tihvavy of trhe t:heologicaI ^tminaxy PRINCETON . NEW JERSEY PRESENTED BY A. G. Cameron, Ph.D. 5.18.11 ^:)6^ REVISED BOOK or DISCIPLINE OF THE J PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA. PREPARED BY THE COMMITTEE OP THE GENERAL ASSEMBLY, 1858, AND FINALLY RECONSIDERED AND AMENDED BY THE SAME COMMITTEE, ENLARGED, 1802. TO WHICH IS NOW ADDED, EULES FOE JUDICATOEIES. PHILADELPHIA: PRESBYTERIAN BOARD OF PUBLICATION, No. 821 Chestnut Street. 1 REVISED BOOK OF DISCIPLINE. CHAPTER I. DISCIPLINE, ITS NATURE, OBJECT, AND THE PER- SONS SUBJECT TO IT. I. Discipline is the exercise of tliat autliority, and the application of that system of laws, which the Lord Jesus Christ hath appointed in his church. Its ends are the rebuke of offences, the removal of scan- dal, the vindication of the honour of Christ, the promotion of the purity and general edification of the church, and the spiritual good of offenders them- selves. II. An offence, the proper object of discipline, is anything in the principles or practice of a church member, which is contrary to the word of God. The Confession of Faith, and the Larger and Shorter Catechisms of the Westminster Assembly, as ac- • / cepted by the Presbyterian Church in the United j States of America, are standard expositions of the \ teachings of Scripture in relation both to faith and practice. III. JSTothing, therefore, ought to be considered by any judicatory as an offence, or admitted as matter of accusation, which cannot be proved to be such from Scripture, or from the regulations and practice of the church, founded on Scripture ; and which does not involve those evils which discipline is intended to prevent. IV. All baptized persons are members of the church, are under its care and subject to its govern- . ment and discipline ; and when they have arrived at 1 ■i DISCIPLINE. the years of discretion, they are bound to perform all the duties of church members. It is the office of the church, therefore, to use the proper means, in de- pendence on Divine grace, for bringing them to repentance and faith, that they may rightly perform their duty. CHAPTER II. OF OFFENCES. I. Offences are either personal or general, private or public. . II. Personal offences are violations of the Divme law considered in the special relation of wrongs or injuries to particular individuals. General olfences are heresies or immoralities, having no such relation, or considered apart from it, III. Private offences arc those which are known only to one or a few persons. Public offences are those which are notorious. CHAPTER III. OF THE PARTIES IN CASES OF PROCESS. I. Process against an offender shall not be com- menced unless some person undertakes to make out the charge; or unless common fame so loudly pro- claim the scandal that the court finds it necessary for the honour of religion to investigate the charge. II. In the case of personal offences, the mjured party can never be a prosecutor without having pre- viously tried the means of reconciliation and of re- claiming the offender required by Christ, Matt. xviu. 15, 16. A church court, however, may judicially investigate them as general offences when the mte- mSCIPLINE. 5 rests of religion seem to demand it. Neither in the case of private oft'ences can those to whom they arc known become accusers without having previously endeavoured to remove the scandal by private means. III. General offences may be brought before a judicatory either by an individual or individuals, who appear as accusers, and undertake to substan- tiate the charge ; or by common fame. IV. In cases of prosecution by common fame, the previous steps required by our Lord, in the case of • personal offences, are not necessary. There are many cases, however, in which it will better promote '; the interests of religion to send a committee to con- •' verse in a private manner with the offender, and to endeavour to bring him to a sense of his guilt, than to institute actual process. V. In order to render an offence proper for the cognizance of a judicatory on the ground of common fame, it must first be determined that a common fame really exists ; and no rumour is to be considered as such, unless it specify some particular sin or sins, is mdely spread, generally believed, and accompa- nied with strong presumption of truth. YI. It may happen, however, that in consequence of a report which does not fully amount to a general rumour, as just described, a slandered individual may request a judicial investigation, which*it may be the duty of the judicatory to institute. And if upon such investigatioi^ he shall be found guilty, he may be dealt with as if he had been convicted by regular prosecution; and in case of an appeal, the judicatory may appoint some one to represent an accuser, as in prosecution by common fame. VII. In all cases of prosecution on the ground of common fame, the judicatory may appoint one or more individuals, being, communicating members of the church, subject to the jurisdiction of the same court with the accused, to represent common fame. 6 DISCIPLINE. % VIII. The original and only parties to a trial are the accuser and the accused; and in cases of prose- cution by common fame, common fame or the person representing it, is the accuser, and has, in all the courts, all the rights of an original party. These parties, in the appellate courts, are known as appel- lant and appellee. IX. Great caution ought to be exercised in re- ceiving accusations from any person who is known to indulge a malignant spirit towards the accused, who is not of good character, who is himself un- der 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 im- prudent. X.. Any prosecutor, but especially the prosecutor of a minister of the gospel, shall be joreviously warned, that if he fail to show probable cause for the charges, he must himself be censured as a slanderer of the brethren, in proportion to the malignity or rashness that shall appear in the prosecution. CHAPTEE IV. OF PROCESS. — GENERAL PROVISIONS APPLICABLE TO * ALL CASES. I. Origmal jurisdiction in relation to ministers per- tains to the Presbytery, and hi relation to other church members, to the session. But the higher courts may institute process in cases in which the courts below have been enjoined, and refused or neglected to obey. II. All charges shall be presented in writing, in which, if possible, times, places, and circumstan- ces, shall be particularly stated. Nothing further shall be done at the first meeting of the judica- tory, unless by consent of parties, than to give the DISCIPLINE, 7 accused a copy of the charge, together with the names of the witnesses then known to support each charge specified therein. All parties shall then be cited to appear, Avith their witnesses, at a subsequent meeting of the judicatory, which shall not be sooner than ten days after each citation. III. At the second meeting of the judicatory, the accused shall answer in writing. If he confess, or if he achnit the facts charged, hut deny that they constitute an offence, the court, after hearing the parties, may proceed to judgment. But if he deny the charges, the trial shall proceed. IV. The citations shall be issued and signed by the Moderator or Clerk. He shall also issue citations to such Avitnesses as either party shall nominate, to appear at the trial, V. When an accused person refuses to obey a cita- tion, he shall be cited a second time, and this second citation shall be accompanied with a notice that if he do not appear at the time appointed, unless providen- tially hindered, which he must notify to the court, he will be dealt with for his contumacy. If he should not appear, the judicatory may appoint some person to represent him, and proceed to trial and judgment in his absence. The time allotted for his appearance on any citation sub- sequent to the first, is left to the discretion of the court, but it shall not be less than is quite sufficient for a reasonable and convenient compliance Avith the citation. VI. If the party accused shall absent himself, or secrete himself, so that process cannot be served upon him, the judicatory may suspend him until he shall appear and answer to the complaint against him. VII. Judicatories, before proceeding to trial or to ultimate measures for contumacy, must ascertain that their citations have been duly serAxd. VIII. The trial shall be itxir and impartial. The Avitnesses shall be examined in the presence of the ■Pi»^ 8 DISCIPLINE. accused, or at least after lie sliall have received due notice to attend ; and the parties shall be permitted to cross-examine them, and to ask any questions perti- nent to the issue to be tried. After the testimony is concluded, the parties shall be heard. IX. The charges, the answer if there be one, and the judgment shall be entered on the records of the judicatory. Minutes of the trial shall he kejit hy the clerk, which shall exhibit all the acts and orders of tlie judicatory relatiny to the cause, and all the testimony taken or jiroduced before it. After judgment is rendered, the Clerk shall, without delay, attach together ^the charges, the answer if there he one, the citations and returns thereto, and the minutes herein required to he kept, on whiclb shall he engrossed the judgment of the court; whicli impers, when so attached, sliall constitute the record of the cause; and in case of a removal thereof, hy apjjeal or complaint, the lower court shall transmit the original record to the higher judicatory. Nothing which is not contained in the record shall be taken into consideration in the higher court. X. All parties shall be allowed copies of the record in any case, at their own expense, and, on the final disposition of a cause in a higher court, the judicial record shall be transmitted to the court in which the cause originated. XI. No professional counsel shall be permitted to appear and plead in cases of process in any of our ecclesiastical courts; but an accused person may, if he desires it, be represented by any communicating member of the cliurch, subject to the jurisdiction of the court before which he appears. The person so employed shall not be allowed, after pleading the cause of the accused, to sit in judgment upon the case. XII. Questions of order, which arise in the course of process, shall be decided by the Moderator. If an appeal be taken from his decision, the question on the appeal shall, if any member of the court DISCIPLINE. 9 demand it, be taken witliout debate. Questions relat- ing to evidence shall also he decided by the Moderator • hut either party, or any member of the court, may demand that the question he determined by the ivho'le court. All decisions made during the course of process sliall be recorded, if either party desire it. CHAPTER V. SPECIAL PROVISIONS PERTAINING TO CASES BEFORE SESSIONS. I. As cases may arise in which it is impracticable to commence process immediately against an accused person, the Session may, in such cases, if they think the edification of the church require it, prevent the accused from approaching the Lord's table until the charges against him can be examined. II. AVhen an accused person has been twice duly cited, and shall refuse to appear before the Session, or appearing, shall wilfully refuse to answer the complaint preferred against him, he shall be sus- pended from the communion of the church for his contumacy, and this sentence shall in no case be re- moved until he has repented of his contumacy, and submits himself to the orders of the court. III. The censures to be inflicted by the Session are admonition, rebuke, suspension from the com- munion of the church, and in case of gross and flag- rant ofienders, who will not be reclaimed by milder measures, excommunication. It may also suspend or depose a ruling elder from his office, with or with- out suspension from the communion of the church, as the case may seem to require. IV. The sentence, if it be thought expedient to publish it, shall be published only in the church or churches which have been offended, otherwise it shall pass only in the court. B 10 DISCIPLINE. CHAPTEE YI. GENERAL PROVISIONS APPLICABLE TO THE ACCUSA- TION OR TRIAL OF A MINISTER, I. As tlie lionoiir and success of the gospel depend in a great measure on the character of its ministers, each Presbytery ought, vnili the greatest care and impartiality, to watch over the personal and profes- sional conduct of all its members. But as, on the one hand, no minister ought, on account of his office, to be screened from the hand of justice, nor his offences to be slightly censured, so neither ought scandalous charges to be received against him on slight grounds. II. As it is the duty of all Christians to be very cautious in taking up an ill report of any man, but especially of a minister of the gospel, therefore, if any man know a minister to be guilty of a private fault, he should warn him in private. But if the guilty person persist in his fault, or it become public, he who knows it should apply to some other minister of the Presb^^tery for his advice in the case. III. If a minister shall be supposed to be guilty of an offence at such a distance from his usual place of residence, as that the offence is not likely to be- come otherwise known to the Presbytery to which he belongs, it shall, in such case, be the duty of the Presbytery within whose bounds the facts shall have happened, if they shall be satisfied that there is pro- bable ground for the accusation, to send notice to the Presbytery of which he is a member, of the nature of the offence, and the grounds for believing it ; and the Presbytery, on receiving such notice, may, if they think the honour of religion requii'e it, pro- ceed against him as in the cases of prosecution by common fame. IV. If a minister accused of an offence shall refuse DISCIPLIXE. 11 to attend the Presbytery after being tAvice duly cited to appear and answer tlie accusations, lie sliall be immediately suspended from his office ; and if, after another citation, he shall wilfully refuse to attend, he shall be deposed as contumacious, and suspended from the communion of the church. V. If, upon trial, a minister shall be found guilty, he shall be admonished, rebuked, suspended from the ministry, deposed with or without de])rivation of church privileges, or excommunicated, as the court shall deem fit. VI. Heresy and schism may be of such a nature as to infer deposition ; but errors ought to be care- fully considered, whether they strike at the vitals of religion, and are industriously spread, or whether they arise from the weakness of the human under- standing, and are not likely to do much injury. VII. If the Presbytery find, on trial, that the matter complained of amounts to no more than such acts of infirmity as may be amended and the peo]ile satisfied, so that little or nothing remains to hinder his usefulness, they shall take all prudent measures to remove the oft'ence. VIII. A minister deposed for scandalous conduct shall not be restored, even on the deepest sorrow for his sin, until after some time of eminent and exem])lary, humble and edifying conversation, to heal the wound made by his scandal ; and • he ought in no case to be restored until it shall appear that the sentiments of the religious public are strongly in his favour, and demand his restoration, and then only by the judica- tory inflicting the censure, or by its advice and consent. IX. As soon as a minister is deposed, his congre- gation shall be declared vacant; but when he is suspended, it shall be left to the direction of the Presbytery whether his congregation shall be de- ' clared vacant. J 12 DISCIPLINE. CHAPTER YII. OF CASES WITHOUT PEOCESS. I. lu cases in wliicli an individual commits an of- fence in the presence of the court, or comes forward as his own accuser and makes known his offence to the court, it is competent to the court to proceed to judgment without process; the offender always hav- ing the privilege of being fully heard; and in the first case named, if he requests it, there sliall be at least two days of delay before judgment. The record of the transaction must show the nature of the offence, as well as the judgment of the court, and the reasons thereof. II. There being in these cases no accuser, should the Sentence be appealed from, any communicating member of the church, subject to the jurisdiction of the same court with the appellant, may be appointed to defend the sentence, and shall be the appellee in the case. III. In cases in which a communicating member of the church shall state in open court that he is per- suaded in conscience that he is not converted, and has no right to come to the Lord's table, the Session shall use all proper means for producing a change in his views of duty and right ; and if they fail, and lie continues to believe that it is not his duty to come to the Lord's table, they may allow him to abstam, until he shall obtain satisfactory evidence of his warrant to partake of such a privilege. IV. If a communicating member of a church re- move out of the bounds of the congregation to which he belongs, without asking or receiving a regular certificate of dismission to another church, and if his residence shall be known, the Session shall within two years advise him to apply for such certificate; and if he shall decline or neglect to do so without alleging sufficient reasons, his name shall be stricken DISCIPLIXE. 13 V \ from the roll, and the fact recorded m the minutes of the Session ; and if any member shall so remove, and his residence shall not be known to the session for the space of three years, his name shall be erased from the roll, and the fact recorded. And all such names shall be inserted in a separate list, with a suitable note or memorandum, indicating the rela- tion of such members to the church. And if, in the case of members removing without the bounds, as aforesaid, the Session should be satisfied that they are living in neglect of their Christian obligations, and their residences should be uncertain, or too re- mote for the institution of regular process, their name shall be erased from the roll of the church ; the effect of which is to suspend them from the commu- nion of the church until proper satisfaction is given ^ in their case. V. When a member, elder, or minister, renounces the communion of the Presbyterian Church, by join- ing another denomination, without a regular dismis- sion, if it be evangelical, and he be in good standing, the irregularity shall be recorded, and his name erased. If, on the other hand, charges are pending against him, those charges may be prosecuted. Ii the denomination be heretical, he may be suspended, excommunicated, or deposed, without trial. CHAPTEE VIII. OF EVIDEXCE. I. Judicatories ought to be very careful and im- partial in receiving testimony. All persons are not competent as witnesses ; and all who are competent are not credible. II. All persons, whether parties or otherwise, are competent witnesses, except such as do not believe in c 14 DISCIPLINE. the existence of God, or a future state of rewards and punisliments, or liave not sufficient intelligence to understand the obligation of an oath. Either party has a right to challenge a witness whom he believes to be incompetent, and the court shall examine and decide upon his competency. III. The credibility of a witness, or the degree of credit due to his testimony, may be affected by rela- tionship to any of the parties; by interest in the result of the trial ; by want of proper age ; by weak- ness of understanding; by infamy of cjiaracter; by being under church censure; by general rashness, indiscretion, or malignity, of character ; and by what- ever circumstances appear to the judicatory to affect his veracity, his knowledge, or his interest in the case on trial. IV. A husband or wife shall not be compelled to bear testimony against each other in any judicatory. V. The testimony of more than one witness is necessary in order to establish any charge; yet if several credible witnesses bear testimony to different similar acts, or to confirmatory circumstances, be- longing to the same general charge, the crime may be considered as proved. VI. No witness, afterward to be examined, except a member of the judicatory, shall be present during the examination of another witness on the same case, unless by consent of parties. VII. To prevent confusion, witnesses shall be ex- amined first by the party introducing them; then cross-examined by the opposite party ; after which any member of the judicatory, or either party, may put additional interrogatories. The Court shall not permit frivolous questions, or questions irrelevant to the charge at issue. VIII. The oath or affirmation to a witness shall be administered by the Moderator, in the following or like terms: "You solemnly promise, in the presence of the omniscient and heart-searching God, that you DISCIPLINE. 15 will declare the truth, the whole truth, and nothing \ but the truth, according to the best of your know- ledge, in the matter in which you are called to wit- ness, as you shall answer to the great Judge of quick and dead." If, however, at any time a witness should present himself before a judicatory, who, for con- scientious reasons, prefers to swear or affirm in any other manner, he shall be allowed to do so. IX. Every question put to a witness shall, if re- quired, be reduced to writing. When answered, it shall, together with the answer, be recorded, if deem- ed by either party of sufficient importance. X. The records of a judicatory, or any part of them, whether original or transcribed, if regularly authenticated by the Moderator and Clerk, or either of them, shall be deemed good and sufficient evi- dence in every other judicatory. XI. In like manner, testimony taken by one judi- catory, and regularly certified, shall be received by every other judicatory, as no less valid than if it had been taken by themselves. XII. Any judicatory before which a cause may be pending, shall have power, whenever the conveni- ence of parties or of witnesses shall require it, on the application of either party, to appoint a commission to examine witnesses. The testimony should be taken in the same manner as is required when taken in the court. Such notice as the court appointing the commission may direct, shall be given of the time when, and place where, the witnesses will be examined. The depositions when taken, shall be authenticated by the signatures of the commissioners, sealed up by them, and transmitted to the clerk of the judicatory before which the cause is pending. The commissioners so appointed shall take such testi- mony as may be offered by either party. The ques- tions as to the relevancy or competency of the testi- mony so taken, shall be determined by the court when it is offered on the trial. 16 DISCIPLINE. XIII. A member of the judicatory may be called upon to bear testimony in a case wliicli comes be- fore it. He stall be qualified as other witnesses are ; and, after having given his testimony, he may immediately resume his seat as a member of the judicatory. XIV. A member of the church summoned as a witness, and refusing to appear, or, having appeared, refusing to give testimony, may be censured for contumacy, according to the circumstances of the case. XY. The testimony given by witnesses must be faithfully recorded and read to them, for their appro- bation and subscription. XVI. If, after a trial before any judicatory, new testimony be discovered, which is supposed to be highly important to the exculpation of the accused, it is proper for him, if the case has not been ap- pealed, to ask, and for the judicatory to grant, a new trial. XVII. If, in the prosecution of an appeal, new testimony is offered, which, in the judgment of the appellate court, has an important bearing on the case, it shall be competent to the court to refer the cause to the inferior judicatory for a new trial ; or, with the consent of parties, to take the testimony and issue the case. CHAPTEE IX. OF THE VARIOUS WAYS IN WHICH A CAUSE MAY BE CARRIED FROM A LOWER TO A HIGHER JUDI- CATORY. I. In all governments conducted by men, wrong may be done, from ignorance, from prejudice, from malice, or from other causes. To prevent the con- s DISCIPLINE. 17 tinned existence of this wrong, is one great design of superior judicatories. And although there must be a last resort, beyond which there is no appeal ; yet the security against permanent wrong will be as \ great as the nature of the case admits, when those who had no concern in the origin of the proceedino-g, are brought to review them, and to annul or confirm them, as they see cause ; when a greater number of counsellors are made to sanction the judgments, or to correct the errors of a smaller; and, finally, when the whole church is called to sit in judgment on the acts of a part. II. Every kind of decision which is formed in any church judicatory, except the highest, is subject to the review of a superior judicatory as herein pro- vided, and may be carried before it in one or the other of the four following ways, to wit: general review and control, reference, appeals, or com- plaints. III. When a matter is transferred in any of these ways from an inferior to a superior judicatory, the inferior judicatory shall, in no case, be considered a party; nor shall its members lose their right to sit, deliberate, and vote, in the higher courts. SECTION I. GENERAL REVIEW AND CONTROL. I. It is the duty of every judicatory above a church session, at least once a year, to review the records of the proceedings of the judicatory next below. And if any lower judicatory shall omit to send up its records for this purpose, the higher may issue an order to produce them, either immediately, or at a particular time, as circumstances may re- quire. II. In reviemng the records of an inferior judica- tory, it is proper to examine. First, Whether the proceedings have been constitutional and regular: 18 DISCIPLINE. Secondly, Whether they have been wise, equitable, and for the edification of the church : Thirdly, Whe- ther they have been correctly recorded. III. In most cases, the superior judicatory may be considered as fulfilling its duty, by simply recording, on its own minutes, the animadversion or censure which it may think proper to pass on records under review ; and also by making an entry of the same in the book reviewed. But it may be that, in the course of review, cases of irregular proceedings may be found so disreputable and injurious as to demand the interference of the superior judicatory. In cases of this kind the inferior judicatory may be required to review and correct its proceedings. IV. No judicial decision, however, of a judicatory shall be reversed, unless it be regularly brought up by appeal or complaint. V. Judicatories may sometimes entirely neglect to perform their duty, by which neglect heretical opin- ions or corrupt practices may be allowed to gain ground; or offenders of a very gross character may be suffered to escape ; or some circumstances in their proceedings, of very great irregularity, may not be distinctly recorded by them. In any of which cases, their records mil by no means exhibit to the superior judicatory a full view of their proceedings. If, there- fore, the superior judicatory be well advised, by com- mon fame, that such neglects or irregularities have occurred on the part of the inferior judicatory, it is incumbent on them to take cognizance of the same ; and to examine, deliberate, and judge in the whole matter, as completely as if it had been recorded, and thus brought up by the review of the records. YI. When any important delinquency, or grossly unconstitutional proceeding, appears in the records of any judicatory, or is charged against them by common fame, or by a memorial, with or without pro- test, the first step to be taken by the judicatory next above, if it is thought expedient to proceed at ally is DISCIPLINE. 19 to cite tlie judicatory alleged to have offended, to appear at a specified time and place, and to show what it has done, or failed to do, in the case in ques- tion: after which the judicatory thus issuing the citation shall remit the Avhole matter to the delin- quent judicatory, with a direction to take it up, and dispose of it in a constitutional maimer, or stay all further proceeding in the case, as circumstances may require. SECTION II. OF EEFERENCES. I. A reference is a judicial representation, made hy an inferior judicatory to a superior, of a matter not yet decided ; which representation ought always to be in writing. II. Cases which are ncAV, important, difficult, or of peculiar delicac}^, the decision of which may establish principles or precedents of extensive influence, on which the sentiments of the inferior judicatory are greatly divided, or on which, for any reason, it is highly desirable that a larger body should first de cide, are proper subjects of reference. III. References are either for mere advice, pre- paratory to a decision by the inferior judicatory ; or for ultimate trial and decision by the superior. lY. In the former case, the reference only susjiends the decision of the judicatory from which it comes: in the latter case, it totally relinquishes the decision, and submits the whole cause to the final judgment of the superior judicatory. V. Although references may in some cases, as before stated, be highly proper, yet it is, generally speaking, more conducive to the public good, that each judicatory should fulfil its duty by exercising its judgment. VI. Although a reference ought, generally, to pro- cure advice from the superior judicatory, yet that 20 DISCIPLINE. judicatory is not necessarily bound to give a final judgment in tlie case, even if requested to do so; but may remit the whole cause, either with or without advice, back to the judicatory by which it was referred. VII. Eeferences are to be carried to the judicatory immediately superior. VIII. In cases of reference, the judicatory refer- ring ought to have all the testimony, and other docu- ments, duly prepared, produced, and in perfect readi- ness; so that the superior judicatory may be able to consider and issue the case with as little difficulty or delay as possible. SECTION III. OFAPPEALS. I. An appeal is the removal of a case, already de- cided, from an inferior to a superior judicatory, the peculiar effect of which is to arrest all proceedings under the decision, until the matter is finally decided in the last court. It is allowable in two classes of cases : 1st. In all judicial cases, by the party to the cause, against whom the decision is made. 2d. In other cases, when the action or decision of the judi- dicatory has inflicted, or may inflict, an injury or wrong upon any party or persons, which cannot be remedied by a reversal of the decision, he, or they, or any minority, consisting of not less than one- fourth of the minority voting, may appeal. II. In cases of judicial process, those who have not submitted to a regular trial are not entitled to appeal. III. Any irregularity in the proceedings of the inferior judicatory; a refusal of reasonable indul- gence to a party on trial ; declining to receive im- portant testimony ; hurrying to a decision before the testimony is fully taken; a manifestation of prejudice in the case; and mistake or injustice in the decision — are all proper grounds of appeal. DISCIPLINE. 21 lY. Every appellant is bound to give notice of bis intention to appeal, and also to lay tbe reasons tbereof, in writing, before the judicatory appealed from, eitber before its rising, or witliin ten days tbcre- after. If tbis notice, or tbese reasons, be not given to tbe judicatory wbile in session, tbey sball be lodged witb tbe Moderator or Stated Clerk. y. Appeals are to be carried in regular gradation, from an inferior judicatory to tbe one immediately superior. But tbere sball be only one appeal, as to matters of fact, wben tbe first appellate court agrees witb tbe original court in finding and stating tbe facts. Wben a case originates in tbe Session, and tbe Presbytery disagrees witb tbe Session, as to tbe facts, an appeal may be taken, botb in law and fact, to tbe Sj^nod, wbere tbe finding and statement of facts sball be final. Only errors in principle, and irregularities in order, sball be carried by appeal to tbe General Assembly; except in trials for beresy, in wbicb tbe record of facts must go up for trial tbrougb tbe wbole gradation of appeals. YI. Tbe appellant sball lodge bis appeal, and tbe reasons of it, witb tbe Clerk of tbe bigber judicatory, before tbe close of tbe second day of tbeir session ; and tbe appearance of tbe appellant and a})pellee sball be eitber personal or in writing. YII. In taking up an appeal in judicial cases, after ascertaining tbat tbe • appellant, on bis part, bas conducted it regularly, i\ie first step sball be to read all tbe records in tbe case from tbe beginning, except so far as any part may be omitted by consent of tbe parties ; and except tbe evidence, wben tbe facts are not allowed to be tbe ground of furtber appeal; tbe. second, to bear tbe parties, first tbe appellant, tben tbe appellee ; tbe third, to bear any member of tbe appel- late court wbo may desire to express bis opinion; after wbicb tbe final vote sball be taken, by callmg tbe roll A committee sball tben be appointed to bring in a minute, expressing tbe judgment of tbe 22 DISCIPLINE. court, and tlie reasons thereof. In all appeals in cases not judicial, tlie order of proceeding shall be tlie same as in cases of complaints, substituting appellant for complainant. VIII. The parties denominated appellant and appellee are the accuser and the accused who com- menced the process. The appellant, whether origin- ally accuser or accused, is the party that makes the appeal; the appellee, whether originally accuser or accused, is the party to whom the decision ai)pealed from has been fayourable. IX. The decision may be either to confirm or reverse, in whole, or in part, the decision of the in- ferior judicatory ; or to remit the cause, for the pur- pose of amending the record, should it appear to be incorrect or defective ; or for a new trial. X. If an appellant, after entering his appeal to a superior judicatory, fail to prosecute it, it shall be considered as abandoned, and the sentence appealed from shall be final. And an appellant shall be con- sidered as abandoning his appeal, if he do not appear before the judicatory appealed to, on the first or second day of its meeting next ensuing the date of his notice of appeal; except in cases in which the appellant can make it appear that he was prevented from seasonably prosecuting his appeal by the provi- dence of Go(L XI. 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 oftence. XIL The necessary operation of an appeal is, to suspend all further proceedings on the ground of the sentence appealed from. But if a sentence of suspen- sion or excommunication from church privileges, or of deposition from office, be the sentence apjiealed from, it shall be considered as in force until the appeal shall be issued. XIII. It shall always be deemed the duty of the DISCIPLINE. 23 judicatory whose judgment is appealed from, to send all their records relating to the matter of the appeal. And if any judicatory shall neglect its duty in this respect, especially if thereby an appellant, who has conducted with regularity on his part, is deprived of the privilege of having his appeal seasonably issued ; such judicatory shall be censured according to the circumstances of the case, and the sentence appealed from shall be suspended until a record is produced, upon which the issue can be fairly tried. XIV. In judicial cases an appeal shall in no case be allowed except by one of the original parties. SECTION IV. OF COMPLAINTS. I. Another method by which a cause which has been decided by an inferior judicatory, may be car- ried before a superior, is by complaint. II. A complaint is a representation made to a superior, by any member or members of a minority of an inferior judicatory, or by any other person or persons, respecting a decision by an inferior judica- tory, which, in the opinion of the complainants, has been irregularly or unjustly made. III. The cases in which complaints are proper and advisable, are all those cases of grievance, whether judicial or not, in which the party aggrieved has declined to appeal ; and all other cases in which the party complaining is persuaded that the purity of the church, or the interests of truth and righteous- ness, are injuriously affected by the decision com- plained of. IV. Notice of a complaint in cases not judicial shall always be given before the rising of the judica- tory, or within ten days thereafter, as in case of an appeal: and in judicial cases, within twenty days after the time for appealing has expired. 24 DISCIPLINE. V. In taking up a complaint, after ascertaining tliat the complainant has conducted it regularly, the first step shall be to read all the records in the case; the second to hear the complainant, and then the court shall proceed to consider and decide the case. VI. The effect of a complaint in cases not judi- cial, if sustained, may be to reverse the decision com- plained of in whole or in part, and to place matters in the same situation in which they were before the decision was made. In judicial cases, the decision of a complaint shall not affect the judgment complained of; but shall control the principles involved in that judgment. VII. In judicial cases, a complaint shall be admit- ted only where an aggrieved party has declined to appeal; and in judicial cases an aggrieved party shall" not be allowed to complain. CHAPTEE X. OF DISSENTS AND PROTESTS. I. A dissent is a declaration on the part of one or more members of a minority, in a judicatory, ex- pressing a different opinion from that of the majority in a particular case. A dissent, unaccompanied with reasons, is always entered on the records of the judi- catory. II. A protest is a more solemn and formal decla- ration, made by members of a minority as before- mentioned, 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. III. If a protest or dissent be couched in respect- ful language, and contains no offensive reflections or insinuations against the majority of the judicatory, DISCIPLINE. 25 those wlio offer it liave a rit'lit to have it recorded on O the minutes. IV. A dissent or protest may be accompanied with a complaint to a superior judicatory, or not, at the pleasure of those who offer it. If not thus accompa- nied, it is simply left to speak for itself, when the records containing it come to be reviewed by the superior judicatory. V. It may sometimes happen that a protest, though not infringing the rules of decorum, either in its lan- guage or matter, may impute to the judicatory, Avhose judgment it opposes, some principles or reasonings which it never adopted. In this case the majority of the judicatory may with propriety appoint a commit- tee to draw up an answer to the protest, which, after being adopted as the act of the judicatory, ought to be inserted on the records. VI. When, in such a case, the answer of the ma- jority is brought in, those who entered their protest may be of the opinion that fidelity to their cause calls upon them to make a reply to the answer. This, hoAvever, ought by no means to be admitted; as the majority might, of course, rejoin, and litiga- tion might be perpetuated, to the great inconvenience and disgrace of the judicatory. VII. When, however, those who have protested consider the answer of the majority as imputing to them opinions or conduct which the}^ disavow, the proper course is, to ask leave to take back their pro- test, and modify it in such manner as to render it more agreeable to their views. This alteration may lead to a corresponding alteration in the answer of the majority; with which the whole affair ought to terminate. VIII. None can join in a protest against a decision of any judicatory, excepting those who had a right to vote in said decision. 26 DISCIPLINE. CHAPTER XI. JURISDICTION. I. AVlien a member shall be dismissed from oue church, with a view to his joining another, if he com- mit an ofience pre\^ons to his joining the latter, he shall be considered as nnder the jurisdiction of the church which dismissed him, and amenable to it, up to the time when he actually becomes connected with that to which he was dismissed and recom- mended. II. The same principle applies to a minister, who is always to be considered as remaining under the jurisdiction of the Presbytery which dismissed him, until he actually becomes a member of another. _ III. If, however, either a minister or a private member shall be charged with a crime which appears to have been committed during the interval between the date of his dismission and his actually joining the new body, but which did not come to light until after he had joined the new body, that body shall be empowered and bound to conduct the process against him. IV. No Presbytery shall dismiss a minister, or licentiate, or candidate for licensure, without specify- ing the particular Presbytery or other ecclesiastical body with which he is to be connected. CHAPTER XII. REMOVAL OF MEMBERS AND LIMITATION OF TIME. I. When any member shall remove from one con- gregation to another, he shall produce satisfactory testimonials of his church membership and dismis- sion, before he be admitted as a rcguLir uiem1)er of that church ; unless the church to wliicii he reuioves DISCIPLINE. 27 has other satisfactory means of information. If he be a parent, the certificate shall contain the names of his baptized children, who are members of his house- hold at the time ; which certificate shall be considered as transferring them to the care of the church to which the certificate is, addressed. II. No certificate of church membership shall be considered as valid testimony of the good standing of the bearer, if it be more than one year old, except where there has been no opportunity of presenting it to a church. III. When persons remove to a distance, and neglect, for a considerable time, to apply for testimo- nials of dismission, and good standing, the testimo- nials given them shall testify to their character only up to the time of their removal, unlass the judica- tory have good information of a more recent date. IV. If a church member has been more than two years absent from the place of his ordinary residence and ecclesiastical connections, if he apply for a certi- ficate of membership, his absence, and the ignorance of the church respecting his demeanor for that time, shall be distinctly stated in the certificate. V. Process, in case of scandal, shall commence within the space of one year after the crime shall have been committed; unless it shall have recently become flagrant. It may happen, however, that a church member, after removing to a place far dis- tant from his former residence, and Avhere his connec- tion with the 'church is unknown, may commit a crime, on account of which process cannot be insti- tuted within the time above specified. In all such cases, the recent discovery of the church membership of the individual, shall be considered as equivalent to the crime itself having recently become flagrant. The same principle also applies to ministers, if simi- lar circumstances should occur. GENERAL RULES FOR JUDICATORIES.* [The modifications and new rules are in italic] 1. The Moderator shall take the chair precisely at the hour to which the judicatory stands adjourned; shall immediately call the members to order; and, on the appearance of a quorum, shall open the session with prayer. 2. If a quorum be assembled at the hour appointed, and the Moderator be absent, the last Moderator pre- sent, as a member of the body, shall take his place, without delay. 3. If no previous Moderator be present, the quorum may proceed to designate one of their own number, to take the chair for a time. 4. If a quorum be not assembled at the hour appointed, any two members shall be competent to adjourn from time to time, that an opportunity may be given for a quorum to assemble. 5. At the first session of any judicatory, the roll shall be called, and carefully recorded; and members who come to take their seats afterwards, shall be mentioned on the minutes as they appear, and entered on the roll, with a figure, to indicate the day on which they appear. 6. The minutes shall be read at least orice a day, and, if possible, at the opening of each morning ses- sio7i, and corrected, as far as 7nay be requisite. 7. It shall be the duty of the Recording Cleric to Jceep all papers in perfect order, so that no delay may * '■^Resolved, 2. That this Committee be directed to report such amendments or alterations in the Rules of Order, as they may deem adapted to promote the dispatch of business in the Assem- bly." (Minutes of 18G1, p. 349.) RULES FOR JUDICATORIES. 29 he occasioned ivhen any one is called for^ or any pre- vious minute is required to be read, 8. It shall be his duty, also, to keep a docket, pre- pared from the beginning, with a full statement of business referred by a former Assembly, or left unfi7iished by a previous meeting; and keep an exact entry upon it of every item accepted for the consider- ation of the judicatory . 9. After the reading and approval of the minutes, at the morning session, the Moderator may call for papers and reports to be read, before any other j)ro- ceedings are had; and such papers and reports shall he put on the docket, as a matter of course, unless otherwise ordered by a vote. 10. Papers communicated in the ivay of overture, may be placed at once, without being read, and with- out formal motion, in the hands of the Committee on Bills and Overtures ; and an overture must be read to the judicatory, before it is referred, or in case the Committee fail or refuse to report on it, if required by one-third of the members. 11. Business left unfinished at the last sitting, is ordinarily to be taken np first. 12. It shall be the duty of the Moderator, at all times, to preserve order, and to endeavour to conduct all business before the judicatory, to a speedy and proper result. 18. It shall be the duty of the Moderator carefully to keep notes of the several articles of business which may be assigned to particular days, and to call them up at the time appointed. 14. The Moderator may speak to points of order, in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the judicatory by any two members. 15. No motioJi can be made while a member is speaking; but the Moderator may require the mem- 30 RULES FOR JUDICATORIES. her sjyeaking to desist for that time, when an order of the day, or the hour fixed for adjournment has arrived. 16. If more than one member rise to speak at the same time, the member who is most distant from the Moderator's chair shall speak first; and it shall be the duty of the Moderator always to announce the name of the member tvho obtains the floor. 17. When more than three members of the judica- tory shall be standing at the same time, the Modera- tor shall require all to take their seats, the person only excepted who may be speaking. 18. If any member act, in any respect, in a disor- derly manner, it shall be the privilege of any member, and the duty of the Moderator, to call him to order. 19. If any member consider himself as aggrieved by a decision of the Moderator, it shall be his privi- lege to appeal to the judicatory; and the question on such appeal shall be taken without debate. 20. Every member, when speaking, shall address himself to the Moderator, and shall treat his fellow- members, and especially the Moderator, with decorum and respect. 21. Without express permission, no member of a judicatory, while business is going on, shall engage in private conversation; nor shall members address one another, nor any person present, but through the Moderator. 22. No speaker shall be interrupted, unless he be out of order, or for the purpose of correcting mistakes or misrepresentations. 23. It is indispensable that members of ecclesiasti- cal judicatories maintain great gravity and dignity while judicially convened; that they attend closely, in their speeches, to the subject under consideration, and avoid prolix and desultory harangues; and when they deviate from the subject, it is the privilege of any member, and the duty of the Moderator, to call them to order. RULES rOR JUDICATORIES. 31 24. No member, in the course of debate, shall be alloAved to indulge in personal reflections. 25. No speaking shall be allowed, without a formal motion, unless it be merely for explanation, or privi- lege; and the extent of this, exception shall be deter- mined by the Moderator, if there he no vote of the judicatory to grant or refuse it. 26. A motion made must be seconded, and after- wards repeated by the Moderator, or read aloud, before it is debated; and every motion shall be reduced to writing, if the Moderator or any member require it. 27. Any member, Avho shall have made a motion, shall have liberty to withdraw it, with the consent of his second, before any debate has taken place thereon, but not afterwards, without leave of the judicatory. 28. 3Iotions to p)ut on the docket, to lay on the table, to take up business, and to adjourn, and the call for the previous question, shall be put without debate. On questions of order, postponement, or commitment, no member shall speak more than once. On all other questions, each member may speak twice, but not oftener, without express leave of the judicatory. 29. When a question is under debate, no motion shall be received, unless to adjourn, to put on the docket, to lay on the table, to postpone indefinitely, to postpone to a day certain, to commit, or to amend ; which several motions shall have precedence in the order in which they are herein arranged; and the motion for adjournment shall always be in order. 80. The vote shall always be on the amendment first, and on that of the second degree, before that of the first degree, and then on the original motion, as ametided or not. 31. An amendment may be moved on any motion, provided it be germane to that original motion ; and in like manner an amendment to the amend)nent may 32 RULES FOR JUDICATORIES. he moved ; hut no further complication in this way shall he pe7"mitted. 32. When a motion is made, of something not ger- mane to the original motion, hut contrary to it, or inconsistent with it, such motion must he considered a suhstitute, ajid may he read for notice, hut cannot he in order for dchate, unless preceded hy another motion to lay the original motion on the tahle; which must he put toithout dehatc. 33. If a motion under debate contains several parts, any two members may have it divided, and the ques- tion taken on each part. 34. An original ^notion, including amendments, if any, which have heen actually voted, hut excluding all pending amendments, that are not accepted hy the mover, or a suhstitute for such original motion, which has heen regularly accepted hy laying the original motion on the tahle, is called '■'■the previous ques- tion." 35. This previous question may he urged to final action at any time when the floor can he ohtaAned, hy a motion to that effect ; which motion, when seconded, shall he put without dehate, and may he carried hy a simple majority. 36. When a call for the previous question is sus- tained, on such a motion, the question must he dis- tinctly stated by the 3Ioderator, and then put to vote immediately; no other motion or call being allotved, except for a division of the question, or a record of the yeas and nays. 37. If the call or motion for the previous question he not sustained by a vote, the debate may proceed ; and if it be sustained, the action which follows on the main question shall not he called up again during the same sessions of the judicatory, unless hy consent of threefourtlis of the members present. 38. No question, once decided, tvhether in the way of adoption, or rejection, or postponement, shall -be reconsidered at the same sessions of the judicatory, RULES FOR JUDICATORIES. 33 unless hy consent of two-tliirds of the members jjre- sent, and unless the motion to reconsider be made and seconded bj persons who voted with the majority. 39. A motion to lay anything on the table, has the effect of removing it from further consideration at that time, and that stage of the business, but not so removing it that it may not be taken up at a subse- quent time, in the same sessions, by a majority of the members 'present. 40. Members ought not, without weighty reasons, to decline voting, as this practice might leave the decision of very interesting questions to a small pro- portion of the judicatory. Silent members, unless excused from voting, must be considered as acquiesc- ing with the majority. 41. The reading of any paper, or part thereof, which is under consideration of the judicatory, must be repeated, at the request of any member, unless objected to by the Moderator, or any other member; in which ease, it will require a vote, on regular motion, put without debate, to grant such a request. 42. When the moderator has commenced taking the vote, no further debate or remark shall be admit- ted, unless there has evidently been a mistake ; in which case, the mistake shall be rectified, and the moderator shall re-commence taking the vote. 43. When a vote is taken by ballot in any judica- tory, the Moderator shall vote with the other mem- bers ; but he shall not vote in any other case, unless the judicatory be equally divided; when, if he do not choose to vote, the question shall be lost. 44. The yeas and nays on any question shall not be recorded, unless it be required by one-third of the members present. 45. It is the duty of the moderator to appoint all committees, except in those cases in which the judicatory shall decide otherwise. 40. The number of any committee shall be fixed by a vote of the Judicatory; and standing committees 34 RULES FOR JUDICATORIES. shall he composed of ati equal 7iu77iher of ministers and ruling elders, if the number of ruling elders present he at least tivo-thirds as large as that of min- isters. 47. The person first named on any committee, shall be considered as the chairman thereof, whose duty it shall be to convene the committee ; and, in case of his absence, or inability to act, the second named member shall take his place, and perform his duties. 48. When various motions are made with respect to the filling of blanks with particular numbers or times, the question shall always be first taken on the highest number, and the longest time. 49. All judicatories have a right to sit in private, on business which, in their judgment, ought not to be matter of public speculation. 50. Besides the right to sit judicially in private, whenever they think it right to do so, all judicatories have a right to hold what are commonly called "interlocutory meetings," or a sort of committees of the whole judicatory, in which members may freely converse together without the formalities Avhich are usually necessary in judicial proceedings. 51. Whenever a judicatory is about to sit in a judicial capacity, it shall be the duty of the mode- rator, solemnly to announce from the chair, that the body is about to pass to the consideration of the business assigned for trial; 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 act. 52. In all process before a judicatory, where there is an accuser, or prosecutor, it is expedient that there be a committee of the judicatory appointed, (pro- vided the number of members be sufficient to admit of it without inconvenience,) who 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 judicatory, the whole order RULES FOR JUDICATORIES. 35 of the proceedings. The members of this committee shall be entitled, notwithstanding their performance of this duty, to sit and vote in the cause, as members of the judicatory. 53. But in cases of process on the ground of "gene- ral rumour," where there is, of course, no particular accuser, there may be a committee appointed, (if convenient,) who shall be called the " Committee of Prosecution," and who shall conduct the whole cause on the part of the prosecution. The members of this committee shall not be permitted to sit in judgment in the case. 54. No member shall retire from any judicatory without the leave of the moderator, nor withdraw from it to return home, without the consent of the judicatory. 55. The moderator of every judicatory, above the church session, in finally closing its sessions, in addi- tion to prayer, may cause to be sung an appropriate psalm or hymn, and shall pronounce the apostolical benediction. ^ ^ .urmoni- DATE DUE -^.-,„,_ CAYLORD PRINTED IN U S A.