tibtwy of Che trHeolocjical gtmirmy 
 
 PRINCETON • NEW JERSEY 
 
 PRESENTED BY 
 
 Dr. Linn Creighton 
 BX 8956 .A62 1873 
 Presbyterian Church in the 
 
 U.S.A. Laws. 
 Manual of Presbyterian law 
 
 and usaae 
 
/ 
 
^ OF PRINCE^ 
 
 r AL 
 
 FEB 17 1982 
 
 PRESBYTERIAN LAW AND USAGE, 
 
 EMBRACING ESTABLISHED AND RECOGNIZED 
 
 Ecclesiastical and Parliamentary Rules and Regulations 
 
 ^ 
 
 FOR THE GUIDANCE OF 
 
 CONGREGATIONS AND CHURCH COURTS, 
 
 PROCESSES AND PROCEEDINGS UNDER THE CONSTITUTION AND FORM OF 
 
 GOVERNMENT OF THE PRESBYTERIAN CHURCH IN THE 
 
 UNITED STATES OF AMERICA. 
 
 COMPILED 
 
 [LED BY / 
 
 IS B. McF 
 
 Rev. THADDEUS B. McFALLS, 
 
 Stated Clerk of Washington City Presbytery, 
 
 AND 
 
 Rev. BYRON SUNDERLAND, D. D., 
 
 Pastor of the First Presbyteriau Church, Washington, D. C. 
 
 WASHINGTON, D. C: 
 
 W. H. & O. H. MORRISON. 
 
 Philadelphia: The Presbyterian House. 
 
 New York: Dodd & Meade. 
 
 1873. 
 
Entered according to act of Congress, in the year 1873, 
 
 Bt W. H. & O. H. MORRISON, 
 
 in the office of the Librarian of Congress, at Washington. 
 
 STEREOTYPED BT 
 ['GILL & WITHEBOW, 
 WASHINGTON, T>. C. 
 
PREFACE. 
 
 The object of the compilers has been by no 
 means to make laws or to prescribe rules for the 
 Church, but rather to present in a simplified and 
 systematic form those which are already establish- 
 ed and in use, for regulating and directing the or- 
 der of proceedings in all matters pertaining to the 
 Church, its ministry, and membership; and for 
 this purpose they have arranged their work in 
 chapters and paragraphs, which follow each other 
 as far as may be in logical succession. The para- 
 graphs, for the sake of convenience, are marked 
 by the Arabic figures, beginning with number one, 
 and running on throughout the entire volume. 
 Where the paragraphs could be given in the exact 
 language of the authority cited from, together with 
 a reference to the authority itself, this has been 
 done. Where it seemed necessary, from the exi- 
 gencies of syntax, to change the language of the 
 authority without affecting the sense, this has like- 
 wise been done. In some instances the compilers 
 
 iii 
 
IV PREFACE. 
 
 have had no guide but what they conceived to be 
 the general usa£e of the Church, or that which 
 seemed to be clearly and naturally deduced from 
 well-known and established principles. 
 
 When such paragraphs occur, the reason for 
 embodying them in such a work as this must be 
 determined from their intrinsic import, or from 
 their obvious relation to the subject concerning 
 which they are proposed. 
 
 That this was the plan adopted by Jefferson 
 and Cushing, in forming their Manuals of Parlia- 
 mentary Law, is clear from the language of one of 
 them upon this very point : " Sometimes," says Jef- 
 ferson, "each authority cited supports the whole 
 passage. Sometimes it rests on all taken together. 
 Sometimes the authority goes only to a part of the 
 text, the residue being inferred from known rules 
 and principles. For some of the most familiar 
 forms no written authority is or can be quoted : 
 no writer having supposed it necessary to repeat 
 what all were presumed to know. The statement 
 of these must rest on their authority." Another 
 object of the compilers has been to avoid prolixi- 
 ty and unnecessary repetition of references, while 
 they have endeavored to embody all requisite forms 
 and principles from the sources of authority to 
 which they have had access. 
 
PREFACE. V 
 
 The abbreviations will be readily understood by 
 those who are familiar with the subject; but for 
 those who need explanation the following may 
 suffice: 
 
 B. D., for Book of Discipline. 
 
 C. F. y for Confession of Faith. 
 
 D. W. y for Directory of Worship. 
 
 F. G., for Form of Government. 
 
 G. A., for General Assembly, &c. 
 
 G. A. Rule, for General Assembly's Rules. 
 
 M. G. A. y for Minutes of the General Assembly. 
 
 M. N. S. G. A., for Minutes New School Gen- 
 eral Assembly. 
 
 M. O. S. G. A.y for Minutes Old School General 
 Assembly. 
 
CONTENTS. 
 
 Page 
 Introduction 11 
 
 • CHAPTER I. 
 The Constitution 21 
 
 CHAPTER II. 
 Foemation or a particular Church 25 
 
 CHAPTER III. 
 The Rights and Duties of Church Members and 
 Non-communicants, with Rules for Congre- 
 gational Meetings 33 
 
 CHAPTER IV. 
 The Church Session 42 
 
 CHAPTER V. 
 The Presbytery 51 
 
 CHAPTER VI. 
 The Synod 70 
 
 CHAPTER VII. 
 
 The General Assembly 75 
 
 vii 
 
Vlll CONTENTS. 
 
 CHAPTER VIII. Page 
 
 Officers of Church Courts 87 
 
 CHAPTER IX. 
 Committees and Commissions 90 
 
 CHAPTER X. 
 Jurisdiction of Church Courts 102 
 
 CHAPTER XI. 
 The Election and Ordination of Ruling El- 
 ders and Deacons, and the Installation of 
 Elders removing to other Churches 109 
 
 CHAPTER XII. 
 Licensing Candidates to Preach the Gospel 
 and Ordaining Ministers 116 
 
 CHAPTER XIII. 
 Election and Call of Pastors or Bishops 130 
 
 CHAPTER XIV. 
 Removing a Minister or Pastor from one 
 Charge to another, manner of Installation, 
 and Resignation of a Pastoral Charge 137 
 
 CHAPTER XV. 
 Vacant Congregations and Missions 144 
 
 CHAPTER XVI. 
 Quorum for Judicial Purposes 146 
 
CONTENTS. IX 
 
 CHAPTER XVII. Page 
 
 Judicial Cases — Preliminary Considerations 
 and Measures 150 
 
 CHAPTER XVIII. 
 The Trial 161 
 
 CHAPTER XIX. 
 Mode of Passing Sentence and Restoring Peni- 
 tents 171 
 
 CHAPTER XX. 
 Process against a Minister 179 
 
 CHAPTER XXI. 
 New Testimony and New Trial 185 
 
 CHAPTER XXII. 
 Dissents and Protests 189 
 
 CHAPTER XXIII. 
 Various Ways of Carrying a Cause from a 
 Lower to a Higher Court 194 
 
 CHAPTER XXIV. 
 
 Parliamentary Rules 217 
 
 Part I. Moderator and Stated Clerk 217 
 
 II. Introduction of Business 224 
 
 III. Rights and Duties of Members of 
 
 Courts 230 
 
 IV. Privileged Questions 239 
 
 V. Question '. 256 
 
X CONTENTS. 
 
 CHAPTER XXV. Page 
 
 Baptism of Infants and Adults 262 
 
 CHAPTER XXVI. 
 Administration of the Lord's Supper... 271 
 
 CHAPTER XXVII. 
 Solemnization of Marriage 278 
 
 CHAPTER XXVIII. 
 Burial of the Dead 285 
 
 CHAPTER XXIX. 
 Miscellaneous Matters 293 
 
 Appendix 299 
 
INTRODUCTION. 
 
 The first churches of the Presbyterian 
 order planted in this country were formed 
 in Maryland, between the years of 1670-80. 
 Other churches of the same order soon fol- 
 lowed in most of the Colonies, and were 
 scattered along the Atlantic coast. 
 
 In 1706 the first Presbytery was organ- 
 ized, and was styled "The Presbytery of 
 Philadelphia." In 1716 the first Synod 
 was formed, consisting of the four Presby- 
 teries of Philadelphia, New Castle, Snow 
 Hill, and Long Island. It was styled " The 
 Synod of Philadelphia." 
 
 From the period of the formation of this 
 Synod the body rapidly increased, by addi- 
 tions from New England and the Jerseys, 
 and the tide of emigrants from Scotland, 
 Ireland, Wales, France, Holland, and Swit- 
 zerland. 
 
 11 
 
12 INTRODUCTION. 
 
 Thus the Colonial Presbyterian Church 
 early assumed a heterogeneous character, 
 and the harmony of its views was seriously 
 impaired. The most prominent points 
 which excited a conflict of opinion were the 
 conditions of the reception of candidates for 
 the Gospel ministry, and the strict adher- 
 ence to presbyterial order. Two parties 
 were thus produced, called the " Old Side" 
 and the "New Side." 
 
 In 1741 the Synod was rent asunder, the 
 "Old Side" remaining under the title of 
 "The Synod of Philadelphia," and the 
 "New Side" assuming the organization 
 and title of "The Synod of New York." 
 
 The Synod of Philadelphia more particu- 
 larly patronized the academies of New Lon- 
 don and Newark, in the Delaware Colony ; 
 while the Synod of New York established 
 the College of New Jersey, which was 
 finally located at Princeton. 
 
 In 1758, however, the two Synods were 
 reunited, under the title of " The Synod of 
 New York and Philadelphia." 
 
 In 1785, the independence of the United 
 
INTRODUCTION. 13 
 
 States having been established, the reuni- 
 ted Synod commenced measures looking to 
 the adoption of a form of .government for 
 the Church suited to its condition in the new 
 Eepublic. A committee was appointed " to 
 take into consideration the constitution of 
 the Church of Scotland, and other reformed 
 Churches," and to form a complete system 
 for the organization of the Presbyterian 
 Church in the United States. 
 
 In 1788 this work was completed, by di- 
 viding the old Synod into the four Synods 
 of New York and New Jersey, Philadel- 
 phia, Virginia, and the Carolinas, and con- 
 stituting over these, as a bond of union, a 
 General Assembly, similar to the General 
 Assembly of the Church of Scotland. The 
 Westminster Confession of Faith with 
 three slight alterations, and the Larger 
 and Shorter Catechisms with a single 
 alteration, were adopted, and have since 
 undergone no revision. A Directory of 
 Worship and a Form of Government and 
 Book of Discipline were likewise adopted. 
 The Directory of Worship and the Form of 
 
14 INTRODUCTION. 
 
 Government and Discipline have been some- 
 what modified by subsequent revisions and 
 emendations. . 
 
 In 1801a "Plan of Union" was adopted, 
 designed for the accommodation "of Pres- 
 byterians and Congregationalism in the 
 new settlements." This arrangement soon 
 developed a conflict between two parties in 
 the Church, which, aggravated by various 
 other influences in process of time, at length 
 culminated in the Act of Excision in 1837. 
 By this act the Presbyterian body was again 
 rent asunder, and the result was the exist- 
 ence of two organizations, properly known 
 as "The Old School General Assembly" 
 and " The New School General Assembly." 
 
 The "Old School Assembly" rejected 
 the entire arrangement of the "Plan of 
 Union " with the Congregationalists, and 
 retained the great mass of the Presbyterian 
 churches located in the Southern States, 
 and then complicated with the institution 
 of slavery. The ' ' New School Assembly ' ' 
 more generally favored the results of the 
 arrangement with the Congregationalists 
 
INTRODUCTION. 15 
 
 and co-operation in matters of benevolence, 
 and were likewise, as a body, more decided 
 in their opposition to the system of slavery, 
 having but comparatively few Presbyter- 
 ies in the South. 
 
 In 1857 these Southern Presbyteries se- 
 ceded from the "New School Assembly " 
 on the question of slavery, and formed the 
 independent " Synod of Knoxville." 
 
 In 1861 the war of the Rebellion broke 
 out upon the same question, whereupon the 
 whole body of Southern Presbyterians, be- 
 fore connected with the "Old School As- 
 sembly," withdrew from that body, and, 
 together with the Knoxville Synod, finally 
 formed an organization which is now styled 
 "The General Assembly of the Presby- 
 terian Church of the United States." 
 
 Meanwhile the "Old School Assembly " 
 of the North, freed from its Southern com- 
 plications, and the "New School Assem- 
 bly," having sensibly changed ground in 
 regard to its relations and co-operation with 
 the Congregationalists, measures were ini- 
 tiated which happily resulted, in 1868-69, 
 
16 INTRODUCTION. 
 
 in the reunion of the two Northern Assem* 
 blies under the present title of ic The Gen- 
 eral Assembly of the Presbyterian Church 
 in the United States of America." 
 
 From an early period other Presbyterian 
 bodies have existed in this country, but they 
 are entirely distinct and separate organiza- 
 tions, and wholly independent in their doc- 
 trines and polity. 
 
 At the time of the adoption of the 
 constitution, in 1788, the Presbyterian 
 General Assembly embraced four Synods, 
 sixteen Presbyteries, four hundred and 
 nineteen churches, and one hundred and 
 seventy-seven ministers. The Presbyteries 
 divided the churches in the following pro- 
 portions : Suffolk had 13 churches, Dutch- 
 ess 9, New York 39, New Brunswick 26, 
 Philadelphia 22, New Castle 27, Lewes 19, 
 Baltimore 12, Carlisle 56, Redstone 27, 
 Lexington 27, Hanover 21, Orange 71, 
 Abingdon 25, South Carolina 45, and 
 Transylvania 10. 
 
 At the present time, (1872,) as appears 
 from the published Minutes of the General 
 
INTRODUCTION. 17 
 
 Assembly for the current year, of course 
 exclusive of the statistics of other branches 
 of the Church, the organization embraces 35 
 Synods, 166 Presbyteries, 4,730 churches, 
 and 4,441 ministers, with 323 licentiates, 
 and 767 candidates. 
 
 For this large and powerful body of 
 Christian people there has long been 
 needed a manual of laws, regulations, 
 and usages, so arranged as to bring within 
 easy access a knowledge of the order of pro- 
 ceedings in every department of the busi- 
 ness and government of the Church ; and 
 which shall be a guide to every member, 
 officer, and minister of the denomination. 
 
 Whoever will examine the present con- 
 dition of our ecclesiastical legislation will 
 not fail to discover the necessity of its codifi- 
 cation. And, indeed, it is quite impractica- 
 ble for the great majority of the Church to 
 attain any adequate acquaintance with the 
 subject. Yet every individual, however 
 humble, should have competent infor- 
 mation, both as to our Church laws and 
 usages, and as to the rules and regulations 
 
18 INTRODUCTION. 
 
 of parliamentary business in our public re- 
 ligious assemblies and church courts. 
 
 The book known as "The Confession of 
 Faith/ * containing likewise the Larger and 
 Shorter Catechisms, the Form of Govern- 
 ment and Book of Discipline, the Directory 
 of Worship and the Rules for Judicatories, 
 must be regarded always as the first source 
 of this information. But owing to the im- 
 perfect arrangement of several parts, con- 
 fusion and embarrassment often arise in the 
 application of certain principles, and in the 
 adoption of certain modes of procedure 
 which the volume prescribes. 
 
 Besides this, there have been published 
 at different times three Digests or Codifica- 
 tions of the Acts and Decisions of the Gen- 
 eral Assembly: one in 1820, one for the 
 Old School Assembly in 1855, and "one for 
 the New School Assembly in 1861. These 
 volumes, while exceedingly valuable and 
 important for many purposes, are, both as 
 to structure and expense, quite beyond the 
 reach of the general membership of the 
 Church. They are likewise defective in 
 
INTRODUCTION. 19 
 
 those points which have been acted upon 
 in the General Assembly since the date of 
 their publication. 
 
 And beyond this there seems to be a clear 
 necessity for setting before the people and 
 ministry of the Church a fuller exposition 
 of the rules of parliamentary proceedings, 
 as they now obtain in the great forums of 
 the civilized and Christian world. For this 
 purpose, in addition to an examination of 
 all the archives of the Church down to the 
 present time, the well-known Manuals of 
 Jefferson and Cushing and the books of 
 Standing Kules for both Houses of Con- 
 gress have been brought into requisition. 
 
 The design has been from these sources 
 to collate and put into a compact and intel- 
 ligible form all the principles, laws, and 
 usages of the Presbyterian Church in these 
 United States, and to crown the whole with 
 a copious index of every subject about which 
 it may be necessary to inquire. 
 
 WESTMINSTER BOOK OF PRAYER. 
 
 There is one book we desire to notice in 
 
20 INTRODUCTION. 
 
 this connection, with which the great mass 
 of Presbyterians of our times have little or 
 no acquaintance. It is the Book of Prayer 
 of the Westminster Divines, and though so 
 long in general disuse, no work of the kind 
 is its superior in our language. We have 
 cited from this volume some paragraphs in 
 relation to the mode of administering the 
 ordinances, which will be found exceeding- 
 ly appropriate. 
 
 The compilers, in concluding their task, 
 indulge the hope that this little volume, 
 the result of protracted and tedious labor, 
 will be found full, accurate, and reliable, 
 and become a source of useful information 
 and constant convenience in every portion 
 of our beloved Church. 
 
 Washington, D. C, December, 1872. 
 
MANUAL 
 
 OF 
 
 PRESBYTERIAN LAW AND USAGES, 
 
 CHAPTER I. 
 
 THE CONSTITUTION. 
 
 § 1. This is a general term, given to the 
 adopted written standards of the Church, 
 expressing its ecclesiastical authority, and 
 embracing the fundamental principles, 
 rules, and regulations of the Church. 
 
 § 2. It recognizes the theocratic principle 
 in the confession of Jesus Christ as the sole 
 head of the Church, and by accepting the 
 Scriptures of the Old and New Testaments 
 as the Word of God and the only infallible 
 rule of faith and practice, maintaining 
 that all power given for the existence and 
 perpetuity of the Church is derived from 
 Christ, and that no ordinances or offices 
 
 21 
 
22 MANUAL OF LAW AND USAGE. 
 
 are of divine appointment and binding ob- 
 ligation but such as are clearly taught in 
 the Word of God or plainly deduced there- 
 from. — C. F. ch. xxv, par. i-vi; F. G. ch. 
 ii, par. i-iv ; ch. ii, par. i, ii. 
 
 § 3. It recognizes the democratic princi- 
 j")le, in defining the rights of the people in 
 all matters pertaining to religion and to 
 ecclesiastical government, and in affording 
 all practicable means for the maintenance* 
 and defence of the same. — F. G. ch. i, par. 
 i-viii; ch. v, par. i; ch. viii, par. i, ii. 
 
 § 4. It recognizes at the same time the 
 social and civil relations of a society or 
 community, and does not propose in any 
 way to interfere with them. — Ibid. 
 
 § 5. It provides for the gathering of re- 
 ligious assemblies and congregations of 
 people, and the formation of particular 
 Christian churches in different localities. — 
 F. G. ch. ii, par. iv; G. A. 1831. 
 
 § 6. It provides for the general organi- 
 
THE CONSTITUTION. 23 
 
 zation of such churches or congregations 
 under a certain, distinct, and well-defined 
 form of government, which, being founded 
 upon the Scriptures, thus derives its bind- 
 ing force upon all those who voluntarily 
 enter into such organization and continue 
 in fealty to the same. — F. G. ch. viii, par. 
 i, ii. 
 
 § 7. It provides a system of ecclesiastical 
 judicatories by which the administration of 
 all government in the Church is to be car- 
 ried forward. — F. G. ch. ix, xii. 
 
 § 8. It makes churches, in all actions and 
 measures taken by them of a purely eccle- 
 siastical nature, subject to the jurisdiction 
 of said courts. — Ibid. 
 
 § 9. It recognizes in its discipline no 
 other penalty as the supreme punishment 
 for the offending or contumacious than 
 summary expulsion from the Church and 
 all its immunities. — F. G. ch. viii, par. ii. 
 
 § 10. In conclusion, the radical princi- 
 
24 MANUAL OF LAW AND USAGE. 
 
 pies of Presbyterian church government 
 
 and discipline are — 
 
 (a) That the several different congre- 
 gations of believers, taken collectively, 
 constitute one Church of Christ, the 
 universal visible Church on earth. 
 
 (6) That a larger part of the Church, 
 or a representation of it, should govern a 
 smaller, or determine matters of contro- 
 versy which arise therein. 
 
 (c) That in like manner a representa- 
 tion of the whole should govern and de- 
 termine in regard to every part and to all 
 the parts united, that is, that a majority 
 shall govern; and consequently that ques- 
 tions of importance may be carried from 
 the lower to the higher judicatories, till 
 they be finally decided by the collected 
 wisdom and united voice of the whole 
 Church. 
 
 (d) For these principles and this pro- 
 cedure authority is found in the example 
 of the Apostles and the practice of the 
 primitive Church. — F. G. ch. xii, note. 
 
FORMATION OF A PARTICULAR CHURCH. 25 
 
 CHAPTER II. 
 
 FORMATION OF A PARTICULAR CHURCH. 
 
 § 11. Whenever in any locality, not 
 having an organized church, there shall 
 be found a number of persons associated as 
 Christian believers and desirous to be or- 
 ganized into a Presbyterian church, they 
 should make application to the Presbytery 
 within whose bounds they are located for 
 such organization. — 31. G.A. 1831, £>. 326. 
 
 § 12. But when, from remoteness of dis- 
 tance or other controlling reasons, they 
 find this impracticable, they should apply 
 to any minister or missionary of our Church 
 who may be available. — Ibid. 
 
 § 13. When assembled for organization, 
 the meeting shall be opened with prayer 
 by the minister presiding, who shall then 
 proceed first to receive the certificates of 
 church membership in other churches from 
 
26 MANUAL OF LAW AND USAGE. 
 
 those who are present, and next to receive 
 on a public profession of their faith any 
 who may be judged suitable after exami- 
 nation, and to baptize such as have never 
 been baptized. — Ibid. 
 
 § 14. All thus ascertained to be pre- 
 pared to enter into an organization should 
 then by some public formal act, such as 
 rising, joining or raising hands, or sub- 
 scribing a written statement, agree and 
 covenant to walk together in a church 
 relation, according to the acknowledged 
 doctrines and order of the Presbyterian 
 Church. — Ibid. 
 
 § 15. The next step is to proceed to the 
 election and ordination of ruling elders 
 in conformity with the directions of our 
 form of government. — Ibid. 
 
 § 16. Deacons are to be elected and or- 
 dained in like manner as in the case of 
 ruling elders. — Ibid. 
 
 § 17. At the organization of every par- 
 
FORMATION OF A PARTICULAR CHURCH. 27 
 
 ticular church or congregation there should 
 be adopted a form of admission to member- 
 ship, embracing articles of faith and a sol- 
 emn covenant, also some form of a charter 
 or constitution and by-laws for their gov- 
 ernment in their congregational capacity. 
 (See Forms in Appendix.) 
 
 § 18. In the procurement of church char- 
 ters and other legal instruments care must 
 be taken to have them so formed as not to 
 conflict with the principles or the order of 
 the Presbyterian Church.— M. 0. S. G. A. 
 1838, i>. 26. 
 
 § 19. The trustees of a particular church 
 or congregation may not infringe upon the 
 authority and duty of the Session, or in- 
 terfere with the office and functions of the 
 deacons. Their power is limited by the 
 tenor of their trust ; upon any violation of 
 which recourse must be had first to the 
 congregation, then to Presbytery, and 
 finally, if requisite, to the legal tribunals. 
 — M. 0. S. G. A. 1863, p. 44; Decision 
 
28 MANUAL OF LAW AND USAGE. 
 
 of U. S. Supreme Court, recorded in M. G. 
 A. 1872, jgp. 181, 182, 
 
 § 20. When members of a particular 
 church in good standing change-their res- 
 idence or desire for any other valid reason 
 to remove their membership to another 
 church, they are entitled to letters of dis- 
 mission; and when requested, it is the 
 duty of the Session promptly to prepare 
 them.— M. G. A. 1871, .p. 587. 
 
 § 21. When members of a particular 
 church, in good standing and repute, are 
 about to go from it on an uncertain des- 
 tination, it shall be the duty of the Ses- 
 sion, when requested, to furnish such mem- 
 bers with letters of general credence or 
 testimonials of orderly church membership 
 to all Christian people among whom their 
 lot may be cast. — Ibid. 
 
 § 22. When any member so dismissed 
 by one church shall have been received by 
 another, it shall be the duty of the latter 
 
FORMATION OF A PARTICULAR CHURCH. 29 
 
 immediately to notify the former church of 
 the fact. — Ibid. 
 
 § 23. When any church member shall 
 remove from one congregation to another, 
 he is to he admitted upon certificate, as 
 before provided, unless the church Session 
 by which he is to be received has other 
 satisfactory means of information. — B. D. 
 ch. xi, par. i. 
 
 § 24. When persons so removing neglect 
 for a considerable time to apply for testi- 
 monials of dismission, the Session, unless 
 they have reliable information of more re- 
 cent date, shall testify to their character 
 only up to the time of their removal. — B. 
 D.cli. xi, par. Hi. 
 
 § 25. If a church member, having been 
 absent from his church for more than two 
 years, shall apply for a certificate of dis- 
 mission, his absence and the ignorance of 
 the church respecting his demeanor for 
 that time shall be distinctly stated in the 
 certificate. — B. D. ch. xi, par. iv. 
 
30 MANUAL OF LAW AND USAGE. 
 
 § 26. No certificate of church member- 
 ship shall be valid, if it be not presented 
 within one year from its date, except when 
 there has been no opportunity for present- 
 ing it. — B. I)., ch. xi, par. ii. 
 
 § 27. When unbaptized persons are to 
 be received into church membership, they 
 must give to the Session of the church sat- 
 isfactory evidence of piety, and on assent- 
 ing to the articles of faith they must be 
 baptized in the presence of the assembly, 
 and complete their reception by entering 
 into a covenant with the church. — D. TV. 
 ch. ix. 
 
 § 28. The baptized children of the church 
 become members in full communion by as- 
 senting to the articles of faith and the cove- 
 nant. The time and fitness of such child- 
 ren for admission to be determined by the 
 Session. — D. W. ch. ix, par. i-iii. 
 
 § 29. A church member is always amen- 
 able to the discipline of that particular 
 
FORMATION OF A PARTICULAR CHURCH. 31 
 
 church of which he has become a member 
 by examination and the public profession 
 of his faith or by certificate from another 
 church. — F. G. ch. ix,par. vi. 
 
 § 30. The ordinances of a particular 
 church, which is regularly constituted with 
 its proper officers, are prayer, singing 
 praises to God, reading, expounding, and 
 preaching His Word, administering bap- 
 tism and the Lord's supper, public solemn 
 fasting and thanksgiving, catechising, 
 making collections for the poor and other 
 pious purposes, exercising discipline, and 
 blessing the people. — F. G. ch. vii,par. i. 
 
 § 31. When a church has been thus or- 
 ganized, report of the same should be made 
 as soon as practicable to the Presbytery 
 within whose bounds it is located. And 
 when a missionary or other minister, not 
 specially appointed to the work by Presby- 
 tery, has, in the manner above specified, 
 organized a church, not within the known 
 bounds of any other church or of a Presby- 
 
32 MANUAL OF LAW AND USAGE. 
 
 tery, the church thus organized should\ 
 as soon as practicable, make known to some 
 Presbytery with which it may be most 
 naturally and conveniently connected the 
 time and manner of its organization, and 
 desire to be received under care of said 
 Presbytery.— if. G. A. 1831, p. 177. 
 
EIGHTS AND DUTIES OF MEMBERS, &C. 33 
 
 CHAPTER III. 
 
 THE RIGHTS AND DUTIES OF CHURCH MEMBERS 
 AND NON-COMMUNICANTS, WITH RULES FOR 
 CONGREGATIONAL MEETINGS. 
 
 § 32. A particular church is a body of 
 Christian believers, with their offspring, 
 who are united together in one congrega- 
 tion in a particular locality to receive and 
 enjoy the ordinances of Christ's house, to 
 discharge the obligations and perform the 
 duties enjoined upon them by the Holy 
 Scriptures and the constituted authorities 
 to which they voluntarily submit, and for 
 the accomplishment of which they enter 
 into solemn covenant with God and their 
 fellow Christians on becoming members in 
 full communion. — .F. G. ch. ii, par. iv. 
 
 § 33. Members of the church so consti- 
 tuted, male and female, in full communion 
 and in good and regular standing, and they 
 3 
 
34 MANUAL OF LAW AND USAGE. 
 
 only , are entitled to participate and vote in 
 all meetings for the transaction of business, 
 temporal and spiritual, pertaining to the 
 interest and wellare of such church. — M. 
 O.S.G;A.lSM,p.tei 
 
 § 34. Every member of the church has 
 the right to lay his grievances before the 
 Session for redress ; to appeal from the de- 
 cision of the Session in his case, or to 
 complain to the Presbytery against the 
 executive course or action of the Session in 
 any case. — B. D. ch. vii, sec. iv, par. Hi. 
 
 deprived of the aforesaid rights but by 
 regular trial and conviction by the Session. 
 B. D. ch. iv, par. xvii. 
 
 § 36. When any member of the church 
 shall be cited for trial before the Session, he 
 must have due notice (ten days) from the 
 Session of the nature of the charge or com- 
 plaint to be laid against him, with the 
 specifications and the names of the wit- 
 
RIGHTS AND DUTIES OF MEMBERS, &C. 35 
 
 nesses to be produced against him, and of 
 the time and place of meeting. — B. D. ch. 
 iv, par. viij viii. 
 
 §37. When any member of the church 
 is so notified to appear for trial, and shall 
 ask for counsel on the ground of his ina- 
 bility or incompetency to conduct his own 
 case, he shall be entitled to have such 
 counsel assigned him by the judicatory 
 from among its. own members. — B. D. ch. 
 iv, par. xxi. 
 
 § 38. When any member of the church 
 shall have cause of complaint against an 
 individual minister, he shall not bring the 
 case before the Session, but before the Pres- 
 bytery, his court of trial, — B. D. ch. v, 
 par. ii, v. 
 
 Non- Communicants. 
 
 § 39. Associated with every particular 
 church are persons who, though not mem- 
 bers, yet for various reasons contribute to 
 its support. Such persons have no rights 
 in our church courts, not even to prosecute 
 
36 MANUAL OF LAW AND USAGE. 
 
 a case, since they are not amenable to their 
 jurisdiction. 
 
 § 40. They are usually styled non-com- 
 municants, and have no voice in the elec- 
 tion of ruling elders and deacons. — 31. G. 
 -4. 1830,^.9; O.S.G.A.1855,p.299. 
 
 § 41. Nevertheless to such persons, by 
 general usage, have been accorded the fol- 
 lowing ecclesiastical privileges: 
 
 (a) To vote in the election of a pastor. 
 
 (b) To be represented on the board 
 of trustees and in all other temporal 
 committees. 
 
 (c) To be represented in the number 
 of commissioners to Presbytery in the 
 matter of the dissolution of a pastoral 
 relation; and 
 
 (d) To petition, inform, and testify in 
 matters of church discipline. 
 
 Congregational 3Ieetings. 
 
 [A distinction must be observed between 
 a congregational meeting of communicants 
 
RIGHTS AND DUTIES OP MEMBERS, &C. 37 
 
 and a congregational meeting embracing 
 non-communicants : in the first the spirit- 
 ual affairs of the church are transacted, in 
 which non-communicants have no rights 
 and can be present only by courtesy; in 
 the second the temporal affairs are trans- 
 acted, in which non-communicants partici- 
 pate. And the rules or by-laws of the sec- 
 ond cannot apply in the first, as this would 
 imply that non-communicants may make 
 laws for the government of the church.] 
 
 § 42. The church Session is the only 
 authority to convene a congregational 
 meeting for the election of a pastor, of 
 elders or deacons, or for the transaction of 
 business pertaining to the spiritual inter- 
 ests of the church. — F. G. ch. xv, par A. 
 
 §43. It shall always be the duty of the 
 Session to convene a congregational meet- 
 ing, when a majority of the persons enti- 
 tled to vote in the case shall by petition 
 request that a meeting may be called. — F. 
 G. ch. xv, par. i. 
 
38 MANUAL OF LAW AND USAGE. 
 
 § 44. When a congregational meeting 
 is held for the election of a pastor, a min- 
 ister of the Presbytery must preside, un- 
 less highly inconvenient on account of 
 distance ; in which case a member of the 
 Session may preside. — F. G. ch. xv,par. ii. 
 
 § 45. As a general principle, a minister 
 of another Presbytery from that to which 
 the church belongs ought not to preside 
 over any of its meetings, as he would not 
 be responsible directly to its Presbytery. 
 
 § 46. When a congregational meeting is 
 held for the election of elders or deacons or 
 for the transaction of business pertaining 
 to the spiritual interests of the church, the 
 pas,tor is president ex officio; in a vacant 
 church, a member of the Session must pre- 
 side when it is highly inconvenient to ob- 
 tain the services of a minister of the Pres- 
 bytery to which such church belongs ; and 
 the clerk of the Session shall be clerk of 
 the meeting and keep a record of the pro- 
 ceedings. 
 
RIGHTS AND DUTIES OF MEMBERS, &C. 39 
 
 § 47. When a congregational meeting is 
 held for the election of trustees, or for the 
 transaction of any other purely temporal 
 business, the congregation may elect the 
 chairman arid other officers, and proceed 
 according to the local laws and usages 
 governing said congregation. 
 
 § 48. In any congregational meeting, 
 the minority, feeling aggrieved or believing 
 their rights infringed, or believing that 
 the actions of the majority are contrary to 
 the government of the church, or to the 
 peace and- welfare of the congregation, may 
 complain to the Session, and from the 
 Session they may bring the matter to the 
 Presbytery by complaint or appeal. 
 
 §49. In case of a supposed default of 
 proper action or the neglect or refusal of 
 duty on the part of the Session, it is the 
 right of the minority to demand the proper 
 action in writing, properly signed and 
 directed to the Session ; and in case the 
 Session still neglect or refuse to perform 
 
40 MANUAL OF LAW AND USAGE. 
 
 their duty, this will be a cause for com- 
 plaint to the Presbytery which will lie 
 against the Session. 
 
 Exceptions. 
 
 § 50. A minority may not complain or 
 appeal from the action of a congregational 
 meeting directly to the Presbytery, but must 
 first seek redress from the Session. This 
 does not debar the right of petition. 
 
 § 51. In a congregational meeting, where 
 a minister is required by our form of gov- 
 ernment to preside, the minister must de- 
 cide all points of law and order : an appeal 
 may not be taken to the congregation from 
 any of his rulings or decisions. If the 
 congregation, or any members thereof, feel 
 aggrieved by such rulings or decisions, they 
 may file exceptions, to be laid before the 
 Presbytery to which he is responsible. 
 
 § 52. The same course must be pursued 
 when an elder presides : the exceptions 
 must be laid before the reviewing court. 
 
RIGHTS AND DUTIES OF MEMBERS, &C. 41 
 
 If for the election of a pastor, before tlie 
 Presbytery; if for any other purpose, then 
 before the Session. 
 
 § 53. In case a congregational meeting 
 sh,ould proceed contrary to the judgment 
 and in spite of the protest of the Session 
 to the election of a pastor, or the adoption 
 of any system of proceeding inconsistent 
 with the real and permanent edification 
 of the people, the Session should seek re- 
 dress from the Presbytery. 
 
 § 54. A member of the church in good 
 standing cannot be debarred from voting 
 by a vote of the congregation. No vote of 
 the congregation of a Presbyterian church, 
 can affect the rights of a member as such : 
 all such power is vested in the Session. — 
 M. O.S. £.A 1866,^.54. 
 
 § 55. A congregation, with the concur- 
 rence of the Session, may refer any matter 
 of difficulty to the Presbytery for their 
 advice or final decision. 
 
42 MANUAL OF LAW AND USAGE. 
 
 CHAPTER IV. 
 
 THE SESSION. 
 
 § 56. The church Session consists of the 
 pastor or pastors and ruling elders of a par- 
 ticular congregation. — F. G. ch. ix, par. i. 
 
 Quorum. 
 
 § 57. Of this judicatory two elders, if 
 there be as many in the congregation, with 
 the pastor, shall be necessary to constitute 
 a quorum. — F. G. ch. ix, par. ii. 
 
 § 58. Cases may occur with infant or 
 feeble churches in which it would be im- 
 practicable for a time to have more than 
 one elder, and yet be necessary to perform 
 acts of a judicial character. For such the 
 constitution provides ; but if there be more 
 than one elder, then two at least, with a 
 minister, are necessary to form a Session. — 
 M. G. A. 1836, p. 263. 
 
THE SESSION." 43 
 
 The Moderator. , 
 
 § 59. The pastor of the congregation 
 shall always be moderator of the Session, 
 except when, for prudential reasons, it 
 may appear advisable that some other 
 minister should be invited to preside, in 
 which case the pastor may, with the con- 
 currence of the Session, invite such other 
 minister as they may see meet, belonging 
 to the same Presbytery, to preside in that 
 case. The same expedient may be adopted 
 in case of sickness or absence of the pas- 
 tor. — F. G. ch. ix, par. Hi. 
 
 § 60. In cases where the form of govern- 
 ment does not require, either in express 
 terms or by implication, that the modera- 
 tor shall be of the same Presbytery as the 
 congregation, and for which no provision - 
 is made, a member of another Presbytery 
 may be invited to act as moderator, if it be 
 found to be expedient. — 31. 0. S. G. A. 
 1844, £>. 359. 
 
 § 61. It is expedient, at every meeting 
 
44 MANUAL OF LAW AND USAGE. 
 
 of the Session, more especially when con- 
 stituted for judicial business, that there be 
 a presiding minister. When, therefore, a 
 church is without a pastor, the moderator 
 of the Session shall be either — 
 
 (a) The minister appointed for that 
 purpose by the Presbytery ; or 
 
 (6) One invited by the Session to pre- 
 side on a particular occasion ; but 
 
 (c) When it is impossible, without 
 great inconvenience, to procure the at- 
 tendance of such moderator, the Session 
 may proceed without it. — F. G. ch. ix, 
 par. iv. 
 
 § 62. Except that one or two elders in 
 the absence of a minister would not be a 
 quorum, without which no business can be 
 •transacted. 
 
 § 63. In congregations where there are 
 two or more pastors, they shall, when 
 present, alternately preside in Session. — - 
 F. G. ch. ix, par. v. 
 
THE SESSION. 45 
 
 Clerk. 
 § 64. Every Session shall elect one of 
 its members as clerk to record their trans- 
 actions, whose continuance shall be during 
 pleasure. 
 
 § 65. How a Session may be convened — 
 
 (a) The pastor has power to convene 
 the Session when he may judge it re- 
 quisite. 
 
 (b) The pastor shall always convene 
 them when requested to do so by any 
 two elders. 
 
 (c) The Session shall also convene 
 when directed so to do by the Presby- 
 tery. — F. G. ch. ix, par. mi. 
 
 Duties of the Session. 
 
 § 66. The church Session is charged 
 with maintaining the spiritual govern- 
 ment of the congregation ; for which pur- 
 pose — 
 
 (a) They have power to inquire into 
 
 the knowledge and Christian conduct of 
 
 the members of the church. 
 
46 MANUAL OF LAW AND USAGE. 
 
 (b) To call before them offenders and 
 witnesses, being members of their own 
 congregation, and to introduce other 
 witnesses where it may be necessary to 
 bring the process to issue, and when 
 they can be procured to attend. 
 
 (c) To receive members into the 
 church. 
 
 (d) To admonish, to rebuke, to sus- 
 pend, or exclude from the sacraments 
 those who are found to deserve censure. 
 
 (e) To concert the best measures for 
 promoting the spiritual interests of the 
 congregation. 
 
 (/) To appoint delegates to the Pres- 
 bytery and Synod. — F. G. ch. ix,par. vi. 
 
 (g) The Sabbath schools are under the 
 control of the Session. All the teachers 
 employed, all the books used, and all the 
 regulations, adopted, should be such as 
 the Session may approve. All elections 
 of officers or teachers must be subject to 
 the approval of the Session. The Ses- 
 sion cannot delegate their responsibility 
 for the religious instruction of the chil- 
 
THE SESSION. 47 
 
 drenof thecliurcli.— M. 0. S. G. A. 1840, 
 p. 310) 1841,^.423,427; M.N.S.G.A. 
 1863, .p. 241; 1864, p. 506-508. 
 
 (h) As the whole spiritual affairs of the 
 church are committed to the Session, the 
 music is under their control. Singing is 
 an important part of worship, and the 
 choir must be subject to the Session. — 
 3LO.S.G.AA845, p. 21, 22. 
 
 §67. It is not discretionary with the 
 Session to be represented in Presbytery and 
 Synod ; it is a duty, the neglect of which 
 is censurable. 
 
 § 68. When a member shall be dismissed 
 by the Session with a view to his joining 
 annther church, if he commit an offence 
 previous to his joining the latter he shall 
 be considered as under the jurisdiction of 
 the Session which dismissed him, and 
 amenable to it up to the time when he ac- 
 tually becomes connected with that church 
 to which he was dismissed and recom- 
 mended. — B. D. ch. x, par. i. 
 
48 MANUAL OF LAW £_\I> USAGE. 
 
 § 69. But if he actually join the new 
 body before his crime comes to light then 
 that body shall be bound to conduct the 
 process against him. — B. D. ch. x,par. in. 
 
 § 70 The dismissal of a ruling elder by 
 letter from a church, terminates his official 
 relations with that church, except so far 
 as said church is responsible for its watch 
 and care over him during the period of 
 transition.— if. N. S. G. A. 1867, v. 512. 
 
 § 71. Every Session shall keep a fair 
 record of its proceedings, which record 
 shall be at least once in every year sub- 
 mitted to the inspection of the Presbytery. 
 — F. G. ch. ix, par. viii. 
 
 § 72. It is important that every church 
 Session keep a fair register of marriages, 
 of baptisms, with the times of the birth of 
 the individuals baptized, of persons ad- 
 mitted to the Lord's table, and of the 
 deaths, and other removals of church 
 members. — F. G. ch. ix, par. ix. 
 
THE SESSION. 49 
 
 § 73. The Session, being the first court 
 of the Church, must carefully guard the 
 rights of the people. They shall not deny 
 the right of petition or of complaint to any 
 member or members of the church in any 
 matter, of whatsoever nature, if it be pros- 
 ecuted in due form and order. 
 
 § 74. If a suspended member should 
 unite with another church on profession of 
 faith, the Session admitting him being ig- 
 uorant of his former membership and sus- 
 pension, should, upon discovery of these 
 facts after conference with the accused 
 person, strike his name from their roll of 
 church members as not under their juris- 
 diction, communicate their action to the 
 Session suspending him, with the reasons 
 for it, and request said Session to proceed 
 against him, on separate process, for du- 
 plicity and disorder.— M. N. S. G. A. 1866, 
 p. 269. 
 
 § 75. While the constitution of the 
 Church provides for no demission of her 
 members or the striking off of names from 
 
50 MANUAL OF LAW ANL USAGE. 
 
 her roll, save as the result of death or of 
 excommunication, it may nevertheless be 
 well for each church to record on a sep- 
 arate list the names of those who have 
 been absent for more than two years from 
 "their church relations, and whose resi- 
 dence is unknown; and names- thus re- 
 corded may be omitted in the statistical re- 
 turns of the church.— M. G. A. 1872, p. 89. 
 
 § 76. The Session has no control over 
 the funds collected and in the hands of the 
 deacons for the benefit of the poor of the 
 church. The management of this fund 
 belongs exclusively to the deacons. — M. 0. 
 S.G.A.im*l,p.M. 
 
 § 77. The Session may not invite a min- 
 ister of the gospel, even of the same Pres- 
 bytery to which the church belongs, to sit 
 as a corresponding member, and then as- 
 sign him, at the request .of an accused 
 brother, as counsel for the accused ; nor 
 employ any one as counsel who is not a 
 member of the judicatory. — 31. N. S. G. A. 
 1851, p. 29. 
 
THE PRESBYTERY. 51 
 
 CHAPTER V. 
 
 THE PRESBYTERY. 
 
 § 78. A Presbytery consists of all the 
 ministers, in number not less than five, 
 and one ruling elder from each congrega- 
 tion, within a certain district, (F. G. ch. 
 x,par. ii,) as amended by Presbyteries in 
 1870, and declared by the General Assem- 
 bly 1871. —M. G. A. mo, p. 89 ; 1871, p. 
 594. 
 
 § 79. Every congregation which has a 
 stated pastor has a right to be represented 
 by one elder ; and every collegiate church 
 by two or more elders, in proportion to the 
 number of its pastors.— F. G. ch. x, par. 
 in. 
 
 § 80. Where two or more congregations 
 are united under one pastor, all such con- 
 gregations shall have but one elder to rep- 
 resent them. — F. G. ch. x,par. iv. 
 
52 MANUAL OP LAW AND USAGE. 
 
 § 81. Every vacant congregation, which 
 is regularly organized, shall be entitled 
 to be represented by one ruling elder. — F, 
 G. cJi. x,par. v. 
 
 Quorum. 
 
 § 82. Any three ministers, and as many 
 elders as may be present belonging to the 
 Presbytery, being met at the time and 
 place appointed, shall be a quorum com- 
 petent to proceed to business — F. G. ch. x, 
 par. vii. 
 
 § 83. Any three ministers of a Presby- 
 tery, being regularly convened, are a quo- 
 rum competent to the transaction of all busi- 
 ness, without the presence of an elder. — 
 Jf. O.S.G.A. 1843, p. 196. 
 
 The Powers of Presbytery. 
 
 § 84. The Presbytery has power — 
 
 (a) To receive and issue appeals from 
 church Sessions and references brought • 
 before them in an orderly manner ; 
 
THE PRESBYTERY. 53 
 
 (6) To examine and license candidates 
 for the holy ministry ; 
 
 (c) To ordain, install, remove, and 
 judge ministers; 
 
 (d) To examine and approve or cen- 
 sure the records of church Sessions ; 
 
 (e) To resolve questions of doctrine or 
 discipline seriously and reasonably pro- 
 posed ; 
 
 (/) To- condemn erroneous opinions 
 which injure the purity and peace of the 
 Church ; 
 
 (g) To visit particular churches, for 
 the purpose of inquiring into their state 
 and redressing the evils that may have 
 arisen in them ; 
 
 (7i) To unite or divide congregations 
 at the request of the people, or to form or 
 receive new congregations, and in gen- 
 eral to order whatever pertains to the 
 spiritual welfare of the churches under 
 their care. — F. G. ch. x,par. viii. 
 
 § 85. It shall he the duty of the Presby- 
 tery to keep a full and fair record of their 
 
54 MANUAL OF LAW AND USAGE. 
 
 proceedings, and to report to the Synod 
 every year licensures, ordinations, the re- 
 ceiving or dismissing of members, the re- 
 moval of members by death, the union or 
 division of congregations or the formation 
 of new ones, and in general all the im- 
 portant changes which may have taken 
 place within their bounds in the course of 
 the year. — F. G. ch. x,par. ix. 
 
 § 86. The Presbytery shall meet on its 
 own adjournment; and when any emerg- 
 ency shall require a meeting sooner than 
 the time to which it stands adjourned, the 
 moderator, or in case of his absence, death, 
 or inability to act, the stated clerk shall, 
 with the concurrence or at the request of 
 two ministers and two elders, the elders be- 
 ing of different congregations, call a special 
 meeting. For this purpose he shall send 
 a circular letter, specifying the particular 
 business of the intended meeting, to every 
 minister belonging to the Presbytery and 
 to the Session of every vacant congregation 
 in due time previous to the meeting : which 
 
THE PRESBYTERY. 55 
 
 shall not be less than ten days. And noth- 
 ing shall be transacted at such special meet- 
 ing besides the particular business for which 
 the judicatory has been thus convened. — F. 
 G. ch.x,par. x. 
 
 § 87. If a particular time and place be 
 specified in the application for a pro re nata 
 meeting of the Presbytery, the moderator, 
 on such application, is not competent to call 
 a meeting at a different time and place. — 
 M. O.ft £..4.1856,^.522. 
 
 § 88. At every (stated) meeting of Pres- 
 bytery a sermon shall be delivered, if con- 
 venient, (by the retiring moderator, or at 
 his request by some other minister;) and 
 every particular session of the body shall 
 be opened and closed with prayer. — F. G. 
 ch. x,par. xi. 
 
 § 89. Ministers in good standing in other 
 Presbyteries or in any sister (evangelical) 
 Churches, who may happen to be present, 
 may be invited to sit with the Presbytery 
 
56 MANUAL OF LAW AND USAGE. 
 
 as corresponding members. Such members 
 shall be entitled to deliberate and advise, 
 but not to vote in any decisions of the Pres- 
 bytery. — F. G. ch. Xjpar. xii. 
 
 § 90. Where a minister is supplying two 
 congregations, one as the regular pastor 
 and the other as a stated supply, each of 
 these churches has the right to be repre- 
 sented by an elder at the same meeting of 
 Presbytery.— M. 0. S. G. A. 1847,^. 377. 
 
 § 91. No ruling elder who has retired 
 from the active exercise of his office in the 
 church to which he belongs can be admitted 
 as a member of any of our courts. — M. G. 
 A. 1835, p. 32. 
 
 § 92. A deposed minister, desiring to be 
 restored, must apply to the Presbytery that 
 deposed him and not to any other. — M. N. 
 8. G. A. 1859, p. 18. 
 
 § 93. A minister holding a letter of dis-* 
 mission is a member of the Presbytery 
 
THE PRESBYTERY. 57 
 
 dismissing him, and is always to be consid- 
 ered under their jurisdiction until he act- 
 ually becomes a member of another. — B. 
 D. ch. x, par. ii. 
 
 § 94. If, however, a minister shall be 
 charged with a crime which appears to 
 have been committed during the interval 
 between the date of his dismission and his 
 actual 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 pro- 
 cess against him. — B. D. ch. x,par. Hi. 
 
 § 95. No Presbytery shall dismiss a min- 
 ister, or licentiate, or candidate for licen- 
 sure, without specifying the particular 
 Presbytery or other ecclesiastical body 
 with which he is to be connected. — B. D. 
 ch. x, par. iv. 
 
 § 96. The Presbytery cannot dismiss a 
 member by a standing committee. The 
 moderator and clerk have no such authori- 
 ty.— If. G. A. 1830, p. 302. 
 
58 MANUAL OF LAW AND USAGE. 
 
 § 97. The name of a suspended minister 
 should not be removed from the roll. — M. 
 O.8.G.A. 1847, p. 398. 
 
 § 98. As the name of every minister 
 under trial, even, must be properly on the 
 roll of some Presbytery, it should not be 
 finally erased until the completion of all 
 the ecclesiastical proceedings connected 
 with the case : until it has been issued in 
 all the courts to which it may be taken. — 
 M. N.S.G. A. 18M, p. 271. 
 
 § 99. The Presbytery cannot dismiss a 
 congregation to another Presbytery with- 
 out the approbation of Synod. — 31. G. A. 
 1823, p. 91. 
 
 § 100. The Presbytery has the right to 
 refuse to install a minister when in their 
 judgment the salary is insufficient, even 
 though requested to do so by the congre- 
 gation and the pastor elect. — M. 0. S. G. 
 A. 1855, p. 212. 
 
 § 101. A Session may be represented by 
 
THE PRESBYTERY. 59 
 
 a different elder at adjourned meetings of 
 the Presbytery.— M, G. A. 1872, p. 68. 
 
 § 102. The commissioners to the General 
 Assembly shall always be appointed by 
 the Presbytery from which they come at 
 its last stated meeting immediately pre- 
 ceding the meeting of the General As- 
 sembly: Provided, that there be a suffi- 
 cient interval between that time and the 
 meeting of the Assembly for their com- 
 missioners to attend to their duty in due 
 season ; otherwise, the Presbytery may 
 make the appointment at any stated meet- 
 ing, not more than seven months preced- 
 ing the meeting of the Assembly. And 
 as much as possible to prevent all failure 
 in the representation of the Presbyteries, 
 arising from unforeseen accidents to those 
 first appointed, it may be expedient for 
 each Presbytery, in the room of each com- 
 missioner, to appoint also an alternate 
 commissioner to supply his place in case 
 of necessary absence. — F. G. ch. ocxii, 
 par. ii. 
 
60 MANUAL OF LAW AND USAGE. 
 
 § 103. Each commissioner, before his 
 name shall be enrolled as a member of the 
 Assembly, shall produce from his Presby- 
 tery a commission, under the hand of the 
 moderator and clerk, in the following or 
 like form, viz : 
 
 The Presbytery of , being met at , on 
 
 the day of , A. D. 18 — , doth hereby ap- 
 point , (minister or elder, as the case may be,) to 
 
 be a commissioner on behalf of this Presbytery to the 
 next General Assembly of the Presbyterian Church in 
 
 the United States of America, to meet at , on 
 
 the day of , A. D. 18—, or wherever and 
 
 whenever the said Assembly may happen to sit; to 
 consult, vote, and determine on all things that may 
 come before that body, according to the principles and 
 constitution of this Church and the Word of God. And 
 of his diligence herein he is to render an account at 
 his return. 
 
 Signed, by order of the Presbytery, 
 
 , Moderator. 
 
 , Stated Clerk. 
 
 And the Presbytery shall make record 
 of the appointment. — F. G. ch. xxii, par. ii. 
 
 § 104. The expenses of commissioners to 
 the General Assembly are paid from the 
 contingent fund of the Assembly when 
 
THE PRESBYTERY. 61 
 
 their Presbyteries pay to that fund the 
 annual assessment of the Assembly. 
 
 Rules for Receiving Foreign Ministers. 
 
 §105. When any minister or»licentiate 
 from Europe shall come into this country, 
 and desire to become connected with the 
 Presbyterian Church in the United States, 
 he may apply to any committee appointed 
 to direct the services of travelling ministers 
 and candidates ; which committee shall in- 
 spect his credentials, and, by examination 
 or otherwise, endeavor to ascertain his 
 soundness in the faith and experimental 
 acquaintance with religion ; his attain- 
 ments in divinity and literature ; his moral 
 and religious character and approbation 
 of our public standards of doctrine and dis- 
 cipline. If the result shall be such as to 
 encourage further trial, said committee 
 may give him appointments to supply- and 
 recommend him to the churches till the 
 next meeting of the Presbytery to which 
 such committee belongs. It shall then 
 become the duty of such minister or licen- 
 
62 MANUAL OF LAW AND USAGE. 
 
 tiate to apply to that Presbytery, or to 
 any other in whose bounds he may incline 
 to labor: Provided always, that he make 
 his application to the Presbytery at their 
 first meeting after his coming within their 
 bounds; and also that immediately pn 
 coming within the bounds of any Presby- 
 tery he apply to their committee to judge 
 of his certificate of approbation, and if 
 they think it expedient to make him ap- 
 pointments; or, if it shall be more con- 
 venient, the application may be made to 
 the Presbytery in the first instance; but it 
 shall be deemed irregular for any foreign 
 minister or licentiate to preach in any 
 vacant church till he have obtained the 
 approbation of some Presbytery or com- 
 mittee of Presbytery in manner aforesaid. 
 The Presbytery to which such minister or 
 licentiate may apply shall carefully ex- 
 amine his credentials, and not sustain a 
 mere certificate of good standing unless 
 corroborated by such private letters or 
 other collateral testimony as shall fully 
 satisfy them as to the authenticity and suf- 
 
THE PRESBYTERY. 63 
 
 ficiency of his testimonials. After inspect- 
 ing any evidences of his literary acquire- 
 ments which may be laid before them, the 
 Presbytery shall enter into a free conver- 
 sation with him, in order to discover his 
 soundness in the faith and experimental 
 acquaintance with religion. If they shall 
 obtain satisfaction on these several articles, 
 they shall proceed to examine him on the 
 learned languages, the arts, sciences, theol- 
 ogy, church history, and government; nor 
 shall they receive him, unless he shall ap- 
 pear to have made such attainments in these 
 several branches as are required of those 
 who receive their education or pass their 
 trials among ourselves. But if, upon the 
 whole, he appears to be a person worthy of 
 encouragement, and who promises useful- 
 ness in the Church, they shall receive him 
 as a minister or candidate on probation, 
 he first adopting our standards of doctrine 
 and discipline, and premising subjection to 
 the Presbytery in the Lord. During this 
 state of probation he may preach the gos- 
 pel when regularly called, either as a stated 
 
64 MANUAL OF LAW AND USAGE. 
 
 or occasional supply; and if an ordained 
 minister, perform every part ©f the minis- 
 terial functions, except that he may not 
 vote in any judicatory or accept a call for 
 settlement. 
 
 § 106. If the foreigner who shall apply 
 to any Presbytery or committee, as afore- 
 said, be an ordained minister, such com- 
 mittee or Presbytery may, at their discre- 
 tion, dispense with the special examination 
 on literature in this act prescribed, pro- 
 vided he shall exhibit satisfactory evidence 
 that he has received such education, and 
 made such progress in languages, arts, and 
 sciences as are required by the Constitu- 
 tion of our Church as qualifications for the 
 gospel ministry. But in all other respects 
 the examination shall be the same as in the 
 case of a licentiate. 
 
 § 107. If, from prospects of settlement 
 or greater usefulness, a minister or licen- 
 tiate under probation in any Presbytery 
 6hall wish to move into the bounds of 
 
THE PRESBYTERY. 65 
 
 another, he shall receive a dismission, con- 
 taining a certificate of his standing and 
 character, from the Presbytery under 
 whose care he shall have been ; which cer- 
 tificate shall entitle him to the same stand- 
 ing in the Presbytery into whose bounds 
 he shall come, except that from the time 
 of his coming under the care of this latter 
 Presbytery a whole year shall elapse be- 
 fore they come to a final judgment respect- 
 ing his reception. 
 
 § 108. When any foreign minister or 
 licentiate, received on certificate or pur- 
 suant to trials in any Presbytery, shall 
 have resided generally and preached with- 
 in their bounds and under their direction 
 for at least one year, they shall cause him 
 to preach before them, (if they judge it 
 expedient,) and taking into consideration 
 as well the evidence derived from their 
 former trials as that which may arise from 
 his acceptance in the churches, his pru- 
 dence, his gravity, and godly conversa- 
 tion; and from the combined evidence of 
 5 
 
66 MANUAL OF LAW AND USAGE. 
 
 the whole determine either to receive him, 
 to reject him, or to hold him under further 
 probation. In case of receiving him at 
 that or any subsequent period, the Pres- 
 bytery shall report the same to their Synod 
 at its next meeting, together with all the 
 certificates and other testimony on which 
 they received him ; or if it shall be more 
 convenient, this report may be made to the 
 General Assembly. The said Assembly or 
 Synod, as the case may be, shall then in- 
 quire into the proceedings of the Presby- 
 tery in the affair, and if they find them to 
 have been irregular or deficient, they shall 
 recommit them to the Presbytery, in order 
 to a more regular and perfect process. But 
 if the proceedings had in the Presbytery 
 appear to have been conformable to this 
 regulation, they shall carefully examine 
 all the papers laid before them by the 
 Presbytery, or which shall be exhibited 
 by the party concern ed, and considering 
 their credibility and sufficiency, come to a 
 final judgment, either to receive him into 
 the Presbyterian body, agreeably to his 
 standing, or to reject him. 
 
THE PRESBYTERY. 67 
 
 § 109. In order, however, to facilitate 
 the settlement of foreign ministers as soon 
 as may consist with the purity and order 
 of the Church, it is further ordained, that 
 if the proper Synod or the General Assem- 
 bly are not to meet within three months 
 after that meeting of a Presbytery at which 
 a foreign minister on probation is expected 
 to be received, the Presbytery may, if they 
 see cause, lay his testimonials before that 
 meeting of the Assembly or Synod which 
 shall be held next before said meeting of 
 the Presbytery. If the Assembly or Synod 
 shall approve the testimonials, they shall 
 give the Presbytery such information and 
 direction as the case may require, and re- 
 mit the same to them for final issue. In 
 all other cases it shall be deemed irregular 
 for any Synod or General Assembly to re- 
 ceive a foreign minister or licentiate until 
 he shall have passed his period of proba- 
 tion, and been received and reported by 
 some Presbytery in manner aforesaid. 
 
 § 110. No minister or licentiate, after 
 
68 MANUAL OF LAW AND USAGE. 
 
 being rejected by one Presbytery, shall be 
 received by another, or if received through 
 mistake or otherwise, he shall be no longer 
 countenanced or employed after the im- 
 position is discovered. If, however, any 
 minister or licentiate shall think himself 
 aggrieved by the sentence of any Presby- 
 tery, he shall have a right to carry the 
 matter by complaint to the proper Synod, 
 or to the next General Assembly, giving 
 notice thereof to the Presbytery during the 
 meeting at which the sentence was pro- 
 nounced or at the meeting next following. 
 
 § 111. These regulations and provisions 
 relative to the reception of foreign minis- 
 ters and licentiates are to be considered as 
 coming in place of all that have heretofore 
 been established on this subject ; and all 
 judicatures and individuals under the care 
 of the Assembly are to regard them ac- 
 cordingly.— 31. G.A. 1800, jpp. 200-202. 
 
 § 112. The above rules were enforced by 
 the Old School General Assembly and the 
 
THE PRESBYTERY. 69 
 
 New School General Assembly, but the last 
 action of the Assembly is as follows: "In- 
 asmuch as intercourse between the Presby- 
 terian churches of Great Britain and our 
 General Assembly is now much more fre- 
 quent and intimate than in former years, 
 affording the opportunity for mutual ac- 
 quaintance and knowledge of the charac- 
 ter and standing of the ministers in the 
 different churches of both countries : there- 
 fore, resolved, that the regulation requir- 
 ing ministers coming among us from the 
 Presbyterian churches of Great Britain to 
 submit to a year's probation before main- 
 taining ministerial standing is no longer 
 necessary, and is hereby repealed." — M. 
 G.A. 1872, jp. 70. 
 
 § 113. By this act the requirement of a 
 year's probation is repealed, but all the 
 other precautions to be taken in receiving 
 foreign ministers are still in force. 
 
TO MANUAL OF LAW AND USAGE. 
 
 CHAPTER VI. 
 
 THE SYNOD. 
 
 § 114. The Synod is the third in order 
 of the church courts, and is a convention 
 of the bishops and elders within a certain 
 district, including at least three Presby- 
 teries. — F. G. ch. xi, imr. i. 
 
 § 115. The ratio of elders represented in 
 the Synod is the same as that of the Pres- 
 bytery. — F. G. ch. xi, par. i. 
 
 § 116. Any seven ministers, belonging 
 to the Synod, who shall convene at the 
 time and place of meeting, with as many 
 elders as maybe present, shall be a quorum : 
 provided not more than three of the said 
 ministers belong to one Presbytery. — (F. 
 G. ch. xi,par. ii.) The same rule as to cor- 
 responding members which is . laid down 
 for the Presbytery shall apply to Synod. — 
 F. G. ch. xi,par. Hi. 
 
THE SYNOD. 71 
 
 § 117. The Synod shall convene at least 
 once in every year for the transaction of 
 synodical business. — F. G. ch. xi, par. v. 
 
 § 118. Any two or more members meet- 
 ing according to adjournment may adjourn 
 from day to day until a sufficient number 
 attend to make a quorum ; but in case a 
 quorum should not attend within a rea- 
 sonable time, the moderator is competent 
 to fix any time and place he may judge 
 proper for convening the body; and if he 
 be absent, the members should represent 
 the matter speedily to him, that he may 
 act accordingly.— M. G. A. 1796, p. 113. 
 
 § 119. The moderator shall be empow- 
 ered, on any extraordinary emergency, to 
 convene the judicatory by his circular 
 letter before the ordinary time of meeting. 
 —F. G. ch. ccix, par. ii; M. G..A. 1829, p. 
 268 ; M. N. S. G. A. 1855, p. 16. 
 
 § 120. But the moderator cannot change 
 the time and place of the regular meeting. 
 
72 MANUAL OF LAW AND USAGE. 
 
 This may be done by a pro re nata meet- 
 ing or by the higher court at the request oi 
 the members of the Synod. — 31. N. S. G. 
 A. 1854,j9. 500 ; 0. S. G.A. 1849,^. 247. 
 
 § 121. It shall be the duty of the Synod 
 to keep full and fair records of its proceed- 
 ings, to submit them annually to the in- 
 spection of the General Assembly, and to 
 report to the Assembly the number of its 
 Presbyteries and of the members and al- 
 terations of the Presbyteries. — F. G. ch. 
 xi, par. vi. 
 
 § 122. The powers of Synod are — 
 
 (a) To receive and issue all appeals 
 regularly brought up from the Presby- 
 teries ; 
 
 (b) To decide on all references made 
 to them ; 
 
 (c) To- review the records of Presby- 
 teries, and approve or censure them ; 
 
 (d) To redress whatever has been done 
 by Presbyteries contrary to order ; 
 
 (e) To take effectual care that Presby- 
 
THE SYNOD. 73 
 
 teries observe the constitution of the 
 Church ; 
 
 (/) To erect new Presbyteries, and 
 unite or divide those which were before 
 erected ; 
 
 (g) Generally to take such order with 
 respect to the Presbyteries, Sessions, and 
 people under their care as may be in 
 conformity with the Word of God and 
 the established rules, and which tend to 
 promote the edification of the church ; 
 
 (Ji) Finally, to propose to the General 
 Assembly for their adaption such meas- 
 ures as may be of common advantage to 
 the whole Church. — F. G. ch. xi, par. iv. 
 
 § 123. Ministers dismissed by a Presby- 
 tery which has become extinct, and not re- 
 ceived into any other, are to be considered 
 as under the direction of their proper Synod, 
 and ought to be disposed of as the Synod 
 may order.— if. G. A. 1825, p. 146, 147. 
 
 § 124. Members of an inferior judicatory 
 may not vote on the approval of their own 
 
74 MANUAL OF LAW AND USAGE. 
 
 minutes in Synod.— M. G.A. 1816, #. 611; 
 1821, j>. 23. 
 
 § 125. When exceptions are taken to 
 the records of a Presbytery, the exceptions 
 must be stated and reasons assigned on 
 the minutes of the Synod.— M. G.A. 1820, 
 p. 728; 1827,i?. 202; N. S. G. A. 1857, jp. 
 387. 
 
 § 126. The minutes must be read at the 
 close of the meeting and approved, and 
 when recorded, must be attested by the 
 stated clerk. 
 
THE GENERAL ASSEMBLY. 75 
 
 CHAPTER VII. 
 
 THE GENERAL ASSEMBLY. 
 
 § 12*7. The General Assembly is the 
 fourth of the ecclesiastical judicatories, and 
 the last and highest court of resort, and is 
 entitled The General Assembly of the 
 Ppesbyterian Church in the United States 
 of America. — F. G. ch. xii, par. i. 
 
 § 128. It consists of an equal delegation 
 of ministers and elders from each Presby- 
 tery. — G. F. ch. xii, par. ii. 
 
 § 129. These delegates are styled Com- 
 missioners to the General Assembly. 
 
 § 130. Any fourteen or more of these 
 commissioners, one-half of whom shall be 
 ministers, having met on the day and at 
 the place appointed, shall be a quorum for 
 the transaction of business. — F. G. ch. xii, 
 par. Hi. 
 
76 MANUAL OF LAW AND USAGE. 
 
 § 131. The General Assembly shall meet 
 at least once in every year. On the day 
 appointed for that purpose the moderator 
 of the last Assembly if present, or in case 
 of his absence some other minister, shall 
 open the meeting with a sermon, and pre- 
 side until a new moderator be chosen. — F. 
 G. ch. xii, par. vii. 
 
 § 132. No commissioner shall have a 
 right to deliberate or vote in the Assembly 
 until his name shall have been enrolled 
 by the clerk and his commission examined 
 and filed among the papers of the Assem- 
 bly. — F. G. ch. xii, par. vii. 
 
 § 133. The stated and permanent clerks 
 constitute a standing committee of com- 
 missions, to whom commissioners must 
 hand their commissions previously to the 
 opening of the Assembly : afterward to the 
 Committee on Elections. 
 
 § 134. The only persons entitled to sit 
 as corresponding members of the Assembly 
 
THE GENERAL ASSEMBLY. 77 
 
 are delegates from other Churches with 
 which the Assembly may be in correspond- 
 ence ; the secretary of any of the perma- 
 nent committees or boards while the busi- 
 ness of that committee or board is under 
 consideration in the house ; and the stated 
 and permanent clerks. 
 
 Powers of the General Assembly. 
 
 § 135. The General Assembly shall re- 
 ceive and issue appeals and references 
 which may be regularly brought before 
 them from the inferior judicatories. — F. &. 
 ch. xii, par. iv. 
 
 § 136. They shall review the records of 
 every Synod, and approve or censure them. 
 —Ibid. 
 
 § 137. They shall give their advice and 
 instruction in all cases submitted to them 
 in conformity with the Constitution of the 
 Church. — Ibid. 
 
 § 138. They shall constitute the bond 
 of union, peace, correspondence, and mu- 
 
78 MANUAL OF LAW AND USAGE. 
 
 tual confidence among all our churches. — 
 F. G. cli. xii, par. v. 
 
 § 139. They have power to decide in all 
 controversies respecting doctrine and dis- 
 cipline. — Ibid. 
 
 § 140. To reprove, warn, or hear testi- 
 mony against error in doctrine or immoral- 
 ity in practice in any church, Presbytery, 
 or Synod. — Ibid. 
 
 § 141. To erect new Synods when it may 
 he judged necessary. — Ibid. 
 
 § 142. To superintend the concerns of 
 the whole Church. — Ibid. 
 
 § 143. To correspond with foreign 
 Churches, on such terms as may he agreed 
 upon by the Assembly and the correspond- 
 ing body. — Ibid. 
 
 § 144. To suppress schismatical conten- 
 tions and disputations. — Ibid, 
 
THE GENERAL ASSEMBLY. 79 
 
 § 145. In general, to recommend and 
 attempt reformation of manners, and the 
 promotion of charity, truth, and holiness 
 through all the churches under their care. 
 — Ibid. 
 
 § 146. The General Assembly, however, 
 is not a legislative body ; as, before any 
 overtures or regulations proposed by the 
 Assembly to be established as constitutional 
 rules shall be obligatory on the churches, 
 it shall be necessary to transmit them to 
 all the Presbyteries, and to receive the re- 
 turns of at least a majority of them, in 
 writing, approving thereof. — F. G. ch. xii, 
 par. vi. 
 
 § 147. It is ordinarily undesirable for 
 the General Assembly to decide questions 
 in thesi, which are liable to be brought 
 before it in its judicial capacity, as it may 
 thus virtually prejudge cases of discipline ; 
 it appears better that it should ordinarily 
 follow, in this respect, the uniform prac- 
 tice of civil courts, to decide legal princi- 
 
80 MANUAL OF LAW AND USAGE. 
 
 pies only upon actual cases presented. — 
 M. 0. S. G. A. 1844, p. 366; N. 8. G A. 
 1856, p. 213. 
 
 § 148. The Assembly cannot reverse the 
 judicial acts of a former Assembly unless 
 error be shown.— if. G. A. 1824, p. 213. 
 
 § 149. The Assembly may reconsider 
 and reverse a manifestly erroneous decision 
 of a former Assembly.— M. 0. S. G. A. 
 1842, p. 33 ; N. 8. G. A. 1864, p. 475. 
 
 § 150. It is not competent for the General 
 Assembly to revise the proceedings of a 
 previous Assembly in a judicial case. — M. 
 O.S. G.A. 1864, p. 313. 
 
 Time of Meeting. 
 
 § 151. Many years' usage has fixed the 
 meeting of the Assembly statedly on the 
 third Thursday of May in each year. 
 
 Order of Organizing. 
 
 § 152. At 11 o'clock the opening sermon 
 is preached by the moderator by whose 
 
THE GENERAL ASSEMBLY. 81 
 
 mandate the Assembly has been convened. 
 Immediately after sermon he opens the 
 session with prayer, and calls for the re- 
 port of the Committee on Commissions. 
 This report being read, a Committee of Elec- 
 tions is appointed. There is now usually 
 a recess until after dinner. The Commit- 
 tee of Elections then bring in their report, 
 and the roll being thus completed, a mod- 
 erator and temporary clerks are chosen ; 
 the duties of the last moderator terminate 
 with the inauguration of his successor. 
 
 Absence of the Moderator. 
 
 § 153. In the absence of the moderator, 
 no person is authorized to open the ses- 
 sions of the Assembly, or to preside at the 
 opening of said sessions, except a commis- 
 sioner to the Assembly, selected for the 
 purpose by the commissioners, met at the 
 time and place fixed for said meeting. — M. 
 O.S. G.A.l843,p.lU. 
 
 Election of a Moderator. 
 
 § 154. Any commissioner may nominate 
 6 
 
82 MANUAL OF LAW AND USAGE. 
 
 a candidate for the chair. The candidates 
 so pointed out shall then severally give 
 their votes for some one of their number 
 and withdraw, when the remaining com- 
 missioners shall proceed viva voce to choose 
 one of the said candidates for moderator. 
 
 § 155. A majority of all the votes given 
 are necessary to a choice. — M. 0. S. G.A. 
 1846, #.189, 
 
 Installing the Moderator. 
 
 § 156. When the new moderator hath 
 been elected, before he take the chair the 
 former moderator shall address him and 
 the house in these words : 
 
 Sir: It is my duty to inform you and announce to 
 this house that you are duly elected to the office of 
 moderator in this General Assembly. For your direc- 
 tion in office, and for the direction of this Assembly 
 in all their deliberations, before I leave this seat I am 
 to present to you and this house the rules of this As- 
 sembly, which I doubt not will be carefully observed 
 by both in conducting the business that may come 
 before you. 
 
 Having now presented these rules, according to 
 order, for your instruction as moderator and for the 
 
THE GENERAL ASSEMBLY. 83 
 
 direction of all the members in the management of 
 business, praying that Almighty God may direct and 
 bless all the deliberations of this General Assembly for 
 the glory of His name and for the edification and com- 
 fort of the Presbyterian Church in the United States, I 
 resign my place and office as moderator. 
 
 —M. G.AAS22,pp. 15,16. 
 
 Stated Clerk. 
 
 § 157. The stated clerk shall transcribe 
 for the press such parts as may be neces- 
 sary of the minutes ordered to be published 
 from year to year. He shall correct the 
 press, and superintend the printing of all 
 the minutes and papers which shall be or- 
 dered to be printed by the General Assem- 
 bly. As soon as the extracts are printed 
 from year to year, he shall send one copy 
 by mail to each Presbytery and a copy to 
 each minister of every Presbytery that pays 
 the full assessment to the contingent fund 
 of the General Assembly. 
 
 He shall have charge of all the books 
 and papers of the General Assembly ; shall 
 cause their minutes to be fairly transcribed 
 into the book or books provided for the 
 
81 MANUAL OP LAW AND USAGE. 
 
 purpose; and give attested copies of all 
 minutes and other documents when prop- 
 erly required so to do. 
 
 Permanent Cleric. 
 
 § 158. The duty of the permanent clerk 
 shall be, from year to year, to draught the 
 minutes of the Assembly during their ses- 
 sions, and afterwards to perform such ser- 
 vices respecting the transcribing, printing, 
 and distributing the extracts as shall be 
 assigned him from time to time. 
 
 The permanent clerk shall furnish all 
 the stationery for the use of the Assembly 
 and the several clerks. He shall make the 
 original draught of all the minutes, and 
 give certified copies, as occasion may re- 
 quire, of all such as may be proper to be 
 transmitted to the trustees of the General 
 Assembly, or any of their officers. After 
 the Assembly rises, from year to year, he 
 shall carefully revise the manuscript, ren- 
 der it correct and legible, and deliver it 
 over to the stated clerk. 
 
THE GENERAL ASSEMBLY. 85 
 
 Temporary Clerks. 
 » 
 § 159. Two temporary clerks are chosen 
 
 by each Assembly to read the minutes and 
 communications to the Assembly, and oth- 
 erwise aid the permanent clerk as occasion 
 may require. 
 
 Choice of Clerks not confined to Members of 
 the Assembly. 
 
 § 160. That it be considered as the right 
 of every member of the Assembly to vote 
 for a clerk who is not a member of the 
 body.— 31. G. A. 1793,^. 64. 
 
 § 161.. Each session of the Assembly 
 shall be opened and closed with prayer. 
 And the whole business of the Assembly 
 being finished, and the vote taken for dis- 
 solving the present Assembly, the modera- 
 tor shall say from the chair : 
 
 By virtue of the authority delegated to me by the 
 Church, let this General Assembly be dissolved, and I do 
 hereby dissolve it, and require another General Assem- 
 bly, chosen in the same manner, to meet at , on 
 
 the day of , A. D. . 
 
86 MANUAL OF LAW AND USAGE. 
 
 After which he shall pray and return 
 thanks, and* pronounce on those present 
 the apostolic benediction. — F. G. ch. xii, 
 par. viii: 
 
OFFICERS OF CHURCH COURTS. 87 
 
 CHAPTER VIII. 
 
 OFFICERS OF CHURCH COURTS. 
 
 § 162. In every church court, properly 
 and fully constituted, there are certain of- 
 ficers, to whom definite powers and duties 
 appertain. 
 
 § 163. In a church Session, the officers 
 are a moderator and clerk. 
 
 § 164. When a Session is convened and 
 properly constituted for business, the mod- 
 erator must preside. 
 
 § 165. In the absence of the clerk, the 
 Session must choose a clerk pro tempore, 
 who shall record the proceedings and trans- 
 mit them to the clerk to be recorded in due 
 form. 
 
 § 166. The officers of a Presbytery are a 
 moderator, a stated clerk, and temporary 
 clerk. 
 
88 MANUAL OF LAW AND USAGE. 
 
 § 167. The moderator of a Presbytery 
 is a minister chosen by the body to fill the 
 place from one stated meeting to the next, 
 that is, for a period of six months. 
 
 § 168. At a stated meeting of Presbytery, 
 after the calling of the roll by the stated 
 clerk, the first business in order is the elec- 
 tion of a moderator, and the person so elect- 
 ed must immediately take the chair. 
 
 § 169. Such moderator must, when re- 
 quired, call all pro re nata meetings, and 
 preside at all meetings of the body during 
 his term of office. He must also preach 
 the opening sermon at the next stated meet- 
 ing, and preside in such meeting until his 
 successor is elected. 
 
 § 170. The stated clerk should be present 
 at every meeting of the body to discharge 
 the duties assigned him ; and in case of his 
 absence or inability to act, the body must 
 choose a clerk pro tempore. 
 
 § 171. The temporary clerk may be elect- 
 
OFFICERS OF CHURCH COURTS. 89 
 
 ed at every meeting of the body, and his 
 duty is to make a fair record of the proceed- 
 ings of the meeting and transmit them to 
 the stated clerk for record. 
 
 § 172. The treasurer is usually elected 
 by the body from the ruling elders for an 
 indefinite period. His duties are to receive 
 and disburse the funds of the body accord- 
 ing to their direction, and to make a report 
 of his accounts to the body annually. 
 
 § 1*73. The officers of a Synod are the 
 same as in the Presbytery, and their mode 
 of election, continuance in office, and sev- 
 eral duties, are governed by the same gen- 
 eral rules. 
 
 § 174. The officers of the General Assem- 
 bly are moderator, stated clerk, permanent 
 clerk, and temporary clerks. 
 
90 MANUAL OF LAW AND USAGE. 
 
 CHAPTER IX. 
 
 COMMITTEES AND COMMISSIONS. 
 
 § 175. In every church court, as well ag 
 in every particular church or congregation, 
 there are requisite various committees for 
 the expedition and proper transaction of 
 the business pertaining to each part and 
 to the whole Church, and for its general 
 edification and prosperity. 
 
 § 176. The committees of the General 
 Assembly are divided into three classes, 
 viz: Permanent committees or boards, 
 standing committees, and special commit- 
 tees. 
 
 § 177. The permanent committees or 
 boards are at present (1873) as follows: 
 
 Home Missions, located at New York. 
 
 Foreign Missions, located at New 
 York. 
 
 Education, located at Philadelphia. 
 
COMMITTEES AND COMMISSIONS. 91 
 
 Church Erection, located at New York. 
 
 Ministerial Relief, located at Philadel- 
 phia. 
 
 Publication, located at Philadelphia. 
 
 Freedraen, located at Pittsburg. 
 
 Sustentation Fund, located at Alle- 
 gheny. 
 
 Manses, located at Philadelphia. 
 
 Benevolence and Finance, located at 
 New York. 
 
 § 1*78. These committees or boards are 
 constituted of ministers and elders chosen 
 by the Assembly usually from the vicinity 
 of the centre of their operations ; and their 
 duties are sufficiently indicated by the des- 
 ignations of the boards themselves. They 
 are generally incorporated, or organized 
 under the laws of the State where they are 
 located, and governed by the regulations 
 of their respective charters or organiza- 
 tions. 
 
 § 179. The standing committees are 
 those which are appointed by the modera- 
 
92 MANUAL OF LAW AND USAGE. 
 
 tor of each Assembly for the execution of 
 the business of that Assembly, and are usu- 
 ally announced by him on the morning of 
 the second day of the sessions. They are 
 as follows: 
 
 Bills and Overtures, consisting of eight 
 ministers and seven elders. 
 
 Judicial, consisting of eight ministers 
 and seven elders. 
 
 Polity of the Church, consisting of 
 eight ministers and seven elders. 
 
 Foreign Missions, consisting of eight 
 ministers and seven elders. 
 
 Home Missions, consisting of eight 
 ministers and seven elders. 
 
 Education, consisting of eight minis- 
 ters and seven elders. 
 
 Publication, consisting of eight min- 
 isters and seven elders. 
 
 Church Erection, consisting of eight 
 ministers and seven elders. 
 
 Theological Seminaries, consisting of 
 eight ministers and seven elders. 
 
 Sustentation Fund, consisting of eight 
 ministers and seven elders. 
 
COMMITTEES AND COMMISSIONS. 93 
 
 Ministerial Belief, consisting of eight 
 ministers and seven elders. 
 
 Freedmen, consisting of eight minis- 
 ters and seven elders. 
 
 Correspondence, consisting of eight 
 ministers and seven elders. 
 
 Narrative, consisting of three minis- 
 ters and two elders. 
 
 Leave of Absence, consisting of eight 
 ministers and seven elders. 
 
 Mileage, consisting of five elders. 
 
 Finance, consisting of five elders. 
 
 Devotional Exercises, consisting of 
 three ministers and two elders. 
 
 Synodical Records, consisting of one 
 minister and one elder for each. 
 
 § 180. These committees act only during 
 the sessions of the Assembly for which 
 they are appointed, and are dissolved after 
 they have completed their duties. 
 
 1. Bills and Overtures. 
 
 § 181. Petitions, questions relating 
 either to doctrine or order, intended to be 
 
94 MANUAL OF LAW AND USAGE. 
 
 brought before the Assembly for decision, 
 and in general all new propositions tend- 
 ing to general laws, shall usually be laid 
 before the Committee on Bills and Over- 
 tures before they be offered to the Assem- 
 bly. 
 
 2. Judicial. 
 
 § 182. The duty of this committee shall 
 be to take into consideration all appeals 
 and references brought to the Assembly ; 
 to ascertain whether they are in order ; to 
 digest and arrange all the documents re- 
 lating to the same ; and to propose to the 
 Assembly the best method of proceeding in 
 each case. 
 
 3. Polity. 
 
 § 183. To this committee is referred to 
 examine and settle the true roll of the 
 Presbyteries and Synods connected with 
 the Assembly ; and to receive the reports 
 of the several Presbyteries on amending 
 the Constitution of the Church. 
 
COMxMITTEES AND COMMISSIONS. 95 
 
 § 184. The duties of the other commit- 
 tees are sufficiently indicated by the titles 
 which designate them. 
 
 § 185. There are likewise two other com- 
 mittees, which may be called standing com- 
 mittees : The Committee on Commissions, 
 consisting of the stated and permanent 
 clerks ; and the Committee on Elections, 
 usually consisting of two ministers and one 
 elder, appointed on the first day of the 
 meeting, whose duty it is to report on the 
 admission of any new members during the 
 sessions of the body. 
 
 § 186. The special committees are such, 
 as are raised from time to time in the reg- 
 ular order of business and for the special 
 purposes and duties for which they are 
 appointed. Such committees are usually 
 provided for by motion of some member, 
 and chosen by a vote or appointed by the 
 moderator under direction of the body. 
 
 Sy nodical Committees. 
 § 187. There is considerable variety in 
 
96 MANUAL OF LAW AND USAGE. 
 
 the different Synods as to the number and 
 designation of their committees. However, 
 they may generally be divided into three 
 classes, viz: Permanent or standing com- 
 mittees, regular committees, and special 
 committees. 
 
 § 188. The permanent or standing com- 
 mittees are such as are appointed for an 
 indefinite term, to have charge of the mat- 
 ters respectively committed to them within 
 the bounds of the Synod ; and they are in- 
 tended to correspond to the like series of 
 committees of the Assembly, and to act in 
 the same general work of the Church. 
 
 § 189. They have similar designations 
 and are charged with similar duties as 
 those of the corresponding committees of 
 the General Assembly. 
 
 § 190. The regular committees are those 
 appointed by the moderator at the stated 
 meetings, whose duties terminate with the 
 final adjournment. They are usually — 
 Bills and Overtures. 
 
COMMITTEES AND COMMISSIONS. 97 
 
 Judicial. 
 
 Narrative. 
 
 Leave of Absence. * 
 
 Finance. 
 
 Minutes of General Assembly. 
 
 Devotional Exercises. 
 
 Presbyterial Records. 
 
 § 191. The special committees are such 
 as are raised in the transaction of business, 
 and their functions cease with the conclu- 
 sion of the special matter for which they 
 were' appointed. 
 
 Presbyterial Committees. 
 
 § 192. As a Presbytery is a smaller body, 
 confined to a narrower district, there are 
 usually fewer committees than those of the 
 Synod, but they partake of the same gen- 
 eral character, and are similarly chosen. 
 
 Sessional Committees. 
 
 § 193. The committees of a church Ses- 
 sion are usually special, raised from time 
 to time for special purposes. 
 
 7 
 
98 MANUAL OF LAW AND USAGE. 
 
 Congregational Committees. 
 
 § 194. The committees of a church or 
 congregation may be standing or special, 
 according to the nature and design of the 
 business with which they are intrusted, 
 and their appointment, designation, num- 
 ber, and term of action are governed by 
 the system of regulations, by-laws, and 
 usages prevalent in each particular con- 
 gregation. 
 
 § 195. It is important, if not essential to 
 the well-being of every particular church, 
 that it should have a board of trustees 
 chartered or incorporated, to whom in suc- 
 cession the property of the church should 
 be held for the use and under the direction 
 of the congregation. 
 
 Commissions. 
 
 § 196. A commission is an extraordinary 
 committee of a church court, appointed 
 either for some special business or to take 
 cognizance of such as may arise during the 
 vacations of the court. 
 
COMMITTEES AND COMMISSIONS. 99 
 
 § 197. It differs from an ordinary com- 
 mittee in that it is empowered not only to 
 inquire and prepare business for the action 
 of the court, but also provisionally to come 
 to any such determinations and enforce 
 any such decisions as would be within the 
 competence of the court itself. 
 
 § 198. It differs from a court, as its de- 
 cisions and determinations are merely pro- 
 visional and of force ad interim, and must 
 be subjected to the revision and ultimate 
 determination of the court, by which they 
 may be set aside and annulled, and which 
 alone can by its sanction give them per- 
 manent authority. 
 
 § 199. It differs from a court further, in 
 the fact that from its decisions there can be 
 no appeal, in the technical sense of that 
 word ; since an appeal supposes an inferior 
 court and a definitive sentence ; neither of 
 which here exists. 
 
 § 200. An aggrieved party may bring a 
 
100 MANUAL OF LAW AND USAGE. 
 
 complaint against the acts of the commis- 
 sion, and they will of necessity be brought 
 up for the revision of the court. But upon 
 neither process do the questions arise which 
 occur in reviewing the records of an infe- 
 rior court, or hearing an appeal from its 
 sentence, whether the court has kept within 
 the limits of its competence under the con- 
 stitution, and whether its sentence shall be 
 reversed. On the contrary, the question 
 which arises upon review of the acts of a 
 commission is, whether the court will re- 
 cognize as its own the decrees provisionally 
 passed in its name? Should this question 
 be answered in the affirmative, the decis- 
 ions in question are at once vested with all 
 the authority of the court ; if in the nega- 
 tive, they are rendered null and void from 
 the beginning. 
 
 § 201. A further difference between a 
 commission and a court appears in the fact, 
 that whatever issues may arise or questions 
 be decided upon the acts of a commission, 
 its members sit, deliberate, and vote on 
 
COMMITTEES AND COMMISSIONS. 101 
 
 perfect equality of right with other mem- 
 bers of the court. 
 
 § 202 The number composing commis- 
 sions has been determined by the conveni- 
 ence of the members and the importance 
 of the business. 
 
102 MANUAL OF LAW AND USAGE. 
 
 CHAPTER X. 
 
 JURISDICTION OF CHURCH COURTS. 
 
 § 203. There are four ecclesiastical courts 
 in our church government, according to 
 the following order, viz : The Church Ses- 
 sion, the Presbytery, the Synod, and the 
 General Assembly. 
 
 § 204. All actions for offence against 
 church officers and members, except min- 
 isters, must be initiated in the Session of 
 the church to which they respectively be- 
 long. 
 
 § 205. All actions for offence against 
 ministers must be initiated in the Presby- 
 tery of which they are members. 
 
 § 206. And every action, judicial or oth- 
 erwise, which may have ground for the 
 consideration and determination of the 
 courts, will carry the cause, of whatsoever 
 
JURISDICTION OF CHURCH COURTS. 103 
 
 nature, in one of the four ways provided 
 in the Form of Government, (by general 
 review, by reference, by complaint, or by 
 appeal,) in regular order from* the court 
 where it is regularly initiated, first to the 
 next higher, then to the next, and finally 
 to the General Assembly, which is the court 
 of last resort. - 
 
 § 207. Any deviation from this order is 
 irregular, and if permitted, must be so 
 without any positive law. 
 
 § 208. No court can interfere with the 
 proper authority and jurisdiction of an- 
 other: and all such interference will fur- 
 nish cause of complaint against the court 
 so interfering by the court whose jurisdic- 
 tion is interfered with. 
 
 § 209. The only courts which can origi- 
 nally try for offences are the church Ses- 
 sion and the Presbytery, except in case of 
 a minister of a defunct Presbytery ; then 
 the Synod to which that Presbytery be- 
 longed must institute proceedings. 
 
104 MANUAL OF LAW AND USAGE. 
 
 § 210. The Presbytery can only super- 
 vise the actions and judgments of the Ses- 
 sion. They cannot take direct cognizance 
 of the affairs of the congregation, unless by 
 the consent of the Session, or in such cases 
 as the Session and congregation may, by 
 mutual agreement, refer to the Presbytery 
 for their action. 
 
 § 211. The Synod can properly review 
 only the actions and judgments of the Pres- 
 bytery. They cannot take cognizance di- 
 rectly of the actions and judgments of the 
 Session, except in cases of contest between 
 a Session and Presbytery, and where, by 
 mutual consent, the parties make a refer- 
 ence of the matter in question to the Synod. 
 
 § 212. The General Assembly, as an ap- 
 pellate court, can issue and determine ju- 
 dicial cases, when regularly brought before 
 them, from the lower courts; can deter- 
 mine all doctrinal questions ; can interpret 
 the constitution, decide controversies res- 
 pecting discipline, and give advice and 
 
JURISDICTION OF CHURCH COURTS. 105 
 
 instruction in all cases submitted to them 
 in conformity with the Constitution of the 
 Church ; and they can also overture the 
 Presbyteries for amendments to the Con- 
 stitution or organic law of the whole 
 Church. 
 
 § 213. But their decisions are of no force 
 to establish any new law, and can only be 
 employed as precedents for future guidance. 
 
 § 214. The law-making power is the 
 Presbyteries only. 
 
 § 215. No judicatory of our Church has 
 any legitimate functions save those which, 
 either expressly or by clear implication, 
 the Constitution confers. 
 
 § 216. The disciplinary functions of the 
 General Assembly are of two kinds, advi- 
 sory and authoritative; and between these 
 there should be a careful discrimination. 
 
 § 217. The advisory function of the As- 
 sembly is of very wide scope. According 
 to the Form of Government, they have the 
 
106 MANUAL OF LAW AND USAGE. 
 
 power of reproving, warning, or bearing 
 testimony against error in doctrine, or im- 
 morality in practice in any church, Pres- 
 bytery, or Synod, and of recommending 
 reformation of manners through all the 
 churches under their care. This function 
 of reproof may be exercised in reference to 
 any evil grave enough to call for it. Nor 
 is it an unimportant function. The testi- 
 mony of such a body as the General As- 
 sembly, especially if unanimously given, 
 must have great weight. It has, indeed, 
 only a moral influence. It is not authori- 
 tative. It binds no other body, not even a 
 succeeding General Assembly. It binds no 
 individual ; yet cases are not infrequent in 
 which a moral influence of this sort, if not 
 the only one that can be employed, is the 
 most efficacious. It has greater power over 
 the conscience, often, than the most strin- 
 gent exercise of bare authority. 
 
 § 218. The authoritative function of the 
 Assembly, or its power of discipline, can 
 only be exercised in the forms and meth- 
 
JURISDICTION OF CHURCH COURTS. 107 
 
 ods marked out in the Constitution. It is 
 by no means coextensive with its testify- 
 ing power. As counsel or testimony has 
 only a moral force, the manner in which it 
 shall be put forth is wisely left to the dis- 
 cretion of the Assembly. Not so with dis- 
 cipline; concerning, as it does, the dearest 
 rights and interests, it is of the highest 
 importance that the mode of its exercise 
 should be particularly prescribed. So we 
 find it in our Form of Government. Every 
 step is distinctly set forth, and the greatest 
 care taken to guard all concerned against 
 mistake and abuse. 
 
 §219. The methods in which the au- 
 thoritative action of the Assembly may be 
 evoked are set forth in the seventh chap- 
 ter of the Book of Discipline. — (See Chap. 
 XXIII.) 
 
 § 220. The General Assembly has no 
 power to commence a process of discipline 
 with an individual offender. That, by a 
 just and wise arrangement, belongs to the 
 Session in the case of a layman, and to the 
 
108 MANUAL OF LAW AND USAGE. 
 
 Presbytery in the case of a minister. The 
 disciplinary function of the Assembly as to 
 individuals is simply appellate and revis- 
 ionary. It is not the court of first, but of 
 last resort. 
 
 § 221. In the way of general review and 
 control, it can reach directly only the ju- 
 dicatory next below — that is, the Synod. 
 Indirectly, indeed, the doings of other 
 bodies may be involved. A Session may 
 grossly neglect discipline, for example, 
 and the recorded indication or the com- 
 mon fame thereof may not be properly 
 heeded by the Presbytery. The fruit of 
 this heedlessness, or the evidence of it in 
 the presbyterial records, may call forth 
 no appropriate action on the part of the 
 Synod; and this may be brought by the 
 synodical records, or by general rumor, 
 to the knowledge of the Assembly. On 
 the ground of either the record or the ru- 
 mor, the Assembly may cite the Synod 
 before them. Thus mediately may even 
 a Session be reached, but not directly. 
 
ELECTION OF ELDERS AND DEACONS. 109 
 
 CHAPTER XI. 
 
 THE ELECTION AND ORDINATION OF RULING EL- 
 DERS AND DEACONS, AND THE INSTALLATION 
 OF RULING ELDERS IN OTHER CHURCHES. 
 
 § 222. Ruling elders are properly the 
 representatives of the people, chosen by 
 them for the purpose of exercising gov- 
 ernment and discipline, in conjunction 
 with pastors or ministers. — F. G. ch. v. 
 
 § 223. Deacons are officers in the church, 
 whose business it is to take care of the poor, 
 and to distribute among them the collec- 
 tions which may be raised for their use. 
 To them also may be properly committed 
 the management of the temporal affairs of 
 the church. — F. G. ch. vi. 
 
 § 224. Every congregation shall elect 
 persons to the office of ruling elder and to 
 the office of deacon, or either of them, in 
 the mode most approved and in use in that 
 
110 MANUAL OF LAW AND USAGE. 
 
 congregation. But in all cases the per- 
 sons elected must be male members in full 
 communion in the church in which they 
 are to exercise their office. — F. G. cli. xiii, 
 par. ii. 
 
 § 225. The ruling elder is, by virtue of 
 his election and ordination, a member of 
 the church Session of the particular con- 
 gregation by which he is chosen, and as 
 such is entitled to all the rights, privileges, 
 and honors, as well as liable to all the re- 
 sponsibilities and duties, which are pre- 
 scribed for the members of a Session. 
 
 § 226. The deacon has no part in the 
 spiritual government and discipline of the 
 church, and cannot be a member, by vir- 
 tue of his office, of any of our church 
 courts. 
 
 § 227. When a person shall have been 
 elected to either of these offices, and shall 
 have declared his willingness to accept 
 thereof, he shall be set apart in the follow- 
 ing manner, viz: 
 
ELECTION OF ELDERS AND DEACONS. Ill 
 
 After sermon the minister shall state, 
 in a concise manner, the warrant and na- 
 ture of the office of ruling elder or deacon, 
 together with the character proper to he 
 sustained and the duties to be fulfilled by 
 the officer elect ; having done this, he shall 
 propose to the candidate, in the presence 
 of the congregation, the following ques- 
 tions, viz : 
 
 1. Do you believe the Scriptures of the Old and New 
 Testaments to be the word of God, the only infallible 
 rule of faith and practice? 
 
 2. Do you sincerely receive and adopt the Confession 
 of Faith of this Church, as containing the system of 
 doctrine taught in the Holy Scriptures? 
 
 3. Do you approve of the government and discipline 
 of the Presbyterian Church in these United States? 
 
 4. Do you accept the office of ruling elder (or deacon, 
 as the case may be) in this congregation, and promise 
 faithfully to perform all the duties thereof? 
 
 5. Do you promise to study the peace, unity, and 
 purity of the church ? 
 
 The elder or deacon elect having an- 
 swered these questions in the affirmative, 
 the minister shall address to the members 
 of the church the following question, viz: 
 
 Do you, the members of this church, acknowledge and 
 
112 MANUAL OF LAW AND USAGE. 
 
 receive this brother as a ruling elder, (or deacon,) and 
 do you promise to yield him all that honor, encourage- 
 ment, and obedience in the Lord to which his office, 
 according to the Word of God and the Constitution of 
 this Church, entitles him? 
 
 The members of the church having an- 
 swered this question in the affirmative, by 
 holding up their right hands, the minister 
 shall proceed to set apart the candidate by 
 prayer to the office of ruling elder, (or dea- 
 con, as the case may be,) and shall give to 
 him and to the congregation an exhorta- 
 tion suited to the occasion. 
 
 Where there is an existing Session, it is 
 proper that the members of that body, at 
 the close of the service and in the face of 
 the congregation, take the newly-ordained 
 elder by the hand, saying in words to this 
 purpose — 
 
 We give you the right hand of fellowship to take 
 part of this office with us. 
 
 — F. G. ck. xiiijpar. iii-v. 
 
 § 228. The offices of ruling elder and dea- 
 con are both perpetual, and cannot be laid 
 aside at pleasure. — F. G. ch. xiii,par. vi. 
 
ELECTION OF ELDERS AND DEACONS. 113 
 
 § 229. No person can be divested of either 
 office but by deposition. — Ibid. 
 
 § 230. Yet an elder or deacon may be- 
 come, by age or infirmity, incapable of 
 performing the duties of his office ; or he 
 may, though chargeable with neither her- 
 esy nor immorality, become unacceptable, 
 in his official character, to a majority of 
 the congregation to which he belongs. In 
 either of these cases he may, as often hap- 
 pens with respect to a minister, cease to be 
 an acting elder or deacon. — Ibid. 
 
 § 231. Whenever a ruling elder or dea- 
 con, from either of these causes, or from 
 any other not inferring crime, shall be in- 
 capable of serving the church to edification, 
 the Session shall take order on the subject, 
 and state the fact, together with the reasons 
 of it, on their records: Provided always, 
 that nothing of this kind shall be done 
 without the concurrence of the individual 
 in question, unless by the advice of Pres- 
 bytery. — F. G. ch. xiii,par. vii. 
 
114 MANUAL OF LAW AND USAGE. 
 
 § 232. A ruling elder or deacon who has 
 in either of the above modes been divested 
 of his official prerogatives, cannot be a 
 member of any of our church courts while 
 thus divested. 
 
 § 233. An elder once divested of his offi- 
 cial prerogatives may on good grounds be 
 recommended by the Session to re-election 
 by the congregation, when he shall be re- 
 installed, but not reordained. 
 
 § 234. When an elder is. dismissed, at 
 his own request, to join another church, 
 his certificate should be, "as a member 
 and ruling elder in good standing," &c. 
 The church to which he goes may elect him 
 to serve as an elder over them : in which 
 case he must be installed, but not re- 
 ordained.— M. 0. S. G. A. 1849, jp. 265; 
 1856, #. 539. 
 
 § 235. If an elder be suspended from the 
 communion of the church, he cannot be re- 
 stored to the functions of his office, though 
 
ELECTION OF ELDERS AND DEACONS. 115 
 
 restored to the communion, without a spe- 
 cial and express act of the Session, with 
 the acquiescence of the church. — 31. G. A. 
 1836, _p. 263. 
 
 § 236. Deposition and excommunication 
 are distinct things, not necessarily connect- 
 ed with each other. The former does not 
 include the latter.— M. G.A. 1814, p. 549. 
 
 § 237. An elder of one church has no 
 right to adjudicate in another church of 
 which he is not a member, even though he 
 should be invited by the church to do so. — 
 M.G.A.l$3l,p. 175. 
 
 § 238. An elder elect is not a member of 
 the Session, or competent to sit in a judi- 
 cial case before he is ordained. — M. N. S. 
 G. A. 1868, p. 58. 
 
116 MANUAL OF LAW AND USAGE. 
 
 CHAPTER XII. 
 
 LICENSING CANDIDATES TO PREACH THE GOSPEL 
 AND ORDAINING MINISTERS. 
 
 § 239. The power of licensing candidates 
 to preach the gospel and ordaining minis- 
 ters belongs solely to the Presbytery. 
 
 § 240. Every candidate for licensure shall 
 be taken on trials by that Presbytery to 
 which he most naturally belongs, or gen- 
 erally that Presbytery within whose bounds 
 he has ordinarily resided. — F. G. ch. xiv, 
 par. ii. 
 
 § 241. But in cases of obvious conveni- 
 ence, a Presbytery at a distance from that 
 to which he would naturally belong may 
 receive such candidate. — Ibid. 
 
 § 242. When a candidate is to be re- 
 ceived under the care of a Presbytery, he 
 
LICENSING CANDIDATES. 117 
 
 must furnish testimonials of personal piety 
 and other requisite qualifications. — Ibid. 
 
 § 243. It is further required, that the 
 Presbytery receiving should examine the 
 candidate on his experimental acquaintance 
 with religion and the motives which influ- 
 ence him to desire the sacred office. — F. G. 
 ch. xiv, par. Hi. 
 
 § 244. The sources of evidence in this 
 examination are stated in the Form of Gov- 
 ernment as follows : 
 
 (a) Testimonials of a Presbytery or of 
 two ministers in good standing in a Pres- 
 bytery. 
 
 (b) Testimonials of good moral char- 
 acter and of regular membership in some 
 particular church. 
 
 (c) A diploma of bachelor or master 
 of arts from some college or university. 
 
 (c?) Authentic testimonials of having 
 gone through a regular course of learn- 
 ing. 
 
 (e) In some one or all these ways the 
 
118 MANUAL OF LAW AND USAGE. 
 
 testimony presented must be satisfactory 
 to the Presbytery. — F. G. ch. xiv, par. 
 
 § 245. In addition to such preliminary 
 examination the Presbytery shall further 
 examine the candidate in his knowledge 
 of the Latin language and the original 
 languages in which the Holy Scriptures 
 were written; of the arts and sciences; of 
 theology, natural and revealed ; of ecclesi- 
 astical history ; the sacraments and church 
 government; and they shall require of 
 him — (1) a Latin exegesis on some com- 
 mon head of divinity ; (2) a critical ex- 
 ercise on some passage of scripture ; (3) a 
 lecture or exposition of several scripture 
 verses ; and (4) a popular sermon ; or (5) 
 some similar exercises that may serve to 
 evince the candidate's piety, literature, and 
 aptness to teach in the churches. — F. G. 
 ch. xiv, par. iv, v. 
 
 § 246. When the Presbytery deem it 
 expedient, they may require the candidate 
 
LICENSING CANDIDATES. 119 
 
 to deliver the lecture and popular sermon 
 before some particular congregation. — F. 
 G. ch. xiv, par. v. 
 
 § 247. It is further recommended, that 
 no candidate be licensed unless, in addi- 
 tion to his completion of a regular course 
 of academical studies, he shall also have 
 taken the usual course at some theological 
 school or seminary, or at least shall have 
 studied divinity for the term of two years 
 under some approved divine or professor 
 of theology. — F. G. ch. xiv, par. vi. 
 
 § 248. The Presbytery, being satisfied of 
 the fitness of the candidate, shall proceed to 
 license him in the following manner: 
 
 (a) The moderator shall propound to 
 
 him the following questions : 
 
 1. Do you believe the Scriptures of the Old and 
 New Testaments to be the word of God, the only in- 
 fallible rule of faith and practice ? 
 
 2. Do you sincerely receive and adopt the Confes- 
 sion of Faith of this Church as containing the sys- 
 tem of doctrine taught in the Holy Scriptures? 
 
120 MANUAL OF LAW AND USAGE. 
 
 3. Do you promise to study the peace, unity, and 
 purity of the Church ? 
 
 4. Do you promise to submit yourself in the Lord 
 to the government of this Presbytery, or of any other 
 Presbytery in the bounds of which you may be 
 called ? 
 
 (b) The candidate having answered in 
 the affirmative to each of these ques- 
 tions, the moderator shall then offer 
 prayer suitable to the occasion. 
 
 (c) Prayer being offered, the moderator 
 should then say to the candidate in the 
 following words : 
 
 "In the name of the Lord Jesus Christ and by 
 that authority which he hath given to the Church 
 for its edification, we do license you to preach the 
 Gospel wherever God in his providence may call 
 you, and for this purpose may the blessing of God 
 rest upon you, and the spirit of Christ fill your heart : 
 Amen." 
 
 (d) A record shall be made of the 
 licensure in the following or like form : 
 
 At , the day of , the Presby- 
 tery of having received testimonials in favor 
 
 of of his having gone through a regular course 
 
 of literature, of his good moral character, and of his 
 being in the communion of the Church, proceeded to 
 
LICENSING CANDIDATES. 121 
 
 take the usual parts of trial for his licensure; and 
 he having given satisfaction as to his accomplish- 
 ments in literature, as to his experimental acquaint- 
 ance with religion, and to his proficiency in divinity 
 and other studies, the Presbytery did and hereby do 
 express their approbation of all these parts of trial ; 
 and he having adopted the Confession of Faith of 
 this Church and satisfactorily answered the questions 
 appointed to be put to candidates to be licensed, the 
 Presbytery did and hereby do license him, the said 
 , to preach the gospel of Christ as a proba- 
 tioner for the holy ministry within the bounds of 
 this Presbytery, or wherever else he shall be orderly 
 called. 
 
 (e) And a form of license shall be 
 prepared and authenticated by the signa- 
 tures of the moderator and stated clerk 
 of the Presbytery, to be placed in the 
 possession of the candidate. — F. G. ch. 
 xiv, par. vii, viii. 
 
 § 249. When any candidate for licensure, 
 while his trials are going on, shall have 
 occasion to remove from the bounds of his 
 own Presbytery into those of another, it 
 shall be considered regular for the latter 
 Presbytery, on his producing proper testi- 
 monials from the former, to take up his 
 
122 MANUAL OF LAW AND USAGE. 
 
 trials at the point at which they were left, 
 and conduct them to a conclusion in the 
 same manner as though they had heen 
 commenced by themselves. — F. G. ch. xiv, 
 par. ix. 
 
 § 250. When any candidate after licen- 
 sure shall, by the permission of his Pres- 
 bytery, remove without its limits into the 
 bounds of another, an extract of the record 
 of his licensure, accompanied with a pres- 
 byterial recommendation signed by the 
 clerk, shall be his testimonials to the 
 Presbytery under whose care he shall 
 come. — F. G. ch. xiv, par. x. 
 
 § 251. No candidate shall be licensed 
 for a longer term than four years; but the 
 Presbytery may at the end of such term, if 
 they deem it expedient in the premises, 
 renew such license for one year. — M. G. A. 
 1872,^9.87. 
 
 § 252. A licentiate is not a constituent 
 member of Presbytery, and by virtue of his 
 
LICENSING CANDIDATES. 1 23 
 
 license he has no authority to deliberate 
 and vote in the body, or to administer 
 the sacraments, or to perform the rite of 
 marriage. 
 
 § 253. Though candidates and licentiates 
 are in training for the gospel ministry, and 
 for this purpose are placed under the care 
 of Presbyteries and are held responsible 
 to them, yet in other respects they are to 
 be regarded as belonging to the order of 
 the laity till they have received ordination 
 to the full work of the gospel ministry. — 
 M. G.A. 1829, p. 263. 
 
 § 254. When candidates for the gospel 
 ministry are discovered to be unfit to go for- 
 ward with their trials for the sacred office, 
 it shall be the duty of the Presbytery to 
 arrest their progress : and if further dis- 
 cipline be necessary, to remit them for that 
 purpose to the Sessions of the churches to 
 which they properly belong. — Ibid. 
 
 § 255. When licentiates are found un- 
 worthy to be permitted to preach the gos- 
 
124 MANUAL OF LAW AND USAGE. 
 
 pel, it shall be the duty of the Presby- 
 teries to deprive them of their license ; and 
 if further discipline be necessary, to remit 
 them for that purpose to the Sessions of the 
 churches to which they properly belong. 
 —Ibid. 
 
 § 256. When a church Session shall see 
 cause to commence process against a candi- 
 date or licentiate before the Presbytery has 
 arrested the trials of the one or revoked the 
 license of the other, the Session must give 
 immediate notice to the moderator of the 
 Presbytery that such process has been com- 
 menced. — Ibid. 
 
 § 257. When a Presbytery sees cause to 
 arrest the trials of a candidate or to revoke 
 the license of a licentiate, they shall give 
 notice of their intention to the Session to 
 which such candidate or licentiate is amen- 
 able, that such Session may, if requisite, 
 proceed with the regular order of discip- 
 line. — Ibid. 
 
 § 258. When a candidate shall have 
 
ORDAINING MINISTERS. 125 
 
 preached for a considerable time and his 
 services do not appear to be edifying to the 
 churches, the Presbytery may, if they 
 think proper, recall his license. — F. G. ch. 
 xiv, p. xi. 
 
 § 259. When any licentiate or proba- 
 tioner, as he is called, shall have proved 
 himself successful in the ministry of the 
 Word and satisfactory to the people among 
 whom he has been preaching, the Presby- 
 tery to which the duty belongs may pro- 
 ceed to ordain him to the full office of the 
 gospel ministry, either as an evangelist or 
 a missionary — that is, sine titulo, as it is 
 termed. — F. G. ch. xvi, par. xv. 
 
 § 260. In this case the following order 
 is to be observed : 
 
 (a) The Presbytery, and especially if 
 it be a different body from that which 
 gave the license, shall carefully examine 
 the candidate for ordination as to his 
 acquaintance with experimental religion, 
 his knowledge of philosophy, theology, 
 
126 MANUAL OF LAW AND USAGE. 
 
 ecclesiastical history, the Greek and He- 
 brew languages, and such other branches 
 of learning as to the Presbytery may 
 appear requisite; and as to his knowl- 
 edge of the constitution, the rules and 
 principles of the government and dis- 
 cipline of the Church ; and they shall 
 require of the candidate such written 
 discourse or discourses, founded on the 
 Word of God, as the Presbytery may 
 deem proper. 
 
 (b) The Presbytery, being fully satis- 
 fied with the qualifications of the candi- 
 date, shall appoint a day and place for 
 his ordination. When, the Presbytery 
 being convened, one of its members, pre- 
 viously appointed for the purpose, shall 
 preach a discourse suitable to the occa- 
 sion. 
 
 (c) The member of the Presbytery ap- 
 pointed to preside shall recite from the 
 pulpit, in the hearing of those present, 
 the proceedings of the Presbytery pre- 
 paratory to this transaction, shall point 
 out the nature and importance of the 
 
ORDAINING MINISTERS. 127 
 
 ordinance, endeavoring to impress a 
 proper sense of its solemnity. 
 
 (d) Then, addressing the candidate, 
 he shall propose to him the following 
 questions: 
 
 1. Do you believe the Scriptures of the Old and 
 New Testaments to be the word of God, the only 
 infallible rule of faith and practice? 
 
 2. Do you sincerely receive and adopt the Confes- 
 sion of Faith of this Church as containing the system 
 of doctrine taught in the Holy Scriptures? 
 
 3. Do you approve of the government and discip- 
 line of the Presbyterian Church in these United 
 States? 
 
 4. Do you promise subjection to your brethren in 
 the Lord? 
 
 5. Have you been induced, as far as you know 
 your own heart, to seek the office of the holy minis- 
 try from love to God and a sincere desire to promote 
 his glory in the gospel of his Son ? 
 
 6. Do you promise to be zealous and faithful in 
 maintaining the truths of the gospel and the purity 
 and peace of the Church, whatever persecution or 
 opposition may arise unto you on that account? 
 
 7. Do you engage to be faithful and diligent in the 
 exercise of all private and personal duties, which 
 become you as a Christian and a minister of the gos- 
 pel, as well as in all relative duties and the public 
 duties of your office, endeavoring to adorn the pro- 
 fession of the gospel by your conversation and walk- 
 
128 MANUAL OF LAW AND USAGE. 
 
 ing with exemplary piety before the flock over which 
 God shall make you overseer? 
 
 8. Are you now willing to undertake the work of 
 an evangelist, (or whatever the proper designation 
 may be,) and do you promise to discharge the duties 
 which may be incumbent on you in this character, 
 as God shall give you strength? 
 
 (e) The candidate having answered in 
 the affirmative to each of these questions, 
 he shall kneel down in a convenient place, 
 and the presiding minister shall, by pray- 
 er and the laying on of the hands of the 
 Presbytery, solemnly ordain him to the 
 holy office of the gospel ministry. 
 
 (/) Prayer being ended, the candidate 
 shall rise from his knees, and the presid- 
 ing minister shall first, and afterwards 
 the members of the Presbytery in their 
 order, take him by the right hand, say- 
 ing in words to this purpose — 
 
 We give you the right hand of fellowship to take 
 part of this ministry with us. 
 
 (g) Then the presiding minister, or 
 some other appointed for this purpose, 
 shall give to the newly-ordained minis- 
 ter a solemn charge, recommending him 
 
ORDAINING MINISTERS. 129 
 
 to persevere in the faithful discharge of 
 his solemn duties. 
 
 (h) Prayer shall then be offered, a 
 hymn sung, and the assembly dismissed 
 with the usual blessing by the newly- 
 ordained minister. 
 
 (i) The Presbytery shall make due 
 record of the transaction, and enroll the 
 name of the new member. — F. G. ch. xv, 
 par. xi, xii. 
 
 § 261. The minister then so ordained 
 shall be a constituent member of the Pres- 
 bytery, with all the rights and duties there- 
 to pertaining, and shall thereafter be held 
 in all respects amenable only to the court 
 of which he may be a member ; and he shall 
 enter on such field of labor as may be indi- 
 cated in the Providence of God, with the 
 full authority of a minister of the gospel, 
 to preach, to administer the sacraments, to 
 perform the rite of marriage, and to do all 
 other acts and things which properly be- 
 long to the sacred office. 
 
130 MANUAL OF LAW AND USAGE. 
 
 CHAPTER XIII. 
 
 ELECTION AND CALL OF PASTORS OR BISHOPS. 
 
 § 262. The title of pastor or bishop is 
 given to a preacher of the gospel when he 
 has been regularly and formally placed by 
 a Presbytery in charge over a particular 
 church or congregation. 
 
 § 263. When any particular church or 
 congregation shall be satisfied of the ac- 
 ceptableness of a licentiate, or probationer, 
 or a fully-ordained minister, and appear to 
 be prepared to select and call him to be 
 their pastor or bishop, the Session of such 
 church shall take measures to convene them 
 for this purpose. — F. G. ch. xv, par. i. 
 
 § 264. And it shall always be the duty 
 of the Session to convene the church or con- 
 gregation when a majority of those entitled 
 to vote in the selection of a pastor shall by 
 a petition request that such meeting be 
 called. — Ibid. 
 
ELECTION AND CALL OF PASTORS. 131 
 
 § 265. When such meeting is intended, 
 the Session shall request some neighboring 
 minister to preside over the proceedings of 
 the congregation, unless this should be 
 highly inconvenient; in which case they 
 may proceed without such assistance, a 
 member of the Session in that case presid- 
 ing. — F. G. ch. xv, par. ii. 
 
 § 266. On a Lord's day, at the time of 
 public worship, it shall be announced from 
 the pulpit that all the members of that 
 
 congregation are requested to meet 
 
 ensuing, at the church or place for hold- 
 ing public worship, then and there, if it be 
 agreeable to them, to proceed to the elec- 
 tion of a pastor for that congregation. — F. 
 G. ch. xv, par. Hi. 
 
 § 267. On the day appointed, the con- 
 gregation being assembled, the minister 
 invited to preside, if he be present and it 
 be deemed expedient, may preach a ser- 
 mon. But this may be omitted, and in 
 such case the minister, or in his absence 
 
132 MANUAL OF LAW AND USAGE. 
 
 the elder designated to preside, shall an- 
 nounce to the people that he will proceed 
 to take the sense of the electors present, 
 whether they will then proceed to the elec- 
 tion of a pastor. This having been deter- 
 mined in the affirmative by a majority of 
 voices, nominations for a pastor may be 
 made, and the presiding officer shall then 
 proceed to take votes accordingly. In this 
 election no person shall be entitled to vote 
 who refuses to submit to the censures of the 
 church, regularly administered; or who 
 does not contribute his just proportion, 
 according to his own engagements, or the 
 rules of that congregation, to all its nec- 
 essary expenses. — F. G. ch. xv,par. iv. 
 
 § 268. The votes being taken and the 
 result announced, if it appear that a large 
 minority are opposed to the candidate who 
 has a majority of votes and cannot be in- 
 duced to concur in the call, the person 
 presiding shall endeavor to dissuade the 
 congregation from the further prosecution 
 of the matter — F. G. chap. xv 7 par. v. 
 
ELECTION AND CALL OF PASTORS. 133 
 
 § 2G9. But if the people be nearly or 
 entirety unanimous, or if the majority in- 
 sist upon their right to have the matter 
 prosecuted, the person presiding, after urg- 
 ing the congregation to unanimity, shall 
 proceed to draw a call in due form, certify- 
 ing at the same time in writing the num- 
 ber and circumstances of those who do not 
 concur in the call — Ibid. 
 
 § 270. The call shall be in the following 
 or like form : 
 
 , The congregation of , being on sufficient grounds 
 
 well satisfied of the ministerial qualifications of you, 
 , and having good hopes from our past experi- 
 ence of your labors that your ministrations in the gos- 
 pel will be profitable to our spiritual interests, do 
 earnestly call and desire you to undertake the pastoral 
 office of this congregation, promising you in the dis- 
 charge of your duty all proper support, encouragement, 
 and obedience in the Lord. And that you may be free 
 from worldly cares and avocations, we hereby promise 
 
 and oblige ourselves to pay to you the sum of , 
 
 in payments, during the time of your being and 
 
 continuing the regular pastor of this church. 
 
 In testimony whereof we have respectively subscribed 
 our names this day of , A. D. — . 
 
 Attested by B. D., moderator of the meeting. 
 
 — G. F. chap, xv j par. vi. 
 
134 MANUAL OP LAW AND USAGE. 
 
 § 271. The call may be subscribed by all 
 the electors concurring in it, or if any con- 
 gregation shall choose to subscribe their 
 call by their elders or deacons, or by their 
 trustees, or by a select committee, they 
 shall be at liberty to do so. But in such 
 case it shall be certified by the person pre- 
 siding that such persons have been ap- 
 pointed for that purpose by a public vote 
 of the congregation, and that the call has 
 been in all other respects prepared as above 
 directed. — F. G. ch. xv,par. vii. 
 
 § 272. A full and accurate record, thus 
 attested, together with the call, shall then 
 be laid before the Presbytery to which the 
 person chosen belongs, and the Presbytery, 
 if they deem it expedient, may present the 
 call to him ; and no person shall receive 
 such a call but through the hands of his 
 Presbytery. — F. G. cli. xv,par. ix. 
 
 § 273. If the call be to a person connect- 
 ed with another Presbytery than that to 
 which the church so calling him belongs, 
 
ELECTION AND CALL OF PASTORS. lob 
 
 the church so calling must produce to that 
 judicatory a certificate from its own Pres- 
 bytery, regularly attested by the modera- 
 tor and stated clerk, that the call has been 
 laid before them and found to be in or- 
 der. — F. G. ch. xv, par. x. 
 
 § 274. The call, with the certificate, as 
 above provided, being duly laid before the 
 Presbytery to which the person so called 
 belongs, his Presbytery shall present it to 
 him, and, if he accept it, they shall then 
 dismiss him from their jurisdiction, and 
 require him to repair to that Presbytery 
 within whose bounds he is called. — Ibid. 
 
 § 275. If the person called be a licen- 
 tiate so dismissed to the Presbytery with 
 which the church calling him is connected, 
 he shall *be received by such Presbytery 
 and submit himself to the trials prescribed 
 for ordination, and if the way be clear, he 
 shall be ordained, as provided in Chapter 
 XII, § 260, 261. 
 
 § 276. When so ordained he shall be 
 
136 MANUAL OF LAW AND USAGE. 
 
 regularly installed as pastor of the church 
 calling him, as prescribed in Chapter XIV, 
 §281. 
 
 § 277. When a regularly-ordained min- 
 ister, being so called, shall be dismissed as 
 above provided, he shall be received as a 
 member of the Presbytery with which the 
 church calling him is connected, and that 
 Presbytery shall proceed to install him in 
 the manner provided in Chapter XIV, 
 §281. 
 
137 
 
 CHAPTER XIV. 
 
 TRANSLATION OR REMOVING A MINISTER FROM 
 ONE CHARGE TO ANOTHER, MANNER OF IN- 
 STALLATION, AND RESIGNATION OF PASTORAL 
 CHARGE. 
 
 § 278. No bishop shall be translated 
 from one church to another, nor shall he 
 receive any call for that purpose, but by 
 the permission of the Presbytery. — F. G. 
 ch. xvi, par. i. 
 
 § 279. Any church desiring to call a 
 settled minister from his present charge 
 shall, by commissioners properly author- 
 ized, represent to the Presbytery the 
 ground on which they plead his removal. 
 The Presbytery, having maturely consid- 
 ered their plea, may, according as it appears 
 more or less reasonable, either recommend 
 them to desist from prosecuting the call, or 
 may order it to be delivered to the minis- 
 ter to whom it is directed. If the parties 
 be not prepared to have the matter issued 
 at that Presbytery, a written citation shall 
 
138 MANUAL OF LAW AND USAGE. 
 
 be given to the minister and his congrega- 
 tion to appear before the Presbytery at 
 their next meeting. This citation shall be 
 read from the pulpit of that church, by a 
 member of the Presbytery appointed for 
 that purpose, immediately after public 
 worship, so that at least two Sabbaths 
 shall intervene betwixt the citation and 
 the meeting of the Presbytery at which 
 the cause of translation is to be considered. 
 The Presbytery being met, and having 
 heard the parties, shall, upon the whole 
 view of the case, either continue him, as 
 they shall deem to be most for the peace 
 and edification of the church, or refer the 
 whole affair to the Synod at the next meet- 
 ing for their advice and direction. — F. G. 
 ch. ami, par. ii. 
 
 § 280. When the congregation calling 
 any settled minister is within the limits 
 of another Presbytery, that congregation 
 shall obtain leave from the Presbytery to 
 which they belong to apply to the Pres- 
 bytery of which he is a member ; and that 
 
INSTALLATION OF MINISTERS, &C. 139 
 
 Presbytery, having cited him and his con- 
 gregation as before directed, shall proceed 
 to hear and issue the cause. If they agree 
 to the translation, they shall release him 
 from his present charge ; and having given 
 him proper testimonials, shall require him 
 to repair to that Presbytery within the 
 bounds of which the congregation calling 
 him lies, that the proper steps may be 
 taken for his regular settlement in that 
 congregation ; and the Presbytery to which 
 the congregation belongs, having received 
 an authenticated certificate of his release 
 under the hand of the clerk of that Pres- 
 bytery, shall proceed to install him in the 
 congregation as soon as convenient : Pro- 
 vided always, that no bishop or pastor 
 shall be translated without his own con- 
 sent, previously obtained. — F. G. ch. xvi, 
 par. Hi. 
 
 § 281. When any minister is to be set- 
 tled in a congregation, the installment — 
 which consists in constituting a pastoral 
 relation between him and the people of 
 
140 MANUAL OF LAW AND USAGE. 
 
 * that particular church — may be performed 
 either by the Presbytery or a committee 
 appointed for that purpose, as may appear 
 most expedient; and the following order 
 shall be observed therein : 
 
 (a) A day shall be appointed for the 
 installment, at such time as may appear 
 most convenient, and due notice thereof 
 given to the congregation. 
 
 (6) When the Presbytery or commit- 
 tee shall be convened and constituted 
 on the day appointed, a sermon shall be 
 delivered by some one of the members 
 previously appointed thereto; immedi- 
 ately after which the bishop who is to 
 preside shall state to the congregation 
 the design of their meeting, and briefly 
 recite the proceedings of the Presbytery 
 relative thereto. And then, addressing 
 himself to the minister to be installed, 
 shall propose to him the following or 
 similar questions: 
 
 1. Are you now willing to take charge of this 
 congregation, as their pastor, agreeably to your dec- 
 laration at accepting their call? 
 
INSTALLATION OF MINISTERS, &0. 141 
 
 2. Do you conscientiously believe and declare, as 
 far as you know your own heart, that in taking upon 
 you this charge you are influenced by a sincere de- 
 sire to promote the glory of God and the good of His 
 Church? 
 
 3. Do you solemnly promise that, by the assist- 
 ance of the grace of God, you will endeavor faithfully 
 to discharge all the duties of a pastor to this congre- 
 gation, and will b.e careful to maintain a deportment 
 in all respects becoming a minister of the gospel of 
 Christ, agreeably to your ordination engagements ? 
 
 (c) To all these having received satis- 
 factory answers, he shall propose to the 
 people the following questions : 
 
 1. Do you, the people of this congregation, con- 
 tinue to profess your readiness to receive , 
 
 whom you have called to be your minister? 
 
 2. Do you promise to receive the word of truth 
 from his mouth with meekness and love, and to sub- 
 mit to him in the due exercise of discipline? 
 
 3. Do you promise to encourage him in his ardu- 
 ous labor, and to assist his endeavors for your in- 
 struction and spiritual edification? 
 
 4. And do you engage to continue to him, while 
 he is your pastor, that competent worldly mainte- 
 nance which you have promised, and whatever else 
 you may see needful for the honor of religion and 
 his comfort among you? 
 
 The people having answered these ques- 
 
142 MANUAL OF LAW AND USAGE. 
 
 tions satisfactorily, by holding up their 
 right hand in testimony of assent, he shall 
 solemnly pronounce and declare the said 
 minister to be regularly constituted the 
 pastor of that congregation. 
 
 (d) A charge shall then be given by 
 a minister to the new pastor, and also a 
 charge to the people ; and, after prayer 
 and singing a psalm adapted to the trans- 
 action, the congregation shall be dis- 
 missed with the usual benediction. 
 
 (e) It is highly becoming that, after 
 the solemnity of the installment, the 
 heads of the families of that congrega- 
 tion who are then present, or at least 
 the elders and those appointed to take 
 care of the temporal concerns of that 
 church, should come forward to their 
 pastor, and give him their right hand, 
 in token of cordial reception and affec- 
 tionate regard. — F. G. ch. xvi, par. iv- 
 vii. 
 
 Resignation of Pastoral Charge. 
 § 282. When any minister shall labor 
 
RESIGNATION OF PASTORS. 143 
 
 under such grievances in his congregation 
 as that he shall desire leave to resign his 
 pastoral charge, the Presbytery shall cite 
 the congregation to appear by their com- 
 missioners at their next meeting, to show 
 cause, if any they have, why the Presby- 
 tery should not accept the resignation. If 
 the congregation fail to appear, or if their 
 reasons for retaining their pastor be deem- 
 ed by the Presbytery insufficient, he shall 
 have leave granted to resign his pastoral 
 charge, of which due record shall be made ; 
 and that church shall be held to be vacant, 
 till supplied again in an orderly manner 
 with another minister; and if any congre- 
 gation shall desire to be released from their 
 pastor, a similar process, mutatis mutandis, 
 shall be observed. — F. G. ch. xvii. 
 
144 MANUAL OF LAW AND USAGE. 
 
 CHAPTEB XV. 
 
 VACANT CONGREGATIONS AND MISSIONS. 
 
 § 283. When vacancies become so nume- 
 rous in any Presbytery that they cannot 
 be supplied with the frequent administra- 
 tion of the Word and ordinances, it shall 
 be proper for such Presbytery, or any va- 
 cant congregation within their bounds, 
 with the leave of the Presbytery, to apply 
 to any other Presbytery, or to any Synod, 
 or to the General Assembly, for such assist- 
 ance as they can afford. 
 
 § 284. And when any Presbytery shall 
 send any of their ministers or probationers 
 to distant vacancies, the missionary shall 
 be ready to produce his credentials to the 
 Presbytery or Presbyteries through the 
 bounds of which he may pass, or at least 
 to a committee thereof, and obtain their 
 approbation. 
 
VACANT CONGREGATIONS, &C. 145 
 
 § 285. And the General Assembly may r 
 of their own knowledge, send missionaries; 
 to any part to plant churches or to supply 
 vacancies ; and for this purpose may direct 
 any Presbytery to ordain evangelists or 
 ministers, without relation to particular 
 churches: Provided always, that suck 
 missions be made with the consent of the 
 parties appointed, and that the judicatory 
 sending them make the necessary provision 
 for their support and reward in the per- 
 formance of this service. 
 
 § 286. The general mission work of the 
 Church is now committed to the Board of 
 Home Missions, by whom missionaries are 
 appointed and supported. 
 10 
 
146 MANUAL OF LAW AND USAGE. 
 
 CHAPTER XVI. 
 
 QUORUM FOR JUDICIAL PURPOSES. 
 
 § 287. Is a judicatory competent to act 
 when a party or parties at the bar are nec- 
 essarily included in the quorum? We an- 
 swer in the affirmative. — Baird. 
 
 § 288. No more important or responsible 
 duty devolves ou any judicatory than that 
 of review, in which it sits in judgment for 
 trial, not of individuals but of church 
 courts, and in the course of which the 
 members of the inferior court are present, 
 not as members entitled to vote, but as re- 
 spondents at the bar. — Ibid. 
 
 § 289. Yet it will not be disputed that a 
 bare quorum is competent to take up and 
 perform this stated and imperative duty. 
 By this ordinary case it is practically de- 
 cided that members wh<5 are at the bar of 
 the house, and so precluded from a vote on 
 
QUORUM FOR JUDICIAL PURPOSES. 14 T 
 
 the business in hand, are yet present in the 
 sense of the constitution as part of the 
 quorum. — Ibid. 
 
 § 290. By definition of the constitution, 
 by a continual series of precedents, and by 
 universal consent, it is perfectly competent 
 to erect courts whose rolls shall contain a 
 number barely sufficient to form a quorum : 
 Sessions having but one or two elders, Pres- 
 byteries having but three ministers, and 
 Synods including but three Presbyteries. 
 — Ibid. 
 
 § 291. If these are really constitutional 
 courts, they, as such, possess all the powers 
 comprehended under their several defini- 
 tions in the Constitution, including all the 
 judicial powers pertaining to any other 
 court of their own grade severally ; compe- 
 tence, therefore, to exercise the functions 
 of review and control over their constituent 
 elements, of entertaining and deciding ap- 
 peals and complaints, and of instituting 
 and carrying through process in requisite 
 
148 MANUAL OF LAW AND USAGE. 
 
 cases. la each of these instances, however, 
 the process will ordinarily involve the de- 
 cision of the matters at issue by a number 
 fewer than a quorum : one or more of the 
 members being in the attitude of respond- 
 ents at the bar. — Ibid. 
 
 § 292. There seems to be good reason to 
 suppose that in this view is found the rea- 
 son of the particular number three being 
 fallen upon as a quorum of bishops or min- 
 isters. Should one be subjected to charges 
 requiring process, there remains a plurality 
 of persons of the same order to sit upon the 
 trial. — Ibid. 
 
 § 293. This suggests that the principle 
 laid down at the head of this chapter is to 
 be received with this proviso, that in the 
 cases supposed there must be a plurality of 
 members of the same order of the respond- 
 ent present and sitting on the case. — Ibid, 
 
 § 294. There must be a vote of at least 
 two elders to inflict any censure upon a 
 ruling elder ; at least two ministers must 
 
QUORUM FOR JUDICIAL PURPOSES. 149 
 
 sit in judgment of a process against a min- 
 ister ; and members of at least two Presby- 
 teries are requisite to sit upon a case involv- 
 ing a Presbytery. — Ibid. 
 
 § 295. A Synod containing but three 
 Presbyteries could not, therefore, issue a 
 case in which one of the Presbyteries ap- 
 peared as prosecutor and another as re- 
 spondent. In other words, all decisions 
 must be rendered by the concurrent votes 
 of a plurality by the action of an assembly. 
 —Ibid. 
 
 Note. — The above chapter is from Baird's Digest, 
 and contains a clear statement of the reasoning which 
 geems most natural upon the subject. 
 
150 MANUAL OF LAW AND USAGE. 
 
 CHAPTER XVII. 
 
 JUDICIAL CASES — PRELIMINARY CONSIDERATIONS 
 AND MEASURES. 
 
 § 296. All church members, including 
 elders and deacons, when accused of offence 
 or crime, must first be tried by the church 
 Session to which they belong. 
 
 § 297. But there are exceptional cases, 
 where an elder could not be tried by his 
 Session: for example, the want of a plu- 
 rality of his order in the Session to try him ; 
 as there must be a vote of at least two eld- 
 ers to inflict any censure upon a ruling 
 elder. 
 
 § 298. In all cases where the Session, 
 for any reasons, are incompetent to try an 
 elder, the Presbytery is the competent 
 court to try him.— M. G. A. 1825,/?. 142, 
 144. 
 
 § 299. No church member can be judi- 
 
JUDICIAL CASES. 151 
 
 4 
 
 cially tried on any matter of accusation or 
 offence which cannot be proved to be such 
 from Scripture, or from the regulations 
 and practice of the Church founded on 
 Scripture, or which does not involve those 
 evils which discipline is intended to pre- 
 vent. — B. D. ch. i, par. Hi, iv. 
 
 § 300. Offences are either private . or 
 public, to each class of which appropriate 
 modes of proceeding belong. — B. D. ch. i, 
 par. vii. 
 
 § 301. In case of private offences, no ju- 
 dicial process ought to be prosecuted be- 
 fore the judicatory until steps are taken 
 to reclaim the offender. — B. D. ch. ii, 
 par. ii. 
 
 § 302. No complaint or information, on 
 the subject of personal or private injuries, 
 shall be admitted, unless those means of 
 reconciliation and of privately reclaiming 
 the offender have been used which are re- 
 quired by Christ, Mat. xviii: 15, 16. — B. 
 D. ch. u, par. Hi. 
 
152 MANUAL OF LAW AND USAGE. 
 
 § 303. Those who bring information of 
 private and personal injuries before judi- 
 catories, without having taken these pre- 
 vious steps, shall themselves be censured 
 as guilty of an offence against the peace 
 and order of the Church. — B. D. ch. ii, 
 'par. iv. 
 
 § 304. If any person shall spread the 
 knowledge of an offence, unless so far as 
 shall be unavoidable, in prosecuting it be- 
 fore the proper judicatory, or in the due 
 performance of some other indispensable 
 duty, he shall be liable to censure, as a 
 slanderer of his brethren. — B. D. ch. ii, 
 par. v. 
 
 § 305. In case of a public offence, the 
 proper court may take immediate judicial 
 cognizance of the case, without compliance 
 with the preliminary steps required in a 
 case of private offence. — B. D. ch. Hi, par. 
 iv. 
 
 § 306. The judicatory, in many cases, 
 
JUDICIAL CASES. 153 
 
 may find it more for edification to send 
 some members to converse in a private 
 manner with the accused person, and if 
 he confess guilt, to endeavor to bring him 
 to repentance, than to proceed immediately 
 to citation. — B. D. ch. iv,par. ix. 
 
 § 307. 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 fla- 
 grant. It may happen, however, that a 
 church member, after removing to a place 
 far distant from his former residence, and 
 where his connection with the Church is 
 unknown, may- commit a crime, on ac- 
 count of which process cannot be instituted 
 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 fla- 
 grant. The same principle also applies to 
 ministers if similar circumstances should 
 occur. — B. D. ch. xi, par. v. 
 
154 MANUAL OF LAW AND USAGE. 
 
 § 308. An actual process- in a judicial 
 case may be initiated either by the judica- 
 tory itself, or by an individual or individ- 
 uals, or upon common fame. — B. I), oh. iv, 
 par. ii. 
 
 § 309. When an individual or individ- 
 uals institute a case, he or they must ap- 
 pear as accusers, and undertake to substan- 
 tiate the charge ; and the process must be 
 pursued in the name of the accuser or ac- 
 cusers. — B. D. ch. iv, par. in. 
 
 310. When a case is taken up on com- 
 mon fame, common fame is the accuser. 
 If it should be found that the general ru- 
 mor was raised by the rashness, censorious- 
 ness, or malice of one or more individuals, 
 the court should censure the originators 
 in proportion to the degree of criminality 
 which appears attached to their conduct. — 
 Ibid. 
 
 § 311. In order to render an offence 
 proper for the cognizance of a judicatory 
 
JUDICIAL CASES. 155 
 
 on this ground, the rumor must specify 
 some particular sin or sins; it must be 
 general, or widely spread ; it must not be 
 transient, but permanent, and rather gain- 
 ing strength than declining ; and it must 
 be accompanied with strong presumption 
 of truth. Taking up charges on this 
 ground of course requires great caution 
 and the exercise of much christian pru- 
 dence. — B. D. ch. in, par. v. 
 
 § 312. It may happen, however, that in 
 consequence of a report, which does not 
 fully amount to a general rumor, as just 
 described, a slandered individual may re- 
 quest a judicial investigation, which it 
 may be the duty of the judicatory to insti- 
 tute. — B. D. ch. in, par. vi. 
 
 § 313. Great caution ought to be exer- 
 cised in receiving accusations from any 
 person who is known to indulge a malig- 
 nant spirit tdwards the accused ; who is 
 not of good character; who is himself 
 under censure or process ; who is deeply 
 
156 MANUAL OF LAW AND USAGE. 
 
 interested, in any respect, in the convic- 
 tion of the accused ; or who is known to 
 be litigious, rash, or highly imprudent. — 
 B. D. ch. iv 9 par. iv. 
 
 § 314. When a judicatory enters on the 
 consideration of a crime or crimes alleged, 
 no more shall be done at the first meeting, 
 unless by consent of parties, than to give 
 the accused a copy of each charge, with the 
 names of the witnesses to support, and to 
 cite all concerned to appear at the next 
 meeting of the judicatory to have the mat- 
 ter fully heard and decided. Notice shall 
 be given to the parties concerned at least 
 ten days previously to the meeting of the 
 judicatory. — B. D. ch. iv, par. v. 
 
 § 315. The citation shall be issued and 
 signed by the moderator or clerk, by order 
 and in the name of the judicatory. He 
 shall also furnish citations for such wit- 
 nesses as the accused shall nominate to 
 appear on his behalf. — B. B. ch. iv, par. 
 vi. 
 
JUDICIAL CASES. 157 
 
 § 316. Although it is required that the 
 accused be informed of the names of all the 
 witnesses who are to be adduced against 
 him at least ten days before the trial, un- 
 less he consent to waive the right and pro- 
 ceed immediately, it is not necessary that 
 he, on his part, give a similar notice to the 
 judicatory of all the witnesses intended to 
 be adduced by him for his exculpation. — 
 B. D. ch. iv, par. vii. 
 
 § 317. In exhibiting charges, the times, 
 places, and circumstances should, if pos- 
 sible, be ascertained and stated, that the 
 accused may have an opportunity to prove 
 an alibi, or to extenuate or alleviate his 
 offence. — B. D. ch. iv, par. viii. 
 
 § 318. When an accused person or a 
 witness refuses to obey the citation, he 
 shall be cited a second time, and if he still 
 continue to refuse, he shall be excluded 
 from the communion of the Church for his 
 contumacy until he repent. — B. D. ch. iv, 
 par. x. 
 
158 MANUAL OF LAW AND USAGE. 
 
 § 319. The time which must elapse be- 
 tween the first citation of an accused per- 
 son or a witness and the meeting of the 
 judicatory at which he is to appear is at 
 least ten days. But the time allotted for 
 his appearance in the subsequent citation is 
 left to the discretion of the judicatory : 
 Provided always, however, that it he not 
 less than is quite sufficient for a reasonable 
 and convenient compliance with the cita- 
 tion. — B. D. ch. iv, par, xii. 
 
 § 320. The second citation ought always 
 to be accompanied with a notice, that if the 
 person cited do not appear at the time ap- 
 pointed, the judicatory, besides censuring 
 him for his contumacy, will, after assign- 
 ing some person to manage his defence, pro- 
 ceed to take the testimony in his case as if 
 he were present. — B. D. ch. iv,par. xiii. 
 
 § 321. Judicatories, before proceeding to 
 trial, ought to ascertain that their citations 
 have been duly served on the persons for 
 whom they were intended, and especially 
 
JUDICIAL CASES. 159 
 
 before they proceed to ultimate measures 
 for contumacy.— i?. D. ch. iv, par. xiv. 
 
 § 322. As cases 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 and ought, if 
 they think the edification of the Church 
 requires it, to prevent the accused person 
 from approaching the Lord's table until 
 the charge against him can be examined. — 
 B. I), ch. iv, par. xviii. 
 
 § 323. When a member of a church 
 judicatory (elder or minister) is under 
 process, it shall be discretionary with the 
 judicatory whether his privileges of delib- 
 erating and voting as a member in other 
 matters shall be suspended until the pro- 
 cess is finally issued or not. — B. D. ch. v, 
 par. ix. 
 
 § 324. No professional counsel shall be 
 permitted to appear and plead in cases of 
 
160 MANUAL OF LAW AND USAGE. 
 
 process in any of the courts. But if any 
 accused person feel unable to represent and 
 plead his own cause to advantage, he may 
 request any minister or elder belonging to 
 the judicatory before which he appears to 
 prepare and exhibit his cause as he may 
 judge proper. But the minister or elder so 
 engaged shall not be allowed, after plead- 
 ing the cause of the accused, to sit in judg- 
 ment as a member of the judicatory. — B, 
 D. ch. iv y par. xxi. 
 
TRIAL. 161 
 
 CHAPTER XVIII. 
 
 TRIAL. 
 
 § 325. After the court is duly consti- 
 tuted and opened with prayer for Divine 
 guidance, the -moderator shall solemnly 
 announce from the chair that the hody 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. — G. A. Rule 
 40. 
 
 § 326. The charges and specifications 
 shall then be read by the clerk, and the 
 accused shall be called upon by the moder- 
 ator to plead guilty or not guilty. 
 
 § 327. If he plead guilty, the court shall, 
 after private consideration and determina- 
 tion, proceed to pass their sentence through 
 the moderator. 
 11 
 
162 MANUAL OF LAW AND USAGE. 
 
 § 328. If he plead not guilty, the prose- 
 cution shall then proceed to adduce proof 
 of the charges as they are presented, and 
 the witnesses shall he examined in the 
 presence of the accused, who shall have the 
 right to cross-examine, either by himself 
 or by his counsel. — B. D. ch. it?, par. :cv. 
 
 § 329. All persons are not competent as 
 witnesses, and all who are competent are 
 not credible. — B. I), ch. vi, par. i. 
 
 § 330. A competent witness is one who 
 ought to be admitted and heard. The com- 
 petency of a witness may he affected by his 
 want of the proper age ; by a want of any 
 of the senses essential to a knowledge of 
 the matter which he is called to establish ; 
 by weakness of understanding ; by infamy 
 of character; by being under church cen- 
 sure for falsehood or perjury ; by nearness 
 of relationship to any of the parties ; and 
 by a variety of considerations which can- 
 not be specified in detail. — B. D. ch. vi, 
 par. ii. 
 
TRIAL. 163 
 
 § 331. Where there is room for doubt 
 with regard to any of these points, either 
 party has a right to challenge witnesses ; 
 and the judicatory shall candidly attend to 
 the exceptions, and decide upon them. — B. 
 D. ch. vi, par. Hi. 
 
 § 332. The credibility of a witness, or 
 the degree of credit due to his testimony, 
 may be affected by relationship to any of 
 the parties ; by deep interest in the result 
 of the trial ; by general rashness, indiscre- 
 tion, or malignity of character; and by 
 various other circumstances ; to which ju- 
 dicatories shall carefully attend, and for 
 which they shall make all proper allowance 
 in their decision. — B. D. ch. vi, par. iv. 
 
 § 333. A husband or wife shall not be 
 compelled to bear testimony against each 
 other in any judicatory. — B. I), ch. vi, 
 par. v. 
 
 § 334. The testimony of- more than one 
 witness is necessary in order to establish 
 any charge, yet if several credible wit- 
 
164 MANUAL OF LAW AND USAGE. 
 
 nesses bear testimony to different similar 
 acts, belonging to the same general charge, 
 the crime shall be considered as proved. 
 B. D. ch. vi,par. vi. 
 
 § 335. A member of the judicatory may 
 be called upon to bear testimony in a case 
 which comes before it. He shall be quali- 
 fied as other witnesses are ; and after 
 having given his testimony, he may im- 
 mediately resume his seat as a member of 
 the judicatory. — B. D. ch. vi, par. xv. 
 
 § 336. No witness afterward to be ex- 
 amined, except a member of the judicatory, 
 shall be present during the examination 
 of another witness on the same case, un- 
 less by consent of parties. — B. D. ch. vi, 
 par. vii. 
 
 § 337. The oath or affirmation to a wit- 
 ness 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 will 
 declare the truth, the whole truth, and nothing but 
 
TRIAL. 165 
 
 the truth, according to the best of your knowledge, in 
 the matter in which you are called to witness, as you 
 shall answer it to the great Judge of quick and dead. 
 
 — B. D. ch. vi, par. ix. 
 
 .§ 338. To prevent confusion, witnesses 
 shall be examined first by the party intro- 
 ducing them, then cross-examined by the 
 opposite party ; after which any member 
 of the judicatory or either party may put 
 additional interrogatories. But no ques- 
 tion shall be put or answered except by 
 permission of the moderator. — B. D. ch. vi, 
 par. viii. 
 
 § 339. When the prosecution is examin- 
 ing his witnesses the defence shall not be 
 permitted to ask any question of said wit- 
 ness until the prosecution shall have fin- 
 ished with him, and vice versa. 
 
 § 340. When the prosecution shall have 
 finished their proposed evidence, the ac- 
 cused shall then proceed to adduce his 
 testimony in defence ; and the same order 
 shall be observed in the examination of 
 
166 MANUAL OF LAW AND USAGE. 
 
 the witnesses for the defence as for the 
 prosecution. 
 
 § 341. Cases may arise in which it is 
 not convenient for a judicatory to have the 
 whole, or perhaps any part, of the testi- 
 mony in a particular cause taken in their 
 presence. In this case a commission of the 
 judicatory, consisting of two or three mem- 
 bers, may be appointed, and authorized to 
 proceed to the place where the witness or 
 witnesses reside and take the testimony in 
 question, which shall be considered as if 
 taken in the presence of the judicatory ; 
 of which commission and of the time and 
 place of their meeting due notice shall be 
 given to the opposite party, that he may 
 have an opportunity of attending. And 
 if the accused shall desire on his part to 
 take testimony at a distance, for his own 
 exculpation, he shall give notice to the ju- 
 dicatory of the time and place when it is 
 proposed to take it, that a commission, as 
 in the former case, may be appointed for 
 the purpose. — B. D. ch. vi, par. xiii. 
 
TRIAL. 167 
 
 § 342. 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. — B. D. cli. 
 vi, par. x. 
 
 § 343. 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. — B. D.ch. iv,par. 
 xxii. 
 
 § 344. But an appeal to the church Ses- 
 sion from the moderator, if he be a minis- 
 ter, would not be in order. In this case 
 exceptions to his decision must be filed to 
 go before the Presbytery. 
 
 § 345. When the witnesses have all been 
 examined, the accused and the prosecutor 
 shall have the privilege of commenting on 
 their testimony to any reasonable extent. — 
 B. D. ch. vi, par. xiv. 
 
168 MANUAL OF LAW AND USAGE. 
 
 § 346. In their pleadings, after all the 
 witnesses have been examined, the defence 
 shall first be heard, and afterward the 
 prosecution. 
 
 § 347. The pleadings having been heard, 
 the court shall proceed deliberately to a 
 conclusion of the whole matter, and de- 
 clare their judgment. 
 
 § 348. If the court find the party guilty, 
 the person found guilty shall be admon- 
 ished, or rebuked, or excluded from church 
 privileges, as the case shall appear to de- 
 serve, until he give satisfactory evidence of 
 repentance. — B. D. cli. iv,par. xvii. 
 
 § 349. Such gross offenders as will not 
 be reclaimed by the private or public ad- 
 monitions of the church are to be cut off 
 from its communion, agreeably to our 
 Lord's direction, Matt, xviii: IT, and 
 the apostolic injunction respecting the in- 
 cestuous person, I Cor. v: 1-5. — B. D. ch. 
 Wj par. xx. 
 
TRIAL. 1 69 
 
 § 350. If the court find the party not 
 guilty, they should recommend him to the 
 confidence of the Church. 
 
 § 351. The sentence shall he published 
 only in the church or churches which have 
 been offended; or, if the offence be of 
 small importance, and such as it shall ap- 
 pear most for edification not to publish, 
 the sentence may pass only in the judica- 
 tory. — B. D. ch. iv,par. xix. 
 
 § 352. The judgment shall be regularly 
 entered on the records of the judicatory ; 
 and the parties shall be allowed copies of 
 the whole proceedings, at their own ex- 
 pense, if they demand them. And in case of 
 references or appeals, the judicatory refer- 
 ring or appealed from shall send authentic 
 copies of the whole jjrocess to the higher 
 judicatory.—!?. D. ch. iv,par. xvi. 
 
 § 353. But the parties cannot " demand 
 copies of the whole proceedings ' ' from the 
 clerk, but from the judicatory ; as the clerk 
 
170 MANUAL OF LAW AND USAGE. 
 
 without an order has no authority to give 
 them. 
 
 § 354. In recording the proceedings in 
 cases of judicial process, the reasons for all 
 decisions, except on questions, of order, 
 shall be recorded at length, that the rec- 
 ord may exhibit everything which had an 
 influence on the judgment of the court. 
 And nothing but what is contained in the 
 record may be taken into consideration in 
 reviewing the proceedings in a superior 
 court. — B. D. ch. iv,par. xxiii. 
 
 § 355. 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. — B. D. ch. 
 vi, par. xi. 
 
 § 356. In like manner testimony taken 
 by one judicatory, and regularly certified, 
 shall be received by every other judicatory 
 as no less valid than if it had been taken 
 by themselves. — B. D. ch. vi t par. xii. 
 
MODE OF PASSING SENTENCE. 171 
 
 CHAPTER XIX. 
 
 MODE OF PASSING SENTENCE AND OF RESTORING 
 THE PENITENT TO CHURCH PRIVILEGES. 
 
 § 357. The power which Christ hath 
 given the rulers of his church is for edi- 
 fication, and not for destruction. As in 
 the preaching of the word the wicked 
 are doctrinally separated from the good, 
 so by discipline the church authoritatively 
 makes a distinction between the holy and 
 the profane. In this she acts the part of 
 a tender mother, correcting her children 
 only for their good, that every one of them 
 may be presented faultless in the day of 
 the Lord Jesus.— D. W. cli. x, par. i. 
 
 § 358. When any member of the church 
 shall have been guilty of a fault deserving 
 censure, the judicatory shall proceed with 
 all tenderness and restore their offending 
 brother in the spirit of meekness, consid- 
 
172 MANUAL OF LAW AND USAGE. 
 
 ering themselves lest they also be tempted. 
 Censure ought to be inflicted with great 
 solemnity, that it may be the means of 
 impressing the mind of the delinquent 
 with a proper sense of his danger, while 
 he stands excluded from the privileges of 
 the church of the living God; and that 
 with the divine blessing it may lead him 
 to repentance. — D. W. ch. x, par. ii. 
 
 § 359. When the judicatory has resolved 
 to pass sentence suspending a member 
 from church privileges, the moderator 
 shall address him to the following pur- 
 pose: 
 
 Whereas you are guilty (by your own confession, or 
 convicted by sufficient proof, as the case may be) of 
 the sin, (here mention the particular offence,) we de- 
 clare you suspended from the sacraments of the church 
 till you give satisfactory evidence of the sincerity of 
 your repentance. 
 
 — D. W. ch. x, par. Hi. 
 
 § 360. To this shall be added such ad- 
 vice, admonition, or rebuke as may be 
 judged necessary, and the whole shall be 
 
MODE OF PASSING SENTENCE. US 
 
 concluded by prayer to Almighty God, 
 that he would follow this act of discipline 
 with his blessing. We judge it prudent 
 in general that such censures be inflicted 
 in the presence of the judicatory only ; but 
 if any church think it expedient to rebuke 
 the offender publicly, this solemn suspen- 
 sion from the. sacraments may be in the 
 presence of the congregation. — Ibid. 
 
 § 361. After any person hath been thus 
 suspended from the sacraments, it is proper 
 that the minister and elders and other 
 christians should frequently converse with 
 him, as well as pray for him in private, 
 that it would please God to give him re- 
 pentance. And it may be requisite like- 
 wise, particularly on days preparatory to 
 the dispensing of the Lord's supper, that 
 the prayers of the church be offered up 
 for those unhappy persons who by their 
 wickedness have shut themselves out from 
 this holy communion. — D. W. ch. x, par. iv. 
 
 § 362. When the judicatory shall be sat- 
 
174 MANUAL OF LAW AND USAGE. 
 
 isfied as to the reality of the repentance of 
 any offender, he shall be admitted to pro- 
 fess his repentance and be restored to the 
 privileges of the church ; which restora- 
 tion shall be declared to the penitent in 
 the presence of the Session or of the con- 
 gregation, and followed with prayer and 
 thanksgiving. — D. W. ch. x, par. v. 
 
 § 363. When any offender has been ad- 
 judged to be cut off from the communion 
 of the church, it is proper that the sen- 
 tence be publicly pronounced against him. 
 — D. W. ch. x, par. vi. 
 
 § 364. The design of excommunication 
 is to operate upon the offender as a means 
 of reclaiming him, to deliver the church 
 from the scandal of his offence, and to in- 
 spire all with fear by the example of his 
 punishment. — D. W. ch. x, par. vii. 
 
 § 365. The minister shall give the church 
 or congregation .a short narrative of the 
 several steps which have been taken with 
 
MODE OF PASSING SENTENCE. 175 
 
 respect to their offending brother, and in- 
 form them that it has been found necessary 
 to cut him off from the communion ; and 
 shall, in the presence of the church or 
 congregation, pronounce the sentence in 
 the following or like form, viz : He shall 
 begin by showing the authority of the 
 church to cast out unworthy members, 
 from Mat. xviii: 15-18; I Cor. v: 1-5; 
 and shall briefly explain the nature, use, 
 and consequences of this censure, warning 
 the people to avoid all unnecessary inter- 
 course with him who is cast out. — Ibid. 
 
 § 366. Then he shall say— 
 
 Whereas A. B. hath been, by sufficient proof, convicted 
 of, {here insert the sin,) and after much admonition and 
 prayer obstinately refuseth to hear the church, and 
 hath manifested no evidence of repentance: therefore, 
 in the name and by the authority of the Lord Jesus 
 Christ, I pronounce him to be excluded from the com- 
 munion of the church. 
 
 After which prayer shall be made that 
 the blessing of God may follow his ordi- 
 nance for the conviction and reformation of 
 
176 MANUAL OF LAW AND USAGE. 
 
 the excommunicated person, and for the 
 establishment of all true believers. — D. W. 
 ch. x, par. vii. 
 
 § 367. When one who has been excom- 
 municated shall be so affected with his state 
 as to be brought to repentance, and to de- 
 sire to be readmitted to the privileges of 
 the church, the Session, having obtained 
 sufficient evidence of his sincere penitence, 
 shall, with the advice and concurrence of 
 the Presbytery, restore him. In order to 
 which the minister shall, on two Lord's 
 days previous thereto, inform the congre- 
 gation of the measures which have been 
 taken with the excommunicated person, 
 and of the resolution of the Session to re- 
 ceive him again to the communion of the 
 church. — D. JV. ch. x,par. viii. 
 
 § 368. On the day appointed for his res- 
 toration, when the other parts of divine 
 service are ended, before pronouncing the 
 blessing, the minister shall call upon the 
 excommunicated person, and propose to 
 
MODE OF RESTORATION. 177 
 
 him, in the presence of the congregation, 
 the following questions, viz: 
 
 1. Do you, from a deep seDse of your great wicked- 
 ness, freely confess your sin in thus rebelling against 
 God, ;md in refusing to hear his church ; and do you ac- 
 knowledge that you have been, in justice and mercy, 
 cut off from the communion of the saints? 
 
 Ansioer. I do. 
 
 2. Do you now voluntarily profess your sincere re- 
 pentance and deep contrition for your sin and obstinacy ; 
 and do you humbly ask the forgiveness of God and of 
 his church? 
 
 Answer. I do. 
 
 3. Do you sincerely promise, through divine grace, 
 to live in all humbleness of mind and circumspection, 
 and to endeavor to adorn the doctrine of God our Sa- 
 viour, by having your conversation as becometh the 
 gospel? 
 
 Answer. I do. 
 
 Here the minister shall give the penitent 
 a suitable exhortation, addressing him in 
 the bowels of brotherly love, encouraging 
 and comforting him. Then he shall pro- 
 nounce the sentence of restoration in the 
 following words, viz: 
 
 Whereas you, A. B., have been shut out from the com- 
 munion of the faithful, but have now manifested such 
 repouiance as satisfies the church: In the name of the 
 12 
 
178 MANUAL OF LAW AND USAGE. 
 
 Lord Jesus Christ, and by his authority, I declare you 
 absolved from the sentence of excommunication formerly 
 denounced against you ; and I do receive you into the 
 communion of the church, that you may be a partaker 
 of all the benefits of the Lord Jesus, to your eternal 
 salvation. 
 
 The whole shall be concluded with pray- 
 er, and the people dismissed with the usual 
 blessing. — Ibid. 
 
PROCESS AGAINST A MINISTER. 1*79 
 
 CHAPTEK XX. 
 
 PROCESS AGAINST A MINISTER. 
 
 § 369. As no minister ought, on account 
 of his office, to he screened from the hand 
 of justice, nor his offences to be slightly 
 censured, so neither ought scandalous 
 charges to be received against him by any 
 judicatory on slight grounds. — B. D. ch. v, 
 par. i. 
 
 § 370. Process against a minister shall 
 always be entered before the Presbytery of 
 which he is a member. — B. D. ch. v,par. ii. 
 
 § 371. The same candor, caution, and 
 general method, substituting only the Pres- 
 bytery for the Session, are to be observed in 
 investigating charges against him as are 
 prescribed in the case of private members. 
 —Ibid. 
 
 §372. Process against a gospel minister 
 
180 MANUAL OF LAW AND USAGE. 
 
 shall not be commenced, unless some per- 
 son or persons undertake to make out the 
 charge; or unless common fame so loudly 
 proclaim the scandal, that the Presbytery 
 find it necessary for the honor of religion 
 to investigate the charge. — B. D. ch. v, 
 par. v. 
 
 § 373. When complaint is laid before the 
 Presbytery it must be reduced to writing. — 
 B. D. ch. v.par. viii. 
 
 § 374. The prosecutor of a minister shall 
 be previously warned, that if he fail to 
 prove the charges, he must himself be cen- 
 sured as a slanderer of the gospel ministry, 
 in proportion to the malignancy or rash- 
 ness that shall appear in the prosecution. — 
 B. D. ch. v,par. vii. 
 
 § 375. If a minister accused of atrocious 
 crimes, being twice duly cited, shall re- 
 fuse to attend the Presbytery, he shall be 
 immediately suspended. And if, after 
 another citation, he shall refuse to attend, 
 
PROCESS AGAINST A MINISTER. 181 
 
 he shall he deposed as contumacious — B. 
 D. c7i. v, par. xi. 
 
 § 376, 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 the) r 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 in- 
 convenient) 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. — B. D. cli. v, par. 
 
 §377. Nevertheless, in case a minister 
 being supposed to be guilty of a crime or 
 crimes at such 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 
 
182 MANUAL OF LAW AND USAGE. 
 
 shall in such case be the duty of the 
 Presbytery within whose bounds the facts 
 shall have happened, after satisfying them- 
 selves that there is probable ground of ac- 
 cusation, to send notice to the Presbytery 
 of which he is a member, who are to pro- 
 ceed against him, and either send and take 
 the testimony themselves by a commission 
 of their own body, or request the other 
 Presbyter}^ to take it for them, and trans- 
 mit the same, properly authenticated. — B % 
 D. ch. v, pai\ iv. 
 
 § 378. If a minister confess guilt, and 
 the matter be base and flagitious — such as 
 drunkenness, uncleanness, or crimes of a 
 higher nature, however penitent he may 
 appear to the satisfaction of all — the Pres- 
 bytery must without delay suspend him 
 from the exercise of his office or depose 
 him from the ministry ; and if the way be 
 clear for the purpose, appoint him a due 
 time to confess publicly before the congre- 
 gation offended, and to profess his peni- 
 tence. — B. D. ch. v,par. x. 
 
PROCESS AGAINST A MINISTER. 183 
 
 § 379. If upon trial he be found guilty, 
 the Presbytery must censure, admonish, 
 suspend, or depose him, according to the 
 nature of the offence. — B. D. ch. v,par. xii. 
 
 § 380. 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 
 industriously spread ; or whether they arise 
 from the weakness of the human under- 
 standing, and are not likely to do much 
 injury. — B. D. ch. v, par. xiii. 
 
 § 381. A minister under process for her- 
 esy or schism should be treated with chris- 
 tian and brotherly tenderness. Frequent 
 conferences ought to be held with him, 
 and proper admonitions administered. For 
 some more dangerous errors, however, 
 suspension may become necessary. (B.D. 
 ch. v, par. xiv.) If the Presbytery find, 
 on trial, that the matter complained of 
 amounts to no more than such acts of in- 
 firmity as may be amended, and the peo- 
 
184 MANUAL OF LAW AND USAGE. 
 
 pie satisfied, so that little or nothing re- 
 mains to hinder his usefulness, they shall 
 take all prudent measures to remove the 
 offence. — B. D. ch. v,par. xv. 
 
 § 382. 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 restoration. — B. D. ch. v, 
 par. xvi. 
 
 § 383. As soon as a minister is deposed, 
 his congregation shall be declared vacant. 
 ■ — B. D.ch.v, par. xvii. 
 
NEW TESTIMONY AND NEW TRIAL. 185 
 
 CHAPTER XXI. 
 
 NEW TESTIMONY AND NEW TRIAL. 
 
 § 384. If, after a trial before any judica- 
 tory, new testimony be discovered, which 
 is supposed to be highly important to the 
 exculpation of the accused, it is proper for 
 him to ask, and for the judicatory to grant, 
 a new trial. — B. D. ch. ix, par. i. 
 
 § 385. It sometimes happens, in the 
 prosecution of appeals, that testimony 
 which had not been exhibited before the 
 inferior judicatory is represented to ex- 
 ist, and to be of considerable importance 
 in the case. — B. D. ch. ix, par. ii. 
 
 § 386. Representations of this kind ought 
 not to be lightly, or of course sustained. 
 But the superior judicatory ought to be 
 well satisfied that the alleged testimony 
 is of real importance, before they deter- 
 mine to put the inferior judicatory to the 
 
186 MANUAL OF LAW AND USAGE. 
 
 trouble of a new trial. — B. D. ch. ix, par. 
 Hi. 
 
 §387. When such testimony, therefore, 
 is alleged to exist, either by the appellant, 
 or the judicatory appealed from, it will be 
 proper for the superior judicatory to inquire 
 into the nature and import of the testimony; 
 what is intended to be proved by it ; and 
 whether there is any probability that it will 
 really establish the point intended to be 
 established. — B. D. ch. ix, par. iv. 
 
 §388. If it appear that the fact proposed 
 to be established by the new testimony is 
 important ; that is, if it appear to be such 
 a fact as, if proved, would materially alter 
 the aspect of the cause ; and if there be any 
 probability that the testimony in question 
 will be sufficient to establish the alleged 
 fact, then the superior judicatory ought to 
 send the cause back to the inferior for a new 
 trial. — B. D. ch. ix, par. v. 
 
 I §389. Cases may arise, however, in which 
 the judicatory appealed from and the ap- 
 
NEW TESTIMONY AND NEW TRIAL. 187 
 
 pellant may concur in requesting the su- 
 perior judicatory to take up and issue the 
 appeal, with the additional light which the 
 new evidence may afford. In this case, and 
 especially if very serious injury is likely to 
 happen, either to the appellant or to the 
 church, hy the delay which a new trial 
 would occasion, the superior judicatory 
 may proceed to hear the new testimony, and 
 to issue the appeal with the aid of the ad- 
 ditional light which that testimony may 
 afford. — B. D. cli. ix. par. vi. 
 
 § 390. When, however, the judgment 
 of the inferior judicatory is reversed, and 
 it is apparent that the new testimony had 
 considerable influence in procuring the 
 reversal, it ought to be so stated in the 
 decision of the superior judicatory, inas- 
 much as it would be injustice to the inferior 
 judicatory to reverse their decision upon 
 grounds which were never before them, 
 without explaining the fact. — B. I), ch.ix, 
 par. vii. 
 
188 MANUAL OF LAW AND USAGE. 
 
 § 391. If a court refuse to grant a new 
 trial upon the allegation of new testimony, 
 a complaint may lie.—if. G.A. 1812, p. 496. 
 
 § 392. An order for a new trial does 
 not restore the defendant. — M. N. S. G. A. 
 1846, p. 33. 
 
DISSENTS AND PROTESTS. 189 
 
 CHAPTER XXII. 
 
 DISSENTS AND PROTESTS. 
 
 § 393. A dissent is a declaration on the 
 part of one or more members of a minority, 
 'in a judicatory, expressing a different opin- 
 ion from that of the majority in a particular 
 case. A dissent, unaccompanied with rea- 
 sons, is always entered on the records of 
 the judicatory. — B. D. ch. viii, par. i. 
 
 § 394. A protest is a more solemn and 
 formal declaration, made by members of a 
 minority, as before mentioned, bearing their 
 testimony against what they deem a mis- 
 chievous or erroneous judgment; and is 
 generally accompanied with a detail of the 
 reasons on which it is founded. — B. D. ch. 
 viii, par. ii. 
 
 § 395. If a protest or dissent be couched 
 in decent and respectful language, and 
 contain no offensive reflections or insinu- 
 ations against the majority of the judica- 
 
190 MANUAL OF LAW AND USAGE. 
 
 tory, those who offer it have a right to 
 have it recorded on the minutes. — B. D. 
 ch. viii, par. Hi. 
 
 § 396. A dissent or protest may he ac- 
 companied with a complaint to a superior 
 judicatory or not, at the pleasure of those 
 who offer it. If not thus accompanied, it' 
 is simply left to speak for itself when the 
 records containing it come to he reviewed 
 by the superior judicatory. — B. D. ch. viii, 
 par. iv. 
 
 § 397. It may sometimes happen that a 
 protest, though not infringing the rules 
 of decorum either in its language or mat- 
 ter, may impute to the judicatory, whose 
 judgment it opposes, some principles or 
 reasonings which it never adopted. In 
 this case the majority of the judicatory 
 may with propriety appoint a committee 
 to draw up an answer to the protest, which, 
 after being adopted as the act of the judi- 
 catory, ought to be inserted on the records. 
 — B. D. ch. viii y par v. 
 
DISSENTS AND PROTESTS. 191 
 
 § 398. When in such a case the answer 
 of the majority 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, 
 however, ought by no means to be admit- 
 ted ; as the majority might of course re- 
 join, and litigation might be perpetuated, 
 to the great inconvenience and disgrace of 
 the judicatory. — B. D. ch. viii, par. vi. 
 
 § 399. When, however, those who have 
 protested consider the answer of the ma- 
 jority as imputing to them opinions or 
 conduct which they disavow, the proper 
 course is to ask leave to take back their 
 protest, and modify it in such a manner as 
 to render it more agreeable to their views. 
 This alteration may lead to a correspond- 
 ing alteration in the answer of the ma- 
 jority, with which the whole affair ought 
 to terminate. — B. D. ch. viii, par. vii. 
 
 § 400. None can join in a protest against 
 a decision of a judicatory excepting those 
 
192 MANUAL OF LAW AND USAGE. 
 
 who had a right to vote in said decision. 
 — B. D. ch. viii, par. viii. 
 
 § 401. In the Assembly of 1846 (0. S.) 
 leave was refused to have a dissent with 
 reasons entered upon the record. The 
 consideration influencing the body seems 
 to have been the threatened introduction 
 of several others should the one offered be 
 recorded. The only justification attempted 
 was in the suggestion that the language 
 of Chapter VII, § 1, of the Book of Dis- 
 cipline seems to imply that a dissent may 
 be rejected if accompanied with reasons. 
 This is true, if taken with the limitation 
 given in § 3 of the same chapter, if the 
 reasons are not respectfully expressed. 
 Otherwise a judicatory has no discretion, 
 but it is bound to admit a dissent no less 
 than a protest to record. The mistake 
 seems to have arisen from a false idea that 
 the difference between a dissent and a pro- 
 test consists in the fact of the one being 
 accompanied with reasons and the other 
 being without. The true difference, as de- 
 
DISSENTS AND PROTESTS. 193 
 
 termined alike by the Constitution as above 
 cited and the practice of the Church, is, that 
 in a dissent a party relieves himself from 
 all responsibility for a given decision by a 
 recorded act, to which he may attach rea- 
 sons or not, at his discretion. A protest 
 goes further, and not only declines respon- 
 sibility for, but utters a solemn testimony 
 against a decision, and may, as well as a 
 dissent, be entered without reasons, al- 
 though generally accompanied by them. 
 Baird. 
 
 § 402. The only question properly be- 
 fore a judicatory upon the presentation of 
 a dissent or protest seems to be, is its lan- 
 guage respectful and free from offensive 
 reflections or insinuations? This being 
 decided in the affirmative, the paper is 
 entitled to record without further vote. If 
 in the negative, the judicatory may still 
 at its discretion record it. — Ibid. 
 13 
 
194 MANUAL OF LAW AND USAGE. 
 
 CHAPTER XXIII. 
 
 THE VARIOUS WAYS OF CARRYING A CAUSE FROM 
 A LOWER TO A HIGHER COURT. 
 
 § 403. Every kind of decision which is 
 formed in any church court, except the 
 highest, is subject to review of a higher 
 court, and may be carried before it either 
 upon general review and control, or by 
 reference, by complaint, or by appeal. — B. 
 D. cli. vii, par. ii. 
 
 § 404. All decisions formed in a church 
 court may be divided into three classes: 
 judicial, legislative, and administrative. 
 
 § 405. A judicial decision is one formed 
 on some matter involved in a judicial pro- 
 cess — that is to say, where an accused party 
 is put upon trial for some alleged offence. 
 
 § 406. A legislative decision is one which 
 involves the determination of some point, 
 as to the meaning or the application of 
 
CARRYING UP CAUSES. 195 
 
 the common or written law of the Church 
 to particular facts or to a particular case. 
 
 § 407. An administrative decision is one 
 which directs a particular order of execu- 
 tive proceeding in all acts of a church court, 
 i. e., which orders the mode of proceedings. 
 
 On Review. 
 
 § 408. It is the duty of every judicatory, 
 ahove a church Session, at least once a year, 
 to review the records of the proceedings of 
 the judicatory next below. — B. D. ch. vii, 
 sec. i, par. i. 
 
 § 409. 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 particu- 
 lar time, as circumstances may require. — 
 Ibid. 
 
 § 410. In reviewing the records of an 
 inferior judicatory, it is proper to examine, 
 First. Whether the proceedings have 
 been constitutional and regular ; 
 
196 MANUAL OF LAW AND USAGE. 
 
 Secondly. Whether they have been 
 wise, equitable, and for the edification 
 of the church; 
 
 Thirdly. Whether they have been cor- 
 rectly recorded. — B. D. ch. vii, sec. i, par. 
 ii. 
 
 § 411. In most cases the superior judi- 
 catory may be considered as fulfilling its 
 duty by simply recording on its own min- 
 utes the animadversion or censure which 
 it may think proper to pass on records un- 
 der review, and also by making an entry 
 of the same in the book reviewed. — B. D. 
 ch. vii, sec. i, par. Hi. 
 
 § 412. 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 in- 
 ferior judicatory may be required to review 
 and correct its proceedings. — Ibid, 
 
 § 413. No judicial decision, however, of 
 
CARRYING UP CAUSES. 197 
 
 a judicatory shall be reversed, unless it be 
 regularly brought up by appeal or com- 
 plaint. — B. D. ch. viiy sec. i, par. iv. 
 
 § 414. Judicatories may sometimes entire- 
 ly neglect to perform their duty, by which 
 neglect heretical opinions or corrupt prac- 
 tices 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 irregu- 
 larity may not be distinctly recorded by 
 them : In any of which 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 common 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. — B. D. ch. 
 vii, sec. i, par. v. 
 
198 MANUAL OF LAW AND USAGE. 
 
 § 415. When any important delinquency 
 or grossly unconstitutional proceedings ap- 
 pear in the records of any judicatory, or are 
 charged against them by common fame, the 
 first step to be taken by the judicatory next 
 above is to cite the 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 question; 
 after which the judicatory thus issuing the 
 citation shall remit the whole matter to 
 the delinquent judicatory, with a direction 
 to take it up and dispose of it in a consti- 
 tutional manner, or stay all further pro- 
 ceedings in the case, as circumstances may 
 require. — B. D. ch. vii, sec. i, par. vi. 
 
 § 416. Members of a judicatory are ex- 
 cluded from voting upon review of their 
 own records.— M. G. A. 1816,^. 611 ; 1821, 
 p. 23. 
 
 § 417. A case cannot be issued judicially 
 upon review, b.:t the inferior court may be 
 required to take up a case ; and the rule of 
 
CARRYING UP CAUSES. 199 
 
 limitation of time does not then apply. — 
 31. G. A. 1810, p. 383; 0. S. G. A. 1850, 
 p. 481. 
 
 § 418. A record once approved by a 
 higher court cannot be altered or annulled 
 by a lower court. If there be an error in 
 the record, the remedy is to be sought by 
 an application to the highest court that has 
 reviewed and indorsed such mistake. — 31. 
 N.S. G.A. 1862,^.34. 
 
 References. 
 
 § 419. A reference is a judicial repre- 
 sentation, made by an inferior judicatory 
 to a superior, of a case not yet decided ; 
 which representation ought always to be in 
 writing. — B. D. ch. vii, see. ii, par. i. 
 
 § 420. Cases which are new, important, 
 difficult, of peculiar delicacy, the decision 
 of which may establish principles or pre- 
 cedents of extensive influence, on which 
 the sentiments of the inferior judicatory 
 are greatly divided, or on which, for any 
 
200 MANUAL OF LAW AND USAGE. 
 
 reason, it is highly desirable that a larger 
 body should first decide, are proper sub- 
 jects of reference. — B. D. ch. vii, sec. ii, 
 par. ii. 
 
 § 421. References are either for mere ad- 
 vice, preparatory to a decision by the infe- 
 rior judicatory, or for ultimate trial and 
 decision by the superior. — B. D. ch. vii, sec. 
 ii, par. Hi. 
 
 § 422. In the former case, the reference 
 only suspends the decision of the judicatory 
 from which it comes; in the latter case, it 
 totally relinquishes the decision, and sub- 
 mits the whole cause to the final judgment 
 of the superior judicatory. — B. D. ch. vii, 
 sec. ii, par. iv. 
 
 § 423. Although references may in some 
 cases, as before stated, be highly proper ; 
 yet it is, generally speaking, more con- 
 ducive to the public good that each judi- 
 catory should fulfill its duty by exercising 
 its judgment. — B. D. ch. vii, sec. ii, par. v. 
 
CARRYING UP CAUSES. 201 
 
 § 424. Although a reference ought gen- 
 erally to procure advice from the superior 
 judicatory, yet that, judicatory is not nec- 
 essarily hound to give a final judgment in 
 the case, even if requested to do so ; hut 
 may remit the whole cause, either with or 
 without advice, back to the judicatory by 
 which it was referred. — B. D. ch. vii, sec. 
 ii, par. vi. 
 
 § 425. In cases of reference, the mem- 
 bers of the inferior judicatory making it 
 retain all the privileges of deliberating 
 and voting, in the course of trial and judg- 
 ment before the superior judicatory, which 
 they would have had if no reference had 
 been made. — B. D. ch. vii, sec. ii, par. vii. 
 
 § 426. References are generally to be 
 carried to the judicatory immediately su- 
 perior. — B. D. ch. vii, sec. ii, par. viii. 
 
 § 427. In cases of reference, the judica- 
 tory referring ought to have all the testi- 
 mony and other documents, duly prepared, 
 
202 MANUAL OF LAW AND USAGE. 
 
 produced and in perfect readiness, so that 
 the superior judicatory may be able to con- 
 sider and issue the case with as little diffi- 
 culty or delay as possible. — B. D. ch. vii, 
 sec. ii, par. ix. 
 
 § 428. In cases of reference, the superior 
 judicatory may take original testimony in 
 certain cases, where they deem the testi- 
 mony furnished by the referring court not 
 sufficient or defective.— if, 0. S.G.A. 1853, 
 p. 455. 
 
 Principles or Rules Governing References. 
 
 § 429. A complaint or appeal against a 
 reference of a case is illegitimate and should 
 not be entertained, because it implies an 
 impeachment of the rightful jurisdiction 
 of the court of reference, and because the 
 exercise of a constitutional right, by the 
 reference of the case being a matter at the 
 entire discretion of the court referring, is 
 no just ground of complaint. — Baird. 
 
 § 430. No complaint or appeal, is valid 
 
CARRYING UP CAUSES. 203 
 
 which assumes to bring before the higher 
 court the merits of a case which has been 
 referred to it. If reference effectuates the 
 sending up the case, it is incompetent in a 
 party to supersede that action by an at- 
 tempt to take it out of the hands of the 
 referring court, and by a conflicting action 
 bear it to the superior court. — Ibid. 
 
 § 431. When the inferior body has by 
 reference waived its jurisdiction, the act 
 precludes any room to suppose injury clone 
 by it in so far as the matter referred is 
 concerned ; and it is therefore not allowa- 
 ble that the protective processes of appeal 
 and complaint should be perverted to the 
 overthrow of the prior and equally import- 
 ant rights of the inferior body in reference, 
 and in sitting with others upon the case 
 referred. — Ibid. 
 
 § 432. The only cases in which an appeal 
 or complaint may come in connection with 
 a reference is when the inferior court has 
 come to a decision of doubtful propriety in 
 
204 MANUAL OF LAW AND USAGE. 
 
 connection with the case ; as, for example, 
 in regard to the propriety of entertaining 
 the case, the competence of certain testi- 
 mony, &c. — Ibid. 
 
 § 433. For maintaining the rights of all 
 parties and the integrity of the constitu- 
 tion inviolate, it is essential that all such 
 points should he decided first by a judicial 
 process, in which the inferior court would 
 be excluded; and then, the inferior being 
 admitted, the reference should be taken up 
 and decided by the concurrent judgment 
 of the whole body. The opposite course 
 blots the right of reference to all practical 
 purposes from the book. — Ibid, 
 
 Appeals 
 
 § 434. An appeal is the removal of a 
 cause already decided from an inferior to a 
 superior judicatory by a party aggrieved. 
 — B. D. ch. vii, sec. Hi, par. i. 
 
 § 435. All persons who have submitted 
 to a regular trial in an inferior may ap- 
 
CARRYING UP CAUSES. 205 
 
 peal to a higher judic^ory. — B. D. ch. vii, 
 sec. Hi , par. ii. 
 
 § 436. Any irregularity in the proceed- 
 ings 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 preju- 
 dice in the case; and mistake or injustice 
 in the decision — are all proper grounds of 
 appeal. — B. D. ch.vii, sec. Hi, par. in. 
 
 § 437. Appeals may be either from a 
 part of the proceedings of a judicatory, or 
 from a definitive sentence. — B. D. ch. vii, 
 sec. Hi, par. iv. 
 
 § 438. Every appellant is bound to give 
 notice of his intention to appeal, and also 
 to lay the reasons thereof, in writing, be- 
 fore the judicatory appealed from, either 
 before its rising, or within ten days there- 
 after. If this notice, or these reasons, be 
 not given to the judicatory while in ses- 
 
206 MANUAL OP LAW AND USAGE. 
 
 sion, they shall be lodged with the mod- 
 erator. — B. D. ch. vii, sec. Hi, par. v. 
 
 § 439. Appeals are generally to be car- 
 ried in regular gradation from an inferior 
 judicatory to the one immediately, superior. 
 — B. D. ch. vii, sec. Hi, par. vi. 
 
 § 440. The appellant shall lodge his ap- 
 peal and the reasons of it with the clerk 
 of the higher judicatory before the close 
 of the second day of the session. — B. D. 
 ch. vii, sec. Hi, par. vii. 
 
 § 441. In taking up an appeal, after as- 
 certaining that the appellant on his part 
 has conducted it regularly, the first step 
 shall be to read the sentence appealed 
 from ; secondly, to read the reasons which 
 were assigned by the appellant for his ap- 
 peal, and which are on record; thirdly, to 
 read the whole record of the proceedings 
 of the inferior judicatory in the case, in- 
 cluding all the testimony, and the reasons 
 of their decision : fourthly, to hear the orig- 
 
CARRYING UP CAUSES. 207 
 
 inal parties; fifthly, to hear any of the 
 members of the inferior judicatory in ex- 
 planation of the grounds of their decision 
 or of their dissent from it. — B. D. ch. vii, 
 sec. Hi, par. viii. 
 
 § 442. Who are the original parties. 
 
 (a) There may be a responsible prose- 
 cutor and the defendant. 
 
 (b) A prosecuting committee and de- 
 fendant. 
 
 (c) Upon etfama clamosa case the court 
 may itself, without prosecutor or com- 
 mittee, conduct process against the ac- 
 cused. 
 
 (d) A subordinate court, under griev- 
 ance, may enter complaint against a 
 superior court. 
 
 (e) A minority, or others, may com- 
 plain against the action of a court. 
 
 (/) A process may be conducted by 
 one court against another. 
 
 (g) Whatever aspect the case may af- 
 terwards assume, at every stage of its pro- 
 cess to final adjudication before the high- 
 
208 MANUAL OF LAW AND USAGE. 
 
 est court, the parties above specified are 
 the original parties in the cases severally. 
 
 § 443. After all the parties shall have 
 been fully heard, and all the information 
 gained by the members of the superior ju- 
 dicatory from those of the inferior which 
 shall be deSmed requisite, the original par- 
 ties, and all the members of the inferior 
 judicatory, shall withdraw, when the clerk 
 shall call the roll, that every member may 
 have an opportunity to express his opinion 
 on the case ; after which the final vote shall 
 be taken. — B. D. cli. vii, sec. Hi, par. ix. 
 
 § 444. The decision may be either to con- 
 firm or reverse, in whole or in part, the 
 decision of the inferior judicatory, or to 
 remit the cause, for the purpose of amend- 
 ing the record, should it appear to be incor- 
 rect or defective, or for a new trial. — B. D. 
 cli. vii, sec. iii, par. x. 
 
 § 445. If an appellant, after entering his 
 appeal to a superior judicatory, fail to pros- 
 
CARRYING UP CAUSES. 209 
 
 ecute it, it shall be considered as abandon- 
 ed, and the sentence appealed from shall be 
 final. And an appellant shall be consid- 
 ered 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 
 providence of God. — B. D. ch. vii, sec. Hi, 
 par. xi. 
 
 § 446. Members of judicatories appealed 
 from cannot be allowed to vote in the supe- 
 rior judicatory on any question connected 
 with the appeal. — B. D. ch. vii, sec. Hi, 
 par. xii. 
 
 § 447. If the members of the inferior ju- 
 dicatory, in case of a sentence appealed 
 from, appear to have acted according to the 
 best of their judgment, and with good in- 
 tention, they incur no censure, although 
 their sentence may be reversed. Yet if 
 14 
 
210- MANUAL OP LAW AND USAGE. 
 
 they appear to have acted irregularly or 
 corruptly, they shall he censured as the 
 case may require. — B. D. ch. vii, sec. Hi, 
 par. xiii. 
 
 § 448. If an appellant is found to mani- 
 fest a litigious or other unchristian spirit 
 in the prosecution of his appeal, he shall 
 be censured according to the degree of his 
 offence. — B. D. ch. vii, sec. Hi, par. xiv. 
 
 § 449. The necessary operation of an ap- 
 peal is to suspend all further proceedings 
 on the ground of the sentence appealed 
 from. But if a sentence of suspension or 
 excommunication from church privileges, 
 or of deposition from office, be the sentence 
 appealed from, it shall be considered as in 
 force until the appeal shall be issued. — 
 B. D. ch. vii, sec. Hi, par. xv. 
 
 § 450. It shall always be deemed the 
 duty of the judicatory whose judgment is 
 appealed from to send authentic copies of 
 all their records, and of the whole testi- 
 
CARRYING UP CAUSES. 211 
 
 mony 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 reg- 
 ularity on his part, is deprived of the privi- 
 lege of having his appeal seasonably issued, 
 such judicatory shall be censured according 
 to the circumstances of the case. — B. D. ch. 
 viz, sec. Hi, par. xvi. 
 
 § 451. An appeal shall in no case be 
 entered except by one of the original par- 
 ties. — B. D. ch. vii, sec. Hi, par. xvii. 
 
 § 452. Appeals are limited to judicial 
 cases.— 31. 0. S. G.A. 1839, p. 160. 
 
 § 453. In case of appeal or complaint, 
 if the judicatory appealed from should fail 
 to send up to the higher court the records 
 of the case, the case may be postponed and 
 considered at the next meeting. — M. 0. S. 
 G. A. 1842, p. 30 ; 1843, p. 192 ; 1852, p. 
 '212. 
 
 § 454. When a person is suspended by a 
 
212 MANUAL OF LAW AND USAGE. 
 
 Session and restored by the Presbytery, 
 the notice of appeal by the Session contin- 
 ues the person under the suspension until 
 the appeal is issued, which must be at the 
 next meeting of the upper court. — M. 0. 
 S. G.A. 1862, p. 597. 
 
 Complaints. 
 
 § 455. Another method by which a cause 
 which has been decided by an inferior ju- 
 dicatory may be carried before a superior 
 is by complaint. — B. D. ch. vii } sec. iv, 
 par. i. 
 
 § 456. A complaint is a representation 
 made to a superior by any member or 
 members of a minority of an inferior judi- 
 catory, or by any other person or persons, 
 respecting a decision by an inferior judica- 
 tory, which in the opinion of the com- 
 plainants has been irregularly or unjustly 
 made. — B. D. ch. vii, sec. iv, par. ii. 
 
 § 457. The cases in which complaint is 
 
CARRYING UP CAUSES. 21^ 
 
 proper and advisable are such, as the fol- 
 lowing, viz : 
 
 (a) The judgment of an inferior judica- 
 tory may be favorable to the only party 
 who has been placed at their bar ; or 
 
 (b) The judgment in question may do 
 no wrong to any individual ; or 
 
 (c) The party w T ho is aggrieved by it 
 may decline the trouble of conducting an 
 appeal. In any of these cases no appeal 
 is to be expected. And yet the judg- 
 ment may appear to some of the mem- 
 bers of the judicatory to be contrary to 
 the Constitution of the Church, injuri- 
 ous to the interests of religion, and calcu- 
 lated to degrade the character of those 
 who have pronounced it. In such case 
 the minority have not only the right to 
 record in the minutes of the judicatory 
 their dissent from this judgment, or 
 their protest against it, but they have 
 also a right to complain to the superior 
 judicatory. — B. D. ch. vii, sec. iv,par. Hi. 
 
 § 458. Notice of a complaint shall always 
 
214 MANUAL OF LAW AND USAGE. 
 
 be given before the rising of the judicatory 
 or within ten days thereafter, as in the case 
 of an appeal. — B. D. ch. vii,sec. iv,par. iv. 
 
 § 459. When notice of complaint is given 
 to a judicatory, reasons for such complaint 
 must be given as in the case of an appeal. — 
 ill". 0. £.£. ^. 1855, ^. 271, 272. 
 
 § 460. This complaint brings the whole 
 proceedings in the case under the review of 
 the superior judicatory ; and if the com- 
 plaint appear to be well founded, it may 
 have the effect not only of drawing down 
 censure upon those who concurred in the 
 judgment complained of, but also of re- 
 versing that judgment, and placing mat- 
 ters in the same situation in which they 
 were before the judgment was pronounced. 
 — B. D. ch. vii, sec. iv, par. v. 
 
 § 461. In cases of complaint, however, 
 as in those of appeal, the reversal of a judg- 
 ment of an inferior judicatory is not neces- 
 sarily connected with censure on that judi- 
 catory. — B. D. ch. vii, sec. iv, par. vi. 
 
CARRYING UP CAUSES. 215 
 
 § 462. None of the members of the judi- 
 catory whose act is complained of can vote 
 in the superior judicatory on any question 
 connected with the complaint — B. D. ch. 
 viij sec. iv, par. vii. 
 
 § 463. A complaint will not lie against 
 a refusal of a judicatory to decide a consti- 
 tutional question in thesi. — 31. 0. S. G.A. 
 1844,^.366. 
 
 § 464. Advice given by a judicatory is 
 not a subject-matter of complaint or re- 
 moval of the case to a higher court. — M. 
 N.S. G.A. 1852, p. 166. 
 
 § 465. Where a court only expresses an 
 opinion, without passing a judgment, this 
 is no ground for complaint. — 31. 0. S. G. 
 A. 1864, p. 312. 
 
 § 466. The following is the mode of issu- 
 ing a complaint, viz : 
 
 (a) Read the action complained of. 
 
 (b) The reasons of the complaint. 
 
 (c) The doings of the lower court in 
 
216 MANUAL OF LAW AND USAGE. 
 
 the case, including all the testimony on 
 which their action was based. 
 
 (d) Hear the original parties — first the 
 complainant and then the defendant. 
 
 (e) Hear any of the members of the 
 inferior court in explanation of the 
 grounds of their decision or dissent 
 from it. 
 
 (f) Exclude the original parties and 
 the members of the court complained 
 against: deliberate and decide. 
 
 § 467. The moderator of a superior court, 
 being a member of the inferior court, may 
 not preside when a judicial case is being 
 heard to which his court is a party. 
 
 § 468. A memorial or petition cannot 
 bring a case before a superior judicatory 
 for judicial hearing. — 31. G. A. 1807, p. 
 393; 1808, p. 408. 
 
 § 469. A judicial case, when once adju- 
 dicated, cannot be revived on a simple me- 
 morial, as this course would give rise to 
 endless litigation.— If. 0. S. G.A. 1858, 
 p. 298. 
 
MODERATOR AND STATED CLERK. 217 
 
 CHAPTER XXIV. 
 
 PARLIAMENTARY RULES. 
 PART I. 
 
 Moderator and Stated Clerk, duties of. 
 
 § 470. The General Assembly have 
 adopted certain rules for their guidance, 
 which necessarily form the basis of the 
 following parliamentary rules in reference 
 to all points to which they relate. 
 
 §471. While the rules of the General 
 Assembly make no part of the Constitution 
 of the Presbyterian Church, they have been 
 generally adopted by the subordinate ju- 
 dicatories for their guidance. 
 
 § 472. The moderator shall take the 
 chair precisely at the hour to which the 
 judicatory stands adjourned, and shall im- 
 mediately call the members to order, and 
 on the appearance of a quorum, shall open 
 the session with prayer. — G. A. Rule 1. 
 
218 MANUAL OP LAW AND USAGE. 
 
 § 473. If a quorum be assembled at the 
 hour appointed, and the moderator be ab- 
 sent, the last moderator present, or if there 
 be none the senior member present, shall 
 be requested to take his place, without de- 
 lay, until a new election. — G. A. Rule 2. 
 
 § 474. No business can be entered upon 
 in the absence of a quorum; and if at any 
 time, in the course of the proceedings, no- 
 tice is taken that a quorum is not present, 
 and upon the members being counted by 
 the moderator such appears to be the 
 fact, the judicatory must cease to transact 
 business until a quorum appears. 
 
 § 475. If a quorum be not assembled at 
 the hour appointed for the meeting, any 
 two members shall be competent to adjourn 
 from time to time, that an opportunity may 
 be given for a quorum to assemble. — G. A. 
 Rule 3. 
 
 Adjourned Meeting. 
 
 §476. When a judicatory has business 
 before them which cannot reasonably be 
 
THE MODERATOR. 219 
 
 transacted at the time of the meeting, they 
 may hold an " adjourned meeting." A 
 member moves that, ''When we adjourn, 
 
 we adjourn to meet in on the , 
 
 at — o'clock." In an adjourned meeting 
 any business may be transacted that might 
 have been legally considered in the original 
 meeting. 
 
 § 477. The necessary officers of a judi- 
 catory are a moderator, stated clerk, and 
 in the larger judicatories a permanent 
 clerk, and temporary clerk or clerks : all of 
 whom, except the moderator of the Session, 
 are elected by the body itself, by a major- 
 ity vote. 
 
 The Moderator. 
 
 § 478. The principal duties of this officer 
 are as follows : 
 
 (a) To open the session at the time 
 to which the judicatory is adjourned, by 
 taking the chair and calling the mem- 
 bers to order ; 
 
 (b) To receive and submit, . in the 
 
220 MANUAL OF LAW AND USAGE. 
 
 proper manner, all motions and propo- 
 sitions presented by the members ; 
 
 (c) To put to vote all questions which 
 are regularly moved or necessarily arise 
 in the course of the proceedings, and to 
 announce the result ; 
 
 (d) To restrain the members when 
 engaged in debate within the rules oi 
 order, by preventing the members from 
 interrupting each other, and by requir- 
 ing them in speaking always to address 
 the chair ; 
 
 (e) To prevent a speaker from deviat- 
 ing from the subject and from using 
 personal reflections ; 
 
 (/) To receive all messages and other 
 communications and announce them to 
 the judicatory ; 
 
 (g) To authenticate by his signature, 
 when necessary, all acts, orders, and 
 proceedings of the body; 
 
 (h) To inform the judicatory, when 
 necessary, or referred to for the purpose, 
 in a point of order or practice ; 
 
 (i) To keep notes of the several ar- 
 
THE MODERATOR. 221 
 
 tides of business which may be assigned 
 for particular days, and to call them up 
 at the time appointed. — G. A. Rule 5. 
 
 (k) He 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. — G. A. Rule 6. 
 
 (I) He shall appoint all committees, 
 except in those cases in which the judi- 
 catory shall decide otherwise. — G. A. 
 Rule 7. 
 
 (m) When a vote is taken by ballot in 
 any judicatory, the moderator shall vote 
 with the other members ; 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. — G. A. Rule 8. 
 
 § 479. The moderator has the right to 
 name a member to perform the duties of the 
 chair temporarily, but such substitution 
 shall not extend beyond an adjournment. 
 
222 MANUAL OF LAW AND USAGE. 
 
 § 480. The moderator may read sitting, 
 but should rise to state a motion or put 
 a question to the judicatory. 
 
 The Stated Clerk. 
 § 481. It shall be the duty of the clerk, 
 as soon as possible after the commencement 
 of the sessions of every judicatory, to form 
 a complete roll of the members present, 
 and put the same into the hands of the 
 moderator. And it shall also be the duty of 
 the clerk, whenever any additional mem- 
 bers take their seats, to add their names 
 in their proper places to the said roll. — G. 
 A. Rule 10. 
 
 § 482. It shall be the duty of the clerk 
 immediately to file all papers in the order 
 in which they have been read, with proper 
 indorsements, and to keep them in perfect 
 order. — G. A. Bute 11. 
 
 § 483. He must enter on the minutes 
 what is done and passed, but not what is 
 merely proposed or moved, without coming 
 'to a vote. 
 
THE STATED CLERK. 223 
 
 § 484. It is the duty of the clerk to read 
 all papers, &c, which maybe ordered to 
 be read: to call the roll and to take note 
 of those who are absent ; to call the roll 
 and note the answers of the members when 
 a question is taken by yeas and nays ; to 
 notify committees of their appointment and 
 of the business referred to them ; and to 
 authenticate by his signature, sometimes 
 alone and sometimes in conjunction with 
 the moderator, all the acts, orders, and 
 proceedings of the judicatory. 
 
 § 485. The clerk is also charged with the 
 custody of all the papers and documents of 
 every description belonging to 'the judica- 
 tory, as well as the journal of its proceed- 
 ings. 
 
 § 486. It is the duty of the clerk to grant 
 extracts from the records when directed so 
 to do by the judicatory ; and such extracts 
 shall be considered authentic vouchers of 
 the facts which they declare, in any eccle- 
 siastical judicatory and to every part of 
 the Church. 
 
224 MANUAL OF LAW AND USAGE. 
 
 § 487. When the stated clerk is absent, 
 his place must be supplied by the election 
 of some one to act pro tempore. 
 
 § 488. The clerk must stand while read- 
 ing or calling the judicatory. 
 
 § 489. It is the duty of the stated clerk 
 of every church judicatory to prepare a 
 docket of business at each session or meet- 
 ing of the body, and place it in the hands 
 of the moderator, which should be as far 
 as practicable the guide of the presiding 
 officer for the expedition of business. — (See 
 Appendix E for Form of Docket.) 
 
 PART II. 
 
 Introduction of Business. 
 
 § 490. When the hour for the stated 
 meeting of a judicatory, above the Session, 
 arrives, the moderator shall commence 
 religious services and preach a sermon ; 
 and when the religious services are over, 
 
INTRODUCTION OF BUSINESS. 225 
 
 the moderator shall call the judicatory to 
 order, and open with prayer. 
 
 § 491. After which the stated clerk shall 
 call the roll, and mark those who are pres- 
 ent and those who are absent. 
 
 § 492. The next business in order shall 
 be to elect a moderator, and, if necessary, 
 temporary clerks. 
 
 § 493. The minutes of the last meeting 
 of the judicatory shall be presented at the 
 commencement of its sessions, and if req- 
 uisite read and corrected. — G. A. Rule 12. 
 
 § 494. "Where the minutes are published, 
 as is the case in our larger judicatories, 
 it saves time and expedites business to cir- 
 culate copies of them among the members, 
 or refer them to a committee. An error dis- 
 covered may be reported and corrected. 
 
 § 495. Business unfinished at the last 
 sitting is ordinarily to be taken up first.— 
 G. A. Rule 13. 
 
 15 
 
226 MANUAL OF LAW AND USAGE. 
 
 Of Motions. 
 
 § 496. A motion made must be seconded, 
 and afterwards 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.—G. A. Rule 14. 
 
 § 497. A member, in order to make any 
 motion, must first obtain the floor. In 
 order to this he must rise and address the 
 moderator; on hearing himself thus ad- 
 dressed, the moderator calls to the mem- 
 ber by name; and the member may then, 
 and not before, proceed with his business. 
 
 § 498. If a motion is not seconded, no 
 notice whatever is to be taken of it by the 
 moderator, and no remarks are to be made 
 upon it. 
 
 § 499. 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. — G. A. Rule 29. 
 
PETITIONS OR MEMORIALS. 22 7 
 
 § 500. Any member who 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 the leave of the 
 judicatory. — G. A. Rule 15. 
 
 Petitions or Memorials. 
 
 § 501. A petition prays something : a re- 
 monstrance has no prayer. Petitions must 
 be subscribed by the petitioners. Petitions 
 can only be introduced by the moderator 
 or some member of the judicatory. 
 
 §502. A brief statement of the contents 
 of the petition or memorial should be made 
 by the introducer. 
 
 § 503. Regularly, a motion for receiving 
 it must be made and seconded, and a ques- 
 tion put whether it shall be received. 
 But it may be received without the formal- 
 ity of a vote by general consent. When 
 received, it is in the possession of the judi- 
 catory, to do as they will with it. 
 
228 MANUAL OP LAW AND USAGE. 
 
 Order of Debate. 
 
 § 504. When a member means to speak, 
 he must rise and address himself to the 
 moderator, who calls him by name, that 
 the judicatory may take notice who it is 
 that speaks, and he shall confine himself 
 to the question and avoid personality. 
 
 § 505. No member can speak more than 
 twice on any question. But he may be per- 
 mitted to speak again to clear a matter of 
 fact, or merely to explain himself in some 
 material part of his speech. 
 
 § 506. Motions to lay on the table, to 
 take up business, to adjourn, and the call 
 for the previous question, shall be put with- 
 out debate. On questions of order, post- 
 ponement, 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 — G. A. Rule 18. 
 
 ♦ 
 
 § 507. A member, having spoken twice 
 
ORDER OF DEBATE. 229 
 
 on the main question, may speak again on 
 any amendment of the question. 
 
 § 508. On questions of order, postpone- 
 ent, or commitment 
 speak more than once. 
 
 ment, or commitment, no member shall 
 
 § 509. When a question of order is rais- 
 ed, it is decided by the moderator without 
 any previous debate. If the decision of the 
 moderator is not satisfactory, any two mem- 
 bers may appeal from the decision. The 
 question is then stated by the moderator 
 on the appeal, viz : "Shall the decision of 
 the moderator stand as the decision of the 
 judicatory?" and it is thereupon debated 
 and decided by the judicatory in the same 
 manner as any other question, except that 
 the moderator is allowed to take part in the 
 •debate. — Cushing, and G. A. Bale 6. 
 
 § 510. But when the body has under con- 
 sideration a judicial case, the question on 
 appeal shall be taken without debate. — B. 
 D. ch. iv, par. xxii. 
 
230 MANUAL OF LAW AND USAGE. , 
 
 § 511. When a member considers himself 
 aggrieved by a decision of the moderator 
 and appeals, the question in this case must 
 be taken without debate. — G. A. Rule 36. 
 
 § 512. When the moderator has com- 
 menced taking the vote, no further debate 
 or remark shall be admitted, unless there 
 has evidently been a mistake, in which 
 case the mistake shall be rectified, and the 
 moderator shall recommence taking the 
 vote.— G. A. Rule 26. 
 
 § 513. A question of order arising while 
 taking a vote as to the right or the duty of 
 a member to vote, &c, the moderator must 
 decide it peremptorily, subject to the revis- 
 ion and correction of the house afterward, 
 if irregular. — Jefferson. 
 
 PART III. 
 
 Rights and Duties of Members of Courts. 
 
 § 514. Every member of a judicatory, 
 whether minister or elder, however hum- 
 
DUTIES OF MEMBERS. 231 
 
 ble he may be, has the same right with 
 every other to submit his propositions to 
 the body, to explain and recommend them 
 in discussion, and to have them examined 
 and deliberately decided upon. 
 
 § 515. No speaker shall be interrupted 
 unless he be out of order, or for the pur- 
 pose of correcting mistakes or misrepre- 
 sentations. — G. A. Hule32. 
 
 § 516. If any member consider himself 
 aggrieved by a decision of the moderator, 
 it shall be his privilege to appeal to the 
 judicatory, and the question on the appeal 
 shall be taken without debate. — G. A. Rule 
 36. 
 
 Note. — This rule has reference to a decision which 
 affects the rights or privileges of a member, and not to 
 a decision on questions of order. — (See \ 509.) 
 
 Duties of Members. 
 
 § 517. Members ought not, without 
 weighty reasons, to decline voting, as this 
 practice might leave the decision of very 
 interesting questions to a small proportion 
 
232 MANUAL OF LAW AND USAGE. 
 
 of the judicatory. Silent members, unless 
 excused from voting, must be considered 
 as acquiescing with the majority. — G. A. 
 Bide 25. 
 
 § 518. No - member, in the course of de- 
 bate, shall be allowed to indulge in per- 
 sonal reflections. — G. A. Rule 28. 
 
 § 519. Every member, when speaking, 
 shall address himself to the moderator, 
 and shall treat his fellow members, and 
 especially the moderator, with decorum 
 and respect. — G. A. Rule 31. 
 
 § 520. Without express permission, no 
 member of a judicatory, while business is 
 going on, shall engage in private conver- 
 sation ; nor shall members address one 
 another, nor any person present, but 
 through the moderator. — G. A. Rule 33. 
 
 § 521. It is indispensable that members 
 of ecclesiastical judicatories maintain great 
 gravity and dignity while judicially con- 
 vened; that they attend closely in their 
 
DUTIES OF MEMBERS. 233 
 
 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 or- 
 der.— G. A. Rule 34. 
 
 § 522. If any member act, in any re- 
 spect, in a disorderly manner, it shall be 
 the privilege of any member, and the duty 
 of the moderator, to call him to order. — 
 G.A. Rule 35. 
 
 § 523. The consequences of a measure 
 may be reprobated in strong terms, but to 
 arraign the motives of those who propose 
 or advocate it is a personality and against 
 order. 
 
 § 524. When more than three members 
 of the judicatory shall be standing at the 
 same time, the moderator shall require all 
 to take their seats, the person only excepted 
 who may be speaking. — G. A. Rule 30. 
 
 § 525. No member shall retire from any 
 
234 MANUAL OF LAW AND USAGE. 
 
 judicatory without the leave of the mod- 
 erator, nor withdraw from it to return 
 home without the consent of the judica- 
 tory.— G. A. Rule 37. 
 
 Committees. 
 
 § 526. The moderator shall appoint all 
 committees, except in those cases in which 
 the judicatory shall decide otherwise. — G. 
 A. Rule 7. 
 
 § 527. The person first named on any 
 committee shall be considered as the chair- 
 man thereof, whose duty it shall he to con- 
 vene the committee; and, in case of his 
 absence or inability to act, the second 
 named member shall take his place and 
 perform his duties. — G.A. Rule 9. 
 
 § 528. The standing committees are 
 usually announced by the moderator early 
 in the second session, to continue through 
 the sessions. 
 
 § 529. It is sometimes necessary to ap- 
 point a special committee for a specific 
 
COMMITTEES. 235 
 
 purpose, and the judicatory may desire to 
 select the committee. In this case the 
 committee shall be selected by nomination 
 and vote ; the names of the members pro- 
 posed are put to the question singly, and 
 approved or rejected by the judicatory by 
 a vote in the usual manner. 
 
 § 530. The ruling elders must be repre- 
 sented in all committees. 
 
 § 531. It is a general rule in legisla- 
 tive bodies, when a bill is to be referred, 
 that none who speak directly against the 
 body of it are to be of the committee, for 
 the reason that he who would totally de- 
 stroy will not amend; but that, for the 
 opposite reason, those who only take ex- 
 ceptions to some particulars in the bill are 
 to be of the committee. This rule supposes 
 the purpose of the commitment to be, not 
 the consideration of the general merits of 
 the bill, but the amendment of it in its par- 
 ticular provisions, so as to make it accept- 
 able to the assembly. 
 
230 MANUAL OF LAW AND USAGE. 
 
 § 532. It is usual in all deliberative as- 
 semblies to constitute the committee so that 
 a majority are favorable to the measure pro- 
 posed, the mover of the measure being, of 
 course, put upon the committee, and usu- 
 ally as chairman. 
 
 § 533. A committee can only act when 
 regularly assembled together, and not by 
 separate consultation and consent of the 
 members. 
 
 § 534. A minority of a committee may 
 not agree with the majority, and they may 
 present their views and conclusions in what 
 is called a "minority report." 
 
 § 535. A minority report is not recog- 
 nized as a report of the committee, or acted 
 upon as such ; it is received by courtesy, 
 and allowed to accompany the report, as 
 representing the opinions of the minority, 
 and in order to its being adopted by the 
 assembly it must be moved as an amend- 
 ment to the report, when that comes to be 
 considered. 
 
INTERLOCUTORY MEETINGS. 237 
 
 § 536. A committee is not at liberty to 
 sit when the judicatory is in session, with- 
 out permission from the judicatory. 
 
 § 537. If the report of a committee con- 
 tain merely a statement of facts, reasoning, 
 or opinion, the only motion necessary is to 
 accept; but if it contain recommendations 
 or resolutions, it is necessary to accept and 
 adopt. 
 
 Interlocutory Meetings. 
 
 § 538. Besides the right to sit judicially 
 in private whenever they think proper to 
 do so, all judicatories have a right to hold 
 what are commonly called "interlocutory 
 meetings," in which members may freely 
 converse together, without the formalities 
 which are usually necessary in judicial pro- 
 ceedings. — G. A. Rule 39. 
 
 § 539. In order to enter upon an inter- 
 locutory meeting, it is necessary to make a 
 motion for that purpose, which being car- 
 ried in the affirmative, the subject for con- 
 
238 MANUAL OF LAW AND USAGE. 
 
 sideration is freely discussed without any 
 formality. 
 
 § 540. An interlocutory meeting differs 
 from a committee of the whole, in that the 
 moderator may retain the chair, and no re- 
 port of the proceedings is made to the judi- 
 catory in regular session. 
 
 §541. No note is to be taken by the 
 clerk of the proceedings of an interlocu- 
 tory meeting, as no business which prop- 
 erly belongs to the judicatory can be put 
 in such meeting on its final passage. 
 
 § 542. When an interlocutory meeting 
 have gone through with the matter under 
 consideration, a member moves that the 
 meeting rise, which being resolved, the ju- 
 dicatory resumes business in the ordinary 
 manner. 
 
 § 543. All judicatories have the right to 
 sit in private on business which in their 
 judgment ought not to be matter of public 
 speculation. — G. A. Bute 38. 
 
PRIVILEGED QUESTIONS. 239 
 
 PART IV. 
 
 Privileged Questions. 
 
 § 544. It is a general rule, that the ques- 
 tion first moved and seconded shall be first 
 put. But this rule gives way to what may- 
 be called privileged questions, and the 
 privileged questions are of different grades 
 among themselves. 
 
 § 545. The privileged questions are, mo- 
 tions to adjourn, for orders of the day, for 
 the previous question, to lay on the table, to 
 postpone, to commit, and to amend. 
 
 § 546. When a question is under debate, 
 no motion shall be received, unless to ad- 
 journ, to lay on the table, to postpone in- 
 definitely, to postpone to a day certain, to 
 commit, or to amend ; which several mo- 
 tions shall have precedence in the order in 
 which they are here arranged, and the mo- 
 tion for adjournment shall always be in 
 order. — G. A. Rule 19. 
 
240 MANUAL OF LAW AND USAGE. 
 
 Filling Blanks. 
 
 § 547. It often happens that a proposition 
 is introduced with blanks, purposely left by 
 the mover or the committee reporting, to be 
 filled by the judicatory. 
 
 § 548. 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. — G.A. Rule 
 17. 
 
 § 549. Propositions to fill blanks either 
 with numbers or times are not considered 
 as amendments, but as original motions, to 
 be made and decided before the principal 
 question. 
 
 Division of a Question. 
 
 § 550. When a proposition or motion is 
 composed of two or more parts, susceptible 
 of division into several questions, and it is 
 supposed that the judicatory may approve 
 
MOTION TO ADJOURN. 241 
 
 of some but not of all these parts, it is 
 proper to divide the motion or report into 
 separate questions, to be voted upon sep- 
 arately. 
 
 § 551. If a motion under debate contain 
 several parts, any two members may have 
 it divided, and a question taken on each 
 part. — G. A. Rule 16. 
 
 §552. A proposition, in order to be di- 
 visible, must comprehend points so distinct 
 and entire, that if one or more of them be 
 taken away, the others may stand entire 
 and by themselves. 
 
 Motion to Adjourn. 
 
 § 553. A motion to adjourn simply takes 
 precedence of all others ; for otherwise the 
 judicatory might be kept sitting against its 
 will, and indefinitely. 
 
 § 554. It is said that a motion to adjourn 
 
 is always in order, but this is not strictly 
 
 true, for — , 
 
 (a) The motion to adjourn being neg- 
 
 16 
 
242 MANUAL OF LAW AND USAGE. 
 
 atived, it cannot be moved again until 
 some other business is proposed or trans- 
 acted. The reason of this is, that until 
 some other proceeding has intervened, 
 the question already decided is the same 
 as that newly moved. 
 
 (b) . It cannot be received after another 
 question is actually put, and while the 
 judicatory is engaged in voting; because 
 no member can obtain the floor to make 
 any motion while a vote is being taken. 
 
 § 555. The motion to adjourn does not 
 admit of any amendment, by the addition 
 of a particular day or in any other man- 
 ner. 
 
 § 556. A motion to adjourn is merely 
 "that we do now adjourn;" and if it is 
 carried in the affirmative the judicatory is 
 adjourned to the next sitting day, unless 
 it has previously come to a resolution that 
 on rising it will adjourn to a particular 
 day ; in which case it is adjourned to that 
 day. 
 
ORDERS OF THE DAY. 243 
 
 Orders of the Day. 
 
 § 557. Orders of the day take the place 
 of all other questions, except for adjourn- 
 ment; that is to say, the question which 
 is the suhject of an order is made a privi- 
 leged one, pro hac vice. The order is a re- 
 peal of the general rule as to this special 
 case. When any member moves, therefore, 
 for the orders of the day to be read, no fur- 
 ther debate is permitted on the question 
 which was before the house ; for if the de- 
 bate might proceed, it might continue 
 through the day, and defeat the order. 
 This motion, to entitle it to precedence, 
 must be for the orders generally, and not 
 for any particular one ; and if it be carried 
 on the question " Whether the house will 
 now proceed to the orders of the day?" 
 they must be read and proceeded on in the 
 course in which they stand. For priority 
 of order gives priority of right, which can- 
 not be taken away but by another special 
 order. 
 
 § 558. If the consideration of a subject is 
 
244 MANUAL OF LAW AND USAGE. 
 
 assigned for a particular hour on the day 
 named, a motion to proceed to it is not a 
 privileged motion until the hour has ar- 
 rived; hut if no hour is fixed, the order is 
 for the entire day and every part of it. 
 
 $ 559. Orders of the day, unless proceed- 
 ed in and disposed of on the day assigned, 
 fall, of course, and must be renewed for 
 some other day. 
 
 The Previous Question. 
 
 § 560. The original parliamentary use of 
 the previous question was the suppression 
 of a main question ; hut in this country it 
 is used for the suppression of debate. 
 
 § 561. When any question is before the 
 judicatory, any member may move the pre- 
 vious question. If it pass in the affirmative, 
 then the main question is to be put imme- 
 diately, and no man may speak any further 
 to it, either to add or alter. 
 
 § 562. The previous question shall be 
 put in this form, namely : ' ' Shall the main 
 
TO LAY ON THE TABLE. 245 
 
 question be now put? " It shall only be ad- 
 mitted when demanded by a majority of 
 the members present ; and the effect shall 
 be to put an end to all debate, and bring 
 the body to a direct vote : First, on a mo- 
 tion to commit the subject under consider- 
 ation, (if such motion shall have been 
 made;) Secondly, if the motion for com- 
 mitment does not prevail, on pending 
 amendments ; and lastly, on the main ques- 
 tion.— £. A. Rule 22. 
 
 § 563. The operation of a negative decis- 
 ion is different in different assemblies ; in 
 some, as for example in the House of Rep- 
 resentatives of Congress, it operates to dis- 
 pose of the main question, by removing it 
 from before the House for that day ; but in 
 our judicatories the effect is to leave the 
 main question under debate for the residue 
 of the sitting, unless sooner disposed of, by 
 taking the question, or in some other way. 
 
 To Lay on the Table. 
 § 564. A distinction shall be observed 
 
246 MANUAL OP LAW AND USAGE. 
 
 between a motion to lay on the table for 
 the present and a motion to lay on the 
 table unconditionally, viz : a motion to lay 
 on the table for the present shall be taken 
 without debate, and if carried in the affir- 
 mative the effect shall be to place the sub- 
 ject on the docket, and it may be taken up 
 and considered at any subsequent time. 
 But a motion to lay on the table uncondi- 
 tionally shall be taken without debate ; 
 and if carried in the affirmative, it shall 
 not be in order to take up the subject dur- 
 ing the same meeting of the judicatory 
 without a vote of reconsideration. — G. A. 
 
 Rule 21. 
 
 i 
 
 § 565. Any subject laid on the table/or 
 the present may afterward be taken up for 
 consideration by a majority vote. 
 
 § 566. When the motion to lay on the 
 table prevails, the principal motion under 
 consideration, together with all the other 
 motions connected with it, is removed from 
 before the judicatory. 
 
TO POSTPONE. 247 
 
 § 567. If decided in the negative, the 
 business proceeds in the same manner as if 
 the motion had not been made. 
 
 To Postpone. 
 
 § 568. The motion to postpone is either 
 indefinite or to a day certain, and in both 
 these forms is susceptible of amendment. 
 
 § 569. A motion for indefinite postpone- 
 ment may be amended to a day certain. 
 
 § 570. A motion for a postponement to a 
 day certain may be amended by the sub- 
 stitution Of a different day. 
 
 § 571. Amendment and postponement 
 competing, postponement is first put. The 
 reason is, that the question for amendment 
 is not suppressed by postponing the main 
 question, but remains before the house 
 whenever the main question is resumed. 
 
 § 572. A subject which has been indefi- 
 nitely postponed, either by the operation 
 
248 MANUAL OF LAW AND USAGE. 
 
 of tlie previous question or by a motion for 
 indefinite postponement, shall not be again 
 called up during the same sessions of the 
 judicatory, unless by the consent of three- 
 fourths of the members who were present 
 at the decision. — G. A. Bute 24. 
 
 To Commit. 
 
 § 573. A motion. to commit or recommit 
 may be amended, as by adding, for exam- 
 ple, "with instructions," &c. 
 
 § 574. If there is a standing committee 
 of the judicatory whose functions embrace 
 the subject in question, the motion should 
 be to refer it to that committee; if there is 
 no such committee, then the motion should 
 be to refer to a select committee. 
 
 § 575. The motion to commit stands in 
 the same degree with the previous ques- 
 tion and postponement, and if first made 
 is not superseded by them, but it takes 
 precedence of a motion to amend. 
 
TO AMEND. 249 
 
 § 576. On a motion to amend a question, 
 any one may, notwithstanding, move to 
 commit it, and the motion for commitment 
 shall he first put. 
 
 To Amend. 
 
 § 577. When a proposition consists of 
 several sections, paragraphs, or resolu- 
 tions, the natural order of considering and 
 amending it is to begin at the beginning 
 and to proceed through it in course by 
 paragraphs. But if the proposition has a 
 preamble, the preamble must be considered 
 last. The reason is, that on the consider- 
 ation of the body of a proposition such. al- 
 terations may therein be made as may also 
 occasion the alteration of the preamble. 
 
 § 578. As an amendment must necessa- 
 rily be put to the question before the prin- 
 cipal motion, so the question must be put 
 on an amendment to an amendment before 
 it be put on the amendment. 
 
 § 579. An amendment and also an 
 
250 MANUAL OF LAW AND USAGE. 
 
 amendment to an amendment may be 
 moved on any motion; but a motion to 
 amend an amendment to an amendment 
 shall not be in order. Action on amend- 
 ments shall precede action on the original 
 motion. — G. A. Rule 20. 
 
 § 580. If an amendment be proposed in- 
 consistent with one already agreed to, it is 
 a fit ground for its rejection by the judica- 
 tory ; but not within the competence of the 
 moderator to suppress, as if it were against 
 order. For, were he permitted to draw 
 questions of consistence within the vortex 
 of order, he might usurp a negative on im- 
 portant modifications, and suppress instead 
 of subserving the will of the judicatory. 
 
 . Amendments by Striking Out. 
 
 [Cushing gives the following rules con- 
 cerning amendments, which are substan- 
 tially the same as Jefferson's, though very 
 much simplified:] 
 
 § 581. If an amendment is proposed by 
 striking out a particular paragraph or cer- 
 
AMENDMENTS BY STRIKING OUT. 251 
 
 tain words, and the amendment is rejected, 
 it cannot be again moved to strike out the 
 same words or a part of them ; but it may 
 be moved to strike out the same words with 
 others, or to strike out a part of the same 
 words with others, provided the coherence 
 to be struck out be so substantial as to make 
 these, in fact, different propositions from 
 the former. Thus, if a proposition consists 
 of A B C D,. and it is moved to strike 
 out B C — if this amendment is rejected it 
 cannot be moved again ; but it may be 
 moved to strike out A B, or A B C, or 
 BCD, or CD. ♦ 
 
 § 582. If an amendment by striking out 
 is agreed to, it cannot be afterwards moved 
 to insert the same words struck out or part 
 of them ; but it may be moved to insert the 
 same words with others, or a part of the 
 same words with others, provided the co- 
 herence to be inserted make these proposi- 
 tions substantially different from the first. 
 
 § 583. Thus, if the proposition A B C D 
 
252 MANUAL OF LAW AND USAGE. 
 
 is amended by striking out B C, it cannot 
 "be moved to insert B C again ; but it may 
 be moved to insert B C with other words, 
 or B with others, or C with others. 
 
 § 584. When it is proposed to amend by 
 striking out a particular paragraph, it may 
 be moved to amend this amendment in 
 three different ways, namely: either by 
 striking out a part only of the paragraph, 
 or by inserting or adding words, or by 
 striking out and inserting. ' 
 
 §•585. Thus, if it is moved to amend the 
 proposition A B C D by striking out B C, 
 it may be moved to amend this amend- 
 ment by striking out B only, or C only, or 
 by inserting E, or by striking out B or C 
 and inserting E. 
 
 § 586. When it is moved to amend by 
 striking out certain words and inserting 
 others, the manner of stating the question 
 is, first to read the whole passage to be 
 amended as it stands at present ; then the 
 
AMENDMENTS BY INSERTING. 253 
 
 words proposed to be struck out ; next those 
 to be inserted ; and lastly the whole pas- 
 sage, as it will be when amended. And the 
 question, if desired, is then to be divided, 
 and put first on striking out. If carried, 
 it is next on inserting the words proposed. 
 If this be lost, it may be moved to insert 
 others . — Jefferson. 
 
 Amendments by Inserting. 
 
 § 587. If an amendment is proposed by 
 inserting or adding a paragraph or words, 
 and the amendment is rejected, it cannot 
 be moved again to insert the same words 
 or a part of them ; but it may be moved to 
 insert the same words with others, or a part 
 of the same words with others, provided the 
 coherence really make them different prop- 
 ositions. 
 
 § 588. Thus, if it is moved to amend the 
 proposition A B by inserting C D, and the 
 amendment is rejected, C D cannot be again 
 moved ; but it may be moved to insert C E, 
 or D E, or C D E. 
 
254 MANUAL OF LAW AND USAGE. 
 
 § 589. If it is proposed to amend" by in- 
 serting a paragraph, and the amendment 
 prevails, it cannot be afterwards moved to 
 strike out the words or a part of them ; but 
 it may be moved to strike out the same 
 words with others, or a part of the same 
 words with others, provided the coherence 
 be such as to make these propositions really 
 different from the first. Thus, if in the 
 example above supposed the amendment 
 prevails and C D is inserted, it cannot be 
 afterwards moved to strike out C D, but it 
 may be moved to strike out A C, or A C D, 
 or D B, or C D B. 
 
 § 590. When it is proposed to amend by 
 inserting a paragraph, this amendment 
 may be amended in three different ways, 
 namely: either by striking out apart of 
 the paragraph ; or by inserting something 
 into it; or by striking out and inserting. 
 Thus, if it be proposed to amend A B by 
 inserting C D, this amendment may be 
 amended either by striking out C or D, or 
 inserting E, or by striking out C or D and 
 inserting E. 
 
PRIVILEGED QUESTIONS CONFLICTING. 255 
 
 Privileged Questions Conflicting. 
 
 § 591. Suppose a motion for the previous 
 question, for commitment, or for amend- 
 ment of the main question, and that it be 
 then moved to postpone the motion for 
 the previous question, or for commitment 
 or amendment of the main question : (1) 
 It would be absurd to postpone the pre- 
 vious question , commitment, or amendment 
 alone, and thus separate the appendage 
 from its principal. (2) This is a piling of 
 questions one on another. (3) The same 
 result may be had more simply by voting 
 against the previous question, commit- 
 ment, or amendment. 
 
 § 592. Suppose a commitment moved of 
 
 a motion for the previous question, or to 
 
 postpone, or amend. The 1st, 2d, and 3d 
 
 , reasons, just stated, all hold good against 
 
 this. 
 
 § 593. Suppose an amendment moved to 
 a motion for the previous question : An- 
 swer, the previous question cannot be 
 
256 MANUAL OF LAW AND USAGE. 
 
 amended. Parliamentary usage, as well 
 as the 22d Kule of the Assembly, has fixed 
 its form to be, Shall the main question be 
 now put? i. e., at this instant. And as 
 the present instant is but one, it can admit 
 of no modification. To change it to to- 
 morrow or any other moment is without 
 example. 
 
 PART V. 
 
 Question. 
 
 § 594. When the debate on any question 
 or motion appears to be brought to a close, 
 the moderator then inquires, Are you ready 
 for the question ? and if no person rise, 
 the question is then stated, and the votes 
 of the judicatory taken upon it. 
 
 § 595. The question being stated by the 
 moderator, he first puts the affirmative, 
 namely : As many as are in favor, &c.,say 
 aye ; then the negative, as many as are op- 
 posed, say no. 
 
QUESTION. 257 
 
 § 596. If the moderator is doubtful as to 
 the result, he may put the question a second 
 time; and if still unable to decide, or, if 
 having decided according to his judgment, 
 any member may call for a division. 
 
 § 597. When a division is called for, the 
 moderator shall put the question thus : 
 As many as are in favor, dtc., tuill rise and 
 stand till you are counted; and the nega- 
 tive shall be taken in like manner. 
 
 § 598. There is another mode of taking 
 the question, viz, by yeas and nays. The 
 object of this mode is to have every mem- 
 •ber's name recorded on the side on which 
 he voted, as part of the history. 
 
 § 599. The yeas and nays on any ques- 
 tion shall not be recorded unless required 
 by one-third of the members present. — 
 G. A. Rule 27. 
 
 § 600. The meaning of this rule is, that 
 it requires one-third of the members pres- 
 17 
 
258 MANUAL OF LAW AND USAGE. 
 
 ent to order the yeas and nays ; not a vote 
 of one-third to record them after they have 
 been taken ; for when ordered, they must 
 be recorded, as a part of the history of the 
 transaction. 
 
 § 601. In order to take a question in this 
 manner, the moderator puts the question 
 thus : As many as are in favor, dec. , when 
 your names are called will answer, yea ; as 
 many as are opposed will answer, nay. 
 
 § 602. The clerk immediately commences 
 to call the roll, and notes the answers op- 
 posite each name. The names having 
 been thus called, the clerk counts the num- 
 bers on each side, and reports them to the 
 moderator, who declares the result to the 
 judicatory. 
 
 Coexisting Questions. 
 
 § 603. It may be asked whether the 
 house can be in possession of two motions 
 or propositions at the same time? so that, 
 one of them being decided, the other goes 
 
EQUIVALENT QUESTIONS. 259 
 
 to question without being moved anew? 
 The answer must be special. When a 
 question is interrupted by a vote of ad- 
 journment, it is thereby removed from be- 
 fore the house, and does not stand ipso 
 facto before them at their next session, but 
 must come forward' in the usual way ; so, 
 when it is interrupted by the order of the 
 day. Such other privileged questions 
 (e.g., the previous question, the postpone- 
 ment or commitment) remove it from be- 
 fore the house. But it is only suspended 
 by a motion to amend, to withdraw, to 
 read papers, or by the question of order or 
 privilege, and stands again before the 
 house when these are decided. None but 
 the class of privileged questions can be 
 brought forward while there . is another 
 question before the house; the rule being, 
 that when a motion has been made and 
 seconded, no other can be received except it 
 be a privileged one. 
 
 Equivalent Questions. 
 § 604. Where questions are perfectly 
 
260' MANUAL OF LAW AND USAGE. 
 
 equivalent, so that the negative of the one 
 amounts to the affirmative of the other, 
 and leaves no other alternative, the de- 
 cision of the one concludes necessarily the 
 other. Thus the negative of striking out 
 amounts to the affirmative of agreeing; 
 and, therefore, to put a question on agree- 
 ing after that on striking out, would he to 
 put the same question, in effect, twice over. 
 
 Reconsideration. 
 
 § 605. A question shall not be again 
 called up or reconsidered at the same ses- 
 sions of the judicatory at which it has been 
 decided, unless by the consent of two-thirds 
 of the members who were present at the 
 decision, and unless the motion to recon- 
 sider be made and seconded by persons 
 who voted with the majority. — G.A. Bute 
 23. 
 
 § 606. If a motion to reconsider prevail, 
 the question stands before the judicatory 
 in precisely the same state and condition 
 as if the vote reconsidered had never been 
 
RECONSIDERATION. 261 
 
 passed. Thus, if an amendment by in- 
 serting words is moved and rejected, the 
 same amendment cannot be moved again ; 
 but the judicatory may reconsider the vote 
 by which it was rejected, and then the ques- 
 tion will recur on the amendment, as if the 
 former vote had never been passed. 
 
262 MANUAL OF LAW AND USAGE. 
 
 CHAPTER XXV. 
 
 BAPTISM OF INFANTS AND ADULTS. 
 
 § 607. The following is the chapter in 
 the Directory for Worship on the adminis- 
 tration of baptism, viz: 
 
 Baptism is not to be unnecessarily delayed; nor to 
 be administered, in any case, by any private person; 
 but by a minister of Christ, called to be the steward of 
 the mysteries of God. 
 
 It is usually to be administered in the church, in the 
 presence of the congregation; and it is convenient that 
 it be performed immediately after sermon. 
 
 After previous notice is given to the minister, the 
 child to be baptized is to be presented by one or both 
 the parents, signifying their desire that the child may 
 be baptized. 
 
 Before baptism, let the minister use some words of 
 instruction, respecting the institution, nature, use, and 
 ends of this ordinance, showing, that it is instituted by 
 Christ ; that it is a seal of the righteousness of faith ; that 
 the seed of .the faithful have no less right to this ordi- 
 nance under the gospel, than the seed of Abraham 
 to circumcision under the Old Testament; that Christ 
 commanded all nations to be baptized; that he blessed 
 little children, declaring that of such is the kingdom of 
 
BAPTISM OF INFANTS AND ADULTS. 263 
 
 heaven; that children are federally holy, and therefore 
 ought to be baptized; that we are by nature sinful, 
 guilty, and polluted, and have need of cleansing by the 
 blood of Christ, and by the sanctifying influences of 
 the Spirit of God. 
 
 The minister is also to exhort the parents to the care- 
 ful performance of their duty ; requiring that they teach 
 the child to read the word of God; that they instruct 
 it in the principles of our holy religion, as contained in 
 the Scriptures of the Old and New Testaments, an ex- 
 cellent summary of which we have in the Confession of 
 Faith in this Church, and in the Larger and Shorter 
 Catechisms of the Westminster Assembly, which are to 
 be recommended to them, as adopted by this Church, 
 for their direction and assistance in the discharge of this 
 important duty ; that they pray with and for it; that 
 they set an example of piety and godliness before it; 
 and endeavor, by all the means of God's appointment, 
 to bring up their child in the nurture and admonition 
 of the Lord. 
 
 Then the minister is to pray for a blessing to attend 
 this ordinance; after which, calling the child by its 
 name, he shall say, I baptize thee in the name of the 
 Father, and the Son, and of the Holy Ghost. As he 
 pronounces these words, he is to baptize the child with 
 .water, by pouring or sprinkling it on the face of the 
 child, without adding any other ceremony; and the 
 whole shall be concluded with praj^er. 
 
 Although it is proper that baptism be administered 
 in the presence of the congregation, yet there may be 
 cases when it will be expedient to administer this ordi- 
 
264 MANUAL OF LAW AND USAGE. 
 
 nance in private' houses, of which the minister is to be 
 the judge. 
 
 § 608. The following form of baptism, 
 abbreviated, is taken from the Common 
 Prayer Book, as amended in 1661 by the 
 Westminster divines: 
 
 \ Parents with their children in front of the altar.] 
 Hear the words of the gospel written by St. Mark, 
 in the tenth chapter, at the thirteenth verse: 
 
 "They brought young children to Christ, that he 
 should touch them; and his disciples rebuked those 
 that brought them. But when Jesus saw it, he was 
 much displeased, and said unto them: Suffer the little 
 children to come unto me, and forbid them not; for of 
 such is the kingdom of God. Verily I say unto you, 
 whosoever shall not receive the kingdom of God as a 
 little child, he shall not enter therein. And he took 
 them up in his arm3, put his hands upon them, and 
 blessed them." 
 
 Forasmuch as all men are conceived and born in sin, 
 and our Saviour saith : " None can enter into the kingdom 
 of God, except he be born anew of water and of the 
 Holy Ghost;" I beseech you to call upon God the 
 Father, through our Lord Jesus Christ, that of his 
 bounteous mercy he will grant to these children that 
 thing which by nature they cannot have; that they 
 may be baptized with water and the Holy Ghost, and 
 received into Christ's holy church, and become living 
 members of the same. 
 
BAPTISM OF INFANTS AND ADULTS. 265 
 
 Prayer. 
 Almighty and everlasting God, our heavenl)' Father, 
 we give thee humble thanks that thou hast vouchsafed 
 to call us to the knowledge of thy grace and faith in 
 thee: increase this knowledge and confirm this faith in 
 us evermore. Give thy Holy Spirit to these infants, 
 that they may be born again, and be made heirs of ever- 
 lasting salvation, through our Lord Jesus Christ, who 
 liveth and reigneth with thee and the Holy Spirit now 
 and forever : Amen. 
 
 Address to the Parents. 
 
 Dearly beloved; ye have brought these children here 
 to be baptized ; ye have prayed that our Lord Jesus 
 Christ would vouchsafe to receive them, to release them 
 from sin, to sanctify them with the Holy Ghost, to 
 give them the kingdom of heaven and everlasting life. 
 Our Lord Jesus Christ hath promised in his gospel to 
 grant all these things that ye have prayed for, which 
 promise he, for his part, will most surely keep and 
 perform. Wherefore, after this promise made by Christ, 
 ye must also faithfully, for your part, in the presence 
 of this congregation, promise and answer to these ques- 
 tions: 
 
 Minister. Will you have this child baptized in the 
 faith of this church ? 
 
 Answer. That is my desire. 
 
 Min. Will you then teach this child the word of God 
 as contained in the Scriptures of the Old and New Test- 
 aments? and will you pray with and for him, set a godly 
 example before him, and endeavor by all the means ol 
 
266 MANUAL OF LAW AND USAGE. 
 
 God's appointment to bring up this child in the nurture 
 and admonition of the Lord? 
 Ans. I will by God's help. 
 
 Then, receiving the name, he will say — 
 
 I baptize thee, N , in the name of the Father, and 
 
 of the Son, and of the Holy Ghost: Amen. 
 
 Then the minister may soy — 
 
 We receive this child into the congregation of Christ's 
 flock, among his chosen followers, in token that here- 
 after he shall not be ashamed to confess the faith of 
 Christ crucified, and manfully to fight under his ban- 
 ner, and continue Christ's faithful soldier and servant 
 unto his life's end: Amen. 
 
 And this — 
 
 Forasmuch as these children have been brought into 
 the bosom of the visible church, to be nourished and 
 trained as children of God and heirs of the kingdom of 
 heaven, ye must remember that it is your parts and 
 duties to see that they be taught, so soon as they he able 
 to learn, what a solemn duty and privilege are theirs 
 by virtue of this sacrament, that when they come to the 
 use of reason they may not fall into ingratitude and 
 lose the grace of their baptism, but continue as living 
 members of the body of Christ. And that they may 
 know these things the better, ye shall call upon them to 
 hear sermons; and chiefly ye shall^drovide that they 
 may have the Holy Scriptures, learn the Catechism, 
 and all other things which a christian ought to know 
 and believe to his soul's health; and that these children 
 
BAPTISM OF ADULTS. 267 
 
 may be virtuously brought up to lead a godly and a 
 christian life, remembering always that baptism doth 
 represent unto us our profession, which is to follow the 
 example of our Saviour Christ, and to be made like 
 unto him; that as he died, and rose again for us, so 
 should we who are baptized die from sin and rise again 
 unto righteousness, continually mortifying all our evil 
 and corrupt affections, and daily proceeding in all vir- 
 tue and godliness of living. 
 
 Then shall follow a prayer for the parents and chil- 
 dren, that they may have grace and help from on high 
 to perform their obligations. 
 
 § 609. Baptism of adults. 
 
 [ The candidate standing in front of the altar.] ' 
 Hear the words of the gospel written by St. John, in 
 the third chapter, beginning at the first verse: 
 
 " There was a man of the Pharisees named Nicodemus, 
 a ruler of the Jews. The same came to Jesus by night, 
 and said unto him, Rabbi, we know that thou art a 
 teacher come from God ; for no man can do these mira- 
 cles that thou doest, except God be with him. Jesus 
 answered and said unto him, verily, verily, I say unto 
 thee, except a man be born again he cannot see the 
 kingdom of God. Nicodemus saith unto him, how can 
 a man be born when he is old? Can he enter the second 
 time into his mother's womb and be born? Jesus an- 
 swered, verily, verily, I say unto thee, except a man be 
 born of water and of the Spirit he cannot enter into the 
 kingdom of God. That which is born of the flesh is 
 
268 MANUAL OF LAW AND USAGE. 
 
 flesh, and that which is born of the Spirit is spirit. 
 Marvel not that I say unto thee, ye must be born again. 
 The wind bloweth where itlisteth, and thou hearest the 
 sound thereof, but canst not tell whence it cometh and 
 whither it goeth ; so is every one that is born of the 
 Spirit." 
 
 Prayer. 
 
 Almighty and immortal God, the aid .of all who need, 
 the helper of all who flee to thee for succor, the life of 
 those who believe, and the resurrection of the dead ; 
 we call upon thee for these persons, that they, coming to 
 thy holy baptism, may be cleansed from their sins and , 
 enter into the blessed company of thy faithful children. 
 Receive them, Lord, as thou hast promised by thy 
 well-beloved Son, saying, Ask, and ye shall receive; 
 seek, and ye shall find ; knock, and it shall be opened 
 unto you. So give now unto us who ask ; let us who 
 seek find ; open the gate unto us who knock, that these 
 persons may enjoy the everlasting benediction of the 
 heavenly washing, and may come to the eternal king- 
 dom which thou hast promised by Christ our Lord: 
 Amen. 
 
 Address to the Candidates. 
 
 Well-beloved, who are come hither desiring to be 
 baptized, ye have heard how the congregation hath 
 prayed, that our Lord Jesus Christ would vouchsafe to 
 receive you and bless you, to release you of your sins, 
 to give you the kingdom of heaven and everlasting 
 life. Ye have heard also that our Lord Jesus Christ 
 hath promised in his holy word to grant all those things 
 
BAPTISM OF ADULTS. 269 
 
 that we have prayed for, which promise he, for his part, 
 will most surely keep and perform. 
 
 Wherefore, after this promise made by Christ, ye 
 must also faithfully, for your part, in the presence of 
 this whole congregation, promise and answer to the 
 following questions: 
 
 Question. Dost thou renounce the devil and all his 
 works, the vain pomp and glory of the world, with all 
 covetous desires of the same, and the sinful desires of 
 the flesh, so that thou wilt not follow nor be led by 
 them? 
 
 Answer. I renounce them all ; and, by God's help, 
 will endeavor not to follow nor be led by them. 
 
 Q. Dost thou believe all the articles of the christian 
 faith as held by this church? 
 
 A. I do believe. 
 
 Q. Wilt thou be baptized in this faith ? 
 
 A. That is my desire. 
 
 Q. Wilt thou then obediently keep God's holy will 
 and commandments, and walk in the same all the days 
 of thy life? 
 
 A. I will, by God's help. 
 
 Then the person to be baptized shall kneel, and the 
 minister, calling him by name, will pour or sprinkle 
 water on his head, saying: 
 
 I baptize thee, N , in the name of the Father, and 
 
 of the Son, and of the Holy Ghost: Amen. 
 
 Minister. We receive this person into the congrega- 
 tion of Christ's flock as his chosen follower; and in 
 pledge that hereafter he shall not be ashamed to con- 
 fess the faith of Christ crucified, and manfully to fight 
 
270 MANUAL OF LAW AND USAGE. 
 
 under his banner; and to continue Christ's faithful 
 soldier and servant unto his life's end: Amen. 
 
 Minister. [The congregation standing up.] Foras- 
 much as these persons have promised in your presence 
 to renounce the devil and all his works, to believe in 
 God, and to serve him, ye must remember that it is 
 your part and duty to receive them as members of 
 Christ, with kindly affection and brotherly love, and 
 to walk with them in charity, knowing that whatsoever 
 ye do unto the least of Christ's brethren, even that ye 
 do unto him. And so shall both they and ye together 
 grow in grace and in the knowledge of our Lord Jesus 
 Christ, and live godly, righteously, and soberly in this 
 present world: Amen. 
 
 Minister. [ To the baptized.] And as for you, who 
 have now by baptism put on Christ, it is your part and 
 duty also, being made the children of God and of the 
 light by faith in Jesus Christ, to walk answerably to 
 your christian calling, and as becometh the children of 
 light; remembering always that baptism representeth 
 unto us our profession ; which is, to follow the example 
 of our Saviour Christ, and to be made like unto him; 
 that as he died and rose again for us, so should we, who 
 are baptized, die from sin and rise again unto righteous- 
 ness; continually mortifying all our evil and corrupt 
 affections, and daily proceeding in all virtue and godli- 
 ness of living. 
 
 Then shall the minister offer prayer for grace and 
 help from on high for the newly baptized, that they 
 may be enabled to keep their vows, and be useful mem- 
 bers of the church. 
 
THE LORD ' S SUPPER . 271 
 
 CHAPTER XXVI. 
 
 ADMINISTRATION OF THE LORD'S SUPPER. 
 
 § 610. The following is chapter VIII in 
 the Directory for Worship: 
 
 The communion, or supper of the Lord, is to be cele- 
 brated frequently; but how often may be determined 
 by the minister and eldership of each congregation, as 
 they may judge most for edification. 
 
 The ignorant and scandalous are not to be admitted 
 to the Lord's supper. 
 
 It is proper that public notice should be given to the 
 congregation at least the Sabbath before the adminis- 
 tration of this ordinance, and that either then or on 
 some other day of the week the people be instructed in 
 its nature and a due preparation for it, that all may 
 come in a suitable manner to this holy feast. 
 
 When the sermon is ended, the minister shall show 
 that this is an ordinance of Christ, by reading the words 
 of instruction either from one of the Evangelists or 
 from I Cor., xi chapter, which, as to him may appear 
 expedient, he may explain and apply; that it is to be 
 observed in remembrance of Christ, to show forth his 
 death till he come ; that it is of inestimable benefit, to 
 strengthen his people against sin, to support them 
 under troubles, to encourage and quicken them in duty, 
 
272 MANUAL OF LAW AND USAGE. 
 
 to inspire them with love and zeal, to increase their 
 faith and holy resolution, and to beget peace of con- 
 Bcience and comfortable hopes of eternal life. 
 
 He is to warn the profane, the ignorant, and scanda- 
 lous, and those that secretly indulge themselves in any 
 known sin, not to approach the holy table. On the 
 other hand, he shall invite to this table such as, sensi- 
 ble of their lost and helpless state by sin, depend upon 
 the atonement of Christ for pardon and acceptance with 
 God; such as, being instructed in the gospel doctrine, 
 have a competent knowledge to discern the Lord's body, 
 and such as desire to renounce their sins and are deter- 
 mined to lead a holy and godly life. 
 
 The table on which the elements are placed being 
 decently covered, the bread in convenient dishes, and 
 the wine in cups, and the communicants orderly and 
 gravely sitting around the table, [or in their seats before 
 it,] in the presence of the minister, let him set the ele- 
 ments apart by prayer and thanksgiving. 
 
 The bread and wine being thus set apart by prayer 
 and thanksgiving, the minister is to take the bread, 
 and break it in the yiew of the people, saying, in ex- 
 pressions of this sort: 
 
 Our Lord Jesus Christ, on the same night in which 
 he was betrayed, having taken bread, and blessed, and 
 broken it, gave it to his disciples; as I, ministering in 
 his name, give this bread unto you, saying, [here the 
 bread is to be distributed,] take, eat; this is my body, 
 which is broken for you; this do in remembrance of 
 me. After having given the bread, he shall take the 
 cup and say : 
 
the lord's supper. 273 
 
 After the same manner our Saviour also took the cup, 
 and having given thanks, as hath been done in his 
 name, he gave it to the disciples, saying, .-[while the 
 minister is repeating these words let him give the cup,] 
 This cup is the New Testament in my blood, which is 
 shed for many, for the remission of sins ; drink ye all 
 of it. 
 
 The minister himself is to communicate at such time 
 as may appear to him most convenient. The minister 
 may in a few words put the communicants in mind — 
 
 Of the grace of God in Jesus Christ held forth in 
 this sacrament, and of their obligation to be the 
 Lord's, and may exhort them to walk worthy of the 
 vocation wherewith they are called ; and, as they have 
 professedly received Christ Jesus the Lord, that they 
 may be careful so to walk in him, and to maintain good 
 works. 
 
 It may not be improper for the minister to give a 
 word of exhortation also to those who have been only 
 spectators, reminding them — 
 
 Of their duty ; stating their sin and danger by living 
 in disobedience to Christ, in neglecting this holy ordi- 
 nance, and calling upon them to be earnest in making 
 preparation for attending upon it at the next time of 
 its celebration. 
 
 Then the minister is to pray and give thanks to God — 
 
 For his rich mercy and invaluable goodness vouch- 
 safed to them in that sacred communion ; to implore 
 pardon for the defects of the whole service ; and to pray 
 for the acceptance of their persons and performances ; 
 for the gracious assistance of the Holy Spirit, to enable 
 18 
 
274 MANUAL OF LAW AND USAGE. 
 
 them, as they have received Christ Jesus the Lord, so 
 to walk in him that they may hold fast that which 
 they have received, that no man take their crown ; 
 that their conversation may be as becometh the gospel ; 
 that they may bear about with them continually the 
 dying of the Lord Jesus; that the life also of Jesus may 
 be manifested in their mortal body; that their light 
 may so shine before men, that others, seeing their good 
 works, may glorify their Father who is in heaven. 
 
 The collection for the poor and to defray the expenses 
 of the elements may be made after this, or at such 
 other time as may seem meet -to the eldership. 
 
 Now let a psalm or hymn be sung, and the congre- 
 gation dismissed, with the following or some other gos- 
 pel benediction : 
 
 Now. the God of peace, that brought again from the 
 dead our Lord Jesus, that great shepherd of the sheep, 
 through the blood of the everlasting covenant, make 
 you perfect in every good work to do his will, working 
 in you that which is well pleasing in his sight, through 
 Jesus Christ; to whom be glory for ever and ever: 
 Amen. 
 
 As it has been customary in some parts of our church 
 to observe a fast before the Lord's supper, to have a 
 sermon on Saturday and Monday, and to invite two 
 or three- ministers on such occasions ; and as these 
 seasons have been blessed to many souls, and may tend 
 to keep up a stricter union of ministers and congrega- 
 tions, we think it not improper that they who choose 
 it may continue in this practice. 
 
the lord's supper. 275 
 
 § 611. The following is Chapter IX of 
 the Directory for Worship : 
 
 Children born within the pale of the visible church, 
 and dedicated to God in baptism, are under the inspec- 
 tion and goverumentof the church, and are to be taught 
 to read and repeat the catechism, the apostles' creed, 
 and the Lord's prayer. They are to be taught to pray, 
 to abhor sin, to fear God, and to obey the Lord Jesus 
 Christ. And when they come to years of discretion, 
 if they be free from scandal, appear sober and steady, 
 and to have sufficient knowledge to discern the Lord's 
 body, they ought to be informed it is their duty and 
 their privilege to come to the Lord's supper. 
 
 The years of discretion in young christians cannot be 
 precisely fixed. This must be left to the prudence of 
 the eldership. The officers of the church are the judges 
 of the qualifications of those to be admitted to sealing 
 ordinances, and of the time when it is proper to admit 
 young christians to them. Those who are to be admit- 
 ted to sealing ordinances shall be examined as to their 
 knowledge and piety. 
 
 When unbaptized persons apply for admission into 
 the church, they shall, in ordinary cases, after giving 
 satisfaction with respect to their knowledge and piety, 
 make a public profession of their faith in the presence 
 of the congregation, and thereupon be baptized. 
 
 § 612. Form of admission to the Lord's 
 supper of children baptized and come to 
 
276 MANUAL OF LAW AND USAGE. 
 
 years of discretion, abbreviated from the 
 Book of Common Prayer, as amended in 
 1661 by the Westminster divines: 
 
 [The candidates standing in front of the altar.] 
 
 The Pastor. Let us pray. 
 
 Almighty and everlasting God, "who hast vouch/- 
 8afed to receive these thy servants into thy visible 
 church, and hast made them partakers of thy covenant, 
 strengthen them, we beseech thee, Lord, with the 
 Holy Ghost, the Comforter, and daily increase in them 
 thy manifold gifts of grace: the spirit of 'wisdom and 
 understanding; the spirit of counsel and heavenly 
 strength; the spirit of knowledge and true godliness; 
 and fill them, Lord, with the spirit of thy holy fear, 
 now and foreyer: Amen. 
 
 Pastor. Do you here, in the presence of God and of 
 this congregation, adopt and confess that christian faith 
 wherein ye were baptized? 
 
 Candidate. I do. 
 
 Past. Do ye forsake the devil and all his works, the 
 vain pomp and glory of the world, with all covetous 
 desires of the same, and the sinful desires of the flesh, 
 so that ye will not follow nor be led by them? 
 
 Cand. I forsake them all, and by God's help will 
 endeavor not to follow them nor to be led by them. 
 
 Past. Will ye then obediently keep God's holy will 
 and commandments, and walk in the same all the days 
 of your life? 
 
 Cand. I will, God being my helper. 
 
the lord's supper. 277 
 
 Past. Defend, Lord, this thy child [or these thy ser- 
 vants] with thy heavenly grace, that he may continue 
 thine forever, and daily increase in thy Holy Spirit 
 more and more, until he come unto thy everlasting 
 kingdom: Amen. 
 
 After which they should take their places among the 
 communicants. 
 
 § 613. There should always be a dis- 
 tinction observed in the mode of receiving 
 baptized children and others from the 
 world into the full privileges of the 
 church. (For form of receiving other than 
 the church's baptized children, see Appen- 
 dix.) 
 
278 MANUAL OF LAW AND USAGE. 
 
 CHAPTER XXVII. 
 
 SOLEMNIZATION OF MARRIAGE. 
 
 § 614. The following is Chapter XI of 
 the Directory for Worship: 
 
 Marriage is not a sacrament, nor peculiar to the 
 church of Christ. It is proper that every common- 
 wealth, for the good of society, make laws to regulate 
 marriage, which all citizens are bound to obey. 
 
 Christians ought to marry in the Lord; therefore it 
 is fit that their marriage be solemnized by a lawful 
 minister, that special instruction may be given them, 
 and suitable prayers made, when they enter into this 
 relation. 
 
 Marriage is to be between one man and one woman 
 only; and they are not to be within the degrees of con- 
 sanguinity or affinity prohibited by the word of God. 
 
 The parties ought to be of such years of discretion as 
 to be capable of making their own choice; and if they 
 be under age, or live with their parents, the consent of 
 the parents or others, under whose care they are, ought 
 to be previously obtained and well certified to the min- 
 ister, before he proceeds to solemnize the marriage. 
 
 Parents ought neither to compel their children to 
 marry contrary to their inclinations, nor deny their 
 consent without just and important reasons. 
 
SOLEMNIZATION OF MARRIAGE. 279 
 
 Marriage is of a public nature. The welfare of civil 
 Bociety, the happiness of families, and the credit of re- 
 ligion, are deeply interested in it. Therefore the pur- 
 pose of marriage ought to be sufficiently published a 
 proper time previously to the solemnization of it. It 
 is enjoined on all ministers to be careful that in this 
 matter they neither transgress the laws of God nor the 
 laws of the community ; and, that they may not destroy 
 the peace and comfort of families, they must be properly 
 certified with respect to the parties applying to them, 
 that no just objections lie against their marriage. 
 
 Marriage must always be performed before a compe- 
 tent number of witnesses, and at any time except on a 
 day of publio humiliation. And we advise that it be 
 not on the Lord's day. And the minister is to give a 
 certificate of the marriage when required. 
 
 When the parties present themselves for marriage, 
 the minister is to desire, if there is any person present 
 who knows any lawful reason why these parties may 
 not be joined together in the marriage relation, that 
 they will now make it known, or ever after hold their 
 peace. 
 
 No objections being made, he is then severally to 
 address himself to the parties to be married in the fol- 
 lowing or like words: 
 
 You [the mail] declare in the presence of God, that 
 you do not know any reason, by precontract or other- 
 wise, why you may not lawfully marry this woman. 
 
 Upon his declaring he does not, the minister shall ad- 
 dress himself to the bride in the same or similar terms : 
 
280 MANUAL OF LAW AND USAGE. 
 
 You [the woman] declare in the presence of God, that 
 you do not know any reason, by precontract or other- 
 wise, why you may not lawfully marry this man. 
 
 Upon her declaring she does not, he is to begin with 
 prayer for the presence and blessing of God. 
 
 The minister shall then proceed to give them some 
 instruction from the Scriptures respecting the institu- 
 tion and duties of this state, showing that God hath 
 instituted marriage for the comfort and happiness of 
 mankind, in declaring a man shall forsake his father 
 and mother and cleave unto his wife; and that mar- 
 riage is honorable in all; that he hath appointed vari- 
 ous duties which are incumbent upon those who enter 
 into* this relation: such as a high esteem and mutual 
 love for one another; bearing wiih each other's infirmi- 
 ties and weaknesses, to which human nature is subject 
 in its present lapsed state; to encourage each other 
 under the various ills of life; to comfort one another in 
 sickness; in honesty and industry to provide for each 
 other's temporal support; to pray for and encourage 
 one another in the things which pertain to God%nd to 
 their immortal souls ; and to live together as the heirs 
 of the grace of life. 
 
 Then the minister shall cause the bridegroom and 
 bride to join their hands, and shall pronounce the mar- 
 riage covenant, first to the man, in these words: 
 
 You take this woman, whom you hold by the hand, 
 to be your lawful and married wife; and 3 r ou promise 
 and covenant, in the presence of God and these witness- 
 es, that you will be unto her a loving and faithful hus- 
 band, until you shall be separated by death? 
 
SOLEMNIZATION OP MARRIAGE. 281 
 
 The bridegroom shall express his consent by saying- 
 Yes, I do. 
 
 Then the minister shall address himself to the woman 
 in these words: 
 
 You take this man, whom you hold by the hand, to 
 be your lawful and married husband ; and you promise 
 and covenant, in the presence of God and these witness- 
 es, that you will be unto him a loving, faithful, and 
 obedient wife, until you shall be separated by death? 
 
 The bride shall express her consent by saying — ■ 
 
 Yes, I do. 
 
 Then the minister is to say — 
 
 I pronounoe you husband and wife, according to the 
 ordinance of God: whom therefore God hath joined to- 
 gether let no man put asunder. 
 
 After this the minister may exhort them in a few 
 words to the mutual discharge of their duty. 
 
 Then let him conclude with prayer suitable to the 
 occasion. 
 
 Let the minister keep a proper, register for the names 
 of all persons whom bemarries, and of the time of their 
 marriage, for the perusal of all whom it may concern. 
 
 § 615. The following is a form of sol- 
 emnizing marriage, abbreviated from the 
 Book of Common Prayer, as amended in 
 1G61 by the Westminster divines: 
 
282 MANUAL OF LAW AND USAGE. 
 
 Dearly beloved, we are gathered together here, in the 
 Bight of God and in the face of this company, to join 
 together this man and this woman in matrimony; 
 which is an honorable estate, instituted of God in the 
 time of man's innocency, signifying unto us the mysti- 
 cal union that is betwixt Christ and his church, which 
 excellent estate Christ adorned and beautified with his 
 presence and first miracle that he wrought in Cana of 
 Galilee; and is commended of St. Paul to be honorable 
 among all men; and therefore is not by any to be 
 entered into unadvisedly or lightly, but reverently, 
 discreetly, soberly, and in the fear of God, duly con- 
 sidering the causes for which matrimony was ordained. 
 Into this holy estate these two persons present come 
 now to be joined. Therefore, if any man can show 
 any just cause why they may not lawfully be joined 
 together, let him now speak, or else hereafter forever 
 hold his peace. 
 
 I require and charge you both, as ye will answer at 
 the dreadful day of judgment, when the secrets of all 
 hearts shall be disclosed, that if either of you know 
 any impediment, why ye may not be lawfully joined 
 together in matrimony, ye do now confess it. For 
 be ye well assured, that so many as are coupled to- 
 gether otherwise than as God's word doth allow, are 
 not joined together by God, neither is their matrimony 
 lawful. 
 
 M , wilt thou have this woman to thy wedded 
 
 wife, to live together, after God's ordinance, in the 
 blessed estate of matrimony? Wilt thou love her, 
 comfort her, honor and keep her in sickness' and in 1 
 
SOLEMNIZATION OF MARRIAGE. 283 
 
 health ; and, forsaking all others, keep thee only unto 
 her, so long as ye both shall live? 
 Ansioer. I will. 
 
 N , wilt thou have this man to thy wedded hus- 
 band, to live together, after God's ordinance, in the 
 blessed estate of matrimony? Wilt thou obey him, 
 love, honor, and keep him in sickness and in health ; 
 and, forsaking all others, keep thee only unto him, so 
 long as ye both shall live? 
 
 Answer. I will. 
 
 If they desire to pass a ring, the minister, here tak- 
 ing the ring, may' deliver it to the man, to put it upon 
 the fourth finger of the woman's left hand. And the 
 man, holding the ring there and taught by the minis- 
 ter, may say : 
 
 With this ring I thee wed, and with all my worldly 
 goods I thee endow : In the name of the Father, and 
 of the Son, and of the Holy Ghost: Amen. 
 
 Or the following form : 
 
 Groom. With this ring I thee wed, and to thee plight 
 my troth. 
 
 Bride. And I to thee. 
 
 Then will the minister join their right hands together 
 and say: 
 
 Minister. Those whom God hath joined together let 
 no man put asunder. 
 
 Forasmuch as M and N have consented 
 
 together in holy wedlock, and have witnessed the same 
 
284 MANUAL OF LAW AND USAGE. 
 
 before God and this company, and thereto have given 
 and pledged their troth each to the other, and have 
 declared the same by [giving and receiving a ring and] 
 joining hands, I pronounce that they are man and 
 wife: In the name of the Father, and of the Son, and 
 of the Holy Ghost: Amen. 
 
 The minister will add this blessing: 
 
 God the Father, God the Son, God the Holy Ghost, 
 bless, preserve, and keep you; the Lord mercifully 
 with his favor look upon you, and fill you with all 
 spiritual benediction and grace ; that ye may so live 
 together in this life, that in the world to come ye may 
 have life everlasting: Amen. 
 
 The grace of our Lord Jesus Christ, the love of God, 
 and the communion of the Holy Ghost, be with you 
 all: Amen. 
 
BURIAL OF THE DEAD. 285 
 
 CHAPTER XXVIII. 
 
 BURIAL OF THE DEAD. 
 
 § 616. The following is Chapter XIII of 
 the Directory for Worship: 
 
 When any person departs this life, let the corpse be 
 taken care of in a decent manner, and be kept a proper 
 and sufficient time before interment. 
 
 When the season for the funeral comes, let the dead 
 body be decently attended to the grave and interred. 
 During such solemn occasions, let all who attend con- 
 duct themselves with becoming gravity, and apply 
 themselves to serious meditation or discourse; and the 
 minister, if present, may exhort them to consider the 
 frailty of life, and the importance of being prepared for 
 death and eternity. 
 
 § 617. The following form, abbreviated, 
 is from the Book of Common Prayer, as 
 amended in 1661 by the Westminster di- 
 vines: 
 
 Scripture Headings. 
 "Lord, make me to know mine end, and the measure 
 of my days, what it is ; that I may know how frail I am. 
 For I know that thou wilt bring me to death and to 
 the house appointed for all living. 
 
286 MANUAL OF LAW AND USAGE. 
 
 " There is hope of a tree, if it be cut down, that it will 
 sprout again, and that the tender branch thereof will 
 not cease. Though the root thereof wax old in the earth, 
 and the stock thereof die in the ground; yet through 
 the scent of water it will bud, and bring forth boughs 
 like a plant. But man dieth, and wasteth away: yea. 
 man givelh up the ghost, and where is he? As the 
 waters fail from the sea, and the flood decayeth and 
 drieth up: so man lieth down, and riseth not: till the 
 heavens be no more, they shall not awake, nor be 
 raised out of their sleep. 
 
 " If a man die, shall he live again ? 
 
 " Jesus said unto Martha, I am the resurrection and 
 the life: he that believeth in me, though he were dead, 
 yet shall he live. And whosoever liveth and believeth 
 in me shall never die. 
 
 "The righteous hath hope in his death. Let me die 
 the death of the righteous, and let my last end be like his'. 
 Precious in the sight of the Lord is the death of his 
 saints : the day of their death is better than that of 
 their birth. For we know that if our earthly house 
 of this tabernacle be dissolved, we have a building of 
 God, a house not made with hands, eternal in the 
 heavens. There the wicked cease from troubling and 
 the weary are at rest. And they shall hunger no more, 
 neither thirst any more, neither shall the sun light on 
 them, nor any heat. And there shall be no more death, 
 neither sorrow, nor crying; neither shall there be any 
 more pain; for the former things are passed away. 
 And God shall wipe away all tears from their eyes." 
 
BURIAL OF THE DEAD. 287 
 
 Scriptures for the Consolation of the Bereaved. 
 
 "Thou shalt forget thy misery, and remember it as 
 waters that pass away. Weeping may endure for a 
 night, but joy corneth in the morning. Cast thy bur- 
 den upon the Lord, and he shall sustain thee. He hath 
 not despised nor abhorred the affliction of the afflicted ; 
 neither hath he hid his face from him, but when he 
 cried unto him he heard. Though he cause grief, yet 
 will he have compassion according to the multitude of 
 his mercies. For he doth not afflict willingly, nor 
 grieve the children of men. 
 
 " If ye endure chastening, God dealeth with you as with 
 sons ; for what son is he whom the father chasteneth 
 not? My son, despise not thou the chastening of the 
 Lord, nor faint when thou art rebuked of him; for 
 whom the Lord loveth he chasteneth, and scourgeth 
 every son whom he receiveth. And thou shalt remem- 
 ber all the way which the Lord thy God led thee, to 
 humble thee, and to prove thee, to know what was in 
 thy heart, whether thou wouldst keep his command- 
 ments or no ; that the trial of your faith, being much 
 more precious than of gold that perisheth, though it be 
 tried with fire, might be found unto praise, and honor, 
 and glo%y, at the appearing of Jesus Christ. 
 
 " God hath comforted his people, and will have mercy 
 upon his afflicted. Blessed be God, even the Father of 
 our Lord Jesus Christ, the Father of mercies and the 
 God of all comfort, who comforteth us in all our tribu- 
 lation, that we may be able to comfort them which are 
 in any trouble, by the comfort wherewith we ourselves 
 are comforted of God. He shall deliver thee in six trou- 
 
288 MANUAL OF LAW AND USAGE. 
 
 bles, 3 T ea, in seven there shall no evil touch thee. Wait 
 on the Lord: be of good courage, and he shall strength- 
 en thy heart: wait, I say, on the Lord. 
 
 " Let not your heart be troubled ; ye believe in God, 
 believe also in me. In my Father's house are many 
 mansions. If it were not so, I would have told you. I 
 go to prepare a place for you, that where I am there ye 
 may be also. 
 
 " But I would not have you to be ignorant, brethren, 
 concerning them which are asleop, that ye sorrow not 
 even as others which have no hope. For if we believe 
 that Jesus died and rose again, even so them also which 
 sleep in Jesus will God bring with him." 
 
 At the Funeral of a Child. , 
 
 "And David said, while the child was yet alive I fasted 
 and wept: for I said, who can tell whether God will be 
 gracious to me, that the child may live? But now he 
 is dead, wherefore should I fast? Can I bring him back 
 again? I shall go to him, but he shall not return to 
 me. 
 
 "But Jesus said, suffer little children, and forbid them 
 not, to come unto me, for of such is the kingdom of 
 heaven. It is not the will of your Father which is in 
 heaven that one of these little ones should perish. For 
 I say unto you that in heaven their angels do always 
 behold the face of my Father which is in heaven. 
 
 "0 Lord, our Lord, how excellent is thy name in all 
 the ea^-th. Out of the mouth of babes and sucklings 
 thou hast perfected praise. I 'thank thee, Father, 
 Lord of heaven and earth, because thou hast hid these 
 
BU11IAL OF THE DEAD. 289 
 
 things from the wise and the prudent, and hast revealed 
 them unto babes. Even so, Father, for so it seemed good 
 in thy sight. 
 
 " The Lord gave, and the Lord hath taken away : 
 blessed be the name of the Lord." 
 
 After the. exhortation or address the following pray- 
 ers, or a portion of them, may be offered : 
 Prayer for Resignation. 
 
 O Lord God, our heavenly Father, who alone art the 
 author and the disposer of our life, from whom our spir- 
 its have come, and to whom they shall return: we ac- 
 knowledge thy sovereign power and right both to give 
 and to take away, as seemeth good in thy sight; and 
 we most humbly beseech thee, that unto all thy right- 
 eous dealings we may yield ourselves with due resigna- 
 tion and patience ; being assured that though we under- 
 stand not the mystery of thy ways, yet always in 
 faithfulness, O Lord, dost thou afflict us, and for thy 
 mercy's sake, through Jesus Christ our Lord: Amen. 
 For Bereaved Friends. 
 
 Almighty and most merciful God, the consolation of 
 the sorrowful, and the support of the weary, who dost 
 not willingly grieve or afflict the children of men, look 
 down in tender love and pity, we beseech thee, upon 
 thy bereaved servants, whose joy is turned into mourn- 
 ing, and according to the multitude of thy mercies be 
 pleased to uphold, strengthen, and comfort them, that 
 they may not faint under thy fatherly chastening ; but 
 find in thee their strength and refuge, through Jesus 
 Christ our Lord: Amen. 
 19 
 
290 MANUAL OF LAW AND USAGE. 
 
 For Bereaved Children. 
 Defend, Lord, these bereaved children with thy 
 heavenly grace. Let thy fatherly hand ever be over 
 them; let thy Holy Spirit ever be with them; and so 
 lead them in the knowledge and obedience of thy word, 
 that daily they may increase in thy holy spirit more 
 and more, and in the end obtain everlasting life, through 
 Jesus Christ our Lord : Amen. 
 
 For Bereaved Parents. 
 
 Almighty God, who out of the mouth of babes and 
 sucklings hast ordained strength, and makest even in- 
 fants to glorify thee by their deaths ; comfort these 
 bereaved parents, we beseech thee with thy love and 
 favor, and strengthen them by thy grace, that with 
 submission, faith, and thankful hope, they may yield 
 their offspring to thee, through our Saviour and Lord 
 Jesus Christ: Amen. 
 
 For the Right Use of Affliction. ' 
 God, whose days are without end, and whose mer- 
 cies cannot be numbered, make us, we beseech thee, 
 deeply sensible of the shortness and uncertainty of 
 human life; and let thy Holy Spirit lead us through 
 this vale of misery in holiness and righteousness all the 
 days of our lives, that when we shall have served thee 
 in our generation we may be gathered unto our fathers, 
 having the testimony of a good conscience, in the com- 
 munion of thy church, in the confidence of a certain 
 laith, in the comfort of a reasonable, religious, and 
 holy hope, in favor with thee, our God, and in perfect 
 
BURIAL OF THE DEAD. 29 X 
 
 charity with the world. All which we ask through 
 Jesus Christ our Lord-. Amen. 
 
 The following services are to be rendered at the grave: 
 
 "I am the resurrection and the life, saith the Lord. 
 He that believeth in me, though he were dead, yet 
 shall he live ; and whosoever liveth and believeth in 
 me shall never die. 
 
 " I know that my Redeemer liveth, and that he shall 
 stand at the latter day upon the earth. And though 
 after my skin worms destroy this body, yet in my flesh 
 shall I see God, whom I shall see for myself, and mine 
 eyes shall behold, and not another." 
 
 Forasmuch as it hath pleased Almighty God to take 
 out of this world the soul of his servant departed, we 
 therefore commit his body to the ground: earth to earth, 
 ashes to ashes, dust to dust; looking for the general res- 
 urrection in the last day, and the life of the world to 
 come, through our Lord Jesus Christ, at whose second 
 coming in glorious majesty to judge the world the earth 
 and the sea shall give up their dead, and the corrupti- 
 ble bodies of those who sleep in him shall be changed 
 and made like unto his own glorious body, according 
 to the mighty working whereby he is able to subdue 
 all things unto himself. 
 
 " I heard a voice from heaven, saying unto me, Write, 
 Blessed are the dead which die in the Lord from hence- 
 forth: Yea, saith the Spirit, that they may rest from 
 their labors; and their works do follow them." 
 
 Prayer. 
 merciful God, the Father of our Lord Jesus Christ. 
 
292 MANUAL OF LAW AND USAGE. 
 
 who is the resurrection and the life; in whom whosoever 
 believeth shall live, though he die ; and whosoever liv- 
 eth and believeth in him shall not die eternally ; who 
 also hath taught us, by his holy Apostle St. Paul, not 
 to be sorry, as men without hope, for those who sleep 
 in him ; we humbly beseech thee, O Father, to raise us 
 from the death of sin unto the life of righteousness; 
 that when we shall depart this life, we may rest in 
 him ; and that at the general resurrection in the last 
 day we may be found acceptable in thy sight, and re- 
 ceive that blessing which thy well-beloved Son shall 
 then pronounce to all who love and fear thee, saying, 
 Come, ye blessed children of my Father, receive the 
 kingdom prepared for you from the beginning of the 
 world. Grant this, we beseech thee, merciful Father, 
 through Jesus Christ our Mediator and Redeemer: 
 Amen. 
 
 The grace of our Lord Jesus Christ, and the love of 
 God, and the communion of the Holy Ghost, be with 
 us all evermore: Amen. 
 
MISCELLANEOUS. 293 
 
 CHAPTER XXIX. 
 
 MISCELLANEOUS. 
 
 § 618. The aim of the Sustentation 
 Scheme is to make the minimum of salary 
 in the full pastoral charges $1,000 per an- 
 num. 
 
 §619. Only those churches shall be, at 
 present, entitled to aid from the Sustenta- 
 tion Fund who are paying the pastor an 
 average of $7.30 per annum for each mem- 
 ber. 
 
 § 620. The various Boards of the Church 
 have prepared blank forms for application 
 to them for aid. To these forms they 
 strictly adhere. 
 
 § 621. In the statistical report to Pres- 
 bytery the church Session will include un- 
 der — 
 
 (a) Home Missions, all moneys collect- 
 ed for the purpose, whether for the board 
 
294 MANUAL OF LAW AND USAGE. 
 
 or for any home missionary operation, 
 including mission schools ; carried on 
 in connection with the Presbyterian 
 Church. 
 
 (b) Foreign Missions, all contributions 
 for the spread of the gospel in foreign 
 lands. 
 
 (c) Education, all that is given for the 
 education of candidates for the ministry, 
 whether to the Board or otherwise ; for 
 theological seminaries, Presbyterian col- 
 leges, academies, and parochial schools. 
 
 (d) Publication, all moneys contrib- 
 uted to the Board, and for synodical 
 and presbyterial depositories and col- 
 portage. 
 
 (e) Church Erection, all contributions 
 for church erection, outside of the congre- 
 gation, whether through the Board or 
 otherwise. 
 
 (/) Belief Fund, all moneys contrib- 
 uted for the support of disabled minis- 
 ters and to aid the families of deceased 
 ministers. 
 
 (g) Freedmen, all moneys contributed 
 
MISCELLANEOUS. 295 
 
 to the evangelization and education of 
 freedmen, whether through the Board 01 
 otherwise. 
 
 (A) Commissioners' Fund, as at pres- 
 ent. 
 
 (i) The 31inister's Salary. 
 
 (k) Congregational , all moneys con- 
 tributed for the congregation, (except- 
 ing the minister's salary,) the support 
 of the parish Sunday schools, the relief 
 of the poor of the congregation, building 
 and repairing churches, liquidation of 
 debts, and current expenses. 
 
 (I) Miscellaneous, all other collections 
 for bible and tract societies, etc., and for 
 general benevolence. — 31. G.A. 1871, p. 
 589. 
 
 § 622. Subjects of exegesis for candidates 
 on trial for ordination: De regimine ec- 
 clesiae. An fides sola justificet? An 
 Christus pro omnibus et singulis sit mor- 
 tuus? De sanctorum perseverantia. De 
 necessitate specialis spiritus sancti opera- 
 tionis ad conversionem. De materia justi- 
 
296 MANUAL OF LAW AND USAGE. 
 
 ficationis. An foedus circumcisione signa- 
 tum, a fcedere evangelico essentialiter dif- 
 ferat? De libero arbitrio. An justifica- 
 tio nostra sit ab fceterno, aut in tempore 
 pra3stita? An lex natura3 sit sufficiens ad 
 salutem? De Ohristi divinitate. Dejus- 
 tificatione fidei. An dies sabbatica Ohristi 
 ecclesia tenenda est? De peccato originate. 
 Quo sensu bona opera ad salutem necessa- 
 ria? Quid est poenitentia? Quae sunt causa 
 efficiens et object us fidei? 
 
 § 623. The maximum paid by the Board 
 of Education to students is, to each theo- 
 logical student under its care, §200 per 
 annum; to each collegiate student, §160; 
 to each academical student, $120. — 31. G. 
 A. 1862, p. 19. 
 
 § 624. The Board of Education will re- 
 ceive no candidate under its care for the 
 ministry until he has been a member of the 
 church at least one year, and has also pass- 
 ed his classical studies for an academic year, 
 except in extraordinary cases, to be deter- 
 mined by the board.— if. G. A. 1872, p. 19. 
 
MISCELLANEOUS. 297 
 
 § 625. The official records of the two 
 branches of the church are regarded as 
 making up the one history of the church 
 during the period of their separation, but 
 no rule or precedent not sanctioned or ap- 
 proved by both branches or by the reunited 
 church shall be of any authority, save in 
 so far as it may affect the rights of pro- 
 perty founded thereon. — History Reunion, 
 p. 312. 
 
 § 626. The only scriptural and lawful 
 grounds of divorce recognized in the church 
 are adultery and willful and obstinate 
 desertion. — 0. F. ch. xxiv, par. vi. 
 
 § 627. A person divorced on either of the 
 aforesaid grounds, where the proceeding 
 has been conducted in a cautious, serious, 
 and lawful manner, may be again married, 
 without incurring the censure of the church 
 or forfeiting any privilege in the same to 
 which he may be otherwise entitled. — 31. 
 G. A. 1790, p. 28; M. N. S. G. A. 1858, 
 p. 599, 600. 
 
298 MANUAL OF LAW AND USAGE. 
 
 § 628. Decisions of the Assemblies on 
 the elder question : 
 
 A congregation cannot form rules which would make 
 it lawful for any Elder to lay aside his office. The mode 
 of electing elders for a term of years is irregular and 
 ought in future to be abandoned, but cannot invalidate 
 the ordination of persons thus elected and ordained to 
 the office of ruling elder. — O. A. 1835, p. 471. 
 
 The most obvious and natural construction of our 
 form of government does not contemplate a rotatory 
 eldership; and while such an organization of a Session 
 is not anti-presbyterial, yet the Assembly would dis- 
 courage the adoption of the principle in our Church, 
 from respect to the plain meaning of our rule; but 
 nothing in this resolution is intended to disturb the 
 relations of those churches which have adopted the 
 principle of a limited period in the service of elders. — 
 N.S.G.A. 1862, p. 34. 
 
 Judicial Case No. 1. — The case seemed to present, in 
 judicial form, the question of the interpretation of our 
 Constitution concerning the election of elders and dea- 
 cons ; and yet many of the Assembly do not regard it as 
 really involving that question. Hence, in defining its 
 own action, the Assembly is not to be understood as 
 deciding that, in any case, the actual service of the 
 eldership should be either permanent or limited; but, 
 while the office is perpetual, the time of its exercise in 
 each individual congregation may be left to the decision 
 of the church itself, according to the mode approved of 
 and in use in such church. — Q. A. 1872. p. 75. 
 
APPENDIX. 
 
 A. 
 
 GENERAL RULES FOR JUDICATORIES. 
 
 The following are the Rules of the General Assembly, 
 a3 amended in 1871: 
 
 I. The moderator shall take the chair precisely at the 
 hour to which the judicatory stands adjourned; and 
 shall immediately call the members to order; and on 
 the appearance of a quorum, shall open the session with 
 prayer. 
 
 II. If a quorum be assembled at the hour appointed, 
 and the moderator be absent, the last moderator present, 
 or if there be none the senior member present, shall be 
 requested to take his place without delay until a new 
 election. 
 
 III. If a quorum be not assembled at the hour ap- 
 pointed, any two members shall be competent to adjourn 
 from time to time, that an opportunity may be given 
 for a quorum to assemble. 
 
 IV. It shall be the duty of the moderator at all times 
 to preserve order, and to endeavor to conduct all busi- 
 ness before the judicatory to a speedy and proper result. 
 
 299 
 
300 APPENDIX. 
 
 V. It shall be the duty of the moderator carefully 
 to keep notes of the several articles of business which 
 may be assigned for particular days, and to call them 
 up at the time appointed. 
 
 VI. 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, sub- 
 ject to an appeal to the judicatory by any two mem- 
 bers. 
 
 VII. The moderator shall appoint all committees, ex- 
 cept in those cases in which the judicatory shall decide 
 otherwise. 
 
 VIII. When a vote is taken by ballot in any judi- 
 catory, 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. 
 
 IX. The person first named on any committee shall 
 be considered 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. 
 
 X. It shall be the duty of the clerk, as soon as pos- 
 sible after the commencement of the sessions of every 
 judicatory, to form a complete roll of the members pres- 
 ent, and put the same into the hands of the moderator; 
 
GENERAL RULES FOR JUDICATORIES. 301 
 
 and it shall also be the duty of the clerk, whenever any 
 additional members take their seats, to add their names, 
 in their proper places, to the said roll. 
 
 XI. It shall be the duty of the clerk immediately to 
 file all papers, in the order in which they have been 
 read, with proper indorsements, and to keep them in 
 perfect order. 
 
 XII. The minutes of the last meeting of the judica- 
 tory shall be presented at the commencement of its ses- 
 sions, and if requisite read and corrected. 
 
 XIII. Business left unfinished at the last sitting is 
 ordinarily to be taken up first. 
 
 XIV. 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. 
 
 XV. Any member who 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 the leave of the judicatory. 
 
 XVI. If a motion under debate contain several parts, 
 any two members may have it divided, and a question 
 taken on each part. 
 
 XVII. When various motions are made with respect 
 
302 APPENDIX. 
 
 to the filling of blanks with particular numbers and 
 times, the question shall always be first taken on the 
 highest number and the longest time. 
 
 XVIII. Motions to lay on the table, to take up busi- 
 ness, 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. 
 
 XIX. When a question is under debate, no motion 
 shall be received, unless to adjourn, 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. 
 
 XX. An amendment, and also an amendment to an 
 amendment, may be moved on any motion ; but a mo- 
 tion to amend an amendment to an amendment shall 
 not be in order. Action on amendments shall precede 
 action on the original motion. 
 
 XXI. A distinction shall be observed between amotion 
 to lay on the table for the present, and a motion to lay on 
 the table unconditionally, viz: A motion to lay on the 
 table for the present shall be taken without debate, and, 
 if carried in the affirmative, the effect shall be to place 
 
GENERAL RULES FOR JUDICATORIES. 303 
 
 the subject on the docket, and it may be taken up and 
 considered at any subsequent time. But a motion to lay 
 on the table unconditionally shall be taken without de- 
 bate, and if carried in the affirmative, it shall not be in 
 order to take up the subject during the same meeting of 
 the judicatory, without a vote of.reconsideration. 
 
 XXII. The previous question shall be put in this 
 form, namely : "Shall the main question be now put?" 
 It shall only be admitted when demanded by a major- 
 ity of the members present, and the effect shall be to 
 put an end to all debate, and bring the body to a direct 
 vote, first, on a motion to commit the subject under con- 
 sideration, (if such motion shall have been made;) sec- 
 ondly, if the motion for commitment does not prevail, 
 on pending amendments; and lastly, on the main ques- 
 tion. 
 
 XXIII. A question shall not be again called up or 
 reconsidered at the same sessions of the judicatory at 
 which it has been decided, unless by the consent of two- 
 thirds of the members who were present at the decision ; 
 and unless the motion to reconsider be made and sec- 
 onded by persons who voted with the majority. 
 
 XXIV. A subject which has been indefinitely post- 
 poned, either by the operation of the previous question 
 or by a motion for indefinite postponement, shall not be 
 again called up during the same sessions of the judica- 
 tory, unless by the consent of three-fourths of the 
 members who were present at the decision. 
 
304 APPENDIX. 
 
 XXV. Members ought not, without weighty reasons,' 
 to decline voting, as this practice might leave the de- 
 cision of very interesting questions to a small propor- 
 tion of the judicatory. Silent members, unless excused 
 from voting, must be considered as acquiescing with the 
 majority. 
 
 XXVI. When the moderator has commenced taking 
 the vote, no further debate or remark shall be admitted, 
 unless there has evidently been a mistake, in which 
 case the mistake shall be rectified, and the moderator 
 shall recommence taking the vote. 
 
 XXVII. The yeas and nays on any question shall 
 not be recorded, unless required by one-third of the 
 members present. 
 
 XXVIII. No member, in the course of debate, shall 
 be allowed to indulge in personal reflections. 
 
 XXIX. 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. 
 
 XXX. When more than three members of the judi- 
 catory 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. 
 
 XXXI. Every member, when speaking, shall ad- 
 dress himself to the moderator, and shall treat his 
 
GENERAL RULES FOR JUDICATORIES. 305 
 
 fellow-members, and especially the moderator, with 
 decorum and respect. 
 
 XXXII. No speaker shall be interrupted, unless he 
 be out of order, or for the purpose of correcting mis- 
 takes or misrepresentations. 
 
 XXXIII. Without express permission, no member 
 of a judicatory, while business is going on, shall en- 
 gage in private conversation; nor shall members ad- 
 dress one another, nor any person present, but through 
 the moderator. 
 
 XXXIV. It is indispensable that members of eccle- 
 siastical judicatories maintain great gravity and dig- 
 nity while judicially convened; that they attend 
 closely in their speeches to the subject under considera- 
 tion, 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. 
 
 XXXV. If any member act in any respect in a dis- 
 orderly manner, it shall be the privilege of any mem- 
 ber, and the duty of the moderator, to call him to order. 
 
 XXXVI. If any member consider himself aggrieved 
 by a decision of the moderator, it shall be his privilege 
 to appeal to the judicatory, and the question on the 
 appeal shall be taken without debate. 
 
 XXXVII. No member shall retire from any judica- 
 20 
 
306 APPENDIX. 
 
 tory without the leave of the moderator, nor withdraw 
 from it to return home without the consent of the judi- 
 catory. 
 
 XXXVIII. AH judicatories have the right to sit in 
 private on business which in their judgment ought not 
 to be matter of public speculation. 
 
 XXXIX. Besides the right to sit judicially in private, 
 whenever they think proper to do so, all judicatories 
 have a right to hold what are commonly called "inter- 
 locutory meetings," in which members may freely con- 
 verse together without the formalities which are usu- 
 ally necessary injudicial proceedings. 
 
 XL. Whenever a judicatory is about to sit in a judi- 
 cial capacity, it shall be the duty of the moderator sol- 
 emnly to announce from the chair that the body is 
 about to pass to the consideration of the business as- 
 signed for trial, and to enjoin on the members to recol- 
 lect and regard their high character as judges of a court 
 of Jesus Christ, and the solemn duty in which they are 
 about to act.' 
 
 XLI. In all cases before a judicatory, when there is 
 an accuser or prosecutor, it is expedient that there be a 
 committee of the judicatory appointed, (provided the 
 number of members be sufficient to admit it without 
 inconvenience,) who shall be called the "Judicial Com- 
 mittee," and whose duty it shall be to digest and arrange 
 all the papers, and to prescribe, under the direction of 
 
ACT OF INCORPORATION. 307 
 
 the judicatory, the whole order of proceedings. The 
 members of this committee shall be entitled, notwith- 
 standing their performance of this duty, to sit and vote 
 in the cause as members of the judicatory. 
 
 XLII. But in cases of process on the ground of gen- 
 eral rumor, where there is, of course, no particular 
 accuser, there may be a committee appointed, (if con- 
 venient,) who shall be called the "Committee of Prose- 
 cution," and who shall conduct the whole course on the 
 part of the prosecution. The members of this commit- 
 tee shall not be permitted to sit in judgment in the 
 case. 
 
 XLIII. 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. 
 
 ACT OF INCORPORATION.. . 
 
 Be it enacted, That F. H., N. P., C. W., A. D., C. R., 
 and their associates, who are now, or may hereafter be- 
 come, members of the congregation of the Pres- 
 byterian church of , in the , under the 
 
 rules, regulations, or by-laws of the same, be, and they 
 are hereby, created a body corporate, under the name of 
 
 "The Congregation of the Presbyterian Church 
 
 of ," and as such shall have perpetual succession ; 
 
308 APPENDIX. 
 
 may purchase, hold, and convey personal and real es- 
 tate; make contracts; sue and be sued; plead and be im- 
 pleaded; and may generally exercise and enjoy all such 
 powers as are usually vested in corporations, and as 
 may be necessary or incident to sustaining religious 
 worship, Sabbath schools, missionary and charitable 
 enterprises in the , and no others; and said cor- 
 poration shall be exempt from any taxes to be assessed 
 upon their corporate property under the authority of 
 
 | , or of the city or county of : Provided, 
 
 That the value of all property so exempt shall not ex- 
 ceed dollars. 
 
 Sec. 2. And be it further enacted, That the title to any 
 lands, buildings, and property, heretofore conveyed to 
 said congregation, or to any person or persons for the 
 use and benefit of the same, or of the said Pres- 
 byterian church, is hereby vested in and confirmed to 
 said corporation. 
 
 Sec. 3. And be it further enacted, That it shall be 
 lawful for said congregation, at its first meeting subse- 
 quent to the passage of this act, to be held at such time 
 and place as the persons named in the first section of 
 this act may designate, by a majority of the members 
 present, to adopt such by-laws as they may deem expe- 
 dient, regulating the government of said corporation ; 
 prescribing the number, character, and duties of their 
 officers, and the manner of their election; defining the 
 terms on which persons may become, or cease to be, 
 members of said corporation ; and providing in all things 
 for the holding and disposal and conveyance of its real 
 and personal estate, and for the management of said 
 
BY-LAWS. 309 
 
 congregation; which by-laws maybe amended or re- 
 pealed from time to time, under such regulations as said 
 congregation may adopt: Provided, That no by-laws 
 shall be adopted or remain in force inconsistent with 
 the Government or laws of the United States, or with 
 ,the Constitution and authority of the Presbyterian 
 Church in the United States of America. 
 
 Sec. 4. And be it further enacted, That reserves 
 
 the right to alter, amend, or abolish this charter at 
 pleasure. 
 
 Appeoved ■ 
 
 C. 
 
 BY-LAWS.* 
 
 Art. I. — Of Officers. 
 
 Section 1. The officers of this congregation shall con- 
 sist of a president, clerk, treasurer, ancT trustees, 
 
 a majority of which Trustees shall be members of the 
 church. 
 
 Sec. 2. It shall be the duty of the president to pre- 
 side at all meetings of the congregation, but in his ab- 
 sence a temporary presiding officer may be chosen. 
 
 Sec. 3. It shall be the duty of the clerk to keep a list 
 of the members of the congregation, to keep a record of 
 the proceedings of all meetings of the congregation, and 
 when approved by them, to enter the same in a suitable 
 
 ♦These by-laws make a distinction between the church and 
 the congregation, and have reference exclusively to meetings 
 for the transaction of temporal affairs. 
 
310 APPENDIX. 
 
 book to be kept for that purpose ; to file and carefully 
 preserve all papers of which he may have the custody ; 
 to give notice of annual meetings of the congregation; 
 and to perform generally any act properly pertaining 
 to his office. 
 
 Sec. 4. It shall be the duty of the Treasurer to keep 
 an account-book and also a bank-book, both of which 
 shall be the property, of the congregation, and shall be 
 open at all times to the board of trustees; to receive all 
 moneys belonging to the congregation, and promptly to 
 disburse the same on the written order of the board of 
 trustees, but without such order no money shall be 
 paid by him, except for salaries regularly authorized, 
 and such amounts as may from time to time be required 
 by the Session of the church for temporary pulpit sup- 
 plies and other incidental expenses incurred by them. 
 He shall present a detailed statement of his accounts to 
 the board of trustees at their regular meeting next pre- 
 ceding the annual meeting of the congregation, and at 
 such other periods as the board may direct ; and shall 
 give bonds for the faithful discharge of his duties in 
 such sum as they may require. 
 
 Sec. 5. It shall be the duty of the trustees to hold 
 the property and manage the financial affairs of the con- 
 gregation, but no change shall be made in the salary of 
 the pastor or rental of the pews, or in the permanent 
 fixtures or arrangement of the church building, nor shall 
 expenses be incurred by them amounting in the aggre- 
 gate to more than dollars in any year, without 
 
 the consent of the congregation. They shall meet for 
 the transaction of business at least once each month; 
 
BY-LAWS. 311 
 
 shall carefully examine and audit the accounts of the 
 treasurer; and present at each annual meeting of the 
 congregation a statement of the receipts and expendi- 
 tures of the preceding year, with an estimate of the 
 amount required for the ensuing year. They shall not 
 (except wiih the concurrence of two-thirds of the mem- 
 bers of the congregation present at a regular meeting, 
 at least one-half of whom shall be members of the 
 church, notice of which, on two consecutive Sabbaths, 
 stating such purpose, shall have been given) convey, 
 mortgage, or in any manner encumber the title to 
 any real estate held by them in trust for the congrega- 
 tion. 
 
 Art. II. — Of Elections. 
 
 Sec. 1. The President and Treasurer shall hold their 
 offices respectively for one year, the clerk during the 
 pleasure of the congregation, and the trustees for three 
 years; but at the first election the person receiving the 
 highest number of votes shall hold his office for a term 
 of three years, the two receiving the next highest num- 
 ber two years, and the two receiving the next highest 
 number one year : Provided, That should more than two 
 receive the same number, or more than one the highest 
 number, their respective terms shall be determined by 
 lot, and the vacancies, as they occur from year to year, 
 shall be filled by new elections. 
 
 Sec. 2, The regular election of officers shall be held 
 at the annual meetings and by ballot, and each officer 
 shall continue in office until his successor shall be elect- 
 ed and qualified by accepting the same ; but vacancies 
 
312 APPENDIX. 
 
 occurring during the year shall be filled at special meet- 
 ings of the congregation. 
 
 Art. III. — Of the Membership. 
 
 The members of this congregation, under its corporate 
 charter, shall consist of all pew-holders over eighteen 
 years of age who shall have occupied and paid the rent 
 
 of a pew, or part of a pew, for at least months; 
 
 but no member shall be permitted to vote at any meet- 
 ing who is in arrears more than months ; and it 
 
 shall be the duty of the clerk to drop from the roll of 
 membership of the corporation any person whose- dues 
 shall remain unpaid more than one year: Provided, 
 That all communicants of the church shall be consid- 
 ered as members of the congregation: And provided 
 further, That the persons holding certificates enti- 
 tling them to the occupation of pews in consideration 
 of money loaned to the church shall not be considered 
 in arrears of rent. 
 
 Art. IV. — Of Business Meetings. 
 
 Sec. 1. The annual meeting of the congregation shall 
 
 be held the in , of each year, at 
 
 o'clock, , in the lecture-room of the church, or at 
 
 such time and place, within thirty days thereafter, as 
 the trustees shall designate, by public notice of the 
 same previously given. 
 
 Sec. 2. Special meetings may be called by the Session 
 of the church, by the deacons, by the trustees, or at the 
 request in writing, directed to the Session or trustees, 
 of— members of the congregation, giving notice 
 
BY-LAWS. 313 
 
 of the same from the pulpit the Sabbath immediately 
 preceding, at the regular morning service; which notice 
 shall state specifically the business to be transacted, 
 and no other business shall be entertained or done at 
 such meeting. 
 
 Sec. 3. A quorum for the transaction of business shall 
 consist of members, but a less number may ad- 
 journ from time to time, and the record of each meeting 
 shall state whether a quorum was present. 
 
 Sec. 4. All meetings of the congregation shall be 
 opened and closed with prayer. 
 
 Art. V.. — Of the Church Edifice. 
 
 The care, preservation, and general control of the 
 church edifice shall devolve upon the trustees. It may 
 be opened by the Session at any time for meetings for 
 religious purposes, and for meetings of any of the gener- 
 ally recognized and approved organizations for chris- 
 tian enterprise or benevolence. Applications for its use 
 for any other purpose shall be made in writing to the 
 clerk of the Session, and unless deemed improper by the 
 Session, shall be transmitted by them, without approval 
 or disapproval, to the trustees, who shall have power 
 to grant the same at any meeting regularly convened, 
 all the members present concurring. 
 
 Art. VI. — Of the Relations of the Church and Congre- 
 gation. 
 
 The organization of this congregation is understood 
 and declared to be incidental to and in furtherance of 
 the purposes and ends of the organization of the 
 
314 APPENDIX. 
 
 Presbyterian Church of , and the election of eld- 
 ers and deacons, the control and direction of public 
 worship, and any other matter of business which, by 
 authority or usage of the Presbyterian Church in the 
 United States, pertains exclusively to the officers of the 
 church or communicants thereof, shall be under the con- 
 trol and management of such officers and communicants. 
 
 Art. VII. — Amendments. 
 
 These by-laws may be amended at any regular meet- 
 ing, three-fourths of the members present concurring: 
 Provided, Notice that amendments are to be proposed 
 Bhall have been given on the preceding Sabbath. 
 
 D. 
 FORM OF ADMISSION TO THE CHURCH. 
 
 Address. 
 
 Beloved friends, you have presented yourselves before 
 God and this assembly, to make a solemn profession of 
 your religious faith, and to take upon yourselves ever- 
 lasting obligations. We trust that you have duly con- 
 sidered the nature of these professions, and of the en- 
 gagements into which you are about to enter. They 
 are of the most solemn moment, and upon the faithful 
 observance of them your eternal happiness will depend. 
 
 But be not disheartened. If you come with sincere 
 desires toward God, and in the exercise of humble faith 
 
FORMS OF ADMISSION TO THE CHURCH. 315 
 
 in the Saviour, he will impart to you grace and wis- 
 dom, and finally make you partakers of eternal blessed- 
 ness. 
 
 Profession of Faith. 
 
 You believe in the existence of one living and true 
 God; that he is a Spirit, infinite, eternal, and unchange- 
 able in his attributes and perfections. 
 
 You believe that there are three persons in the god- 
 head — the Father, the Son, and the Holy Ghost; and 
 that these three persons are one godhead, the same in 
 substance, and equal in power and glory. 
 
 You believe that Jesus Christ is very God and very 
 man, yet one Christ; that two perfect and distinct na- 
 tures, the human and divine, were inseparably joined 
 in one person, and that this person is the only Mediator 
 between God and man. You believe that the Lord 
 Jesus Christ, by his perfect obedience, and by his sac- 
 rifice of himself, has opened a way of reconciliation 
 between God and man ; so that all who receive Christ 
 by faith may be forgiven of God, and saved from their 
 sins. 
 
 You believe that our first parents, being left to the 
 freedom of their own will, fell from the estate wherein 
 they were created, by sinning against God; and that 
 their fall brought mankind into an estate of sin and 
 misery. 
 
 You believe that such is the depravity of the human 
 heart, that ihe Holy Spirit alone is able to bring man 
 to repentance and to faith. 
 
 You believe the Sacred Scriptures to be the revealed 
 
316 APPENDIX. 
 
 word of God, and as such the only infallible rul"e of faith 
 and practice. 
 
 You believe in the necessity of regeneration, and in 
 the promises of justification, adoption, and final per- 
 severance, God's free gifts, to all those who truly repent 
 of their sins and believe on the Lord Jesus Christ. 
 
 You believe that Christ has instituted an external 
 and visible church, whose sealing ordinances, to the end 
 of time, are baptism and the Lord's supper ; and that 
 these two ordinances are the only sacraments of his 
 church; that baptism is to be administered to all who 
 make a credible profession of their faith and to their 
 infant children ; that the Lord's supper is to be admin- 
 istered only to those who profess to have been renewed 
 by the Holy Spirit. 
 
 You believe in the immortality of the soul, and the 
 resurrection of the body; in a day of judgment; in a 
 future and eternal state of reward and punishment. 
 
 You thus profess to believe? 
 
 [Here the ordinance of baptism is to be administered, 
 if necessary.] 
 
 Covenant. 
 
 In the presence of God and this assembly, you do now 
 most solemnly avouch the Lord Jehovah — Father, Son, 
 and Holy Ghost — to be your God, the supreme object 
 of your affections, and your portion forever. You cor- 
 dially acknowledge the Lord Jesus Christ to be your 
 Redeemer, and the Holy Spirit to be your Sanctifier, 
 Comforter, and Guide. You cheerfully devote your- 
 selves to God, in the everlasting covenant of his grace, 
 
FORMS OF ADMISSION TO THE CHURCH. 31 7 
 
 consecrating all your powers and faculties to his service 
 and glory; and you promise that through the assistance 
 of his Spirit you will ever cleave to him, giving dili- 
 gent attendance to his word and ordinances, and seeking 
 the honor and interest of his kingdom ; and that hence- 
 forth, denying all ungodliness and every worldly lust, 
 you will live soberly, righteously, and godly in this 
 present world. 
 
 You do also most solemnly promise, that, by the grace 
 of God assisting, you will maintain a holy fellowship 
 and communion with this christian church, in the wor- 
 ship of God, in a punctual attendance upon its ordinan- 
 ces, and in the performance of such other spiritual ser- 
 vices as may tend to mutual edification. 
 
 You do also, in like manner, promise that you will 
 faithfully submit yourselves to the government and 
 discipline of this church, and that you will walk hum- 
 bly and circumspectly in all its requirements. 
 
 You thus promise? 
 
 [Here the members of the church will rise.] 
 
 In consequence of these professions and engage- 
 ments, we do cordially receive you into our holy fel- 
 lowship and communion, and in the name of Christ 
 welcome you to all its immunities and privileges; and 
 on our part do most solemnly promise to be kindly 
 affectioned toward you, watching over your spiritual 
 interests and promoting your spiritual welfare so long 
 as God, in his providence, may spare us to each other. 
 Should you have occasion to change your place of resi- 
 dence, it will be your duty to seek, and ours to grant, a 
 
318 APPENDIX. 
 
 recommendation to another church ; for hereafter you 
 can never withdraw from the watch and communion of 
 saints without a breach of covenant. 
 
 And now, beloved in the Lord, let it never be for- 
 gotten that you have come under solemn obligations, 
 from which you cannot escape. Wherever you go, these 
 vows will be upon you. They will follow you to the 
 bar of God, and will abide upon you forever. The 
 Lord guide and preserve you. 
 
 And may grace, mercy, and peace, from God the 
 Father, Christ Jesus our Lord, and the Holy Spirit, 
 ever attend this holy union: Amen. 
 
 E. 
 FORM OF DOCKET. 
 
 1. Sermon by the moderator. 
 
 2. Open the session with prayer. 
 
 3. Call the roll. 
 
 4. Elect a moderator. 
 
 5. Elect temporary clerk. 
 
 6. Read the minutes. 
 
 7. Report of committee of arrangements. 
 
 8. Adjourn. 
 
 9. Devotional exercises. 
 
 10. Call roll. 
 
 11. E,ead minutes of last session. 
 
 12. Call absentees. 
 
FORM OP BEQUEST TO BOARDS. 319 
 
 13. Appoint committees: 
 
 (a) Judicial. 
 
 (6) Bills and overtures. 
 
 (c) "j r Narrative for Synod. 
 
 (d) > Fall meeting, -j Statistics for Synod. 
 
 (e) J v Minutes of Gen. Assembly. 
 
 (c) i / Narrative for Assembly. 
 
 (d) > Spring meet. < Statistics for Assembly. 
 
 (e) ) v. Minutes for Synod. 
 (/) Treasurer's accounts and assessments. 
 (g) Devotional exercises. 
 
 (A) On records. 
 
 14. Reference of papers to committees. 
 
 15. Fix place of next meeting. 
 
 16. Free conversation on religion. 
 
 17. Report of (or election of) Commissioners to Gen- 
 
 eral Assembly. 
 
 18. New business. 
 
 19. Reports from standing committees. 
 
 20. Reports from temporary committees. 
 
 21. Read and correct minutes. 
 
 22. Adjourn. 
 
 F. 
 
 FORM OF BEQUESTS TO BOARDS. 
 
 In the preparation of wills, when it is desired to make 
 bequests to the General Assembly or any of its Boards, 
 care should be taken to insert the corporate name, as 
 known and recognized in the courts of law. 
 
320 APPENDIX. 
 
 Bequests for the General Assembly should be made 
 to " The Trustees of the General Assembly of the Presby- 
 terian Church in the United States of America." 
 
 Board of Home Missions, should be made to " The 
 Board of Home Missions of the Presbyterian Church in 
 the United States of America, incorporated April 19th, 
 1872, by act of the Legislature of the State of New 
 York." 
 
 Board of Foreign Missions, to " The Board of For- 
 eign Missions of the Presbyterian Church in the United 
 States of America." 
 
 Board of Church Erection, to " The Board of 
 Church Erection Fund of the General Assembly of the 
 Presbyterian Church in the United States of America, 
 incorporated May 5th, 1871, by the Legislature of the 
 State of New York." 
 
 Board of Education, to " The Trustees of the Board 
 of Education of the Presbyterian Church in the United 
 States of America." 
 
 The Committee on the Ministerial Relief Fund 
 are not incorporated, and require the following form of 
 
 " I give and bequeath to my executors, hereinafter 
 
 named, dollars, in trust, nevertheless, that they 
 
 shall, within months after my decease, pay the 
 
 same to the Trustees of the General Assembly of the 
 Presbyterian Church in the United States of America, 
 for the use of the fund for disabled ministers and their 
 families. 
 
 The Committee on Freedmen are not incorporated. 
 Bequests for their treasury may be made to trustees of 
 
CERTIFICATES. 321 
 
 the General Assembly, as above, to be appropriated to 
 this object. 
 
 G. 
 
 CERTIFICATE OF DISMISSION. 
 
 This is to certify that is a member in good 
 
 standing of the church of , and that 
 
 he is hereby dismissed at his own request, and affec- 
 tionately recommended to the fellowship of , or 
 
 of any other church in our communion with which 
 God in his providence may order his lot, and when so 
 received his responsibility to this church will cease. 
 By order of Session. 
 
 Moderator. 
 Given at , on the day of , 18 — . 
 
 J&g^This certificate is valid only for one year from its date, 
 "except where there is no opportunity of presenting it to a 
 church." (See Book of Discipline, chapter xi, section 2.) 
 
 H. 
 
 CERTIFICATE OF RECEPTION. 
 
 This is to certify that , recommended by the 
 
 Session of the , was, on the day of , 
 
 18 — , received as a member in good and regular stand- 
 ing of the . 
 
 Attest: 
 
 Stated Clerk. 
 
 To 
 
 21 
 
322 APPENDIX. 
 
 I. 
 
 LETTER OF CREDENCE. 
 
 To tLe Church of and Christian people, 
 
 greeting. 
 
 This testimonial certifies that and 
 
 are members in good standing, communicants in the 
 
 Presbyterian church of . And that during 
 
 their temporary sojourn at , with their baptized 
 
 children, they are commended to the fellowship and 
 
 care of . 
 
 And should they remain, they are directed, as early 
 as may be practicable, to transfer their connection by 
 regular dismission from this church. 
 
 Given by order of Session: 
 
 ■ , Moderator. 
 
 , Clerk. 
 
 Dated: , 18—. 
 
 K. 
 
 PRESBYTERIAL DISMISSION OF A MINISTER. 
 
 This is to certify that the Rev. is a member 
 
 in good and regular standing in this Presbytery, and is 
 now, at his own request, dismissed, to unite with the 
 
 , to whose fraternal affection and fellowship he 
 
 is hereby cordially recommended. 
 
 Attest: . 
 
 Stated Clerk of the 
 
 Done in Presbytery on this of , A. D. — . 
 
MARRIAGE CERTIFICATE. 323 
 
 L. 
 
 PRESBYTERIAL DISMISSION OF A LICEN- 
 TIATE. 
 
 This is to certify that Mr. is a licentiate in 
 
 good and regular standing under the care of this Pres- 
 bytery, and that he is at his own request dismissed, to 
 
 place himself under the care of the , to whose 
 
 ecclesiastical supervision and affectionate regard he is 
 cordially recommended. 
 
 Attest: . 
 
 Stated Clerk of the . 
 
 Done in Presbytery on this of , A. D. — . 
 
 M. 
 
 MARRIAGE CERTIFICATE. 
 
 This certifies that , of , and , of 
 
 ■, were by me united in the bonds of marriage, at 
 
 ■ , on the day of , in the year of our 
 
 Lord one thousand eight hundred and , conform* 
 
 ably to the ordinance of God and the laws of the State. 
 
 Witnesses present at the marriage. 
 
INDEX 
 
 [The figures refer to the number of the sections.] 
 
 Adjourned meeting, 476. 
 Adjournment. (See Motion.) 
 Amendment. (See Motion.) 
 Appeal, what it is, 434. 
 
 appellant must prosecute his, 445. 
 a litigious appellant, 448. 
 authentic copies of all the proceedings of the 
 lower court must be sent up with an, 450, 
 453. 
 due notice of an, with reasons, must be given 
 
 the court appealed from, 438. 
 decision in a case of, what it may be, 444. 
 how taken up and considered, 441-443. 
 limited to judicial cases, 452. 
 must be carried to the next higher court, 439. 
 
 lodged with the clerk, when, 440. 
 members of the court appealed from cannot 
 
 vote on an, 446. 
 members of the court appealed from, when not 
 
 censurable, 447. 
 necessary operation of an, 449. 
 notice of, continues the sentence of the first 
 court, 454. 
 
 325 
 
326 INDEX. 
 
 Appeal, no case entered except by original party, 451. 
 subjects of appeal, 436, 437. 
 who may appeal, 435. 
 who are original parties, 442. 
 from the chair, 509-511, 513. 
 Assembly, General, what it is, 127. 
 
 constituted, how, 128. 
 committee on commissions, 133. 
 
 elections, 185. 
 corresponding members of, 134. 
 committees of, 176-180. 
 commissioners cannot vote till en- 
 rolled, 132. 
 clerks of, choice not confined to mem- 
 bers, 160. 
 clerk, stated, duties, 157. 
 
 permanent, duties, 158. 
 clerks, temporary, duties, 159. 
 delegates to, how styled, 129. 
 dissolved, how, 161. 
 legislate, cannot, 146. 
 meeting, time of, 151. 
 
 how often, 131. 
 moderator of, absent, 153. 
 
 election, 154, 155. 
 installation, 156. 
 may reverse the acts of a former 
 
 Assembly, 148, 149. 
 may not revise the proceedings of 
 
 a former Assembly, 150. 
 organizing, order of, 152. 
 
INDEX. 327 
 
 Assembly, General, ought not to decide questions in 
 thesi, 147. 
 powers of, 135-145. 
 jurisdiction of, 212-221. 
 quorum of, 130. 
 
 Baptism of adults, 609. 
 
 infants, 607, 608. 
 Boards of the Church, mode of application to, for aid, 
 620. 
 Education, maximum paid to 
 
 students by, 623. 
 Education, will not aid a student 
 until, 624. 
 Blanks, how filled, 547-549. 
 Business, unfinished, to be taken up first, 495. 
 Burial of the dead, 616, 617. 
 
 Candidates are not members of Presbytery, 252. 
 
 belong to the laity, 253. 
 
 court of trial of, 254, 256, 257. 
 
 examined, how, 243. 
 
 evidence, sources of, in examining, 244. 
 
 examination as to education, 245-247. 
 
 licensed, by whom, 239-241. 
 
 licensing, mode of, 248. 
 
 licensed, how long, 251. 
 
 testimonials necessary, 242. 
 
 trials continued in another Presbytery, 249. 
 
 when removing to another Presbytery, 250. 
 Censure, object of, 357. 
 
328 INDEX. 
 
 Censure, how inflicted, 358, 
 Certificate, when not valid, 26. 
 
 members when received on, duty of Session, 
 
 22. 
 members entitled to, of dismission, 20. 
 
 credence, 21. 
 must be admitted on, except, 23. 
 may be qualified, 24, 25. 
 Church, charters and other legal instruments, 18. 
 
 children baptized, how received into, 28, 611, 
 
 612. 
 deacons of, 16. 
 elders of, 15. 
 
 formation of a, how to proceed, 11-14. 
 members of, their rights, 33-38. 
 
 to whom amenable, 29. 
 non-communicants of, no rights, 39, 40. 
 
 their privileges, 41. 
 organization of, to be reported, 31. 
 ordinances of, 30. 
 
 persons received into, from the world, 27, 613. 
 particular, what it is, 32. 
 rules and regulations of, 17. 
 trustees of, must not infringe upon the Session, 
 
 19. 
 vacant, 283, 284. 
 Citation, 314, 315. 
 
 refusing to obey, 318. 
 time between first and second, 319. 
 second, how accompanied, 320. 
 should be duly served, 321. 
 
INDEX. 329 
 
 Clerk, stated, duties of, 481-486, 488, 489, 491. 
 
 absence of, 487. , 
 Constitution, what it is, 1. 
 provides, 5-8. 
 recognizes, 2-4, 9. 
 radical principles of, 10. 
 Congregational meeting, by whom called, 42. 
 
 majority of voters may de- 
 mand a, 43, 264. 
 minority of, may complain to 
 
 Session, 48. 
 minority of, may go from Ses- 
 sion to Presbytery, 49. 
 minority of, may not go to 
 
 Presbytery direct, 50. 
 minority of, may not appeal 
 
 from the chair, 51, 52. 
 must not usurp the authority 
 
 of Session, 53. 
 no vote of, can affect the rights 
 
 of communicants, 54. 
 who presides in a, 44-47, 265. 
 with concurrence of Session 
 may refer to Presbytery, 55. 
 Commitment. (See Motion.) 
 Committees, Assembly's, 176-184. 
 congregational, 194. 
 chairman of, 527. 
 can only act in a body, 533. 
 minority of, may make a different report, 
 534. 
 
330 INDEX. 
 
 Committees, necessary in every court, 175. 
 presbyterial, 192. 
 synodical, 187-191. 
 sessional, 193. 
 
 special, how appointed, 186, 529. 
 special, who should be appointed on, 531, 
 
 532. • 
 standing, when announced, 528. 
 when not at liberty to sit, 536. 
 report of, what motion necessary, 537. 
 on commissions of delegates, 185. 
 Commission, wha-t it is, 196. 
 
 complaint may lie against a, 200. 
 empowered, 197. 
 decisions of provisional, 198. 
 decisions, no appeal from, 199. 
 members of, sit and vote in court, 201. 
 number composing a, 202. 
 Courts, number of, 203. 
 Complaint, 455. 
 
 what it is, 456. 
 effect of a, 460,461. 
 
 members of a court complained against can- 
 not vote, 462. 
 moderators of the superior court may not 
 
 preside, 467. 
 mode of issuing a, 466. 
 notice of, with reasons, must be given, 458, 
 
 459. 
 when proper, 457. 
 will not lie, 463-465. 
 
INDEX. 331 
 
 Debate, member must obtain the floor in order to, 504. 
 
 members, how often they speak in, 505-508. 
 
 members must not be interrupted in, 515. 
 
 order of speaking in, when two members rise 
 to, 499. 
 
 personal reflection forbidden in, 518. 
 
 personality, what constitutes a, in, 523. 
 
 when three members are standing in course of, 
 524. 
 
 when not allowable, 510-513. 
 Deacons, what they are, 223. 
 
 duties of, 76, 223. 
 
 elected, how, 224. 
 
 ordained, how, 227. 
 
 office of, perpetual, 228. 
 
 how divested of office, 229-231. 
 
 not members of church courts, 226. 
 
 their court of trial, 296. 
 Decisions, three kinds of, 404. 
 administrative, 407. 
 legislative, 406. 
 judicial, 405. 
 Dissent, what it is, 393. 
 
 must be recorded on the minutes, 395. 
 
 may be accompanied with complaint, 396. 
 
 with reasons, 401, 402. 
 Divorce, lawful grounds of, 626. 
 Divorced persons may again marry, 627. 
 
 Elder, ruling, 222. 
 
 court of trial of, 296-298. 
 
332 INDEX. 
 
 Elder, ruling, cannot adjudicate in another church, 237 
 elected, how, 224. 
 ordained and installed, how, 227. 
 office perpetual, 228, 628. 
 divested of office, how, 229. 
 may cease to act, when, 230, 231. 
 divested of office, cannot sit in a court, 
 
 232. 
 may be re-elected, 233. 
 must be installed in order to serve in 
 
 another church, 234. 
 dismissed, how. 234. 
 suspended, how restored, 235. 
 deposition and excommunication, 236. 
 not a member of Session till ordained, 
 
 225, 238. 
 represented in committees, 530. 
 Exegesis, subjects of, 622. 
 Excommunication, design of, 364. 
 
 mode of inflicting, 363, 365, 366. 
 restoring from, mode of, 367, 368. 
 restoring from, only by advice ol 
 Presbytery, 367. 
 
 Interlocutory meeting, object of, 538. 
 
 how to enter upon, 539. 
 differs from a committee of the 
 
 whole, 540. 
 no note taken of proceedings, 
 
 541. 
 how to terminate, 542. 
 
INDEX. 333 
 
 Judicatories may sit in private, 543. 
 Jurisdiction, court of trial for laymen, 204. 
 
 court of trial for ministers, 205. 
 
 cases may be carried to higher courts, 206. 
 
 cases carried, how, 206, 207. 
 
 courts of original trial, 209. 
 
 constitution confers, 215. 
 
 Presbyteries, 210. 
 
 Synods, 211. 
 
 Assembly's, 212-214, 216, 220, 221. 
 
 advisory functions, 217. 
 
 authoritative functions, 218. 
 
 authoritative, how evoked, 219. 
 
 one court may not interfere with another's, 
 without liability to censure, 208. 
 
 Licentiates, belong to the laity, 253. 
 court of trial of, 255-257. 
 not members of Presbytery, 252. 
 may be deprived of their license, 255. 
 when to be ordained, 259. 
 order of ordaining, 260. 
 when ordained members of Presbytery, 261. 
 how long a time licensed, 251. 
 Lord's supper, administration of, 610. 
 
 admission of children to, 611. 
 admission of unbaptized persons, 611. 
 distinction to be observed in admitting, 
 613. 
 
 Marriage, mode of solemnizing, 614, 615. 
 
334 INDEX. 
 
 Memorial. (See Petition.) 
 
 Members of a church. (See Church and Congregational 
 
 Meeting.) 
 Members of a court, rights of, 514, 516. 
 
 duties of, 517,519-521. 
 may be called to order, 522. 
 may not leave without permission, 
 525. 
 Minister, process against, where entered, 370. 
 process shall not be commenced, 372. 
 charges against a, 369, 373. 
 conduct of trial against a, 371. 
 prosecutor of a, warned, 374. 
 when a, refuses to obey a citation, 375. 
 how witness against a., at a distance, are ex- 
 amined, 376, 377. 
 when a, confesses guilty, how to proceed, 378 
 when a, is found guilt)' on trial, 379. 
 a, charged with heresy and schism, 380, 381. 
 a, deposed, when to be restored, 382. 
 pulpit of a deposed, to be declared vacant, 383. 
 Minutes, when presented or read, 493. 
 
 when published, 494. 
 Missions, how supplied, 285, 286. 
 Moderator, absence of, 153, 473. 
 
 duties of, 472, 478, 480, 490, 516. 
 election of, 154, 155, 492. 
 installation of, 156. 
 
 may ask a member to preside temporarily, 
 479. 
 Motion, must be seconded, 496, 498. 
 
INDEX. 335 
 
 Motion, how to make a, 497. 
 
 when it may be withdrawn, 500. 
 first made first put, except, 544. 
 Motion to adjourn takes precedence of every other, 553. 
 when it may not be made, 554. 
 cannot be amended, 555, 556. 
 Motion to lay on the table, two forms of, 564. 
 not debatable, 564. 
 effects of a, 564, 566. 
 for the present may be taken 
 
 up, 565. 
 decided in the negative, 567. 
 Motion to postpone, definite or indefinite, 568. 
 amendable, 568-570. 
 indefinitely may be reconsidered, 
 
 572. 
 must be put before amendment, 571. 
 previous question, commitment, or 
 amendment not allowable, 591. 
 Motion to commit may be amended, 573. 
 
 to appropriate committees, 574. 
 takes precedence of, 575, 5-76. 
 previous question, commitment or 
 amendment not allowable, 591. 
 Motion to amend, how to proceed in considering reports 
 or other papers, 577, 578. 
 an amendment to an amendment not 
 
 allowable, 579. 
 moderator cannot suppress a, though 
 
 inconsistent, 580. 
 by striking out, 581-585. 
 
336 INDEX. 
 
 Motion to amend, to strike out and insert, 586. 
 
 by inserting or adding, 587-590. 
 
 must be put before the original ques- 
 tion, 578. 
 
 must be put before it be put on the 
 amendment, 578. 
 
 cannot be postponed, 591. 
 
 cannot be committed, 592. 
 
 the previous question not allowable, 
 593. 
 
 Offences, character of, to be cognizable, 299. 
 
 either private or public, 300. 
 
 private, 301-303. 
 
 spreading the knowledge of, censurable, 304. 
 
 public, immediate action in case of, 305. 
 
 limitation of time for process against, 307. 
 
 judicatory may seek a confession from accused, 
 306. 
 
 process against, by whom initiated, 308. 
 
 who must prosecute charges for, 309, 310. 
 
 general rumor of, 311. 
 
 a slandered person may ask an investigation, 
 312. 
 
 cautious in receiving accusations, 313. 
 
 what shall be done by the judicatory at the 
 first meeting to try a member for, 314. 
 
 how the citation shall be issued against a mem- 
 ber for, 315. 
 
 accused to be informed of the names of wit- 
 nesses, 316. 
 
INDEX. 337 
 
 Offences, times, places, and circumstances of, should be 
 stated, 317. 
 
 the accused or a witness refusing to obey a 
 citation, 318. 
 
 the second citation for, 319, 320. 
 
 citations for, should be duly served, 321. 
 
 the accused before trial excluded from Lord's 
 table, 322. 
 
 under process for, elder or minister may be de- 
 prived of his privileges in his court, 323. 
 
 counsel for the accused, 324. 
 
 Officers necessary in church courts, 162, 477. 
 in church Sessions, 163. 
 in Presbytery, 166-169. 
 in Synod, 173. 
 in General Assembly, 174. 
 moderator presides, 164. 
 clerk, 165, 170, 171. 
 treasurer, 172. 
 Orders of the day, take precedence of all motions except, 
 557. 
 when assigned to a particular hour, 
 
 558. 
 fall, when, 559. 
 
 Pastor, title, when given, 262. 
 
 by whom elected, 263, 266. 
 mode of electing a, 267, £68. 
 form of a call to, 269-274. 
 if the call be to a licentiate, 275. 
 22 
 
338 INDEX. 
 
 Pastor, must be installed, 276. 
 how installed, 281. 
 
 must become a member of the Presbytery to 
 which the church belongs before installation, 
 277. 
 may not receive a call without permission of the 
 
 Presbytery, 278, 279. 
 how to call a, from another Presbytery, 280. 
 installation, how performed, 281. 
 resignation of a, 282. 
 
 must resign his official relations to Presbytery, 
 282. 
 Petition, cannot bring a judicial case before a superior 
 court, 468, 469. 
 what it is, and how introduced, 501. 
 contents must be made known, 502. 
 how received by a court, 503. 
 Previous question. (See Question.) 
 Presbytery, consists of what, 79. 
 
 corresponding members in, 89. 
 cannot dismiss by committee, 9G. 
 cannot dismiss a church, 99. 
 commissioners of, to General Assembly, 102. 
 commissioners of, how paid, 104. 
 commissions of, form, 103. 
 duties of, 85. 
 
 deposed ministers of, jurisdiction, 92. 
 dismissed ministers of, jurisdiction, 93, 94. 
 dismission must be to a particular Presby- 
 tery, 95. 
 elders, representation in, 79-81, 90, 91, 101. 
 
INDEX. 339 
 
 Presbytery, foreign ministers, how received by, 105-113. 
 
 jurisdiction of, 210. 
 
 vaay refuse to install a minister, 100. 
 
 member of, on trial, on the roll, 98. 
 
 member of, suspended on the roll, 97. 
 
 opening and closing of, with prayer, 98. 
 
 powers of, 84. 
 
 pro re nata meetings of, 86, 87. 
 
 quorum of, 82, 83. 
 Process against a member. (See Offence.) 
 Protest, what it is, 394. 
 
 must be recorded on the minutes, 395. 
 may be accompanied with complaint, 396. 
 may be answered for reasons, 397. 
 reply of protestants not allowable, 398. 
 protestants may alter their, 399. 
 who cannot join in a, 400. 
 
 Quorum, sessional, 57, 58, 62. 
 
 presbyterial, 82, 83. 
 
 synodical, 116. 
 
 Assembly's, 130. 
 
 judicial, 287-295. 
 
 absence of a, two members may adjourn, 475. 
 
 no business can be transacted without a, 474. 
 Question under debate, what motions allowable, 546. 
 
 division of a, 550, 551. 
 
 division of a, when allowable, 552. 
 
 division when called for, how put, 596, 597. 
 
 when and how to put a, to vote, 594, 595. 
 
 by yeas and nays, how put, 598, 599, 601, 602. 
 
340 INDEX. 
 
 Question by yeas and nays must be recorded, 600. 
 Questions of order, how decided, 509-511, 513. 
 
 when not debatable, 510-513. 
 Questions, privileged, 545. 
 
 conflicting, 591-593. 
 Question, previous, use of, 560. 
 
 how moved, 561. 
 
 how put, 562. 
 
 effect when ordered, 562. 
 
 effect when not ordered, 563. 
 Questions coexisting, 603. 
 equivalent, 604. 
 
 Records, must be reviewed once a year by a higher 
 court, 408. 
 must be sent up to higher court, 409. 
 how examined, 410. 
 defective or irregular proceedings in, 411, 412, 
 
 415. 
 approved cannot be altered, 418. 
 Reference, what it is, 419. 
 
 proper subjects of, 420. 
 
 is for advice or ultimate trial, 421. 
 
 for advice suspends the decision, 422. 
 
 for ultimate trial relinquishes the decision, 
 
 422. 
 should not be made hastily, 423. 
 superior court not bound to consider a, 424. 
 members of the lower court retain their privi- 
 leges in a, 425. 
 whither carried, 426. 
 
INDEX. 341 
 
 Reference, testimony and documents necessary in a, 427. 
 original testimony may be taken in a, 428. 
 complaint or appeal does not lie against, 
 429-433. 
 Review, every decision and proceeding of a court sub- 
 ject to, 403, 408. 
 judicial proceeding not reversible on, 413. 
 irregularities not recorded, how to proceed on, 
 
 414. 
 members of a judicatory cannot vote on their 
 
 records, 416. 
 a case cannot be issued judicial^ 7- upon, 417. 
 Reconsideration, number necessary for, 605. 
 
 restores the question to the house, 606. 
 Rules of the General Assembly, the basis of proceed- 
 ings, 470, 471. (See 
 Appendix.) 
 what are regarded as 
 being authority, 627. 
 Report, minority, by whom made, 534. 
 
 minority, received by courtesy, 535. 
 minority, how adopted, 535. 
 of committee, how considered and amended, 
 577, 578. 
 
 Session, of what it consists, 56. 
 duties of, 66, 67, 71-73. 
 convened, how, 65. 
 clerk of, 64. 
 counsel in, 77. 
 moderator of, 59-61, 63. 
 
342 INDEX. 
 
 Session, "poor fund," no control over, 76. 
 
 member of, dismissed, 70. 
 
 what it may do with absent church members, 75. 
 
 suspended members, control over, 74. 
 
 dismissed members, jurisdiction, 68, 69. 
 
 statistical reports of, how prepared, 621. 
 
 quorum of, 57, 58, 62. 
 Sustentation Scheme, aim of, 618. 
 
 churches entitled to aid from, 619. 
 Synod, consists of what, 114. 
 
 corresponding members of, 116. 
 
 ratio of representation in, 115. 
 
 how often to meet, 117. 
 
 duty of, 121. 
 
 powers of, 122. 
 
 pro re nata meetings of, 119. 
 
 time and place of meeting, how changed, 120. 
 
 members of an extinct Presbytery responsible 
 to, 123. 
 
 when members of a Presbytery may not vote 
 in, 124. 
 
 exceptions to records of a Presbytery must ba 
 entered in the minutes of, 125. 
 
 minutes of, must be read and approved, 126. 
 
 quorum of, 116. 
 
 in the absence of a quorum, 118. 
 Sabbath schools, 66 (g.) 
 Singing of the church, 66 (h.) 
 Suspension, mode of inflicting sentence of, 359-361. 
 
 mode of restoring from, 362. 
 Time, limitation of, 307. 
 
INDEX. 343 
 
 Trial, opening of, duty of moderator, 325. 
 
 charges and specifications to be read, 326. 
 if the accused plead guilty, 327. 
 if the accused plead not guilty, 328. 
 witnesses, how examined, 328, 338-340. 
 witnesses, competent and credible, 329-332. 
 witnesses, number to establish a charge, 334. 
 husband and wife, 333. 
 
 a member of the judicatory may be a witness, 335. 
 no witness must be examined in the presence of 
 
 another, 336. 
 form of oath for witnesses, 337. 
 commission' to take testimony, 341. 
 questions to and answers of witnesses in writing, 
 
 342. 
 appeals from the chair, how taken, exception, 
 
 343, 344. 
 closing arguments, 345, 346. 
 after pleadings court to decide, 347. 
 the sentence, 348-350. 
 sentence of, how published, 351, 355, 356, 
 judgment must be entered on the records, 352. 
 clerk not to give copies of proceedings on his 
 
 own authority, 353. 
 how the proceedings are to be recorded, 354. 
 records of, authenticated, sufficient evidence, 355. 
 testimony of a different court, 356. 
 new, when proper, 384. 
 
 order for, does not restore defendant, 392. 
 refused, complaint may lie, 391. 
 Testimony, new, 384-386. 
 
344 INDEX. 
 
 Testimony, new, how to be considered by an appellate 
 
 court, 387-390. 
 Trustees, importance of, 195. 
 Witnesses, must be cited, 314, 315. 
 
 names of, must be given to the accused, 316. 
 
 refusing to obey, 318. 
 
 how examined, 328, 336, 338-340. 
 
 competent and credible, 329-332. 
 
 husband and wife, 333. 
 
 number to establish a charge, 334. 
 
 member of the court may be a, 335. 
 
 how sworn, 337. 
 
 examined by commission, 341, 377. 
 
 questions to, and answers must be reduced to 
 writing, 342. 
 
 Appendix. 
 
 Rules of the General Assembly, A. 
 
 Act of incorporation, B. 
 
 By-laws, C. 
 
 Form of admission into church from the world, D. 
 
 Form of docket for church court, E. 
 
 Form of bequests to the boards, F. 
 
 Certificate of dismission of a minister of the church, Q. 
 
 Certificate of reception, H. 
 
 Letter of credence, I. 
 
 Dismission of a minister, K. 
 
 Dismission of a licentiate, L. 
 
 Certificate of marriage, M. 
 
■HI 
 
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