constitutional. 3. The Session should be represented in Presbytery and Synod.

-4. A Session may not invite a minister to sit as corresponding member;

nor assign him as counsel for the accused.-5. No one not a member of the

judicatory may act as counsel.-6. A ruling elder has in no case a legal

right to adjudicate in a church other than that in which he is an elder.-7.

Session records to be sent up annually for review.-8. The Session has not

the power to introduce a new psalmody without the consent of the major

part of the congregation.-9. Where a minister is the accuser, a minister

should preside.-10. The Session cannot be set aside, and the right of ap-

peal denied by the act of the church. Nor would such attempt deprive

the church of its right to be represented by its elders in the judicatories of

the church.

PAGE

SECTION 2.-OF THE PRESBYTERY,

· 110

I. ITS MEMBERS.-1. Ruling elders in the absence of the pastor admitted.—
2. Ministers without charge are members of Presbytery.-3. An elder who
has retired is not entitled to a seat.-4. The Presbytery alone the judge of
the fitness of admitting a member.-5. A Presbytery may reject an appli-
cant for cause.-6. But not without sufficient reasons.-7. The Assembly
refuse to alter the rule.-8. Rule as to a member of an extinct Presbytery,
bearing a dismission to another. The Presbytery should receive him; but
if it refuse he may appeal to Synod, or to the General Assembly. Minutes
dismissed by an extinct Presbytery, and not received into any others, are
under the jurisdiction of the Synod.-9. Ministers and licentiates coming
from corresponding bodies, are required to answer the constitutional ques-
tions.-10. Ministers dismissed in good standing, should be received on
their testimonials.-11. It is the right of Presbytery to satisfy itself of the
soundness in the faith and good character of those who apply for admission.
-12. Examination made imperative in all cases-13. This rule declared
unconstitutional.-14. Rule as to the reception of foreign ministers. The
rule enforced. Decided that the year may be spent in different Presbyte-
ries.-15. Modification of the rule refused.

II. ITS JURISDICTION, p. 122.-1. The jurisdiction of the Presbytery ex-
tends over members who are non-resident within its bounds. May be
transferred to the Presbytery in whose bounds he lives. Chap. v, sec. 3, 4,
Book of Discipline does not transfer jurisdiction.-2. The Presbytery is the
proper court to try Ruling Elders, when the Session is incompetent to act.
-3. When ministers, churches, or church members, withdraw irregularly

to join other bodies, their names to be stricken from the roll, and notice

given.-4. When ministers withdraw from the work of the ministry, they

are to give their reasons, which the Presbytery must record, with its

approbation or disapprobation.-5. A minister who has withdrawn and

wishes to return, must apply to the Presbytery from which he withdrew.

-6. Leave to prosecute ministers of other Presbyteries, refused.-7. Juris-
diction over a deposed minister, is in the Presbytery which deposed him
-8. A minister having asked of his Presbytery a letter of dismission, is a
member of that Presbytery until received by another.

III. DISMISSION OF MEMBERS, p. 127.-1. When a Presbytery dismisses a

member it should specify particularly the body to which he is dismissed,

and the member dismissed is amenable to the body dismissing him, until

connected with the body he is directed to join.-2. The Presbytery may

not dismiss by a "standing committee."-3. Where sentence has been re-

versed, and trial not commenced within a certain time, a member may

claim a dismission in good standing.

IV. Boundaries, p. 128.-1. Should have geographical limits.-2. “Elective

affinity" condemned.-3. Exceptions allowed; permission withdrawn.-4.

Ministers living out of the bounds of their Presbyteries to show reason,

or be transferred to the Presbyteries within whose bounds they reside —5.

One Presbytery may not dismiss a church to another without the permission

of Synod.

V. MISCELLANEOUS, p. 132.-1. Presbytery to inquire into the fidelity of its
members.-2. A Presbytery, organized without the agency of Synod, recog-
nized.-3. Where a majority has withdrawn, duty of the minority.-4. Reso
lutions, excluding slaveholders from the pulpit and from communion, un-
constitutional.-5. To frame church covenants belongs to Presbyteries and
Synods.-6. Two clerical members are not a quorum.

PAGE

SECTION 3.--OF THE SYNOD,

.135

1. The Synod is a convention of Bishops and Elders.-2. Where a Synod has

failed to meet on its adjournment, the Moderator may fix the time and place.

Less than a quorum may adjourn from day to day.-3. Special or called

meetings of Synod are constitutional.-4. The Moderator has no power to

change the place of meeting.-5. A Synod may not refuse the members of

its Presbyteries.-Nor, 6. Order their erasure from the roll of Presbytery.

-7. The Synod may not act judicially on review, when there is no appeal

or reference before it.-8. The Records are to be sent up annually for

review.-9. The members of an inferior Judicatory may not vote on the

approval of their own Minutes.-10. When exceptions are taken to the

Records of inferior Judicatories, the exceptions should be stated, and the

reasons assigned.-11. Sessions on the Sabbath censured.-12. The Records

should state the ecclesiastical body to which a corresponding member be-

longs.-13. They should state that the meetings were opened and closed

with prayer.-14. The Minutes should be read and approved.-15. They

should be attested by the stated clerk.-16. A narrative of the State of Re-

B

ligion should be prepared and recorded.—17. Names of absentees should

be recorded.-And 18. Their reasons for absence called for.-19. Erection

of the Synods.-1. New York and New Jersey, 1788; 2. Philadelphia,

1788; 3. Virginia, 1788; 4. The Carolinas, 1788; 5. Pittsburg, 1802; 6.

Kentucky, 1802; 7. Albany, 1803; 8. Geneva, 1812; 9. North Carolina,

1813; 10. South Carolina and Georgia, 1813; 11. Ohio, 1814; 12. Ten-

nessee, 1817; 13. Genesee, 1821; 14. New York, 1823; 15. New Jersey,

1823; 16. Western Reserve, 1825; 17. West Tennessee, 1826; 18. Indiana,

1826; 19. Utica, 1829; 20. Mississippi and South Alabama, 1829; 21. Cin-

cinnati, 1829; 22. Illinois, 1831; 23. Missouri, 1832; 24. Chesapeake,

1833; 25. Michigan, 1834; 26. Delaware, 1834; 27. Alabama, 1835; 28.

Pennsylvania, 1838; 29. Newark, 1839; 30. New York and New Jersey,

1840; 31. Peoria, 1843; 32. West Pennsylvania, 1843; 33. Wabash, 1851;

34. Iowa, 1853; 35. Susquehanna, 1853; 36. Onondaga, 1855; 37. Wis-

consin, 1857; 38. Alta California, 1858.

PAGE

SECTION 4.--OF THE GENERAL ASSEMBLY,

. 155

1. Formation of the Assembly by the General Synod.—2. Organization of the

General Assembly. Time of meeting. Mode of procedure. Committee

on commissions. Standing committee, consisting of the stated and perma-

nent clerks.-3. Commissioners from new Presbyteries required to give

satisfactory proof of the regular organization of their Presbytery.-4. Ratio

of representation. Fourteen commissioners, of whom seven must be minis-

ters, constitute a quorum. Style and title: THE PRESBYTERIAN CHURCH IN

THE UNITED STATES OF AMERICA.-5. Where a Presbytery sends more

than its proportion of commissioners, the last elected are refused.-6. Such

commissioners only should be elected as will remain throughout the ses-

sions.-7. In case of the defect of a commission, or its absence, the usage.

8.-Principals and alternates, former usage; present rule, that they shall

not resign their seats to each other.-9. Commissioners under the Plan of

Union. Admission of committee men, not ruling elders, discountenanced.

10. Corresponding members. Ministers casually present not to be invited

to sit. Delegates from corresponding bodies have the right to deliberate,

but not to vote. The secretary of any of the Assembly's committees has

the same privileges as a corresponding member, when the business of his

committee is under consideration; also, the stated and permanent clerks, in

matters pertaining to their official duties.-11. Mode of choosing the mode-

rator of the Assembly.-12. Rules of the General Assembly. Address of

the moderator to his successor.-13. The moderator has no other than the

casting vote.-14. Communications to the Assembly through the moderator.

-15. The phrase, "last moderator present," construed literally.-16. The

stated clerk. Appointment. Duties: To publish the Minutes, and to have

charge of all the documents of the Assembly. To notify Presbyteries as to

delinquent commissioners. His salary.-17. Permanent clerk. Appoint-

ment and duties.-18. Temporary clerks. Choice of clerks not limited to

members of the Assembly.-19. The standing committees, i. e., those ap-

pointed at the opening of each Assembly, and their duties. I. Committee

on Bills and Overtures. II. Judicial Committee. III. On the Polity of the

Church. IV. On Church Extension. V. On Education. VI. On Publi-

cation. VII. On Devotional Exercises. VIII. On the Narrative. IX. On

Leave of Absence. X. On Mileage. XI. On Foreign Missions.-20. The

Commissioners' Fund. How distributed. Plans devised and adopted.

The present plan.-21. Contingent Fund. Design of.-22. Publication, dis-

tribution, and price of the Minutes.-23. Charter of the Presbyterian Church

in the United States.-24. Mode of electing Trustees, and Rules of Inter-

course.-25. Powers of the General Assembly.-26. The Assembly will

not ordinarily decide questions in thesi.

PAGE

. 191

CHAPTER VI.

OF DISCIPLINE.

SECTION 1.-GENERAL PRINCIPLES,.

1. Censure without trial informal, as also in the absence of the party. Names
should not be connected with charges without evidence and intent to prose-
cute. To circulate evil reports, not in the way of duty, is slander. Minis-
ters may not be excluded from the pulpit, nor members from the commu-
nion, without trial and conviction.-2. The charges must be specific. All
charges for heresy must be as definite as possible.-3. The Constitutional
Rules must be observed. Cases cited. An appeal may not be sustained,
when due notice has not been given. Evidence of notice. Where there is
no reference or appeal, a judicatory may not try on review. Unconstitu-
tional action to be reversed. An order for a new trial does not restore the
defendant.-4. The authority for administering judicial oaths by the mode-
rator of a session.-5. Testimony in a judicial case should be under oath.
—6. A husband and wife may both be witnesses in a case affecting either,
but great caution is to be observed, to guard against collusion.-7. The
accused should be present at the trial. Where he has excused himself by
letter for non-attendance, he is not contumacious.-8. A sentence dispro-
portioned to the crime will not be sustained, nor where the charges are not
fully supported. New censure may not be passed without a new trial.-9.
Suspension from the ministry. I. During process, where the charges are
heinous. II. For a specified time.-10. Restoration to communion does not

restore a suspended elder to his office. He can be restored to office only

by an express act of the Session, and the acquiescence of the Church.—11.

A suspended minister is not to be regarded as possessing the rights of a

private Christian in good standing.-12. Deposition and excommunication

are distinct acts, and to be inflicted by the Presbytery.-13. If a deposed

minister persist in exercising the ministerial functions, his name is to be

published.-14. Refusal to submit to sentence, bars the right to petition.—

15. But does not invalidate the sentence.-16. A Presbytery is censured for

restoring a man without due evidence of his repentance.-But, 17. When

once restored, he can be deprived of office only by a new process and con-

viction -18. New trial may be had on the discovery of new evidence. If

it seem desirable for a court to review its own decisions, it should refer the

case to the next higher judicatory.-19. A Synod corrects its hasty action,

and is sustained, but a judicatory may not call back a case after an appeal

has been taken.-20. The accused on trial has no right to introduce testi-

mony inculpating others not on trial.-21. The Assembly cannot reverse

the judicial acts of a former Assembly, unless in case of error.-22. The

decisions of the superior courts are binding on the inferior.-23. The judi-

cial sentences of sister Churches are to be respected.

PAGE

SECTION 2.-OF APPEALS,

.209

"-2. The right

1. An appeal defined and distinguished from a complaint."

of appeal is limited to the original parties.-3. Limitation of time. Must

be prosecuted at the first ensuing meeting of the judicatory, appealed to,

or the sentence will be confirmed. Personal attendance is not essential.-

4. The appeal must be lodged with the clerk, on the first or second day of

the sessions of the court appealed to.-5. Due notice must be given of the

intent to appeal.-6. On the failure of the inferior judicatory to send up their

records and copies of the testimony, the appeal was sustained.—7. An

appeal postponed, where the appellant failed to give notice to the court

appealed from.-8. The case may be postponed at the instance of the

appellant.-9. May an appeal be carried over the next higher court?

Various decisions. General principle.-10. The best evidence the case

admits of required, and in all trials, this is the record of the judicatory which

tried the case.-11. A copy made by the appellant not admitted as suffi-

cient.-12. Neglect of the inferior judicatory shall not harm the appellant.

-13. Testimony not on record may be received by agreement.—14. Leave

to introduce testimony going to show that the appellant has not submitted

to the sentence of the court, refused.-15. An appeal arrests all further

process until it is issued.-16. But does not arrest the sentence, where the

delay is asked for by the appellant.-17. No one may sit on the trial who

was a member of the judicature when the vote appealed from took place,