PRES - 'YTFRIAX. 7 1;AN)ER & ' ADVOCATK
Pr•sbyterlast Bangor. Vol. In. /0. 49.
Prisbytorleut Adv.:mat% Vol. Xis ■o. 44.1
DAVID AIcHINNEY, Editor and Proprietor.
SREB.-IN ADVANCE.
Vortrg.
A Hymn of Youth.
The Summer in, all its glory
Is passing from us away ;
The splendor of noontide is waning—
All surely—and day by day.
The verdure of Springtime hash vaniehed ;
'T le gone, and we see it no more ;
The smile of its gladness is wasted—
That smile whioh its joyousness wore.
The flowers of the woodland are withered;
Their fragrance is wafted away ;
All hushed is the song of the wild.bird—
All silent its warbling lay.
So, gone is the gladness of childhood,
ratortflts.mirth,;},
All buried the dreams of its fancy,
Gay fancies which fade at their birth.
The reaper path rested his sickle;
The days of hie harvest are past;
And, sheltered full safely and garnered,
The golden grain lieth at last,
And 101 the forest is changing
The depth of its foliage shade;
The grandeur and brightness of Summer
Departeth from hill-side and glade.
So Youth, the Summer of lifetime,
Is passing all from us away;
The pride of the young heart is waning,
So surely—and day after day.
But ah•l hath the harvest been gathered—
,. The harvest of goodness and • truth ?
Or staudeth it off and ungarnered,
Beneath the full gaze of our youth?
Hath the mind, that great store-house, been
filled
With food for the Winter of Age ?
With food for those years when the duties
And strife of full manhood engage ?
Then, be it so; heap we up now
Treasure which ne'er shall decay;
For Youth, the bright Summer of lifetime,
Noiselessly goeth its way.
Revised Book of Discipline.
PREPARED BY THE commyrrEm OP THE GENERAL
ASSEMBLY, AUGUST, UN.
[PUBLISHED BY REQUEST OF THE COMMITTEE.]
CHAPTER, I.
Dkeipdine, its Nature, Wed, and the Persons
subject to it.
I. Disciipline is the exercise of that an•
thority, and the application of that system
of laws, which the Lord Jesus Ohrist hath
appointed in his Church. Its ends are the
rebuke of offences, the removal of scandal,
the vindication of the honor 'of Christ, the
promotion of the purity and general Odifica
tion of the Church and , the spiritual good
of offenders theinselves.
11. An offence, the proper object of dis
cipline, is anything in the faith or practice
of a professed believer which is contrary to
the Word of God; the Confession of Faith
and the Larger and Shorter Cateohisms of
the Westminster Assembly, being accepted
by the Presbyterian Church in the United
States of Almeria& as standard expositions of
the teachings of Scripture in relation both
to faith and practice.
Nothing, therefore, ought to be consid
ered by any Judicatory as an offence, or ad.
milted as matter of accusation, which can
not 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.
111. All baptized persons, being members
of the Church, are under its government
and training, and when they have arrived at
years of discretion, they are bound to per
form all the duties of members. Only
those, however, who have made a profession
of faith in Christ are proper subjects of ju
dicial prosecution.
CHAPTER H
Of Offanco.
I. Offences are either personal or general,
private or public.
11. Personal offences are violations of the
Divine law considered in the special relation
of wrongs or injurieb to particular individ
uals. General offences are heresies or im
moralities, having no such relation, or con
sidered apart from it. All personal offences
are, therefore, general; but all general
offences are not personal.
111, Private offences are those which are
known only to one or a few persons. Pub
lic offences are those which are notorious.
CHAPTER M.
Of the Porgies in Cases of Process
L In the ease of personal offences the
injured party can never be a prosecutor
without having previously tried the means
of reconciliation and of reclaiming the
offender required by Christ.—Matt. svm :
15, 16. A Church Court, however. may
judicially investigate them as general offences
when the interests of religion seem to de
mand it. Neither in the ease of private
offences can those to whom they, are known
become accusers without having 'previously
endeavored to remove the scandal by private
means.
11. General offences may be brought be
fore a Judicatory either by an individual or
whn appear as accusers, and
underaike to substantiate the charge; or by
common fame.
lIL .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, how.
ever, in which it will better promote the in
terests of religion to send a committee to
converse in a , private manner with , the
offender, and to endeavor to bring him to a .
sense of his guilt than to institute actual
process.
IV. In order to reqer an offence proper
for the cognizance of a Judicatory on the
ground of common fault, it must first be
determined that a comlon fame really
exists; and no rumor is ‘t,o be eonsid.
ered as such unless tt specify, some par
ticular sin or sins, is widely spited, puler.
ally believed, and accompanied with strong
presumption of truth.
V. It may happen, however that eon
sequence of a report which does not fly
amount to a general rumor as just described
t.
a slandered individual may 'request a jndi•
oial investigation, which h may be the duty
of the Judicatory to institute.
VI. In all cases of prosecution on the
graund of common fame, the Judicatory
way apphint one or more individuals, being
communicating members of the Church,
subject to the jur sdictiou of the same
Court with the acoused, to represent common
fame.
VlI. The original and only parties to a
trial are the accuser and the accused, and
in oases of prosecuti .n by common fame,
common fame, or the person representing it,
is the accuser, and has, in ail the Courts,
all the rights of an original party. These
patties, in the appellate Courts, are known
as appellant and appellee.
VIII. Great caution ought to he exercised
in receiving accusations from any person
who is known to indulge a malignant spirit
owar., t, , e a used who is not .;of good
•tlifffArritiltr 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.
I. When a process has been determined
on, no more shall be done at the first meet
ing of the Judicatory, unless by consent of
parties, than to give the accused a copy of
tacit obarge, with the names of the wit•
nesses then known to support it, and to cite
all concerned to appear at the next meeting
of the Judicatory, to have the matter fully
heard and decided. Notice shall be given
to the parties and the witnesses at least ten
days previously to the meeting of the Judi
catory. At the second meeting of the
Judicatory, the aocused shall plead in writing
to the charges; and if he fail to do so, at
the third meeting of the Judicatory they
shall be taken as confessed, provided he has
been duly cited.
11. The citations shall be issued and
signed by the Moderator or Clerk, by order
and in the name of the Judicatory. He
shall also issue citations' to such witnesses as
the accused shall nominate, to appear on his
behalf.
111. In exhibiting charges, the times,
places, and circumstances should, if possible,
be particularly stated, that the accused may
have an opportunity to prove an alibi, or to
extenuate or alleviate his offence.
loNE
IV. When an accused person refuses to
obey the citation, he shall be cited a second
time, and this second citation shall be ac
companied with a notice that if he do not
appear at the time appointed, be shall be
excluded from the communion of the Cburch
for his contumacy until he repent, and that
the testimony will be taken and the case ad
judicated as if he were present; and if he
should not appear, the Judicatory shall ap
point. some person to represent him, and
proceed according to the notice. The per
son representing° him, if a member of the
Court, shall not be allowed to sit in judg
ment on the case.
V. The time which must elapse between
the first citation of an accused person and
the meeting of the Judicatory at which he
is to appear, is at least ten days. But the
time allotted for his appearance on the sub
sequent citation, is left to the discretion of
the Judicatory ; provided always, however,
that it be not less than is quite suiTteient for
a seasonable and convenient compliance with
the citation.
VI. Judicatories, before proceeding to
trial, ought to ascertain that their citations
have been duly served, and especially before
they proceed to ultimate measures for con
tumacy.
VII. The trial shall 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 at.
tend; and he shall be permitted to cross
examine them, and to ask any questions
tending to his own exculpation.
VIII. The accused, if found guilty, shall
be admonished or rebuked, or excluded from
Church privileges, as the ease shall appear
to deserve, until he give satisfactory evi
dence of repentance.
IX. The judgment shall be regularly en-.
tered on the records of the Judicatory, and
the parties shall be allowed copies of the
whole proceedings, at their own expense, if
they demand them ;. and in case of the re
moval of
,the cause to a higher Court, the
lower Judicatory shall send a complete, au
thenticated copy of the whole record to the
higher Judicatory.
X. The sentence, if it is thought expe
dient to publish it, shall be published only
in the church or churches which have been
offended; otherwise, it shall pass only in
the Court.
XL Such gross offenders as will not be
reclaimed by the private or public admoni
tions of the Church, are to be out off from
its communion, and:treated as heathen men
and publicans, agreeably to our Lord's di
rection.—Matt. xviii : 17.
XII. As oases may arise in which many
days, or even weeks, may intervene before
it is practicable to commence process against
an accused church member, the Session
may, in such cases, if they think the edifi
cation of the church requires it, prevent
the accused from approaching the Lord's
table, until the charges against him can be
examined. In ease a party accused shall
absent or secrete himself, so that process
cannot be served on him, the Judicatory
shall enter on its record that fact, together
with the nature of the offences charged,
and shall suspend the accused from all.
Church privileges, until he shall appear be
fore the Court, and answer to the charges
against him.
XIII. No professional counsel shall be per
mitted to appear and plead in cases of process
in any of our Ecclesiastical Courts; but an
accused person may, if he desires it, be rep
resented by any communicating member of
the Church, subject to the jurisdiction of the
Court before which he appears. The'person
so employed, if a member of a Cenrt, shall
not be allowed, after pleading the cause of
the accused, to sit in judgment upon the
ease.
XIV. Questions of order, which arise in'
the course of process, shall be decided by
the Moderator. If an appeal is made from
the chair, the question on- the appeal shall
be taken without debate. Decisions on
points of order shall be recorded, if either
party shall desire it.
XV. The record of the proceedings, in
oases of judicial process, shall exhibit not
. only the charges, specifications, and sentence
"ONE THING IS NEEDFUL:" "ONE THING HAVE I DESIRED OF THE LORD:" "THIS ONE THING I DO."
CHAPTER IV.
Of Actual Process
PUBLICATION OFFICE, GAZETTE BUILDING, FIFTH STREET, ABOVE SMITHFIELD, PITTSBURGH, PA.
FOR THE WEEK....ENIDIENG SAT . IpRDAY, AUGUST 28, 1858.
of the Court, hut all the testimony and. all
the circumstances which had an influence
• not
contained
its judgment; and nothing which is _not,
contained in the recordshall be' taken it , to
consideration in reviewing the p . receedirana'
in a higher Court.
CHAYTER,V: . •
Of Process Against, a Bishop or Minister,
I. As the honor and Success of,tbe Gospel .
depend, in a great measure, on the character,
of its ministers, each Presbytery ought; with
the greatest care and impartiality, to watch
over the personal and professional conduct
of all its members. But as, on the , one
hand, no minister ought, on accqunt of his
office, to be screened from the hand of jib
tied, nor'his offences to be slightly censured ;
so neither ought scandalous charges to be
received against him, by atiy, Judicatory, on
slight grounds.
- a Process against a Gospel minister
!shall at,Waya be entered h'eifore th - 0 7 Piesby:
itArtif`whielrlig 16 tiliretilicit." j Allirib ,
same candor, caution, and general method,
substituting only the Presbytery for the
Session s are to be observed in investigating
charges against him, as are prescribed in
the case of private members.
111. if it be found that the facts with
which a minister stands charged happened
without the bounds of his own Presbytery,
that Presbytery .shall send notice to the
Presbytery within whose 'bounds they , did
happen ; and desire them either (if within
convenient distance) to cite the witnesses to
appear at the place of trial; or, (if the
distance be so great as to render that incon
venient,) to take the examination them
selves, and transmit an authentic record of
their testimony; always giving due notice
to the accused person of the time and place
of such examination.
IV. Nevertheless, in case of a minister
being supposed to be guilty of a crime or
crimes, at suoh a distance from his usual
place of residence as that the offence is not
likely to become otherwise known to the
Presbytery to which he belongs, it shall, in
such ease, be the duty of the Presbytery
within whose bounds the facts shall have
happened, after , satisfying themselves that
there is probable ground of accusation, to
send notice to the Presbytery of which he
is a member, who are to proceed against
him, and either send and take the testimony
by Commissioners appointed by, themselves,
or request the other Presbytery to take it
for them, and transmit the same properly
authenticated.
V. Process against a Gospel minister shall
not be commenced unless some person or per
sons undertake to take out ,the charge ; or
unless common fame so loudly proclaims the
scandal that the Presbytery find it necessary,
for the honor of religion, to investigate the
charge. Nevertheless, each church Court
has the inherent power to demand and re
ceive satisfactory explanations from any of
its members concerning any matters of evil
report.
VI. As„the success of the Gospel greatly
depends upon the exemplary character of its
ministers, their soundness in the faith, and
holy conversation; and, 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 knows a minister to be guilty of a pri
vate, censurable 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 bishop
of the Presbytery for his advice in the case.
VII. The prosecutor of a minister shall
be previously warned that if he fail to show
probable cause of the charges, he must him
self be censured as a slanderer of the Gospel
ministry, in proportion to the malignity or
rashness that shall appear in the prosecu
tion.
VEIL When complaint is laid before the
Presbytery, it must be reduced to writing;
and nothing further is to be done at the first
meeting, (unless by consent of parties,) than
giving the minister a full copy of the charges,
with the names of the_witnesses then known;
and citing all parties, and their iitnessesifio
appear and be heard at the next meeting;
which meeting shall not - be sooner than ten
days after such citation.
IX. At the next meeting of' the Presby-
tery, the charges shall be read to him, and
he shall be called upon to say whether be is
guilty or not. If he confess, the Presbytery
shall deal with him according to their dis
oration ; if he plead and take issue, the trial
shall proceed. If found guilty, he shall be
admonished, rebuked, suspended" from the
ministry, deposed with . or without depriva
tion of church privileges, or excommuni
cated, as the Presbytery shall Aeem fit.
X. If a minister, accused of atrocious
crimes, being twice duly cited, 'shall refuse
to attend the Presbytery, he shall be imme
diately suspended. And if, after another
citation, he still refuse to attend, he shall
be deposed as contumacious, and suspended
or excommunicated from the Church.
XL Heresy and schism may be of"such a
nature as to infer deposition; but errors ought
to be carefully considered; whether they
strike at the vitals of religion, and are indus
triously spread ; or, whether they arise from
the weakness of the human understanding,
and are not likely to do much injury.
XII. If the Presbytery find, on trial, that
the matter complained of amounts to no more
than such acts of infirmity, as may be amend.
ed, and the people satisfied ; so that little or
nothing remains to hinder his usefulness,
they shall take all prudent measures to re
move the offence.
XIII. 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 exemplary, 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 favor, and demand his resto
ration. •
XIV. As soon as a minister is deposed,
his congregation shall be declared vacant;
but when be is suspended, it shall be left to
the discretion of the Presbytery whether his
congregation shall be declared vacant.
CHAPTER VI.
Of Cases without Process
I. There may be cases in which the guilt
of an individual is c.mspiouous or manifest,
his offence having been committed in the
ptesence of the Court, or in which a trial is
rendered unnecessary by the confession of
the party; in such oases judgment, may be
rendered without process.
IL There being in these Wes no accuser,
should the sentence be appeited from, some
communicating member of the church, sub
jact - to the jurisdiction of the, same Court
with the appellant, shall be appcinted to de
fend the sentence, and shall be the appellee
in' the case. communicating
member
cases in which a cbraniunicating
member of the Church shall e state in open
Court that he, is persuaded in conscience that
he is not converted, and has no right to
come to the Lord's table, said desires. to
withdraw from the commi:don of the
Church, if he bas committsd no
.offense
- which requires process, •his Same shall be
erioken from the roll of comfunieants,land
th e fact, if deeded expfulienVpublished in
the congregation of whieh 4 is a member.
CHAPTER. Vii`..
Of. Witneases.•
L Judiiiatories Ought to ,he very careful
and impartial in receivin Simony. All
.
~ p eoptimre,notv , _ ktnessea; a
a l who are compe ent nd,
t dl4 — ' 4l "'
are.no . ere ,
'IL All persons, whether parties Orether
wise, are competent witnesses, eieept Bubb.
as do not believe in the eXistence.of God, or
a futura state of rewards_And punishments.
Either party has a right to eln.llenge a wit
ness whom he believes to le ineotniietent,
and the Court shall eiaroine and decide 'up
on his cotopetency.
111. The cre4ibility of a witness,ier the
degree of credit due to his testimony, may
be affected by relationship to any, of the par
ties; by'interest in rhe result of the trial;
by want of proper age ; by weakness of un
derstanding; by infamy of character; by
being: under Church censure; by general
rashness, indiscretion, or malignity, of char
acter.; and by whatever eircumsta,nees ap
pear to the Judicatory to affect his veracity,
his Inowleddi or' his interests in-the ease
on trial.
IV. A husband or wife shall not be com
pelled to bear testimony against each other
in any ;indicatory.
V. The testimony of more than one wit
mess is necessary in order to-establish any
charge ; yet if several credible witnesses bear
testimony to different similar acts, or to con
firmatory circumstances, belonging
,to the
same general charge, the crime shall be con
sidered as Faired.
VI. No 'witness, afterward to bet exam
ined, except a member of the Jiidicatory,
shall be present during the examination of
another witness on the same ease, Unless by .
consent of parties.
VII. To, prevent confushm, witnesses
shall be examined first' by' the'party intro
ducing them; then cross-examined by 'the
opposite parry.; after which any member of
the Judicatory, or either party, may put ad
ditional ioterrogatories. But no question
shalt be put or answered; except by p emiis
don of the Moderator; and the Court shall
not permit frivolous questions, or questions;:
irreleyant to the charge at issue.
VIII. The oath or affirmation to a-wit
nese, shall be administered
,by the Modera
tor, in the following or like terms You
solemnly promise, in the: presence of the
omniscient and heart-searching 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 'yea shall
answer it to the great Judge of quick and.
dead." If, however, at any, time, it witness
should present himself before a Judicatory,,
who, for conscientious 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 required, be reduced to writing; When.
answered, it shall, together with the answer,
be recorded, if deemed by either party of
sufficient importance.
X. The records of a Judicatory, or any
part of them, whether original or trans
cribed, if regularly authenticated by the
Moderator and Clerk,, or either of them,
shall be deemed good and sufficient evidence
in every other Judicatory.
XL. In like mann !r, testimony taken by
one Judicatory, and regularly certified, shalt
"be received by-every other Judicatory, as no ,
less - valid than if it had been, taken by them
_
selves. '
XII. Cases may arise in which it is not
convenient for a Judicatory to have the
whole, or, perhaps, any part of the testimony
in a particular cause, taken in their presesee.
In this ease Commissioners shall be appoint
ed to take ;he testimony in question, which
shall be considered as if taken in the pres
ence of the Judicatory : of which Commis
sion, and of the time and place of their
meeting, due , notice shall be given the oppo
site pa rty, that he might have an opportu
nity of attending. And if the accused shall
desire on his part to take testimony at a dis
tance, for his own exculpation, he shall give
notice to the Judicatory of the time and
place when it ie proposed to take it, that, a
commission, as in the former case, may be
appointed for the purpose.
XIII. When, the witnesses shall have
been examined, the parties shall then be
heard to any reasonable extent.
XIV. A member of the Judicatory may
be called upon to bear testimony in a case
which comes Wore it. He shall be qualified
as other witnesses are; and, after haring
given his testimony, , he may immediately
resume his seat as a member of the Judica
tory.
XV. A member of the church summoned
as a witness, and refusing to appear, or, hay
ing appeared; refusing to give testimony,
may he censured fOr contumacy, according
to the circumstances of the case.
XVI. The testimony given by witnesses
must be faithfully recorded and read to them,
for their approbation or subseription.
XVII.' If, in the prosecution of an ap
-1 peal, new testimony is offered, which, in the
judgment of the appellate Court, has an im
portant bearing on the case, it shall be com
petent in 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.
CHAPTER. VIII.
Of the various wage in which a Cause may be carried
from a Lower to a Higher Judicatory.
I. In all governments conducted by men,
wrong may be dorte, from ignorance, from
prejudice, from malice, or from other causes.
To prevent the continued existence of this
wrong, is one great design of superior Judica
tories. And although, there must be a last
resort, beyond which there is no appeal, yet
the security against permanent wrong will be
as great es the nature of the :ciao admits,
when those:who had no concern in the.origin
of the proceedings, are brought to review
them, and to annul or con firm them, as.they
see cause; when a greater number of (icon
selors 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.
If. Every kind of decision which is formed
in.any church judicatory, except the high
est, is subject to the review of a superior Ju
dicatory, and. maybe carried befere it in one
or the other' of the four following ways, to
wit: general review and control; reference,
appeals, or complaints.
111. When a matter is transferred in any
of these ways from an, inferiors to a superior
Judicatory, the inferior. Judicatory shall, in
no ease, be "considered a party ; noeshall its
members lose their. right , to•sit, deliberate,
and vote in the higher Courts.
SECTION
General Review and Control.
I. It is the duty nf, every Judicatory above
r- n 4 I F7LIM
ettr, e
w-chaich Scission, at least once a ; to. re
vietr ienorqs• of 'the
Judicatory next - blow. 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'particilar time, as circumstances may
require. •
Inreviewing the•records of aninferior
Judicatory, it ia proper to •examine, Fits;
Whether the proceedings have been consti
tutional and regular Secondly, - Whether
they have been wise, equitable, and - for the
edification of the' Church : Thirdly; Whether
they hive been .correctly recorded.
In most cases, •the superior. Judica
tou may be considered as fulfilling its duty,
by simply recording, on its own Minutes, the
animadversion or censure which it may think
proper to pew on 'records imderrevie* ; and
alse by •making an entry of the same in. the
book reviewed. But it may be:that, in the
Course of review, cases of irregular, proceed
ings may be found so , disreputable and inju
rious is to - demand the interference of the
superior Judicatory. In came of this kind
the inferior Judicatory may be required to
review and correct its proceedings.
iy. 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 neg
lect heretical opinions •or corrupt praptices
may be allowed to gain ground; or offenders
of a very gross character mey.be suffered to
escape; or some circumstances in' their pro
ceedings, of. very greatirregularity, may not
be distinctly •recorded by them. In any of
whichr cases, their records will by no means
exhibit to the superior Judicatory a full view
Of their • proceedings. If, therefore, the
superior Judicatory be well advised, by con.
m,on (ante, that such neglects or irregulari
ties have occurred on the'part of the inferior
Judioatory, 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 be'eli'reorded, and
thus`•brought up by the review of the -re
cords. . ,'? - ,
VI. When any , important delinquency, or
grossly unconstitutional' proceecling,'appear
iv , the . records of any Judicatory, or are
charged against them ,by common fame, or
by a meniorial, with or without protest, the
first step to be taken by the" Judicatory next
above,' if- it is thought expedient to proceed
at all, is to cite the Judicatory alleged to have
offended, to appear at a specified time and
place, and to - show whatit heedone, or failed
to do in the ease in question ; after which
the* Judicafory thus issuing the citation, shall
remit the Whole `Matter to the delinpient
judicatory, with a direction to take it up,
and . dispose of it in a constitutional inaener,
or stay all further proceeding in the case,
as circumstances may, require.
SzeTzoici
Of ReferetiCm.
I. A reference is a' judicial representation,
made by an inferior Judicatory to a superior,
of, a matter not, yet decided; which re;
presentation ought always. to be in, writing„
11. Cases which are new, important, diffi
-of -pcuuliar delicacy, ,' the - decision of
which inay establishPrinoiples of precedents
of extensive influence, on which the
meats of the inferior Judicatory, are greatly
divided, or, on which,, for any reason,, it is
highly deairable that a larger body lihould
first decide, , are proper subjects of ref e rence.
'References . are either for mere advice,
preparatory' to-a decision by :the inferior. Ju
dicatory; or for ultimate trial and decision
by the superior. .
IV. In the former case,., the , reference
only susiencli`the deeiiion of the jndicatory
from which it' comes, in the litter 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
oases, as before stated, be highly
, roper;
yet it is, generally speaking; more conducive
to the public 'good,- that •eiteh Judicatory
should fulfill ita duty by exereisineite judg
ment
VI. Although a reference ought, generally,
to procure advice froth the superior train
tory; Yet that 'Judicatory 'is not necessarily
bound to give a final judgment ' in the 'case,
even if requested to do so , ; but may remit
the whole cause, either, with t)r. without ad
vice, back to the Judicatory by whits!' it was
referred:
VII. Refereneea are' generally 'to be
carried to the JudiCalory immediately an•
perior.
VIII. In oases of 'reference, the . Judica
tory referring. ought to have all the testi
mony, and other, doeumenta,,duly prepared,
produced, a nd i in perfect readiness; so that
the Superior Judicatory may be able to onn-
Bider and issue the case 'with 'as little diffi
onliy or dela,y as possible.
BIitITION - LIE
Of Appeals.
I. An appeal is the removal
? f case, al
ready decided, from an inferior to a itiperior
Judicatory, 'the peculiar effect of Which in 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:-Ist. In all judicial. cases, , by the
party 'to the cause, against, whom the de
cision is made. 2d. In all other cases, when
the adieu or decision of the Judicatory has
inflicted an . injury or wrong upon any party
or persons, he An they may appeal; and when
said decision or,action, though not inflicting
any personal Injury. or wrong, may, never
th#Bool,l, Riot -directly,,, °T 1 1 AM
gnomes, , greatgeneral ,injury} any ,minerity
of the Judiiiatoty may appeal.
11. In cases of jndisiial process, those who
have not submitted to a. regular trial are, not
entitled to appeal.
111. Any irregularity in the proceedingi
of the inferior Judicatory; 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' case; and mistake or iojiiitice in the
deoision—are all'proper gioands of appeal.
:IV. Every appellant is batid , to-give no
tice of his intention to appeal,and,alse to lay
the reasons thereof, in writiog, before the
judicatory' appealed from, ither before its
rising, or'within ten'daYs'thereafter. - If this
notice, or. thelle reasone, be ricit`given - to the
Judicatory while in session, they shall;be
lodged with the Moderator or Stated Clerk.
V. Appeals are generally to be carried in
regular gradation; frOM an inferior
tOrY to:9I9,4ohtt.O.YPtIPPAP.T.
VI. The appellant shall lodge his appeal,
and thP reasons 4,witiktke Cilerk of the
higher Judicatory, before the Cl i me 'Of` the
second day of their 'session; and the 'aPpear-
Sine of the appellant and appellee :'shall 'be
either personal or in writing,.
VII. In talring,np au appeal in judicial
eases, after ascertaining .that the appellant,
on his part, has conducted it regilarlp, the
first step shall be to ieidnil reeords in
the ease from the beginning ; 'the second, to
hear;the. parties, first the appellant, , then the
appellee; .thirdly,,the roll shall he called,
and the final vote taken. In all appeals
(memo not judicial, the order er_prodeeding
shall be the same as in Gatti oflcoMplaints,
substituting appellant for complainant;
VIII. The.parties denominated, appellant
and appellee are the accuser and ,
accused
who commenced process. The;appellant,
Whether originally accuser 'or 'aeouied, the
party that makeathenppealv the appellee,
whether, originally. accuser or accused,,is the
party to whom .the, decision appealed from
has been favorable:
IX The decision may be either to confirm
or reverse, in Whole, in'pert, 'the decision
of the inferior judicatory; or to remit the
cause, for the purpose of amendieg the -re-
Cord, should it appear to be incorreot l or de
fective •or for a new-trial: ,
X. If an appellant, after, entering his, ap
peal to a superior Judicatory, fail to prose,
cute it, it shall be considered ail abandoned,
and the sentence , appealed from shall be final.
4nd an appellant shall be considered as
abandoning his appeal, if, he, do not appear
before the Judicatory appealed 4 to, on the
first or second day of its meeting, next en
suing the date of his notice of appeal.,„ Ex
cept in cases in which the, appellant can
make it appear that he was prevented from
seasonably, prosecuting ;his appeal by' the
providence of G -god,
XI.. If, an appellant is found to, manifest
a litigious or other unchristian spirit, in the
prosecution of his appeal,, shall be
censured according to. the degree of
offence;
XII. The necessary operation of an ap
peal is to suspe nd all farther Mete!lin et
go:
the ground of 'the sentence appealed dose.
But if , a _ sentence , -of suspension or excom
munication from church priilleges,pr of de
position from office be the sentence appealed
from, it shall be considered as , in force until
the appeal shall be issued.
XIII. It shall always be deemed the duty,
of the Judicatory, whose judgment; is ari•
pealed from, to send authentic,copies pf
,01;
their records, and of the Whole t estim ony
relating to the matter of the appeal.: And
if any Judicatory shall neglect - its duty
this respect, especially, if thereby an appel
lant, who has conducted''regularity on
his part, is deprived of the privilege of have
his appeal seasonably issued ; such Jit
aleatory shall be censured ecoording to the
circumstances of the case, and the sentence
appealed from, shall be suspended until are,
cord is produced; Which the issue can
be fairly tried.'
XIV. In judicial cases an weal shallin
no case be entered except by Pne`of the'iiri;
• 1 parties'
gma .
SINTION IV.
Of Complaints
L Anothei method by whit& a cause
which hie been deeideUby an inferior Jilt.
dicatoty, may, be Carried before a superior,
is by complaint; -
IL A complaintis . a representation Made
to a superior, by'any membeeor meniberi of
a minority of an inferior Judicatory, oilby
any other person or> persons,' respectint.a
decision by . an inferior Judiettbrn which,
in the,' opssion of the',, complainants; has
been irregularly or linjuitly madm ,-
Thm oases in - which, complaints .?are
proper and advisable, are all those caseiti - of
grievance, whether judicial'or not, irrwhich
the party 'aggrieved has declined to, appall
and all other eases-in .which the tartytcoth.-
plaining is persuaded that they purity =off the
Church, or the interests of truth and vieht.
eoitsneis, are injuriously affected-by the 4de
()Won complained , of: rti
_ .
IV. Nolice of aVcompltint shall :always
be given 'before the rising of the Judicatory,
or within tin diya •thereafteri as in mukv of
V. In taking up . itunmplaint, after ascer
taining that the complainant has conducted
it regularly, the rat step shall be to radial).
the: records in the case; the 'seconditoCh r ear
the complainant; and then theCourt;idiall
proceed •to 'consider and decide theieese , ,,
VI. The effect 'Of a complaint; :it she
tainedp:may be-to .reverse the decisiontegm
plained 'of' in whole' or in part, place
matters in the same situation in '.whicililthey
were before the decision was 'made: 'T`
VII. In judicial caeca; a complaint 'sball
be admitted onirwhereNn iggrieved3mity
has declined to'appeal, and in isubh itemi an
aggrieved party shall not be allowed to-com
plain. ' • ••• .1.4 b•
CHAPTER IX.'
Of Dissents and Protests. y 04.
A dissent -is a declaration; on..tkaipajt
of• one or. more members,of a miunrity,ln4ll
Judicatory, expressing a. difforent i oljnym
from: that: of the ,majority in it parlioular
case: A dissent, unaccompanied with rea
sons, is always entered on the records of the
Judicatory.
IL A protest is'amore solenMandiomtal
Aleolaration, made by membem,,x o ta minority
as before-mentioned, leafing their 1.98100-
ny `against what ifie,t deam a mischieTt or
j
- .. 1
erroneous udgment ;" and is genera' ao
cOinrianitid with a *till of the On
.whibir it is fotinded:-n / (4 ' . "
IlLIf protest orAiseenktie ooxt4ml '
Philadelphia, 111 South Tenth Street, below Chestnut,
By. Neil or at the Ogles, $1.50 per Year, t 88E note
ZOTIIB.
Delivered in the. City, 1.75 " " S
111 -
WHOLE NO. 809
decent and respectful language, and contains'
no offensive reflections or —icabutationt
against the majority of the Judicatory, those
who offer it have a right to have *recorded
on the minutes.
IV. A dissent or protest:may be accom
panied with a complaint to a superior. it l
eatory, or not, at the pleasure , of those-who
offer it. If not thus accompanied, .itt-ds
simply left to speak for itielf, when The
records containing it comes to be reviewed,
.I: o 3:Ake 13 1/PPrix4latlicat:947..
V. It may sometimes happen ti at a pro
--test, though•not infringing.the rules of' de
corum, either in its language or matter, - way
impute to the Judicatory, whose judgment,
it opposes, some principles or reasoning&
which it never adopted. In this, case the,
majority of the Judicatory may with
piietyappoist a committee 'to draiv up an
, answer to the • proteitYwhich; after being
adopted as thejaet : of the, Judicatory, ought
.t9,4e4giseAtd 9.,41?e re 1 01 1 1 ,..,
a.
YE: When, in sill cape,,itlic, answer or
the Majority is bronglitii,ilose whi 7 entired!
their protest may be of the' opiidon that •
fidelity to their (wise' calls upon them to
make. asreplylo the siiiiiven , I.This, , however,
ought,by no means to be admitted; ; as the
majuritymight, of course, rejoin, and litiga
tion might be perpetuated , . to the great in
dorivenieice and disgrace of the Judicatory..
Yil. When ; however, those- who -- hive
pretested,,consider the answerrof the ma
jority; as impoting 40 them opinions. reon
ductWhieti,they disavow3.thii proper course
is, to ask leave to take balk their protest,
and nuidify it in such "a nianner'its to - reader
it Morwagreeable:to their views: `` - u ^This id
tuition' may lead tna corresponding altera
tion in the answer. .of
~,the majority; with
which the b ,yol effair onglit t ep terminate.
WIT. None can join in a ,protest against
a decision 'of /any Judicatoryi k `,excepting
those Who 'had'it right to vote in isiiirde-
CHAPTER X.
.Turisdictifm.
L When a member shall be dismiseed
fiom one church, with a view to hie joining
another . , commit an nffenCesininous to
hisjoining the =latter, heshall be considered
as under rthe jurisdiction of the church
which disinissed him, -and,umenable to it,
up 'tothe time wh'in:lie actually beeomes
Connected With that to which' h‘wais dis
missed and recommended:
IL The same-principle - applies to a min
ister; who j 4, aliveys.,to,;bif 'considered' as re
, mining under the jurisdiction of the pres
bytery which dismissed him, until 'he actu
elly becomes a - member of another.
111. If, however, - either minister or a
:,ptivate member shall be : charged Isrith.xa
crime which appears, to have,beenponimit
ted dining the interval ,between the dite of
his dismisSion and his actually joining the
pew belly, but which did not come to light
until after hi had joined the new `body, that
body shall beeinpfiivered aid bound to con
duct the proobie against hint.
IV. No. Presbytery shall dismiss $ min
ister, 9r, ii9elitiste,,er . SantildOe for 'blew"
without specifying theipayticularPresbytery
or other iceleideitiiiil body With which he is
to be connected."
•
CHAPTER XL '
Liinitation of 20m.
I. When any meniber shall "remove from
One 'congregation to another, h 6 . pro
duce satisfactory- testimoniele , of .01mM!
membership and .diismission; lieforc , he: be
admitted s i! a regul6r member , of put church; .
unless ihe chinch t i e which he remove!! has .
other sitiefactory r means of inforinatinn.
11. No certificate' of ihiirah . :niembeiship •
shall be considered as valid testimony or the
good standng,of the bearer, if it be more
than one, year, old„ . epmpt where there. has
heen* Imo' opportunity of presenting it to a
church.
III: When peMatorremovettelodistsmee,
and negleet, for a considerable` time, ap
ply for testimonials or and good
standing, the testimonials, given them obeli
testify to.their ohmmeter 'onlyup to the, time
of them removal, unless the Judicatory have
gOii';inforrnation of a more recent datO:
IV. church :member been *ore
than..tWo •years absent from the place of his
ordinary residenee..and_eoelesiastioal oonnex
iOnsoifi he: apply fohtzoortifio l o of. Wom
13Pr,eihip, absenee„ and the ignorance of
`the church feepeOting his, &Meaner for , that
time 'dish be ' diatifteilkitated in the certi
ficate.
Y. 'Process in case of scandal shall com
mence _within the apace of one year after
the crime shall hive been committed; un—
leis it shall lieve recently heooirui flagrant..
It may happen,-' howeier, that a nlynrelt,
member, after removing to a plaoe far'distr
ant from his .former residence, and where,
his connexion with the church is unknown ,
may 'commit a crime, on account of which
process com mit,
instituted Within the time
above specified. In all such cases, the fe--
cent discoiery of the church membership of
the individualoshall be 'considered as eqtuv.
alent- to the Grime itself having recently be
come flagrant. The same principle alselip.
plies to ministersOf similar circumsteinetea
~should occur.
1 4 r tA he PrleWte r #Al ia P ner &IA AdTcleMil
Dedication,:
:Thchoute - of worehipllbuilt- by the eon—
, gregation of'Bethe4kindly , -,nided by their
..neighbors,) Presbytery nfeWubington, in
. Wood County, mils dedicated to the.
I..seprioe .and . glory &God, on the second ,
. Sabbath ,slTh e sermon was preached*
- hy,Bev. Jamison. Laps, of Ps/berating,
and dedititory prayer : : was ,offered, by
thefasto4filect, Rev.') John Moore.' The
whole ; sOices on the, occasion were solemn
and appropriate; andithe house Was filled
• withyattentive worshipers;. and. many:were
:compelled to remain out of 4he hens&
"no building .-iskthirty•eix by fifty feet,
/I - comfortably oarrangek neatly finished, -and
. - ,zottt of debt, r
- This -, hbustrjis on . South- Western
border at the congregation of Bethel, built
-
with:the, itkpiestationthae abort:time a
church'', wilLibiorganized there;" which, in
Connexion with Bethel, will constitute
oomfortablivind. convenient-pastoral charge.
May, theiLordsithile en 'the eeffort, and epee
,dily.aeoomplialthe &lire of its. friends:
,
pupa is !nanoh (motorman _Email men
whetherAhotight or feeling jcithe" better;
but; feeling it the boiroind ,Lthanght tho.or
rarriimi,everykond arther.muskthoyet both,.
AldneFohoisils (liiiiplosslo _the. other. L
AKSIWI •:4t.i..`