, and upon his kingdom, to order it and to establish it with judgment and with justice from henceforth, even for ever, is the subject of the sentence. "Jesus Christ, upon whose shoulders the government is," is the a Chap. II., Sec. I., Pae. 1. 19 opening designation of the Head of the Church; and the three following relative clauses ascribe to him three things : first, the dignity of Deity ; second, eternal authority over the Church ; and third, suc- cession to David, thus identifying the Church with the Messianic kingdom. Next is interposed a par- ticipial clause concerning authority beyond the Church for it : Having all power given unto him by the Father, who raised him from the dead, and set him on his own right hand, far above all principality and power, and might, and dominion, and every name that is named, not only in this world, but also in that which is to come, and hath put all things under his feet, and gave him to be Head over all things to the Church, which is his body, the fulness of him that filleth all in all ; This quotation affirms in the most sweeping way the lordship of Jesus Christ as universal, a uni- versal lordship that has been given to him as Head of the Church, he, Jesus Christ thus described, being ascended up far above all heavens, that he might fill all things, received gifts for his Church, which already existed, and gave all officers necessary for the edification of his Church and the perfecting of his saints. Here "edification of his Church" must include what is meant by "gathering" in paragraph 2. The special point of the paragraph is that Jesus Christ is the sole source of all church power. No man can have any office in the Church except as appointed hy Jesus Christ himself^ who himself equips and appoints all other officers besides him- 20 Chap. II., Sec. I., Pak. 2. 9 self. The Church is a kingdom, and he is, in right and practice, King. But the power of Christ is not merely an ap- pointing power; he himself discharges all official functions whatever. 9. — II. Jesus, the Mediator, the sole Priest, Prophet, King, Saviour, and Head of the Church, for now there is no subordinate priest or prophet, as there is no other King or Saviour or Head ; contains in himself, by way of eminency, all the offices in his Church, and has many of their names attributed to him in the Scriptures. He is Apostle, Teacher. Pastor, Minister and Bishop, and the only Lawgiver in Zion. For not even Moses is called a lawgiver in the Scriptures. Not only is every claim to legislative authority or to original control of every sort denied as to all but Christ himself; but also he has all offices within himself, so that he is not a Minister of the Word, but the Minister of the Word, not a Ruling Elder, but the Ruling Elder, and not a Deacon, but the Deacon, of his Church. There- fore, It belongs to his Majesty from his throne of glory, to rule and teach the Church, through his Word and Spirit, by the ministry of men ; thus mediately exercising his own authority, and en- forcing his own laws, unto the edification and establishment of his kingdom. By including all official functions under the terms "rule and teach," the sentence does not make dis- tribution a non-official function, but includes it under these as being in order to them. The prin- ciple must not be lost sight of, that it is Christ who rules and teaches the Church by the ministry of men, and not they who rule and teach the Church 10 Chap. II., Sec. I., Par. 3. 21 for him. Thej are not themselves governors, but the media of the only Governor. We are now to see how Christ as King has equipped his Church, so that he may exercise in and upon it his authority mediately. 10.— III. Christ, as King, has given to his Church, officers, oracles, and ordinances; and especially has he ordained therein his sj'stem of doctrine, government, discipline, and worship; all which are either expressly set down in Scripture, or by good and necessary consequence may be deduced therefrom ; and to which things he commands that nothing be added, and that from them naught be taken away. Each of the four clauses of this paragraph is import- ant. The first enumerates the gifts of the King to his Church under three heads : officers ; oracles, which are the Scriptures; ordinances, which comprise all things that he has ordered to be done. None of these gifts are originated by the Church or by human invention, but they are all gifts of Christ as King. The second clause names especially as among his ordinances his fourfold system of doc- trine, which is expounded in the doctrinal symbols; government, the form of which is set forth in this book ; discipline, the regulations for which are laid down in the Kules of Discipline ; and worship, the directions for which are given in the Directory for Worship. Everything ought to be done as the King has ordained. But where are we to learn what he has ordained ? In Scripture. There we shall find all his ordinances, it is his entire oracles, and it shows what officers he has appointed, and with what functions. If anything is not expressly set down in Scripture, it may be deduced from it, not by fanciful imagination, but by correct infer- ence. What seems incomplete is to be completed 22 CHAr. II., Sec. I., Par. 4; Sec. II. 11 by application of the principles set down in Scrip- ture ; for the King allows no man or set of men, whatever offices they may hold in his Church, to add or substract. This paragraph justifies the first sentence of this exposition, that the supreme standard, the one rule of faith and practice of the Presbyterian Church in the United States is the Bible. To this, both the first and the final appeal must always be made. But it would be a great mistake to suppose that the only connection of Christ with the present government of the church is through the mere lan- guage of Scripture as interpreted by men. 11. — lY. Since the ascension of Jesus Christ to heaven, he is present with the Church by his AVord and Spirit, and the benefits of all his offices are effectually applied by the Holy Ghost. Not only by the word, but also by the Holy Spirit, is the ascended Christ present with his Church ; and thus he is ever effectually discharging all his offices in his own living presence through the human media. The whole section makes the Church to be but the completion of Christ, his bodying of himself forth : take him away, take away his living activity, and the Church is nothing, and its authority is no- thing. Section 11.— The Visible Church Defined. While the visible Church is one, it has two sorts of divisions, into different denominations and into particular churches ; accordingly, this section, after affirming the unity of the Church in the first para- graph, discusses the division into denominations IS, IS Chap. 11., Sec. 11., Pars. 1, 2. 23 in the second paragraph, and the division into particular churches in the third paragraph. 12. —I. The visible Church before the law, under the law, and now under the gospel, is one and the same, and consists of all those who make profession of the true religion, together with their children. This is the same principle as that stated in para- graph 2 ; but, instead of the more sweeping '^ in all ages," this particularizes three ages : before Moses, from Moses to Christ, and since Christ. This also repeats the principle stated in paragraph 3, only substituting for "the holy religion of Christ and of submission to his laws" its equivalent, ''the true religion." 13.— II. This visible unity of the body of Christ, though obscured, is not destroyed by its division into different denom- inations of professing Christians ; but al 1 of these which maintain the Word and Sacraments in their fundamental integrity are to be recognized as true branches of the Church of Jesus Christ. Two principles are here conceded: that visible unity is desirable, and that the division into differ- ent denominations, into separate associations of churches, makes against this visible unity. As the separation of a particular church from other par- ticular churches in one organization obscures church unity, so does the separation of an associa- tion of churches from union with other associations in one organization. But such division does not destroy visible unity. The real unity of the invisi- ble Church is unity in Christ, the one Head; and, since the members of different denominations are, in their profession, visibly united to Christ, their visible unity is not destroyed by this degree of separation. Indeed, it is not so much organiza- U Chap. TI., Sec. II., Par. 3. 14 tioDal separateness that contravenes organic unity as it is organizational disfellowship that argues organic disunity. Hence, a broad recognition is here given to other denominations. For, on the one hand, this recognition is explicitly extended to all that maintain the Word and Sacraments in their fundamental integrity ; and, on the other, it is not withheld from any professing Christians, though they reject some of the canon, or deny some of the teachings of Scripture, or pervert or omit the sacraments, even to the extent of trenching upon fundamental integrity. As to such, it must be in- quired vv^hether they really profess the true reli- gion, that is, whether they profess the holy religion of Christ and submission to his laws. And even if order should be found altogether absent from an association of those making such profession, they would themselves be a part of the Church, in spite of their lack of order. The Presbyterian Church in the United States, then, continues its separate existence as a denomi- nation only upon the ground that its members would not be allowed to obey all the laws of Christ in any other organization; and it stands pledged to organizational union upon any basis permitting full obedience to all the teachings of Christ. And in calling itself " Church," it does not mean to reserve this title lor itself exclusively, but only to claim that it is tentatively endeavoring to make itself, as nearly as its enforced separateness will allow, con- form to what Christ would have his one catholic visible Church to be. 14. — III. It is according to scriptural example that the Church should be divided into many particular churches. 15 Chap. II., Sic. III., Par. 1. 25 The division of the Church into particular churches does not obscure its unity, provided the courts of the particular churches are not independent of the court of the Church. (Cf. Par. 5.) Section III.— Of the Nature and Extent of Church P'ord ; to direct the congrega- tion in singing the praises of God ; to administer the sacra- ments ; to bless the people from God ; to catechise the chil- dren &nd youth ; to visit officially the people, devoting especial 50 Chap. IV., Sec. II., Par. 4. 38 attention to the poor, the sick, the aflSicted, and the dying ; and, with the other Elders, to exercise the joint power of gov- ernment. All ministers are pastors, inasmuch as it is the duty of them all to feed the people of God with spiritual food (par. 35) ; but here the term is used of one appointed specially to this work in a par- ticular church ; and while what he is charged with, all ministers are charged with in their several posi- tions, the duties that specially belong to him in his position are here enumerated. Seven things he is to do severally, or by himself. Some of these it may be proper for all saints to do according to their capacities and opportunities, and some of them it may be the duty of the Ruling Elders to do in their official capacity ; but all of them it is the official duty of the Pastor to do. The first of these is not preaching, but prayer, both apart from his flock in intercession for them, and with them as their mouth unto God. The Pastor makes a mistake to put all his care upon the sermon and none upon the public prayer. Yet his distinctive work as Pastor is to feed the flock. This he is to do by reading the Word as well as by expounding it, and by exposition as well as by simply proclaim- ing what needs no further exposition. It is not enough to handle the Word; he must cause them to eat it. Nor is it his whole work to do this in the public assembly. His third function is to direct the congregation in singing the praises of God. As there should be no singing that is not worship, so this part of the worship should be kept under the Pastor's direction ; and it is a seri- ous abdication of his official duty when he hands 38 Chap. IY., Sec. II., Par. 4. 51 this over to those who are not qualified, as well as not duly authorized, to direct this part of the wor- ship. How far he shall go in determining details is matter for wise discretion ; but he and those who lead the music as such, and all the congregation, should recognize him as having this entire part of worship under his discretion. It is the fourth function of the pastoral office to administer the sacraments. Accordingly, neither baptism nor the Lord's supper is to be administered in his congre- gation by another minister without his concurrence, and he should not for every cause remit to another the administration of baptisms, nor forego presid- ing at the Lord's Supper. It belongs to the Pastor to bless the people from God ; wherefore the bene- diction is by him pronounced as an official decla- ration of the divine mind. The sixth function, to catechise the children and youth, he is to do as Pastor, and it is a deplorable disuse of official function when he leaves this work altogether to other agencies, as to Sunday-schools; for this is the Pastor's specific office for the young. His seventh function is happily described. It is not enough to visit the people, but he should visit them officially, that is, he should visit them as their Pastor, and in his visits pray with and for them, feed them with the Word, catechize the children and youth, and perform such like pastoral functions. Social visiting that is not also mani- festly and really pastoral visiting is a substitution to be made only in order to official visiting. So far as a distinction is admissible, the people need to know him officially rather than socially. And in his official visitation he is to devote special 62 Chap. IY., Sec. II., Pars. 5, 6. 39, 40 attention to four classes: the poor, who cannot contribute much in the offerings; the sick, who cannot attend the pubhc worship; the afflicted, who need special comfort, and the dying, who are both sick and afflicted. So far in the discharge of his duties severally; and, with the other Elders, he is to exercise the joint power of government, hav- ing, in this sphere, no more and no less authority and obligation than a Kuling Elder. 39. — V. When a minister is appointed to be a teacher in a school of divinity, or to give instruction in the doctrines and duties of religion to youth assembled in a college or university, for to teach other branches in an institution of learning, is not ministerial work, it appertains to his office to take a pastoral oversight of those committed to his charge, and be diligent in sowing the seed of the Word, and gathering the fruit thereof, as one who watches for souls. Here "teacher" is not used in precisely the same sense as "Teacher" in paragraph 35; but the work here described is truly work of the ministry of the Word ; but the danger is that one engaged in it will drift away from his work as a minister. It needs to be repeated that when a man who is a minister is giving instruction in other subjects than the doctrines and duties of religion, he is not en- gaged in ministerial work. 40. — VI. When a minister is appointed to the work of the Evangelist, he is commissioned to preach the Word and administer the sacraments in foreign countries, frontier settle- ments, or the destitute parts of the Church ; and to him may be entrusted power to organize churches and ordain Ruling Elders and Deacons therein. The philosophy of the matter is, not that the Evan- gelist has an office different in order, grade or na- 40 Chap. IV., Sec. II., Pak. 6. 53 ture from that of other Ministers of the "Word, but that he is in a position calling specially for the use of those evangelistic functions which are in- herent in the very office of the ministry, that is, to preach the Word and administer the sacraments, not in the c.^ganized or fully organized portions of the Church, but elsewhere: in countries where the Church is not yet organized; in countries where the Church is already organized, but in those parts where it is not organized ; and in such parts of the organized Church as are not fully organized, lack- ing a settled ministry adequate to the work to be done. It is not here decided that it would be un- scriptural to call a minister distinctively an evan- gelist who was engaged in fully organized parts of the Church in preaching specially to those who had not yet accepted the gospel ; but that is not the sense in which the term is used in this para- graph. The organization of churches and the ordination of officers, being an exercise of jurisdiction, is a function of joint power, for which the individual Presbyter as such is not competent; but the court having jurisdiction may commission him to do these things as its commissioner, his acts being the acts of the court through him. This may be made really the court's action by previous orders and subsequent validation or annulment; and the nature of these acts as joint and not several should always be thus preserved. The paragraph says that the court may entrust the Evangelist with power as its commissioner to organize churches, and to ordain Euling Elders and Deacons in churches ; but the power to ordain Ministers, while 54 Chap. IV., Sec. II., Par. 7 ; Sec. III. 41 it might, without making the ordination a several act, be entrusted to the Evangelist, the Form of Government does not permit to be thus en- trusted. Consequently, there is no way provided in the Form of Government for the ordination of Ministers unless the candidates to be ordained first come to the Presbytery. To meet this require- ment, a candidate in a foreign land must come to where the Presbytery meets, or the Presbytery must hold a meeting where the candidate is, or the candidate must wait till there are several Ministers and a Kuling Elder in the country of the candidate, and these Presbyters are regularly constituted a Presbytery. 41. — VII. When a minister is called to labor through the press, or in any other like needful work, it shall be incumbent on him to make full proof of his ministry by disseminating the gospel for the edification of the Church. Otherwise his literary or other labor is not work in the ministry of the Word. As the Church through Presbytery having juris- diction of a minister sanctions his call to any work, and appoints him thereto, no minister should per- manently devote himself to any sort of ministerial work without the approval and sanction of his Presbytery. Section III. — Of the Ruling Elder. This section has two paragraphs on the nature of the office: one pointing out the relation of the New Testament Elder to the Old Testament Elder, and one pointing out his relation to the Minister of the Word. Then follow a paragrajDh on the qualifications for the office, and a paragraph on its duties. 42, 43 Chap. IV., Sec. III., Pars. 1, 2. 55 42. — I. As there were in the Church, under the law, Elders of the people for the government thereof, so, in the gospel Church, Christ has furnished others besides the ministers of the Word with gifts and commission to govern when called thereunto, which officers are entitled Ruling Elders. It is not asserted tliat they are called Euling Elders in the Scriptures, but in this Form of Gov- ernment; but it is asserted that according to the Scriptures there are in the New Testament dispen- sation as there were in the Old, Elders or rulers that are not Ministers of the Word. 43. — II. These Ruling Elders do not labor in the Word and doctrine, officially (for nothing is here decided as to what others than Ministers of the Word may do un- officially in the Word and doctrine), but possess the same authority in the courts of the Church as the Ministers of the Word. May he then be Moderator of a court, and of the higher courts as well as of a Session, seeing that to Moderators are assigned certain duties that only Ministers can perform ? Yes. When, however, a Ruling Elder is Moderator of a Presbytery, Synod, or General Assembly, any official duty devolving on him, the performance of which requires the exercise of f mic- tions pertaining only to the teaching Elder, shall be remitted by him for execution to such Minister of the Word, being a ■ member of the court, as he may select. The Minister must be a member of the same court, so that he may be under the control of the court. It is to be observed that by a court consisting in part of Elders who are not themselves Ministers of the Word, men may be appointed to ministerial functions, and are subject to the control of the court, the power of government extending over the Church and its officers in all their functions. It is 56 Chap. IV., Sec. III., Par. 3. 44 also to be observed that the Moderator is ap- pointed to a special work by a court, and is answerable to the court appointing him. It is further to be observed that there is no funda- mental principle requiring that the Moderator shall be of this or that class of Elders ; but, since, as a matter of conveniency and prudence, certain min- isterial functions are, in the detailed regulations of the Form of Government, assigned to the Modera- tor, the principles of the system do require either that these regulations should be abolished, or that Euling Elders be kept out of the position of Mod- erator, or that a special provision, such as this, determine the assignment of ministerial functions. Provision is made elsewhere as to the Moderator of the Session. 44. — III. Those who fill this ofRce ought to be blame- less in life and sound in the faith ; they should be men of wis- dom and discretion ; and by the holiness of their walk and con- versation should be examples to the flock. By comparison with paragraph 36 it will be seen that learning and aptness to teach, fundamental qualifications for a Minister of the Word, are not required as qualifications for a Euling Elder, but that blamelessness of life and soundness in the faith are as fundamental to the Euling as to the Teaching Elder. The secondary qualifications for the two offices are the same; for holiness of be- havior is named for each, for the ruling well his own house and having a good report from those that are without, and sobriety of conversation, named for the Minister, are all summed up for the Euling Elder in wisdom and discretion. However, so far as there is a difference, the Euling Elder has 45 Chap. IV, Sec. III., Par. 4. 57 even more need than the Minister of the rare characteristic, wisdom, and to the Minister is in- dispensable a learning and aptness to teach that the Ruling Elder, as such, does not need to have. 45.— IV. Ruling Elders, the immediate representatives of the people, are chosen by them, that, in conjunction with the Pastors or Ministers, The Ministers of the Word belong to that class which finds its highest exponents in the Prophets of the Old Testament and the Apostles of the New, and immediately represent Christ and mediately the people ; while the Ruling Elders, so far as any difference in conception is permissible, immedi- ately represent the people and mediately Christ. And these immediate representatives of the people meet the immediate representatives of Christ, and the two classes exercise government together ; yet with this difference, that the Ruling Elders are not competent to all the functions of government unless in conjunction with Ministers, whereas Ministers, were there no other Elders that could be associated with them, would have plenary power to govern. they may exercise government and discipline, for discipline is too important a part of government to be omitted from special emphasis, and take the oversight of the spiritual interests of the particu- lar church, and also of the Church generally, when called thereunto. As the Church has no interests but spiritual inter- ests, this phrase is all- comprehensive ; but, so far as a distinction may be made between spiritual and temporal, the immediate management of tem- poral affairs may be committed to the Deacons, 58 Chap. IV, Sec. Ill, Par. 4. 45 while the oversight of the spiritual interests of every sort cannot be withdrawn from Euling Elders and Ministers. While the Minister is ex officio a Bishop or overseer of the whole Church, the Rul- ing Elder exercises this office only when, and so far as, he is called to it from time to time. It appertains to their office, both severally, which they should never forget, and jointly, to watch diligently over the flock committed to their charge, that no corruption of doctrine or of morals enter therein. Evils which they cannot correct by private admoni- tion they should bring to the notice of the Session. They should visit the people at their homes, especially the sick; they should instruct the ignorant, comfort the mourner, nourish and guard the children of the Church; and all those duties which private Christians are bound to discharge by the law of charity are especially incumbent upon them by divine vocation, and are to be discharged as official duties. They should pray with and for the people; they should be careful and diligent in seeking the fruit of the preached Word among the flock ; and should inform the pastor of cases of sickness, affliction and awak- ening, and of all others which may need his special attention. Their duties are thrown into three groups. Their first and distinctive work is the prevention of evils, especially the entrance of corruptions of doctrine or morals in the flock. For accomplishing this work, they have two means, private admonition and report to the Session. Here now is the great work of Elders, the protection of the flock from heresies and immoralities. To sit and vote in Session is a part of their duty ; but there and out among the people, they are everywhere the guar- dians of the people's faith and manners. The second group of duties shows how, in his work as much as the Pastor in his, the Ruling Elder is to labor for the purity of doctrine and morals among 40, 47 Chap. TY., Sec. IV., Pae. 1. 59 the people. It is as much a part of his official duty to visit the people in their homes as it is the Pastor's ; and in his official visiting he is to seek out the classes that need instruction and comfort and minister to their needs. The children of the Church are to lie on his heart as a special charge, and he is to show to them and concerning them special attention. Even the duties incumbent upon all rest upon him as official duties, since he is officially an example to others. The third group of duties belong to him specially as an assistant of the Pastor. He has the duty of prayer for and with the people as well as the Pastor. He is to follow up the public preaching with personal effort most carefully and diligently. And he should to the utmost co-operate with the Pastor, and give him whatever information may help him in his work. Section IV. — Of the Deacon. Here are given the scriptural warrant for the office, the duties of it, and the qualifications for it. To these three paragraphs three others are added : a special regulation for securing a proper supervi- sion of the Deacons' work by the Session ; a pro- vision for supplying the place of Deacons when there are no Deacons; and an explicit statement of a power inherent in the Session to appoint women to certain diaconal functions. 46.— I. The office of Deacon is set forth in the Scriptures as ordinary and perpetual in the Church. (Cf. pars. 32, 33). 47. — II. The duties of this office relate to the care of the poor, and to the collection and distribution of the offerings of the people for pious uses, under the direction of the Session. 60 CHAr. IV., Sec. IV., Par. 3. 48 This is the same as in paragraph 23, only that here is stated what is there implied, that they are to care for the poor, and that they are to collect the offerings as well as distribute them; but this does not imply that it is the duty of Deacons to collect anything but offerings, yet they are en- gaged in a part of their distinctive work when pro- moting in the people the grace of liberality. It is also here explicitly stated that they are to do their work under the direction of the Session, which is something more than mere review. To the Deacons, also, may be properly committed the manage- ment of the temporal affairs of the Church. See exposition of paragraph 23. 48. — III. To this office should be chosen men of honest repute and approved piety, who are esteemed for their prudence and sound Judgment, whose conversation becomes the gospel, and whose lives are exemplary; seeing that those duties to which all Christians are called in the way of beneficence are especially incumbent on the Deacon as an officer in Christ's house. These are substantially the same as the qualifica- tions of Ruling Elders, except that special empha- sis is not here laid on soundness in the faith, nor quite so distinct a place given to wisdom as distin- guished from prudence. Yet, soundness of judg- ment is insisted upon. As the Ministers are to stand forth as examples embodying the full truth in life, and the Ruling Elders examples embodying especially the idea of reverenga for the law of Christ, so the Deacons are to stand forth as exam- ples embodying especially the idea of beneficence for Christ's sake; and they, therefore, need for their official Vv^ork the whole complex of graces, 49, 50 Chap. IV., Sec. IV., Pae. 4, 5. 61 without which beneficence loses its Christian signi- ficance. All officers, then, are to excel in a living piety, deep and manifest, and in mental balance, or good sense ; to these qualities Kuling Elders are to add pre-eminence in wisdom, and a grasp of the sys- tem of truth ; and to all these qualities the Minis- ters are to add pre-eminence in learning and apt- ness to teach. 49. — IV. A complete account of collections and distribu- tions, and a f ull 'l-ecord of proceedings shall be kept by the Deacons, and submitted to the Session for examination and approval at least once a year. Three things are required: that the Deacons keep a complete account ; that they keep a full re- cord of proceedings; (and these things they cannot do unless they act together as a body) ; and that both this account and this record be submitted to the Session at least as often as once a year, not only for formal approval or disapproval, but also for a real examination, to see whether the Deacons have faithfully done the work as required by their office and the directions of the Session. It is a condition of confusion and disintegration when this paragraph is ignored. 50. — V. In churches ^There it is impossible to secure the appointment of a sufficient number of Deacons, the duties of this office devolve on the Ruling Elders. (Cf. par. 33 and remarks under it.) In such cases the session should appoint one or more or all the Euling Elders to act as Deacons; and the Elders thus appointed and the Deacons, if there are any, should act together as the diaconate of the church, 62 Pae. 6 ; Chap. Y., Sec. I. 51 and should keep the account and record, and sub- mit the same to the Session, as in paragraph 49. 51. — VI. Where it shall appear needful, the Church Session may select and appoint godly women for the care of the sick, of prisoners, of poor widows and orphans, and in general for the relief of distress. These differ from the male Deacons in the fact that they are not selected by the congregation, and in the fact that they do not have charge of distri- bution generally. It would save much to the credit of the Church, and promote greatly the efficiency of its beneficent work, if this paragraph were put into general execution, so that what is done would appear to be done by the Church, as it really is, and would be done with fuller counsel and super- vision. CHAPTEK V. Of Church Courts. The chapter has seven sections, as follows: one treating generally of the courts and their officers; one treating particularly of the jurisdiction of the courts ; then one each on the four kinds of courts ; and, lastly, one on a sort of special courts, called commissions. Section I. — Of the Courts in General. After a paragraph on the gradation and nature of these courts, and another paragraph enumerating them, there come three paragraphs on their of- ficers: two on the Moderator — one providing the Moderator for each court, and one defining his 52, 53, 54 Chap. V., Sec. I., Pars. 1, 2, 3. 63 duties — and one on the clerk. Then is added a paragraph on the devotional exercises that shall be observed in the sessions of the higher courts (directions as to this matter for the Session being reserved to the section on the Session); and an- other prescribes the payment of the expenses of attendance on the higher courts. 52. — I. The Church is governed by various courts, in regu- lar gradation: which are all, nevertheless, Presbyteries, as being composed exclusively of Presbyters. The underlying principle is, that, so far as the fa- cilities of intercommunication between the differ- ent parts of the Church permit, the courts of the Church shall be so related to one another that whatever is done by one part of the Church shall be done by the one Church in that part. All courts are essentially the same, being exclusively Elders acting jointly, and their powers being, therefore, the joint powers of Elders. (Cf. par. 5.) 53.— II. These courts are: Church Sessions, Presbyteries, Synods, and the General Assembly. The first is called church Session, as being the sit- ting together of the Elders of a church ; the sec- ond, Presbytery, as having assigned to it more fully than any other all the joint powers of Pres- byters; the third, Synod, as being the coming to- gether of many Presbyters; and the fourth, the General Assembly, as being the assembly in which the whole Church convenes. 54.— III. The Pastor is Moderator of the Session. The real ground for this regulation is, that the Moderator is accountable to the court appointing him, and a Kuling Elder, being directly account- able to the Session, would be himself too far re- 64 Chap. V., Sec. I., Par. 3. 54 moved from the control of Presbytery; and this and other regulations proceed upon the assump- tion that the Session may not be as well qualified to handle weighty matters as the Presbytery. The Moderator of the Presbytery, the Synod, and the General Assembly, shall be chosen at each stated meeting of these courts: and the Moderator, or, in case of his absence, the last Moderator present, or the oldest minister in attendance, shall open the next meeting with a sermon, unless it be highly in- convenient, and shall hold the chair until a new Moderator be chosen. The court may have several Moderators at the same time, provided their respective functions are defined, and to no one of them is assigned any func- tion not properly pertaining to a Moderator. (Cf. 56 ; but as to Session, see 63.) While no explicit provision is made for the removal of a Moderator during his term, it lies in the nature of the case that the court may revoke its own appointment. The election of a new Moderator at each stated meeting is a prudential regulation, that the court may not practically lose the power of appointing its own Moderator, and come to be, in reality, but a counsel of advice to him as a superior ; but it is a matter of discretion with the court to re-elect the same man, or to elect another. It lies with the court to determine at what point in the proceed- ings of its stated meeting the election of Moderator shall occur. The Moderator retains all his author- ity as Moderator until the election of his successor ; but, if he should, at any time during his moderat- orship, not be a member of the court, he would have no vote as a member, and therefore no cast- ing vote in case of a tie. The opening sermon may be omitted when circumstances make it highly in- 65 Chap. V., Sec. I., Par. 4. 65 convenient to have it, of which the Moderator is the judge. The Moderator, as there is no prohibi- tion of it, may appoint another to act in his place, the court not objecting. 55. — IV. The Moderator possesses all authority neces- sary for the preservation of order, and for convening and ad- journing the court, according to his own ruling. This gives to the Moderator very great authority, but it must not be so understood as to give him ab- solute power. He has no authority beyond other members to determine the actions of the court, but only to preserve order; and his power to convene and adjourn the court, according to his own ruling, does not mean independently of the order of the court, but independently of what any one, not the court, may order, or may rule that the court orders. He may also, on any extraordinary emergency, convene the court by his circular letter before the ordinary time of meeting. And in case of the failure of the appointed meeting, he may convene the court at a suitable time and place. Of the extraordinary emergency, and of the sui- table time and place, he is, of course, to be the judge ; but see paragraph 79. If it should happen that this regulation, which is designed to provide for necessary meetings that the court did not fore- see to provide for, fails to thus provide, it must be remembered that the court exists when not in ses- sion, and that, in the nature of the case, a majority of the court may always call a meeting, in the ab- sence of all express provisions to the contrary. The Moderator, if a member of the court, has the same right to vote on all questions as any other member, but he can cast only one vote; and he cannot vote at all if he is not himself a member of the court. 66 Chap. V., Sec. I. Pars. 5, 6. 56, 57 56. — V. It is tho duty of the Clerk (whose continuance in oflftce shall be during the pleasure of the court), besides re- cording the transactions, to preserve the records carefully, and to grant extracts from them whenever properly required. Such extracts, under the hand of the Clerk, shall be evidence to any ecclesiastical court, and to every part of the Church. It has not been deemed necessary, for prudential reasons, to require the election of a Clerk at each stated meeting; but each court is at liberty to fix a term of office for its Clerk. It is a matter of course that the Clerk is not superior to the court appoint- ing him, and in all his duties is subject to the order of the court ; nor has he any vote or voice in the actions of the court, unless he is a member of the court, and then he has only the same authority as any other member. His duties are three : to record the transactions; to preserve the records; and to grant extracts. All his work is subject to the correction of the court itself. But extracts un- der his hand are legal evidence everywhere of what the transactions of the court are ; but no evidence is final that has in it the possibility of error, if it is possible by superior evidence to show aod cor- rect the error. The Moderator has nothing to do with certifying the record. See, however, para- graphs 88 and 213. A court may have several Clerks at the same time, provided their respective functions are defined, and to no one is assigned any function not properly pertaining to a Clerk. (Cf. 54.) 57. — VI. Every meeting of the Presbytery, Synod, and General Assembly shall be opened and closed with prayer, and in closing the final meeting a psalm or hymn may be sung and the benediction pronounced. So much ought men engaged in ruling in the Church to seek as courts the blessing of God upon 58 Chap. V., Sec. I., Par. 7. 67 themselves and their work as rulers. If the bene- diction is pronounced, and a Billing Elder is at the time Moderator, he should remit this function to a Minister. (Cf. par. 43, and pars. 24 and 35.) 58. — VII. The expenses of Ministers and Ruling Elders in their attendance on the courts, shall be defrayed by the bodies which they respectively represent. The expenses of attendance are always what has to be paid out above what is provided in the way of voluntary entertainment. There might have been a regulation providing for each court a fund for the expenses of its members; but that is not the regulation. By analogy the expenses of members of a commission in excess of their expenses as members of the court appointing the commission must be borne by this court itself; and the same principle would apply to committees and other appointees. What bod}^ is represented is not easily answered in all cases. A Ruling Elder in Session, Presby- tery, or Synod represents his church, and in the General Assembly represents his Presbytery. So a Minister in the General Assembly represents his Presbytery. But in the other courts, v/hat body does a Minister represent? If a pastor, he might be thought to represent his church or churches; if engaged in Evangelistic, or other work, the body for which he is doing the work; and if not en- gaged in ministerial work, for some "body"; What? The two things made unmistakable by the paragraph is, that the expenses of delegates to the General Assembly are to be paid by their respec- tive Presbyteries, and of Ruling Elders in attend- ance on all other courts, by their churches. 68 Chap V., Sec. II., Par. 1. 59 Section II. — Oftlie Jurisdiction of Church Courts. The first paragraph distinguishes these courts from civil government, and the second states posi- tively the nature and scope of their jurisdiction; and the third states the principle underlying the gradation of these courts, while the fourth shows the particular gradation agreed upon for this branch of the Church. 59. — I. These assemblies are altogether distinct from the civil magistracy, nor have they any Jurisdiction in political or civil affairs. They have no povv-er to inflict temporal pains and penalties, but their authority is, in all respects, moral or spiritual. Even when the same individual is both a Presby- ter and a civil functionary, he is not the one by reason of being the other. While he is appointed unto each office by Christ the Lord of all, and is accountable to him, the method and means of his appointment, and offices to which he is appointed, are so utterly separate that his holding or not holding one of them does not modify his duties in the other. The ecclesiastical courts have no juris- diction in political or civil affairs, but only in eccle- siastical affairs. But may the same affair be at the same time political or civil and ecclesiastical? It may, and then the ecclesiastical court may deal with it. If, for instance, a member of a church should be charged with murder, it would pertain to the civil authority to try him, and, if guilty, to inflict upon him the civil penalty; and it would pertain to the session of his church to deal with him for the same offence. Nor would the ecclesi- astical court be bound to conclude him guilty or innocent of the charge according to the decision 60 Chap. Y., Sec. II., Par. 2. 69 of the civil authority. An ecclesiastical affair is any question of doctrine taught in the Scriptures or any action commanded or forbidden in the Scriptures, or any matter of temporal concern hav- ing to do with the use and disposition of offerings for pious uses ; but only so far as any question or action or concern is within what Christ in the Scripture has commanded his Church to teach or enforce or do as organized for the edification and government of his people, the propagation of the faith and the evangelization of the world, is it an ecclesiastical affair. That question is ecclesiasti- cal which the Church cannot expound and apply the whole Scripture without answering ; and that is not ecclesiastical which may be differently an- swered by men that agree in their understanding of the Scriptures. In no case, not even in a case of murder left un- punished by the civil authority, or in the case of the most awful blasphemies whatsoever, can the ecclesiastical court inflict or adjudge to be de- served, any penalty whatsoever except the declara- tion of the mind of Christ concerning the sin, and such treatment in the matter of fellowship in the Church as shall express this mind of Christ. The censure of Christ through the Church is the only instrument for enforcing the law of Christ. 60. — II. The jurisdiction of church courts is only ministerial and declarative, that is, these courts can act only as servants to de- clare what he, as their King, commands them, and relates to the doctrines and precepts of Christ, to the order of the Church, and to the exercise of discipline. 70 Chap. Y., Sec. II., Par. 2. 60 Their sphere of action lias three sections, more or less overlapping: teaching, assigning to place and work in the Church, and censure of offenders. First, They can make no laws binding the conscience ; but may frame symbols of faith, bear testimony against error in doetrine.and immorality in practice, within or without the pale of the Church, and decide cases of conscience. Symbols of faith do not make the courts, but the courts make the symbols of faith. The courts exist and have all their autliority before they frame the symbols, for the courts are nothing but Presbyters (appointed by Christ and furnished by him with the Word and Spirit) acting jointly. They may, therefore, not only formulate systems of truth, but also bear testimony, as occasion demands, against particular errors and immoralities, and give an- swers to questions propounded to them by doubt- ful consciences. Since the church is in the world as a witness to it from Christ, these courts need not confine their testimony to errors and immorali- ties of its own members. But with all this, these courts cannot make a law, they can only declare what laws Christ has already made and set forth in the Scriptures. Secondly, They have power to establish rules for the gov- ernment, discipline, worship, and extension of the Church, which must be agreeable to the doctrines relating thereto con- tained in the Scriptures, the circumstantial details only of these matters being left to the Christian prudence and wisdom of church officers and courts. The Scriptures do not undertake to lay down minute regulations for the^^ctivities of the organ- ized Church, as they do not lay down minute regu- lations for the conduct of the individual, but for each, regulating principles; and the Church, as the 60 Chap. Y., Sec. II., Par. 2. 71 individual, is to apply these regulating principles to every point of activity. This is to be done always under the guidance of the Holy Spirit, but the Holy Spirit working within and not speaking from without. The Spirit is in the Word to be understood, and in the mind seeking to understand, using the Word and the mind, and not supersed- ing them or suspending them. The individual, then, is to decide upon his act in every set of cir- cumstances, and ofttimes with only regulating prin- ciples in the Scriptures to guide him ; and so must the organized Church. The Church must decide, not in a general parliament of all its members, nor in the counsel of any one select mind, but in the parliament and counsel of select minds appointed to this very function in the Church. This does not make the Church inerrant in these matters, even as the individual is not inerrant; but the liability to error does not free the Church from the responsibility of self- direction any more than the individual. Since both the Church and the individual are liable to err, which must yield to the other in case of difference ? Neither to the other, but both to Christ. The disagreement may be due to error in the individual, then he ought to correct his error; or to error in Church, then the Church ought to correct its error ; or to error in both, then both should correct their error. But the individual and the Church are equally answerable to Christ alone, and equally free from control by the other, except so far as each speaks the mind of Christ. The Church must show the gentleness of Christ toward the individual, and the individual must show the 72 Chap. Y., Sec. II., Par. 2. 60 humility of Christ toward the Church; but each must obey Christ, and each must judge. what Christ commands. And woe to the individual that sets up his error against the teaching of Chr!3t in the Church; and woe to the Church that sets up its error against the teaching of Christ in the indi- vidual. But so far as the rules established by the Church are agreeable to the doctrines relating thereto contained in Scripture, Christ requires the individual to obey them, however unwisely they order circumstantial details. These rules may have to do with the administra- tion of government in general, as the regulations laid down in the Form of Government, or with the exercise of discipline in particular, as the regula- tions laid down in the Rules of Discipline, with the conduct of worship, as the regulations laid down in the Directory for Worship, or with the work of extending the Church, as the regulations adopted from time to time touching the various missionary activities of the Church. The very fact that these regulations are not wrought out in detail in the Scriptures, implies that they should be adapted to changing conditions from time to time. Thirdly, They possess the right of requiring obedience to the laws of Christ. Hence, they admit those qualified to seal- ing ordinances and to their respective offices, and they exclude the disobedient and disorderly from their offices and from sacramental privileges ; but the highest censure to which their authority extends is to cut off the contumacious and impenitent from the congregation of believers. The right of requiring obedience implies the pos- session of means of enforcing obedience; but the only means in the hands of church courts is sen- tence of approval or censure. The sentence of 61, 62 Chap. V., Sec. II., Pars. 3, 4. 78 approval may extend to admission to sacraments and office ; and the sentence of censure to exclu- sion from sacraments and office. Since the use of the sacraments is limited to the congregation of believers, the children being baptized only upon the faith of parents, to exclude from the sacraments is to exclude from the congregation of believers; and this is the utmost to which the sentence of a church court may go. Mm^eover, they possess all the administrative authority necessary to give effect to these powers. For instance, if one is excluded from the sacra- ments, any Minister administering the sacraments to him is subject to ecclesiastical censure for dis- regarding the authority of Christ in the sentence of exclusion ; but a church court has only declara- tive authority, and can never inflict temporal pains and penalties. 61. — III. Ail church courts are one in nature, constituted of the same elements, possessed inherently of the same kinds of rights and powers, and diifering only as the Constitution may provide. Yet it is according to scriptural example, and needful to the purity and harmony of the whole Church, that disputed njatters of doctrine and order, arising in the lower courts, should be referred to the higher courts for decision. 62.— IV. For the orderly and efficient dispatch of eccle- siastical l)usin(\ss, it is necessary that the sphere of action of each couit should be distinctly defined. The general principle that all the courts have the same kinds of rights and powers is subject to two limitations : "that disputed matters of doctrine and order, arising in the lower courts, should be referred to the higher courts for decision"; and that, by special regulations, the sphere of action of particu- lar courts should be limited by express definitions. 74 Chap. V., Sec. II., Par. 4. 62 It is involved in these two principles, that every court has all ecclesiastical powers not expressly withheld from it or expressly assigned exclusively to another court; that every higher court has all power over all courts and persons within its jurisdiction, subject only to constitutional rules of procedure ; and that no court has any power over those who do not belong to that part of the Church of the Presbyters of which the court is an as- sembly. The Session exercises jurisdiction over a single church, but not over Ministers at all; the Presbytery over what is common to the Ministers, Sessions and churches within a prescribed district, that is, it has exactly the same authority over one of its Ministers, Sessions or churches, as it has over any other of its Ministers, Sessions or churches ; the Synod over what is common to three or more Presbyteries, and their Ministers, Sessions and churches, from which it appears that every Minister, Session or church must belong to some particular Presby- tery, and that a Synod must have at least three Presbyteries ; and the General Assembly over such matters as concern the whole Church, where " Church " means, as often, the Presbyterian Church in the United States, but that striving to be, within its measure, what the whole visible Church should be, and keeping itself a separate organization only so long as it has to do this for the sake of liberty to obey Christ ; and the jurisdiction of these courts is limited by the express provisions of the Constitution. Every court has the right to 62 Chap. Y., Sec. III. 75 resolve questions of doctrine and discipline seriously and reasonably proposed, and in general to maintain truth and righteousness, condemning erroneous opinions and practices which tend to the injury of the peace, purity or progress of the Church; and although each court exercises exclusive original jurisdiction over all matters specially belonging to it, the lower courts are subject to the review and control of the higher courts in regular gradation. Hence, these courts are not sepa- rate and independent tribunals ; but they have a mutual rela- tion, and every act of jurisdiction is the act of the whole Church, performed by it through the appropriate organ. In the nature of the case, the entire Eldership of the Church assembled together would be a court hav- ing all power of every sort over every part and member of the Church, subject only to such limi- tations as in its nature ecclesiastical power is sub- ject to. For this catholic assembly of all the Presbyters, as being impracticable, there is, by constitutional regulations, substituted an assembly of selected representatives of the Eldership from all parts of the Church, and, besides this delegated assembly, smaller assemblies, as Synods and Pres- byteries, partly delegated and limited in their scope of action to the parts of the Church to which they respectively pertain, and also local assemblies of Presbyters not delegated. But all these assem- blies are but sections of the one Eldership, who thus, for practical reasons, distribute among them- selves fragments of the one jurisdiction pertaining to them as one court. Section III. — Of the Church Session. The first paragraph shows who are members of the Session; the next three paragraphs show who is Moderator in the absence of the Pastor, when there is no Pastor, and when there are more Pastors than one, it being already settled that the Pastor is the 76 Chap. V., Sec. III., Par. 1. 63 Moderator of the Session (paragraph 54) ; the fifth paragraph enumerates the rights and powers and duties of the Session, and the remaining paragraphs add some special regulations — one as to when meetings of the Session shall be held, one as to records, of its proceedings, one as to certain items that are especially to be recorded, and one as to devotional exercises in connection with the meet- ings. 63.— I. The church Session consists of the Pastor or Pastors, if there be any, and the Ruling Elders of a church. From this it appears that a church may have a plurality of Pastors. A Pastor is a member of the Session, having the same voice and vote, perma- nency and responsibility therein, as any other member, no more and no less. Two Ruling Elders, if there be so many, with the Pastor, if there be one, shall be necessary to constitute a quorum. But the Pastor and one Ruling Elder may constitute a quorum in cases where there are only two Elders. In this last sentence "Elder" must be understood to mean Euling Elder as distinguished from Teach- ing Elder. We have then the following cases: When the Session consists of one or more Pastors and three or more Ruling Elders, then a Pastor and two Euling Elders are a quorum ; if the Ses- sion consists of one or more Pastors and one or two Euling Elders, then a Pastor and one Euling Elder are a quorum ; when the Session consists of more than one Euling Elder without a Pastor, then two are a quorum ; and when the Session consists of one Euling Elder, one is a quorum. By analogy in the above sentences, we might write Pastor for Euling Elder and Euling Elder for Pastor. If the 64 Chap. V., Sec. III., Par. 2. 77 Session Las both sorts of Elders, one at least of each sort is required to make up a quorum ; if the Session has a plurality of members, a plurality is required to make up a quorum, and if the Session has a plurality of Elders of one sort only, a plurality of that sort is required to make up a quorum. 64. — II. In case of the absence of the Pastor, or when for prudential reasons it may appear advisable that some other Minister should preside, such Minister belonging to the same Presbytery, as the Pastor, with the concurrence of the Elders, may designate, shall be invited to preside in his place. There are two cases when some one not the Pastor may preside, in cases where the church has a Pastor: in the absence, of the Pastor, so that his attendance is impracticable; and v/hen, for pruden- tial reasons (for he cannot lose his right to preside while remaining Pastor), it appears advisable that another preside. Appears advisable to whom? To the Pastor, and the other Elders consent; or to the other Elders, and the Pastor consents ; or to both the Pastor and the other Elders. But neither can the other Elders forbid the Pastor to preside, nor can the Pastor require them to permit some one else to preside. Four things must be true of the substitute Moderator: he must be a Minister; he must belong to the same Presbytery as the church ; he must be designated by the Pastor; and he must be acceptable to the rest of the Elders. Of course, by common consent, any member of the Session may preside in the Pastor's presence, by way of relieving him from labor ; but in case of any dis- pute of his ruling, the Pastor must resume the chair and make the moderatorial ruling. No pro- vision is made for the case in which a church has 78 Chap. Y., Sec. III., Par. 3. 65 a Pastor that has become incapacitated for desig- nating a substitute, as by illness or mental de- rangement; but in such case the church is really without a Pastor, and the next paragraph would apply ; but, in case of doubt or dispute, the Pres- bytery would have to determine whether the emer- gency and conditions are such as require this. When the Pastor is going to be absent for a length of time, and it is probable that there will be need for sessional action before his return, he and the other Elders may agree beforehand what Minister shall be invited to preside in his place. 65.— III. When a church is without a Pastor, the Moder- ator of the Session shall be either the Minister appointed for that purpose by the Presbytery, or one invited by the Session to preside on a particular occasion. But when it is inconveni- ent to procure the attendance of such a Moderator, the Session may proceed without it. In Judicial cases this Moderator shall always be a member of the same Presbytery to which the church belongs. The Moderator of the Session is an appointee of the Presbytery, to which, and not to the Session, he is responsible for his behavior and decisions as Moderator. (Cf. par. 54.) When the church has no Pastor, who is always appointed to his office by the Presbytery, it belongs to the Presbytery to appoint some one of its Ministers as Moderator of the Session. In case this has not been done, or in case this presbyterial Moderator cannot be present without hurtful delay, of which the Session must judge, the Session may invite some Minister to preside, but with two limitations : the Session can never select any one as its permanent Moderator, but only to preside on a particular occasion ; and, if the particular occasion is to take action in a ju- ee, 67 Chap. V., Sec. III., Pars. 4, 5. 79 dicial case, the Moderator tlms invited for the par- ticular occasion must be a Minister of the same Presbytery as the church, tha,t in so important a matter no confusion of jurisdiction may arise. And only when the Session finds it inconvenient to procure the attendance of either the Moderator appointed by the Presbytery, or of any Minister invited by itself for -a particular occasion, may the Session select one of its own members to moderate it for that occasion. Even in a judicial case, a Session may proceed with one of its own number as Moderator, if the emergency requires. And, of course, the Session can always convene, with one of its own members presiding, for the purpose of inviting a Minister to preside. If one of the Euling Elders acts as Moderator, or some Minister not appointed by Presbytery to preside, the appeal from his decisions must be to the Session ; but if the Moderator of the Session is the Pastor or any other appointee of the Presby- tery, the appeal from his decipions must be to the Presbytery. 66. — IV. lu churches where there are two or more Pastors, they shall, when present, alternately preside. That is, that one present since whom the others present have presided shall preside. And this paragraph forbids a church's having an assistant Pastor in the sense of a Pastor with less authority in the government of the church than another, however the other work of the pastoral office may be distributed among them. 67.— V. The church session is charged with maintaining the spiritual government of the church, it being discretionary with the Session to commit 80 CHAr v., Sec. III., Tar. 5. 67 the management of the temporal affairs to the Deacons, for which purpose it has power 1. to inquire into the knowledge, principles, and Christian conduct of the church members under its care ; The Buling Elders and the Deacons are individu- ally under the care of the Session, as well as all others enrolled as members, .whether admitted to the Lord's Supper or not. It has power to in- quire into their knowledge; this is especially to be done in the case of the children of the church, in order to deal wisely with them as to their coming to the Lord's Supper, and it is needful in the case of all, in order to judge of their principles and conduct and of what instruction they need. In- quiry into principles and conduct is necessary, not only for purposes of discipline, but also for the prevention of the entrance of heresies and immor- alities. But the inquiry of Session has to do only with Christian conduct, that is, with their conduct as to whether it is as Christian conduct should be. 2. to censure those found delinquent ; This is to be done always in accordance with the Rules of Discipline; tut it is to he done. And when this function is unused, then Presbyterian government becomes a set of unused functions, which are sure to become diseased and perverted to wrong uses. 3. to see that parents do not neglect to present their chil- dren for baptism ; Otherwise Christ is disobeyed in neglecting the very first step to be taken by the Church toward saving its own children. Such negligence is a vio- 67 Chap. Y, Sec. III., Par. 5. 81 lation of their churcli covenant on the part of the parents. The Session is not to urge parents to present their children for baptism and with that be content, but to see that they do it. 4. to receive members into the communion of the Church ; The persons thus admitted may be either already members of the Church not hitherto admitted to its communion, or not before members of the Church at all. It must be observed that the phrase is '* communion of the Church," not "communion of the church." The power to admit into the membership of the particular church from other churches is not here given to the Session, nor anywhere; for such persons have already been admitted by the Church, acting through its ap- propriate organ, to its communion, and the only question remaining for decision, after it is ascer- tained that an applicant for membership in the particular church is already a member in the Church, is the mere question of particular jurisdic- tion, for which rules are elsewhere given. For if one Session should refuse admission to those to whom another Session has granted it, that would be for the Church through one organ to contradict its action through another organ. But such a per- son, it being determined to what particular juris- diction he belongs, must be dealt with by that court as a member of the Church ; and if unworthy of membership, he must be suspended or excom- m-unicated by the methods prescribed, and not by a mere refusal to acknowledge the fact of member- ship. This principle is subject to three modifica- tions. First, as to applicants from other churches 6 82 Chap. Y., Sec. III., Par. 5. 67 or denominations, the Session has more discretion, for the reasons that the refusal to admit leaves the person where he was in the Church, and does not make the one set of Elders, working together as one under our Constitution, do contradictory acts, and that the principles which guided in the previous admission of these persons in the other denomina- tion were more or less short of what the Session has itself undertaken to apply. In the second place, as in the organization of a new church (par. 26), so in enlarging the membership of an organ- ized church, there is a higher necessity of preserv- ing the church from destruction by an influx of the unregenerate than of complying with the letter of requirements that were meant to conserve and not to destroy the efficiency of the Church in all its parts. And in the third place, it is, after all, con- stitutional for one court to complain to the higher courts against the actions of another court, and pending the final decision let the status quo re- main. And the unity and purity of the Church require that, if a Session refuses to accept mem- bers from another Session's jurisdiction, it refer their status back to the Session from which they came, that that Session either cancel the testi- monials it has given or insist upon their acceptance, and that, the two Sessions not agreeing, the matter be brought in an orderly way to the higher courts for decision. 5. to grant letters of dismission to other churches, which, when given to parents, shall always include the names of their baptized children ; Kegulations given elsewhere direct when such letters of dismission shall be granted. They 67 Chap. V., Sec. III., Par. 5. 8B should, of course, certify nothing that the Session does not believe to be true. The "churches" to which the letters are given need not be in the Presbyterian Church in the United States ; nor is it necessary always that a church be named in a letter of dismission. It would be proper to give a letter of dismission of a baptized but non- commu- nicating member, if he has no parents in whose letters his name could be included, or if he is not to reside with them and under their control. 6. to ordaiu and install Ruling Elders and Deacons on their election by the church, and to require these officers to devote themselves to their work ; The Session has power to decline to ordain and in- stall those who are not qualified, even if the church elects them, just as the Presbytery has power to decline to ordain and install as a Pastor a proba- tioner called by a church ; and it is the duty of the Session not to ordain and install, unless satisfied that the persons elected are qualified. The deci- sion to ordain and install should be made by the Session in formal meeting; and it is advisable that this meeting be not the same as that at which the ordination and installation takes place. The Ses- sion, as a body, has jurisdiction over the individual Euling Elder or Deacon in his official capacity, and should inquire into his knowledge, principles and Christian conduct in his office, and censure him if found delinquent. No one should be allowed to remain in office who will not devote himself to his official work. 7. to examine the records of the proceedings of Deacons ; This record includes the account of collections and 84 Chap. V., Sec. III., Par. 5. 67 distributions. (Par. 49.) The neglect to do this means neglect of the previous duty ; so far as it applies to the Deacons, means the divorce of the temporal and the spiritual affairs of the church, so that the church may come to have temporal affairs not subordinated to its spiritual interests, and means a condition making for disunity. 8. to establish and control Sabbath-schools and Bible classes, with especial reference to the children of the Church; Schools and classes for study of the Bible on other days than the Sabbath are included. Such schools the Session is not only to establish, but also to control. It belongs to the Session to appoint the officers and teachers of these schools, or else to order the method of their appointment, which should always be subject to the approval of the Session, and to prescribe and enforce regulations for the conduct of the schools. In all its actions touching Bible schools the Session is to have spe- cial reference to the children of the Church. (Cf. pars. 29, 30 and 45.) 9. to order collections for pious uses ; Collections are not to be ordered by the Deacons, nor by the Pastor, nor by individual Elders, nor by trustees, nor by leading persons in the congre- gation, male or female, but by the Session; and this applies to collections from house to house or from individual to individual, outside the public assembly, as well as to collections in the public assembly. No one should solicit among the mem- bers of the church, as such, except by order of the Session. The reservation of this power to the Session is needful for the unity and harmony of 67 Chap. Y., Sec. III., Par. 5. 85 the church, and for the right direction and training of the people in making offerings for pious uses. 10. to take the oversight of the singing in the public wor- ship of God ; Compare paragraph 38, where it says that the Pastor is to direct the congregation in singing the praises of God. It pertains to the Session to give orders concerning it, but to the Pastor, in the midst of the worship, to direct it, always himself observ- ing the orders of the Session. Only the Session should ever determine what books of praise and what instruments of music, and what persons as musicians and singers shall be used as helps to the congregation in the service of praise; and it be- longs to the discretion of the Session to be more or less minute in its directions concerning this matter ; but never should the Session allow it to pass out of the real control of the Session. 11. to assemble the people for worship when there is no minister ; (Cf. par. 25). 12. to concert the best measures for promoting the spiritual interests of the church and congregation ; The congregation here includes all who meet in the church's assemblies of worship, and indeed all who are so related to the church or its members, that their spiritual good is more or less imme- diately connected with the worship and doings of the church; but in some places congregation is used in a narrower sense, the church convened or convenable. The Session is to aim at promoting the spiritual interests (the only sort of interest that a church can have) of the church, both from all 86 . Chap. V., Sec. III., Par. 5. 67 other points of view and when regarded as an as- sembly. There is nothing in principle or prudence for- bidding others to suggest to the Session measures for this end, if only these suggestions are made with a proper sense of the sole authority of the Session, to act according to them or not, in its own wisdom. And it would be in harmony with all re- quirements for the Session to convene the church for hearing information, for considering and advis- ing in such matters as the Session should refer to it for this purpose, and for such other action as the Session should convene it for, provided, only, the sole authority and responsibility of the Session for the spiritual government of the church be never ignored or compromised. 13. to observe and carry out the higher injunctions of the lower courts ; whetherthese injunctions are lawful the Session must judge. Compare the discussion under paragraph 60, item secondly^ which principles apply here. But in no case can it be proper for a session to ig- nore the injunction of a higher court ; it should al- ways either obey the injunction, or certify its refu- sal and reasons therefor to the next superior court. and 14. to appoint representatives to the Presbytery and the Synod, who shall, on their return, make report of their diligence. The Pastor, being a member of the Session, has an equal vote with any other member of the Session in appointing these representatives. The neglect of this duty on part of Session means the cutting itself off to that extent from co-operation with the 68 Chap. V., Sec. III., Par. 6. 87 rest of the Eldership of the Church and thus im- pairing the unity of the Church. 68. — VI. The Session shall hold stated meetings at least quarterly. The neglect of this rule when a church has a Pas- tor means the government of the church by him instead of by the Session , and his failure to con- vene the Session is presumptive evidence of his willingness to rule without his brother Elders. The neglect of this rule when the church has no Pastor means either anarchy or paralysis of church life- Moreover, the Pastor has power to convene the Session when he may judge it requisite ; and he shall always convene it when requested to do so by any two of the Ruling Elders; and when there is no Pastor, it may be convened by two Ruling Elders. The lodging of this power in the hands of the Pastor is simply a matter of convenience ; for if a majority, counting him, do not desire to proceed to the business, nothing can be done; nor can two Elders by calling a meeting, or having it called, carry any action, or even have the Session consider it, unless a majority are in favor of so doing. If a Pastor should refuse to convene a meeting when properly requested to do so, he would be censur- able upon conviction before Presbytery. It is always necessary, in convening the meeting of any court, to give due notice to all its members ; and should it appear that any member was not given reasonable timely notice of the time, place and purpose of the meeting, the proceedings of that meeting would be null and void, should he call their validity in question. What would be timely 88 Chap. V., Sec. III., Paes. 7, 8. 69, 70 notice the Session, or, on complaint, the Presbytery, would have to decide. In no case ought the validity of an action to be upheld, if there was a purpose to promote the absence of a member of the court by the imperfection of the notice. The Session shall also convene when directed so to do by the Presbytery. When the Presbytery gives such a direction, it should see that notice is given to each member of the Session. It is evident, from this regulation, that the Session is largely the Presbytery acting through a sort of commission. 69. — VII. Every Session shall keep a fair record of its pro- ceedings, which record shall be at least once in every year submitted to the inspection of the Presbyteiy. The record should show all the proceedings of Session ; and the records of congregational meet- ings may be ordered spread upon its own records, as may any communication or document referred to the Session. If the Session fails to submit its records at the first stated meeting of Presbytery in any year, it should submit them at the next stated meeting in the same year. 70. — YIII. Every Session shall keep a fair record of bap- tisms, ordered by it and reported to it as administered ; of those admitted to the Lord's table, by it; of non-commnnicating members, enrolled by it as under its jurisdiction; and of the deaths 71,72 Ch. v., Sec. III., Par. 9, Sec. IV., Par. 1. 89 reported to it (and all deaths of members should be formally reported to it), and dismissions of church members. All these items come properly in the proceedings of the Session ; but inasmuch as there is often kept a separate tabulation of such items, it might be thought unnecessary lo record them among the pro- ceedings but for this explicit regulation. 71.— IX. Meetings of the Session shall ordinarily be opened and closed with prayer. It would seem reasonable that when prayer is omitted, it be omitted by action of the Session, and not by the single decision of the Moderator; and then the reason for the omission might be stated in the action. Section IV. — Of the Presbytery. The first five paragraphs have to do with the question of what members the Presbytery shall be composed. The first two define the membership, the second prescribing how a Euling Elder's right to sit shall be determined; the third defines the quorum ; and the next two prescribe how Ministers shall be admitted and what obligations they shall subscribe. The sixth paragraph enumerates the powers of Presbytery. And the last three para- graphs contain some special regulations ; the first as to records and reports to higher courts ; the next as to meetings ; and the last as to extending the courtesies of the floor to other Ministers than the members. 72.— I. The Presbytery consists of all the Ministers and one Ruling Elder from each church within a certain district. 90 Chap. Y., Sec. IV., Par. 1. 72 Three things are here determined: that the Presbyteries shall not territorially overlap; that every Minister within the district shall be a mem- ber of the Presbytery ; and that one Ruling Elder, and only one, from each church shall be a member. The principle underlying the district regulation is this : that neither shall Ministers or churches select their own Presbytery, nor shall Presbyteries select their own Ministers and churches, but that the Presbyterial connection of Ministers and churches shall be determined by their residence and sphere of labor. For "district" is not to be interpreted rigidly, so that, for instance, a Minister, cculd not, for convenience, reside in the territory of one Pres- bytery and be Pastor of a church in another Pres- bytery; but a Minister could not be Pastor of a church belonging to a different Presbytery from himself. It is not, then, the place of residence of a Minister that determines his Presbyterial connec- tiod, but the sphere of his labor. Accordingly, if a Minister is engaged in labor that has no terri- torial location, or that is not under the control of one Presbytery rather than another, his Presby- terial connection is not determined by the provi- sions of this paragraph. The district regulation is to be interpreted more rigidly as to churches, and yet the end of the regulation is to be kept in view. If there were two populations of different lan- guages inhabiting the same territory, so that it would be impossible for their Elders to understand one another in the same Presbytery, it would not violate the principle here intended to have two Presbyteries covering more or less the same geo- graphical district; but to have churches lying 72 Chap. V., Sec. IV., Par. 1. 91 within the same district of inter-communication to belong to different Presbjteries would violate the principle. Other causes than distance in place or difference in language might be important enough to enter into the delimitation of a Presbytery's dis- trict; and of such possible causes the higher courts would have to decide. But in no case must churches be permitted to group themselves accord- ing to their mere preference. Every Minister, even if his labor is not specially under the control of a Presbytery, must be assigned to that labor by some Presbytery, and be answer- able to this Presbytery for his ministerial conduct therein. Even when he is not engaged in any ministerial labor, he must be answerable to some Presbytery for not being so engaged, and subject to some Presbytery's direction when called to a work. At all times a minister must be answerable to some Presbytery for his behavior. He must, therefore, always be a member of some Presbytery, that he may always be under the immediate juris- diction of some court. And the Presbytery is the lowest court whose jurisdiction is extensive enough to direct and to judge him in the labors proper to his office. The necessity of his always being a member of some Presbytery is not so much that he may have a voice in ruling the Church as that the Church may be able to rule him. The Ruling Elder is not a member of the Pres- bytery in order to come under its jurisdiction, for he is under the immediate jurisdiction of his Ses- sion, but in order that the Church may have his counsel in the Presbyteries. That they are not all members of Presbytery is due to the practical dif- 92 Chap. V, Sec. IV., Pars. 2, 3. 73, 74 ficulty of attendance by tliem all. One is required from each church, that there may be in the Presby- tery intelligence of the needs of every chnrch, and that every church may be kept in living connection with the Presbytery. Only one is required, however numerous the membership of the particular church, because it is not the theory that majorities are wise and should rule, but that the Church comes to see together the mind of Christ by counselling together in love. While, from practical necessity, the ma- jority prevails when there is a difference of judg- ment, this difference of judgment, after delibera- tion, is simply a failure of men to work out the rule of Christ. And the members of a majority ought to grieve more over the difference of judgment than rejoice over carrying the decision their way. 73. — II. Every Ruling Elder not known to the Presbytery shall produce a certificate of his regular appointment from the Session of the church which he represents. This implies that a Euling Elder may not sit in Presbytery unless regularly appointed by his Ses- sion ; but there is no prescription for how long he may be appointed. 74.— III. Any three Ministers belonging to the Presbytery, together with at least one Ruling Elder, being met at the time and place appointed, shall be a quorum competent to proceed to business. If less than a quorum, they can wait the coming of others, until the required quorum is present, the time of meeting being construed to mean from the point of time named until a quorum is present ; and so, if none are present at the point of time, but afterwards a quorum arrives, it may proceed to business. But if less than a quorum are present at the point of time, and have left, supposing there 75 Chap. V., Sec. IV., Pars. 3, 4. 93 would be no quorum, then the meeting fails, and no number coming later would be a quorum. Otherwise there would be no determinable point at which the meeting fails. As in the case of the Session (paragraph 63), so here, it is required that both sorts of Presbyters be present, but the number of each is a matter of practicability ; for while, in the case of the Session, one Minister and two Buling Elders are required, here three Ministers and one Euling Elder. And the requirement that both should be present is not grounded on a denial that a court of Presbyters of either class, were there none of the other available, would be a competent court, but on the affirmation that neither class can lawfully assume to themselves authority to the exclusion of the other class. It is calculated that ordinarily the numbers here named will be present, even when the meeting is held at an inconvenient time and place, and that so small a number may be trusted to act for the time rather than to delay pressing business. 75. — IV. Ministers seeking admission to a Presbj^terj^ shall be examined on experimental religion, and also touching their vi3ws in theology and church government. If applicants come from other denominations, the Presbytery shall also require them to answer in the aflfirmative the questions put to candi- dates at their ordination. This is simply an instance of Presbytery inquir- ing into the knowledge, principles, and Christian conduct of the ministers under its care (compare paragraph 67) ; and it would be altogether in har- mony with the principles of the Book of Church Order for the Presbytery to make such inquiry on other occasions. This inquiry is prescribed at the transition of a minister into another Presbytery, 94 Chap. V., Sec. IY., Par. 5. 75 lest sometimes one sliould by change of Presbyte- ries escape discipline. Moreover, this regulation occasions a frequent recurrence of the question of the purity of their own life and doctrines to the members of Presbytery. It may therefore serve to confirm what is good as well as to prevent what is evil. The special requirement of applicants from other denominations simply requires of them what the others have complied with at their ordination. If the Presbytery should reject an applicant who comes from another denomination, and take no further action, he would be left in ecclesiastical standing where he was before ; and there is no ac- tion that the Presbytery could take, unless to com- municate its reasons to that ecclesiastical authority from which he came. But in the case of a Minis- ter coming from a sister Presbytery of this Church, as his application could not be considered until it was ascertained that he had been regularly dis- missed from that Presbytery to the one to which he applies, under the jurisdiction of which Presby- tery is he, between the time of the acceptance of his certificate as a regular dismissal and his formal admission? Under the jurisdiction of the Presby- tery from which he, comes. Otherwise, he would, as soon as his certificate is acted upon, and before his examination, be a member of the Presbytery to which he applies (for he is a member of that Presbytery which has jurisdiction over him), and he could no longer be said to be seeking admission. But if the Presbytery refuses, after the examina- tion, to admit him, the reasons for that refusal should be certified to the Presbytery that granted him his certificate. Then that Presbytery should 76 Chap. V., Sec. IY., Par. 5. 95 either try and censure him bj due process, or in- sist upon his admission into the other Presbytery, leaving the issue between the two Presbyteries, if they cannot agree, to be determined by the higher courts. For the unity of the Church is broken if it does contradictory things through two courts. (Cf. par. 67:4.) 76.— V. The Presbytery shall cause to be transcribed, in some convenient part of the book of records, the obligations required of Ministers at their ordination, which shall be sub- scribed by all admitted to membership, in the following form, viz. : "I, A. B,, do exanimo receive and subscribe the above obligation as a just and true exhibition of my faith and princi- ples, and do resolve and promise to exercise my ministry in conformity thereunto." These obligations are the first seyen questions in paragraph 119, the eighth being a question for in- stallation only. All persons admitted to the communion in this Church are required to promise to behaye accord- ing to the j9m^c?*/^Ze<9 of the faith and practice of this Church. All officers are required to profess acceptance of the standards of doctrine and goy- ernment, and to promise faithfulness in office; and, in the case of Kuling Elders and Ministers, special emphasis is laid upon soundness in the faith as a qualification. (Par. 44 ; cf. par. 48.) In addition to this, Ministers are required to make this sub- scription, which inyolyes two special particulars: they here profess that the affirmations and pro- mises made at their ordination are a just, as well as a true exhibition of their faith and principles; and they further promise to exercise their ministry in conformity thereunto. It is conceiyable that a man might sincerely answer all the questions in the 96 Chap. V., Sec. IY., Par. 5. 76 affirmative, and yet not be able to say that they are a just exhibition of his principles. And it might come about that one who sincerely answered these questions in the affirmative at his ordination would not be able to do so at his transition to an- other Presbytery. In such case, he could not sub- scribe. Here emerge two questions. If, for this or any reason, a Minister refuses to subscribe as here required, is he a member of the Presbytery to which he has come? No; his ad- mission is not completed until he subscribes, any vote to admit him being really a vote to admit him upon his subscribing. Strictly, a Minister who has been approved on examination should not be en- rolled as a member until he subscribes. If a Minister, after his ordination, changes his convictions, so that he cannot sincerely make the affirmations that he made at his ordination, what ought he to do ? It is the doctrine of the Form of Government that he ought not to change his mind ; and, therefore, it does not belong to an exposition of it to answer the question. Whether the courts should treat such a change as an offence, should be answered under paragraph 152 of the Kules of Discipline. Here belongs the consideration of the question whether the Church should require such a sub- scription as a condition of admission to the minis- try. That turns upon the question whether this requires more than Christ requires. Are the faith and principles which he toaches, and to which he commands all his ministers to conform their minis- try, justly exhibited in the affirmations required by the Form of Government at ordination ? And 77 Chap. Y., Sec. IV., Par. 6. 97 this question is reserved for discussion where those affirmations are required. But the requiring of promise and subscription is a prudential means, permissible if nothing is required beyond what Christ requires. 77. —VI. The Presbytery has power 1. to receive and issue appeals, complaints and references brought before it in an orderly manner ; What is an orderly maner, and how the Presby- tery shall proceed, are questions answered in the Rules of Discipline. 2. and in cases in which the Session cannot exercise its authority, shall have power to assume original jurisdiction; The continuity and harmony of the sentence would have required it to run thus: "to assume original jurisdiction in cases in which the Session cannot exercise its authority." But the clause was in- serted as an amendment, and in the framing of it the harmony of the sentence was not sufficiently attended to. These cases will be as follows : where there is no Session ; in all matters for which one Elder is incompetent, where there is but one mem- ber of the Session ; in every matter for which the Session as it exists is disqualified by the relations of its members to the matter. Of its own ability the Session must judge, and of the need of assum- ing jurisdiction the Presbytery must judge. If the Session underta.kes that for which it is not competent, the Presbytery does not have to wait for the Session to refer the question of its inability to the Presbytery, nor for some one to complain against the Session as unable ; but the Presbytery may act upon its own information, and assume the functions of the Session at its discretion, whenever 6 98 Chap. Y., Sec. IV., Pah. 6. 77 the Presbytery judges the Session to be unable. This action of the Presbytery, as every other of its actions, is subject to review by the higher courts. In all cases where there is no Session, the Pres- bytery is the Session. 3. to examine and license candidates for the holy ministry ; As no time is prescribed to elapse between the Presbytery's first recognition of one as a candidate till his licensure, he may be under the Presbytery's care as a candidate an indefinite length of time; and his examinations may take place from time to time, in the discretion of Presbytery. But he is not a licentiate, until he is licensed ; and after he is licensed, he still remains a candidate for the holy ministry, for no one is a Minister until he is ordained. Obviously, it lies with the Presbytery to give directions to a candidate in his prepara- tions pending the conclusion of his examinations. 4. to receive, dismiss, ordain, install, remove and judge Ministers ; More special regulations for the exercise of these, as of other functions, are to be found elsewhere; but such regulations are not intended to take away the powers here assigned. The power to receive, dismiss, ordain and judge Ministers involves full jurisdiction over their conduct and teachings, pri- vate and official ; and the power also to install and remove them involves full control over them in assigning them to spheres of labor. While the Presbytery could not appoint any Minister to a labor to which Christ does not appoint him, and it must be assumed that Christ will make known his will to the Minister as well as to the Presbytery, 77 Chap. Y., Sec. IY., Par. 6. 99 yet Christ may speak to him through the Presby- tery ; and he has promised subjection to his breth- ren in the Lord. Constitutionally, Ministers r.re subject to the order of Presbytery. 5. to review the record of church Sessions, redress what- ever they may have done contrary to order, and take effectual care that they obser^^e the Constitution of the Church ; It is not enough to look over the sessional records, but the Presbytery should "redress whatever" the Sessions "have done contrary to order." The Sessions are small in numbers, and often of neces- sity composed of men only imperfectly acquainted with the application of the principles of order, and the Presbytery is supposed to be composed of men among whom will be some of superior skill and wisdom in these matters ; and accordingly the Pres- bytery is given the greatest power of supervision. And it is able effectually to see that they observe the Constitution ; for the Presbytery may, as pointed out above, assume the functions of the Session when it finds the Session unable to exercise its authority. As it would be exceedingly tedious to read over all the Session records before the whole Presbytery, they may be referred to committees to examine in detail and report upon; but care should be taken that these committees are men of superior ability as Presbyters, and they should do their work carefully and make their reports to Presbytery full. 6, to establish the pastoral relation, and to dissolve it at the request of one or both of the parties, or where the interests ot religion imperatively demand it ; Full regulations are elsewhere given for the first two items of this clause; but where the interests of 100 Chap. V., Sec. IV., Par. 6. 77 religion imperatively demand the dissolution, the Presbytery may act without the request or consent of either party. 7. to set apart Evangelists to their proper work ; The principle must apply to teachers, editors and Ministers called to labor in such other works as may be needful to the Church. (Cf. par. 37.) 8. to require Ministers to devote themselves diligently to their sacred calling and to censure the delinquent ; There is much official work for a Minister to do who is not engaged as Pastor or in any special work. Ministers may be delinquent in doing this general labor, and they may be delinquent in not entering into openings for special labor. The Presbytery should allow no man to retain the dig- nity and power of a Minister who will not dili- gently devote himself to his official work. If the Presbyteries will faithfully exercise their power of appointing their Ministers to special work, they may also exercise this power of requiring them to devote themselves to their ministerial duties. 9. to see that the lawful injunctions of the higher courts are obeyed ; by itself and by its Sessions and churches. 10. to condemn erroneous opinions which injure the purity or peace of the Church ; It is not intended that Presbytery shall take note of all opinions. An opinion to be condemned by Presbytery should be such as is erroneous, as is injurious to either the purity or the peace of the Church, and as will have its injurious influence diminished by the Presbytery's condemnation. But the Presbytery in condemning such opinions is not going outside of its proper sphere. 77 Chap. V., Sec. IY., Par. 6. 101 11. to visit churches for the purpose of redressing the evils that may have arisen in them ; For the exercise of this power the Presbytery is given an effectual method, the assumption of the jurisdiction of Session in needful cases. 12. to unite or divide churches, at the request of the mem- bers thereof ; While Presbytery has discretion to refuse to unite or divide churches when the members request, it may not unite two churches unless the members of each request it, nor divide a church unless its members request it. This makes sacred to its own decision the individuality of the particular church. It is in the particular chuch as nowhere else that the whole idea of the Church is gathered up and expressed; and a group of churches such as is united in a denomination, as the Presbyterian Church in the United States, cannot so well or so fully express the life and unity of the whole Church as can a particular church. Therefore the particular church, while not independent of other churches, does not exist for the denomination, but the de- nomination for the particular church. It is to be assumed that, when there ought to be a union or division of particular churches, the members thereof can be brought to see it; and if they should be too hasty to request union or division in any case, the Presbytery may refuse the request. Has Presbytery, then, the power to dissolve a church without the consent of its members ? Cer- tainly not. For if it cannot divide it without its consent, it cannot annihilate it. But a church may cease to exist, and whether a church still exists or not Presbytery must judge; otherwise, Presbytery 102 Chap. V., Sec. IV., Par. 6. 77 could not even determine what churches are under its jurisdiction. When does a church cease to exist as a particular church? When (paragraph 20) it ceases to consist of a number of professing Chris- tians; when, its members having offspring, it ceases to associate these with their parents; when it ceases to he an association for divine loorsJiip ; when it ceases to be an association for godly living ; when it ceases to act according to the Scriptures; or when it ceases to submit to the lawful government of Christ's kingdom. When the Presbytery finds any of these marks it may declare the fact that the church has ceased to be a church. Individual members of a church thus dissolved, as all mem- bers under the jurisdiction of Presbytery and not under the immediate jurisdiction of a Session, are under the immediate jurisdiction of Presbytery and may by it be given letters of dismission to other churches. Whenever what was a church ceases to meet statedly for divine worship, it ceases to be a church. 13. to form and receive new churches ; (Cf. Sec. V. of Chap. II.) It may also receive churches from other Presbyteries or (subject to 90: 14) churches existing outside of the Presbyterian Church in the United States. 14. to take special oversight of vacant churches ; (Cf. 2.) 15. to concert measures for the enlargement of the Church within its bounds ; It belongs to the Presbytery to do this rather than to individuals or voluntary associations ; but in the exercise of this power the Presbytery cannot tran- 78 Chap. V., Sec. IV., Pars. 6, 7. 103 scend limitations or violate regulations elsewhere laid down. 16. in general, to order whatever pertains to the spiritual welfare of the churches under its care ; As the, churches hav.e no other sort of welfare, this is equivalent to saying welfare. Here, again, the Presbytery is not by this clause given any power beyond limitations or contrary to regulations else- where laid down. In this and the preceding regu- lation, it is implied that it belongs to higher courts to care for the enlargement of the Church and the welfare of the churches outside the bounds of the Presbytery. 17. to appoint commissioners to the General Assembly; By analogy with paragraph 67, last clause, and ac- cording to paragraph 88, these are to make report of their diligence. 18. and, finally, to propose to the Synod or to the Assem- bly such measures as may be of common advantage to the Church at large. For while it does not belong to the Presbytery it- self to care for what lies outside of its own district, it Is proper for it to be concerned, and to propose to the higher courts measures reaching beyond its own district. And, indeed, the Presbyteries are the very courts where plans for the whole Church can receive the most careful and prolonged consid- eration in counsel. In the larger courts and courts whose action will be final, there is likely to be de- bate rather than counsel. 78. — VII. The Presbytery shall keep a full and fair record of its proceedings, and shall send it up to the Synod annually for review. It shall report to the Synod and the General Assembly every year the condition and progress of religion 104 Chap. V., Sec. IV., Pars. 7, 8. 79 within its bounds during the year; and all the important changes which may have taken place, such as the licensures, the ordinations, the receiving or dismissing of members, the removal of members by death, the union and the division of churches and the formation of new ones. The records are sent up to Synod in order that the Synod may be able to discharge its function of review and control; and the examination and cri- ticism of these records should be thorough. The reports to Synod and Assembly are for informa- tion, and especially for the tabulation of statistical information. It is striking that no report of the dissolution of churches is called for. Does the Constitution assume that a church cannot cease? (Cf. par. 77': 12.) 79. — VIII. The Presbytery shall meet at least twice a year on its own adjournment; and when any emergency shall re- quire a meeting sooner than the time to which it stands ad- journed, the Moderator, or, in case of his absence, death, or inability to act, the Stated Clerk shall, with the con- currence, or at the request of two Ministers and two Ruling Elders of different churches, call a special meeting. For this purpose he shall give notice, specifying the particular business of the intended meeting, to every Minister belonging to the Presbytery, and to the Session of every vacant church, in due time previous to the meeting, which shall not be less than ten days. And nothing shall be transacted at such special meet- ing besides the particular business for which the court has been thus convened. A meeting of Presbytery, then, is a single session, or a series of sessions. A ineeting "on its own adjournment" is a "stated meeting" (par. 54), and not a part of the sessions of a meeting. It is the intention that a Presby- tery shall hold at least two stated meetings a year, not counting adjottrned sessions. Regular meeting is a synonym of stated meeting. The power of the Moderator to call a special 79 Chap. V., Sec. IY., Par. 8. 105 meeting before the time of the stated or regular meeting (par. 55) is here limited in the case of the Moderator of the Presbytery, for he is not to call it unless with the concurrence of two Ministers and two Ruling Elders of different churches. Is he bound to call it upon the request of these four, when in his own judgment there is no emergency requiring it? No. To him, as Moderator, belongs some authority in this matter; but if he had no discretion but to call it at the request of less than a quorum, he would have no authority at all. Less than a quorum cannot force a meeting; for the power of the Moderator as defined in paragraph 55 is not here taken away, but only limited. Other- wise a very small minority, even less than a quo- rum, could force a special meeting in such condi- tions as would permit the attendance of so few that they would be a majority, and thus the Pres- bytery would be at the mercy of a faction. But the Moderator, who is assumed to represent the Presbytery, and who, in the exercise of his discre- tion, would properly consider what the Presbytery would desire, may protect the Presbytery against design and useless expense and trouble. How- ever, this conclusion, that the Moderator is not bound to call a meeting when thus requested, is so doubtful that he ought not to refuse unless for very good reasons. That the whole spirit of the paragraph discourages special meetings is evident from the three pruden- dential and preventive requirements : that the two Ruling Elders must be of different churches, thus in- creasing the difficulty of getting the number ; that so long, and so universal, and so particular a notice 106 Chap. V., Sec. IV., Par. 9. 80 must be sent out ; and that nothing can be trans- acted at the special meeting but what is specified in the call. That these precautions may not make a special meeting impossible, in case the call cannot be issued by the Moderator, on account of absence, death, or inability, the Clerk, who will be generally known, is to act in his place ; but the Clerk is not to act in case the Moderator, being compos mentis, re- fuses to call a meeting. The actions of a meeting not properly called are void if called in question. 80.— IX. Ministers, in good standing in other Presbyteries, or in any ecclesiastical body with which this Church has es- tablished correspondence, being present at any meeting of Presbytery, may be invited to sit and deliberate as correspond- ing members. Also, Ministers of like standing in other Evan- gelical Churches may be invited to sit as visiting brethren In all these cases it is proper for the Moderator to introduce these Ministers to the Presbytery, and give them the right hand of fellowship. Euling Elders are not included, as not being ex officio members of Presbytery, but of Session. Churches are here classified as non-Evangelical and Evangelical, which term, not being elsewhere defined in this connection, and being necessarily more or less approximate, the Presbytery must construe as cases arise. And Evangelical Churches are classified into those with which this Church has established correspondence, and those with which it has not — a provision designed to empha- size the difference between correspondence and fra- ternal relations without correspondence, corres- pondence being intermediate between fraternal rela- tions and organic union. For this Church looks 81,83,83 Chap, v., Sec. v., Pars. 1,2, 3. 107 upon other Churches with this question, What hin- ders organizational unity? Accordingly, corres- ponding members are invited to deliberate, but not to vote, whilst visiting brethren are invited only to sit, but not to deliberate or vote. Section V. — Oftlie Synod. Before laying down the powers of the Synod in paragraph 4, the questions of membership, meetings and corresponding members are disposed of in the first three paragraphs, and the regulations concern- ing its records and reports are added in paragraph 6. 81. — I. The Sj'Dod consists of all the Ministers and one Ruling Elder from each church, iu a district comprising at least three Presbyteries. The qualifications for membership in the Synod and the Presbytery are the same. The Synod being simply a larger Presbytery, the difference between a single Presbytery and two meeting together is not sufficient to justify a, dis- tinction of courts. A Session may send one Kul- ing Elder to Presbytery and another to Synod. 82. — II. The Synod shall meet at least once in each year, and any seven Ministers belonging to it, who shall convene at the time and place of meeting, with at least three Puling El- ders, shall be a quorum; provided not more than three of the said Ministers belong to one Presbytery. (Cf. remarks on par. 74.) The provision secures that at least three Presbyteries will be represented. Nothing could pass a bare quorum without having at least six in favor of it, as less than six would not be a majority. 83. — III. The same rule as to corresponding members, which is laid down with respect to the Presbytery, shall apply to the Synod, Probably this includes also the rule as to visit- ing brethren. (Cf, par. 80.) 108 Chap. V., Sec. V., Par. 4. 84 84. — IV. The Synod has power 1. to receive and issue all appeals, complaints, and refer- ences, regularly brought up from the Presbyteries ; (Cf. par. 77: l.j 2. to review the records of the Presbyteries, and redress whatever they may have done contrary to order ; (Cf. par. 77: 5.) 3. to take effectual care that they observe the Constitution of the Church, and that they obey the lawful injunctions of the higher courts ; (Cf. pars. 77 : 5, 9.) 4. to erect new Presbyteries, and unite or divide those which were before erected : This is parallel to the Presbytery's power to form, unite, and divide churches. But the Synod does not have to wait for the consent of the Presbyte- ries. 5. to appoint Ministers to such work, proper to their office, as may fall under its own i)articular jurisdiction; This does not involve the powers of Presbytery enumerated in 77 : 4, 6, 7, 8. 6. in general, to take such order with respect to the Pres- byteries, Sessions, and churches under its care as may be in conformity with the AVord of God and the established rules, and may tend to promote the edification of the Church, (Cf. 77: 15.) Sweeping as this provision appears, it has three limitations : whatever a Synod may do in the exer- cise of this power, not in conformity to the Word of God, is null and void, and of this conformity each Presbytery, Session, and church must judge, as well as the Synod; the same may be said of conformity to the established rules, that is, the rules laid down in the Book of Church Order; and it must tend to promote the edification of the church, 85,86 CHAP.Y.,SEC.V.,PAR.5;SEC.yL,PAR.l. 109 of which tendency, however, the Synod is the sole judge, subject to the review of the Assembly. 7. to concert measures for 'promoting the prosperity and enlargement of the Church within its bounds ; (Cf. 77: 14.) 8. and, finally, to propose to the General Assembly such measures as may be of common advantage to the whole Church. (Cf. 77: 17.) 85. — V. It shall be the duty of the Synod to keep full and fair records of its proceedings, to submit them annually to the inspection of the General Assembly, and to report to it the number of its Presbyteries and of the members thereof, and in general, all important changes which may have occurred with- in its bounds during the year. (Cf. 78.) The number of its Euling Elder mem- bers is the same as the number of the churches of its Presbyteries. Section VI. Of the General Assembly. After a special statement of the dignity and dis- tinctive nature of the General Assembly in the first paragraph, and the disposal of the matters of meetings, members and quorum in the next three paragraphs, the powers of the Assembly are enum- erated in the fifth paragraph, and a special provi- sion as to adjournment is added in the sixth j^ara- graph. 86. — I. The General Assembly is the highest court of this Church, and represents in one body all the churches thereof. It bears the title of THE GENERAL ASSEMBLY OF THE PRESBYTERIAN CHURCH IN THE UNITED STATES, and constitutes the bond of union, peace and correspondence among all its congregations and courts. The title was not meant to deny that there are other Presbyterian Churches in the United States, but was selected as indicating that this Church is 110 CHAr. Y., Sec. VI., Pars. 2, 3. 87, 88 not sectional and as recognizing the duty of obedi- ence to the government under which its members, in the providence of God, are placed. While it is manifestly the bond of union and peace among all its congregations and courts, and its dignity and efficiency should be cherished as such, it must be remembered also that it is the bond of correspond- ence. For as churches may not negotiate with one another, except under review of their Presby- teries, nor Presbyteries with one another, except under review of their Synods, so neither can Synods with one another, except under review of the Assembly. 87. — II. The General Assembly shall meet at least anmially, and shall consist of commissioners from the Presbyteries in the following proportion, viz. : Every Presbytery shall be en- titled to send one Minister and one Ruling Elder ; but if it con- sists of more than twenty-four ministerial members, it shall send an additional Minister and Ruling Elder. This makes the number of Ministers and Ruling Elders in the Assembly equal. It also operates as an inducement to divide Presbyteries when they come to have many more than twenty-four Minis- ters. (Cf. remarks under 72.) 88. — III. Each Commissioner, before his name shall be en- rolled as a member of the Assembly, shall produce from his Presbytery a commission under the hand of the Moderator and Clerk The end of these requirements is to prevent the possibility of anyone coming in who has not been appointed by his Presbytery ; and they were more necessary when there was no telegraph and like means of rapid communication, and when there was danger that the civil power might appoint men to attend as members ; but doubtless now, the 88 Chap. V., Sec. YL, Par. 3. Ill end being secured, it would be no violation of the intent of the Constitution if the Assembly, after being constituted, should permit a delegate to sit without producing his written commission, in case it had been misplaced or, bj accident, had not been made out. The requirement of the Moderator's signature is a modification of the provision in the last sentence of 56. in the following or like form, viz.: "The Presbytery of being met at on the .... day of , doth hereby appoint A. B., Minister [or Ruling Elder, as the case may be], and in case of his absence, then C. D., Minister [or Ruling Elder, as the case may be], to be a Commissioner on behalf of this Pres- bytery to the next General Assembly of the Presbyterian Church in the United States, to meet at on the . . day of . . . ., A. J)., or wherever and whenever the said Assembly may happen to sit; to consult, vote, and determine on all things that may come before that body, according to the principles and Constitution of this Church and the Word of God. And of his diligence herein he is to render an account at his return. Signed by order of the Presbytery. "[C. D.j, Clerk. [A. B.], Moderator:' A commissioner is appointed to sit in one As- sembly; but, if a Presbytery so chooses, it may appoint the same man as often as it will. If an Assembly adjourns to a continuance of its sessions, the commissioners already appointed have the right to sit in the adjourned sessions ; but a Presbytery would certainly have the right to withdraw a com- mission once issued, and to commission another to the same Assembly at any time. So, if neither the principal delegate nor his alternate can attend, the Presbytery would have the right to make a new appointment. And the alternate, appearing at any time, even after the principal has been enrolled, would have the right to sit in the absence of his 112 Chap. Y., Sec. YI., Pars. 4, 5. 89, 90 principal. In other words, a Presbytery cannot be deprived of its right to full representation in all the sessions of the Assembly. "One Assembly" means one meeting of the Assembly. (See defini- tion of "meeting" under 79.) A Presbytery may appoint as delegate to the General Assembly any Euling Elder belonging to a church under its jurisdiction, including even a Euling Elder not at the time in official relations with any church. 89. — IV. Any eighteen of these commissioners, of whom one-half shall be Ministers, and at least five shall be Ruling Elders, being met on the day and at the place appointed, shall be a quorum for the transaction of business. (Of. par. 74.) As there must be at least nine Ministers, at least nine Presbyteries (unless some of the Presbyteries are quite large) will be repre- sented, and almost certainly more than one Synod. It is assumed that, in case of special difficulties in the way of securing a quorum, more Ministers could be present than Ruling Elders. Here it reads, "quorum for the transaction of business," making it plain that, if the number pre- sent at any time falls below the requirements for a quorum, business cannot be transacted ; and this is to be assumed also in the cases of the other courts. 90. — V. The General Assembly shall have power, 1, to re- ceive and issue all apjieals, references, and complaints regu- larly brought before it from the inferior courts; (Cf. 77,1; and 84, I.) 2. to bear testimony against error in doctrine and immorality in practice, injuriously affecting the Church ; (Cf. 77: 10.) 3. to decide in all controversies respecting doctrine and disci- pline ; 90 Chap. V., Sec. YI., Par. 5. 113 This is a power peculiar to the Assembly; for, while the other courts decide in the sense of ren- dering a judgment, that judgment, if controverted, is not the decision of the controversy ; but the As- sembly's judgment is the judgment of the Church, and is, therefore, the end of the controversy. When, then, the Assembly has decided, is that a prohibition of further discussion? By no means. But the Assembly's decision in a controversy re- specting doctrine is thenceforth the doctrine of the Church; and further opposition to this doctrine is opposition to the doctrine of the Church, and is permissible only within the limitations within which opposition to the doctrine of the Church is per- missible. And the decision of the Assembly in a controversy respecting discipline fixes the status of the parties affected, and they are to be treated accordingly in their ecclesiastical relations by all who prefer to remain in this Church and free from its censure. 4. to give its advice and instruction, in conformity with the constitution, in all cases submitted to it; Such judgments given by the Assembly are not decisions in the sense of the preceding paragraph, because there is here no controversy; nor could any one be charged with contravening the doctrine of the Church, or disobeying its authority, on the ground of teaching or acting contrary to such judg- ments. At the same time, these judgments should be treated with respect, even by those who are constrained to controvert them; and the utmost care should be taken in rendering such judgments, that they may be such as will command respect for 8 114 Chap. Y, Sec. VI., Par. 5. 90 the consideration and intelligence and earnest love of truth manifest in them. 5. to review the records of the Synods; (Cf. 77: 5, and 84: 2.) 6. to take care that the inferior courts observe the Constitu- tion ; (Cf. 77 : 5, and 84 : 3.) 7. to redress whatever they may have done contrary to order : (Cf. 77: 5, and 84: 2) 8. to concert measures for promoting the prosperity and en- largement of the Church ; without as well as within its existing borders. (Cf. 77: 14, 15, and 84: 7.) 9. to erect new Synods ; which includes the power of uniting and dividing Synods, with or without their consent. (Cf. 77: 12, 13, and 84: 4.) 10. to institute and superintend the agencies necessary in the general work of evangelization , (Cf. 90: 8.) The Assembly is to superintend as well as to institute these agencies. 11. to appoint Ministers to such labors as fall under its Jurisdiction ; (Cf. 84 : 5.) 12. To suppress schism atical contentions and disputations, according to the rules provided therefor; What contentions and disputations are schismatical the Assembly must judge. In the exercise of this power and that named in 90: 6, 7, it is not necessary for the Assembly to wait till one of the parties to a controversy brings it before the As- sembly ; but the Assembly must not, in the exer- cise of this power, proceed without rule, nor 90 Chap. V., Sec. YI., Par. 5. 115 according to any rules but those provided for this very purpose in the Book of Church Order. Other- wise, the Assembly violates law in order to uphold law. 13. to receive mider its jurisdiction, with tiie consent of a majority of tlie Presbyteries, otlier ecclesiastical bodies whose organization is conformed to the doctrine and o/der of this Church ; 14. to authorize Synods and Presbyteries to exercise similar power in receiving bodies suited to become constituents of those courts, and lying within their geographical bounds respect- ively ; In these two clauses a peculiar power of the As- sembly is presented. It is the power to receive under its jurisdiction bodies which, being received, become incorporated in this Church as it is, with no change in its Constitution; and even this the Assembly cannot do without the consent of a ma- jority of its Presbyteries. But, to unite this Church and another into a Church having a Constitution differing, however slightly, from the existing Con- stitution of this Church, is beyond the power of the Assembly, even with the consent of a majority of its Presbyteries. If this Church is to be united with another into a Church having a Constitution differing from the existing Constitution of this Church, the new Constitution must first be adopted by this Church according to the provisions laid down in Chapter YII. Where there is to be union without change of Constitution, and the body to be thus incorporated into this Church lies geographi- cally so that it would be merged into some existing Synod or Presbytery, that Presbytery or Synod receives the body, but not without being first 116 Chap. Y., Sec. VI., Paes. 5, 6. 91 authorized by the Assembly ; but in such a case, where only a Presbytery or Synod is directly affected, it is not necessary to obtain the consent of a majority of all the Presbyteries. But there can be no absorption of larger or smaller bodies, unless they are conformed to the doctrine and order of this Church ; for otherwise the doctrine and order of this Church would be acknowledged as not justifying a denominational existence to maintain them. 15. to superintend the affairs of the whole Church ; For this superintendence is not to be left unpro- vided for and liable to be assumed by irresponsible parties. 16. to correspond with other Churches ; With what Churches is left to the discretion of the Assembly, except that paragraph 80 implies that there will be no correspondence except with Evan- gelical Churches. 17. and in general to recommend measures for the promo- tion of charity, truth and holiness through all the churches under its care. Things which the Assembly may not enjoin, either because it lacks the authority or because it deems it inadvisable to go so far as to enjoin, it may recommend. 91 . — VI. The whole business of the Assembly being finished, and the vote taken for dissolving the present Assembly, the Moderator shall say from the chair: "By virtue of the au- thority delegated to me by the Church, let this General As- sembly be dissolved, and I do hereby dissolve it, and require another General Assembly, chosen in the same manner, to meet at on the day of A. D.," after which he shall pray and return thanks, and pronounce on those present the apostolic benediction. 92 Chap. V., Sec. YII., Par. 1. 117 For convening special meetings of the Assembly or of a Synod see paragraph 55. The same As- sembly, once dissolved, cannot be reconvened. Section VII. — Of Ecclesiastical Commissions. The first paragraph, defines a commission; the second, specifies certain things that may properly be done by commission ; the third, indicates within what limitations judicial cases may be tried by commission ; and the fourth directs how the gen- eral work of evangelization shall be carried on by commission. 92. — I. Commissions differ from ordinary committees in this, that while the committee is appointed simply to examine, consider, and report, the commission is authorized to deliberate upon and conclude the business submitted to it, subject, how- ever, to the review of the court appointing it. To this end, full records of its proceedings shall be submitted to the court appointing it, which, if approved, may be entered on the min- utes of that court. A commission is a committee, but a committee appointed to conclude the business, while an ordi- nary committee is appointed to report upon the business, that the appointing court may conclude it. The commission concludes the business in the sense in which an inferior court concludes a busi- ness, subject to the review of the court above. The conditions of that review are somewhat different. In the case of an inferior court, several ways of review are provided ; but the conclusion of a com- mission is always reviewed in hearing or inspecting its records, and in no other way. Its conclusion stands as that of the court appointing it, unless modified or reversed by that court at its review of the records of the commission; but this conclusion. 118 Chap. Y., Sec. YII., Par. 2. 93 as any other decision, may be carried up to a higher court, except where the General Assembly confirms or sets aside the conclusion of a commission of itself. While it helps to prevent confusion, to reserve the term comniittee for only such com- mittees as are not appointed to conclude a business, and commission for only such committees as are appointed to conclude a business, yet, if a court neglects this distinction in terms, a committee ap- pointed by it is really a commission or not, accord- ing as it is or is not appointed to conclude a busi- ness. 93. — II. The taking of testimony in judicial cases, by Session or Presbytery, the ordination of Ministers, the installation of Ministers, the visitation of portions of the Church affected with disorder, and the organization of new churches, by Presbytery, may be executed by commission. As it might be supposed from regulations elsewhere given that these things could be done only by the court itself, it is here distinctly stated that these things may be done by commission. For whatso- ever the court may do, that it may commit to a commission to be done, with such exceptions and limitations as are here or elsewhere stated or implied. The commission for the ordination of a Minister shall always consist of a quorum of the Court, but the Presbytery itself shall conduct the previous examinations. A Presbytery may not commit the examination of a licentiate for ordination to a commission ; but the 94 Chap. V., Sec. VII., Par. 3. 119 ordination itself it may commit to a commission, provided the commission consists of as many as three Ministers and one Euling Elder. A com- mission for any other purpose may consist of such number, from one up, as the court may determine. That a commission may consist of one only is evident from this, that an Evangelist authorized to organize new churches and to ordain Kuling Elders and Deacons therein, is essentially a commission. The quorum of a commission, except as defined in paragraph 94, or by express order of the appoint- ing court, is a majority of those appointed as the commission. Hence, if Presbytery appoints three Ministers and one Euling Elder to ordain a Minis- ter, any three of the four will be a quorum of the commission; but the Presbytery may otherwise define what shall be a quorum. 94.— III. The Synod and the General Assembly may, with the consent of parties, commit any case of trial coming before them on appeal to the Judgment of a commission, composed of others than members of the court from which the appeal shall come up. The commission of a Synod shall consist of not less than fifteen, of wdiom seven shall be Ruling Elders; the com- mission of the Assembly of not less than twenty-seven, of whom thirteen shall be Ruling Elders. In each case two-thirds of the commissioners shall be a quorum to attend to business. The commission shall try the cause in the manner prescribed by the Rules of Discipline; and in rendering Judgment shall make a full statement of the case, which shall be submitted to the court for its action as its Judgment in the cause. May these courts do anything else by commis- sion? Yes. Eor the next paragraph names, ex- pressly, much that the Assembly may do by com- mission. But where parties bring a cause to a court for trial, even if it be an appeal, the court, even the General Assembly, may not try it by com- 120 Chap. V., Sec. YII., Par. 4. 95 mission without consent of parties. The principle is here recognized, that the parties have a right to trial by a full court. May a complaint be tried by commission ? Yes, with consent of parties ; for if an appeal, much more a complaint. May a Pres- bytery or a Session try a cause by commission? Yes, with consent of the parties ; and it may take testimony without such consent (93). But, lest trial in the appellate courts by commission should become a reference to individuals rather than a trial by a court in reality, it is prescribed that the commission shall be so large, and contain so many Kuling Elders, that the resort to a commission in judicial cases will be impracticable unless the court is very large, and then the commission will be large enough to have the essential qualifications of a court for counsel together. And while in other cases the action of the commission is in force until annulled by the appointing couit, in judicial cases the action of the commission is not in force until endorsed by the court as its own action. Is the court bound to make the action of the commission its own? By no means. It may annul it, reverse it, modify it, and even order it tried over by a commission or before itself. For nothing is final in a judicial case but the decision of the court itself. 95. — IV. The General Assembly shall have power to com- mit the various interests pertaining to the general work of evangelization to one or more commissions. (Cf. 90:10.) This whole doctrine of commissions is to be put in practice with caution. On the other hand, there is danger that Presbyteries and the higher courts 95 Chap. VI., Sec. I. 121 will call commissions executive committees, or sim- ply committees, and forget that they are commis- sions, and many evils result. On the other hand, courts may often be tempted to do by commission, as more convenient or agreeable, what it were better for the court itself to do. But if the distinction between commissions and other sorts of committees is preserved, and commissions are used for those executive functions and special investigations which can be better done by a small number of specially fitted commissioners than by a large court, this section mav be practiced with great gain to the Church. CHAPTER VI. Of Chukch Oedees. This chapter, which has to do with the induc- tion of men into office, after two preliminary sec- tions on the doctrines of vocation and ordination, has a section on the election of officers, followed by two sections on their ordination and installation, one as to Ruling Elders and Deacons, and one as Ministers. And there is added a section concern- ing the preliminary step toward ordination, called licensure. Section I. — Of the Doctrine of Vocation. This first preliminary section, which has to do with the theory of how men are called to office in the Church, has three paragraphs, one of them having to do particularly with one, and one with another, of the three elements in a call. 122 Chap. VI., Sec. I., Pars. 1, 2. 96, 97 96. — I. Ordinary vocation to office in the Cliurch is the call- ing of God by the Spirit, through the inward testimony of a good conscience, the manifest approbation of God's people, and the concurring Judgment of the lawful court of Christ's house according to his Word, " Ordinary vocation," means vocation to the ordi- nary offices. (Par. 33.) A true call is wholly by the Spirit, making a concurrent indication of God's will through three means : by producing the same conviction in the mind of the called, in the mind of the people of God that have experience of the called man's service or knowledge of him, and in the mind of the appropriate court. The essence of the call lies in the Holy Spirit working an inward conviction in the man himself; but subsidiary and confirmatory means are not to be despised as helps to the man himself, and are indispensable for the sake of order in the Church. 97.— II. Since the government of the Church is representa- tive, the right of the election of their officers by God's people, either immediately by their own suffrages, or mediately through church courts composed of their chosen representa- tives, is indefeasible. Nor can any man be placed over a church, in any office, without the election; or at least the con- sent of that church. The sole authority is Christ, and from this point of view the Church is a monarchy. But he adminis- ters the government solely by his Spirit working in all his people, and from this point of view the government is representative; for if the Ploly Spirit calls any man to an office, he also calls the people to elect him thereto. It is observable, how- ever, that this right of election has necessary limi- tions. If the members of a church differ, some choosing and some opposing the same man for an office over them, it must either be that no man is to 98 Chap. VI., Sec. I., Par. 3 ; Sec. II. 123 be 23ut in office without the unanimous voice of the people, or that over some, a man may be put in office without their consent. Here emerges the practical principle of submission to the brethren. But the particular church is made the sacred unit, whose voice, as such, must not be disregarded. (Cf. 77: 12.) 98. — III. Upon those whom God calls to bear office in his Church he bestows suitable gifts for the discharge of their various duties. Wherefore every candidate for office is to be approved by the court by which he is to be ordained. And it is indispensable that, besides possessing the necessary gifts and abilities, natural and acquired, every one admitted to an office should be sound in the faith, and that his life and conversation be according to godliness. It is a serious omission, when a court inducts into office, as a matter of course, those elected by the people. Before ordination the court is bound to inquire into three things concerning; the man elected: his possession of the necessary gifts; his soundness in the faith ; and his life and behavior. The court may make this inquiry before election, but it must make it at some time before ordination or installation. Section II. — OftJie Doctrine of Ordination. The distinction between ordination and vocation is this, that the vocation is the concurrent testi- mony of the Spirit of God through the man's own inner conviction, through the election by the peo- ple, and through the approval by the court, that the man should be inducted into office ; and ordi- nation is the formal induction. The section has three paragraphs, answering the questions, who are to ordain, what is ordination, and to what ordi- nation is. 124 Chap. VI., Sec. II., Pars. 1, 2, 3. 99, 100, 101 99. — I. Those who have been lawfully called are to be in- ducted into their respective offices by the ordination of a court. For even when the ordination is by a commission, even by one man called an Evangelist, or by one man called a Commissioner, he acts as the agent of the court, and the ordination is done by the court through its appointed agency. (Cf. remarks un- der 6 and 93.) 100. — II. Ordination is the authoritative admission of one duly called to an office in the Church of God, accompanied with prayer and the imposition of hands, to which it is proper to add the giving of the right hand of fellowship. A defect in the ceremony, as such, would not render the ordination invalid, provided there is an authoritative admission of one duly called. 101. — III. As every ecclesiastical office, according to the Scriptures, is a special charge, no man shall be ordained un- less it be to the performance of a definite work. If a man is ordained as Deacon, it must be to serve in some definite work of distribution ; if as a Ruling Elder, to some definite work of ruling ; and if as a Minister, it must be to some definite minis- terial work. If that particular work ceases, or he ceases to be engaged in it, the exercise of his office is suspended until he is called to some other defin- ite work; but as assisting to rule in the Church courts is always a part of the definite work to which a Minister or a Euling Elder is ordained, this func- tion of his office never suffers suspense, so long as he is a member of a court. If an ofiicer is called to another definite work than that to which he w^as originally ordained, he must be ordained to this new work also; but this secondary ordination is, 101 Chap. VI., Sec. III. 125 for distinction's sake, called installation. For the same reason, the term "installation" is used of that part of original ordination which relates especially to the definite work. (Section 111.— Of the Election of CliuTch Office7's.\ This section treats of that part of vocation which is effected through the people ; and it treats, in the election of Ministers, only of their election to one sort of definite work, the pastoral office. There is neither here nor elsewhere any provision regulat- ing the participation of the people in calling a Minister to the work of Evangelist, or Teacher, or Editor, or other like work. (Cf. pars. 37 and 38.) The first four paragraphs give regulations for the election of Pastor, Ruling Elder, or Deacon; the other five paragraphs give special directions con- cerning the election of a Pastor and the certifica- tion of his election to Presbytery. No regulations on this point are thought to be necessary in the case of a Ruling Elder or a Deacon, as the ordain- ing court, the Session, is supposed to be present. In the general regulations, the first concerns the meeting of the church ; the second, the Moderator of the meetino: ; the third, the order of procedure ; and the fourth, the electors. In the special regu- lations as to a Pastor, the first prescribes the es- sential duty of the Moderator; the second, the form of the call or communication from the church to the Pastor-elect ; the third, who shall sign this call, and hov/ their signatures are to be certified; the fourth, how the call is to be presented to Pres- bytery; and the fifth, the mode of procedure when the Minister called belongs to a different Presby- tery from the church. 126 Chap. YI., Sec III., Pars. 1, 2. 102, 103 102.— I, Every eliurch shall elect persons to the offices of Pastor, Ruling Elder, and Deacon in the following manner, viz. : Public notice shall previously be given by the Session that the church is to convene at the usual place of public wor- ship for such purpose; and it shall always be the duty of the Session to convene them when requested by a majority of the persons entitled to vote. The meeting must be at the usual place of pub- lic worship, and after public notice, that those en- titled to vote may be able to attend ; and while the meeting must be called by the Session, the Session is bound to call such meeting when a majority re- quests it, that the right of the people to elect may not be infringed. 103. — II. It is important that in all these elections a Minis- ter should preside: but if the Session find it impracticable, without hurtful delay, to procure the attendance of a Minister, the election may nevertheless be held. The meeting is under the direction of the Ses- sion ; and it belongs to the Session, and not to the congregation, to provide a Moderator. If that Moderator is not a Minister, his rulings are subject to the review of the Session ; it a Minister, to the review of the Presbytery ; but in no case to the re- view of the congregation ; for that would be for the congregation, as such, to take part in government beyond electing, contrary to paragraph 15. It is, therefore, desirable that a Minister preside, so that his rulings may, if questioned, be reviewed by a body probably more competent, and less related in an embarrassing way to the questions involved. The relation of the Session to the Moderator of a congregational meeting being the same as its rela- tion to the Moderator of the Session, whoever is Moderator of the Session is, ex officio. Moderator 104 Chap. YI., Sec. III., Par. 3. 127 of the congregation, with the limitations specified in paragraphs 64 and 65. (Cf. par. 104.) 104.— III. The voters being convened, the Moderator shall put the question to them whether they are ready to proceed to the election. If they declare themselves ready, the Moderator shall call for nominations, after which the election shall im- mediately proceed, unless the electors prefer to postpone it to a subsequent day ; or the election may proceed by ballot with- out nominations. But in every case a majority of all the voters present shall be required to elect. We have said that the meeting is under the direc- tion of the Session ; and who but the Session can determine who of those present are voters? The Moderator of the congregation is, at the same time, the Moderator of the Session in session at the same time, and he must ascertain who are voters, through the Session. The first question to be ascertained is whether the voters are convened. Supposing a church has one hundred voters, would two of them be the voters ? Surely not ; and yet it is impracticable to have all the voters convened. What, then, is a quorum of a church ? In the absence of any regu- lation, it must be decided by general principles that it requires a majority to make a quorum. But alwa^'s, when the question of a quorum is not raised, either at the time or within a reasonable time afterwards (cf. par. 258), less than a majority may act. The second question must be decided by the voters themselves : whether they are ready to pro- ceed. The third question must also be decided by them: whether they vs^ill elect with or without nominations. 128 Chap. YI., Sec. III., Pars. 3, 4. 105 If it is decided to have nominations, the fourth thing is to hear nominations; the fifth, to deter- mine by the electors whether to vote at once or to postpone the voting. If the decision is to vote at once, the sixth thing is to determine, by the voters, whether to vote by ballot or in some other way; but this question must itself be determined by ballot, if any insist upon a ballot upon this ques- tion, for otherwise the very reason of a ballot at all, secrecy in voting, would be taken away. If no one receives a majority of the votes for a given office, no one is elected. Whether a second vote may be taken, with or without dropping one or more of the nominees or persons already voted for, is not prescribed; but it would seem, from the principle that a church does not so much need officers, as qualified and acceptable officers, that there should be no second vote ; but of this the congregation must judge; and sometimes the fail- ure of any one to receive a majority may be due to what seems to the congregation a superabundance of suitable material. The principle, that a majority shall rule, is a practical necessity rather than an inherent right; and for this reason there should be a great desire to have the same mind. The failure to be unani- mous is a failure that should be always lamented. And it would certainly be in order for a majority to recede from its own choice, just as it is in order for a minority to give up its opposition ; but either must judge for itself what is the will of Christ in a given case. 105.— IV. All communicating members in good and regu- lar standing, but no others, are entitled to vote in the election 105 Chap. VL, Sec. III., Par. 4. 129 of church officers in the churches to wliich they are respectively attached ; and when a majority of the electors cast their votes for a person for either of these offices, he shall be considered elected. Here a majority of electors must mean a majority of those present ; for no one can vote who is not present, and no one is present unless present in his own person and by his own consent counted as present. (Cf. 105.) Here appears the necessity for the Session to be in session and to conduct the election as a part of the business of the Session. Then, also, the pro- ceedings of the congregational meeting, as what is done under the supervision of the Session, will be recorded in the records of the Session, and the Clerk of the Session will be the clerk of the con- gregational meeting. (Cf. 105.) Those not members of the Church are excluded from voting for its officers, as a matter of course ; for nothing can entitle him who will not acknow- ledge Christ to the right of participating in the government of his Church. Those not members of the particular church are excluded, for otherwise the individuality of the particular church would perish. Those not communicants are excluded, for the reason that only those who are themselves en- deavoring to obey Christ can be qualified to act as his agents in pointing out what men he would put over his people. For the same reason, none under censure can be allowed to vote. A member of the Session (except a Minister) has the same right as any other member of the Church to make a nomi- nation or motion, and to vote. Has the Session authority to make nominations? 130 Chap. YI., Sec. III., Par. 5. 106 Yes, unless the church decides to elect without nominations ; but for the Session to announce nomi- nations before the congregation has decided this point is to take away from the congregation the decision of this point. But it must be remembered that the Session has the right to refuse installation to those chosen by the congregation ; and this right should always be exercised when there is need thereby to preserve the church from having officers not qualified. 106.— V. On the election of a Pastor, if it appear that a large minority of the voters are averse to the candidate who has a majority of votes, and cannot be induced to concur in the call, the Moderator shall endeavor to dissu8.de the majority from prosecuting it further; but if the electors be nearly or quite unanimous, or if the majority shall insist upon their right to call a Pastor, the Moderator shall in that case proceed to draw a call in due form, and to have it subscribed by them, certifying at the same time in writing the number and circum- stances of those who do not concur in the call, all of which proceedings shall be laid before the Presbytery together with the call. The principles of this paragraph should obtain also in the case of the election of Ruling Elders and Deacons. The direction to the Moderator that he endeavor to dissuade the majority when it appears that the minority will not concur must not be interpreted too strictly ; for it might be that he could not con- scientiously make this endeavor. But he should at least press upon them the importance of unanimity, and a sense of the responsibility that they assume. Sometimes, however, there is a wilful and obstinate minority who oppose, as Pastor, the very servant of his that Christ presents to them, and who ought not to be yielded to. 107 Chap. VI., Sec. III., Par. 6. 131 The full and exact facts should be certified to the Presbytery by the Moderator, that the Presby- tery raay have all the data for judging. What is meant by the circumstances of those who do not concur in the call is not clear. Surely it cannot mean financial circumstances especially. Probably it means the circumstances connected with their non-concurrence, including the grounds and in- tensity of their opposition. The financial ability of the church to meet its proposed obligations the Presbytery would need to know; but this it can learn from the commissioners. That circumstances cannot mean financial ability, or other thing of the sort, is certain, from the fact that the Moderator would not as a rule know such facts so well as the commissioners; besides, it were contrary to the whole spirit of the Form of Government to give weight to any member's vote because of his wealth. 107. — VI. The call shall be in the following, or like form, viz. : The church of , being on sufficient grounds well satisfied of the ministerial qualifications of you . . . . , and having good hopes from our past experience (or know- ledge) of your labors, that your ministrations in the gospel will be profitable to our spiritual interests, do earnestly call you to undertake the pastoral office in said congregation, promising you, in the discharge of your duty, all proper support, encour- agement, and obedience in the Lord. And that you may be free from worldly cares and avocations, we hereby promise and oblige ourselves to pay you the sum of .... in regular monthly (or quarterly, or half-yearly, or yearly) payments, during the time of your being and continuing the regular Pastor of this church. In testimony whereof we have respectively subscribed our names this .... day of .... A. D. Attested hy A. B., Moderator of the Meeting. The Moderator, who draws up the call (106), should not vary from this form, unless the congre- 182 Chap. VI., Sec. III., Pars. 7, 8, 9. 1 10 gation by its action adopts the variation; and it belongs to the congregation to adopt the amount or statement of salary, and what payments are to be made. This form, and all the provisions of the Book, contemplate only one church to a Pastor; but where the church does not ask for all the time of the Pastor, it is proper that the form of call should indicate what time it does ask for; and this, too, it belongs to the church to determine. 108. — VII. But if any church shall choose to subscribe its call by the Ruling Elders and Deacons, or by a committee, it shall be at liberty to do so. But it shall, in such case, be fully certified to the Presbytery by the Minister, or other person who presided, that the persons signing have been appointed for that purpose by a public vote of the church, and that the call has been in all other respects prepared as above directed. This provision is for convenience ; but the obliga- tions of the people are the same as if they all themselves signed. That they may not lightly enter into obligations, it would be well, unless they are already familiar with them, to read over to the congregation, when about to enter upon an elec- tion, the obligations that are to be assumed. 109.— VIII. One or more commissioners shall be appointed to present and prosecute the call before Presbytery. These it belongs to the congregation to select. 110. — IX. If the call be to a Minister or Probationer of another Presbytery, the commissioners appointed to prosecute the call shall produce an attested certificate from their own Presbytery that it has been laid before that body and found in order, and that permission has been granted them to prosecute it before the Presbytery to which he belongs. It is an irregular procedure for the Pastor elect to change Presbyteries before the call has been placed in his hands. Indeed, he need have no opinion, or 112 Chap. YI., Sec. IV., Pars. 1, 2. 133 at least give no assurance of what his answer will be, until after the call is placed in his hands ; for only so can the church and the Presbyteries speak their mind to him before he speaks his mind to them, as the Book contemplates. Section IV. — Of the Ordination and Installation of Ruling Eldei's and Deacons, and of the Dissolution of their Official Rela- tions. Under the head of ordination and installation is treated that part which the court takes in the voca- tion (paragraphs 96-98) of officers, as well as what these terms properly signify. The ordination of Euling Elders and Deacons is treated together, and separately from that of Ministers, because they are ordained by the Session and Ministers by the Presbytery. After a paragraph on appointing a day for the ordination, follows a paragraph on the ordination itself; and then come three paragraphs on the dissolution of these relations : one on disso- lution upon request ; one on dissolution by removal ; and one on the renewal of relations once dissolved. 111. — I. When any person has been elected to either of these offices, if the way be clear, and he declare his purpose to accept, the Session shall appoint a day for his ordination. Whether the way is clear the Session must deter- mine, especially observing paragraph 98. No one can be required to assume an office without his own consent. 112. — II. The day having arrived, and the Session being convened in the presence of the church, a sermon shall be preached, if convenient; after which the presiding Minister shall state in a concise manner the warrant and nature of the office of Ruling Elder or Deacon, together with the character proper to be sustained and the duties to be fulfiled. 134 Chap. VL, Sec. IV, Par. 2. 112 The presiding Minister is, of course, the Moderator of the Session, which is in session from the begin- ning of this service of ordination, the ordination being by the Session and not by the Minister. Having done this, he shall propose to the candidate, in the presence of the church, the following questions, viz, : 1. Do you believe the Scriptures of the Old and New Testa- ments to be the word of God, the only infallible rule of faith and practice ? As this is not intended to inquire into a man's opinion as to the genuineness of particular readings, so not as to the authenticity of particular books, but into his opinion concerning these Scriptures as a whole. It is purposely asked whether they are the word of God, instead of whether they con- tain the word of God ; for, though there are senses in which it might be more exact to say that they contain the word of God, yet, unless one believes that they are, being the word or teaching of some one person, God's Word, he is not able to answer this question affirmatively in the sense intended. For, while we would claim for our standards only that they contain the word of God, we claim for the Scriptures that they are the word of God. And while these standards are a rule of faith and practice, and we believe them to be, on the whole, a correct rule, yet neither they nor any other rule set forth by individuals or councils is an infallible rule ; but, in contrast with them all, however excel- lent some of them may be, we believe that the Scriptures are an infallible rule, and so the only infallible rule whatever. Being such, they teach the truth and nothing but the truth. This does 112 Chap. VL, Sec. IV., Par. 2. 135 not determine whether there may be errors in some of the statements of the Bible as it actually lies before us, nor how such errors, if any, have come to be there, but it does determine that the Scrip- tures, as they came from God and as they now exist in the possession of the Church, are infallible in their teaching as to belief and duty. And all officers of our Church stand together upon this fundamental platform, and no one is asked or ex- pected to associate himself with us in office who cannot sincerely stand with us upon this basis. 2. Do you sincerely receive and adopt the Confession of Faith and Catechisms of this Church, as containing the system of doctrine taught in the Holy Scriptures ? The question is not concerning the Westminster Confession and Catechisms, but concerning the Confession and Catechisms of this Church, though the difference between them is slight. The ques- tion has to do, not with a favorable opinion of these standards, nor even with such an approval of them as one might give to a set of regulations, but with such a receiving of them as is an adoption of them as one's own utterance of his beliefs. And yet there is a limitation. Not only is any formula- tion of doctrine incomplete, in that it does not con- tain all that the complete teaching of the Scrip- tures contains, and more or less one-sided, in that it is a contradiction of the particular forms of error prevailing at the time of its formulation, and lays special emphasis upon the truths just then most in dispute, or most thoroughly agreed upon by the formulators ; but it is fallible, and liable to contain positive error in its teaching. Hence one is not asked to say that these standards are the doctrines 136 Chap. VI., Sec. IV., Par. 2. 112 of Scripture, but that they contain the doctrines of Scripture. But while we admit that these standards may- contain error, and a man can properly answer this question affirmatively who believes that this or that in the standards is erroneous, yet no one can properly answer this question affirmatively who does not believe that the system of doctrine con- tained in these standards is the system of doctrine taught in the Scriptures. If one believes that no system is taught in the Scriptures, but only partic- ular facts and doctrines incapable of being reduced to a system, or if he does not believe that the con- fessional system is the scriptural system, though with some defects, it may be of omission, undue emphasis, and even |)ositive errors, he cannot with propriety make this confession of faith his own. 3. Do you approve of the government and discipline of the Presbyterian Church in tlie United States ? A gradation is noticeable : the Scriptures are said to he the word of God ; the standards of doctrine are adoj)ted as containing the scriptural system of doctrine; but the governmental standards are not thus adopted, but the government and discipline are ajyproved. In view of this evidently intended difference, while the principles of doctrine under- lying the government and discipline, so far as set forth in the doctrinal standards, are covered by the preceding question, yet the application of these principles, as set forth in the Book of Church Or- der, are here only approved in the sense of agreed to as regulations to be observed. But unless one can thus sincerely approve, being willing to assume covenant obligations to carry out these provi- 112 Chap. VI., Sec. ly., Par. 2. 137 sions, he ought not to answer this question affirma- tively. 4. Do you accept the office of Ruling Elder (or Deacon, as the case may be) in this church, and promise faithfully to per- form all the duties thereof ? Of course, if at any time afterwards one becomes unwilling to perform all the duties of his office faithfully, he is bound, on common principles of honesty, to resign his office obtained upon this promise. And surely no one can without sin allow himself to answer this question affirmatively with- out first acquainting himself, in some good mea- sure, with the duties to which he thus pledges himself; just as no one can, without sin, affirm the three questions preceding, until after he has exam- ined the Scriptures, the Confession, and Cate- chisms, and the government and discipline, and satisfied himself of his ability to answer Yes intel- ligently and sincerely. 5. Do you promise to study the peace, unity, edification, and purity of the Church ? This pertains not to the particular church alone, but also to the w^hole Church. The officer is to earnestly endeavor that he may positively promote, as well as not hinder, the peace, including espec- ially the unity of the Church. He will therefore labor to keep his particular church in unity with the Church. But the peace of the Church is not to be purchased with its edification and purity, but the peace is in order to purity. The Ruling Elder or Deacon elect having answered in the affirmative, the Minister shall address to the members of the church the following question, viz, : Do you, the members of this church, acknowledge and re- 138 Chap. YL, Sec. IV., Par. 2. 112 ceive this brother as a Ruling Elder (or Deacon), and do you promise to yield him all that honor, encouragement and obedience in the Lord to which his office, according to the word of God and the Constitution of this Church, entitles him ? The members of the Church include the baptized children that have not yet been admitted to the Lord's table, if they choose to assent to this ques- tion. While " obedience " is hardly due to a deacon as such, honor and encouragement are, and the question is framed to cover the case of both Deacon and Kuling Elder. If the members that have a right to vote should now refuse to agree to this pledge, such refusal would be sufficient reason for proceeding no further with the ordination, of which matter, as of all others arising in the course of ordination, the Session must judge, and not the Minister. The members of the church having answered this question in the affirmative, by holding up their right hands, the Slinister shall proceed to set apart the candidate, with prayer and the laying on of the hands of the Session, to the office of Ruling Elder (or Deacon, as the case my be). Prayer being ended, the members of the Session (and the Deacons, if the case be that of a Deacon) shall take the newly ordained- officer by the hand, saying, in words to this effect: "We give you the right hand of fellowship, to take part in this office with us." The Minister shall then say: "I now pronounce and declare that A. B. has been regularly elected, ordained and installed a Ruling Elder (or Deacon) in this Church, agreeably to the word of God, and according to the Constitution of the Presby- terian Church in the United States; and that as such he is en- titled to all honor, encouragement and obedience in the Lord : In the name of the Father, and of the Son, and of the Holy Ghost. Amen." After which he shall give to the Ruling Elder (or Deacon) and to the church, an exhortation suited to the occasion. The members of the Session, being all ex officio 113 Chap. YL, Sec. lY., Par. 3. 139 Deacons, may say to a newly ordained Deacon, *'to take part in this office with us." It is impor- tant to notice that not only the Minister, but all the members of the Session, lay on their hands upon the candidate ; but the Deacons do not, nor any Euling Elder or Minister not sitting in the Session as a member or by courtesy, for the ordi- nation is a sessional act. 113. — III. The ofiftces of Ruling Elder and Deacon are per- petual : nor can they be laid aside at pleasure ; nor can any person be degraded from either office but by deposition after regular trial. Yet a Ruling Elder or Deacon may, though chargeable with neither heresy nor immorality, become unac- ceptable in his official character to a majority of the church ■which he servos. In such a case, it is competent for the Ses- sion, upon application, either from the officer or from the church, to dissolve the relation. But no such application from cither party shall be granted without affording to the other party full opportunity for stating objections. See Eules of Discipline, Chap. YIII., Sec. X. The office is perpetual in the same sense as the status of communicating member is perpetual ; as one cannot come into either dignity without the coaction of the Church, so one cannot pass out of either obligation without the coaction of the Church. And the Church cannot deprive any one of either status without regular trial. But just as the pas- toral relation between a Minister and a particular church may be dissolved without degrading him from the offiice of Minister, so the official relation between a Euling Elder or Deacon and a particu- lar church may be dissolved without degrading him from his office. When called again to serve in his office in the same or another particular church, he needs not to be ordained again, but only to be in- stalled. And as it is the Presbytery that dissolves 140 Chap. YI., Sec. IV., Pars. 3, 4. 114 the relation in the case of a Minister, so it is the Session that dissolves the relation in the case of a Eiiling Elder or Deacon. Either party may re- quest the dissolution, but the court may not act without first hearing from the other party. How the church can initiate proceedings in such a case is not pointed out, and there seems to be no way provided, imless one of these two be resorted to : a majority of those entitled to vote may request the Session to convene the Church for the purpose of taking action on the question of the official relation of such or such, and then the Session would be bound to convene the Church as requested (102) ; or the Session itself, without request from either party, may present the question of the continuance of his official relations either to an officer or to the church, as the Presbytery might present such a question to a Pastor or to his church. Our para- graph suggests unacceptability in his official capa- city to a majority of the church as a reason for the dissolution of one's official relation ; but, of course, unacceptability to a minority, or other reason, might be sufficient ground, as in the case of a Pastor, of which the Session must judge. But by analogy (cf. par. 128), the Session has no option but to dissolve the relation when both parties re- quest it. 114. — IV. When a Ruling Elder or Deacon removes perma- nently beyond the bounds of the church which he serves, his official relation shall be thereby dissolved, and the Session shall record the fact. The relation is dissolved by the removal, whether the officer obtains a certificate of dismission or not; and the Session should make record of the 115 Chap. YI., Sec. IY., Par. 5; Sec. Y. 141 fact of permanent removal and the consequent dis- solution of official relation, without waiting for an application for dismissal. There is no provision for releasing a Ruling Elder or Deacon from his official relation on the ground of old age or physical inability (unless so far as paragraph 113 may be construed thus) ; nor may his official relation be dissolved on such ground except under paragraph 113. 115. — V. When a Ruiing Elder or Deacon who has been released from his official relations is again elected to his office in the same or another church, he shall be installed after the above form, with the omission of ordination. All the questions would be asked, and everything done as prescribed in paragraph 112, omitting the words "shall proceed to set apart. . . . After which he." If a Euling Elder thus released is afterwards elected a Deacon in the same or another church, he would be installed simply, since a Rul- ing Elder is ex-qfficio a Deacon. (See last para- graph of remarks on 112.) Section V. — Of the Ordination of Mi7iisters, and tlie Forma- tion and Dissolution of the Pastoral Relation. The relation of a Minister to a church as one of its officers is treated apart from the like relation of a Euling Elder or Deacon, because this the Session controls, and that the Presbytery. The section falls into three parts — seven paragraphs on the ordination of Pastors; six paragraphs of special regulations to cover cases not provided for in the preceding paragraphs ; and one paragraph on the dissolution of the pastoral relation. The seven paragraphs on the ordination of Pastors have three on the steps antecedent to the ordination, one on 142 Chap. VI., Sec. v., Pars. 1,2. 116, 117 the placing of the call, one on the acceptance of it, and one on trials with a view to ordination ; and three on the ordination itself, one on the obliga- tions of the candidate, one on the obligations of the church, one on the act of ordination, and one on the recognition of the new Pastor. 116. — I. No Minister or Probationer shall receive a call from a church but by the permission of his Presbytery. When a call has been presented to the Presbytery, if found in order and the Presbytery derm it for the good of the Church, they shall place it in the hands of the person to whom it is ad- dressed. The principle is fundamental, that neither Minister nor church may enter into the pastoral relation without the consent of Presbytery; and the estab- lishment of what is virtually the pastoral relation without the regular process and installation, what- ever the relation may be called, is subversive of our system. Even for the Minister to signify his own mind concerning hi*s proposed relation to the church before the Presbytery has acted will often tend to render the interposition of the Presbytery impracticable. The ideal would be for the called to give no indication of his own mind, and not to be consulted at all, until after the Presbytery has put the call into his hands. 117. — II. When a call for the pastoral services of a Proba- tioner has been accepted by him, the Presbytery shall take immediate steps for his ordination. Wlien the three parties — the church and the Pres- bytery and the man called — have all agreed that the relation should be established, no pleas of convenience or of other ground shall be permitted to delay it, in the case of a probationer ; but in the 118 CHAr. VL, Sec. v., Par. 8. 143 case of an ordained Minister other interests may- justify a delay. 118. — III. The trials for ordination, especially in a different Presbytery from that in which the candidate was licensed, shall consist of a careful examination as to his acquaintance with experimental religion; as to his knowledge of philosophy, theology, ecclesiastical history, the Greek and Hebrew lan- guages, and such other branches of learning as to the Presbytery fchall appear requisite, and as to his knowledge of the doctrine of the sacraments, and the principles and rules of the govern- ment and discipline of the Church. He shall further be re- quired to preach a sermon before the Presbytery. The Pres- bytery being fully satisfied of his qualifications for the sacred office, shall appoint a day for his ordination, which ought, if practicable, to be in that church of which he is to be the Pastor. It must be borne in mind that the one object of these trials is to satisfy the Presbytery of the pro- bationer's qualifications for the ministry; Presby- tery is not to ordain until fully satisfied as to quali- fications, and the trials should continue until this full satisfaction is reached, and need continue no further. But the Presbytery is not at liberty to omit altogether any part of the trials here pre- scribed, unless it be such part as has been had al- ready before the Presbytery in trials for licensure ; and these need not be omitted. These trials fall into three groups. The first is a careful examination as to his own inward experi- ence. The question, not merely whether the pro- bationer gives credible evidence of faith in Christ, but whether, having such faith, his religious expe- rience is such as a Minister needs to have as a qualification for his office. For one may have some acquaintance with genuine experimental reli- gion, and not have sufficient acquaintance for this office. As this is immeasurably more important 144 Chap. VL, Sec. v., Par. 3. 118 than any learning, so upon this the chief stress ought to be laid. Whatever other trial is abridged or given little attention, this, which is put first and is first, should be thorough, and too great defi- ciency here should always arrest the trials for ordi- nation, it not being worth while to go further, un- less the probationer is qualified iu this respect. The second group is a careful examination as to knowledge. And the branches of knowledge are specified in three specifications. The first specifi- cation is philosophy, theology, ecclesiastical his- tory, the Greek and Hebrew languages. Philoso-' phy is named before theology, a man's philosophy having more to reveal of his mental make-up, and more Jo do with determining his theology, than his theology has to reveal of his mental make-up, or to do with his philosophy. And yet theology is the central subject, to which philosophy contri- butes on the one hand, and ecclesiastical history and the original languages of Scripture on the other. It must appear strange that knowledge of the Scriptures is not distinctly named, unless the- ology is understood to be another term for it. The second specification is such other branches of learning as to the Presbytery shall appear requi- site. Eequisite for what? Requisite for showing whether he has the qualifications for the office of the ministry. For one might be destitute of learn- ing iu some of the subjects named, and yet have such learning in subjects not named as would make him superior, in point of human learning, to many that have satisfactory learning in the subjects named. Now, it is manifest that the requirement to examine in these branches of learning that are 119 Chap. VL, Sec. Y., Par. 4. 145 named, is not a requirement that the probationer shall show a knowledge of them all. The Presby- tery is to examine as to his knowledge ; but how much knowledge of this or that will be necessary to satisfy Presbytery of his qualifications the Pres- bytery must decide. The third specification is the sacraments and the government and discipline. These items are thrown off to themselves, that they may the more certainly receive distinct attention before Presbytery. The third group of trials is the sermon ; and this the Presbytery is not at liberty to omit. For he is being tested as to his qualifications to preach. The ordination must be in the presence of the church (paragraph 120) that he is to be pastor of, and therefore ought, if practicable, to be in the church building in which this church is accustomed to worship. 119. — IV. The day appointed for the ordination having come, and the Presbytery being convened, a member of the Presbytery, previously appointed to that duty, shall preach a sermon adapted to the occasion. The same, or another mem- ber appointed to preside, shall afterwards briefly recite from the pulpit the proceedings of the Presbytery preparatory to the ordination; he shall point out the nature and importance of the ordinance, and endeavor to impress the audience with a proper sense of the solemnity of the transaction. Then addressing himself to the candidate, he shall propose to him the following questions, viz.: 1. Do you believe the Scriptures of the Old and New Tes- taments to be the Word of God, the only infallible rule of faith and practice ? 2. Do you sincerely receive and adopt the Confession of Faith and the Catechisms of this Church as containing the sys- tem of doctrine taught in the Holy Scriptures? 3. Do you approve of the government and discipline of the Presbyterian Church in the United States? 4. Do you promise subjection to your brethren in the Lord ? 5. Have you been induced, as far as you know your own 10 146 Chap. VL, Sec. v., Par. 4. 119 heart, to seek the office of the holy ministry from love of God and a sincere desire to promote his glory in the gospel of his Son? The purport of the first three questions was set forth under paragraph 112, but questions 4, 5, and 7 are additional to the questions asked of Euling Elders and Deacons at their ordination. What the Minister here explicitly professes and promises is all implied in the obligations assumed by those lower officers; but the superior dignity and im- portance of the Ministerial office is indicated in making these elements of the obligation explicit. Subjection to one's brethren is, of course, qualified by such teachings as are contained in Section I. of Chapter II., and by the particular provisions of the Book of Church Order ; but within these limits the obligation of obedience to ecclesiastical authority is assumed, and should be humbly and strictly kept. And so many are the temptations to enter the Ministry from unworthy motives, so impossible is it to do the work of this office efficiently except from love to God, and so great is the guilt of pros- tituting this office to the service of lower motives, that each one is put upon searching his own con- science to see and to declare this pure motive his real motive. 6. Do you promise to be zealous and faithful in maintain- ing the truths of the gospel and the purity and peace of the Church, whatever persecution or opposition may arise to you on that account ? This is substantially the same as question 5 in paragraph 112, put to Ruling Elders and Deacons; but lays more emphasis upon fidelity in the face of opposition and persecution; and for this there is the fact that a Minister may lose his means of 120 Chap. VI., Sec. V., Pars. 4, 5. 147 living and professional standing by such fidelity, if lie thereby encounters opposition from the worldly and ignorant in the Church. Perhaps this part of the Ministerial vow is more often violated than any other, on this very account. 7. Do 5^ou engage to be faithful and diligent in the exercise of all your duties as a Christian and a Minister of the gospel, whether personal or relative, private or public ; and to endeavor by the grace of God to adorn the profession of the gospel in your conversation, and to walk with exemplary piety before the flock of which God shall make you overseer? See comments under question 5. Emphasis is thus put upon the preeminent importance of the Minister's life as distinguished from his teaching. 8 Are you now willing to take the charge of this church, agreeably to your declaration at accepting their call? And do you, reljnng upon God for strength, promise to discharge to it the duties of a Pastor ? This is parallel with question 4 in paragraph 112. If the candidate should fail to answer any of these questions in the affirmative, that failure w^ould arrest the ordination service. 120. — V. The candidate having answered these questions in the affirmative, the presiding Minister shall propose to the church the following questions: It appears that only a Minister may preside on such an occasion. 1. Do you, the people of this congregation, continue to profess your readiness to receive . . . whom you have called to be your Pastor ? These four questions replace the one question asked the church, paragraph 112, at the installa- tion of Euling Elders and Deacons, and, by laying more emphasis upon these obligations to a Minister than upon the like obligations to them, again indi- 148 Chap. VI., Sec. V., Par. 5. 120 cate the greater dignity and importance of the order of Ministers. It is conceivable that the church may change its mind between the election and the installation ; and if so, here would be the place, if it has not been done already, to show this change of mind by refusing to answer affirmatively. And should there be such a refusal by the members generally, or by so large a number as to indicate such a change of mind, the Presbytery should not proceed with the installation. 2. Do you promise to receive the word of truth from his mouth with meel^ness and love, and to submit to him iu the due exercise of discipline? This is a specific promise not to do what members of the church are so liable to do, receive the preaching with adverse criticism, and resist or disapprove discipline. 3. Do you promise to encourage him in his labors, and to assist his endeavors for your instruction and spiritual edifica- tion? Here is emphasized a thing so commonly neglected by the members of the church, and yet so much needed by the Pastor, an obligation the more sacred because indefinable. 4. And do you engage to continue to him while he is j'our Pastor that competent worldly maintenance which you have promised, and to furnish him with whatever you may see needful for the honor of religion and for his comfort among you ? It being assumed that the church in its call has promised a competent worldly maintenance, it here repeats that promise, especially promising not to discontinue or diminish the same on account of any disaffection arising, until discharged from this obligation by the dissolution of the pastoral rela- 121 Chap. VI., Sec. Y., Pars. 5, 6. 149 tion; and to this is added a promise that to this minimum shall be added whatever, if anything, is needful to the honor of religion or the comfort of the Pastor. A beautiful undertaking ! But who is bound to do this? Each individual to the extent of his par- ticular promise already made? Yes and No. The individual is bound in just the sense and to just the extent in which every member of a body is bound for its obligations; his obligation is not limited or measured by the pro rata which he may have undertaken to pay, except so far as the terms or conditions of that promise may define his rela- tions to his fellow members ; for his obligation is not immediately to the Pastor, but to the church. It is the church that is under obligation to the Pastor; and its whole ability in property and in its resources of contributions from its members is under pledge. This being true, a church ought not to enter into an obligation beyond its reasonable ability to meet, nor ought a Presbytery to permit it. But since a church ought not to promise anything less than a competent support, a church not really able to give such a support ought not to continue as a distinct church. By sharing the support of a Pas- tor with one or more neighboring churches, or by receiving a fixed aid from Presbytery or other source, a church not able alone to have a Pastor may yet have a Pastor agreeably to these princi- ples. 121. — VI. The people having answered these questions in the affirmative, by holding up their right hands, the candidate shall kneel, and the presiding Minister shall, with prayer and 150 Chap. YI, Sec. V., Par. 6. ISl the laying on of the hands of the Presbytery, according to the apostolic example, solemnly set him apart to the holy office of the gospel ministry. Prayer being ended, he shall rise from his knees; and the Minister who presides shall first, and after- wards all the members of Presbytery in their order, take him by the right hand, saying, in words to this effect: "We give you the right hand of fellowship, to take part in this min- istry with us." The Moderator shall then say: "I now pro- nounce and declare that A. B. has been regularly elected, or- dained, and installed Pastor of this congregation, agreeably to the word of God, and according to the Constitution of the Presbyterian Church in the United States; and that as such he is entitled to all support, encouragement, honor, and obedience in the Lord, In the name of the Father, and of the Son, and of the Holy Ghost. Amen." After which the Minister' pre- siding, or some other appointed for the purpose, shall give a solemn charge to the Pastor and to the congregation to perse- vere in the discharge of their reciprocal duties; and then by prayer recommend them both to the grace of God and his holy keeping; and finally, after singing a psalm or hymn, shall dis- miss the congregation with the usual blessing. And the Pres- bytery shall duly record the transaction. It is to be noted that the Minister presiding is to do everything but preach the sermon and de- liver the charge, and he may also deliver the ser- mon or the charge, or both; that the charge to the Pastor and to the people is to be delivered by one Minister, there being prescribed here only one charge by one Minister, and not two charges by two Ministers; and that a Killing Elder cannot be an appointee for any of these functions. As there is nowhere any rule for determining an order of precedence between the members of Presbytery, the phrase "members of the Presbytery in their order" must mean simply one after another. Rul- ing Elders, members of the Presbytery, lay their hands on the head of the candidate, and extend to him the right hand of fellowship, as well as the Ministers. It is proper for them also to use the 125 Chap. VI., Sec. V., Pars. 7, 8, 9, 10. 151 words "to take part in this ministry with ns," al- though these words can mean, in their mouth, only the ministry of ruling. (Cf. also par. 112 and com- ments.) 122.— VII. After the installation, the heads of families of the congregation then present, or at least the Ruling Elders and Deacons, should come forward to their Pastor, and give him their right hand, in token of cordial reception and affec- tionate regard. Others are not forbidden to do the same ; nor is it wrong to extend like welcome to a Euling Elder or Deacon. 123. — VIII. In the ordination of Probationers as Evangel- ists, the eighth of the preceding questions shall be omitted, and the following substituted for it, namelj': Do you now undertake the work of an Evangelist, and do you promise, in reliance on God for strength, to be faithful in the discharge of all the duties incumbent on you as a Minister of the gospel of the Lord Jesus Christ? While it would be according to the principles of the Form of Government to substitute a similar question in ordination to the office of Teacher or other sort of labor as Minister, no express pro- vision is made for such cases. (Cf. remarks at be- ginning of Sec. III.) 124.— IX. No Presbytery shall ordain any Probationer to the office of the gospel ministry, with reference to his laboring within the bounds of another Presbytery, but shall furnish him with the necessary testimonials, and require him to repair to the Presbytery within whose bounds he expects to labor, that he may submit himself to its authority, according to the Consti- tution of the Church. This accords with paragraphs 101 and 62. 125. — X. In the installation of an ordained Minister, the following questions are to be substituted for those addressed to a candidate for ordination, namely : 1. Are you now willing to take charge of this congregation 152 Chap. YI., Sec. V., Paes. 10, II. 126 as thek Pastor, agreeably to your declaration at accepting its call? This is identical with the first part of question 8 in paragraph 119. 2. Do you conscientiously believe and declare, as far as you know your own heart, that, in taking upon you this charge, you are influenced by a sincere desire to promote the glory of God and the good of the Church ? This is a particular application of the principle of question 5 in 119. 3. Do you solemnly promise that, by the assistance of the grace of God, you will endeavor faithfully to discharge all the duties of a Pastor to this congregation, and will be careful to maintain a deportment in all respects becoming a Minister of the gospel of Christ, agreeably to your ordination engagements? This is substantially the same as question 7 in 119, with a reiteration of all the ordinary obliga- tions. 126 — XI. A congregation desiring to call a Pastor from his charge, shall, by its commissioners, 109, represent to the Presbytery the ground on which it pleads his removal. The Presbytery having heard all the parties, The Pastor himself, as well as his church and the church calling, is one of the parties; but he is not obliged to indicate his opinion. may, upon viewing the whole case, either recommend them to desist from prosecuting the call, This recommendation the calling church is not obliged to follow, or may order it to be delivered to the Minister to whom it is addressed, with or without advice ; The Presbytery may be unwilling to prevent his 126 Chap. YI, Sec. V., Par. 11. 153 translation without his consent, and yet may feel constrained to advise him to decline the call ; or the Presbytery may be so strongly persuaded that his translation is desirable for the general good as to advise him to accept, although it is without authority to command. or may decline to place the call in his hands, however much any or all the parties may desire the translation, as it shall appear most for the peace and edification of the Church at large ; or it may refer the whole matter to the Synod for advice and direction ; As a lower court mav refer any question according to 247-254, and no Pastor shall be translated without his consent, Although he may, without his consent, be removed, that is, have his pastoral relation dissolved. If the parties are not ready to have the matter issued at the meeting then in progress, a written citation shall be given the Minister and his church to appear before the Presbytery at its next meeting, which citation shall be read from the pulpit of his church on the Sabbath after sermon, at least two Sabbaths before the intended meeting. The meaning is not that the citation shall be read at least twice, but that it shall be read once as much as two Sabbaths before. This gives the church ample time in which to meet as a congre- gation and send its answer, by commissioners or otherwise. The next meeting of Presbytery may be its next regular meeting or an adjourned meet- ing. The principle is, that the Presbytery must not, unless in such extraordinary cases as are 154 Chap. YI, Sec. V., Pars. 12, 13. 128 meant in the latter part of 77 : 6, dissolve a pastoral relation without giving both the Pastor and the church opportunity to show wh}- it should not be dissolved. 127. — XII. If the congregation, or other field of labor, to which a Minister or Probationer is called, be under the juris- diction of a different Presbytery, from that of the Minister or Probationer, on his acceptance of a call he shall be furnished with the pro- per testimonials, and required to repair immediately to that Presbytery, in order that he may be regularly inducted into his office according to the preceding directions. This would not require the dismissal of one who had come under charges, nor would it forbid the dismissal of one in whose hands a call had been placed and not yet accepted or declined. It may be remarked here that a church that has called a Pastor may withdraw that call at any time before his acceptance, and even at any time after his acceptance and before his installation is con- summated ; but, of course, if done between his ac- ceptance and installation, the withdrawal could be morally justified only upon the discovery of impor- tant facts forbidding the institution of the proposed relation. 128. — XIII. When any Minister shall tender the resignation of his pastoral charge to his Presbytery, the Presbytery shall cite the church, as in the preceding directions, to appear by its commissioners at the next meeting, to show cause, if any it has, why the Presbytery should not accept the resignption. If the church fail to appear, or if its reasons for retaining its Pastor be deemed insufficient, his resignation shall be accepted, and the pastoral relation be dissolved. If any church desires to be relieved of its Pastor, a similar process shall be observed. But whether the Minister or the church initiate proceedings for a dissolution of the relation, there shall always be a meet- 128 Chap. VI., Sec. Y., Par. 13. 155 ing of the ohurch, called and conducted precisely in the same manner as when the call of a Pastor is to be made out. A Pastor resigns to the Presbytery, and not to the church ; and the church, applies to the Presby- tery for a dissolution, and does not ask the Pastor to resign. It is the Presbytery that establishes and dissolves the pastoral relation, and not the Minis- ter and the church. These two parties have no negotiations with each other directly concerning the pastoral relation, but only through the Pres- bytery. At the same time, according to the principle indicated in paragraph 126, that the church may have already had a meeting and prepared its an- swer to Presbytery, in case some other church has made out a call that aims at the removal of the Pastor, the church may likewise, if its Pastor gives notice of his intention of tendering his resignation to the Presbytery, hold a congrega- tional meeting and appoint its commissioners to answer in the matter to Presbytery, before that meeting of Presbytery at which the Pastor's resig- nation is to be presented ; and the issue may then be determined. The church, when cited by Presbytery, must be convened in congregational meeting, but it may decide to make no opposition, and in that case may decide not to send any answer to the Presby- tery. And this requirement of a congregational meeting does not forbid the Presbytery to dissolve the pastoral relation on its own motion, without consulting either Pastor or church, "where the in- terests of religion imperatively demand it." (See 77:6.) 156 Chap. VI., Sec. VI., Par. 1. 129 How a cliurch can initiate proceedings is ex- plained in remarks under paragraph 113. Section VI. — Of the Licensure of Prohatioyiers for ilie Gospel Minhtry, The section contains two preliminary paragraphs, one defining the object of licensure and one pre- scribing Avhat Presbytery, and upon what condi- tions, shall take up the question of licensing a candidate; four on evidences of fitness for licen- sure, of which the first prescribes three preliminary tests, the next outlines the body of the trials, the third states the end and limit of these examina- tions, and the last permits licensure in extraordi- nary cases; two on the act of licensure, one pre- scribing the obligations to be demanded of the licentiate, and one the form of licensure; two on transfer of candidates in process of examination for licensure, and of unordained licentiates; and two concerning the duties of the licensed proba- tioner, and the withdrawal of license. 129. — I. Presbyteries shall license Probationers to preach the gospel, in order that, after sufficiently trying their gifts, and receiving from the Church a goo4 report, they may, in due time, ordain them to the sacred office. Licensure is a tentative ordination ; for the essence of ordination does not lie in the ceremony of the imposition of hands, but in the decision of the or- daining court to recognize a man as appointed by Christ to an office. And licensure is a tentative recognition. But it is tentative. The candidate is licensed as a Probationer. Especially is it neces- sary to bring into use the test of the call of the Spirit through the people of God; and the special 131 Chap. VI., Sec. VI., Pars. 2, 3. 157 object of licensure is in order to the application of this test. 130. — 11. The trials of a candidate for licensure shall ordi- narily be had by the Presbytery having jurisdiction of the church of which he is a member; but. should any one find it more convenient to put himself under the care of a Presbytei-y at a distance from that to which he most naturally belongs, he may be received by the said Presbytery on his producing testi- monials, either from the Presbytery in the bounds of which he has usually resided, or from any two Ministers of that Presby- tery in good standing, of his exemplary piety and other requi- site qualifications. It is a striking fact that, in this provision for applying for licensure outside the Presbytery to which the applicant's church belongs, no mention is made of the Session ; nor does the Constitution anywhere give the Session any function in connec- tion with the induction of men into the ministerial office. 131. — III. Candidates applying to the Presbytery to be li- censed to preach the gospel shall produce satisfactory testimo-. nials of their good moral character, and of their being commu- nicating members of the Churoh in regular standing. And the Presbytery shall examine them respecting their experimental acquaintance with religion, and the motives which influence them to desire the sacred office. This examination shall be close and particular, and shall ordinarily be conducted in the presence of the Presbytery only. And it is recommended that the candidate be also required to produce a diploma of Bache- lor or Master of Arts from some college or university, or at least authentic testimonials of his having gone through a regu- lar course of learning. Here are three preliminary requirements, the first two of which are imperative. The first is evi- dence, apart from the applicant's word, that he has a good moral character and is a communicating member of the Church. It is striking that neither of these facts is regarded as involving the other. 158 Chap. YI., Sec. YI., Par. 3. 131 The decision of Presbytery that the evidence sub- mitted on these points is satisfactory constitutes the applicant a candidate under the care of the Presbytery. The next requirement is independent of testi- mony concerning the candidate : it is a personal examination of the candidate on his experimental acquaintance with reHgion, in general, and on his motives for seeking the office of the ministry, in particular. Three things are contained here con- cerning this examination. The first is that it shall be an examination of the candidate. The Presby- tery may examine through a committee and by writing ; but the Presbytery must examine the can- didate himself, and examine to form a judgment of its own concerning his religious experience and inner mind ; not, indeed, simply to determine whether he gives credible evidence of regenera- tion, but of spiritual fitness for the ministry. And it lies in the nature of the case that the Presbytery need not conclude this part of the examination on the first occasion, but may take it up again and again until licensure is granted. In the second place, this examination is to be close and particu- lar. However much individual members of the Presbytery may be persuaded of the candidate's piety, or even of his fitness for the ministry, the principle is, that the court will be led to perceive and attest this fitness, upon a thorough examina- tion conducted in the humility and wisdom of the Spirit, if it exists; or, if it does not exist, to dis- cern and declare the lack of it. In the third place, that the examination may be such as this principle requires, the examination is ordinarily to be con- 132 Chap. VI., Sec. VI., Par. 4. 159 ducted in the presence of the Presbytery only, that there may be no embarrassment to the candidate in answering, nor restraint to the members of Pres- bytery in asking, such questions as are proper to a thorough examination. The third requirement Presbyteries are not en- joined to make. Presbytery may not license any one without satisfying itself that he has "learning" (paragraph 133) ; but Presbytery may proceed by examination to ascertain whether he has the learn- ing without requiring external proof that he has had the opportunity to acquire the learning. It is recommended, however, that this precaution be not omitted ; for no one has learning naturally, how- ever able he may be, and it is useless to examine a man to determine whether he has learning, if he has not gone through the only sort of course that leads to learning. The Constitution means to re- quire learning in all cases. It is remarkable that Kuling Elders and Deacons are presumed by the Constitution to receive their call from the people (and the court) first, and the inward call afterward ; but Ministers are presumed to receive the inward call first, and that of the court and of the people afterward. 133.— IV. The Presbytery shall try each candidate as to his knowledge of the Latin language and the original languages of the Holy Scriptures. This knowledge of the languages is set first and to itself, as lying at the basis of learning in general (that is, of the sort of learning required, which is rather that of the classical than of the scientific course), and of biblical learning in particular. It shall also examine him on mental philosophy, logic, and rhetoric : 160 Chap. YI, Sec. VI., Par. 4. 132 Teachers need to URclerstand psychology, since they are to work iipon mind ; logic, that they may be able to interpret, expound, and maintain their doctrines ; and rhetoric, that they may be able ef- fectively to present their teachings, on ethics ; This must be understood here to include meta- physics : and the singular importance of this branch of study as underlying theology is not to be overlooked. on the natural and exact sciences; While the mental and ethical sciences are more important for the minister, the training of the mathematical and physical sciences may not be dispensed with in a regular course of learning; and not only is this element of training needful for the minister, but the knowledge of the physical sciences is now of practical importance. on theology, natural and revealed ; This means not only a systematic arrangement of the doctrines of Scripture, but also a comprehen- sive philosophy of the system of doctrines taught in the Scriptures and otherwise known concerning God and man's relations to him. and not only is it indispensable that the candidate stand a satisfactory examination on theology in general, but, for practical reasons, especially on ecclesiastical history, the sacraments, and church govern- ment. It is noteworthy that the Presbytery is never at 132 Chap. YI., Sec. VI., Par. 4. 161 liberty to omit trying each candidate on these sub- jects. How much he shall know on these subjects is left to the Presbytery's discretion under the guidance of paragraph 133 ; but it is not left to the Presbytery's discretion whether to ascertain, hy ex- amination, some just measure of his knowledge and discipline in each of these subjects; nor may the Presbytery omit any of the exercises following. Moreover, the Presbytery shall require of him — 1. A discussion in Latin of a thesis on some common head in divinity. This will test his knowledge of the Latin language, of theology, and of logic and rhetoric. 2. An exegesis or critical exercise, in which the candidate shall give a specimen of his taste and judgment in sacred criti- cism ; presenting an explication of the original text, stating its connection, illustrating its force and beauties, removing its difficulties, and solving any important questions which it may present. This will test his acquaintance with one, if not with both, of the original languages of the Scrip- tures, with almost the whole list of branches of learning, and especially with the Bible itself in the original. 3. A lecture or exposition of several verses of Scripture. Besides serving largely the same purposes as the critical exercise, this will especially test his ac- quaintance with the English Bible and his ability as an expositor. 4. A sermon. Lying back of the sermon there needs to be a grasp of theological truth in system, and the power to set it forth, as is to be shown in the thesis ; a 11 162 Chap. YI., Sec. VI., Pars. 5, 6. 133, 134 command of the instruments of critical exegesis, as is to be shown in the critical exercise ; and the power of expounding the Scriptures in accord with the principles of sound theology and criticism, but so as to instruct and help popular assemblies, as is to be shown in the lecture; but the sermon itself is the preacher's great work, by which he works the truth of Scripture into the lives of men. Men may be profound theologians, correct exegetes and clear expositors, and still fail as preachers; and such men should not be licensed to preach. 133, — Y. These and other similar exercises Not these or other, etc. at the discretion of the Presbytery, shall be exhibited until it shall have obtained satisfaction as to the candidate's piety, learning and aptness to teach in the Church, The discretion of Presbytery extends to the " other similar exercises," and to the extent of the exer- cises and their repetition ; but the process of test- ing must continue until the Presbytery satisfies its mind whether the candidate has piety, learning and aptness to teach in the Church, that is, such piety and learning and aptness as the Minister should have. 134, — VI, No candidate, except in extraordinary cases, shall be licensed unless he shall have completed the usual course of academical studies, and shall also have studied divinity at least two years under some approved teacher of theology ; and whenever any Presbytery shall see reason to depart from this rule, it shall always n:ake a record of the fact upon its minutes, with the reasons therefor. The exception is not an exception from attainments, but from the ordinary conditions of getting the attainments. Ordinarily, one cannot have the re- 134 Chap. VI., Sec. YI., Par. 6. 163 quisite learning, secular and sacred, without com- pleting the usual course of academical studies and studying divinity two years or more under an ap- proved guide ; but there are extraordinary cases of men that, without having followed the usual aca- demical and theological courses, have, in unusual- ways, acquired the required knowledge and disci- pline (namely, the three languages; mental philo- sophy, logic and rhetoric; ethics; natural and ex- act sciences ; theology ; and ecclesiastical history, the sacraments and church government), and such extraordinary cases maybe constitutionally licensed. But the facts and reasons must always be recorded. But may no candidate be licensed who is deficient in one or more branches of the prescribed learn- ing? Not according to the Constitution, except on this ground : It belongs to Christ himself through his Holy Spirit to appoint men to office in his Church (pars. 8-11 and 96), and the regulations prescribed in paragraph 132 are prudential in their nature, precautions against the admission of un- qualified men to the ministry rather than an enum- eration of the qualifications that Christ has re- vealed specifically; and, consequently, whenever a Presbytery perceives that Christ has qualified a man for the office of the ministry w^ho is ignorant of one or more of these particular branches of learning, the Presbytery ought not to refuse to re- cognize the manifest will of the King, and issue the license. Of course, such an extraordinary case should be recorded, the principle that excepts some from the requirements of prescribed courses of study excepting some also from prescribed branches of study, which principle is, that no man is to be 164 Chap. YI., Sec, YI., Paes. 7, 8. 135, 136 excluded whom Christ has duly qualified, and no man admitted whom Christ has not qualified, whether he has or has not complied with the pru- dential requirements for getting these qualifications. Cf. also par. 118 and remarks thereon. 135. — VII. If the Presbytery be satisfied with his trials, it shall then proceed to license him in the following manner: the Moderator shall propose to him the following questions, viz. : 1. Do you believe the Scriptures of the Old and New Testa- ments to be the Word of God, the only infallible rule of faith and practice ? 2. Do you sincerely receive and adopt the Confession of Faith and the Catechisms of this Church as containing the system of doctrine taught in the Holy Scriptures ? 3. Do you promise to study the peace, unity and purity of the Church? These questions are identical with questions 1 and 2, and (nearly) question 5, put to Euling Elders and Deacons, and contain the fundamental obligations of all admitted to office. (Cf. 112 and 119.) The word edification, inserted in question 5 named above, is omitted here, it beicg yet unde- termined whether the licentiate shall be able to edify the Church. (Cf. pars. 139 and 140.) 4. Do you promise to submit yourself, in the Lord, to the government of this Presbytery, or any other in the bounds of which you may be called? This is substantially the same as the fourth ques- tion in the ordination of Ministers; but that is made more comprehensive, as the Minister comes into more complex relations with his brother Elders (through his membership in the courts), and the candidate is simply in subjection to the Pres- bytery alone without being a member of it. 136. — VIII. The candidate having answered these ques- tions in the affirmative, and the Moderator having offered up a 137 Chap. VI., Sec. VI., Pars. 8, 9. 165 prayer suitable to the occasion, he shall address the candidate to the following purpose: "In the name of the Lord Jesus Christ, and by that authority which he has given to Lhe Church for its edification, we do license you to preach the gospel as a probationer for the holy ministry wherever God in his provi- dence may call you ; and for this purpose may the blessing of God rest upon you, and the Spirit of Christ fill your heart. Amen." And record shall be made of the licensure in the fol- lowing or lil'e form, viz. : At , the . . . day of , the Presbytery of • • • , having received testimonials in favor of , of his having gone through a regular course of literature, of his good moral char- acter, and of his being in the communion of the Church, pro- ceeded to take the usual parts of trial for his Mcensure. And he having given satisfaction as to his accomplishments in liter- ature, as to his experimental acquaintance with religion, and as to his proficiency in divinity and other studies, the Presby- tery did, and hereby does, express its approbation of all these parts of trial. And he having adopted the Confession of Faith and the Catechisms of this Church, and satisfactorily answered the questions appointed to be put to candidates to be licensed, the Presbytery did, and hereby does, license him, the said \ . . . , to preach the gospel of Christ, as a Probationer for the holy ministry, within the bounds of this Presbytery, or wherever else he shall be orderly called. This form represents that the Presbytery proceeded to take the usual parts of trial and passed the formal act of licensure on the same date ; and for this reason it will be necessary, in many cases, to change it. This might be done by omitting the date at the beginning, and inserting it before the word "license." 137. — IX. When any candidate for licensure shall have occa- sion, while his trials are going on, to remove from the bounds of his own Presbytery into the bounds of another, it shall be considered regular for the latter Presbytery, on his producing proper testimonials from the former, to take up his trials at the point at which they were left, and conduct them to a con- clusion in the same manner as if they had been commenced by itself. 166 Chap. VI., Sec. VI., Pars. 10, 11, 12. 138-'40 But the latter Presbytery may, if it thinks best, repeat any or all of his former trials. 138.— X. In like manner, when any Probationer, after licensure, shall by the permission of his Presbytery remove beyond its limits, an extract of tlie record of his licensure, and a Presbyterial recommendation, signed by the Clerk, shall be his testimonials to the Presbytery under whose care he shall come. The refusal of this Presbytery to receive him would leave him, as would the refusal to receive an un- licensed candidate, hi statu quo under his former Presbytery. It is noticeable that he is not sup- posed to remove without his Presbytery's permis- sion. 139. — XI. Presbyteries should require Probationers to devote themselves diligently to the trial of their gifts ; and no one should be ordained to the work t)f the gospel ministry until he has given evidence of his ability to edify the Church. It is extremely important that the probationary character of the licentiate's status should not be forgotten, either by himself or the Presbytery. 140. — XII. When a Probationer shall have been preaching for a long time, and his services do not appear to be edifying to the Church, the Presbytery may, if it thinks proper, recall his license ; and it shall be its duty to do so whenever the Proba- tioner shall without necessity devote himself to such pursuits as interfere with a full trial of his gifts, according to his license. The dignity of a licensed Probationer should be kept inseparable from the obligation and aim of this tentative status. 141 Chap. VII., Par. 1. 167 CHAPTEE VII. Of the Constitution of the Pkesbyterian Church. Of the three paragraphs the first defines the Constitution ; the second shows how one part of the Constitution may be amended ; and the third, how the other part may be amended. 141. — I. The Constitution of the Presbyterian Church in the United States consists of its doctrinal symbols, embraced in the Confession of Faith, and the Larger and Shorter Cate- chisms, together ^vith the Book of Church Order, which com- prises the Form of Government, the Rules of Discipline, and the Directory for Worship. No other deliverances of church courts or of indi- viduals form any part of the Constitution. Nor is the Bible any part of the Constitution. As a dis- tinct organization, organizationally distinct from other church organizations, the parts of this Church stand together in this Constitution, accepted as binding law and covenant by all the constituent parts of this Church; and the Bible is to this Church what this Constitution defines it to be. The fact that this Constitution subordinates itself to the Bible in every sense does not make the Bible technically the Constitution of the denomi- nation. No one is compelled to become a consti- tuent of this society, and no one ought to assume to do so, or to continue to do so, who is not willing to stand together with the others in this Constitu- tion. But such acceptance does not mean the holding of this Constitution as infallible, or as in any sense equal in authority with the Bible, or as not needing improvement. 168 Chap. YII., Par. 2. 142 142.— II. The Book of Church Order may be amended on the recommendation of one General Assembly, when a ma- jority of the Presbyteiies advise and consent thereunto, and a succeeding General Assembly shall enact the same. The last clause is not a part of the "when" clause, as shown by the change of tense, but is co-ordinate with the first principal clause. The first statement, then, is that the Book 'inay be amended when the requisite number of Presbyteries advise and con- sent to a recommendation of amendment by a General Assembly. But the amendment is not yet enacted, it is not yet in the Constitution ; only the amendment has been recommended to be made, and the required advice and consent that it be made have been given. It remains for a succeed- ing General Assembly to make it. But does the word "shall" take away discretion from a subse- quent Assembly? Certainly not; for it does not command some particular Assembly to enact the amendment, and, therefore, commands no Assem- bly to enact it. The whole paragraph means that, before any amendment becomes in force, it shall be enacted by a General Assembly after a majority of the Presbyteries have advised and consented that the amendment be made, and have given this advice and consent, not in response to the motion of one or more individuals or other courts, but in response to a recommendation of a General Assembly. The Presbyteries must not only consent, but advise. The enacting Assembly may be any Assembly regu- larly convening after a majority of the Presbyteries existing at the time of the enactment have given their advice and consent. The amendment en- acted must be precisely that which was recom^ mended and was advised and consented to. 142 (a) Chap. VII. , Par. 3. 169 142 (re).— III. Amendments to the Confession of Faith and the Catechisms of this Church may be made only upon the re- commendation of one General Assembly, the concurrence of at least three-fourths of the Presbyteries, and the enactment of the same by a subsequent Assembly. The only real difference from the preceding para- graph is that three-fourths of the Presbyteries must concur instead of a majority. In acting on these amendments, too, Presbyteries should vote to concur or not to concur, but, in acting on those, to advise and consent or not to advise and consent. The provision contained in the preceding paragraph for the amendment of the Book of Church Order shall not apply to this paragraph: but this paragraph shall be amended or altered only in the way in which itself provides for the amendment of the Confession of Faith and Catechisms of the Church. Without some such sentence as this the whole para- graph would fail of its end, since it might be wiped out by a majority of the Presbyteries. These provisions for amending the Constitution settle two things beyond question: this Book of Church Order cannot mean to impose any obliga- tion upon any person inconsistent with his keeping an open mind for improvement of the doctrinal standards and of the Book of Church Order by changes of omission, addition or modification; and nothing said by any Minister or Euling Elder of the Church in any court in relation to any propo- sition to amend the Constitution ought ever to be pleaded against him in charging him with an offence. This unwritten immunity takes away ex- cuse for willingly agitating the Church generally in opposition to its Constitution before one endeavors in this constitutional way to have the Constitution amended. The Rules of Discipline. Discipline is such an important function of church courts that a special treatment of it and specific regulations of it are deemed necessary in the Constitution of this Church. After a chapter of preliminary definitions, and a chapter concerning the discipline of non-commu- nicating members, these Eules contain, first, three chapters on the Principles underlying Judicial Procedure: one treating of Offences; one of the Censures that may be used upon Offenders; and one on the Parties in cases of Process. In the second place, there follow Regulations concerning Process. In four chapters are Regulations gov- erning the Conduct of Process: one containing General Provisions; two containing Special Pro- visions pertaining to Process before Sessions, and to Process before Presbyteries ; and one on Evi- dence. Then are two chapters on Administration of Censures ; one on their Infliction, and one on their Removal. And there is appended a chapter on Cases w^ithout Process. Following these two parts, the one on Principles and the other on Pro- cess in the courts of Original Jurisdiction, comes the third part of the Rules, which defines exactly the Jurisdiction of the various courts, and in which is much matter that might as well have been put in the Form of Government. This part has three chapters: one on appellate jurisdiction; one on 170 143, 144 Chap. I., Pars. 1, 2. 171 substitutes for carrying an issue to a higher court ; and one on the determination of the jurisdiction to which any given person is subject. CHAPTEK I. Of Discipline — Its Nature, Subjects, and Ends. The first paragraph defines discipline ; the second specifies its subjects; and the other two treat of the ends of discipHne, one especially of the ends of the one kind of discipline, and the other of the ends of discipline in general. 148. — I. Discipline is the exercise of that authority and the application of that system of laws which the Lord Jesus Christ has appointed in his Church. The term has two senses : the one referring to the whole government, inspection, training, guardianship, and control which the Church maintains over its members, its officers, and its courts ; the other a restricted and technical sense, signifying judicial prosecution. It is noticeable that technical discipline is simply a means or form of discipline in the larger sense, and that it includes all the parts of judicial prose- cution, as well as the infliction and removal of cen- sures. 144. — II. In the one sense, all baptized persons, being members of the Church, are subject to its discipline and enti- tled to the benefits thereof ; but in the other, it refers only to those who have made a profession of their faith in Christ, The exception of non-professing members from judicial prosecution is justified by the considera- tion that the Church, already excluding them from the Lord's supper for not accepting and professing Christ, has no higher censure to inflict. The sub- jection of them to judicial process for other sins 172 Chap. I., Pars. 3, 4. 146, 146 would only irritate them and exaggerate the hein- ousness of other sins as compared with not accept- ing Christ. 145. — III. The ends of discipline, as it involves judicial prosecution, are the rebuke of offences, the removal of scandal, the vindication of the honor of Christ, the promotion of the purity and general edification of the Church, and the spiritual good of offenders themselves. These five ends run into each other. Judicial prosecution always aims at the rebuke of offences, if offences are found to exist; at the removal of the scandal of supposed offences, either by ascertaining their non-existence, or by rebuking them if they do exist; at the vindication of the honor of Christ by his Church's thus clearing itself of approving or allowing the offences; and at the purity and general edification of the Church by separating offenders, and by teaching in this particular way. But always it aims, too, at the good of offenders themselves, by leading them to forsake their sins, so long as there is hope of their reformation. But their good is not the sole end of discipline, and other ends may demand discipline where there is no hope of doing the of- fender good. 146. — IV. The power which Christ has given to the rulers of his Church is for edification, and not for destruction ; it is a dispensation of mercy, and not of wrath. As in the preaching of the Word the wicked are doctrinal ly separated from the good, so by discipline, the Church authoritatively separates between the holy and the profane. In this it acts the part of a tender mother, correcting her children for their good, that every one of them may be presented faultless in the day of the Lord Jesus. This paragraph speaks of discipline in general, and not of technical discipline alone. The holy 146 Chap. I., Par. 4. 173 are all consecrated persons, whether by reason of the consecration of themselves of their own free- will, or by reason of their standing in a sacred re- lation through their connection with others, as children with their parents; and those who have once become holy are, by the discipline of the church, in both its aspects as defined in paragraph 143, separated from the profane — that is, from those who are not thus holy — unless and until such persons, by their own actual rebellion against Christ, and by violation of their sacred obligations, show that they belong among the profane. The baptized child is thus classed as holy, and is so treated; and yet, as it grows up and neglects to acknowledge Christ, it is not admitted to the mofet sacred intimacy of fellowship at the Lord's table. If those persons who have been admitted into the number of the holy in the fullest ecclesiastical sense show that they really do not belong there, discipline puts them in their proper class. All the steps toward the admission to full membership, or toward exclusion from it, are in the nature of sepa- ration between the holy and the profane. The Church is not a society of "good" people in con- trast with "wicked" people (for its infant members are not of either class), but the society of "holy" people; and the obscuring or the effacement of this distinction is the obscuring or effacement of the distinction between the people of God and the people of the world, and is fatal, in its tendency, to the distinct existence of the Church. The main- tenance of the holiness of the Church, which is the very essence of its character, is not in order to de- stroy her children, but in order to save them ; for 174 Chap. II., Par. 1. 147 the purity of the Church as a holy society is in order to its efficiency as the instrumental agency of salvation. CHAPTEE II. Of the Discipline of Non- Communicating Members. After stating the obligations of parents to chil- dren in the Church, in the first paragraph, the rest of the chapter has to do with the duty of the Church, as such: first, to instruct her children; second, to recognize or to plead with them on their arrival at years of discretion ; and third, to continue to seek them. A paragraph is appended to deter- mine as to the jurisdiction of what particular church given non-communicating members belong. 147. — I. The oversight of the children of the Chuich is committed by God primarily to believing parents, who are re- sponsible to the Church for the faithful discharge of this duty. The responsibility of parents continues during the minority of their children, and extends to all such conduct contrary to the purity and sobriety of the gospel as parents may and ought to restrain and control. This paragraph defines, not the full responsibility of parents to God, but their responsibility to the Church, for the behavior of their children ; and while judicial prosecution may not be had of non- communicating children, it may be had of their communicating parents for such conduct of their children contrary to the purity and sobriety of the gospel as parents may and ought to restrain and control. 148, 149 Chap. II., Pars. 2, 3. 175 148. — II. The Church should make special provision for the instruction of its youth in the doctrines of the Bible as set forth in the Catechisms. Hence, church Sessions ought to establish, under their own authority, Bible classes and Sab- bath-schools for this object, or to adopt such other methods as shall secure the same end. (Cf. 67 : 8.) It is noticeable that the Catechisms (and not the Shorter Catechism only) are to be taught to the children of the Church ; and the Ses- sion of each church should see that this is done. And somehow there should be a difference between the children of the Church and other children. 149. — III. When the children of the Church arrive at years of discretion, they are bound to discharge all the duties of church members. If they give evidence of saving faith in "Christ, together with a correct walk and conversation, they should be informed that it is their privilege and duty to make a profession of faith in Christ, and to come to his table. If they exhibit a wayward disposition, and associate them- selves with the profane, the Church should still cherish them in faith, and ought to use all such means as the Word of God warrants and the Christian prudence of church officers shall dictate for reclaiming them, and bringing them to appreciate their covenant privileges and to discharge their covenant obli- gations. (Cf. 29.) It is not contemplated that the indi- vidual child will first ask admission to the Lord's table, but that the Pastor or other representative of the Session will inform the child that the Ses- sion advises it of its privilege and duty. At the same time, although there should be evidence of saving faith, but such behavior as would call for censure of a communicating member, the child is not to be thus advised. Yet all proper means are to be used to bring even the most wayward to ful- fill their covenant obligations. The theory lying back of this paragraph is, that the children of the Church will, normally, as they grow into responsi- 176 Chap. II., Pars. 4, 5 ; Chap. III. 150, 151 ble persons, find themselves having faith in Christ and Uving in obedience to him; and that, where this result does not appear, the church and the parents should be filled with solicitude to bring them to this personal submission, working in the expectation that God will effectually call them. 150. —IV. Those adult non-communicating members who submit with meekness and gratitude to the government and instruction of the Church, are entitled to special attention. Their rights under the covenant should be frequently and fully explained, and their duties enforced on their consciences; they should be warned of the sin and danger of neglecting their covenant obligations, and urged by the mercies of Christ to come up to their full discharge. (Cf. 30.) The exemption of non- communicating members from judicial prosecution does not exempt the Church from exercising watchful discipline over them in other forms of discipline ; and their privi- lege and obligation a§ church members should never be lost sight of. 151. — V. All non-communicating members shall be deemed under the care of the church to which their parents belong, if they live under the parental roof and are minors ; or otherwise, under that of the church where they reside, or with which they ordinarily worship. When their parents cease to be responsible to the Church (147) for their conduct, they cease to be under the jurisdiction of their parents' church as such. CHAPTER III. Of Offences. After defining offence in the first paragraph, offences are classified : the second paragraph spe- 152 Chap. III., Par. 1. 177 cifying what is common to tliem all; the third, the distinction of offences into two classes according to the persons whom they injnre ; and tlie fourth, their distinction into two classes according to the persons to whom they are known. 152. — I. An offence, the proper object of Judicial process, is anything in the principles or practice of a church member professing faith in Christ which is contrary to the Word of God. The meaning is not that there ought to be judicial prosecution of every offence in every instance, this paragraph not being intended to constrain the court to prosecute where judicial prosecution is not advisable; but the meaning is that there may be judicial prosecution for any principle or practice contrary to the Word of God, taking away from the accused every plea but that his principle or practice is not contrary to the Word of God. What is contrary to a custom of the Church, or to some deliverance of a church court, or even to a symbol of doctrine or government, is not an offence unless it is contrary to the Word of God; but anything contrary to the Word of God is an offence. Even to this, however, there is one practical modifica- tion in this Church : The Confession of Faith and the Larger and Shorter Cate- chisms of the Westminster Assembly, slightly amended, cf. 141 and remarks, together with the formularies of government, discipline and worship, are accepted by the Presbyterian Church in the United States as standard expositions of the teachings of Scrip- ture in relation to both faith and practice. Nothing, there- fore, ought to be considered as an offence, or admitted as a matter of accusation, w^hich cannot be proved to be such from Scripture, as interpreted in our standards. 12 178 Chap. III., Par. 1. 152 To the general statement that our courts may treat anything contrary to the Scriptures as an offence, there is the exception of that which, though con- trary to the Scriptures, is not contrary to the standards. This is on the ground that the Church is restrained by her covenant with all her members in the Constitution. If it be objected that then the Church thus cuts herself off from obeying Christ by enforcing his law in every part of it, the answer is, that the Church retains the liberty of amending her standards so as to make them exact and complete, if at any time she should discover any error or defect in them. But if she should be on the point of judicially prosecuting for something contrary to the stand- ards indeed, but not to the Word of God, she must not enforce the standards as law rather than. the Scriptures; for only the Scripture is law in this Church. (Cf. pars. 9, 10, 17, 19, 60, the first ques- tion in 112, 119 and 135, and many other passages in the Book of Church Order as well as in the doc- trinal standards.) In human government, whe^'e the legislature is as fallible as the judiciary, the interpretation of the law by courts may be treated as itself law, within certain limitations ; but not in the Church, whose law, the Scriptures, is infallible, but whose standard interpretation, the symbols of doctrine and order, are fallible. If it be said that the Constitution is a covenant, and that by its acceptance we are all bound to treat its interpretation of the Word as being the Word of God, the answer is threefold. The members gen- erally have not accepted this Constitution in the same comprehensive sense as the officers, and have 152 Chap. III., Par. 1. 179 not even been asked whether they accept our doc- trinal standards as containing the system of doc- trine taught in the Scriptures, or whether they approve the government and discipHne; and yet the definition of an offence is the same for un- official as for official members. In the second place, the officers have accepted the standards as fallible and amendable, over against the Scriptures as infallible and incapable of amendment ; and this vow of belief can bind no Presbyter to find any one guilty of an offence, of a sin against God (153), be- cause of something which the Presbyter believes not contrary to Scripture. And in the third place, the Constitution subordinates itself to the Scrip- tures, and it would be disloyalty to the Constitu- tion itself to let it displace the 'Scriptures in con- trolling one's thinking or action. The Constitution is not afraid to be thus brought back continually to the very Word of God ; thus v>^ill its scriptural- ness become more and more manifest. The form of indictment is not treated or pre- scribed in this paragraph, but the principle is laid down in this and in the following paragraph, that an offence is something contrary to the Word of God, a sin against God; and "the Supreme Judge, by which all controversies of religion are to be de- termined, and all decrees of councils, opinions of ancient writers, doctrines of men, and private spirits, are to be examined, and in whose sentence we are to rest, can be no other but the Holy Spirit speaking in the Scriptures." (Confession of Faith, Chap. I., Par. 10.) And it is unconstitutional to make the Constitution, which is itself decrees of 180 Chap. III., Par. 2. 153 councils, the supreme judge in controversies that involve judicial prosecution. At the same time if one holds an interpretation of the Scriptures different from that of the Church as expressed in her standards, and fails- to convince the courts of the Church that her interpretation is error (as, of course, he most probably will fail), he must not expect the court to judge him ac- cording to his interpretation. As long as his ordi- nation vows are fulfilled in his own conscience, he need not, from his point of view, surrender any- thing that he has received from the Church upon taking those vows ; but if, from change of views, or from any cause, he ceases to fulfill those vows, he must, as a covenant-keeper, stand ready to sur- render whatever dignity he got in the Church by making the vows. No man can, by vows of any sort, make it his duty to disbelieve the Word of God, or to disobey his commandments ; but no man has a right to obtain any honor in an organi- zation upon condition of certain promises, and then insist on retaining it while breaking those prom- ises. When the individual and the Church differ on the question whether he is fulfilling his vows, each party must decide and act, knowing that Christ is the only Lord. Yet both parties, and no less the individual than the Church, must remember that to maintain the truth of Christ, in way and temper contrary to Christ, is to misrepresent, and, it may be, to betray his truth. 153.— II. Offences are either personal or general, private or public, but all of them being sins against God, are, therefore, grounds of discipline. The meaning is not that every offence should be 154-'6Chap.IIL,Paks.3,4; Chap. IV., Par. 1. 181 judicially prosecuted, for judicial prosecution is not the only method of discipline, nor is the only end of judicial prosecution the rebuke of offences ; but the meaning is, that the real ground of discipline is that the offence is a sin against God, and not its mere relation to the rights or knowledge of men. 154.— III. Personal offences are violations of the Divine law, considered in the special relation of wrongs or injuries to particular individuals. General offences are heresies, or im- moralities, having no such relation, or considered apart from it. One may not plead that his offence was against a particular individual, and that for this reason the Church should not intermeddle in the matter ; , nor that his offence is not a wrong to any one, and that for this reason the courts should not intervene. The Church is enforcing Divine law, and not pro- tecting personal rights. 155. — IV. Private offences are those which are known only to a few persons. Public offences are those which are noto- rious. The offender cannot plead that his offence should be overlooked because it is of either sort. CHAPTER IV. Of Church Censures. The first paragraph classifies the censures that may be inflicted, and the remainiug paragraphs define each sort of censure. 156. — I. The censures which may be inflicted by church courts are admonition, suspension, excommunication, and de- position. When a lower censure fails to reclaim the delin- quent, it may become the duty of the court to proceed to the infliction of a higher censure. 182 Chap. IY., Pars. 2, 3. 157, 158 When such becomes its duty, the court must deter- mine in each case, having regard to the principle that no censure is to be administered except upon conviction by process, or upon acknowledgment of guilt. 157. — II. Admonition is the formal reproof of an offender by a church court, warning him of his guilt and danger, and exhorting him to be more circumspect and watchful in the future. Admonition does not impair the offender's ecclesi- astical standing, and as soon as the admonition has been inflicted, he is no longer under censure, and he cannot be censured again unless after another conviction or confession. Should one convicted of an offence and sentenced to admoni- tion refuse to receive the admonition and do not appeal (par. 255), the court may not change the sentence and inflict another censure without first finding him guilty, in a regular way, of an offence in refusing to hear the censure. Admonition may be conjoined with other censure. 158. — III. Suspension, with respect to cJiurch members, is their temporary exclusion from sealing ordinances; with re- spect to church officers, it is their temporary exclusion from the exercise of their office. It may be either definite or indefi- nite as to its duration. Definite suspension is administered when the credit of religion, the honor of Christ, and the good of the delinquent demand it, even though he may have given satisfaction to the court. Indefinite suspension is the exclu- sion of an offender from sealing ordinances, or from his office, until he exhibit signs of repentance, or until, by his conduct, the necessity of the highest censure be made manifest. The sealing ordinances are baptism and the Lord's supper ; and exclusion from them is the exclusion of him from partaking of the Lord's supper himself and from having his children baptized upon his 159 Chap. IV., Par. 4. 183 profession of faith. His child might be baptized while he is under censure upon the faith of the other parent. The language requires that three conditions must exist before definite suspension is inflicted: that the credit of religion, the honor of Christ, and the good of the delinquent demand it.. Definite sus- pension terminates at the time set, without formal act ; and the suspended person, being, no longer under censure, resumes his use of the sealing ordi- nances or of his office. Definite suspension may- be inflicted whether the offender has given satis- faction to the court or not ; as when, for instance, the censured is not convinced in his own con- science of sin, and the court is not willing either to indefinitely suspend or to stop with mere ad- monition. A person under indefinite suspension may be excommunicated or deposed, without another trial, whenever it shall seem necessary to the court to proceed so far. In the case of officers, suspension from sealing ordinances and suspension from office may be con- joined, or suspension from office may be inflicted without the other. 159. — IV. Excommunication is the excision of an offender from the communion of the Church. This censure is to be in- flicted only on account of gross crime or heresy, when the of- fender shows himself incorrigible and contumacious. The de- sign of this censure is to operate on the offender as a means of reclaiming him, to deliver the Church from the scandal of his offence, and to inspire all with fear by the example of his disci- pline. One might be incorrigible in the sense that he can- not be convinced of his error, and at the same 184 Chap. IY., Par. 5, Chap. V. 160 time show no contumaciousness ; such a one is not to be excommunicated. And since this censure is to be inflicted only in the case of gross crime or heresy, and indefinite suspension from the sacra- ments is expected to issue in excommunication or repentance, courts should be careful not to inflict this suspension except for gross crime or heresy. 160. — V. Deposition is the degradation of an officer from his office, and may or may not be accompanied with the inflic- tion of other censm^e. Courts should be careful not to suspend indefi- nitely from office unless in cases in which deposi- tion should follow if there is not repentance. CHAPTEK Y. Of the Parties in Cases of Process. Process is a technical term for the whole proce- dure from the determination of the court to put on trial to the end of the trial in sentence. The first paragraph states what courts may try causes; the second, within what limitations the court itself may appoint a prosecutor ; the third, which is the heart of the chapter, who are the "parties"; the fourth, what shall be the form of indictment ; the fifth, who may not become prose- cutor of personal or private offences; the sixth, the absence of these limitations in the case of gen- eral offences ; the seventh, what special limitation the court may put upon itself before instituting process ; the eighth, what cautions the court should observe against receiving accusations; the ninth, 161, 162 Chap. V., Pars. 1, 2. 185 what warnings should be given to voluntary prose- cutors; the tenth, what is the status of an officer pending process over him ; and the eleventh, what are the rights of the accused pending process. The parties being the Church and the accused, the chapter shows how the Church may come to stand as accuser in a prosecutor, the responsibilities of the court and the prosecutor, and the status of the accused. 161 — I. Original jurisdiction in relation to Ministers of the Gospel pertains exclusively to the Presbytery (62 and 77), and in relation to other church members to the Session (62 and 67), unless the Session shall be unable to try the person or persons accused, in which case the Presbytery shall have the right of jurisdiction (77 : 2). Yet a Presbytery for a Session, or a Synod for a Presbytery, may try a cause upon reference from the lower court (247-254). 162. — II. It is the duty of all church Sessions and Presby- teries to exercise care over those subject to their authority; and they shall, with due diligence and great discretion, demand from such persons satisfactory explanations concerning reports affecting their Christian character. This duty is more impera- tive when those who deem themselves aggrieved by injurious reports shall ask an investigation. If such investigation, how- ever originating, should result in raising a strong presumption of the guilt of the party involved, the court shall institute process, and shall appoint a prosecutor to prepare the indict- ment and to conduct the case. This prosecutor shall be a member of the court, except that, in a case before the Session, he may be any communicating member of the same congrega^ tion with the accused. The phrase, " with due diligence and great dis- cretion," qualifies the imperative "shall demand" to this* extent, that the court may, for satisfactory reasons, omit such demand in some cases when there are injurious reports ; but only for extreme 186 Chap. V., Par. 2. 162 reasons would a court be justified in refusing a request for an investigation, if made by a party claiming to be aggrieved by injurious reports. The principle, however, remains, that the court is bound to preserve the honor of religion (173) at what- ever cost; and it cannot but fail of its most im- portant function as a court of the Lord Jesus Christ, if it does not use its power of discipline to preserve the Church. But it is the court itself, and not any individual, that determines, in every in- stance, whether there shall be an investigation. When, however, the court, by committee or otherwise, makes a demand or begins an inquiry, the object of such demand or inquiry being to de- termine whether there is ground of vindication or of instituting process, then "investigation" has originated (and investigation may originate and conclude at the same meeting, or even at the same session, of the court). And after an investigation is once originated, the court no longer has discretion not to institute process, if the investigation results in raising a strong presumption of the guilt of the accused. It appears, then, that, after an ^ investigation, the court must always institute process, except where the court judges that the investigation fails to result in raising a strong presumption of guilt, and, of course, the court may institute process, even when the members of the court believe that there is no guilt, if they are persuaded that this' is desirable for the vindication of inno- cence or for other reasons. The sum of the matter is, that the court has unlimited discretion (subject, as in all matters, to the review of higher courts), 163 Chap. V., Par. 3. 187 only that it has not discretion to raise by investi- gation a strong presumption of guilt and then not institute process. A strong presumption means a belief by the members of the court that evidence as then known to them would indicate that guilt probably exists, unless evidence to the contrary can be produced not then known to them. The court institutes process by appointing a prosecutor. It is the duty of the prosecutor thus appointed to prepare the indictment and to con- duct the case ; that is, the court, after the appoint- ment of the prosecutor, is simply a judge, and the whole responsibility of representing the Church as an accuser is on the prosecutor. This appointed prosecutor must be a member of the court, or, in the case of the Session, a communicating member in good standing in its church. 163. — III. The original and only parties in a case of process are the accuser and the accused. The accuser is always the Presbyterian Church in the United States, whose honor and purity are to be maintained. The prosecutor, whether volun- tary or appointed, is always the representative of the Church, and as such has all its rights in the case. In appellate courts the parties are known as appellant and appellee. The original parties are the only parties ; for the parties are not changed by the transference of the cause from court to court. In the appellate courts the party appealing is to be known as the appel- lant, and the other, the appellee ; but in the court of original jurisdiction, the parties are known as accuser and accused. The accuser is always the Church ; for whether the court appoints a prose- cutor, or accepts as prosecutor some one volunteer- ing to act as prosecutor, the prosecutor is, by that appointment or acceptance, made the representa- 188 Chap. V., Pars. 4, 5. 164, 165 tive of the Church. Henceforth the prosecutor represents the Church as accuser; the court, as judge. Of course, the court may change the per- sonnel of the prosecutor pending the process, and the prosecutor may be more than one individual. Since the prosecutor represents the Church as accuser, having the same rights and responsibilities whether appointed or voluntary, he cannot sit as a judge pending the process. He therefore has no vote in the court, pending the process, on any question relating thereto. 164. — IV. Every indictment shall begin: "In the name of the Presbyterian Church in the United States," and shall con- clude : "against the peace, unity and purity of the Church, and the honor and majesty of the Lord Jesus Christ as the King and Head thereof." In every case the Church is the injured and accusing party versus the accused. This last sentence must hold, even when the court accepts a voluntary prosecutor prosecuting a per- sonal offence against himself. His acceptance by the court of this Church constitutes him the repre- sentative of the Church ; hence the form prescribed for the beginning of every indictment. The form prescribed for the ending of every indictment shows that the Church herself has no rights except as united with her King and Head. It matters not what specifications, or what references to the standards or to the Scriptures, may or may not come in the body of the indictment, the indictment must assert that the thing charged is a sin against Christ. 165.— V. An injured party shall not become a prosecutor of personal offences without having tried the means of reconcilia- tion and of reclaiming the offender, required by Christ : ' ' More- over, if thy brother trespass against thee, go and tell him his 166, 167 Chap. V., Pars. 5, 6, 7. 189 fault between thee and him alone ; if he shall hear thee, thou hast gained thy brother; but if he will not hear thee, then take with thee one or more, that in the mouth of two or three witnesses every word may be established." (Matt, xviii. 15, 16.) A church court, however, may Judicially investigate per- sonal offences as if general, when the interests of religion seem to demand it. So, also, those to whom private offences are known cannot become prosecutors without having previously endeavored to remove the scandal by private means. Whether the person proposing to act as voluntary prosecutor shall be accepted by the court is a ques- tion on which the accused should be heard, and he should be allowed to introduce evidence that the proposed prosecutor has not complied with the conditions here prescribed; for only the accused would be able to dispute his claim that he had. And courts should rigidly inquire whether this condition has been complied with before accepting a voluntary prosecutor. 166. — VI. When the offence is general, the cause may be conducted either by any person appearing as prosecutor, or by a prosecutor appointed by the court. This is true also when the offence is personal, the previous paragraph not meaning that only the in- jured party could become voluntary prosecutor, but that he could not without previously complying with the conditions. This limitation applies only to the injured party. "Any person" must be limited to *'any member of the Church submitting to its authority" (267); for certainly no other could i-epresent the Church and have all its rights in the case. But the ap- pointed prosecutor must, be a member of the par- ticular church or of the court (162). 167. — VII. When the prosecution is instituted by the court, the previous steps required by our Lord in the case of personal 190 Chap. V., Pars. 7, 8, 9. 168, 169 offences are not necessary. There are many cases, however, in which it will promote the interests of religion to send a com- mittee to confer in a private manner with the offender, and en- deavor to bring him to a sense of his guilt, before instituting actual process. And the principle would seem to require this to be done in all cases where the offence appears to have been against the court, or its members as such. 168. — VIII. Great caution ought to be exercised in receiv- ing accusations from any person who is known to indulge a malignant spirit towards the accused • who is not of good char- acter; who is himself under censure or process; who is deeply interested in any respect in the conviction of the accused ; or who is known to be litigious, rash, or highly imprudent. This makes it clear that the court is not obliged, either itself to institute process by appointing a prosecutor, or to order the beginning of process by accepting a voluntary prosecutor; for, since the prosecutor represents the Church, it is a serious matter to give one such rights. But the court may, on the ground of accusations brought before it, originate an investigation, and institute process, without appointing as prosecutor him who volun- teers to be prosecutor. The court is not bound to assign its reasons for not accepting one as a volun- tary prosecutor. 169. — IX. Every voluntary prosecutor shall be previously warned, that if he fail to show probable cause of the charges, ho must himself be censured as a slanderer of the brethren, in proportion to the malignity or rashness manifested in the pro- secution. This warning must be given when he is accepted as prosecutor; and the failure of the court to in- stitute process against him after the trial is over is ipso facto acknowledgment by the court that he did show the probable cause here required. To 170-'l Chap. Y., Pars. 10, 11; Chap. VI. 191 sliow probable cause means to show thai he had probable evidence of the truth of the charges when he undertook the prosecution. 170 —X When a member of a church court is under pro- cess, ail his official functions may be suspended at its discre- tion ; but this shall never be done in the way of censure. This is a particular application of the principle that one may have the exercise of his official func- tions suspended without censure; but the court, should be slow to do this, unless prudence requires it, lest it work to the prejudice of the accused or make the court appear precipitate. 171 —XL In the discussion of all questions arising in his own case, the accused shall exercise the rights of defendant only, not of Judge. (Cf. rem. under 163 as to the prosecutor.) No one is accused, in the technical sense here meant, until the court has determined that there shall be pro- cess, otherwise, a designing man could by accusa- tion sift the court to suit his own plans. CHAPTEK VI. Of General Provisions Applicable to all Cases OF Process. Twenty provisions are given. The first ten look rather to the protection of the accused. The first two guard the court against a wrong temper in con- ducting a trial or commencing a process ; the other eight require sufficient citations. Paragraph 3 pre- vents undue haste at the beginning ; the fourth gives the accused, as well as the other party, the right of 192 Chap. YL, Par. 1. 172 official citation of all witnesses wanted; the fifth requires the indictment to be definite; the sixth gives the accused the benefit of a second citation ; the seventh defines more closely the provision of the sixth ; the eighth forbids the taking of evidence at a distance without reasonable notice to the ac- cused; the ninth protects any person from being put on trial for offences alleged to have been com- mitted at a distance without due investigation and safeguards; and the tenth requires that the cita- tions be served as well as issued. The other ten paragraphs look to the impartiality and fairness of the trial after the issue is joined. Paragraph eleventh defines the functions of the judicial committee ; the twelfth requires that a solemn charge be made to the members of the court as judges; the thirteenth lays down the rule for the examination of wit- nesses ; the fourteenth prescribes how issues arising in the course of the trial shall be settled ; the fif- teenth prescribes the order of procedure in the trial of a cause in a court of original jurisdiction; the sixteenth lays down the rule to govern chal- lenges; the seventeenth states some requirements that a member must observe or lose his qualifica- tion for continuing as a judge in the cause; the eighteenth defines the record of the cause and its uses ; the nineteenth gives directions as to counsel ; and the twentieth states and limits the time within which process must begin. These general regula- tions are not easily mastered and remembered always, but the observance of them is of great importance. 173. — I. It is incumbent on every member of a court of Jesus Christ engaged in a trial of offenders, to bear in mind 173 Chap. YL, Pars. 1, 2. 193 the inspired injunction : '*If a man be overtaken in a fault, ye which are spiritual restore such an one in the spirit of meek- ness, considering thyself, lest thou also be tempted." The trial proper begins with the charge of the Moderator to the court (183), while the process be- gins with the determination of the court that there shall be a judicial prosecution, and judicial proce- dure begins with the determination of the court to investigate; but this principle, while especially im- perative during the trial proper, applies through- out the whole judicial procedure, as indeed in all dealing with offenders. 173.— II. Process against an offender shall not be com- menced unless some person or persons undertake to make out the charge; or unless the court finds it necessary, for the. honor of religion, itself to take the step provided for in Chap- ter V. , paragraph II. Since an offence is anything in principle or prac- tice contrary to the Word of God, who of us is not an offender? Were it a duty to prosecute every offender, the Church would have no time or strength for anything else. Process shall not commence unless one of two conditions is fulfilled. The one of these conditions is, that some person or persons volunteer to prosecute in spite of the warning in 169 and after complying (if an injured party or one privy to a private offence) with 165; and even then the court may decline to allow process to commence, either from objection to the voluntary prosecutor (168), or because the thing charged is not an offence, or the evidence proposed is seen to be inadequate, or because the ends of disci- pline will not be promoted in the circumstances. The other of these conditions is that the court shall find it necessary, for the honor of religion, to 13 194 Chap. VI., Par. 3. 174 take the step provided for in 162. This phrase, " the honor of religion," is not to be pressed, but is to be taken as a brief equivalent of the ends of discipline mentioned in 145. The whole tone of these Eules is evidently this : that judicial pro- secution is not to be originated, either by a court or by a voluntary prosecutor, unless the honor of religion requires this step, all other means to this end having been first exhausted ; but that this means is, of course, to be resorted to when the honor of religion does require it, the honor of re- ligion to be preserved at every cost. And the honor of religion is synonymous with the holiness of the Church. (Cf. remarks on 146.) 174. — III. When a charge is laid before the Session or Pres- bytery, it shall be reduced to writing, and nothing shall be done at the first meeting of the court, unless by consent of parties, except to appoint a prosecutor, and order an indict- ment to be drawn, a copy of which, with the witnesses then known to support it, shall be served on the accused, and to cite all parties and their witnesses to appear and be heard at another meeting, which shall not be sooner than ten days after such citation; at which meeting of the court the charges shall be read to the accused, if present, and he shall be called upon to say whether he be guilty or not. If he confess, the court may deal with him according to its discretion; if he plead and take issue, the trial shall proceed. Accused parties may plead in writing when they cannot be personally present, and parties necessarily absent should have counsel assigned to them. A charge may be laid before the court either by a person proposing to be a voluntary prosecutor, or by a person not so proposing, or by the court itself at the conclusion of an investigation. The charge may, indeed, be first presented orally ; but it is not to be considered as laid before the court until the court has possession of a written copy approved by the party that lays the charge before 174 Chap. YI., Par. 3. 195 the court. The "parties" whose consent is here spoken of are the Church and the accused, that is, the prosecutor and the accused ; and hence the question of this consent cannot receive answer until after the prosecutor has been appointed or accepted. With the consent of the parties, the whole trial may be concluded at that meeting ; but this could only be where both parties were then present, and all the witnesses. Without such con- sent, only two things may be done. The first of these is "to appoint a prosecutor, and order the indictment to be drawn " by him (cf. 162) ; and the second is "to cite all parties and their witnesses," that is, to order the Moderator or the Clerk to issue these citations (175). The citation to the accused must include a copy of the indictment as prepared by the prosecutor. He may prepare the indictment, and furnish a copy of it for this purpose to whichever officer has been instructed to issue the citation to the accused, after the meet- ing of the court is over ; but the copy of the cita- tion must reach the hands of the accused in due time (178). The citations to the witnesses need contain only the title of the cause, and the time and place of the meeting for trial, together with the official command or request to be present for giving evidence. The meeting for trial must be at least ten days after the day on which the citation to the accused is served upon him ; but how many days after the citations reach the witnesses is left undetermined ; but the principle is that the parties and witnesses shall have due time to prepare for the trial and to arrange for attendance. The charge, as first written, need not be in the form of 196 Chap. YI., Pars. '6, 1. 175 an indictment; but the "charges" to be read to the accused is synonymous with the indictment. The accused may, of course, object to the indict- ment, and may move that it be rejected by the court, as not in proper form (164), or as being too indefinite (176), or he may move that it be amended so as to eliminate imperfections ; but if the court sustains the indictment, tlie accused must plead either "guilty" or "not guilty," or he may plead "guilty in part, and not guilty in part" (specifying what is admitted and what is denied). If a party is necessarily absent, he may take either of two courses. He may plead in writing. This plea he may accompany with requests that such or such be assigned as his counsel, that the trial be post- poned, etc. He may send in an oral communica- tion (which, however, should be reduced to writing and put on record), and this may be accepted by the court in lieu of a communication written by the accused himself; or he may send no communi- cation, or may send a communication declining to plead; and in either case, even if he declines to plead at all, and not merely in his absence, the trial may not proceed at that meeting, or without a second citation. The court is obliged to assign, as counsel, whomsoever the accused may nominate (within the limits of paragraph 190), if such nomi- nee consents ; and no one may be tried in his ab- sence without what the court considers proper counsel. 175. — IV. The citation shall be issued and signed by the Moderator or Clerk, by order and in the name of the court; he shall also issue citaticn&to such witnesses as either party shall nominate to appear on his behalf. 176, 177 Chap. YI., Pars. 5, 6. 197 At any time before the time set for trial, either party may nominate witnesses to the Moderator or Clerk ; but it would be a sufficient objection to any witnesses nominated by the prosecutor after th-e meeting of the court ordering the indictment to be served, that the prosecution then knew this wit- ness (174). Either party has the right all the while to know what witnesses the other party is having cited. 176. — V. In drawing the indictment, the times, places, and circumstances should, if possible, be particularly stated, that the accused may have an opportunity to make his defence. The court may make inquisition before the com- mencement of process, but not afterward, and there- fore, the indictment may not be used as an instru- ment of inquisition ; and it must be so drawn as to give an innocent party every opportunity of prov- ing his innocence, as well as of preventing his conviction. 177.— VI. When an accused person shall refuse to obey a citation, he shall be cited a second time; and this second cita- tion shall be accompanied with a notice that if he do not ap- pear at the time appointed (unless providentially hindered, which fact he must make known to the court), or that if he appear and refuse to plead, he shall be dealt with for his con- tumacy, as hereinafter provided. His absence without sending in an excuse is pre- sumptive evidence that he refuses. According to the principle here laid down, if he comes upon the first citation, but refuses to plead, the court would cite a second time, instead of then proceeding to deal with him for contumacy. (Cf. pars. 193 and 199.) The reason for this patient forbearance is, that the court of Christ may show his gentleness, and thereby save the accused, and that the course 198 Chap. VI., Pars. 7, 8, 9. 178-180 enjoined upon the court in cases of contumacy is too severe to be entered upon without necessity. 178. — VII. The time which must elapse between the serving of the first citation on the accused person, and the meeting of the court at which ho is to appear, shall be at least ten daj-s. But the time allotted for his appearance on the second citation shall be left to the discretion of the court, provided that it be not less than is quite sufficient for a seasonable and convenient compliance with the citation. The accused must really have a second opportu- nity. 179. — VIII. When the offence with which an accused per- son stands charged took place at a distance, and it is incon- venient for the witnesses to appear before the court having jur- isdiction, that court may either appoint a commission of its body, or request the co-ordinate court contiguous to the place where the facts occurred, to take the testimony for it. The accused shall always have reasonable notice of the time and place of the meeting of this commission. If the contiguous court takes the testimony, it acts as a commission of the other. It lies in the nature of the case, that the commission will be furnished with copies of the indictment and of all proceed- ings that it needs to be acquainted with in order to a due discharge of its commission. The rea- sonable notice should be given by the court, if it fixes the time and place ; otherwise, by the com- mission. 180.— IX. When an offence, alleged to have been committed at a distance, is not likely otherwise to become known to the court having jurisdiction, it shall be the duty of the court within whose bounds the facts occurred, after satisfying itself that there is probable ground of accusation, to send notice to the court having jurisdiction, which shall at once proceed against the accused ; or the whole case may be remitted for trial to the co-ordinate court within whose bounds the offence is alleged to have been committed. 181, 182 Chap. VL, Pars. 10, 11. 199 Here the co-ordinate court, by sending notice to the court having jurisdiction, puts that court in the same relation to the matter as if it had made the investigation itself, and raised a strong presump- tion of guilt (162). The transfer of the case to the court best able to get the witnesses may be done without the consent of parties. The court having jurisdiction must first appoint or accept a prosecutor before transferring the case. (See 192 ) Cases should not thus be transferred except for grave reasons, especially if the accused objects. 181. — X. Before proceeding to trial, courts ought to ascer- tain that their citations have been duly served. It is not enough to ascertain that the citations were issued in due time, but also that they reached the persons cited in due time. 182. — XI. In every process, if deemed expedient, there may be a committee appointed, which shall be called the Judicial Committee, and whose duty it shall be to digest and arrange all the papers, and to prescribe, under the direction of the court, the whole order of proceedings. The members of this committee shall be entitled, notwithstanding their performance of this duty, to sit and vote in the case as members of the court. Every court before which the case comes may have such a committee. This committee has nothing to do with the merits of the case whatever. The court may give directions beforehand to this com- mittee as to the order of proceedings, and must approve its recommendations before they become in force. It is not by this paragraph made the business of this committee to recommend whether there shall be a procejs, but merely to formulate in detail the order of proceedings. But any ques- tion that may properly be decided previous to the commencement of process, or any question pertain- 200 Chap. VI, Pars. 12, 13, 14. 183-185 ing to a case in any sense judicial, may be referred to a committee for consideration and report; and such a committee may be called a Judicial Com- mittee. 183.— XII. When the trial is about to begin, it shall be the duty of the 3Ioderator solemnly to announce from the chair that the court is about to pass to the consideration of the cause, and to enjoin on the members to recollect and regard their high character as judges of a court of Jesus Christ, and the solemn duty in which they are about to engage. This charge marks the passage of the members of the court out of relation to the case as repre- sentatives of the Church accusing, and sets them free from every obligation but the one obligation to ascertain and declare the will of Jesus Christ in the case. 184. — XIII. In order that the trial may be fair and impar- tial, the witnesses shall be examined in the presence of the accused, or at least after he shall have received due citation to attend. Witnesses may be cross-examined by both parties, and any questions asked which are pertinent to the issue. The prosecutor, too, must be present. Whether a question is pertinent the court must determine (but see 210) in case of dispute concerning its per- tinency. Members of the court also may ask ques- tions. 185. — XIV. On all questions arising in the progress of a trial, the discussion shall first be between the parties; and when they have been heard, they may be required to withdraw from the court until the members deliberate upon and decide the point. Members of the court must not become counsel to either party, either formally or really; and the presence of the parties or any other hindrance must not embarrass the full counselling together of the members of the court as judges. If the parties 186 Chap. YL, Par. 15. 201 may be required to retire, certainly the court may exclude all other persons, if it thinks best; but seldom will it be best to exclude even the parties. Nothing can be done in the presence of one party while the other is excluded. 186. — Xy. When a court of first resort proceeds to the trial of a cause, the following order shall be observed : 1, The Moderator shall charge the court ; 2, The indictment shall be read, and the answer of the accused heard ; 3, The witnesses for the prosecutor, and then those for the accused, shall be examined; 4, The parties shall be heard ; first the prosecutor and then the accused, and the prosecutor shall close ; 5, The roll shall be called, that the members may express their opinion in the cause; 6, The decision shall be made and judgment entered on record. Here it may be well to set down the order of the whole judicial procedure: I. Before Process. 1, Kaising the question of judicial procedure. This may be done by some member of the court calling its attention to prejudicial facts or rumors, or by a commnnication from any person to the same end. A request from one affected by reports would raise the question. 2, Taking up the question. This can be done only upon a motion. Here the ques- tion is whether there shall be an investigation, or, if some one proposes to be a voluntary prosecutor, the question may be whether to consider his pro- position. 3, If the court has resolved to enter upon an investigation, or upon the consideration of some one's proposition to be a voluntary prose- cutor, then such investigation or consideration is pending until the court decides for or against insti- tuting process, or for or against accepting the pro- posing prosecutor. If the court decides against accepting the proposing prosecutor, it would still be in order to move that the court enter upon an 202 Chap. VI., Par. 15. 186 investigation. Pending this third head, the court may make such inquiries as are needful for its guidance. 4, If the court decides to institute pro- cess, it belongs here to appoint the prosecutor. II. Process before Trial. Process being initiated by the appointment or acceptance of a prosecutor: 1, The court fixes the time and place of trial; 2, Orders the proper citations to be issued; 3, Ascer- tains whether the citations have been duly served ; 4, Kecognizes or appoints counsel for the accused, if needful ; acts upon his objections to process under 191; and acts upon objections from the accused to the prosecutor under 162 or 165 ; and 5, Orders the trial to proceed, if the parties are present, or fixes the time and place of the next meeting and orders the second citations to be issued. III. The Trial includes these parts in succes- sion : 1, The charge to the court. At this time a roll of those present as sitting members of the court should be made, so that at every step a proper record of their attendance may be kept ; and to this list none are to be added pending the trial, and none are to be taken away from it except upon order of the court. Challenges may be made at this point; and challenges may bo made at any point subsequently upon grounds subsequently arising or coming to light. 2, Bead- ing the indictment and hearing the pleading of the accused. "When the indictment has been read, it is in order for the accused to object to the indict- ment, either on the ground that it does not con- form to 164, or on the ground that it does not comply with 176 ; and after discussion between the parties, the court must decide the point. It 186 Chap. VI., Par. 15. 203 would also be in order for any member of the court to object to the indictment on either of these grounds, or on the ground that the indictment did not embody the charges upon which the court had ordered process to be conducted. But no one may attack the indictment upon the ground that the thing charged is not an offence ; for both issues, whether the thing charged upon the accused is true, and whether, if true, it is an offence (that is something *• against the peace, unity and purity of the Church, and the honor and majesty of the Lord Jesus Christ as the King and Head thereof"), are reserved for discussion and determination in the trial itself. If the indictment is set aside as defective, immediately the process is at the point where it was when the court appointed or accepted a prosecutor. But the indictment being sustained as sufficient, the accused must plead. If the accused plead guilty, 3, 4 and 5 would be skipped. 3, The witnesses for the prosecutor shall be caUed and ex- amined in the order that he desires. After all the wit- nesses for the prosecution have been examined and cross-examined, and, if the court permits, recalled and re-examined, then the witnesses for the accused shall be similarly examined. But no witness for the prosecution may be examined after the examina- tion of witnesses for the accused, unless by con- sent of the accused and the order of the court. Under this head come all challenges of witnesses. 4, Here shall come first the address or addresses of the prosecution, then of the accused, and finally of the prosecution again. It would be out of order for the prosecution, after the accused has spoken, to say anything except strictly in answer to what 204 Chap. VI., Par. 15. 186 the accused has said. 5, The roll shall be called, that the members may express their opinion in the cause. It is not intended that this shall become a discussion between the members. Accordingly it is proper to limit the members to a brief time ; and it would not be inconsistent with the intention, to require that each one merely read his prepared opinion. Otherwise, it is a matter of much conse- quence in what order the members speak ; for an influential and eloquent member speaking among the first will greatly modify the expressions that are to follow. The real end of this expression of individual opinion is that each may have the help of the separate opinion of each of the others. 6, The decision shall be made, and judgment entered on record. The decision is not made under item 5, but there the opinions of all are expressed for comparison and mutual guidance. Here, and not till this point, should the decision itself be made, although it may save time to let the expression of opinion and the voting coincide. Necessarily the decision must be guilty or not guilty, since that is the single issue; but if the indictment contains several specifications, the decision may be guilty in part. As members are not required to express their opinion under 5, so the method of voting here, where the court is making its decision, is not prescribed ; and the vote may be by ballot, or by rising or lifted hand, or by yea and nay, as the court orders. After the decision is made, it still remains to determine what censure shall be in- flicted, if the accused has been found guilty. The ** judgment " is the acquittal, or else the condemna- tion with the censure; and the fixing of this cen- 187-189 Chap. VI., Pars. 16, 17, 18. 205 sure may be a matter of debate in the court, but in this discussion the parties can have no part. 187. — XYI. Either party may, for cause, challenge the right of any member to sit In the trial of the case, which ques- tion shall be decided by the members of the court other than the one challenged. Only one member can be challenged at a time, for otherwise a party could sift the court to suit him- self. The right of the challenged member to sit must be determined before anything else is done in the trial. No challenge of a member's right to sit should be entertained after the reading of the in- dictment to the accused, unless for cause not known before that time to the challenging party. 188. — XVII. Pending the trial of a cause, any member of the court who shall express his opinion of its merits to either party, or to any person not a member of the court; or who shall absent himself from any sitting without the permission of the court, or satisfactory reasons rendered, shall be there- by disqualified from taking part in the subsequent proceed- ings. A judge should hold his mind open to evidence and argument until he has heard all, and he needs to be present so as to hear all. The court should not excuse absence for light reasons, nor without giving the parties opportunity to state their objec- tions (185). Of course, this paragraph does not forbid expression of opinion as provided for in 186:5. 189.— XVIII. The parties shall be allowed copies of the whole proceedings at their own expense, if they demand them. Minutes of the trial shall be kept by the clerk, which shall ex- hibit the charges, the answer, all the testimony, and all such acts, orders, and decisions of the court relating to the cause, as either party may desire, and also the Judgment. The clerk shall, without delay, attach together the charges, the answer, 206 Chap. YI., Par. 19. 190 the citations and returns thereto, and the minutes herein re- quired to be kept. These papers, when so attached, shall con- stitute ''the record of the cause." When a cause is removed bj^ appeal or complaint, the lower court shall transmit "the record" thus prepared to the higher court, with the addition of the notice of appeal or complaint, and the reasons thereof, if any have been filed. Nothing which is not contained in this "record" shall be taken into consideration in the higher court. On the final decision of a cause in a higher court, its Judgment shall be sent down to the court in which the case originated. "Copies of the whole proceedings" is synonymous with." copies of the record of the cause." What acts, orders, and decisions relate to the cause the court must decide, in case the clerk and either of the parties differ on this point ; but the clerk, sub- ject to the direction of the court, may omit such acts, orders, and decisions as neither party desires. Returns to citations are evidences that they were served in due time and on the proper persons. The final decision of a cause is not made until a decision is made from which no appeal or com- plaint is taken to a higher court. 190. — XIX. No professional counsel shall be permitted as such to appear and plead in cases of process in any court ; but an accused person may, if he desires it, be represented before the Session by any communicating member of the same par- ticular church ; or before any other court, by any member of the court. A member of the court so employed shall not be allowed to sit in judgment in the cause. The court is not bound to allow him to be so rep- resented ; nor can any act as counsel before a Ses- sion unless a member of the same particular church with the accused, or before any other court unless a member of it. It follows that no person condemned can have the same counsel through all the higher courts. And this limitation will tend to discourage appeals. 191 Chap. YI, Par. 20; Chap. VII. 207 191. — XX. Process, in case of scandal, shall commence within the space of one year after the offence was committed, miless it has recently become flagrant. When, however, a church member shall commit an offence, after removing to a place far distant from his former residence, and where his con- nection with the Church is unknown, in consequence of which circumstances process cannot be instituted within the time above specified, the recent discovery of the church member- ship of the individual shall be considered as equivalent to the offence itself having recently become flagrant. The same principle, in like circumstances, shall also apply to Ministers. The principle is that, if the Church neglects to commence process against scandal (which is any flagrant public offence of practice bringing disgrace on the Church) within a year, she is debarred from thereafter doing it. This is not to shield the offender, but to incite to the prompt prosecution of such offences. Offences not so serious or scandal- ous the Church may bear with the longer while seeking to prevent scandal ; but for no considera- tion is the Church to tolerate such offences as are scandalous. CHAPTER YII. Special Rules Pertaining to Process Before Sessions. The first paragraph defines the scope of original jurisdiction belonging to the Session; the second points out the course to be followed in cases of contumacy; the third gives a special rule on this subject in cases of gross crime or heresy; and the fourth authorizes the Session to prevent partici- pation in the Lord's supper pending the examina- tion of charges. 208 Chap. VII., Pars. 1, 2, 3. 192-194 192. — I. Process against all church members, other than Ministers of the gospel, shall be entered before the Session of the church to which such members belong ; except in cases in which the Session is rendered incapable of exercising juris- diction, in which case process shall be entered before the Pres- bytery. (Cf. 161.) After process has been entered, the court may transfer the case to another Session, according to 180, in cases to which that paragraph will apply. If a Session considers itself incapable in any case, it must refuse to let process commence before it, assigning its reason. 193.— 11. When an accused person, having been twice duly cited, shall refuse to appear before the Session, or, appearing, shall refuse to plead, the court shall enter upon its records the facts, together with the nature of the offence charged, and he shall be suspended from sealing ordinances for his contumacy. This sentence shall be made public, and shall in no case be re. moved until he has not only repented of his contumacy, but given satisfaction in relation to the charges against him. The entry upon the records is the "sentence" which is to be published ; and the court should be careful in making it up. The court is allowed to put merely the nature of the offence in the sen- tence, omitting the details ; but it may, in its dis- cretion, copy the whole indictment into the sen- tence. If the accused repents of his contumacy, he then has the right to plead to the indictment as if he had not been contumacious ; that is, if he sat- isfies the court concerning his contumacy. Should he plead "not guilty," the trial will proceed. But he remains suspended until his acquittal, or, if convicted, until the censure of the court for the offence charged in the indictment is exhausted. 194,— III, If the charge be one of gross crime or heresy, 195 Chap. ^^II., Pars. 3, 4. 209 and the accused persist in his contumacy, the court may pro- ceed to inflict the highest censure. Otherwise, one could always escape excommuni- cation by being contumacious. The principle underlying these regulations may be stated thus : refusal to honor the court's citations or to plead at its bar — that is, refusal to recognize the court — is itself a sin against 'the Church and its Head so serious as to call for suspension, whether there is any other offence or not; and that persistence in this sin raises a presumption of guilt in respect to the charge of the indictment, a presumption strong enough to require the court to act upon it when the offence charged is so grave as to require ex- communication for the honor of religion. It is as- sumed that there can be no trial in the absence of the accused; but the commencement of process is always preceded by inquiry that has resulted in the commencement of process. 195. — IV. When it is impracticable immediately to com- mence process against an accused church member, the Session may, if it think the edification of the church requires it, prevent the accused from approaching the Lord's table until the charges against him can be examined. This is an extreme measure, to be resorted to only when the known evidence is strong, and the offence is such that for the accused to communi- cate before his guilt or innocence is established will bring reproach upon the Church as permitting it. It would be inexcusable in a Session to pro- long this prudential suspension from the Lord's table wdthout immediately instituting process or beginning investigation. Ordinarily, this pruden- tial measure will be taken privately. 14 210 Chap. YIII., Pars. 1, 2. 196 CHAPTER VIII. Special Rules Pertaining to Process Against a Minister. Paragraph 1 points out the court of first re- sort ; paragraph 2 raises a caution in protection of Ministers; and paragraph 3 directs how Ministers guilty of private offences should be dealt with. The fourth paragraph contains the rule in case of contumacy. Paragraph 5 distinguishes offences of principle into the more and the less grave ; para- graph 6 asserts the Presbytery's duty toward Min- isters in removing the scandal of lighter infirmi- ties; paragraph 7 guards against a Minister's es- caping with too light a censure by confession ; and paragraph 8 enjoins due caution in removing cen- sure of suspension or deposition from Ministers. The ninth paragraph deals with the censured Min- ister's relation to his church, if a Pastor ; and the tenth paragraph gives the special rule for divesti- ture. 196.— I. Process against a Minister shall be entered before the Presbytery of which he is a member. 197.— il. As no Minister ought, on account of his offtce, to be screened in his sin, or lightly censured, so scandalous charges ought not to be received against him on slight grounds. The very fact that Presbyteries ought to feel most sensitively the importance of preserving the good name of Ministers justifies the fear that, on the one hand, they may be tempted to screen of- fenders, and, on the other hand, that they may be tempted to pay undue attention to charges not well grounded. 198, 199 Chap. VIII., Pars. 3, 4. 211 198. — III. If any one know a Minister to be guilty of a pri- vate offence, he should warn him in private. But if the offence be persisted in, or become public, he should bring the case to the attention of some other Minister of the Presbytery for his advice. Any one proposing to be a voluntary prosecutor would be disqualified if he had failed to comply with these requirements. (Cf. also 165.) If the "any one" here spoken of is himself a Minister, the paragraph may not be disregarded by him; and he must not proceed beyond private remon- strance without first taking the advice of some other Minister of the Presbytery. The aim of the paragraph is to save the offender without bringing scandal on the Church. 199. — IV. If a Minister accused of an offence, having been twice duly cited, shall refuse to appear before the Presbytery, he shall be immediately suspended. And if, after another cita- tion, he still refuse to attend, he shall be deposed as contuma- cious, and suspended or excommunicated h'om the Church. Record shall be made of the Judgment and of the charges under which he was arraigned, and the sentence shall be made public. As, in the second citation, he was given notice that, if he did not appear, or, appearing, did not plead, he would be dealt with for contumacy ac- cording to this paragraph (see par. 177 j, we must understand here "or refuse to plead" after "refuse to appear." After the second citation in the case of a private member, the Session suspends him and publishes sentence ; but in the case of a Minister, the Presbytery suspends (from the ministry), and issues a third citation. After this third citation, the Minister is suspended or excommunicated from sealing ordinances, having been already suspended from office ; and then the sentence is made public. 212 Chap. VIII., Pars. 5, 6. 200, 201 The Presbytery may publish the seotence without publishing even the nature of the charges (except so far as the sentence itself makes known the charges or their nature). If the accused is sus- pended after the third citation, there is no pro- vision for proceeding afterv/ard to deposition and excommunication without a trial. The difference between the Minister and the other sort of church member is this: the church member can only be suspended for contumacy at first, but may after- wards be excommunicated and deposed without trial if the contumacy continue (194) ; and the Minister may be excommunicated after the third citation without trial, but not later if not then. The Minister must be deposed after the third cita- tion. 200. — V. Heresy and schism may be of such a nature as to warrant deposition; but errors ought to be carefully consid- ered, whether they strike at the vitals of religion, and are in- dustriously spread, or whether they arise from the weakness of the human understanding, and are likely to do much injury. This paragraph should be observed by the Pres- bytery both in instituting or permitting process and in fixing the censure after conviction. It is constitutional to let men remain in the ministry with erroneous views, provided said views do not strike at the vitals of religion and are not industri- ously spread. If a view does logically strike at the vitals of religion, but is not industriously spread, and, does not practically destroy the piety or use- fulness, of the Minister, it may be tolerated. But in the case of the Minister especially, the influence of his views upon his teaching must be considered. 301.— yi. If the Presbytery find on trial that the matter 203, 203 Chap. VIII., Pars. 6, 7, 8. 213 complained of amounts to no more than such acts of infirmity as may be amended, so that little or nothing remains to hinder the Minister's usefulness, it shall take all prudent measures to remove the scandal. All are subject to infirmity, and any Minister's usefulness is liable to be injured or destroyed by the malicious or inconsiderate exaggeration of his failings, when, on the whole, he is really a well- qualified Minister. 202.— VII. When a Minister, pending a trial, shall make confession, if the matter be flagitious, such as drunkenness, uncleanness, or crimes of a higher nature, however penitent he may appear to the satisfaction of all, the court shall, without delay, 'Suspend him from the exercise of his office, or depose him from the ministry. Confession shall not save him from deposition, or, at least, from suspension from ofiice ; for disci- pline is not only for the reformation of the of- fender, but also for the honor of religion. 203.— VIII. A Minister suspended or deposed for scandal- ous conduct shall not be restored, even on the deepest sorrow for his sin, until he shall exhibit for a considerable time such an eminently exeniplary, humble, and edifying walk and con- versation as shall heal the wound made by his scandal. And a deposed Minister shall in no case be restored until it shall appear that the general sentiment of the Church is strongly in his favor, and demands his restoration ; and then only by the court inflicting the censure, or with its consent. If scandalous conduct was the ground of sus- pension or deposition, there shall be no restoration until his behavior removes the scandal ; and after deposition, whether the deposition was for conduct or doctrine, there shall be no restoration until both the general sentiment of the Church demands it and the original court consents thereto. This court is the more likely to know whether the re- formation is likely to be permanent. 214 Chap. YIII., Pars. 9, 10. 204, 205 204. — IX. When a Minister is deposed his church shall be declared vacant; but when he is suspended, it shall be left to the discretion of Presbytery whether the sentence shall include the dissolution of the pastoral relation. 205. — X. Whenever a Minister of the gospel shall habitu- ally fail to be engaged in the regular discharge of his official functions, it shall be the duty of the Presbytery, at a stated meeting, to inquire into the cause of such dereliction, and if necessary to institute Judicial proceedings against him for breach of his covenant engagements. If it shall appear that his neglect proceeds only from his want of acceptance to the Church, Presbytery may, upon the principles upon which it withdraws license from a Probationer, for want of evidence of the Divine call, divest him of his office without censure, even against his will, a majority of two-thirds being necessary for this purpose. In such a case the clerk shall, under the order of the Pres- bytery, forthwith deliver to the individual concerned a written notice that, at the next stated meeting, the question of his being so dealt with is to be considered. This notice shall dis- tinctly state the grounds for this proceeding. The party thus notified shall be heard in his own defence; and if the decision pass against him he may appeal, as if he had been tried after the usual forms. Whenever there is the habitual neglect, it is the duty of Presbytery to make inquiry, which is tanta- mount to an investigation under 162. This investi- gation must issue in failure to raise a strong presumption of habitual neglect, or in raising a strong presumption of such neglect. When it re- sults in raising such presumption, then the Pres- bytery must either institute judicial process, if the neglect does not appear to proceed from want of acceptance, or give notice of proceedings to divest without censure. The party, when heard in his own defence, may be allowed to introduce evidence of his attention to his calling and of his accept- ance; and in case of appeal or complaint, the record of such evidence should be sent up. It would not be improper for the Presbytery to ap- 205 Chap. IX. 215 point some one to present the evidence for the neglect and want of acceptability. The essential difference between this procedure and a judicial trial, process, lies in the absence of ceDSure. This principle may apply, mutatis mutandis^ to Ruling Elders and Deacons. That is, for Minister substitute Kuling Elder or Deacon, and for Presbytery substitute Session. This divests of office ; paragraph 113 and para- graphs 126 and 128 dissolve official relations with- out divesting of office. One divested of office could not resume his office without re-ordination. CHAPTEK IX. Of Evidence. Paragraph 1 shows who are competent witnesses, but paragraph 2 exempts husband and wife from testifying against each other. Paragraph 3 lays down the rule requiring corroborative evidence, and paragraph 4 contains a regulation that aims to make witnesses independent of each other. Para- graph 5 prescribes the method of examining wit- nesses ; 6, the form of oath or affirmation ; and 7, the method of recording the testimony. Paragraph 8 shows how the records of one court are to be authenticated to another; paragraph 9, the value of such authenticated testimony; and paragraph 10, how testimony may be taken in the absence of the court. Paragraph 11 secures the use of the members of the court as witnesses, and paragraph 12 the use of all church officers and members as 216 Chap. IX., Pars. 1, 2, 3. 206-208 witnesses. And paragraph 13 regulates the use of new evidence after trial, and paragraph 14 after- appeal. 206.— I. All persons of proper age and intelligence are competent witnesses, except such as do not believe in the ex- istence of God, or a future state of rewards and punishments. The accused party may be allowed, but shall not be compelled, to testify; but the accuser shall be required to testify, on the demand of the accused. Either party has the right to chal- lenge a witness whom he believes to be incompetent, and the court shall examine and decide upon his competency. It belongs to the court to judge of the degree of credibility to be attached to all evid«mce. Accuser here must be interpreted to mean the prose- cutor. The only grounds of challenge of a witness are too great youth, too little intelligence {i. e., ability), lack of belief in God, or lack of belief in a future state of rewards and punishments. The accused cannot be debarred from testifying. 207. — II. A husband or wife shall not be compelled to bear testimony the one against the other in any court. A husband or wife may be cited, but it is optional with such an one to testify or not ; and the citation should so state. This regulation protects the mar- riage relation from disturbance by inquisition even of the Church itself. 208. — III. The testimony of more than one witness shall be necessary in order to establish any charge ; yet if, in addi- tion to the testimony of one witness, corroboi'ative evidence be produced, the offence may be considered to be proved. It may be so considered, not must be; for the court, judging of the credibility of evidence (206), might not believe a witness or a number of wit- nesses. The testimony of more than one witness, or of one witness and corroborative evidence, is necessary to prove each charge, each separate fact 209-211 Chap. IX., Paes. 4, 5, 6. 217 alleged, in the indictment. This rule setting the denial of the accused in counterpoise with the as- sertion of any single witness, and so protecting innocence, may also shield guilt, and even known guilt, from judicial conviction ; and this limitation should be remembered before judicial prosecution is begun. 209. — IV. No witness afterward to be examined, except a member of the court, shall be present during the examination of another witness on the same case if either party objects. Members of the court must remain in order to hear the evidence ; but there may be danger that the listening witness will suffer his testimony to be in- fluenced by the testimony that he hears. For this reason it may be advisable to take the testimony with all excluded but the court and the parties and the witness testifying, and to keep the testimony secret pending the trial. 210.— V. Witnesses shall be examined, first by the party introducing them, then cross-examined by the opposite party, after which any member of the court, or either party, may put additional interrogatories. But no question shall be put or answered except by permission of the Moderator, subject to an appeal to the court; and the court shall not permit questions frivolous or irrelevant to the charge at issue. Here an appeal is allow^ed directly from the Mod- erator of the Session to the Session, otherwise the trial might be made inextricably complicated. 211. — VI. The oath or affirmation to a witness shall be ad- ministered by the IModerator in the following or like terms : "You solemnly promise, in the presence of God, that you will declare the truth, the whole truth, and nothing but the truth, according to the best of your knowledge in the matter in which you are called to witness, as you shall answer it to the great Judge of quick and dead." If, however, at any time a witness should present himself before the court, who, for conscientious -^18 Chap. IX., Pars. 7, 8, 9, 10. 212-215 reasons, prefers to swear or affirm in any other manner he should be allowed to do so. But in no case should one be allowed to testify at all without agreeing to tell the truth, the whole truth and nothing but the truth, in answer to all questions that he answers. 212.— VII. Every question put to a witness shall, if re- quired, be reduced to writing. When answered, it shall, to- gether with the answer, be recorded, if deemed by the court, or by either party, of sufficient importance, and the testimony of the V7itness shall be read to him for his approbation and subscription. No question is "put to a witness" until it has been approved as a proper question to be put. If re- quired by either party or the court, it is then to be reduced to writing before being answered. Then, when the answer is given, the answer with the ques- tion must be recorded, if the court or either party desires it. When the testimony of a witness is all finished, he shall hear, revise and subscribe so much as goes on record. 213. — YIII. The records of a court, or any part of them, whether original or transcribed, if regularly authenticated by the Moderator and Clerk, or by either of them, shall be deemed good and sufficient evidence in every other court. (Cf. 56 and 88.) 214. — IX. In like manner, testimony taken before one court and regularlj'' certified, shall be received by every other court as no less valid than if taken by itself. It may not have the same weight, but is no less valid. 215.— X. When it is not convenient for the court to have the whole, or perhaps any part of the testimony in any par- ticular cause, taken in its presence, a commission shall be appointed to take the testimony in question, which shall be 216 Chap. IX., Par. 10. 219 considered as if taken in the presence of the court ; of which comission, and of the time and place of its meeting, due notice shall be given to the opposite party, that he may have an opportunity of attending. And if the accused shall desire, on his part, to take testimony at a distance, for his own exculpa- tion, he shall give notice to the court of the time and place at which it is proposed to take it, that a commission, as in the former ease, may be appointed for the purpose. Or the testi- mony may be taken on written interrogatories, by filing the same with the clerk of the court having jurisdiction of the cause, and giving two weeks' notice thereof to the adverse party, during which time he may file cross interrogatories, if he desire it; and the testimony shall then be taken by the commission in answer to the direct and cross-interrogatories, if such are filed, and no notice need be given of the time and place of taking the testimony. If the court refuses to appoint a commission to take evidence for the prosecution, the refusal must be based upon the ground that it is convenient to take the evidence in the presence of the court; but the court may refuse to appoint a commission to take evidence for the accused without assigning this ground. Otherwise, the accused might delay, or make practically impossible, the progress of the trial by claiming a necessity 'for taking distant evidence. If the court appoints a commission for the prosecution, the court fixes the time and place of the meeting of the commission, and gives due notice to the accused ; but if the court appoints a commission for the accused, it does so in compli- ance with his request as to time and place. Or, in either case, the court may instruct the commission to take the testimony by written interrogatories. Neither party can take any evidence in any way except before the court, or before a commission of the court acting as the court, or by filing written interrogatories with the clerk to be used by a com- mission. In this case the commission shall put 220 Chap. IX., Pars. 11, 12, 13, 14. 216-S19 the interrogatories to the witnesses, first the direct and then the cross interrogatories to each witness, observing all the regulations for taking testimony ex- cept that no questions are to be put but those filed ; but the oath or affirmmation may be administered, the questions put, and the answers received, by mail or other written communication. 216. — XI. A member of the court shall not be disqualified from sitthig as a judge by having given testimony in the case. 217. — XII. An officer or private member of the church re- fusing to testify may be censured for contumacy. But not for refusing to testify against one's hus- band or wife or one's self. And no one can be cen- sured for such contumacy except by the court having jurisdiction over him, and after conviction by process or after confession. 218. — XIII. If after a trial before any court new testimony be discovered, which is supposed to be highlj^ important to the exculpation of the accused, it is proper for him to ask, and for the court to grant a new trial. Even after technical acquittal, the accused may £sk for a new trial, in order to make his vindication more certain. The court has discretion always to grant or refuse a request for a new trial, subject to appeal or complaint. 219. — XIV. If, in the prosecution of an appeal, new testi- mony be offered, which, in the Judgment of the appellate court, has an important bearing on the case, it shall be competent for that court to refer the cause to the inferior court for a new trial ; or, with the consent of parties, to take the testimony and proceed with the cause. In case a new trial is ordered, the recorded evi- dence taken in the first trial is valid evidence, if the new trial is ordered simply that new evidence may be taken and considered. If the new evidence is 220 Chap. X., Par. 1. 221 available before the reviewing court, it would save time for that court to take the new evidence and render decision and sentence as if the court of first resort; but this cannot be done if either party objects. At the same time this court has discre- tion to decide the case without sending it back for a new trial or taking the new evidence either ; for without such discretion it would be possible to delay a final decision indefinitely. CHAPTEE X. Of the Infliction of Church Censures. After a preliminary paragraph on the use of the different kinds of censure, and one on the spirit that should actuate the court in inflicting them, a paragraph on each censure follows: admonition, definite suspension, indefinite suspension, excom- munication, and deposition. 220. — I Ecclesiastical censures ought to be suited to the nature of the offence; for private offences, censures should be administered in the presence of the court alone, or privately, by one or more members on its behalf; but for public offences, censures should be administered in open session, or publicly announced to the church. When there are peculiar and special reasons, the court may visit public offences, not very gross in their character, with private admonition, or with definite sus- pension in private; but the censure of indefinite suspension should ordinarily be announced to the church; whilst those of excommunication and deposition should be either adminis- tered before the church, or else announced to it, at the discre- tion of the court. Admonition for private offences must be adminis- tered either by a committee in private, or before 222 Chap. X., Pars. 2, 3, 4, 5. 221-224 the court in private session ; all other censures must be administered in the presence of the court, but whether in open or private session is within the discretion of the court. Any censure, except private admonition, administered in private session, may be announced to the church (or Church, in the case of Ministers), and excommunication and dis- position must be. 221. — II. When any member or officer of the Church shall be guili^y of a fault deservmg censure, the court shall pro- ceed with all tenderness, and shall deal with the offending brother in the spirit of meekness, the members considering themselves, lest they also be tempted. (Cf. 172. 222. — III. The censure of admonition ought to be adminis- tered in private, by one or more members, in behalf of the court, when the offence is not aggravated, and is known only to a few. When the scandal is public, the admonition sha'l be administered by the Moderator in the presence of the court, and ordinarily shall also be announced in public. If administered in public, that is announcement in public. 223. — IV. Definite supension being an exemplary censure, ought ordinarily to be either administered in open session, or announced to the church. "Ordinarily" leaves the court discretion. The an- nouncement is to be made in such way and by such agent as the court may order. 224. — v. The censure of indefinite suspension ought to be inflicted with great solemnit5^ that it may be the means of im- pressing the mind of the delinquent with a proper sense of his danger, while he stands excluded from the sacraments of the Church of the living God, and that with the divine blessing, it may lead him to repentance. When the court has resolved to pass this sentence, the Moderator shall address the offending brother to the following purpose : "Whereas, You, A. B. (here describe the person as a Min- 225 Chap. X., Pars. 5, 6. 223 ister, Ruling Elder, Deacon, or private member of the Church), are convicted by sufficient proof [or, are guilty by your own con- fession ], of the sin of (here insert the offence), we, the Pres- bytery [or church Session] of C. D., in the name and by the authority of the Lord Jesus Christ, do now declare you sus- pended from the sacraments of the Church [and from the exer- cise of your office], until you give satisfactory evidence of re- pentance." To this shall be added such advice or admonition as shall be judged necessary, and the whole shall be concluded with prayer to Almighty God that he would follow this act of disci- pline with his blessing. The language " when the court has resolved to pass this sentence," must be taken as equivalent to "when the sentence has been passed" (cf. 225) ; and this and all other censures are to be adminis- tered at such time and place as the court may de- signate, and in such terms as the court has ordered. The "and" in the parenthesis "and from the ex- ercise of your office," must be taken as equiva- lent to "or" also, since an officer may be sus- pended from office without being suspended from sealing ordinances. 225. — VI. When the sentence of excommunication has been regularly passed, the Moderator of the Session shall make a public statement before the church of the several steps which have been taken with respect to the offending brother, and in- form them that it has been found necessary to cut him off from the communion of the Church, He shall then show the au- thority of the Church to cast out unworthy members, from Matt, xviii. 15-18 and 1 Cor. v. 1-5, and shall explain tho nature, use and consequence of this censure, warning the peo- ple, that they are to conduct themselves, in all their intercourse with him, as is proper toward one who is under the heaviest censure of the Church, lie shall then pronounce sentence to the following effect : " Wheeeas, a. B., a member of this church, has been, by sufficient proof, convicted of the sin of , and after much admonition and prayer, obstinately refuses to hear the Church, and has manifested no evidence of repentance : Therefore, in 224 Chap. X., Par. 7. 226 the name and by the authority of the Lord Jesus Christ, we, the Session of the church of C. D., do pronounce him to be ex- cluded from the sacraments, and cut off from the fellowship of the Church." After which prayer shall be made that the blessing of God may follow his ordinance, for the conviction and reformation of the excommunicated, and for the establishment of all true believers. For the excommunication of a Minister, see 226. Notwithstanding the language here used assumes that no one will be excommunicated who confesses his fault, yet, unless repentance accompany con- fession, the court may excommunicate ; but no one is to be excommunicated who manifests repentance. 226. — VII. The sentence of deposition shall be pronounced by the Moderator in words of the following import : "Whereas, A. B., a Minister of this Presbytery [or a Ruling Elder or Deacon of this Church], has been proved, by sufficient evidence, to be guilty of the sin of , we, the Presbytery [or church Session] of C. D., do adjudge him totally disqualified for the office of the Christian ministry [or Eldership or Deaconship], and therefore we do hereby, in the name and by the authority of the Lord Jesus Christ, depose from the office of a Christian Minister [or Elder, or Deacon], the said A, B., and do prohibit him from exercising any of the functions thereof." If the sentence include suspension or excommunication, the Moderator shall proceed to say: "We do moreover, by the same authority, suspend the said A. B. from the sacraments of the Church, until he shall exhibit satisfactory evidence of sin- cere repentance," or "exclude the said A. B. from the sacra- ments, and cut him off from the fellowship of the Church., The sentence of deposition ought to be inflicted with solem- nities similar to those already prescribed in the case of excom- munication. Notwithstanding the literal implication of the language here used, an officer may be deposed upon his own confession, and even when he manifests repentance (202), but he may not be excommuni- cated if he manifests repentance. 226 Chap. XI. 225 It may be in place here to add the following ob- servations : 1. The censure is always to be inflicted by the court having original jurisdiction. If the Presby- tery takes the place of the Session, then the Pres- bytery is, for that case, the court having original jurisdiction. If it should be that the court, whose duty it is to inflict the sentence, does not approve the sentence, it is bound to obey the court render- ing the final decision ; but it may disclaim its own approval of the sentence even when inflicting it. 2. The court may appoint any member to act as Moderator of the court in administering censure, if the Moderator desires it ; but if one finds himself required as Moderator to pronounce a sentence that he does not himself approve, he may disclaim his approval. 3. A sentence is inflicted when formally pro- nounced, whether the condemned person is present or not. 4. No sentence ought to be inflicted until after the time within which notice of an appeal can be given (258). 5. The sentence takes effect from its passage (subject to 258), whether it is ever formally in- flicted or not, the formal infliction being a means of grace in addition to the real sentence itself. CHAPTEE XI. Of the Kemoval of Censures. The censure of admonition not affecting one's standing, and the censure of definite suspension 15 226 Chap. XI., Pars. 1, 2. 227, 228 terminating without further action at the time set, nothing is said in this chapter concerning the re- moval of these two censures. Paragraph 1 points out how the rulers of the church should deal with one suspended from the sacraments; and para- graph 2, how the court should proceed in restoring a suspended ofiender. Paragraph 3 treats of the restoration of an excommunicated offender; and paragraph 4, of one deposed. Special regulations are given in paragraph 5 concerning Elders and Deacons restored after deposition ; in paragraph 6, concerning the restoration of offenders who have removed beyond the reach of the court ; and in paragraph 7, concerning the restoration of a de- posed Minister. 227. — I. After any person has been suspended from the sacraments, it is proper that the rulers of the church should frequently converse with him, as well as pray with him and for him, that it would please God to give him repentance. Whether a suspended offender is going to be re- stored or excommunicated is a pending question, and never should the status of suspension be con- sidered permanent. He is not yet cut off. 228. —II. When the court shall be satisfied as to the reality of the repentance of a suspended offender, he shall be admitted to profess his repentance, either in the presence of the court alone, or publicly, and be restored to the sacraments of the Church, and to his oflice, if such be the judgment of the court, which restoration shall be declared to the penitent in words of the following import: " Wheeeas, You, A. B., have been debarred from the sacraments of the Church [and from the office of the gospel Ministry, or Eldership, or Deaconship], but have now mani- fested such repentance as satisfies the Church, we, the Session (or Presbytery) of C. D., do hereby, in the name and by the authority of the Lord Jesus Christ, absolve you from the said sentence of suspension, and do restore you to the full enjoy- 229 Chap. XI., Par. 3. 227 ment of sealing ordinances [and the exercise of your said office, and all the functions thereof]." After which there shall be prayer and thanksgiving. The court is not obliged to restore upon satis- factory repentance, since, in some cases, continu- ance of suspension may be necessary to remove all scandal; nor is restoration to office obliged to accompany restoration to the sacraments. The " and " at the beginning of each set of brackets must be interpreted as equivalent to *'or" also. Cf. remarks on 224. 229. — III. When an excommunicated person shall be so affected with his state as to be brought to repentance, and to desire to be readmitted to the communion of the Church, the Session, having obtained sufficient evidence of his sincere re- pentance, shall proceed to restore him. In order to which, the presiding Minister shall inform the church of the measures which have been taken with the excommunicated person, and of the resolution of the Session to restore him . On the day appointed for his restoration, the Minister shall call upon the excommunicated person, and propose to him in the presence of the congregation the following questions: "Do you, from a deep sense of your great wickedness, freely confess your sin in thus rebelling against God, and in refusing to hear his Church; and do you acknowledge that you have been in justice and mercy cut off from the communion of the Church? Anfucef.—I do. Do you now voluntarily pro- fess your sincere repentance and contrition for your sin and obstinacy; and do you humbly ask the forgiveness of God and his Church? Answer. — I do. Do you sincerely promise, through divine grace, to live in all humbleness of mind and circumspection; and to endeavor to adorn the doctrine of God our Saviour, by having your conversation as becometh the gospel? Ansirer. — I do." Here the minister shall give the penitent a suitable exhorta- tion, encouraging and comforting him. Then he shall pro- nounce the sentence of restoration in the following words : " Wheeeas, You, A, B., have been shut out from the com- munion of the Church, but have now manifested such repent- ance as satisfies the Church ; in the name of the Lord Jesus Christ, and by his authority, we, the Session of this church, do 228 Chap. XI., Par. 3. 229 declare you absolved from the sentence of excommunication formerly denounced against you ; and we do restore you to the communion of the Church, that you may be a partaker of all the benefits of the Lord Jesus to your eternal salvation." The whole shall be concluded with prayer and thanksgiving. Here again it is to be noted that restoration is not necessarily to follow immediately after satis- factory evidence of repentance. (Remark under 228.) The presence of the offender in the congre- gation is not indispensable, in such a sense that he could not be restored while unable to attend ; but in that case it should be certified to the church publicly that the offender is not able to be present and that he has given the right answers to these questions. It is noteworthy that a suspended member is spoken of as suspended (224) or debarred (228) from the sacraments of the Church, and an excom- municated person as cut off from the communion of the Church (225, 229). The suspended offender is still a member of the Church, participating in the communion of life a ad sympathy of the brother- hood as one of them, while excluded from the sac- raments for the time by way of reproof and in hope of his restoration ; but the excommunicated mem- ber is no longer a member of the Church. Ought he, then, to be baptized at his restoration ? By no means ; since his baptism at first did not make him a member, but only recognized his membership (paragraph 3, remarks); and the sin that has un- made him a member, ceasing with repentance, ceases to effect this result. One does not shake off the obligations of membership by being excom- municated, but does definitely lose all its privi- leges. The suspended loses them tentatively. 230-232 Chap. XI., Pars. 4, 5, 6. 229 230. — IV. The restoration of a deposed officer, after public confession has been made in a manner similar to that pre- scribed in the case of the removal of censure from an excom- municated person, shall be announced to him in the following form, viz. : "Whekeas, You, A. B., formerly a Minister of this Pres- bytery [or a Ruling Elder or Deacon of this church], have been deposed from your ofiice, but have now manifested such re- pentance as satisfies the Church; in the name of the Lord Jesus Christ, and by his authority, we, the Presbytery of C. D. [or the Session of this church], do declare you absolved from the said sentence of deposition formerly pronounced against you; and we furthermore restore you to your said office and to the exercise of all the functions thereof, whenever you may be orderly called thereunto." After which there shall be prayer and thanksgiving, and the members of the court shall extend to him the right hand of fellowship. If an officer is restored to the communion and to office at the same time, then it would be proper to pronounce first the sentence of restoration at the end of 229, and then this sentence of restora- tion at the end of 230. An officer does not need to be reordained at his restoration, the act of restoration being itself the undoing of the deposition. 231.— V. When an Elder or Deacon has been absolved from the censure of deposition, he cannot be allowed to resume the exercise of his office in the church without re-election by the people. But when absolved from suspension from office, re-election of a Euling Elder or Deacon, or of a Pastor w^hose pastoral relation was not dissolved, is not necessary. When re-election is necessary, then also is reinstallation. 232.— VI. When a person under censure shall remove to a part of the country remote from the court by which he was sentenced, and shall desire to profess repentance and obtain restoration, it shall be lawful for the court, if it deems it ex- 230 Chap. XI., Pars. 6, 7. 233 pedient, to transmit a certified copy of its proceedings to the Session (or Presbytery) where the delinquent resides, which shall take up the case and proceed with it as though it had originated with itself. In other words, a member or officer under cen- sure may be dismissed from one court to another, his exact standing, and the reasons therefor being certified ; but the court dismissing a deposed Min- ister must certify its consent to his restoration. (Par. 203.) 233. — VII. In proceeding to restore a suspended or deposed Minister, it is the duty of the Presbytery to exercise great caution: first admitting him to the sacraments, if he has been debarred from the same; afterwards granting him the privilege of preaching for a season on probation, so as to test the sin- cerity of his repentance and the prospect of his usefulness; and finally restoring him to his office. But the case shall al- ways be suhjudice until the sentence of restoration has been pronounced. This, of course, does not apply to suspension without censure. Some observations are here added touching the removal of censures. 1. The court that acts in the removal of censure is not a court representing the Church as a judge, nor as an accuser, but rather as a parent. Hence, all the members of the court not under censure have voice and vote therein. 2. The court cannot remove a censure with- out repentance on the part of the offender. But if the Church should come to believe that she had erred in the sentence of censure, how can she rectify her wrong? By a new trial in the court of first resort, if new evidence has been discovered; and by reconsideration in the court that passed the final sentence. 234 Chap. XII., Par. 1. 231 3. The censure is not removed until the sentence of removal has been pronounced, after being or- dered by the court. CHAPTEE XII. Of Cases Without Process. These are not acts of technical discipline, as there is no judicial prosecution; and yet there is one part of process whenever a judgment of cen- sure is rendered. Process is a means of determin- ing whether to use censure, and may be dispensed with when not needed for this end. Four cases are here enumerated: confession of guilt; confession of an unrcgenerate heart; confes- sion of a lack of a call to office ; and renunciation of the communion of the Church. 234. — I. When any person shall come forward and make his offence known to the court, a full statement of the facts shall be recorded, and judgment rendered without process. It is essential that the person intends to confess and permit the court to render judgment without process. Statements made by him in the presence of the court must not be taken as the basis of judgment without process except by his consent; for that would be to deprive him of his right. And the full statement of facts should be approved by him as correct before the court proceeds to render judgment. Against the judgment rendered the person condemned may complain. Of course, the words " any person " must be interpreted as mean- 232 Chap. XII., Par. 2. 235 ing any person subject to judicial prosecution be- fore the particular court. 235. — II. When a communicating member shall confess be- fore the church Session an unregenerate heart, and there is no evidence of other offence, the court may transfer his name to the roll of non-communicating members, and he shall be faith- fully warned of his guilt in disobeying the gospel, and encour- aged to seek the redemption freely offered in Christ; and a statement of the case shall be made to the church. But this action shall not be taken until the church Session has ascer- tained, after mature inquiry and due delay, that this confes- sion does not result from Satanic temptation or transient darkness of spirit. This rule, however, shall not be applied to those who wilfully absent themselves from the Lord's table, which is always an offence. It is fundamental to the interpretation of this par- agraph to remember that '' communicating mem- ber" does not mean merely a member that really communicates or partakes of the Lord's supper, but any member whose name is on the roll of those that have been admitted to the Lord's sup- per, whether he communicates or not, therefore in- cludes those who habitually absent themselves from the Lord's supper. It is manifest that an un- regenerate heart is an offence in this case ; for it is something in principle and practice contrary to the Word of God, is something contrary to the Word cf God as interpreted in the standards, and is some- thing in the principles or practice of a church mem- ber professing faith in Christ. For up to this con- fession of an unregenerate heart, the member was professing faith in Christ, the confession on which ho was admitted to the communion of the Church still continuing until by this confession withdrawn. But if there is no evidence of other offence, the court may transfer his name to the roll of non-communi- 235 Chap. XII., Par. 2. 233 eating members. This is not admonition, for ad- monition is to be added to this, and mere admoni- tion would not affect his standing or status as a member. It is not suspension, for that does not transfer his name from the roll of communicating members. It is not excommunication, for it is not for "gross crime or heresy, when the offender shows himself incorrigible and contumacious." But it is essentially suspension, since it does, like suspension, exclude from the sacraments. It is censure, but it is unique. It is the Church putting back one of its children under that censure under which she holds all of them that have come to years of discretion, at the same time with the ac- knowledgment that the Church's sole reason for this action is a confessed unregenerate heart. Suspen- sion tentatively, and excommunication permanently, puts the offender under the same censure, but upon other grounds. A statement of the case shall be made to the church. If one is not willing to have this state- ment made, he is not willing to confess ffar enough to preserve the Church from scandal at his absent- insj himself from the Lord's table. He is still willing to remain in a false light to some. Since one may be led to make this confession, either by some extraordinary temptation of Satan, or by disease, when one is yet really regenerate. Sessions are to take due time and caution before acting lest they countenance a sinful disclaimer of that faith which one really has, or their action may make to the hurt of one already wounded. "This rule" must mean the rule stated in the first sentence of the paragraph of which the 234 Chap. XII., Par. 2. 235 second sentence is simply a modification. The "however" refers to the second sentence, and im- plies that, however completely absent may be all evidence of special Satanic temptation, or tran- sient darkness of spirit, still this transfer is not to be made upon confession of an unregenerate heart, in any case where the party wilfully absents him- self from the Lord's table. This is always an of- fence, and hence it is "other offence" than simply an unregenerate heart. If the absence from the Lord's table appears to be due to scruples growing out of uncertainty as to the person's right to com- municate, to be reluctant rather than wilful, then it is not to be considered an offence, and does not stand in the way of this transfer. And the Session is not bound to transfer, even when there is no evi- dence of other offence, and no "Satanic tempta- tion or temporary darkness of spirit," The rule is not intended for any but those wdio, otherwise ex- emplary in their behavior, are, from a sense of their sin in not accepting Christ, constrained to deny themselves the privilege of communicating, and will be most likely won in this way. If there are other offences, regular suspension or excom- munication should be the censure used, and one of these may be used even when there is no evidence of other offence. Whenever one makes this confes- sion, the Session has a confession of an offence, a special case under paragraph 1 ; and the transfer, suspension, or excommunication must follow, after due delay, unless the court remains in doubt whether the confession proceeds from mistake. This is not a convenient way for the disobedient or dissatisfied to free themselves from the obliga- 236 Chap. XII. Par. 3. 235 tions of church membership. This cannot be done. Their vows and covenants are between them and Christ, and there is no release from them in any way or at any time whatever. There is no way to get out of the Church ; for even the excommuni- cated are still members. They are members ex- cluded from the communion of the Church, but with the ligament of obligation still uncut. 236. — III. A Minister of the gospel, against whom there are no charges, if fully satisfied in his own conscience that God has not called him to the ministry, or if he has satisfactory evidence of his inability to serve the Church with acceptance, may report these facts at a stated meeting. At the next stated meeting, if after full deliberation the Presbytery shall concur with him in Judgment, it may divest him of his office without censure, and shall assign him membership in some particular church. This provision shall in like manner apply, mutatis mutandis, to the case of Ruling Elders and Deacons ; but in all such cases the Session of the church to which the Elder or Deacon who seeks demission belongs shall act as the Presby- tery acts in similar cases where a Minister is concerned. This provision for demission of office makes mani- fest that ordination does not put one, or recognize one as being, in an unchangeable status or in a fixed relation of obligation or dignity. Ordination is not an indelible mark. Therefore, if one divested of his office should be again put into the same office, it would be proper to ordain him again. To divest of office, as here provided, is not the same as to dissolve official relations, as provided in 113 and 128. An officer whose official relations to a particular church are dissolved is still in the office in relation to the Church generally ; but one divested of his office has henceforth no official rela- tion, either to a particular church or to the Church generally. Hence the court may divest without consulting the particular church. 236 Chap. XII., Par. 4. 237 Three elements should concur in a call to the office, the man's inward conviction, the acceptance of him by the people, and the approval of the court. When one or both of the first two ele- ments seem to be lacking, then the man himself or the court (205) may raise the question whether the man is really called of God ; but if he requests the action, the court divests by a majority vote, whereas, if the court proceeds against his will, it requires a two-thirds vote to divest (205). 237. — IV. When a member or officer shall renounce the communion of this Church by Joining some other evangelical Church, if in good standing, the irregularity shall be recorded, and his name erased. But if charges are pending against him, they shall be communicated to the church which he has Joined. If the denomination be heretical, an officer shall have his name stricken from the roll, and all authority to exercise his office derived from this Church shall be withdrawn from him ; but a private member shall not be otherwise noticed than as above prescribed. This Church is a distinct ''communion" in the sense that all its members have a certain com- munion with one another that they do not have with members of other denominations; but it is not out of communion with all other denominations in a broader sense. When, then, a member of this communion joins another communion he passes out of this communion, in the special sense in which the word is used here. The regular way of doing this is by obtaining testimonials for that purpose from the proper authorities of this Church (Chap. XV.); and if done without first obtaining such testimonials, it is an irregularity, and an ir- regularity so serious as to receive here the epithet of renouncing the communion of this Church. 238 Chap. XIII., Par. 1. 237 In all cases, the fact is to be recorded and the name erased from our rolls. If charges are pend- ing against him, they shall be communicated to the church or Church to which the renouncing mem- ber has gone. If he is an officer and that denomi- nation is heretical, all authority to exercise his office shall be withdrawn, whether there are any charges to communicate or not. Charges are "pending," if they have been already presented to the proper court before information of the renuncia- tion, and had not been finally disposed of ; and charges may be considered as "pending" if already known, although no formal notice had been taken of them. CHAPTEK XIII. Of the Modes in Which a Cause May be Carried FROM A Lower to a Higher Court. A cause is not necessarily a case of judicial pro- cedure. The chapter begins by defining the scope and modes of review by higher courts, and the right of members of the inferior court to sit as members of the higher court. Then the body of the chapter falls into four sections, one on each of the four ways in which causes may be carried up. 238.— I. Every decision which is made by any church court, except the highest, is subject to the review of a superior court, and may be brought before it by general review and control, reference, appeal, or complaint. There is always some way to bring into a higher court whatever has been done or neglected by an inferior court, so that everything is done by the 238 Chap. XIII., Par. 2; Sec. I. 239 whole Church through the court whose action is permitted to stand as final; for every action of a court is either the action of the Church in the General Assembly, or may be brought there for approval or disapproval. 239. — II. When a matter is transferred in any of these ways from an inferior to a superior court, the members of the the inferior court shall not lose their right to sit, deliberate, and vote in the ease in the higher courts, except that either of the original parties may challenge the right of any member of the inferior court to sit, which question shall be decided by the vote of allthose members of the superior court who are not members of the inferior. The only ground on which such a challenge can base itself is that the persons challenged are them- selves a party, or for some other reason are inca- pacitated to be considered judicially competent. But even in the case of process against an inferior court, the members of that court are not parties, but only the court in the person or persons of its representatives appointed to appear for it in the case. Section I. — Of General Review and Control. The first four paragraphs, having to do with the review of the records, define the obligation of the inferior court to send up its records ; what ques- tions the higher court is to ask in its examination of the records ; what action the higher court shall take by way of correction ; and what limitation is put to its power of revision. The fifth paragraph asserts the power of the reviewing court to go out- side of the records. And the two remaining sec- tions treat of process against a court, the last par- ticularly prescribing the rules of such process after the citation. 240-'41 Chap. XIII., Sec. I., Pars. 1, 2. 239 240. — I. It is the duty of every court above a churcn Ses- sion, at least once a year, to review the records of the proceed- ings of the courts next below. The Assembly reviews the records of each of the Synods; each Synod, the records of each of its Presbyteries ; and each Presbytery, the records of the Session of each of its churches. And if any lower court shall omit to send up its records fo this purpose, the higher court may issue an order to produce them, either immediately, or at a particular time, as circum stances may require. Incidentally, this assumes that a superior court may order the court next below it to convene at any time and place. 241. — II. In reviewing the i-ecords of an inferior court, it is proper to examine: First, Whether the proceedings have been constitutional and regular; Secondly, Whether they have been wise, equitable, and for the edification of the Church; Thirdly, Whether they have been correctly recorded; Fourthly, Whe- ther the lawful injunctions of the superior courts have been obeyed. While practically the superior court must usually make this examination through committees, these committees should be so selected that they will be superior in wisdom in each case to the court whose records they are to review. An act may be constitutional in the main, but have been taken in disregard of certain regulations of the Constitution ; irregular, then, means uncon- stitutional in a minor sense, that is, contrary to less important requirements of the Constitution. In all cases of unconstitutionality the fact is to be re- corded in the review, even if the superior court should itself be persuaded that the more funda- mental principles of the Constitution required the 240 Chap. XIII., Sec. I., Par. B. 242 action in contravention of its subordinate regula- tions. But even actions that are constitutional, that is, that are by the Constitution put in the dis- cretion of the court, may not be advisable. When, therefore, an action is found to be constitutional and regular, it remains to inquire whether it is wise, and especially whether it is equitable ; for foolish regularity and unjust constitutionality are prejudicial to the true edification of the Church. An action which is unobjectionable may not be correctly recorded; and this should always be noted, with an intelligible explanation of what the correct record would be. And the court may have done nothing objectionable, but may have omitted to obey lawful injunctions; and such neglect of obedience should never be passed over in silence by the superior court. It is important, indeed, that superior courts abstain from commanding, except where they have authority and reason for enjoining; but when they lay an injunction they should see that it is obeyed ; otherwise, the unity and efficient working of the Church are impaired. The feeling that the thorough examination and criticisim of the records of lower courts is merely perfunctory, a thing to be committed to such mem- bers of the superior court as may not be wise enough to take in hand more serious matters, must work great loss ; and, on the other hand, thorough- ness and wisdom here, without hyper criticism, of course, would be a great help to lower courts and a great gain to the harmonious and successful working of our system. 242. — III. In most cases the superior court may be consid- ered as fulfilling its duty by simply recording on its own minutes 243, 244 Chap. XIII., Sec. I., Pars. 4, 5. 241 the approval, the correction of proceedings, or the censure which it may think proper to pass on the records under re- view ; and also by making an entry of the same in the book reviewed. But should any irregular proceedings be found, such as demand the interference of the superior court, the in- ferior court may be required to review and correct them. The action of an inferior court that is constitu- tional, however unwise, the inferior court cannot be required to review and correct, unless such action is brought before the superior court in some other way than by general review and control; but the superior court may record its disapproval. Disobedience to lawful injunctions of higher courts is irregular or unconstitutional. 243. — IV. In cases of process, however, no judgment of an inferior court shall be reversed unless it be regularly brought up by appeal or complaint. However unconstitutional the judgment may be, the superior court cannot reverse it (or annul it) under general review and control, though it may censure such judgment and even institute process against the inferior court on the ground of it. (245.) If, however, the case is coming before the review- ing court by appeal or complaint, no opinion should be expressed on the case in its general review. 244. —V. Courts may sometimes entirely neglect to per- form their duty, by which neglect heretical opinions or corrupt practices may be allowed to gain ground; or offenders of a very gross character may be suffered to escape ; or some cir- cumstances in their proceedings of very great irregularity may not be distinctly recorded by them ; in any of which cases their records will by no means exhibit to the superior court a full view of their proceedings. If, therefore, the next superior court be well advised that anj- such neglect or irregularity has occurred on the part of the inferior court, it is incumbent on it to take cognizance of the same, and to examine, deliberate and 242 Chap. XIII., Sec. I., Par. 6 245 judge in the whole matter as completely as if it had been re- corded, and thus brought up by the review of the records. That is, in reviewing the proceedings of an infe- rior court, the superior court, proceeding upon sufficient evidence outside of the records, may re- cord in its own and the inferior court's records, or send down to the inferior court, such corrections, censures and orders as if the full evidence had been in the records. 245.— YI. When any court having appellate jurisdiction shall be advised, either by the records of the court next below, or by memorial, either with or without protest, or by any other satisfactory method, of any important delinquency or grossly unconstitutional proceedings of such court, the first step shall be to cite the court alleged to have offended to ap- pear by representative or in writing, at a specified time and place, and to show what it has done or failed to do in the case in question. The court thus issuing the citation may reverse or redress the proceedings of the court below in other than judicial cases; or it may censure the delinquent court; or it may remit the whole matter to the delinquent court, with an injunction to take it up and dispose of it in a constitutional manner; or it may stay all further proceedings in the case, as circumstances may require. In the exercise of general review and control the superior court may go so far as to enter upon the records of the inferior court a censure of the re- cords (but not of the court), or send to the inferior court an order to review and redress irregular pro- ceedings; but in the exercise of its jurisdiction by process the superior court may censure the in- ferior court (and not its records merely), and may itself reverse and redress the proceedings (in other than judicial cases) instead of ordering the inferior court to reconsider and correct them. But the superior court is not obliged to redress wrongs by its own action ; it may order the court to do so, 346 Chap. XIII., Sec. I., Par. 7, Sec. II. 243 or to stop a wrong proceeding. And, of course, the result of process against an inferior court may be its acquital altogether. Three things should be borne in mind concerning the power of a superior court to try a next inferior court : first, the infe- rior court cannot be tried for its action as a court in deciding or conducting a judicial case, since Judicial cases can come before the higher court only by reference, appeal or complaint ; the lower court may be censured, but not its members, since the individual cannot be tried except in the court having original jurisdiction over him ; and no in- ferior court may be censured except after convic- tion on regular trial, any more than an individual. 246 — VII. In process against an inferior court, the trial shall be conducted according to the rules provided for process against individuals, so far as they may be practicable. Of the rules in Chap. YI., 173-78 are superseded by 245 ; 179 and 180 are not applicable, nor 191 ; and instead of 190 it lies in the nature of the case that the accused court must be represented by one or more persons appointed by itself or, in case of its failure to answer citation, by the superior court, and said counsel must have membership in one or both the courts. The general rules of evidence will be the same as in the trial of individuals. Section II. — Of References. The first paragraph defines reference, and the second paragraph states what are proper subjects of reference; the third paragraph prescribes the objects of references, and the fourth the effect of references upon the cases referred ; the fifth para- graph discourages the resort to references; the 16 244 Chap. XIII., Sec. II., Pars. 1, 2, 3. 247-'49 sixth gives liberty of abstaining from action to the superior court, and the seventh limits the right of referring to any but to the next highest court ; and the eighth paragraph requires proper records to be sent up. 247. — I. A reference is a representation of a matter not yet decided, made by an inferior to a superior court, which repre- sentation ought always to be in writing. Cf. 77 : 2. A matter decided goes to the superior court in the regular records sent up for general review, and may also be brought there by appeal or complaint; but the court itseJf, instead of making a decision, may refer the question. This applies also to judicial cases, and the court may refer without consent of parties; but the parties must be heard in the superior court just as in the inferior court on the same question. 248. — II. Cases which are new, important, difficult or of peculiar delicacy, the decision of which may establish princi- ples or precedents of extensive influence; on which the senti- ments of the inferior court are greatly divided ; or on which for any reason it is desirable that a superior court should first decide, are proper subjects of reference. It would be within the discretion of the superior court to decline to entertain a reference on the ground that it was not a proper case. 249. — III. References are either for mere advice, prepara- tory to a decision by the inferior court, or for ultimate decision by the superior court. And the inferior court should always distinctly state its desire, whether for advice, merely, or for an ultimate decision. If the reference asks for advice only, the superior court cannot make an ultimate decision. S50-'54 Chap. XIII., Sec.il, Pars. 4, 5, 6, 7, 8. 245 250. —IV. In the former case the reference only suspends the decision of the court from which it comes ; in the latter, it submits the whole case to the final judgment of the superior court. 251. — V. Although references may, in some cases, be proper, yet it is generally conducive to the good of the Church that every court should fulfil its duty by exercising its judg- ment. A tiling should be done by the appropriate organ ; and only when the special distribution of powers among the courts adopted in the Form of Govern- ment seems really to put a work upon an unlit organ, ought references to be resorted to. 252. — VI. A reference ought, generally, to procure advice from the superior court, yet that court is not bound to give a final judgment, but may remit the whole case, either with or without advice, to the court by which it was referred. The superior is not bound to give a final judgment, even when the reference asks for it. 253. — VII. References by any court are to be made to the court immediately superior. But the court to which a reference has come may refer the same question to the court next above it ; but it may not ask the court above it to do more than it was itself asked to do ; a court, for instance, asked for advice, cannot ask a superior court for an ultimate decision. 254. — VIII. When a court makes a reference, it ought to have all the testimony and other documents duly prepared, produced, and in perfect readiness, so that the superior court may be able to fully consider and issue the case with as little difiiculty and delay as possible. The inferior court may decide at any stage of its own consideration to make a reference ; and all the testimony, etc., up to that stage should be put in 246 Chap. XIII., Sec. III., Par. 1. 255 perfect readiness for the superior court. Mani- festly, it is not contemplated that a judicial case will be referred before the evidence has all been taken ; and yet this is not forbidden,, since the very dffi- 3ulty might hang around questions as to the taking and admission of evidence. Section III. — Of Appeals. Six paragraphs regulate the taking of an appeal ; and the last six, the disposal of it. After defining an appeal, and the parties to whom it is permissi- ble, in the first two paragraphs, the section enum- erates the grounds upon which an appeal may be taken, in the third paragraph. And the fourth paragraph gives special regulations concerning the notice of appeal, the fifth prescribes to what court it may be taken, and the sixth controls the ap- pearance of the parties before the superior court. Then the last six paragraphs present, fipst, the order of proceedings ; second, the scope of the de- cision ; third, when an appellant is to be regarded as abandoning his appeal; fourth, what is to be done with an appellant manifesting a wrong spirit; fifth, what effect the taking of the appeal has on the force of the judgment appealed from ; and sixth, what shall be done with a court neglecting to send up the record of a case. 255. — I. An appeal is the removal of a cause already de- cided, from an inferior to a superior court, the effect of which is to arrest sentence until the matter is finally decided. It is allowable only after Jndj?ment has been rendered, and to the party against whom the decision has been rendered. Appeal differs from general review in three par- ticulars : first, it and general review cannot bring 256 Chap. XIII., Sec. III., Par. 2. 247 the same issues before the superior court; the issue is brought by express action of a party, and not as a matter in course by the records , and it does not permit the inferior court to be censured for its decision. Appeal differs from reference in two particulars : it brings to the superior court an issue already decided ; and it is a party that brings the issue, and not the court itself. The sentence appealed from cannot be pronounced until the judgement is confirmed in a higher court; that is, no one sentenced to be admonished, suspended, excommunicated or deposed, is to be admonished, suspended, excommunicated or deposed, after giv- ing notice of his intention to appeal as required in paragraph 258 ; but see paragraph 265. No one can appeal before the judgment has been made, not even after the decision has been made. (186 : 6.) In a judicial case there are always two parties, the accuser and the accused (163) ; and the deci- sion can never go against the accuser, since he is not on trial. If the decision has gone against the accused, he may appeal. No one else may ap- peal; others may complain (267). 256. — II. Those ^Yho have not submitted to a regular trial are not entitled to an appeal. If there has been no regular trial, but the court has decided without process, or if the court has dealt with the party as contumacious, he may com- plain (267), but he may not appeal. It is true that then the sentence, however unjust, is not arrested; but the Eules of Discipline assume that, while a court may err, it will more probably be right than the party that objects to its action ; and especially 248 Chap. XIII., Sec. III., Par. 3. 257 is it unlikely that a court will treat as contumaci- ous one who really was not so, or proceed without process where the objector really desired process. 257. — III. Any irregularity in the proceedings of the infe- rior court ; a refusal of reasonable indulgence to a party on trial; declining to receive important testimony; hurrying to a decision before the testimony is fully taken ; a manifestation of prejudice in the cause; and mistake or injustice in the Judg- ment, are all proper grounds of appeal. The judgment has in it the decision of guilty, and this decision may be a mistake ; and the judgment has in it the fixing of the censure, and this censure may be excessive, and therefore unjust. Such mistake or injustice must be the radical ground of appeal; but one may appeal from the judgment on account of how it was arrived at, and even without disputing its correctness or justice. Such subordi- nate grounds of appeal, or any infraction or neg- lect of the regulations laid down in the Eules of Discipline to govern judicial proceedings; a re- fusal to grant to the accused reasonable time and opportunity apart from the mere letter of such regulations (it being assumed that a court which has let process commence will grant the prosecu- tion reasonable indulgence); rejecting important testimony (and the party desiring to introduce it can always get his reasons put into the record in his notice and reasons of appeal) ; haste in reach- ing a decision, that is, the really arriving at a de- cision before hearing all the testimony ; and pre- judice, which must have been somehow manifested or it could not be assigned with propriety. But the appellant may cite what grounds he will, it be- longs to the superior court to determine the Dro- 258 Chap. XIII., Sec. III. Pars. 4, 5. 249 priety of his grounds of appeal, and of the evidence for them appearing in the record of the cause. 258. — IV. Every appellant is bound to give notice of his intention to appeal, and also to lay the reasons thereof in writ- ing before the court appealed from, either before its rising or within ten days thereafter. If this notice or these reasons be not given the court while in session, they shall be lodged with the Moderator or Clerk. The "rising" of the court is not necessarily the adjournment of all the sessions of that meeting, but the rising of the court from its work as a judicial body in the case. A court might remain in session with other business for more than ten days after ''rising" from its judicial action. However, it would often work injury to enforce this distinction, unless the attention of the party were expressly called to it at the rising of the court, so generally will the party having right to appeal understand that he has ten days from the adjournment of the court. It would be contrary to the spirit of these Eules for a superior court to refuse to hear an ap- peal for a mere technicality that was designed for good. The notice enables the court to have the record of the cause in readiness, and also, if it so desires, to change the personnel of the accuser. For the court, as judge, is not a party to the cause. The court, as appointing or accepting the prose- cutor, was the Church acting as prosecutor : and in this capacity it has the right to determine the per- sonnel of the accuser in whatever court the cause is heard. The parties, however, remain the same, only the accuser is called appellee in the superior court, and the accused is there called appellant (163). 250 Chap. XIII., Sec. III., Pars. 5, 6, 7, 8. 259-^62 259. — V. No appeal shall be carried from an inferior to any other court than the one immediately superior, without its consent. The " its " refers to " the one immediately superior "; that is, BO court can be deprived of its appellate jurisdiction without its own consent. 260.— VI. The appellant shall lodge his appeal, and the reasons of it, with the clerk of the higher court before the close of the second day of its sessions ; and the appearance of the appellant and appellee shall be either in person or by writing. The appeal and reasons must be the same as he gave notice of. The sessions must be the sessions of the meeting next after the notice of appeal is given. Both appellant and appellee are bound to appear without further notice than the original notice of appeal. 261.— VII. In taking up an appeal, after ascertaining that the appellant on his part has conducted it regularly, the first step shall be to hear "the record of the cause"; the second, to hear the parties, first the appellant, then the appellee, and the appellant shall close ; the third, to call the roll, that the members may express their opinion in the cause ; and then the vote shall be taken. Cf. 186. The vote must be according to the next paragraph. 262.— VIII. The decision may be either to confirm or reverse, in whole or in part, the judgment of the inferior court; or to remit the cause for the purpose of amending the record, should it appear to be incorrect or defective, or for a new trial. Accordingly, the vote may be first to sustain, not to sustain, or to sustain in part, the appeal; and if the appeal is sustained or sustained in part, then that is done or is to be done which the appellant asked for in his appeal. But the vote may be upon a definite motion to confirm or reverse, to remit, or to order a new trial. 263-'65 Chap. XIIL, Sec. III., Pars. 9, 10, 11. 251 263. — IX. If an appellant, after entering his appeal to a superior court, fail to prosecute it, it shall be considered as abandoned, and the Judgment appealed from shall be final. And an appellant shall be considered as abandoning his appeal if he do not appear before the appellate court by the second day of its meeting next ensuing the date of his notice of appeal, unless it shall appear that he was prevented by the providence of God from seasonably prosecuting it. Entering his appeal means giving notice. Here, again, no one should be deprived of his right to prosecute his appeal upon a technicality ; but, on the other hand, one wishing to appeal must be diligent to use the opportunity that the Church may not be unnecessarily disturbed. 264. — X. If an appellant is found to manifest a litigious or other unchristian spirit in the prosecution of his appeal, he shall be censured according to the degree of his offence. The right of appeal is not given with any other intent than that those who sincerely believe wrong has been done may bring the higher courts to pass upon the issue ; and to abuse this favor is a peculiarly censurable offence. Of course, no cen- sure for such offence can be passed except after confession' or process before the court having original jurisdiction over the offender; but the superior court before which the offence is com- mitted should call the attention of the court of first resort to the question of dealing with the offender. 265. — XI. If the infliction of the sentence of suspension, or excommunication, or deposition be arrested by appeal, the Judgment appealed from shall nevertheless be considered as in force until the appeal shall be issued. That is, one on whom such sentence has been passed, and who has arrested the pronouncing of it by his appeal, is bound to abstain from the sac- 252 Chap. XIII., Pae. 12 ; Sec. IV., Par. 1. 266-'7 laments or from the exercise of his office until the superior court passes upon his appeal ; and not to submit himself by thus abstaining would itself be an offence worthy of the highest censure, if wit- tingly committed. If one could arrest the force of a judgment, as well as the pronouncing of sent- ence, by appeal, the grossest offender could not be reached until after most hurtful delay. 266. — XII. If any court shall neglect to send up the record of the cause, especially if thereby an appellant who has pro- ceeded with regularity shall be deprived of the privilege of having his appeal seasonably tried, it shall be censured accord- ing to the circumstances of the case, and the judgment appealed from shall be suspended until the record be produced, upon which the issue can be fairly tried. The appeal itself suspends the pronouncing of sentence, and this failure of the court would sus- pend the force of the judgment, so that the accused would have the right, from this failure until the record is produced, to resume the privilege of com- municating and the exercise of his office. It is a matter of course that the delinquent court could not be censured without process against the court (245). Section IV.— 0/ Complaints. After stating the nature and effect of a complaint, and the requirement as to notice, the order of pro- ceeding is laid down, and the sphere of action per- missible to the superior court is given. There is added the rule for sending up the records. 267. — I. A complaint is a representation to a superior court against some decision of an inferior court. Any member of the Church, submitting to its authority, may complain against every species of decision, except where a party, against whom a decision has been rendered, takes an appeal against it. But 267 Chap. XIII., 8ec. IV., Par. 1. 253 the complaint shall not suspend, while pending, the effect of the decision complained of. A complaint differs from general review in these particulars: it may bring a decision made in a judi- cial case (except where an appeal is taken) as well as any other decision ; it brings the issue by ex- press action of a party, and not by the records as a matter in course ; and it does not permit the in- ferior court to be censured for its decision. It differs from reference in these particulars : it brings an issue already decided ; and it is not the court itself that brings the issue. It differs from an appeal in these particulars : an appeal may be taken only from decisions in judicial processes, but a complaint may be taken against every sort of decision (for a complaint may be taken against a decision against which an appeal may be taken, if the appeal is not taken) ; an appeal may be taken only by the party condemned on trial, including a court, but a complaint may be taken by any per- son (though never by a court) who is a member of the Church and submissive to its authority; and an appeal suspends partially the effect of the deci- sion against which it is taken, but a complaint does not suspend the effect of this decision at all. But the essential difference is this: that an appeal removes the cause to the superior court without changing the parties, but a complaint presents an issue with new parties. True, the court complained of cannot be censured, nor the complainant ; for the complaint is not a continu- ance of process, as an appeal is; and no party can be censured without process or confession. But the court, as judge, is a party. In an ap- 254 Chap. XIII., Sec. IV., Pars. 2, 3. 268-'9 peal, the court, as accuser, is a party, the appel- lee; but in a complaint, the court, as judge, is a part}', the respondent. In an appeal, the accused is a party, the accused; but in a complaint, the accused is not a party at all. Even if the person that was accused should complain, he does not appear as the accused. And that a complaint is not judicial process is evident from these two con- siderations: that no one can be censured by the issue of a complaint; and that questions that were not connected with a judicial cause may be the subjects of complaint. 268. — II. Notice of complaint shall be given in the same form and time as notice of appeal. There is the like reason that the court may send up the record in readiness, and still more that the court may appoint its representative to answer for it. 269. — III. The court against whose decision a complaint is taken shall appoint a representative to defend that decision, who shall be called the respondent. After the superior court has ascertained that the complaint is regular, its first step shall be to read the record of the ease ; its second to hear the complainant; its third to hear the respondent; its fourth to hear the complainant again, and then it shall consider and decide the case. "The record" of the case will be the same as "the record of the cause" when the complaint is against a decision in a judicial case ; but in other cases it will be so much of the records sent up for review as are needful to set the issue before the superior court. The complaint ought to specify precisely what is complained of, and, when the complaint is not against a judicial decision, what parts of the records the complainant desires to have read. 270 Chap. XIII., Sec. IV., Par. 4. 255 And such parts should be read as either party de- sires, within reasonable limits. The court, after hearing the parties, may debate the matter freely, which is not allowable in a case of process, either in the court of first resort or in the court appealed to. 270. — IV. The superior court has discretionary power either to annul any portion or the whole of the decision com- plained of, or to send it back to the inferior court for a new hearing. The superior court does not confirm the decision complained of, the notice of complaint not bringing that decision into suspense. Nor may the supe- rior court reverse the decision (in the sense in which reverse means more than annul). For in- stance, if the decision has been a decision finding guilty in a judicial case, on appeal the superior court may find the party not guilty ; but on a com- plaint the superior court can only annul the find- ing of guilty, leaving the Church simply silent on the issue. Or if the complaint is against a deci- sion of not guilty in a judicial case, the superior court could not reverse the decision on complaint; it could only annul the finding, leaving the Church silent on the issue. (A judicial case resulting in a decision of not guilty cannot be brought before a superior court on appeal.) Again, if the com- plaint is against the refusal to appoint a Minister to a certain work, a complaint cannot issue in an order from the superior court to appoint him to that work. But if the decision complained of was in a judicial case, whether the decision was guilty or not guilty, the superior court may order a new trial; and if the decision was not in a judicial case, 256 Chap. XIV., Pars. 1, 2. 271-'72 a reconsideration. Nothing is said about remitting for correction of the records, as in an appeal ; for this reason : if the amending of the records is found to be necessary, then the inferior court would always be instructed to consider the question again ; but, as an appeal transfers the case to the superior court, that court may wait for fuller re- cords before deciding the issue. 271. — V. The court against whose decision complaint is taken is bound to send up its records in the case, as herein- before provided. The provisions will be found in 189 and 240. But neglect of the court to send up the records does not permit the superior court to suspend the judg- ment complained of. A complainant is not given as much scope as an appellant. CHAPTEE XIV. Of Dissents and Protests. The four paragraphs define, first, a dissent, and then a protest, direct what shall and may be done with a protest, and determine who may join in making them. 272. — I. A dissent is a declaration on the part of one or more members of a minority in a court, expressing a different opinion from that of the majority in a particular case. A dis- sent unaccompanied with reasons shall be entered on the records of a court. A mere dissent simply records the negative vote, or the names of those who wish to be recorded as favoring the negative. And the court has no option but to let the records show this. 273-'75 Chap. XIV, Paes. 2, 3, 4. 257 273. — II. A protest is a more solemn and formal declara- tion by members of a minority, bearing their testimony against what they deem a mischievous or erroneous Judgment, and is generally accompanied with a detail of the reasons on which it is founded. A protest is a dissent in the form of a solemn tes- timony, with or without reasons. 274. — III. If a protest or dissent be couched in temperate language, and be respectful to the court, it shall be recorded; and the court may, if deemed necessary, put an answer to the protest on the records along with it. But here the matter shall end, unless the parties protesting obtain permission to withdraw their protest absolutely, or for the sake of amend- ment. The words "or dissent" are here in place to cover a protest calling itself a dissent. For only two reasons may a court refuse to record a protest: that its language is intemperate or that it is disre- spectful to the court. If the court should refuse to record a dissent or protest, there may be made a complaint against the refusal. The court may allow protestants to withdraw their protest, but is not bound to allow an amended form to be re- corded if intemperate or disrespectful. Those join- ing in a protest should take no part in framing the answer to the protest, but they may vote upon the question of allowing their own protest to be recorded. 275. — IV. None can Join in a protest against a decision of any court except those who had a right to vote in the case. Hence, in a judicial case none can protest against, or dissent from, the judgment except those who sat as judges through the case. 258 Chap. XV., Par. 1. 276 CHAPTEE XV. Of Jurisdiction. Besides what may be found on the subject before, here are gathered together the regulations for determining to what jurisdiction any member at any time belongs. The first paragraph pre- scribes the method of transfer of a member from one church to another, upon his own motion ; the second, the method of transferring a member or officer from one jurisdiction to another without his consent; the third determines to which jurisdiction a member in course of transfer belongs; the fourth orders what is to be done with disappearing mem- bers ; the fifth gives a special regulation as to the form of certificate of transfer from Presbytery to Presbytery ; and the sixth limits the force of a cer- tificate of good standing. 276. — I. When any member shall remove from one church to another, he shall produce satisfactory testimonials of his church-membership and dismission before he be admitted as a regular member of that congregation, unless the church Session has other satisfactory means of information. "Any member" includes non-communicating mem- bers and suspended members. These may be transferred from one church to another, but with the same status. For the meaning of remove from one church to another, see next paragraph. When the member asks for admission into the church to which he has come, he shall produce satisfactory testimonials of two things : his church-membership (and the testimonial should certify his status), and his dismission. He maybe admitted without such 277 Chap. XV., Par. 2. 259 testimonial, if the Session has other satisfactory evidence of his church-membership, and dismis- sion; but the Session shall not receive without evidence that the other Session has dismissed him, during the first twelve months of his change of residence, nor ever without change of residence. So much is due to the Session from whose juris- diction the transfer would take him. While this rule is plain as to members of this Church passing from church to church, its princi- ples should also be observed in receiving members from other Churches: namely, there should be no disrespectful haste in acting without the concur- rence of the other ecclesiastical authority; and, where there is no change of residence, a member from another Church in correspondence with this Church, or willing to dismiss its members to this Church, should not be received without such dis- mission. The disregard of this rule impairs the efficiency of discipline. And with this in view, no member under censure ought ever to be received without dismission from another church of this Church, or from a Church in correspondence with this Church, and not without imperative reasons from any church. 277. — II. When a church member or officer shall remove his residence beyond the bounds of the court to whose juris- diction he belongs into the bounds of another, if he shall neglect for twelve months, without satisfactory reasons given to both these courts, to transfer his ecclesiastical rela- tions, the court whose bounds he has left shall be required to transfer them. And should that court neglect this duty, the one into whose bounds he has removed shall assume juris- diction, giving due notice to the other body. 17 260 Chap. XV., Par. 2 277 Here, again, church member includes non- com- municating members, but the paragraph does not apply to suspended members or officers (see 232). The bounds of a court are, for a Presbytery, the geographical limits of its district (72), and of a church Session, the geographical limits within which persons may meet together for divine wor- ship. A member is within the bounds of a Ses- sion, if he is near enough to the usual place of worship of the church to attend its meetings for worship : and hence he may be in the bounds of two or more Sessions at the same time. And a man's residence is really within the bounds of a Presbytery, if, having a charge within its geograpi- cal district, he is near enough thereto to attend to his duties in that charge. (See remarks on 72.) One removes his residence, in the intent of this paragraph, when, though his residence remains at the same geographical point, it yet becomes by changes of environment, or connection, out of the bounds of his court. If one removes his residence out of the bounds of one court without moving it into the bounds of another court, this paragraph does not apply ; nor does this paragraph regulate transfers between this Church and any other Church. The twelve months of the paragraph must be calculated from the time of his entrance into the bounds of the court which is to be put in jurisdiction over him. Hence, the paragraph does not apply to those who do not remain as long as twelve months within one boundary. The "shall be required " is to be interpreted thus : if he shall neglect, the court shall be required by this para- graph. The requirement shall come into force 278 Chap. XV., Par. 3. 261 and applicability whenever the condition arises. And this is a duty concerning which the court has no option; to neglect it is to neglect a duty. Either court might be censured for such neglect under paragraph 245, or an order might be issued to it under 244. But there may be satisfactory reasons for not transferring. For instance, a mem- ber may retain his former ecclesiastical relation temporarily, in order to assist and encourage a weak church to which he expects soon to return; or an officer may have no work under the direction of the Presbytery into whose bounds he has come, and be expecting work elsewhere. And there may be other reasons. Especially would it seem unde- sirable to gather into one Presbytery a preponder- ance of Ministers without charge under it. But the transfer must be made, unless the reasons to the contrary are given by the person to both courts, and are satisfactory to both courts. 278. — III. Members of one church dismissed to join another shall be held to be under the jurisdiction of the Session dis- missing them till they form a regular connection with that to which they have been dismissed. The Session may dismiss to one church, or to one of several, or to one of a certian description, within or without this Church, according to the request of the member and the discretion of the Session. Since dismission is an act of the Session, the Session may refuse dismission for sufficient reasons, of which it must judge, subject to correction by a superior court. Nor can any member demand as a right, dismission to a court without having his residence in the bounds of the court, which must be another court of this Church or of a Church in 262 Chap. XV., Pars. 4, 5. 279-'80 correspondence with this Church, or, at least, of some evangelical church, and being himself not under censure or under charges. 279. — IV. If the residence of a communicating member be unknown for three years, he shall be retired upon a separate roll until he shall appear and give satisfaction, of which due record shall be made. A note should be made of the fact at the time when his residence becomes unknown to the Ses- sion, upon the records of the Session, and then, at the end of three years, the residence being still unknown, his name should be retired to a separate roll. If the residence become known before the end of the three years, this fact should be entered upon the records. He may "reappear" in writing, or through a personal messenger, or in person, to give satisfaction. His residence becoming known after the three years does not itself restore his name to the roll ; this can only be done by formal act of the Session after being made satisfied, by explanation, that there was no willing severance of connection with the Church, or by repentance, that it is safe to restore the offender. For this is a sort of tentative suspension without process. The Session has no discretion but to retire one to a separate roll after the residence has been three years unknown, whether note w^as made of the fact when the residence first became unknown or not. The very least that a Session can show of inter- est in those under its care is to know where each of them is, or to know that it does not know. 280.— V. When a Presbytery shall dismiss a Minister, Probationer or candidate, the name of the Presbytery to which he is dismissed shall be given in the certificate, and he shall 281 Chap. XV , Par. 6. 263 remain under the jurisdiction of the Presbytery dismissing him until received by the other. No one can demand as a right dismission to a Presbytery in which he is not going to reside, nor to a Presbytery not in this Church or in a Church in correspondence with this Church, or, at least, such as might be taken into such correspondence. Nor can one be dismissed to any ecclesiastical court or authority not a Presbytery, nor to more than one Presbytery at the same time. If candidates and Probationers are under the jurisdiction of the Presbytery, are they under the jurisdiction of the Session also? Yes. For they are under the jurisdiction of the Presbytery only as to whether they shall be admitted to the minis- try. At ordination, the Minister passes wholly from under the jurisdiction of the Session; and the Session should record the fact upon its minutes. 281. — YI. No certificate of dismission, from either a Session or a Presbytery shall be valid testimony of good standing for a longer period than one year, unless its earlier presentation be hindered by some providential cause ; and such certificates given to persons who have left the bounds of the Session or Presbytery granting them, shall certify the standing of such persons only to the time of their leaving those bounds. If the person to whom the certificate is granted has already left the bounds, the certificate should state when he left and his standing up to that time ; but if the certificate fails to state the time of his leaving the bounds, the effect of the certificate is the same. The point is, that a person cannot be presumed to be in good standing if he has let a whole year pass since leaving the bounds of a court, or obtaining a certificate of dismission from 264 Chap. XV. 281 it, without presenting his certificate of dismission to the court to which he comes. The certificate is, however, yahcl evidence of dismission after it ceases to be valid presumptive evidence of good standing. The court receiving him upon it after a year assumes responsibility for his standing. The principles underlying these provisions may be stated thus : 1. One is a member or officer of the Church, w^hich exercises its jurisdiction over him through the appropriate court ; and while the Church does not fix his residence, the Church does, with only limited choice to the individual, fix the court through which it exercises its jurisdiction. Mem- bers cannot arbitrarily choose the court to whose jurisdiction they will be subject. 2. Being subject to the jurisdiction of the Church, they cannot cast off that jurisdiction at will with- out sinning against the Church. And she may surrender her jurisdiction only in the way of cen- sure by excommunication or deposition, or in the way of correcting a mistake made by both her and the person, as in demission, or in the way of fra- ternal recognition of some other Church by dis- missing thereto. But no one may quit this Church without thereby violating his covenant with it, ex- cept with her consent ; nor is she permitted to give her consent, except when transferring to some other Church of Christ that can, all things consid- ered, do as well for the member. 3. Neither in dismissing to another court of this Church, nor in dismissing to another Church, ought any court to dismiss one as in good standing when, in the mind of the court, there is a strong presump- 281 Chap. TV, ^65 tion that the person asking dismission is guilty of an offence deserving censure. (And an offence may- just as truly lie in principle as in practice, in opinion as in deed.) When the strong presump- tion of guilt exists, the court should withhold dis- mission and institute process. The certificate ought to tell the truth. ANALYTICAL INDEX. fAGES. Title, 1 Dedication, 3 Preface, 5-10 Nature and aim of this work, 5-6 Knowledge of our system important, 7 Discipline possible and necessary, 7 The church a spiritual organization, Exposition of the Book of Church Order, 11-265 The standards, 11 Form of Government, 11-169 Chap. I. — Of the Doctrine of Church Government, 11-17 Par. 1. The scriptural form of government, 12 2. The Church, 12 3. Members of the visible Church, 14 4. Officers, 15 5. Courts; distinction of Church and church, . 16 6. Orders, 16 7. To what the doctrine of Presbytery is neces- sary, 17 Chap. II. — Of the Church, 17-42 Sec. I.— Of its King and Head, 18-22 8. Jesus Christ as King and Head, 18 9. His offices in the government of the Church, ... 20 10. How he has equipped the Church, 21 11. Method of his activity in the Church, 22 Sec. II.— The Visible Church Defined, 22-25 12. The unity of the Church, 23 13. Denominations, 23 14. Particular churches, 24 Sec. III. — Of the Nature and Extent of Church Power, 25-29 15. The people and church power, 25 267 268 Index. Pages. 16. Officers and church power, : 2G 17. Functions of the Church as a government, .... 27 18. Scope of the Church's work, 28 19. Divine sanction of ecclesiastical power, 29 Sec. 1 v.— Of the Particular Church, 29-3G 20. Particular church defined, 30 21. Oflicers of a particular church, 31 22. The Church Session, 31 23. Deacons and their functions. Trustees, 32 24. Ordinances of worship, 34 Prayer; praise; reading, expounding, preach- ing; baptism, the Lord's supper, public fasting and thanksgiving, catechizing, offerings, disci- pline, blessing the people. 25. Worship and the Session, 35 Sec. V. — Of the Organization of a Particular Church, . 36-42 26. Enrolling, 37 27. The church covenant 38 28. Election, etc., of Ruling Elders and Deacons, . . 41 Chap. III. — Of Church Members, 42-44 29. Infant members and baptism, 42 30. Baptized non-communicants, 43 31. Professors, 43 Chap. IV. — Of Church Officers, 44-62 Sec. I. — Of Their General Classification, 44-46 32. Extraordinary officers, 44 33. Ordinary officers, 45 34. Official titles, 46 Sec. II. — Of the Ministers of the Word, 46-54 35. Dignity and titles, 46 36. Qualifications, 48 37. Classification by functions, 49 38. The Pastor, 49 39. The teacher, 52 40. The Evangelist, 52 41. The editor, etc., 54 Sec. III. — Of the Ruling Elder, 54-59 42. Elders, 55 43. Difference of Elder and Minister, 55 Elder as moderator. Index. 269 Pages. 44. Qualifications, 56 45. Functions or duties, 57 Sec. IV.— Of the Deacon, 59-62 46. Scriptural warrant, 59 47. Duties, 59 48. Qualifications, 60 49. Report to Session, 61 50. Ruling Elders as Deacons, 61 51. Deaconesses, 62 Chap. V. — Of Church Courts, 62-121 Sec. I. — Of the Courts in General, 62-67 52. Nature of courts, 63 53. Classes of courts, 63 54. Who is moderator, 63 55. Duties and powers of the moderator, 65 Meetings extraordinary. 56. The clerk, 66 57. Meeting how opened and closed, 66 58. Expenses of attendance, 67 Sec. II. — Of the Jurisdiction of Church Courts, 68-75 59. Jurisdiction of church courts, not civil, 68 Their authority spiritual. 60. The power of church courts defined, 69-73 61. Lower and higher courts, 73 62. Spheres of the different courts defined, 73-75 Sec. III. — Of the Church Session, 75-89 63. Members of the Session, 76 Quorum of the Session. 64. Moderator in the absence of the Pastor, 77 65. Moderator when there is no Pastor, 78 66. Moderator when there are several Pastors, .... 79 67. Powers and duties of the Session, 79-87 Power of inquiry, 80; censure, 80: oversight of baptism of children, 80; receiving members, 81; dismissing, 82; over Elders and Deacons, 83 ; of examining records of Deacons, 83 ; over Sabbath-schools, 84; collections, 84; the sing- ing, 85 ; of assembling the people, 85 ; concert- ing measures, 85; concerning injunctions, 86; and representatives, 86. Congregation, 85, end. 68. Meetings, stated and special, 87 69. Records of proceedings, 88 ^70 IlSTDEX. Pages. 70. Tabular records, 70 Baptisms, admissions, non-communicants, deaths, dismissions. 71. Pra3'er at opening and close of, 89 Sec. IV.— Of the Presbyterij, 89-107 72. Members, 89 Territorial district. 73. Elder's certificate of appointment, 92 74. Quorum, 92 75. Admission of ministers, 93 76. Subscription of Ministers, 95 77. Powers and duties of Presbytery, 97-103 Concerning appeals, complaints and refer- ences, 97 ; as replacing the Session, 97 ; over candidates, 98 ; induction of ministers, 98 ; Sessions, 99 ; concerning the pastoral relation, 99; Evangelists, 100: Ministers generally, 100; injunctions, 100; erroneous opinions, 100; to visit churches, 101 ; to unite and divide churches, 101; to form and receive churches, 102; over vacant churches, 102; to concert measures, 102 ; over its churches generally, 103 ; to appoint commissioners, 103 ; and to propose measures, 103. 78. Records, 103 79. Meetings, 104 80. Corresponding members, 106 Visiting brethren. Sec. v.— Of the Synod, 107-109 81. Members, 107 82. Meetings and quorum, 107 83. Corresponding members, 107 Visiting brethren. 84. Powers and duties, 108-109 As to appeals, etc., records of Presbyteries, obedience of Presbyteries to Constitution and injunctions, new Presbyteries, Ministers in gen- eral, power over Presbyteries, Sessions and churches, to concert measures, and to propose measures, 109 85. Records, 109 Sec. VI. — Of the General AssemUy, 109-117 86. Nature and place, , • • r •. 109 IxDEX. 271 Pages 87. Meetings, 110 88. Certificates of commissioners, 110 89. Quorum, 112 90. Powers and duties, 112-116 Appeals, etc., 112; testimony against error, 112; decision of controversies, 112; advice and instruction, 113; reviewing records, 114; care of inferior courts, 114; redress disorder, 114; concerting measures, 114; new Synods, 114; agencies of evangelization, Ministers, suppress- ing contentions, organic union, 115; general su- perintendence, IIG; correspondence, 116; and in general, 116 91. Adjournment, 116 ^ec. TIT. — Of Ecclesiastical Commissions, 117-121 92. Commissions defined, 117 93. Functions, 118 Taking testimony, ordination, installation, visitation. 94. Commissions to try cases, 119 What other functions? 95. Evangelization Commissions, 120 Executive Committees, Chap. VI.— Of Church Orders, 121-166 Sec. I. — Of the Doctrine of Vocation, 121-123 96. Ordinary vocation, 122 97. Election of officers, 122 98. Agent and conditions of ordination, 123 Sec. II. — Of the Doctrine of Ordination, 123-125 Ordination and vocation distinguished. 99. Ordination is by a court, 124 100. Ordination defined, 124 101. Ordination is to a definite work, 124 Ordination and installation distinguished, . . 125 Sec. III.— Of the Election of Church Officers, 125-133 102. Manner of Electing Pastor, Ruling Elders, Dea- cons, 126 103. Moderator at an election, 126 104. Steps in the election, 127 Vote necessary to election. 105. Qualifications of voters, 128 The Session at an election. 272 Index. Pages. 106. Drawing and subscribing the call, 130 107. The form of the call, 131 108. Subscribing and certifying the call, 132 109. Commissioners to prosecute the call, 132 110. When the called belongs to another Presbytery, 132 Sec. IV. — Of the Ordination of Ruling Elders and Dea- cons, and of the Dissolution of their Offi- cial Relations, , 133-141 111. Session to appoint a day, 133 112. Acts of ordination, 133 Sermon and doctrinal statement, questions to the candidate (concerning Scripture, 134; doc- trinal standards, 135; government and disci- pline, 13G; acceptance of office, 137; the peace, etc., of the Church, 137), questions to the con- gregation, 137; laying on hands, 138; giving the right hand, 138. 113. Dissolution for unaceeptability, 139 114. Dissolution by removal, 140 115. Re-installation, 141 Sec. V. — Of the Ordination of Ministers, and the For- mation and Dissolution of the Pastoral Rela- tion, 141-156 116. Call must go through Presbytery, 142 117. Conditions antecedent to ordination, 142 Call to a Probationer, 142 118. Trials for ordination, 143-145 Place of ordination, 145 119. Proceedings at ordination, 145-150 Sermon, 145 Questions, 145-147 Installation, question 8, 147 120. Questions to church at installation, 147-149 121. Lajang on hands, 149-150 Right hand of fellowship, 150 Charges, 150 Who conduct ordination and installation, ... 150 122. Right hand of reception after installation, .... 151 123. Ordination of Evangelists, 151 124. Ordination to be in what Presbytery, 151 125. Installation of an ordained Minister, 151 126. Translating a Pastor, 152 Call to a Pastor. Index. 2Y3 Pages. 127. Call to one of a different Presbytery, 154 128. Resignation of pastoral charge, 154 Dissolution of pastoral relation, 154-156 Sec. VL — Of the Licensure of Prohationers for the Gospel Ministry, 15G-166 129. Object of licensure, 156 130. What Presbytery shall try candidates for licen- sure, 157 131. Preliminary requirements to licensure, 157 132. Examinations and trial pieces, 159-162 133. Aim and extent of the trials, 162 134. Requirements to licensure, 162 Extraordinary cases, 162-164 135. Questions at licensure, 164 136. Act and form of licensure, 164-165 137. Transfer of candidates, 165 138. Transfer of probationers, ' 166 139. Presbytery and probationers, 166 Symbols, see standards. 140. Recalling license, 166 Chap. VII. — Of the Coxstitutiox of the Presbyte- rian Church, 167-169 141. Constitution defined 167 142. Amending Book of Church Order, 168 142 a. Amending doctrinal symbols, 169 The Rules of Discipline, 170-265 Chap. I. — Of Discipline — Its Natltre, Subjects, and Ends, 171-174 143. Discipline defined, 171 144. Subjects of discipline, 171 145. Ends of discipline, 172 146. Nature of discipline, 172 Chap. II. — Of the Discipline of Non-Communicat- ing Members, 174-176 147. Parents and their children, . . . 174 148. Instruction of the children, 175 149. Admission of the children to Lord's supper, ... 175 150. Adult non-communicants 176 151. Non-communicants belong to what particular church, 176 274 Index. Chap. III. — Of Offences, 176-181 152. Offence defined, 177-180 153. Offences classified, 180 Wli}' offences are grounds of discipline, 180 154. Personal and general offences, 181 155. Private and public offences, 181 Chap. IV. — Church Censures, 181-184 15G. Censures classified, 181 157. Admonition, 182 158. Suspension, 182 159. Excommunication, 183 160. Deposition, 184 Chap. V. — Of the Parties ix Case of Process, . . . .184-191 161. Original jurisdiction, place of, 185 162. Investigation, 185-187 Instituting process, 185-187 163. The parties, 187 Accuser, prosecutor, accused, appellant, ap- pellee. 164. Form of indictment, 188 165. Means of reclamation before prosecution, 188 166. Prosecutor, voluntary or appointed, 189 167. Do. as par. 165, . . .' 189 168. From whom accusations should be received, . . . 190 169. Warning to voluntary prosecutor, 190 170. Suspension of official functions of accused, .... 191 171. Rights of accused in discussion, 191 Chap. VI. — Of General Provisions Applicable to All Cases of Process, 191-207 172. Right mind of a member of a court, 192 173. Conditions to instituting process, 193 174. Drawing indictment, citation of parties and wit- nesses, pleading, censure upon confession, . . 194-190 175. Citations, 196 176. Indictment, its contents, 197 177. Second citation, refusal to plead, contumacy, . . 197 178. Time between citation and appearance, 198 179. Appearance, taking testimony at a distance by commission, 198 180. Of offences committed outside territorial juris- diction 198 181. Serving citations, 199 Index. 275 Pages. 182. Juflicial committee, 199 183. Charge to the court, 200 184. Examination of witnesses, 200 185. Questions arising in the midst of the trial, .... 200 186. Order of trial in court of first resort, 201-205 187. Challenging the members of the court, 205 188. Disqualified for sitting as members of a court, 205 189. The record of the cause, copies to be allowed parties, judgment of higher court to be sent down, 205-206 190. Counsel, 206 191. Time within which process must be instituted, . 207 Scandal. Chap. VII. — Special Rules Pertaining to Process Before Sessions, 207-209 192. Process against church members to be entered where, 208 193. Contumacy before Session, 208 194. Excommunication of the contumacious, 209 195. Preventing the accused from the Lord's supper, 209 Chap. VIII. — Special Rules Pertaining to Process AGAINST Ministers, 210-215 196. Process against a Minister to be entered where, 210 197. Receiving charges against ivlinisters, 210 198. Conditions to instituting process against a Min- ister for a private offence, 211 199. Contumacy of a Minister, 211 200. Heresy and schism, 212 201. Scandal— acts of infirmity, 212 202. Censure upon confession of flagitious offences, . 213 203. Restoration of a deposed Minister, 213 204. The pastoral relation of a Minister deposed or suspended, 214 205. Breach of covenant engagements by Minister — Divestiture of Minister, Elder or Deacon without censure — ^Appeal, 214 Chap. xX.— Of Evidence, 215-221 206. Witnesses, competency of, 216 Accused exempt from testifying. 207. Exempted from testifying, 216 208. Evidence, what sufficient, 216 209. Separation of witnesses, 217 276 Index. Pages 210. Examination of witnesses — Irrelevant ques- tions, 217 211. Oath or affirmation of witnesses, 217-218 212. Writing the testimony. 218 213. Authentication of records as evidence, 218 214. Authentication of testimony as evidence, 218 215. Commission to take testimony — Taking testi- mony by written interrogatories, 218-219 21G. Testifying does not disqualify, 220 217. Contumacy in refusing to testify, 220 218. Xew testimony— New trial, 220 219. Testimony— New trial, 220 Chap. X. — Of the Ixflictiox of Church Cex- SURES, 221-225 220. Censures, how administered, 221 221. Censures, in what spirit to be administered, . . . 222 222. Admonition, private or public, 222 223. Definite suspension, 222 224. Indefinite suspension, 222-223 225. Excommunication, 223 22G. Deposition and excommunication, 224 Infliction of censures, 225 When a sentence takes effect, 225 Chap. XI. — Of the Removal of Cexsures, 225-231 227. Treatment of one suspended, 226 228. Restoration from suspension, 22G-227 229. Restoration from excommunication, 227-228 Nature of suspension and excommunication, . 228 230. Restoration from deposition 229 231. Status of Elder or Deacon restored, 229 232. Transfer of persons under censure, 230 233. Restoration of a Minister, 229 Removal of censures, 230-231 Chap. XII,— Of Cases Without Process, 231-237 234. Censure upon confession without process, 231 235. Transfer to roll of non-communicating mem- ber, 232 Absenting one's self from the Lord's sup- per, 232-234 236. Divestiture without censure, 235 237. Renouncing jurisdiction, 236 Index. 277 Pages. Chap. XIII. — Of the Modes in which a Cause May BE Carried from a Lower to a Higher Court, 237-256 238. Modes of carrying a cause to a higher court, . . 237 239. Rights of members of the inferior court, 238 Sec. I. — Of General Review and Control, 238-243 240. Annual review of records, 239 241. Scope of review of records, 239-240 242. Action of superior court upon reviewing rec- ords, 240-241 243. Cases of process not subject to general review, . 241 244. Review outside records, 242 245. Process against an inferior court — Memorials, 242 246. Rules of process against an inferior court, .... 243 /S'ec. II.— Of References, 243-246 247. Reference defined, 244 248. Cases proper for reference, 244 249. Object of reference, 244 250. Effect of reference, 245 251. Caution against reference, 245 252. Discretion of superior court upon a reference, 245 253. References to what court, 245 254. Records in reference, 245 Sec. III.— Of Appeals, 246-252 255. Appeal defined; when and to whom allowable. 245-246 Arrest of sentence by appeal. 256. To whom appeal is allowable, 247 257. Grounds of appeal, 248 258. Notice and reasons of appeal, 249 259. Appeal to what court, 250 260. Appearance of appellant, 250 261. Order of proceedings in an appeal, 250 262. Decision upon appeal, 250 203. Abandonment of appeal, 251 264. Appellant liable to censure, 251 265. Effect of an appeal, 251 Judgment left in force by appeal. 266. Censure for neglect to send up records in an appeal ; arrest of judg-ment, 252 Sec. IV.— Of Complaints, 252-256 267. Complaint defined; to whom allowable; effect, 252-254 278 Index. Pages. 268. Notice of complaint, 254 269. Respondent in complaint; order of proceed- ings, 254-2.55 270. Decision upon complaint, 255-256 271. Records in complaint, 256 Chap. XIV. — Of Dissents and Protests, 256-257 272. Dissent defined; to be recorded, 256 273. Protest defined, 257 274. Record of dissent or protest; answer thereto, . 257 275. Who may dissent or protest, 257 Chap. XV. — Of Jurisdiction, 258-265 276. Transfer of church members; dismission, ...258-259 277. Transfer of officers and members without their consent, 259-261 278. Jurisdiction over members in transition, 2G1 279. Separate roll for absentees, 262 280. Jurisdiction over Ministers and Probationers in transition; form of dismission, 262-263 281. Certificate of dismission as testimony of good standing, •.••;■ ^^^ Principles governing transfer of jurisdic- tion 264-265 ALPHABETICAL INDEX. [Figures refer to paragraphs as numbered consecutively; when to pages, p. is prefixed.] Pak. Abandonment of appeal, 263 Absentees, separate roll of, 279 Absenting one's self from Lord's supper, 235 Acceptance of office of Elder or Deacon, question concern- ing, 112:4 Activity of Christ in the Church, 11 Accusations, from whom to be received, 168 Accused, 163 appearance of, 178 exempt from testifying, 206 preventing, from Lord's supper, 195 rights of, in discussion, 171 suspension of official functions of, 170 Accuser, 163 Adjournment of Assembly, 91 Administering censures, 220-221 Admission of children to Lord's supper, 149 of Ministers to Presbytery, 75 Admissions, Sessional record of, 70 Admonition, 157 private, 222 public, 222 Adult non-communicants, 150 Advice by Assembly, 90 :4 Affirmation by witnesses, 211 Agencies of evangelization, Assembly's, 90:10 Aim of this exposition, pp. 5-6 of trials for licensure, 133 Amending doctrinal standards, 142a Book of Church Order, 142 Annual review, 240 Answer to dissent or protest, 274 279 280 Index. Par. Appeal from divestiture without censure, 205 Appeals, pp. 24G-252 abandonment of, 263 allowable to whom, 24Jo when, 255 arrest of judgment by neglect to send up records in, 2GG of sentence by, 255 censure for neglect to send up records in, 266 decision upon, 262 defined 255 effect of, 265 grounds of, 257 judgments left in force by, 265 notice of, 258 notice of reasons of, 258 order of proceedings on, 261 reasons of, notice of, 258 to Assembly, 90 : 1 to Presbytery, 77:1 to Synod, 84 : 1 to what court, 259 Appearance of accused, 178 of appellant, 260 time between citation and, 178 Appellant, 163 appearance of, 260 liable to censure, 264 Appellee, 163 Appointment, Elder's certificate of, to Presbytery, ..... 73 of commissioners by Presbytery, 77:17 day of ordination by Session, Ill Appointed prosecutor, 166 Arrest of judgment by neglect to send up records in appeals, 266 of sentence by appeal, 255 A-ssembling the people by Session, 67 :1] Assembly, General, pp. 109-117 adjournment of, 91 commission of commissioner to, 88 commissioners to, 88 care of inferior courts, 90 : 6 delegates to, 88 inferior courts, care of, by, 90:6 Index. 281 Par Assembly, General — meetings of, 87 members of, 87 moderator of, 55 place in the system of courts, 86 powers of, 90 quorum, of, 89 title of, 86 Attendance on the courts, expense of, 58 Authentication of records and testimony, 213-214 Authority of church courts spiritual, 59 Baptism, " 29 infant membership and, 29 of children, 67:3 Baptisms, record of, 70 Baptized non-communicants, 30 Benediction, 34, 57 Blessing the people, 24 Book of Church Order, amending, 142 Breach of covenant engagements by a Minister, 205 Call and Presbytery, 116 certifying the, 108 commissioners to prosecute the, 100 drawing the, 106 form of the, 107 into a different Presbytery, 127 prosecuting the, before a different Presbytery, .... 110 subscribing the, 106, 108 to a Pastor, 126 to a Probationer, 110, 117 Candidates, 77:3 transfer of, 137 what Presbytery should try, 130 Case, see Cause. Cases, extraordinary, ' 134 without process, pp. 231-237 Catechisms, 141 amending, 142a Catechizing, 24 Cause, how carried to higher court, .... pp. 237-256, esp. 238 record of 189 Censure, appellant liable to, 264 by Presbytery, pp. 210-215 282 Index Par. Censure — by Session, 67 :2 divestiture without, 205, 236 Censure for neo-lect to send up records, 266 how administered, 220 infliction of, pp. 221-225, esp. 225 in what spirit administered, 221 removal of, pp. 225-231, esp. 230-231 transfer of persons under, 232 upon confession, 174 upon confession by a Minister, 202 upon confession without process, 234 Censures, pp. 181-184 classified, 156 Certificate of appointment. Elder's, 73 of commissioners to Assembly, 88 of dismission as testimony of good standing, 281 Challenging members of a court, 187 witnesses, 206 Charge to a court, 172, 183 Charges at ordination or installation, 121 Children, admission of, to Lord's supper, 149 baptism of, 67 : 3 instruction of 148 parents and their, 147 Christ, see Jesus Christ. Church and "church," 5 Church covenant, . 27 functions of the, as a government, 17 members, pp. 42-44 infant, 29 process against, 192 transfer of, 276 particular, see Particular church, power, pp. 25-29 officers and, 16 people and, 15 questions to, at ordination of Elder or Deacon, ... 112:5 at installation of Pastor, 120 Church Session, see Session. the, . . 2, pp. 19-42 the, a spiritual organization, p. 9 visible, see Visible Church, Index. 283 Par. Church's work, scope of, 18 Churches, dividing, 77 : 12 forming, 77:13 organizing, 26, 27, 93 particular, see Particular churches. receiving churches, 77 : 13, 90 : 14 uniting, 77:12 vacant, 77:14 visitation of, 77:11; 93 Citation of parties and witnesses, 174 time between and a^jpearance, 178 Citations, 175 second, 177 serving of, 181 Classification of censures, 156 of Ministers, 37 of offences, 153 of officers, pp. 44-46 Clerk, 56 Collections, 67 :9 Commissioners to Assembly, 77:17 to prosecute a call, 109 Commissions, pp. 117-121 defined, 92 evangelization, 95 functions of, 92-94 taking testimony at a distance, 179 to install, 93 to ordain, 93 to organize churches, 93 to take testimony, 215 to try cases, 94 to visit disordered parts of the Church, 93 Committee, the judicial, 182 Committees {see also Commissions) , 95 Executive, 95 Competency of witnesses, 206 Complainant, 267, 269 Complaint, pp. 252-256 to Assembly, 90:1 respondent in, 269 decision upon, 270 defined, 267 284: Index. Par. Complaint — effect of, 267 notice of, 208 order of proceedings in, 269 to Presbytery, 77:1 records in, 271 to Synod, 84:1 Concerting measures by Assembly, 90 : 8 by Presbytery, 77:15 by Session, 67 : 12 by Synod, , 85 :7 Conditions to instituting process against a Minister, 173, 198 to ordination, 117 Confession of Faith, 141 amending, 142« Confession on trial, 174, 202 Confession without trial, 234 Congregation, 67 : 12 Congregation, question to, at ordination of Elder or Dea- con, 112:5 Constitution, pp. 167-169 defined, 141 Contentions, suppressing, 90 : 12 Control, general review and, pp. 238-243 Controversies, decision of, 90 : 3 Contumacy, 177 censure for, 217 before Session, 193 excommunication for, 194 / in refusing to testify, . 217 of a Minister, 199 suspension for 193 Copies of records allowed parties, 18^ Correspondence, 90 : 16 Corresponding members of Presbytery, 80 of Synod, 83 Counsel, ' 190 Court, see also Higher, Inferior, Lower, Superior. challenging members of, 187 charge to, 183 disqualification for sitting as member of, 188 of first resort, order of trial in, 186 right mind of members of, , 172 IiN'DEx. 285 Par. Courts, 5. pp. G2-121 classes of, 53 Courts, higher and lower, 61 inferior and superior, 61 jurisdiction of, pp. 08-75 not civil, 59 lower and higher, 61 nature of, 52 power of, defined, 60 spheres of different courts, 62 superior and inferior, 61 Covenant, the church, see Church covenant. Deaconesses, 51 Deacons, pp. 59-62 and Session, ' 67 : 6-7 dissolution of official relations, 113, 114 divestiture of, without censure, 205, 236 duties of, 23, 47 Elders as, 50 election of, 28, 97, 102-105 functions of, 23, 47 installation of, 115, p. 139 end. ordination of, 100, 101, 111-112 qualifications of, 48 report from, to Session, 49, 67 : 7 scriptural warrant for, 46 Deaths, record of, 70 Decision, see also Judgment. of controversies, 90:3 upon appeal, 262 upon complaint, 270 Dedication, The, p. 3 Definite suspension, 223 Denominations, 3 Deposition, 160 and excommunication, 226 Diflferent Presbytery, call to one in, 127 Discipline, . . /. 24, pp. 171-174 defined, 143 ends of, 145 nature of, 146 necessary, p. 7 of non-communicating members, pp. 174-176 possible, , , , , p. 3 286 Index. Par. Discipline, Rules of, the, pp. 170-205 subjects of, 144 why offences are grounds of, 153 Dismissing members, 67 : 5 Dismission, pp. 258-259 Dismission, certificate of, as evidence of standing, 281 form of, 280 Dismissions, record of, 70 Disqualify, testifying does not, 216 Dissent defined, 272 answer to, 274 to be recorded, 272 Dissent, who may, 275 Dissents, pp. 250-257 Dissolution of official relations by removal, 114 for unacceptability, 113 of the pastoral relation, pp. 154-156 District, princiijle of territorial, 72 Divestiture without censure, 205, 230 Divide churches, power of Presbytery to, 77 :12 Divine sanction of ecclesiastical power, 19 Doctrinal standards, question concerning, 112:2 statement in ordination, 112 symbols, amending, 142« Doctrine of church government, pp. 11-17 of ordination, pp. 123-125 of Presbytery, to what necessary, 7 of Avocation, pp. 121-123 Duties, see Powers,, Ecclesiastical power, divine sanction of, 19 Editor, 41 Elder, 42, pp. 54-59 and Minister, difference of, 43 as Deacon, 50 Elder as Moderator, 43 dissolution of official relations of, 113, 114 divestiture of, without censure, 205 duties of 45 election of, 28, 102 installation of, 115, p. 130 end. ordination of, pp. 133-138 power of Session over, 67 : 6 qualifications of, 44 status of, restored, 231 Ii^DEx. 287 Par. Elder's certificate of appointment to Presbytery, 73 Election of Elders and Deacons, 28 of officers, 97, pp. 125-133 manner of, 102 moderator at, 103 Session at, 105 steps in, 104 vote necessary to, 104 Enrolling, 26 Errors, Assembly may testify against, 90:2 Presbytery's power concerning, 77:10 Evangelists, 40 power of Presbytery to set apart, 77:7 ordination of, 123 Evangelization, agencies of, 90 : 10 Evangelization commissions, 95 EvideW pp. 215-221 what sufficient, 208 Examination of witnesses, 184, 210 Examinations for licensure, 132 Excommunication, 159, 225 deposition and, 226 for contumacy, 194 restoration from, 226 Executive Committees, 95 Expenses of attendance on courts, 58 Exposition, The, pp. 11-265 Expounding, 24 Equipped the Church, how Christ has, 10 Extent of church power, pp. 25-29 Extraordinary cases, 134 meetings of courts, 55 officers, 32 Fasting, 24 Form churches, Presbytery to, 77 : 13 Form of Government, pp. 11-169 General Assembly, see Assembly. General offences, 154 General review, pp. 238-243 cases of process not subject to, 243 Gospel ministry, see Ministers. Government and Discipline, questions concerning, ... 112:3 doctrine of church, pp. 11-17 Form of, pp. 11-169 288 I'^D'EX. Par. Government — functions of the Church as a, 17 of the Church, Christ's offices in, 9 scriptural form of, 1 Hand of fellowship in ordination, right, 121, p. 138 reception after installation, 122 Hands, laying on, p. 138, pp. 149-150 Head of the Church, 8, pp. 18-22 Heresy, 200 Higher courts, 61 action of, in reviewing records, 242 judgment to be sent down, 189 modes of carrying causes to, 238, pp. 237-256 Indictment, contents of, 174 drawing, 174 form of, 164 Induction into office, see Ordination and Installation. Indefinite suspension, 226 Infant members and baptism, 29 Inferior courts, see Lower courts. Infliction of censures, 226, pp. 221-226 Injunctions, 67:13; 77:9; 84 Interrogatories, written, 215 Installation, p. 147, question 8 by commission 93 of an ordained Minister, 125 of Elders and Deacons, 115, p. 139 end, question to Pastor at, jj. 147 questions to church at, 120 who shall conduct, 77 :4 ; 121 Instituting process, 162 conditions to 173, 198 time of, 191 Instruction by Assembly, 90:4 Investigation, 162 Irrelevant questions, 210 Jesus Christ as King and Head, 8 Judgment, arrest of, by absence of records, 266 effect of appeal on, 265 of higher court to be sent down, 189 Judicial committee, 182 Jurisdiction pp. 258-265 of church courts, pp. 68-75 not civil, 59 Index. 289 Par. Jurisdiction — original, place of, 161 over members in transition, 278 over Ministers and Probationers in transition, 280 renouncing, 237 transfer of, PP. 264-265 King of the Church, 8, pp. 18-22 Knowledge of our system important, p. 7 Licensure, PP- 156-166 act and form of, 134 object of, 129 questions at, 135 requisites to, 132-134 requisites to, preliminary, 131 revoking, 140 trials for, in what Presbytery, 130 trial pieces in, p. 161 Lord's supper, 24 admission of children to, 149 absenting one's self from, 235 preventing accused from, 195 Lower courts, 61 process against, 245 rights of members of, 239 rules of process against, 246 Measures, proposing (see also Concerting) , .... 77:18; 84:8 Meetings, Assembly, 90 : 11 extraordinary, 55 how opened and closed, 57 Presbytery's, 79 Sessional, 68 Synod's, 82 Members, church, pp. 42-44 Members, corresponding, 80, 83 of a church, 20 of Assembly, 87 of Presbytery, 72 of Session, 63 of Synod, 81 of the Visible Church, 3 receiving, 67 : 4 IMemorials, 245 Ministers, pp. 46-54 290 Index. Par Ministers — admission of, to Presbytery, 75 and Assembly, 90 : 11 Presbytery, 77 :4, 8 Synod, 84 : 5 breach of covenant engagements by, 205 classification of, 37 contumac}^ of, 199 dignity of, 35 divestiture of, without process, 205 in transition, 280 ordination of, pp. 141-151 process against, pp. 210-215 conditions to instituting, 198 where entered, 196 qualifications of, 36 receiving charges against, 197 restoration of, 233 subscription of, 76 titles of, 35 Moderator at an election, 103 duties of, 55 Elder as, 43 of Session in absence of Pastor, 65 when no Pastor, 65 when several Pastors, 66 powers of, 55 who is, 54 New testimony, 218-219 trial, 218-219 Non-communicants, 30 adult, 30, 150 belong to what church, 151 discipline of, pp. 174-176 tabular record of, 70 transfer to roll of, 235 Notice of appeal, 258 Notice of complaint, 268 Oath of witnesses, 211 Offences, pp. 176-181 classified, 153 defined, 152 general, 154 outside territorial jurisdiction, 180 Index. 291 Par. Offences — personal, 154 private, 155 public, 155 why grounds of discipline, 153 Officers, 4, pp. 44-G2 and a particular church, 21 and church power, 16 classification of, pp. 44-46 election of, 97, pp. 125-133 extraordinary, 32 ordinary, 33 transfer of, 277 Order of proceedings in appeal, 261 in complaint, 269 in trial, 186 Orders, 6, pp. 121-166 Ordinances of worship, 24 Ordination, pp. 123-125 acts of, 112, 119, 121 agent of, 98 and installation, 101 and vocation, p. 123 by commission, 93 conditions to, 98 defined, 100 is by a court, 99 is to a definite work, 101 of Elders and Deacons, pp. 133-138 acts of. 112 doctrinal statement at, 112 questions at, 112 sermon at, 112 of Evangelists, 123 of Ministers, pp. 141-151 acts of, 119-121 conditions to, 117 place of, 118 Presbytery of, 124 proceedings at, 119 questions at, 119 sermon at, 119 who to conduct, 121 Orcranic union, 90 : 13 and 14 2D2 Index. Organization of a particular eliureli, pp. 3642 Original jurisdiction, 161 Parents and their children, 147 Particular church, 14, pp. 29-36 defined, 20 officers of, 21 organization of, pp. 36-42 Parties in process, see Process. Pastor {see also Call, Installation, etc.) , 38 election of, 102 translation of, 126 Pastoral charge, resignation of, 128 relation, formation and dissolution, pp. 141-156 of deposed or suspended, 203 Plead, refusal to, 177 Pleading, 174 Power of church courts, 60 divine sanction of, 19 nature and extent of, pp. 25-29 officers and, 16 people and, 15 Po^A'ers of Assembly, 90 advice, 90:4 agencies, 90 : 10 appeals, 90 : 1 complaints, 90 : 1 Constitution, 90 : 6 controversies, 90 : 3 correspondence, 90 : 16 decision of controversies, 90 :€► deliverances, 90 : 2 disorders, 90 : 7 error and immorality, 90 : 2 instruction, 90:4 measures, 90 : 8 and 17 Ministers, 90 : 1 1 order, 90:7 Presbyteries, 90 : 6 and 7 references, 90 : 1 schismatic contentions, 90 : 12 superintendence, general, 90:15 Sessions, 90:6 and 7 Synods, 90:5,6,7 and 9 Powers of Presbytery, ,.,,,,,. ^ . , 77 Index. 293 Tar. Powers of Presbyter}^ — appeals, 77:1 candidates, 77 : 3 churclies, 77 : 11-14 and 16 commissioners to Assembly, 77 : 17 complaints, 77:1 errors, 77 : 10 Evangelists, 77 : 7 injunctions, 77 : 9 measures, 77 : 15 Ministers, 77:4 and 8 pastoral relation, 77 : 6 references, 77:1 Sessions, 77 :5 Session's jurisdiction, 77 : 2 Powers of Session, •. 67 assembling the people, 67 : 11 baptism of children, 67 : 3 Bible classes, 67 : 8 censure, 67 :2 collections, 67 : 9 Deacons, 67:6 and 7 dismissing members, 67 : 5 Elders, 67 :6 injunctions, 67 : 13 inquiry, . 67 : 1 measures, 67:12 receiving members, 67 : 4 representatives to Presbytery, 67 :14 representatives to Synod, 67 : 14 Sabbath-schools, 67 : 8 singing, 67 : 10 Powers of Synod, 84 appeals, 84:1 churches, 84:6 complaints, 84:1 Constitution, 84 :3 injunctions, 84 : 3 measures, 84:7 and 8 Ministers, 84:5 Presbyteries, 84 :2, 4 and 6 references, 84:1 Sessions, 84 : 6 Praise, ..,.......,.,.. 24 294 l^DEx. Par. Prayer, 24, 57, 71 Preaching, 24 Preface, PP- ^"10 Presbytery, PP. 89-107 admibsion of Ministers to, 75 boundaries of, 72 corresponding members of, 80 doctrine of, its necessity, 7 meetings of, 79 members of, 72 powers of, see Powers of Presbytery. quorum of, 74 records of, 78 territory of, 72 visiting brethren of, 80 Private offences, 155, 198 Probationer, call to, 117 in transition, 280 licensure of, pp. 156-1G6 Presbytery and, 139 transfer of, 137 Process, pp. 191-215 against church members, 192 lower courts, 245 rules of, 246 Ministers, pp. 210-215 for private offences, 198 before Session, pp. 207-209 • Presbytery, pp. 210-215 cases of, not subject to general review, 243 cases without, pp. 231-237 censure without, 234 instituting, see Instituting process. parties in, pp. 184-191 transfer to roll of non-communicants without, 235 Professors of religion, 31 Prosecutor, 1G3 appointed, 166 voluntary, 166 warning to, 169 Protest, pp. 256-257 answer to, 274 defined, 273 record of, 274 Index. 295 Par. Protest, who may, 275 Qualifications of Deacons, 48 Elders, 44 Ministers, 36 voters, 105 Questions arising in a trial, 185 at installation to the church, pp. 147-149 Questions at installation to the Minister, pp. 145-147 at licensure, 135 at ordination of Minister, pp. 145-147 Elder or Deacon, IV^ irrelevant, 210 Quorum of Assembly, 89 church, p. 127 Presbytery, 74 Session, 63 Synod, . 82 Reading, 24 Receiving churches, 77 : 13 members, 67:4 Reclamation Avithout prosecution, 165, 167 Records in appeal, 266 in complaint, 271 in reference, 254 of a cause, 189 of Deacons, 67:7 of Presbytery, 78, 84 of Session, 69, 77 :5 of Synods, 85, 90 :5 Records, review of, see Review of records. Records, review outside, 244 tabular, 70 References, pp. 243-246 cases proper for, 248 caution against, 251 court to which, 253 defined, 247 discretion of the higher court, 252 effect, 250 object of, 249 records in, 254 Re-installation, 115 Removal of censures, pp. 225-231 from a Minister, : pp. 230-231 296 Index. Representatives to Presbytery and Synod, 67 :14 Resignation of pastoral charge, 128 Respondent in complaint, 269 Restoration from deposition, 230 excommunication, 229 suspension, 228 of a Minister, 233 deposed, 203 Review, general, pp. 238-243 process not subject to, 243 Review of records, 240 action in, 242 scope of, 241 outside of records, 244 Roll of absentees, 279 non-communicants, 235 Ruling Elder, see Elder. Sabbath-schools, 67 :8 Scandal, 201 Schism, 200 Sentence, when it takes effect, p. 225 Separate roll, 279 Sermon at installation or ordination, 112, p. 145 Sermon, opening, 54 Serving citations, 181 Session, 22, pp. 75-89 and Presbytery, 77 : 5 and Synod, 84 :6 and worship, 25, 67 : 11 at an election p. 129 in ordination of Elder or Deacon, Ill meetings of, 68 members of, 63 powers of {see Powers of Session) , 67 quorum of, 63 Singing, 57, 67 : 10 Standards, 11 doctrinal, p. 135 Statement by the Moderator at ordination, 112, 119 Subscription by Ministers, 76 Superintendence, general, 90:15 Suspended Minister, pastoral relation of, 204 treatment of one, 227 Suspension, 158, p. 228 Index. 297 Pak. Suspension — indefinite, 224 of otileial functions of accused, 170 restoration from, 228 Synod, pp. 107-109 corresponding members of, 83 meetings of, 82 members of, 81 new, 90:9 powers of, see Powers of Synod. quorum of, 82 visiting brethren of, 83 Tabular records, 70 Teacher, the, 39 Territorial district, 72 Testify, contumacy for refusing to, 217 Testifying against error by Assembly, 90:2 does not disqualify, 216 exempted from, 206, 207 Testimony, commission to take, 179, 215 new, 218, 219 taking, at a distance, 179 by written interrogatories, 215 writing the, 212 Thanksgiving, public, 24 Title, p. 1 Titles, dignity and, 35 official, 34 Transfer of church members, 276 of jurisdiction, pp. 264-265 of persons under censure, 232 to roll of non-communicants, 235 without consent 277 Transition, jurisdiction over — members in, 278 Ministers in, 280 Probationers in, 280 Uniting churches, 77 : 12 Unity of the Church, 12 Vacant churches, 77 : 14 Visible Church, pp. 22-25 members of, 3 Visitation, 77 : 11 ; 93 Visiting brethren, , , . 80, 83 298 Index. Vocation, pp. 121-123 ordinary, 96 ordination and, distinguished, p. 123 Vote necessary to election, 104 Witnesses, competency of, 20G examination of, 184, 210 separation of, 209 Worship, ordinances of, 24