I i ONE HUNDRED AND FIFTH General Assembly of the Presbyteiuan Church In the United States of America, WASHINGTON, ID. C, IVIAY, 1803. THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA, AGAINST THE REV, CHARLES A, BRIGGS. D. D, notice of appeal APPEAL TO TPIE GENERAL ASSEMBLY FROM THE FINAL JUDG- MENT OF THE PRESBYTERY OF NEW YORK, ENTERED JANUARY 9TH, 1893, TOGETHER WITH THE RECORD OF ALL PROCEEDINGS HAD IN THE PRESBYTERY OF NEW YORK AS SHOWN BY THE MIN- UTES OF THE JUDICATORY DURING THE TRIAL OF THE CASE. The Presbyterian Church in the United States of America, Represented by GEORGE W. F. BIRCH, D. D., JOSEPH J. LAMPE, D. D., ROBERT F. SAMPLE, D. D., JOHN J. STEVENSON, JOHN J. McCOOK. PROSBCUTING COMMirrHE, Appellant. ONE HUNDRED AND FIFTH General Assembly of the Presbyterian Church In the United States of America, WASHINGTON, D. C, MAY, 1883. THE PRESBYTERIAN CHURCH IN THE UNITED STA TES OF AMERICA AGAINST THE REV. CHARLES A, BRIG OS, D. D, notice of APPEAL APPEAL TO THE GENERAL ASSEMBLY FROM THE FINAL JUDG- MENT OF THE PRESBYTERY OF NEW YORK, ENTERED JANUARY 9TH, 1893, TOGETHER WITH THE RECORD OF ALL PROCEEDINGS HAD IN THE PRESBYTERY OF NEW YORK AS SHOWN BY THE MIN- UTES OF THE JUDICATORY DURING THE TRIAL OF THE CASE. The Presbyterian Church in the United States of America, Represented by GEORGE W. F. BIRCH, D. D. JOSEPH J. LAMPE, D. D., ROBERT F. SAMPLE, D. D., JOHN J. STEVENSON, JOHN J. McCOOK. IKoSECirriNG COMMITTEE, Appellant. J OHN C. RANKIN CO., PRINTERS, 34 CORTLANDT ST., NEW YORK. New Yoke, January 18tli, 1893. To the Rev. Samuel D. Alexander, D. D., Stated Cleric of the Presbytery of New York. Dear Sir: The Presbyterian Church in the United States of America, represented by the undersigned Prosecuting Committee, in the case of the Presbyterian Church in the United States of America, against the Rev. Charles A. Briggs, D.D., hereby gives written notice of appeal, with specifications of the errors alleged, in the said case, to the General Assembly of the Presbyterian Church in the United States of America, to meet at Washington, D. C, on the third Thursday of May, A. D. 1893, from the decision and final judgment of the Presbytery of New York, sitting in a judicial capacity, given on the ninth day of January, 1893. The grounds of this appeal and the specifications of the errors alleged, are hereto at- tached and made a part of this notice. The Presbyterian Church in the United States of America, represented by GEORGE W. F. BIRCH, JOSEPH J. LAMPE, ROBERT F. SAMPLE, JOHN J. STEVENSON, JOHN J. McCOOK, Prosecuting Committee, Appellant. The Presbyterian Church in the United States of America against The Rev. Charles A. Briggs, D.D. Appeal to the General Assembly. New York, January 18th, 1893. To THE Venerable the G-eneral Assembly of the Presbyterian Church in the United States of America, Greeting : The Presbyterian Church in the United States of America, represented by the undersigned Prosecuting Committee, in the case of the said Presbyterian Church against the Rev. Charles A. Briggs, D. D., x) resents the fol- lowing Appeal from the final judgment in this case, ren- dered by the Presbytery of New York on the ninth day of January, 1893, with the grounds therefor, and the specifica- tions of the errors alleged. Believing that the trial of the said Dr. Briggs is one of the most important in the history of the Presbyterian Church, by reason of the dangerous errors alleged to be contained in the Address of the said Dr. Briggs at his inauguration as Professor of Biblical Theology in Union Theological Seminary, delivered on the 20th day of January, 1891, upon which Inaugural Address charges and specifications were tabled and prosecution, in compliance with Sections 10 and 11 of the Book of Discipline, was initiated by the Presbytery of New York in the name of the Presbyterian Church in the United States of America ; and believing that the distinct and definite condemnation of those alleged errors, by the Supreme Judicatory of the said Presbyterian Church, is necessary in order to prevent their spread and influence in the denomination ; and, while having the highest respect for the Synod of New York, believing that a special responsibility rests upon the General Assembly whicli is cliarged with the duty of deciding in all contro- versies respecting doctrine ; of reproving, warning or bearing testimony against error in doctrine in any Church, Presbytery or Synod, and in cases that affect or concern the promotion of truth and holiness through all the Churches under its care, as set forth in Chapter XII., Sections IV. and Y., of the Form of Government ; and in view of the desirableness of the speediest settlement of this most important case, do hereby appeal to and request your Venerable Body to enter immediately upon the consideration and judicial investigation of the appeal hereby presented, to issue the case, and to finally deter- mine the important questions involved, so as to secure the purity and the peace of the Church at the earliest possible day. In the further prosecution of the case on the part of the said Presbyterian Church, the Appellant, represented by the said Prosecuting Committee, respectfully sets forth : That on the thirteenth day of April, A. D. 1891, the Presbytery of New York appointed a Committee to con- sider the Inaugural Address of the Rev. Charles A. Briggs, D. D., in its relation to the Confession of Faith, and that on May eleventh, A. D. 1891, the said Committee presented to said Presbytery a report which was accepted, and its recommendation, "that the Presbytery enter at once upon the judicial investigation of the case," was adopted by the said Presbytery, and thereupon it was ^'Resolved, That a Committee be appointed to arrange and prepare the necessary proceedings appropriate in the case of Dr. Briggs"; and the Rev. G. W. F. Birch, D. D., Rev. Joseph J. Lampe, D. D., Rev. Robert F. Sample, D. D., and Ruling Elders John J. Stevenson and John J. McCook were appointed such Committee in conformity with the provisions of Section 11 of the Book of Disci- pline. That after the initiation of the prosecution by the said Judicatory, the Presbytery of New York, as above re- cited, the said Prosecuting Committee entered upon its duties. 6 That as said prosecution was initiated by a Judicatory and not by individual prosecutors, in compliance with the provisions of Section 10 of the Book of Discipline, the Presbyterian Church in the United States of America became the prosecutor, and an original party in the case, and was represented by the said Prosecuting Com- mittee, which said Committee, under Section 11 of the Book of Discipline, was charged Avith the duty of conduct- ing the prosecution in all its stages in whatever judica- catory, until the final issue be reached. That at the meeting of said Presbytery, held on the fifth day of October, A. D. 1891, the said Prosecuting Committee presented charges and specifications in the case of the Presbyterian Church in the United States of America against the Rev. Charles A. Briggs, D. D., which were read in the presence of the Judicatory, and were then served by the Moderator upon the said Rev. Charles A. Briggs, D. D„ together with a citation, citing him'^to appear and plead to the said charges and speci- fications at a meeting of the said Presbytery, to be held on November fourth, A. D. 1891. That after said charges and specifications had been presented to the said Presbytery and had been read, the Presbytery entertained a motion made by the Rev. George Alexander, D. D., to arrest the judicial proceedings and to discharge the Prosecuting Committee from further consideration of the case, as follows : " Whereas, the Presbytery of New York, at its meeting in May last, on account of utterances contained in an inaugural address delivered January 20th, 1891, appointed a Committee to formulate charges against the author of that address. Rev. Charles A. Briggs, D. D., and whereas, since that action was taken, the accused has supplemented those utterances by responding to certain categorical questions. -^ - ^ '' Therefore, Mesolved, that Presbytery, without pro- nouncing on the sufficiency of these later declarations to cover all the points concerning which the accused has been called in question, with hearty appreciation of tlie faithful labors of the Committee, deems it expe- dient to arrest the judicial proceedings at this point, and hereby discharges the Committee from further con- sideration of the case." On the aforesaid motion to dismiss the case, as expressed specifically in the words " to arrest the judicial proceed- ings" and " hereby discharges the Committee from fur- ther consideration of the case," the Presbytery by a yea and nay vote refused to adopt the above resolution and to dismiss the case. That on the said fifth day of October, A. D. 1891, the said Presbytery adjourned to meet on the fourth day of No- vember, A. D. 1891, the day upon which the said citation was made returnable, and that at said meeting on the fourth day of November, A. D. 1891, the said Presbytery- was charged as a Judicatory in accordance with Rule XL. of General Rules for Judicatories, and thereupon the said Presbytery proceeded in the case of the Presbyterian Church in the United States of America against the Rev. Charles A. Briggs, D.D., and the said Dr. Briggs then pre- sented a paper purporting to be objections to the sufficiency of the said charges and specifications in form and legal effect ; that said paper was largely an answer to said charges or an argument npon the merits of the case, and was denominated by the said Dr. Briggs himself, a " Re- sponse to the Charges and Specifications submitted to the Presbytery of New York, by Prof. Charles Augustus Briggs, D. D.," and that the said Presbytery thereupon permitted members of the said Presbytery to discuss the merits of the main question on behalf of the accused be- fore and without permitting the Prosecuting Committee to be heard on the merits of the case. That a question as to the status of the Prosecuting Committee was raised, and the Moderator decided that the Committee was properly a Committee of Prosecution in view of the previous action of the Presbytery, and was in the house as an original party under the provisions of Section 10 of the Book of Discipline. That an appeal was taken from the decision of the Moderator, the ques- 8 tion was divided, and the Moderator was sustained in the point, that the Committee was in the house as a properly- appointed Committee of Prosecution, and also sustained in the point that the Committee, as representing the Presbyterian Church in the United States of America, was an original party in the case. That on said November fourth, A. D. 1891, the said Presbytery, after fully hearing Dr. Briggs' ''Response to the Charges and Specifications," and without permit- ting the Prosecuting Committee to be heard on the merits of the case, upon the motion of the Rev. Henry Yan Dyke, D. D., made and entered on its records its decision and final judgment dismissing the said case in the follow- ing words, to wit : '' Besolved, that the Presbytery of New York, having listened to the paper of the Rev. Charles A. Briggs, D.D., in the case of the Presbyterian Church in the United States of America against him as to the sufficiency of the charges and specifications in form and legal effect ; and without approving of the positions stated in his Inaugural Address, at the same time desiring earnestly the peace and quiet of the Church, and in view of the declarations made by Dr. Briggs touching his loyalty to the Holy Scriptures and the Westminster Standards, and of his disclaimers of interpretations put on some of his words, deems it best to dismiss the case, and hereby does so dismiss it." From the aforesaid action of the said Presbytery of New York on the said fourth day of November, A.D. 1891, in dismissing the case, the Prosecuting Committee took an appeal in the name and on behalf of the said Pres- byterian Church to the General Assembly of the Presby- terian Church in the United States of America, in accord- ance with the provisions of Sections 94 to 102, inclu- sive, of the Book of Discipline. The said Appeal was made upon six different grounds, supported by twenty-five specifications of error, and together with the written notice of Appeal required by Section 96 of the Book of Discipline, was given to the 9 Stated Clerk of the Presbytery of New York, and lodged with the Stated Clerk of the General Assembly, within the time required by Sections 96 and 97 of the Book of Discipline. The Appeal, the Record and other documents in the case were referred to the Judicial Committee of the General Assembly of 1892 at Portland, Oregon, and the follow- ing action was had thereon : " The Judicial Committee presented its report in the case of the Presbyterian Church in the U. S. of A. vs. Rev. Charles A. Briggs, D. D., which was accepted, as follows : The Judicial Committee respectfully reports that it has carefully considered the documents submitted to it in this case, and adopted the following resolutions : 1. That, in the opinion of this Committee, the Appeal taken by the Presbyterian Church in the United States of America, an original party represented by the " Commit- tee of Prosecution," appointed under Section 11 of the Book of Discipline, has been taken from the final judg- ment of the Presbytery in dismissing the case ; and that the said Committee had the right to take this Appeal representing the said original party. 2. That it finds that the notice of the Appeal has been given, and that the Appeal, Specifications of Error, and Record have been filed in accordance with Sections 96 and 97 of the Book of Discipline, and the ap]3eal is in order. 3. That, in the judgment of the Committee, the Appeal should be entertained, and a time set apart for the hear- ing of the case. In view of these considerations, the Committee reports that the Appeal is in order, and that the General Assem- bly should proceed, in accordance with the provisions of Section 99 of the Book of Discipline, by causing the judgment appealed from, the notice of Appeal, the Appeal and the specifications of the errors alleged, to be read ; then to hear the appellant by the Committee of Prosecu- tion; then the defendant in person, or by his counsel; then the appellant by the Committee of Prosecution in reply, upon the question, " Whether the Appeal shall be enter- 10 tained?" (Minutes of General Assembly, 1892, page 90.) The General Assembly was then constituted and charged, in accordance with Rule XL. of the General Rules for Judicatories, and during its sessions, on the 25th and 26th days of May, 1892, heard the Arguments of the Appellant and the Appellee upon the question whether the Ax)peal should or should not be entertained, the Assembly adopted the report of the Judicial Committee and the Appeal was entertained. (Minutes of General Assembly, 1892, pp. 118 and 119.) Against this action of the Assembly, "in entertain- ing the Appeal of the Prosecuting Committee, ^ * ^ and so giving the Committee which preferred the Charges against Dr. Briggs, standing before the Assembly and right of Appeal as an original party," a protest was presented by the Rev. S. J. McPherson, D.D., and others, which protest was ordered to be entered on the Minutes of the Assembly without answer. (Minutes of General Assembly, 1892, pp. 153, 205.) The Appeal, upon its merits, was then fully argued by the Appellant and the Appellee before the General Assem- bly, on May 28th, 1892 (Minutes of General Assembly, 1892, p.l40), and the provisions of Section 99 of the Book of Disci- pline having been fully complied with, each of the twenty-five specifications of error was sustained. The yeas and nays were ordered upon the question, "Shall the Appeal be sustained?" and 431 Commissioners voted to sustain the Appeal and 87 voted not to sustain. (Minutes of General Assembly, 1892, p. 141.) On May 30th, 1892, the Committee appointed to draft a form of Judgment to be entered in the said case sub- mitted its report and recommended the form of decree or order, which was adopted, (Minutes of the General Assembly, 1892, p. 152) and is as follows : "The Presbyterian Church 1 . .n ^.^ - ^ j^ THE I Appeal from the judg- United States of America y ^^^^^ ""^ ^?,^^ Presby- ^^ tery of New York, Rev. Charles A. Briggs, D. D. J dismissing the case. "The General Assembly having, on the 28th day of 11 May, 1892, duly sustained all the specifications of error alleged and set forth in the appeal and specifications in this case, ''It is now, May 30, 1892, ordered, that the judgment of the Presbytery of New York, entered November 4, 1891, dismissing the case of the Presbyterian Church in the United States of America against Rev. Charles A. Briggs, D. D., be, and the same is hereby, reversed. And the case is remanded to the Presbytery of New York for a new trial, with directions to the said Presbytery to proceed to pass upon and determine the sufficiency of the charges and specifications in form and legal effect, and to permit the Prosecuting Committee to amend the specifications or charges, not changing the general nature of the same, if, in the furtherance of justice, it be necessary to amend, so that the case may be brought to issue and tried on the merits thereof as speedily as may be practicable. "And it is further ordered, that the Stated Clerk of the General Assembly return the record, and certify the pro- ceedings had thereon, with the necessary papers relating thereto, to the Presbytery of New York." This mandate of the General Assembly was received by the Stated Clerk of the Presbytery of New York and submitted to the Presbytery at its meeting held on the 13th day of June, 1892, when the Presbytery ''Resolved, That in the judgment of Presbytery, the issue of the case is impracticable during the Summer, but will receive the attention of Presbytery on its reassembling in the Fall." On the 9th day of November, 1892, the Presbytery of New York met, was constituted and charged, in accordance with Rule XL. of the General Rules for Judicatories. During the first day's session of the said Judicatory, in compliance with the said mandate of the General Assem- bly, and the provisions of Section 22 of the Book of Discipline, the said Judicatory permitted the Prosecut- ing Committee to amend the Charges and Specifications theretofore submitted in this case, and the Prosecuting L2 Committee thereupon submitted amended Charges and Specifications. In the furtherance of justice, and with an earnest desire to fairly and fully meet and conform to the suggestions and objections raised by Dr. Briggs in his response to the original Charges and Specihcations, so far as such objections were valid or well taken, the Prosecuting Committee, without departing from or changing the gen- eral nature of the original Charges, made such amend- ments as appeared to them to be necessary to secure clearness and certainty as to what was charged ; also to prevent the Charges from covering more than one offence and to make the Specifications, and the proofs cited in support thereof, germane and pertinent to the Charges they were intended to sustain. The sessions of said Ju- dicatory were continued with certain interruptions for a number of days, during Avhich certain proceedings were taken as recorded in the minutes of said Judicatory, which minutes are hereby referred to as a part of the record of the proceedings in this case, which culminated in the decision and final Judgment from which this Appeal is taken. On the 9th day of January, 1893, a committee consist- ing of the Rev. George Alexander, D. D., the Rev. Henry Yan Dyke, D. D. and Elder Robert Jaffray, appointed to bring in a minute to express the action of the said Judi- catory, made its report, which was adopted by the Judicatory, and the said Presbytery, sitting in a j udicial capacity, made and entered its decision and final judg- ment in this case, in the following words, to wit : "The case of the Presbyterian Church in the United States of America against the Reverend Charles A. Briggs, D. D., having been dismissed by the Presbytery of New York on November 4th, 1891, was remanded by the General Assembly of 1892 to the same Presbytery, with instruc- tions that 4t be brought to issue and tried on the merits thereof as speedily as possible.' " *^In obedience to this mandate the Presbytery of New York has tried the case. It has listened to the evidence and argument of the Committee of Prosecution, acting in 13 fidelity to the duty committed to them. It has heard the defense and evidence of the Rev. Charles A. Briggs, pre- sented in accordance with the rights secured to every minister of the church. " The Presbytery has kept in mind these established prin- ciples of our polity, 'that no man can rightly be convicted of heresy by inference or implication'; that 'in the in- terpretation of ambiguous expressions candor requires that a court should favor the accused by putting upon his words the more favorable rather than the less favorable construction,' and 'there are truths and forms with re- spect to which men of good character may differ.' " Gfiving due consideration to the defendant's explana- tion of the language used in his Inaugural Address, accepting his frank and full disclaimer of the interi)reta- tion which has been put upon some of its phrases and illustrations, crediting his affirmations of loyalty to the Standards of the church and to the Holy Scriptures as the only infallible rale of faith and practice, the Presbytery does not find that he has transgressed the limits of liberty allowed under our Constitution to scholarship and opinion. "Therefore, without expressing approval of the critical or theological views embodied in the Inaugural Address or the manner in which they have been expressed and illustrated, the Presbytery pronounces the Rev. Charles A. Briggs, D. D., fully acquitted of the offences alleged against him, the several charges and specifications ac- cepted for probation having been 'not sustained' by the following vote : 14 SUSTAINED. NOT SUSTAINED. ►4 1 58 59 59 59 i H 55 54 54 54 15 15 15 15 i4 o H (1 Specification, J 12 [charge {^ ; ; 41 42 42 42 17 17 17 17 70 69 69 69 fl Specification, '^Charge |^ ; ; 39 89 39 39 16 16 16 16 55 55 55 55 56 56 56 56 16 16 16 16 72 72 72 72 ' Specification, . . TTT J ia., ^^^' ^ Charge \b . . L c . . 44 44 42 44 17 17 17 17 61 61 59 61 52 52 54 52 15 15 15 15 67 67 69 67 ( Specification, . . IV. 1 Charge {« ; ; 39 39 39 15 15 15 54 54 54 55 55 55 17 17 17 72 72 72 i Specification, . . V-j Charge {« ; ; 35 35 35 14 14 14 49 49 49 51 51 51 16 16 16 73 73 73 xTj j Specification, . . ^ -"• ( Charge, .... 41 41 16 16 57 57 55 55 14 14 69 69 "Accordingly, the Presbytery, making full recognition of the ability, sincerity and patience with which the Com- mittee of Prosecution have performed the onerous duty assigned them, does now, to the extent of its consti- tutional power, relieve said Committee from further responsibility in connection with this case. In so doing, the Presbytery is not undertaking to decide how far that Committee is subject to the authority of the body appoint- ing it, but intends by this action to express an earnest con- In viction that the grave issues involved in this case will be more wisely and justly determined by calm investigation and fraternal discussion than by judicial arraignment and process. '' In view of the present disquietude in the Presbyterian Church, and of the obligation resting upon all Christians to walk in charity and to have tender concern for the con- sciences of their brethren, the Presbytery earnestly c-ounsels its members to avoid on the one hand hasty or over-confident statement of private opinion on points con- cerning Willie h profound and reverent students of God's word are not yet agreed, and, on the other hand, suspicions and charges of false teaching which are not clearly capable of proof. " Moreover, the Presbytery advises and exhorts all sub- ject to its authority to regard the many and great things in which we agree rather than the few and minor things in which we differ; and, turning from the paths of con- troversy, to devote their energies to the great and urgent work of the Church, which is the proclamation of the Grospel and the edifying of the Body of Christ." From the aforesaid action, decision and final judgment of the said Presbytery of New York, sitting in a judicial capacity, taken on the ninth day of January, 1893, being the final judgment of the said Presbytery in the case of the Presbyterian Church in the United States of America against the Rev. Charles A. Briggs, D. D., in behalf of the Presbyterian Church in the United States of America, we, the undersigned, the Prosecuting Committee in the said case, do hereby appeal to your Venerable Body, the Gen- eral Assembly of the Presbyterian Church in the United States of America, in accordance with the provisions of Sections 94 to 102, inclusive, of the Book of Discipline. Under the provisions of Section IV. of Chapter XI. of the Form of Government of said Presbyterian Church, the decision of a Synod on an Appeal which affects the doc- trine of the Church, is not final. Section V. of Chapter XII. of the said Form of Govern- ment devolves upon the General Assembly " the power of 16 deciding in all controversies respecting doctrine and disci- pline ; of reproving, warning, or bearing testimony against error in doctrine * * ^ in any cliurcli, presb^^tery or synod." Section TV. of the same Chapter provides that ''The General Assembly shall receive and issue all Appeals "^ ^ ^ that affect the doctrine or constitution of the Church, which may be regularly brought before them from the inferior judicatories." Under these Sections of the Form of Government and Section 102 of the Book of Discipline, the Appeal from the former Judgment dismissing this case was taken by the Prosecuting Committee, in behalf of the said Presby- terian Church, directly from the Presbytery of New York to the General Assembly. The Supreme Court of the Church, after full discussion, assumed jurisdiction of the case, entertained the Appeal, and, after further full argu- ment, sustained the same. The General Assembly, in reversing the former Judg- ment of the Presbytery, directed that the case should be tried upon its merits by the Presbj^tery of New York, and from the result of that trial it is proper that the Appeal should be made directly to the higher Judicatory, which has already entertained jurisdiction of the case. The status of the Prosecuting Committee, as represent- ing the Presbyterian Church in the United States of America, as an original party, under Sections 10 and 11 of the Book of Discipline, having been sustained by the General Assembly of 1892, the Committee is charged with conducting the prosecution in all its stages, in whatever Judicatory, until the final issue be reached. The Prosecuting Committee cannot accept the decision of the Presbytery of New York as final, and not take an appeal therefrom, inasmuch as it would thereby assume the responsibility of acting for the entire Church and would surrender the Church' s rights and the only oppor- tunity of securing a final determination, by the General Assembly, of the questions at issue which involve most important and fundamental doctrines. 17 As the Book of Discipline, Section 96, provides that written Notice of Appeal, with the specifications of the errors alleged, shall be given within ten days after the Judgment has been rendered, the Prosecuting Committee must act promptly, and without being able to obtain in advance the instruction or wishes of the only body repre- senting the entire Church, namely, the General Assembly. If the action of the Committee in taking this Appeal does not commend itself to the court of last resort it need not be entertained, and the Aj)peal can be disndssed without prejudice to any interest. Under ordinary conditions the Prosecuting Committee would have taken this Appeal to the Synod of New York, but it does not appear to be best to do so in this exceptional case for the following reasons : 1. To secure the peace and quiet of the Church it is essential that a linal determination of the fundamental and imx^ortant questions involved should be reached by the Court of last resort at the earliest practicable date. 2. As this case involves doctrine, it must be finally de- termined by the General Assembly. The delay in reaching an ultimate decision through an appeal by way of the Synod could not be less than a year, during which the character of instruction given our candidates for the gospel ministry might be unfavorably affected. By se- curing the siDeedy decision of the Court of last resort in this case, neither the rights nor the interests of any indi- vidual would suffer. 3. If the Appeal should go to the Synod of New York and be passed upon by that Judicatory, when the case reaches the General Assembly by appeal from the de- cision of the Synod, all of tlie Presbyteries constituting that Synod would be excluded from representation in the final determination of these important questions. If the Appeal goes directly to the Assembly, the Com- missioners from only one Presbytery in the entire Church would be excluded from sitting, deliberating and voting in the final decision. In the Synod of New York there are thirty-two Presbyteries, nearly fifteen per cent, of the 18 whole number of Presbyteries in the Church. Inas- much as all these Presbyteries, excepting one, would be fully represented and heard in the General Assembly, and the General Assembly alone can give a final decision, we believe the time and the interests of the Synod of New York will be best conserved if the Assembly should entertain the Appeal according to the Committees request. This important consideration of having these questions finally determined by the representatives of substantially the entire Church, apart from the other reasons above mentioned, would seem to require, in the interest of fair- ness and justice to all concerned, that the Prosecuting Committee should take an Appeal directly to the General Assembly, and that the General Assembly should enter- tain said Appeal. The grounds of this appeal are as follows : FIRST GROUND OF APPEAL. Irregularity in the Proceedings of said Presbytery of New York. (Section 95, Book of Discipline.) SPECIFICATION FIRST. In this, that in consideration of objections offered by the accused the Presbytery of New York, sitting in a judicial capacity, required the Prosecuting Committee to amend the Amended Charges and Specifications sub- mitted to said Presbytery on the 9th day of November, 1892, by striking out Charge lY., said Charge lY. being in substance an essential part of the original Charges and Specifications in the case sent down by the last Gen- eral Assembly to the said Presbytery, with instructions that the said case be brought to issue and tried on the merits thereof. SPECIFICATION SECOND. In this, that in consideration of objections offered by the accused the said Presbytery required the said Prosecuting Committee to amend the Amended Charges- 19 and Speciiications by striking out Cliarge VII. ; said Charge VII. being in substance an essential \ydvt of the original Charges and Speciiications in the case sent down by the last General Assembly to the said Presbytery, with instructions that tlie said case be brought to issue and tried on the merits thereof. SPECIFICATION THIRD. In this, that the said Presbytery, before proceeding to trial, directed the transference of the proofs cited by the Prosecuting Committee from the Scriptures, tlie Con- fession of Faith and the Catechisms, to sustain the several Speciiications, from the Specifications to the Charges, by the following action, to wit: "Without sustaining the general objection to the relevancy of the proofs from the Scriptures, Catechisms and Confession, the Presby- tery directs the transference of these proofs from the Specifications to the Charges." SPECIFICATION FOURTH. In this, that the Moderator of the Presbytery, the Rev. John C. Bliss, D. D., w^ithout submitting the question to the Judicatory, ruled that the Rev. Joseph J. Lampe, D. D., speaking as a member of the Prosecuting Commit- tee, introduced new matter in his argument in reply to the argument of the accused, and without specifying the al- leged new matter, the Presbytery, after the close of the argument of the said Rev. Joseph J. Lampe, D. D., on behalf of the Prosecuting Committee, took the following action, to wit : " Resolved, that the Presbytery now give the defend- ant an opportunity to reply." SPECIFICATION FIFTH. In this, that by the ruling of the Moderator, re- ferred to in Specification Fourth, the said Prosecuting Committee were refused the opportunity to close the case, contrary to the practice and precedents in such cases in the Judicatories of the Presbyterian Church in the United States of America. 20 SPECIFICATION SIXTH. In this, that, notwithstanding the fact that the said Br. Briggs declined to be sworn as a witness when called upon, the said Presbytery accepted statements or ex- planations of the language used by the said accused, or disclaimers on the part of the said accused, and gave to said statements, explanations or disclaimers in the final judgment of the said Presbytery, the force of such sworn, approbated and subscribed testimony, as is described or referred to in Sections 61 and 62 of the Book of Discipline. SPECIFICATION SEVENTH. In this, that there was placed upon or in the Official Stenographic Report of the proceedings of the said Judi- catory, of December 5th, 1892, as furnished to the parties by the Stenographer, beginning at the last line on page 443 (erased page No. 461) to a point below the middle of page 468 (erased page No. 481), about twenty pages, which said twenty pages contain words and matter which were not spoken upon the floor of the Presbytery, and, as is stated by the Stenographer, were introduced into the Steno- graphic Report upon the request or suggestion of Prof. Briggs, with the approval of the Moderator, and after it had been announced to tlie Judicatory that both of the parties had fully x^^'^sented their evidence, and after tlie argument of the Prosecuting Committee had been begun. SPECIFICATION EIGHTH. In this, that there was placed upon or in the Official Stenographic Report of the proceedings of the said Judicatory, beginning at page 468 of said Official Steno- graphic Report of the proceedings of the said Presby- tery, held on Mondaj^ December 5th, 1892, fifteen or more additional printed sheets, which said fifteen or more additional printed sheets contain words and matter which were not spoken upon the floor of the Presbytery, and were introduced by the Stenographer into the official Stenographic Report of the proceedings, as said Steno- graphic Report of December 6, 1892 shows, (page 578), 21 upon the request or suggestion of Prof. Briggs and by direction of the Modei'ator, and after it had been an- nounced to the Judicatory that both of the parties had fully presented their evidence, and after the argument of the Prosecuting Committee had been begun. SPECIFICATION NINTH. In this, that the request of the Prosecuting Committee that such part of the Stenographic Report described and referred to in Specifications Seventh and Eighth as twenty pages and fifteen or more additional printed sheets, respectively, should be stricken out and that the accused should not be permitted to refer to or use any portion of such matter, or the books or documents therein referred to, as evidence upon the trial, was refused by the said Judicatory, and in this, that the record of said request was stricken from the Minutes of the said Presbytery. (See Records of the New York Presbytery, Vol. 14, pp. 395, 396.) SPECIFICATION TENTH. In this, that after the Prosecuting Committee had ob- jected to the insertion into the Official Stenographer's Report of certain words and matter,said matter being upon about twenty pages of the Stenographer's notes, and fifteen or more printed sheets being the pages and printed sheets referred to in Specification Seventh and Eighth, which said words and matter were not spoken on the floor of the Presbytery, and after the said Prosecuting Committee had requested that the said twenty pages and the said fifteen or more printed sheets should be stricken out, and that the accused should not be permitted to refer to or to use any portion of such matter or the books or documents therein referred to, as evidence upon the trial, and in this, that the said Presbytery, while retaining as a part of the Stenographer's Report, the said twenty pages and the said fifteen or more printed sheets, voted to strike out of tlie Minutes the said record of the request of the said Prospcuting Committee. 22 SPECIFICATION ELEVENTH. In this, that when the vote was taken on the said Charges and Specilications, the said Presbytery refused to permit any ol: the members of the said Judicatory to vote, to " Sustain in part," contrary to the precedents and practice of tlie judicial procedure of the Presbyterian Church in the United States of America. SPECIFICATION TWELFTH. In this, that the said Presbytery required that each item in Charges I., II., III., V. and VI. should be voted upon separately, thereby implying and proceeding upon the theory, wliich was not warranted by the facts, that each of said Charges contained more than one offence. (See Records of the New York Presbytery, Vol. 14, p. 368.) SECOND GROUND OF APPEAL. Receiving Improper Testimony. (Section 95, Book of Discipline.) SPECIFICATION FIRST. In this, that notwithstanding the fact that tlie said accused declined to be sworn as a witness when called upon, the said Presbytery accepted statements or ex planations of the language used by the said accused or dis- claimers on the part of the said accused and gave to said statements, explanations or disclaimers, in the final judg- ment of the said Presbytery, the force of such sworn, ap- probated and subscribed testimony as is described or referred to in Sections 61 and 62 of the Book of Discij^line. SPECIFICATION SECOND. In this, that the Moderator, at the request of the said accused, instructed the Stenographer, as appears by page 678 of the Stenographer's Report of the proceedings of December 6th, 1892, to insert, beginning at the last line on page 448 (erased page No. 461), to a point below the middle of page 468 (erased page No. 481) of the Official 28 Stenographer's Report of tlie proceedings of the Judica- tory at its session on Monday, December 6th, about twenty pages of stenographic notes, and also fifteen or more additional printed sheets beginning at page 468 of the Official Stenographic Report, the statements and matter contained in the said twenty pages of said Steno- graplier's notes, and in the said fifteen or more additional printed sheets, being matter or statements which were not spoken upon the floor of the Presbytery, and which were permitted to remain as a part of the Stenographer's Official Report and were received by the said Judicatory as competent evidence. SPECIFICATION THIRD. In this, that the Presbytery admitted as lawful and competent testimony any part of the quotations made by the accused, in so far as they were writings or extracts from the writings of the said accused, without his having first taken the oath or affirmation required by Section 61 of the Book of Discipline. THIRD GROUND OF APPEAL. Declining to Receive Important Testimony. (Section 95, Book of Discipline.) SPECIFICATION FIRST. In this, that the said Presbytery instructed the said Prosecuting Committee to strike out Amended Charge lY., thereby declining to permit the said Committee to prove said Charge IV. by competent evidence. SPECIFICATION SECOND. In this, that the said Presbytery instructed the said Prosecuting Committee to strike out Amended Charge yil., thereby declining to permit the said Committee to prove said Charge YII. by competent evidence. 24 FOURTH GROUND OP APPEAL. Manifestation of Prejudice in the Conduct OF THE Case. (Section 95, Book of Discipline.) SPECIFICATION FIRST. In this, that several members, hereinafter named, of the said Presbytery, sitting in a judicial capacity, who afterwards voted not to sustain each and every one of the Specifications and Charges, made statements upon the floor of the Presbytery, respectively, as hereinafter set forth, to wit : Rev. George Alexander, D. D., said : "Wliat seems to me strange, Mr. Moderator, is that one of Dr. Shedd's acknowledged logical faculty should be so blind to the distinction that ought to be made. I could adopt as my own every word of that which he quoted from Dr. Briggs, and I am not a Restorationist. The Lord has done great things for me whereof I am glad, and I confidently believe that he is going to do a great deal more for me hereafter. But that has nothing to do with the question as to whether Dr. Briggs holds that there is redemption in the world to come for those who die in sin. The difficulty is, that this Charge imputes to Dr. Briggs views which he distinctly says he does not hold." * ^ * * ' When Dr. Briggs intimated a suspicion that the Prosecuting Committee might be holding back de- liberately with testimony or evidence in order to crush him with it after the oi3portunity for response had gone by, I resented that suspicion, and if it had been in order I should have risen in my place and asked him to with- draw those words because it seemed to me an unworthy suspicion. Now, that the suspicion seems to be justified by the event, I am at a loss what to say. I am puzzled and distressed. The members of this Prosecuting Com- mittee are my personal friends ; I cannot believe that there is one of them that would consciously do an in- 25 justice. I won't believe it, but I cannot shrink from the fact that a wrong has been done in some way and the more I think of it and the more I think of the defendant, from whom I differ so widely, worn out and weak and suf- fering from this terrilic strain, required now to meet this fresh assault — why, the more every drop of Anglo-Saxon blood in me protests against it. We cannot remedy the wrong. All that we can do is to give the defendant, if he desires it (I hoj^e he will not desire it), an opportunity to meet this fresh evidence and this fresh argument ; giving him reasonable time to prepare his defense, and, if need be, giving the prosecution the last word. I should not object to that at all. But, having spent so much time, we cannot afford to seem, even, to do an injustice to any one." Rev. Antonio Arreghi, said : " An engagement made long before this Court, and made out of fidelity to my work, renders it impossible for me to attend at the sessions of this Court to-morrow and the day after. I therefore ask the unanimous consent of the House to excuse me for those two days. It seems to me a great injustice because I have an engagement, over which I have no control in the least, and if I am not enrolled, it deprives me of the right to vote on this trial. I may say right here that it is well known by the Brethren on which side of the House each man stands on this floor." [Cries of No ! no !]. Rev. Henry M. Field, D.D., said : "I wish at the beginning of this trial we might have one vote that could be unanimous. We are all anxious to hurry on this matter as much as possible. I believe our excellent friends of the Prosecuting Committee would be very glad if this Presbj^tery would relieve them of the necessity of pressing these two portions of their Charges. Let us be unanimous. I do not think Col. McCook would be at all sorry to have these two Charges stricken out. There are enough Charges left any way to sink a slii]). Let us go to trial on them and, if possible, unite in this 26 first disposal of these two Cliarges, wliicli will be a most happy and auspicious omen for all the rest." Rev. Thomas S. Hastings, D.D., said : "The change is radical, in my judgment, between this amended Charge lY. and what was in the former Charges. It gives the lie direct. That is the plain English of it and there is no getting around that by any casuist. Dr. Briggs has told this Presbytery that he does not hold such views, and in his demurrer he has reiterated it. Now, to bring before such a body as this a Charge to try a man upon, assuming that it is doctrinal, when it is really moral — being a question whether he lies or not— is certainly a very serious and a very radical change. "^ ^ "^ * I said that the charge does give him the lie direct and I adhere to it. I did not say, however, that the Com- mittee called Dr. Briggs a liar. ^ '^ * And I take it that he himself is to be accepted as an authority as to what he meant in that Inaugural Address and in anything else that he has said or published, and what has seemed to me extremely unfair and ungenerous on the part of some is the persistent effort to read into his language what he says distinctly was not in his mind and was not his inten- tion. A man must be his own interpreter, and, as I understand it, Dr. Briggs is before this body saying that he intended no such thing as is charged against him. When a man says that about a charge, it seems to me that it is utterly out of character and out of keeping for the Presbytery to insist upon that Charge. Accept the man's disclaimer and denial and let the Charge be with- drawn." Rev. Henry Van Dyke, D.D., said : ' ' I can very readily specify some new matter that has been introduced. It is quite evident that new matter has been introduced [cries of '' No ! no ! "]. Those who do not yet see it will see it w^hen the Court comes to vote upon it. So it is simply a matter of fairness and justice that we should allow the defendant, if he wishes it, to reply. It would be an unheard of thing in any civil Court that a prosecution should be allowed to traverse new ground 27 and that tlie accused should not be allowed to be heard or to offer evidence in rebuttal. It is a thing to cause the blood of an Anglo-Saxon to boil within him, every drop of it, too. Moreover, Mr. Moderator, it is not simply that new matter has been introduced, but that statements which have been made by the defendant again and again upon this floor in respect to doctrines which he rejects, have been again attributed to him. And I maintain that it is simply a matter of fairness and candor that we should make this offer to Dr. Briggs, wiiether he will accex)t it or not, for the sake of the honor of this House and in the way of decenc}^" SPECIFICATION SECOND. In this, that while the said Presbytery in obedience to the mandate of the last General Assembly has issued and tried the case, it has not tried it fully on the merits thereof, as is evinced by the striking out of Charges TV. and VII. of the Amended Charges and Specifications. SPECIFICATION THIRD. In this, that said Presbytery, in said final judgment, by attempting to relieve the said Prosecuting Committee from further responsibility in connection with this case appears to hinder and prevent the attainment of the ends of discipline, apparently aiming to now terminate the said case, and thus secure the same result that the said Presbytery attempted to reach on November 4th, A. D. 1891, by voting to dismiss the said case. SPECIFICATION FOURTH. In this, that the said Presbytery, in said final judgment, expresses ^'an earnest conviction that the grave issues involved in this case will be more wisely and justly deter- mined by calm investigation and fraternal discussion than by judicial arraignment and process," notwithstanding the fact that the General Assembly directed the case to be tried on the merits thereof and thereby expressed a no less earnest conviction that the grave issues involved 28 should be determined by judicial arraignment and process. SPECIFICATION FIFTH. In this, that sundry members of the said Presbytery, to wit : Rev. Francis Brown, D. D., Rev. Henry M. Field, D. D., Rev. Thomas S. Hastings, D. D., Rev. J. Hall McHvaine, D. D., and Rev. Henry Van Dyke, D. D., sat and deliberated in the trial of this case and voted to acquit the said accused, upon each and every specifica- cation and charge, after manifestations of prejudice in the conduct of the case, on the part of the said members was charged in the appeal to and sustained by the General Assembly of 1892. SPECIFICATION SIXTH. In this, that sundry Directors, Officers and Professors of Union Theological Seminar}^, to wit : Rev. Francis Brown, D. D., Rev. Edward L. Clark, D. D., Rev. Charles R. Gillett, D. D., Rev. Thomas S. Hastings, D. D., Rev. J. Hall Mcllvaine, D. D., Rev. Philip Schaff, D. D., Rev. W. M. Smith, D. D., Rev. Marvin R. Vincent, D. D., and William A. Wheelock, Esq., sat and deliberated in the said trial and voted to acquit the said accused upon each and every specilication and charge, said Directors, Officers and Professors having previously approved and published the said Inaugural Address, as appears in the first edition which bears the imprint : " Printed for The Union Theological Seminary, New York, 1891," ' ' Copja-ight, 1891, by The Union Theological Semi- nary," and as also appears in the second edition of said Inaugural Address, which was also " Copyright, 1891, by Tlie Union Theological Seminary," which said Inaugural Address contained the alleged erroneous doctrines for the holding and publishing of which doctrines the accused was then on trial. FIFTH GROUND OP APPEAL. Mistake or Injustice in the Decision. SPECIFICATION FIRST. In this, that the said Presbytery having declared the 29 said Amended Charges and Specifications sufficient in form and legal effect and tlie said accused having repeat- edly admitted the facts as set forth in the said several Specifications, the said Presbytery was inconsistent and erred in not accepting the said admissions of the said ac- cused and in not sustaining the said Charges as its final judgment. SPECIFICATION SECOND. In this, that the said final judgment of the said Pres- bytery was not warranted by the law and the evidence, because the Court had decided that the Charges were suf- fici-^Mit in form and legal effect ; that is, it had already substantially determined that if the accused had taught the doctrine with which he was charged, he was guilty of an offence. The several Charges alleged an offence and the several allegations were proved by extracts from the Inaugural Address cited in the several Specifica- tions, and said extracts were admitted as authentical by the accused, and were not retracted by him. The proof was therefore complete. Said accused also introduced his own writings as evidence, v/hich writings, so introduced, contained the extracts recited by the Prosecuting Com- mittee in the several Specifications. If the accused had brought evidence to show that he had made no such utter- ances as were contained in the specifications, then and then only should he have been "fully acquitted." The indictment had been found in order. The evidence was unchallenged and the judgment should have been "guilty as charged." SPECIFICATION THIRD. In this, that the said final judgment of the said Presby- tery, which disclaims to be an expression of the approval of the critical or theological views embodied in the said Inaugural Address, is, in fact, an approval of said critical or theological views and will have the effect of encourag- ing the dissemination of said views and will further increase the present disquietude in the said Presbyterian Church and practically sets at naught the declaration 30 of the General Assembly of 1892, as found on page 17^ of its Minutes, in which said General Assembly "re- minds all under its care that it is a fundamental doctrine that the Old and New Testaments are the inspired and infallible word of God," and that "our Church holds that the inspired Word, as it came from God, is without error. The assertion of the contrary cannot but shake the confidence of the people in the sacred Books." SPECIFICATION FOURTH. In this, that the said final judgment is vague and un- certain, inasmuch as said judgment gives due considera- tion to the defendant's explanation of the language used in his Inaugural Address and accepts his disclaimer of the interpretation which has been put upon some of its phrases and illustrations, but does not specify which explanations, phrases or illustrations, or whether such ex- j)lanations or disclaimers relate to the portions of the said Inaugural Address upon which the Charges and SiDecifications are based, and the said judgment is also vague and uncertain in the statement that the said accused has not transgressed the limits of liberty allowed under our Constitution to scholarship and opinion. SPECIFICATION FIFTH. In this, that the said final judgment is based wholly, or in part, on the affirmation of loyalty made by the said defendant to the Standards of the Church and to the Holy Scrij)tures, as the only infallible rule of faith and practice, when such affirmations consisted only of unsworn statements, which statements were not competent evidence and should have had no greater weight or influence in shaping the final judgment than the ordinary and tech- nical plea of "not guilty." SPECIFICATION SIXTH. In this, that the said Presbytery received and was- moved by unsworn and improper testimony in making its decision or final judgment, said improper testimony 31 being statements and arguments for the defence of said accused, touching the merits of the case and being ex- planations made by the accused of the language used in his Inaugural Address and also statements referred to in the said final judgment, as a frank and full disclaimer of the interpretation which has been put upon some of its^ phrases and illustrations and in giving to the argument of the said accused, as counsel in his own behalf, the con- sideration due to sworn and approbated testimony as provided for in Sections 61 and 62 of the Book of Discij)line. SPECIFICATION SEVENTH. In this, that said final judgment is vague and mislead ing and confounds unjustifiable controversy with useful and constitutional discipline, ignoring the fact that "The ends of Discipline are the maintenance of the truth, the vindication of the authority and honor of Christ, the removal of offences, the promotion of the purity and edification of the Church, and the spiritual good of offenders." (Book of Discipline, Sec. 2.) SPECIFICATION EIGHTH. In this, that said final judgment is misleading and un- just, because it evidently but erroneously aims to set forth that there has been an effort to convict the accused by inference or implication, and in quoting the words '' there are truths and forms with respect to which men of good character may differ," seems to deny and make light of the well-established principle of our polity, that there are also truths and forms with respect to which men of good character, who have assumed the ordination vows of a Minister in the Presbyterian Church in the United States of America, should not differ. SPECIFICATION NINTH. In this, that upon December 28th, 1892, when the Rev. George Alexander, D. D., offered a resolution as fol- lows, to wit : 32 "The Court deems it projjer to declare that a vote by any member of this Court not to sustain the charges pre- ferred against Rev. Charles A. Briggs, D. D., does not denote approval of his theological or critical views or of the manner in wliicli they have been advanced, but only a judgment that the specific charges have not been estab- lished, '' and after the said resolution had been discussed, it was laid on the table, and subsequently, after the vote on the Charges and Specifications had been taken the said resolution of Dr. Alexander was again taken up and referred to the Committee appointed to prepare the final judgment. SPECIFICATION TENTH. In this, that the said Presbytery, on January 9tli, A. D. 1893, sitting in private session, refused to strike out of the resolution offered by Rev. Geo. Alexander, D.D., and referred to in Specification Ninth, the words, "does not denote approval of his theological or critical views or of the manner in which they have been advanced." SPECIFICATION ELEVENTH. In this, that the said final judgment of the said Presbytery is contradictory in form and effect, because in said final judgment the said Judicatory disclaimed agreement with the critical or theological views held by the accused, which were pronounced by said Judicatory when they voted not to sustain the charges, as in agreement with the Scriptures and the Standards. By reason of their ordination vows and obli- gations, the views of all the members of the said Judica- tory must be assumed to have been in agreement with the Scriptures and Standards. Therefore, if the views of the accused were in agreement with the Scriptures and the Standards, and if the views of the majority of the mem- bers of the said Judicatory were not in agreement with those of the accused, then the views of the majority of the members of the said Judicatory must, according to the final judgment, have been in disagreement with the Scriptures and the Standards. 33 It cannot be urged that there was room for the agree- ment of both the views of the accused and the views of the majority of the members of the said Judicatory with the Scriptures and the Standards, because said Judicatory had already determined when the cliarges were pro- nounced sufficient in form and legal effect, that the said views, if held by the accused, constituted an offence. The Judicatory was therefore shut up to one of two legal and proper courses, either to declare that they agreed with the views of the accused, or to declare that the views of the accused disagreed with the Scriptures and the Standards. In the former case they should have refrained from dis- claiming agreement with the views of the accused ; in the latter case they should have voted to sustain the charges. There is, therefore, a contradiction in the form and effect of the final judgment. And in conclusion your Appellant prays your Vener- able Body, the General Assembly of the Presbyterian Church in the United States of America, to receive and issue this appeal, and to ta,ke therein such action as in your wisdom may seem best, in order to secure and preserve the purity and peace of our Church. The Presbyterian Church in the United States of America, represented by GEOKGE W. r. BIKCH,] JOSEPH J. LAMPE, ROBEKT F. SAMPLE, JOHN J. STEVENSON, JOHN J. McCOOK, Prosecuting C^-nimittee, Appellant. 34 Pkesbytery of New Yopjv. 153 East 78tli Street, New York, January 19th, 1893. Rev. G. W. F. Birch, D. D., Chairman Prosecuting Committee. Dear Sir : I liave received, in due time, from the Prosecuting Committee representing the Presbyterian Church in the United States of America, in the case of the said Presby- terian Church against the Rev. Charles A. Briggs, D. D., written Notice of Appeal, with specifications of the errors alleged in the said case, to the Gfeneral Assembly, from the decision and final judgment of thePresbytery of New York, entered on the ninth day of January, 1893, and have placed the same on file. Yery truly yours, S. D. Alexander, Stated Clerk. ONE HUNDRED AND FIFTH General Assembly of the Presbyterian Church In the United States of America, ^?VASHIN0T01Sr, D. C, IvlAY, 1S93. THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA, AGAINST THE REV. CHARLES A. BRIGGS, D. D. Record of all Proceedings had in the Presbytery OF New York, as shown by the Minutes of the Judicatory during the trial of the case. 37 The Following is a Record of all Proceedings HAD IN THE PrESBYTERY OF NeW YoRK, AS shown by the minutes of the Judicatory during the Trial OF THE Case. The Marginal Numbers Indicate the Pages of the Written Record of Minutes of the Presbytery. Lecture Room, Scotch Church, June 13, 1892. The following attested copy of the judgment of the 226 General Assembly in the case of the Presbyterian Churcli in the United States of America against the Rev. Charles A. Briggs, D. D., being an appeal from the Presbytery of 227 New York dismissing the case, was received from the Stated Clerk of the General Assembly. The Presbyterian Church in the 1 ^^^^^^ ^^^^^ ^;^^ United States of America I judgment of the . , > Presbytery of «^«^^^^ ( mw Yori dis- Rev. Charles A. Briggs, D. D. 1 missing the case. The General Assembly having on the 28th day of May, 1892, duly sustained all of the specifications of error alleged and set forth in the appeal and specifications in this case, It is now, May 30, 1892, ordered that the judgment of the Presbytery of New York, entered November 4, 1891, dismissing the case of the Presbyterian Church in the United States of America against Rev. Charles A. Briggs, D. D., be, and the same is hereby, reversed, and the case is remanded to the Presbytery of New York for a new trial, with directions to said Presbytery to proceed 88 228 to pass upon and determine tlie sufficiency of the charges and specifications in form and legal effect, and to permit the Prosecuting Committee to amend the specifications or charges, not changing the general nature of the same, if, in the furtherance of justice, it be necessary to amend, so that the case may be brought to issue and tried on the merits thereof as speedily as may be practicable. A nd it is further ordered, that the Stated Clerk of the General Assembly return the record and certify the pro- ceedings had thereon, with the necessary papers relating thereto, to the Presbytery of JSTew York. Presbytery, on motion, adopted the following : Whereas, Presbytery has received the official notice of the action of the General Assembly in the matter of the 229 appeal against the Presbytery in dismissing the case against the Eev. Charles A. Briggs, D. D., Resolved, that in the judgment of Presbytery the issue of the case is impracticable during the summer, but will receive the attention of Presbytery on its re-assembling in the fall. 253 BRIGGS CASE. New Yokk, 9th November, 1892. Scotch Church, 2 p. m. Presbytery met, in accordance with the direction of the General Assembly, to take up the judicial case of the Presbyterian Church in the United States of America against the Kev. Charles A. Briggs, D. D. Constituted by prayer. Present : Ministers — John C. Bliss, Mod'r; Geo. Alexan- der, Sam. D. Alexander, Anson P. Atterbury, W. Wallace Atterbury, Geo. W. F. Birch, Nicholas Bj erring, Robert R. Booth, Samuel Boult, Saml. Bowden, Thomas S. Bradner, Charles A. Briggs, Francis Brown, John M. Buchanan, Walter D. Buchanan, James Chambers, Henry B. Chapin, Edward L. Clark, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Wm. Durant, Thomas 39 Douglas, Howard Duffield, John II. Edwards, Frank F. Ellinwood, Henry B. Elliot, Wm. T. Elsing, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, 254 Charles H. Gardner, Charles R. Gillett, Henri Grand- lienard, James Hall, A. Woodruff Ilalsey, Wm. R. Har- shaw, Thomas S. Hastings, Spencer L. Hillier, Edward W. Hitchcock, James H. Hoadley, James Hunter, A. D. Lawrence Jewett, Albert B. King, Saml. M. Jackson, A. Dunlap King, Joseph J. Lampe, Sidney G. Law, Theo- dore Leonhard, Joseph P. Lestrade, Milton S. Littleiield, John C. Lowrie, Daniel L. Lorenz, Geo. C. Lucas, Wm. M. Martin, Charles P. Mallery, Francis H. Marling, Henry M. McCracken, Henry T. McEwen, James H. Mcllvaine, Alexander H. McKinney, Alex. McLain, Horace G. Miller, Geo. J. Mingins, William L. Moore, James C. Nightingale, Israel H. Northrup, Geo. Nixon, Daniel H. Overton, Charles H. Parkhurst, Levi H. Parsons, James G. Patterson, John E,. Paxton, Wm. M. Paxton, Edward P. Payson, Geo. S. Payson, Geo. L. Prentiss, Daniel Redmon, James S. Ramsey, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliffson, Robert F. Sample, Josej)h Sanderson, Wm. A. Rice, Joseph A. Saxton, Philip Schaff, Adolphus F. Schauffler, J. Balcom Shaw, Geo. L. Shearer, Andrew Shiland, '255 David G. Smith, Roswell D. Smith, Wilton M. Smith, John M. Stevenson, Wm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spining, Charles L. Thompson, John J. Thompson, Charles H. Tyndall, Henry M. Tyndal, Henry VanDyke, Marvin R. Vincent, Abbott L. R. Waite, Thomas G. Wall, W. Scott Watson, Geo. S. Webster, Erskine N. White, Gaylord S. White, John T. Wilds, Livingston Willard, Geo. W. Wood, David G. Wylie, Duncan J. McMillan. Elders — Moses P. Brown, Adams Mem'l; James 256 Tompkins, Bethany ; Albert R. Ledoux, Brick ; A. P. Ketcham, Calvary, Wm. Mickens, Central ; Andrew Robinson, Christ ; James McDowell, East Harlem ; H. Edward Rowland, Fifth Ave. ; Wm. McJimp- fiey, First ; Geo. P. Hotaling, First Union ; John 40 Mc William, Fourtli ; Geo. E. Sterry, Fourth Ave. ; SamL H. Willard, Harlem ; Joseph Moorhead, Knox ; Charles H. Woodbury, Madison Square ; Robert Johnson, Mor- risania First ; Thomas Anderson, New York ; G. C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phillips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Wm. M. Onderdonk, Rutgers ; Robert Houston, Scotch ; John Denham, Sea and Land ; Joseph La Boyteaux, Seventh ; James L. Wilson, Spring St. ; Wm. R. Worral], Thirteenth St. ; Thomas Bond, Uni- versity Place ; Robert Gentle, Union Tabernacle ; Wm. A. Wheelock, Washington Heights ; Robert Jaffray, West ; Clarence P. Leggett, West End ; Alex'r Wilson, W. Fifty-First St. ; Thomas Anderson, New York. The Committee of Arrangements appointed at the last regular meeting of the Presbytery reported as follows : 257 The Committee of Arrangements would report that the instructions of Presbytery relative to the appointment of an oihcial stenographer has been fully carried out. We have secured the services of Mr. Charles A. Mor- rison, who agrees to furnish three type-written copies of the stenographic report daily, it being understood that the official report is the exclusive property of the Presby- tery. The Committee also reports that sufficient space has been reserved for members of the Presbytery and visiting clergymen, and the families of those most interested in the proceedings ; the remainder of the space to be open to the public. The rex)ort was accepted and adopted. 258 By direction of Presbytery, the Moderator appointed, as an additional temporary clerk, the Rev. Thomas Douglas. The Moderator now announced that the Body was now about to be constituted a Court of Jesus Christ, and he solemnly admonished the members of Presbytery to recol- lect and regard the high character of the position they were to occupy as Judges. 41 The following action of the General Assembly was then read. (See page 227 of this volume.) Whereupon the Moderator asked if the Charges and Specifications, before presented, were to be those upon which the trial was to proceed, or if the Prosecuting Committee wished to present amended Charges and Speci- fications. Dr. Briggs then submitted the following objections to the procedure : I do hereby submit to Presbytery the following objec- ^oQ- tions to the procedure : 1. A Committee originally appointed to "arrange and prepare the necessary proceedings appropriate in the case of Dr. Briggs," appears before you claiming to be a Committee of Prosecution^ and they are recognized as such by the Moderator, giving them the floor to act in that capacity. But their right so to act is legally ques- tioned by complaint to the Synod of New York, and it has not yet been lawfully determined by the Synod. 2. This Committee appeared before the last General Assembly as an original party ^ and acted as such by presenting an appeal against the judgment of the Presby- tery in dismissing the case against me. They now appear before j^ou as an original party, successful in their appeal. Their right to act as an original party is ques- tioned in the said complaint, and it has not been lawfully 260 determined by the Synod. 3. This Committee claims to represent the Presbyterian Church in the United States of America, and to be inde- pendent of this Presbytery which appointed them. They acted independently of the Presbytery by aj)pealing to the General Assembly against the judgment of the Pres- bytery in dismissing the case against me. They now ap- pear before you with a reversal of the judgment of the Presbytery which they have obtained. Their right to act index)endently of the Presbytery is questioned in the said complaint and it has not yet been lawfully determined by the Synod. 42 4. This Committee appears before you, having acted, as is claimed, in violation of the Constitution of the Church, which provides that when a complaint has been signed by more than one-third of those present and voting in the Pres- ^^1 by tery, it acts as a stay to further proceedings . The above- mentioned complaint, signed by a majority of the voters, has been filed with the Synod of New York, and has been found in order by the Synod of New York, and is now in possession of that Synod. Until the questions raised in such complaint have been determined, this Committee cannot legally take any action in the matters complained of. They cannot act as a Prosecuting Committee, or as an original party, or as independent of the Presbytery, and you cannot allow them so to act without a viola- tion of the law of comx^laint embedded in the Constitu- tion of the Church. Inasmuch as the Synod of New York suggested that the complainants, being, according to the number of signers in the comx)laint, a majority of the Presbytery, "may have the remedy in their own hands," the Presbytery are respectfully requested to apply the said remedy and in accordance with the provision of the Book of Disci- pline, to determine these preliminary objections. [Signed.] C. A. Briggs. 562 Elder John J. McCook, of the Prosecuting Committee, was then heard in reply to these objections. A point of order was here raised as to whether any- thing is in order except the consideration of the specilic action of the General Assembly. The Moderator decided that the point of order was well taken. That the raising of the question of the status of the Prosecuting Committee and of its right to appear and continue the conduct of this case is not now in order for these reasons : 1 st. That this whole question was fully discussed and decided by the Judicial Committee of the General Assembly. 2d. That the recognition of the status of the Committee and its powers as defined in the appeal were embodied in 43 the Judicial Committee's report, recommending tlie entertainment of the appeal. 3d. That in the minutes of the General Assembly, 263 giving its findings in the case, the Committee's status is clearly recognized. 4th. That the protest recorded in the minutes of tlie General Assembly by those objecting to its action, was based, on the fact, that its action in entertaining the appeal gave the committee the standing and powers claimed for it ; and Lastly. That the order sending the case again to this Presbytery, requiring us to proceed to pass upon and determine the sufficiency of the Charges and Specifications, as to form and legal effect, and to proceed with the trial, this being the single point before us to be acted upon, there- fore the Moderator' s decision is, that this question is out of order. An appeal to the house against the Moderator's decision was then taken. On a vote being taken, m 264 division was called for, which resulted in 73 to 58 in favor of the Moderator' s decision. Dr. Briggs then gave notice of an ax)peal and complaint to the Synod. The Prosecuting Committee now declared that they Avere ready to present Amended Charges and Specifica- tions. Dr. Briggs assented. On motion they were permitted to ]3resent such Amended Charges and Specifications as follows : 44 264 PRESBYTERY OF NEW YORK. The PRESBYTERiAisr CiiuRcn in the United States OF America AGAINST The Rev. Charles A. Briggs, D. D. AMENDED CHARGES AND SPECIFICATIONS, Charge I. The Presbyterian Church in the United States of America charges the Re^. Charles A. Briggs, D. D., being 265 a Minister of the said Church and a member of the Presbytery of New York, with teaching that the Reason is a fountain of divine authority which may and does Savingly enlighten men, even such men as reject the Scriptures as the authoritative proclamation of the will of God and reject also the way of salvation through the mediation and sacrifice of the Son of God as revealed therein; which is contrary to the essential doctrine of the Holy Scripture and of the Standards of the said Church, that the Holy Scripture is most necessary, and the rule of faith and practice. SPECIFICATION I. In an Inaugural Address, which the said Rev. Charles A. Briggs, D. D., delivered at the Union Theological Seminary in the City of New York, January 20th, 1891, on the occasion of his induction into the Edward Robin- son Chair of Biblical Theology, which Address has been 266 published and extensively circulated with the knowledge and approval of the said Rev. Charles A. Briggs, D. D., and has been republished by him in a second edition with a preface and an appendix, there occur the following sentences : 45 Page 24, lines 7-10 and 31-33 : '' Divine authority is the only authority to which man can yield implicit obedience, on which he can rest in loving certainty and build with joyous confidence. * * * There are historically three great fountains of divine authority — the Bible, the Church, and the Reason." Page 27, lines 9 to 21 : "Martineau could not find divine authority in the Church or the Bible, but he did find God enthroned in his own soul. There are those who would refuse these rationalists a place in the company of the faithful. But they forget tliat the essential thing is to find God and divine certainty, and if these men have found God with- out the mediation of Church and Bible, Church and Bible are means and not ends ; they are avenues to God, 267 but are not God. We regret that these rationalists de- preciate the means of grace so essential to most of us, but we are w^arned lest we commit a similar error, and depreciate the reason and the Christian consciousness." Inaugural Address, Appendix, Second Edition, pages 88, 89 : " (c.) Unless God's authority is discerned in the forms of the Reason, there is no ground upon which any of the heathen could ever have been saved, for they know nothing of Bible or Church. If they are not savingly enlightened by the Light of the World in the forms of the Reason the whole heathen w^orld is lost forever." SPECIFICATION IL In an Inaugural Address, which the said Rev. Charles A. Briggs, D. D., delivered at the Union Theological Seminary in the City of New York, January 20th, 1891, on the occasion of his induction into the Edward Robin- son Chair of Biblical Theology, which Address has been published and extensively circulated with the knowledge and approval of the said Rev. Charles A. Briggs, D. D., and has been republished by him in a second edition with a preface and an appendix, there occur the follow- ing sentences : 46 Page 28, lines 1 to 22 : "(3.) The Authority of Holy Scripture. — We have examined the Church and the Reason as seats of divine authority in an introduction to our theme, the Authority of the Scriptures^ because they open our eyes to see mis- takes that are common to the three departments. Prot- estant Christianity builds its faith and life on the divine authority contained in the Scriptures, and too often depreciates the Church and the Reason. Spurgeon is an exami)le of the average modern Evangelical, who holds the Protestant position, and assails the Church and Reason in the interest of the authority of Scripture. But the average opinion of the Christian world would not assign him a higher place in the kingdom of God than Martineau or Newman. May we not conclude, on the whole, that these three representative Christians of our time, living in or near the world's metropolis, have, each in his way, found God and rested on divine authority? May we not learn from them not to depreciate any of the means whereby God makes himself known to men ? Men are influenced by their temperaments and environments w^hich of the three ways of access to God they may pursue." These declarations are contrary to Scripture : Isaiah viii. 20. To the law and to the testimony : if they speak not according to this word, it is because there is no light in them. Matt. X. 32, 33. — 32 Whosoever therefore shall confess me before men, him will I confess also before my Father 270 w^hich is in heaven. 33 But whosoever shall deny me before men, him will I also deny before my Father which is in heaven. Luke xvi. 29-31. — 29 Abraham saith unto him. They have Moses and the prophets ; let them hear them. 30 And he said, Nay, father Abraham : but if one went unto them from the dead, they will repent. 31 And he said unto him. If they hear not Moses and the prophets, neither will they be persuaded, though one rose from the dead. 47 John V. 39. Searcli the Scriptures ; for in them ye think ye have eternal life ; And they are they which testify of me. John xiv. 6. Jesus saith unto him, I am the way, and the truth, and the life : no man corneth unto the Father, but by me. 1 John V. 10. He that believeth on the Son of God hath the witness in himself : he tliat believeth not God hath made him a liar, because he believeth not the record that God gave of his Son. Gal. i. 9. As we said before, so say I now again, If any inian preach any other gospel unto you than that ye 271 have received, let him be accursed. 2 Timothy iii. 15-17. — 15 And that from a child thou hast known the Holy Scriptures, which are able to make thee wise unto salvation through faith which is in Christ Jesus. 16 All Scripture is given by inspiration of God, and is profitable for doctrine, for reproof, for correction, for instruction in righteousness : 17 That the man of God may be perfect, thoroughly furnished unto all good works. 2 Peter i. 19-21. — 19 We have also a more sure word of prophecy ; whereunto ye do well that ye take lieed, as unto a light that shineth in a dark place, until the day dawn, and the day star arise in your hearts : 20 Knowing this first, that no prophecy of the Scripture is of any private interpretation. 21 For the prophecy came not in old time by the will of man : but holy men of God spake as they loere moved by the Holy Ghost. These declarations are contrary to the Standards : 272' Confession of Faith, Chap. L, Sees. I., Y., YI., X. I. Although the light of nature, and the works of crea- tion and providence, do so far manifest the goodness, wisdom, and power of God, as to leave men inexcusable ; yet they are not sufficient to give that knowledge of God^ and of his will, lohicli is necessary unto salvation; therefore it pleased the Lord, at sundry times, and in divers manners, to reveal himself, and to declare that liis will unto his church ; and, afterwards, for the better 48 preserving and propagating of the trutli, and for the more sure establishment and comfort of the church against the corruption of the flesh, and the malice of Satan and of the world, to commit the same loholly unto loriting : whicJi maketh the Holy Scripture to he most necessary ; those former ways of God's revealing his will unto his 273 people being now ceased. Y, We may be moved and induced by the testimony of the church to an high and reverent esteem for the Holy Scripture ; and the heavenliness of the matter, the efficacy of the doctrine, the majesty of the style, the consent of all the parts, the scope of the whole, (which is to give all glory to God,) the full discovery it makes of the only loay of man^ s salvation^ the many other incom- parable excellencies, and the entire perfection thereof, are arguments whereby it doth abundantly evidence itself to be the word of God ; yet, notwithstanding, our full persuasion and assurance of the infallible truth, and divine authority thereof, is from the inward work of the Hol}^ Spirit, hearing witness hy and with the word in OUT hearts. 274 VI- Th^ whole counsel of God^ concerning all things necessary for his own glory ^ man! s salvation, faith., and life., is either expressly set down in Scripture, or hy good and necessary consequence may he deduced from Scripture: unto which nothing at any time is to he added., lohether hy new revelations of the Spirit, or tra- ditions of men. Nevertheless we acknowledge the in- ward illumination of the Spirit of God to be necessary for the saving understanding of such things as are revealed in the word ; and that there are some circumstances con- cerning the worship of God, and government of the church, common to human actions and societies, which are to be ordered by the light of nature and Christian prudence, according to the general rules of the word, which are always to be observed. X. The Supreme Judge, by which all controversies of religion are to be determined, and all decrees of councils, 49 opinions of ancient writers, doctrines of men, and private 275 spirits, are to be examined, and in whose sentence we are to rest, can he no other hut the Holy Spirit speaking in the Scripture. Larger Catechism. Q. 2. Hoio doth it aj)pear that there is a God f A. The very light of nature in man, and tlie works of God, declare plainly that there is a God ; hut his word and Spirit only, do sufficiently and effectually reveal him unto men for their salvation. Q. 3. What is the Word of God? A. The Holy Scriptures of the Old and New Testa- ment are the word of God, tlie only rule of faith and ohedience. Shorter Catechism. Q. 2. What rule hath God given to direct us hoio we may glorify and, enjoy him f A. The word of God, which is contained in the Scrip- tures of the Old and New Testaments, is the only rule to direct us hoio loe may glorify and enjoy him. Charge II. 319 The Presbyterian Church in the United States of America charges the Rev. Charles A. Briggs, D. D., being a Minister of the said Church and a member of the Presbytery of New York, with teaching that the Church Is a fountain of divine authority which, apart from the Holy Scripture, may and does savingly enlighten men ; which is contrary to the essential doctrine of the Holy Scripture and of the Standards of the said Chun^h, that the Holy Scripture is most necessarj^ and the rule of faith and practice. SPECIFICATION I In an inaugural address, which the said Rev. Charles A. Briggs, D. D., delivered at the Union Theological Semi- 320 nary in the City of New York, January 20, 1891, on the 50 occasion of his induction into the Edward Robinson Chair of Biblical Theology, which Address has been published and extensively circulated w^ith the knowledge and ap- proval of the said Rev. Charles A. Briggs, D. D., and has been republished by him in a second edition with a preface and an appendix, there occur the following sentences : Page 24, lines 7-10 and 31-33 : '' Divine authority is the only authority to which man can yield implicit obedience, on which he can rest in loving certainty and build with Joyous confidence. * "^ * There are historically three great fountains of divine authority — the Bible, the Church, and the Reason. Page 25, lines 1 to 14, inclusive : '*(!.) The Authority of the Church. — The majority of Christians from the apostolic age have found God through 321 the Church. Martyrs and Saints, Fathers and Schoolmen, the profoundest intellects, the saintliest lives, have had this experience. Institutional Christianity has been to them the presence-chamber of God. They have therein and thereby entered into communion with all saints. It is difficult for many Protestants to regard this experience as any other than pious illusion and delusion. But what shall we say of a modern like Newman, who could not reach certainty, striving never so hard, through the Bible or the Reason, but who did find divine authority in the institutions of the Church % ' ' SPECIFICATION II. In an Inaugural Address, which the said Rev. Charles A. Briggs, D. D., delivered at the Union Theological Semi- nar}^ in the City of New York, January 20, 1891, on the occasion of his induction into the Edward Robinson Chair 3^?2 <^f Biblical Theology, which Address has been published and extensively circulated with the knowledge and ap- proval of the said Rev. Charles A. Briggs, D. D., and has been republished by him in a second edition with a preface and an appendix, there occur the following: sentences : 01 Page 28, lines 1 to 22, are : "(3.) The Authority of IIolij Scripture. — We have examined the Church and the Reason as seats of divine authority in an introduction to our theme, the Authority of the Scriptures^ because they open our eyes to see mis- takes that are common to the three departments. Prot- estant Christianity builds its faith and life on the divine authority contained in the Scriptures, and too often de- preciates the Church and the Reason. Spurgeon is an example of the average modern Evangelical, who holds the Protestant position, and assails the Church and Reason in the interest of the authority of Scripture. But the average opinion of the Christian world would not assign him a higher j^lace in the kingdom of God than 323 Martineau or Newman. May we not conclude, on the whole, that these three representative Christians of our time, living in or near the world's metropolis, have, each in his way, found God and rested on divine authority ? May we not learn from them not to depreciate any of the means whereby God makes himself known to men ? Men are influenced by their temperaments and environments which of the three ways of access to God they may pursue." These declarations are contrary to the Holy Scrip- ture. Isaiah viii. 20. To the law and to the testimony : if they speak not according to this word, it is because there is no light in them. Matt. X. 32, 33. — 32 Whosoever therefore shall confess me before men, him will I confess also before my Father which is in heaven. 33 But whosoever shall deny me 324 before men, him will I also deny before my Father which is in heaven. Luke xvi. 29-31. — 29 Abraham saitli unto him. They have Moses and the prophets ; let them hear them. 30 And he said, Nay, father Abraham : but if one went unto them from the dead, they will repent. 31 And he said unto him. If they hear not Moses and the prophets, neither will they be persuaded, though one rose from the dead. 52 John V. 39. Searcli the Scriptures : for in them ye think ye have eternal life : And they are they which testify of me. John xiv. 6. Jesus saith unto him, I am the way, and the truth and the life : no man comet h unto the Father but by me. 1 John V. 10. He that believeth on the Son of God 325 hath the witness in himself : he that believeth not God, hath made him a liar, because he believeth not the record that God gave of his Son. Gal. i. 9. As we said before, so say I now again, if any man preach any other gospel unto you than that ye have received, let him be accursed. 2 Timothy iii. 15-17. — 15 And that from a child thou hast known the Holy Scriptures, which are able to ma.ke thee wise unto salvation through faith which is in Christ Jesus. 16 All Scripture is given by inspiration of God, and is i)rofitable for doctrine, for reproof, for correction, for instruction in righteousness : 17 That the man of God may be perfect, thoroughlj^ furnished unto all good works. 2 Peter i. 19-21. — 19 We have also a more sure word 326 of prophecy ; whereunto ye do well that ^^e take heed, as unto a light that shineth in a dark place, until the day dawn, and the day star arise in your hearts : 20 Knowing this first, that no prophecy of the Scrij^ture is of any private interpretation. 21 For the prophecy came not in old time by the will of man : but Holy men of God spake as they were moved by the Holy Ghost. These declarations are contrary to the Standards : Confession of Faith, Chap. 1., Sees. I., Y., VL, X. I. Although the light of nature, and the works of crea- tion and providence, do so far manifest the goodness, wis- dom, and power of God, as to leave men inexcusable ; yet tJtey o.re not sufficient to give that Icnowledge of God^ and of his will, which is necessary unto salvation ; therefore it pleased the Lord, at sundrj^ times, and in divers man- ners, to reveal himself, and to declare that Ms will unto 53 Ms church : and afterwards, for the better preserving and 327 propagating of the truth, and for the more sure establish- ment and comfort of the church against the corruption of the flesh, and the malice of Satan and of the world, to commit the same wliolly unto loriting : which makei?i the Holy Scripture to he most necessary ; those former ways of God's revealing his will unto his people being now ceased. Y. We may be moved and induced by the testimony of the church to an high and reverent esteem for the Holy Scripture ; and the heavenliness of the matter, the efficacy of the doctrine, the majesty of the style, the consent of all the parts, the scope of the whole, Twhich is to give all glory to God. ) the full discovery it makes of the only way of mart s salvation, the many other incomparable excel- lencies, and the entire p-erfection thereof, are arguments whereby it doth abundantly evidence itself to be the word 393 of God : yt*t. notwithstanding, our full persuasion and assurance of the infallible truth, and divine authority thereof, is from the inward work of the Holy Spirit, bear- ing witness by and wit7i the icord in our hearts. \1. The whole counsel of God. concerning all things necessary for his own glory, man' s sal-cation, faith, and life, is either expressly set down in Scripture, or by good and necessary consequence may be deduced from Scrip- ture : unto which nothing at any time is to be added, whether by new revelations of thee Spirit, or traditions of men. Nevertheless we acknowledge the inward illumina- tion of the Spirit of God to be necessary for the saving understanding of such things as are revealed in the word : and that there are some circumstances concerning the wor- ship of God, and government of the church, common to human actions and societies, which are to be ordered by the light of nature and Christian prudence, according to the general rules of the word, which are always to be 329 observed. X. The Supreme /w^^^, by which all controversies of religion are to be determined, and all decrees of councils, 54 opinions of ancient writers, doctrines of men, and private spirits, are to be examined, and in whose sentence we are to rest, can be no other hut the Holy Spirit speaking in the Scripture. Larger Catechism. Q. 2. Hoio doth it appear that there is a God f A. The very light of nature in man, and the works of God, declare plainly that there is a God ; hut his loord and Sx)irit only^ do sufficiently and effectually reveal him unto men for their salvation. Q. 3. What is the woi^d of God f A. The Holy Scriptures of the Old and New Testament are the word of God, the only rule of faith and obedience. 330 Shorter Catechism. Q. 2. What rule hath God given to direct us hoio loe may glorify and enjoy him f A. The word of God, which is contained in the Scrip- tures of the Old and New Testaments, is the only rule to direct us hoio we may glorify and enjoy him. Chaege III. 276 The Presbyterian Church in the United States of Amer- ica charges the Rev. Charles A. Briggs, D. D., being a Minister of the said Church and a member of the Pres- bytery of New York, with teaching that errors may have existed in the original text of the Holy Scripture, as it came from its authors, which is contrary to the essential docti-ine taught in the Holy Scripture and in the Standards of the said Church, that the Holy Scripture is the Word of God written, immediately inspired, and the rule of faith and practice. SPECIFICATION. In an Inaugural Address, which the said Rev. Charles A. Briggs, l3. D., delivered at the Union Theological Seminary in the City of New York, January 20, 1891, on the occasion of his induction into the Edward Robin- /)5 son Chair of Biblical Theology, which Address has been published and extensively circulated with the knowledge 277 and approval of the said Rev. Charles A. Briggs, D. D., and has been republished by him in a second edition with a preface and an appendix, there occur the following sentences, beginning with line 4 of page 35 : *'I shall venture to affirm that, so far as I can see, there are errors in the Scriptures that no one has been able to explain away ; and the theory that they were not in the original text is sheer assumption, upon which no mind can rest with certainty. If such errors destroy the authority of the Bible, it is already destroyed for historians. Men cannot shut their eyes to truth and fact. But on what authority do these theologians drive men from the Bible by this theory of inerrancy ? The Bible itself nowhere makes this claim. The creeds of the Church nowhere sanction it. It is a ghost of modern evangelicalism to frighten children. The Bible has main- tained its authority with the best scholars of our time, 278 who with open minds have been willing to recognize any error that might be pointed out by Historical Criticism ; for these errors are all in the circumstantials and not in the essentials ; they are in the human setting, not in the precious jewel itself; they are found in that section of the Bible tliat theologians commonly account for from the providential superintendence of the mind of the au- thor, as distinguished from divine revelation itself. It maybe that this providential superintendence gives infalli- ble guidance in every particular ; and it may be that it dif- fers but little, if at all, from the j^rovidential superinten- dence of the fathers and schoolmen and theologians of the Christian Church. It is not important for our purpose that we should decide this question. If we should abandon the whole field of i)rovidential superintendence so far as 279 insx)iration and divine authority are concerned and limit divine inspiration and authority to the essential con- tents of the Bible, to its religion, faith, and morals, we would still have ample room to seek divine authority where alone it is essential, or even important, in the teach- 56 ing tliat guides our devotions, our thinking, and our conduct." These declarations are contrary to the statements of Scripture : Zech. vii. 12. Yea, they made their hearts as an ada- mant stone, lest they should hear the law, and the words which the Lord of hosts hath sent in his Spirit by the former prophets : therefore came a great wrath from the Lord of hosts. Mark vii. 13. Making the word of God of none effect through yoiir tradition, which ye have delivered : and many such like things do ye. Romans iii. 1, 2. — 1 What advantage then hath the 280 Jew I or what profit is there of circumcision ? 2 Much every way : chiefiy, because that unto them were com- mitted the oracles of God. 1 Cor. ii. 13. Which things also we speak, not in the words which man's wisdom teacheth, but which the Holy Ghost teacheth ; comparing spiritual things with spiritual. Galatians iii. 8. And the Scripture, foreseeing that God would justify the heathen through faith, preached before the Gospel unto Abraham, saying^ In thee shall all nations be blessed. 2 Pet. i. 20, 21. — 20 Knowing this first, that no proph- ecy of the Scripture is of any private interpretation. 21 For the prophecy came not in old time by the will of man r but holy men of God spake as they were moved by the Holy Ghost. 2 Tim. iii. 16. All Scripture is given by inspiration of God, and is profitable for doctrine, for reproof, for cor- rection, for instruction in righteousness. 281 These statements are contrary to the Standards. Confession of Faith, Chap. L, Sees. L, II., lY., YIII. I. Although the light of nature, and the works of crea- tion and providence do so far manifest the goodness, wisdom, and power of God, as to leave men inexcusable ; yet are they not sufficient to give that knowledge of God^ and of his will, which is necessary unto salvation ; there- 57 fore it pleased the Lord^ at sundry tlmes^ and in divers manners, to reveal himself, and to declare that Ms will unto Ms church ; and afterwards^ for the better preserv- ing and propagating of the truth, and for the more sure establishment and comfort of the church against the cor- ruption of the flesh, and the malice of Satan and of the world, to commit the same wholly unto loriting ; which maketh the Holy Scripture to be most necessary ; those former ways of God's revealing his will unto his people being now ceased. II. Under the name of Holy Scripture, or the word of 282 God written^ are now contained all the books of the Old and New Testament, which are these : OF THE OLD TESTAMENT. Genesis. II. Chronicles. Daniel. Exodus. Ezra. Hosea. Leviticus. Nehemiah. Joel. Numbers. Esther. Amos. Deuteronomy. Job. Obadiah. Joshua. Psalms. Jonah. Judges. Proverbs. Micah. Kuth. Ecclesiastes. Nahum. I. Samuel. The Song of Songs. Habakkuk. II. Satnuel. Isaiah. Zephaniah. I. Kings. Jeremiah. Haggai. II. Kings. Lamentations. Zechariah. I. Chronicles. Ezekiel. Malachi. OF THE NEW TESTAMENT. The Gospels accord- Corinthians H. The Epistle to the ing to Galatians. Hebrews. Matthew, Ephesians. The Epistle of James. Mark, Philippians. The first and second Luke, Colossians. Epistles of Peter. John. Thessalonians I. The first, second and The Acts of the Thessalonians II. third EjDistles of Apostles. To Timothy, I. John. Paul's Epistles to the To Timothy, II. The Epistle of Jude. Romans. To Titus. The Revelation. Corinthians I. To Philemon. All which are given hy inspiration of God to he the rule of faith and life. 283 68 IV. — The authority of the Holy Scripture, for which it ought to be believed and obeyed, deyendeth not upon the testimony of any man- or church, hut wholly upon God, (who is truth itself,) the author thereof ; and there- fore it is to he received, because it is the word of God. 284 yill. — The Old Testament in Hebrew, (which was the native language of the people of God of old,) and the New Testament in Greek, (which at the time of the writing of it was most generally known to the nations,) being imme- diately inspired by God, and by his singular care and providence, kept pure in all ages, are therefore authentical; so as in all controversies of religion the Church is finally to appeal unto them. But because these original tongues are not known to all the people of God who have right unto, and interest in the Scriptures, and are commanded, in the fear of God, to read and search them, therefore they are to be translated into the vulgar language of every nation unto which they come, that the word of God dwelling plentifully in all, they may worship him in an acceptable manner, and, through patience and comfort of the Scriptures, may have hope. Charge IY. 2^5 The Presbyterian Church in the United States of America charges the Rev. Charles A. Briggs, D.D., being a Minister in said Church and a member of the Presby- tery of New York, with teaching that many of the Old Testament predictions have been reversed by history, and that the great body of Messianic prediction has not been and cannot be fulfilled, which is contrary to the essential doctrine of Holy Scripture and of the Standards of the said Church, that God is true, omniscient and unchangeable. SPECIFICATION. In an Inaugural Address, which the said Rev. Charles A. Briggs, D. D., delivered at the Union Theological Semi- nary in the City of New York, January 20, 1891, on the occasion of his induction into the Edward Robinson Chair 59 of Biblical Theology, wliich Address has been published and extensively circulated with the knowledge and ap- 286 proval of the said Rev. Charles A. Briggs, D. D., and has been republished by him in a second edition with a pref- ace and an appendix, there occur the following sen- tences : Page 38, lines 20 to 30 : "(6.) Minute Prediction.— Another barrier to the Bible has been the interpretation put upon Predictive Prophecy making it a sort of history before the time, and looking anxiously for the fulfillment of the details of Biblical prediction. Kuenen has shown that if we insist upon the fulfillment of the details of the predictive prophecy of the Old Testament, many of these predictions have been reversed by history ; and the great body of tlie Messianic prediction has not only never been fulfilled, but €annot now be fulfilled, for the reason that its own time has passed forever." This declaration is contrary to Scripture : 287 Matt. V. 17, 18.— 17 Think not I am come to destroy the law, or the prophets : I am not come to destroy, but to fulfill. 18 For verily I say unto you, Till heaven and earth pass, one jot or one tittle shall in no wise pass from the law, till all be fulfilled. Matt. xxiv. 15. When ye, therefore, shall see the abomination of desolation, spoken of by Daniel the prophet, stand in the holy place, (whoso readeth, let him understand.) Dan. xii. 11. And from the time tJiat the daily sacrifice shall be taken away, and the abomination that maketh desolate set up, tJiere shall he a thousand two hundred and ninety days. Luke xxiv. 44. And he said unto them. These are the words which I spake unto you, while I was yet with you, that all things must be fulfilled which were written in the law of Moses, and in the prophets, and in the psalms, concerning me. Exodus xxxiv. 6. And the Lord passed by before him, 288 and proclaimed. The Lord, The Lord God, merciful and 60 gracious, long suffering, and abundant in goodness and trutli. Hebrews iv. 13. Neither is there any creature that is not manifest in his sight : but all things are naked and opened unto the eyes of him with whom we have to do. James i. 17. Every good gift and every perfect gift is from above, and cometh down from the Father of lights, with whom is no variableness, neither shadow of turning. This declaration is contrary to Xh.^ Standards : Confession of Faith, Chap. I., Section IV. The autliority of the Holy Scri'pture, for which it ought to be believed and obeyed, dependeth not upon the testimony of any man or church, but wholly upon God, {loho is truth itself^) the author thereof ; and therefore it is to be received, because it is the word of God. 289 Chap. II., Sec. I., 11. I. There is but one only living and true God, who is inlinite in being and perfection, a most pure spirit, in- visible, without body, parts, or passions, immutable^ im- mense, eternal, incomprehensible, almighty, raost wise, most holy, most free, most absolute, worJciug all things according to the counsel of his oion immutable and most righteous loill, for his own glory ; most loving, gracious, merciful, long suffering, abundant in goodness and truth, forgiving iniquity, transgression, and sin ; the rewarder of them that diligently seek him ; and withal most just and terrible in his judgments ; hating all sin, and who will by no means clear the guilty. II. God hath all life, glory, goodness, blessedness, in and of himself ; and is alone in and unto himself all- sufficient, not standing in need of any creatures which he hath made, nor deriving any glory from them, but only 290 manifesting his own glory in, by, unto and upon them : he is the alone fountain of all being, of whom, through whom, and to whom, are all things : and hath most sover- eign dominion over them, to do by them, for them, or upon them, whatsoever himself pleaseth. In his sight all things are open and manifest ; his Icnoioledge is in- 61 finite^ infallible^ and independent upon the creature^ so as notliing is to him contingent or uncertain. He is most lioly in all his counsels, in all his works, and in all his commands. To him is due from angels and men, and every other creature, whatsoever worship, service, or obedience, he is pleased to require of them. Shorter Catechism. (i. 4. What is God f A. God is a Spirit, infinite, eternal, and unchangeable, in his being, wisdom, power, holiness, justice, goodness, and truth. Charge V. The Presb^^terian Church in the United States of America charges the Rev. Charles A. Briggs, D. D., being 291 a Minister of the said Church and a member of the Pres- bytery of New York, with teaching that Moses is not the author of the Pentateuch, which is contrary to direct statements of Holy Scripture and to the essential doctrines of the Standards of the said Church, that the Holy Scrip- ture evidences itself to be the word of God by the consent of all the parts, and that the infallible rule of interpreta- tion of Scripture is the Scripture itself. SPECIFICATION. In an Inaugural Address, which the said Rev. Charles A. Briggs, D. D., delivered at the Union Theological Semi- nary in the City of New York, January 20, 1891, on the occasion of his induction into the Edward Robinson Chair of Biblical Theology, which Address has been published and extensively circulated with the knowledge and ap- 292 proval of the said Rev. Charles A. Briggs, D. D., and has been republished by him in a second edition with a preface and an appendix, there occurs the following sen- tence : Page 33, lines 6-8. " It may be regarded as the certain result of the science of the Higher Criticism that Moses did not write the Pen- tateuch." 62 This declaration is contrary to direct statements of Scripture. Ex. xxiv. 4. And Moses wrote all tlie words of tlie Lord, and rose up early in the morning, and builded an altar under the hill, and twelve pillars according to the twelve tribes of Israel. Num. xxxiii. 2. And Moses wrote their goings out according to their journeys by the commandment of the Lord: and these are their journej^s according to their goings out. 293 Deut. v. 31. But as for thee, stand thou here by me, and I will speak unto thee all the commandments, and the statutes, and the judgments, which thou shalt teach them, that they may do iliem in the land which I gave tliem to possess it. Deut. xxxi. 9. And Moses wrote this law, and de- livered it unto the priests the sons of Levi, which bare the ark of the covenant of the Lord, and unto all the elders of Israel. Josh. i. 7, 8.-7 Only be thou strong and very courageous, that thou mayest observe to do according to all the law which Moses my servant commanded thee : turn not from it to the right hand or to the left, that thou mayest prosper whithersoever tliou goest. 8 This book of the law shall not depart out of thy mouth ; but thou shalt meditate therein day and night, that thou mayest observe to do 294 according to all that is written therein : for tlien thou shalt make thy way prosperous, and then thou shalt have good success. 1 Kings, ii. 3. And keep the charge of the Lord thy God, to walk in his ways, to keep his statutes, and his com- mandments, and his judgments, and his testimonies, as it is written in the law of Moses that thou mayest prosper in all that thou doest, and whithersoever thou turnest thy- self : 1 Chron. vi. 49. But Aaron and his sons offered upon the altar of the burnt offering, and on the altar of incense, and were appointed for all the work of the place most holy, and to make an atonement for Israel, according to all that Moses the servant of God had commanded. 63 Ezra iii. 2. Then stood up Jesliua, the son of Jozadak, and his brethren the priests, and Zerubbabel the son of Shealtiel, and his brethren, and builded the altar of the God of Israel, to offer burnt offerings thereon, as it is written in the law of Moses, the man of God. Ezra vi. 18. And they set the priests in their divisions, 295 and the Levites in their courses, for the service of God, Avhich is at Jerusalem ; as it is written in the book of Moses. Nell. i. 7. We have dealt very corruptly against thee, and have not kept the commandments, nor the statutes, nor the judgments, which thou commandedst thy servant Moses. Luke xxiv. 27, 44. — 27 And beginning at Moses, and all the prophets, he expounded unto them in all the Scriptures the things concerning himself. 44 And he said unto them. These are the words which I spake unto you, while I was yet with you, that all things must be ful- filled which were written in the law of Moses, and in the prophets, and in the psalms, concerning me. ggg John V. 45 to 47. — 45 Do not think that I will accuse you to the Father : there is one that accuseth you, even Moses, in whom ye trust. 46 For had ye believed Moses, ye would have believed me : for he wrote of me. 47 But if ye believe not his writings, how shall ye believe my words ? Acts vii. 38. This is he that was in the church in the wilderness with the angel which spoke to him in the Mount Sina, and with our fathers : who received the lively oracles to give unto us. Acts XV. 21. For Moses of old time hath in every city them that preach him, being read in the synagogues every sabbath day. This declaration is contrary to the Standards. Confession of Faith, Chap. 1, Sees. V. and IX. Y. We may be moved and induced by the testimony of the church to an high and reverent esteem for the Holy 297 Scripture; and the heavenliness of the matter, the efficacy of the doctrine, the majesty of the style, the consent of all G4: the parts ^ the scope of the whole, (which is to give all glory to God,) the full discovery it makes of the only way of man's salvation, the many other incomparable excel- lencies, and the entire perfection thereof^ are arguments whereby it doth abundantly emdence itself to be the word of God ; yet, notwithstanding, our full persuasion and assurance of the infallible truth, and divine authority thereof, is from the inward work of the Holy Spirit, bear- ing witness by and with, the word in our hearts. IX. The infallible rule of interpretation of Scripture is the Scripture itself ; and therefore, when there is a question about the true and full sense of any scripture, 298 (which is not manifold, but one,) it may be searched and known by other places that speak more clearly. Chaege YI. The Presbyterian Church, in the United States of America charges the Rev. Charles A. Briggs, D. D., being a Minister of the said Church and a member of the Pres- bytery of New York, with teaching that Isaiah is not the author of half of the book that bears his name, which is contrary to direct statements of Holy Scripture and to the essential doctrines of the Standards of the said Church that the Holy Scripture evidences itself to be the word of God by the consent of all the parts, and that the infallible rule of interpretation of Scripture is the Scripture itself. SPECIFICATION. In an Inaugural Address, which the said Pev. Charles A. Briggs, D. D., delivered at the Union Theological Semi- 299 nary in the City of New York, January 20, 1891, on the occasion of his induction into the Edward Robinson Chair of Biblical Theology, which Address has been published and extensively circulated with the knowledge and ap- proval of the said Rev. Charles A. Briggs, D. D., and has been republished by him in a second edition with a preface and an appendix, there occurs the following sentence : 65 Page 33, lines 14-15 : "Isaiah did not write half of the book that bears his name." This declaration is contrary to direct statements of Scripture : Matt. iv. 14, 15.— 14 That it might be fulfilled which was spoken by Esaias the prophet, saying, 15 The land of Zabulon, and the land of Nepthalim, hy the way of the sea, beyond Jordan, Gralilee of the Gentiles : Matt. xii. 17, 18.— 17 That it might be fulfilled which was spoken by Esaias the prophet, saying, 18 Behold my 300 servant, whom I have chosen ; my beloved, in whom my soul is well pleased : I will put my Spirit upon him, and he shall shew judgment to the Gentiles. Luke iii. 4. — As it is written in the book of the words of Esaias the prophet, saying. The voice of one crying in the wilderness, Prepare ye the way of the Lord, make his paths straight. Acts xxviii. 25, 26. — 25 And when they agreed not among themselves they de^^arted, after that Paul had spoken one word. Well spake the Holy Ghost by Esaias the prophet unto our fathers, 26 Saying, Go unto this people, and say, Hearing ye shall hear, and shall not understand ; and seeing ye shall see, and not perceive. John xii. 38, 41.— 38 That the saying of Esaias the prophet might be fulfilled, which he spake, Lord, who hath believed our report? and to whom hath the arm of the Lord been revealed % 41 These things said Esaias, when he saw his glory and spake of him. Rom. X. 16, 20.— 16 But they have not all obeyed the gospel. For Esaias saith. Lord, who hath believed our report? 20 But Esaias is very bold, and saith, I was found of them that sought me not ; I was made manifest 301 unto them that asked not after me. This declaration is contrary to the Standards. Confession of Faith, Chap. 1, Sees. Y. and IX. y. We may be moved and induced by the testimony of the church to an high and reverent esteem for the Holy 66 Scripture ; and the lieavenliness of tlie matter, the efficacy of the doctrine, the majesty of the style, the consent of all the parts ; the scope of the whole, (which is to give all glory to God,) the full discovery it makes of the only way of man's salvation, the many other incomparable excellencies, and the entire perfection thereof^ are argu- ments whereby it cloth abundantly emdence itself to be the wordofGod ; yet, notwithstanding, our full persuasion and assurance of the infallible truth, and divine authority thereof, is from the inward work of the Holy Spirit, 802 bearing witness by and with the word in our hearts. IX. The infallible rule of interpretation of Scripture is the Scripture itself ; and therefore, when there is a ques- tion about the true and full sense of any scripture, (which is not manifold, but one,) it may be searched and known by other places that speak more clearly. Charge YII. The Presbyterian Church in the United States of America charges the Eev. Charles A. Briggs, D. B., being a Minister of said Church, and a member of the Presbytery of New York, with teaching that the processes of redemp- tion extend to the world to come in the case of many who die in sin ; which is contrary to the essential doctrine of Holy Scripture and the Standards of the said Church, that the processes of redemption are limited to this w^orld. SPECIFICATION. 303 In an Inaugural Address, which the said Kev. Charles A. Briggs, D. D., delivered at the Union Theological Seminary in the City of New York, January -20, 1891,, on the occasion of his induction into the Edward Robin- son Chair of Biblical Theology, which address has been published and extensively circulated with the knowledge and approval of the said Rev. Charles A. Briggs, D. D., and has been republished by him in a second edition with a preface and an appendix, there occur the following sentences : 67 Page 60 : " The processes of redemption ever keep the race in mind. The Bible tell us of a race origin, a race sin, a race ideal, a race Redeemer, and a race redemption." Page 53 : ''(c.) Another fault of Protestant theology is in its limitation of the process of redemption to this world, and its neglect of those vast periods of time which have elapsed for most men in the Middle State between death and the resurrection." Pages 55 and ^^. ''The Bible does not teach universal 304 salvation, but it does teach the salvation of the world, of the race of man, and that cannot be accomplished by the selection of a limited number of individuals from the mass. The holy arm that worketh salvation does not con- tract its hand in grasping only a few ; it stretches its loving fingers so as to comprehend as many as possible — a definite number, but multitudes that no one can number. The salvation of the world can only mean the world as a ■ whole, compared with which the unredeemed will be so few and insignificant, and evidently beyond the reach of redemption by their own act of rejecting it and hardening themselves against it, and by descending into such depths of demoniacal dei^ravity in the Middle State, that they will vanish from the sight of the redeemed as altogether and irredeemably evil, and never more disturb the har- monies of the saints.' ' Inaugural Address, Appendix, 2d ed. 305 Page 104. This raises the question whether any man is irretrievably lost ere he commits this unpardonable sin, and whether those who do not commit it in this world ere they die are, by the mere crisis of death, brought into an unpardonable state ; and Avhether, when Jesus said that this sin against the Holy Spirit was unxmrdonable here and also hereafter, he did not imply that all other sins might be pardoned hereafter as well as here. These declarations are contrary to direct statements of Scripture : Prov. xi. 7. When a wicked man dieth, Ms expecta- tion shall perish : and the hope of unjust men perish eth. 68 Luke xvi. 22, 23. — 22 And it came to pass that the beggar died, and was carried by the angels into Abraham's bosom : the rich man also died, and was buried ; 23 And 306 in hell he lifted up his eyes, being in torments, and seeth Abraham afar off, and Lazarus in his bosom. John viii. 24. For if ye believe not that I am He, ye shall die in your sins. II. Cor. vi. 2. Behold, now is the accepted time ; be- hold, now is the day of salvation. Heb. iv. 7. To-day, if ye will hear his voice, harden not your hearts. These declarations are contrary to the Standards : Confession of Faith, Chap. XXXII. , Sec. I. T. The bodies of men, after death, return to dust, and see corruption ; but their souls, (which neither die nor sleep,) having an immortal subsistence, immediately return to God who gave them. The souls of the righteous, being then made perfect in holiness, are received into the high- est heavens, where they behold the face of God in light and glor}^, waiting for the full redemption of their bodies : and the souls of the loicked are cast into hell, where they 307 remain in torments and utter darlcness^ reserved to the judgment of the great day. Besides these two places for souls separated from their bodies, the Scripture acknowl- edgeth none. Larger Catechism. Q. 83. What is the communion in glory with Christy lohich the members of the inmsible church enjoy in this life? A. The members of the invisible church have commu- nicated to them, in this life, the first-fruits of glory with Christ, as they are members of him their head, and so in him are interested in that glory which he is fully possessed of; and as an earnest thereof, enjoy the sense of God's love, peace of conscience, joy in the Holy Ghost, and hope of glory. As, on the contrary, sense of God's revenging wrath, horror of conscience, and a fearful ex- 69 pectation of judgment, are to the wicked tlie beginning of the torments, which they shall endure after death. Q. 80. What is the communion in glory loith Christy 308 lohich the members of the inmsible church enjoy immedi- ately after death f A. The communion in glory with Christ, which the members of the invisible church enjoy immediately after death, is in that their souls are then made perfect in holi- ness, and received into the highest heavens, where they behold the face of God in light and glory ; waiting for the full redemption of their bodies, w^liich even in death con- tinue united to Christ, and rest in their graves as in their beds, till at the last day they be again united to their souls. Wliereas the souls of the wicked are at their death cast into hell^ where they remain in torments and utter darJcness ; and their bodies kept in their graves, as in their prisons, until the resurrection and judgment of the great day. Chaege yiii. The Presbyterian Church in the United States of 309 America charges the Rev. Charles A. Briggs, D. D., being a Minister of the said Church and a member of the Presbytery of New York, with teaching that Sanctilica- tion is not complete at death, w^hich is contrary to the essential doctrine of Holy Scripture and of the Standards of the said Church that the souls of believers are at their death at once made perfect in holiness. SPECIFICATION. In an Inaugural Address, which the said Rev. Charles A. Briggs, D. D., delivered at the Union Theological Semi- nary in the City of New York, January 20, 1891, on the occasion of his induction into the Edward Robinson Chair of Biblical Theology, which Address has been published and extensively circulated with the knowledge and ap- 310 proval of the said Rev. Charles A. Briggs, D. D., and has been re])ublished by him in a second edition with a pref- ace and an appendix, there occur the following sen- tences : Pages 53, 54, 55 : " (c.) Another fault of Protestant theology is in its lim- itation of the process of redemption to this world, and its neglect of those vast periods of time which have elapsed for most men in the Middle State between death and the resurrection. The Roman Catholic Church is firmer here, though it smears the Biblical doctrine with not a few hurtful errors. The reaction against this limi- tation, as seen in the theory of second probation, is not surprising. I do not find this doctrine in the Bible, but I do find in the Bible the doctrine of a Middle State of con- scious higher life in the communion with Christ and the multitude of the departed of all ages ; and of the neces- sity of entire sanctification, in order that the work of re- 311 demption may be completed. There is no authority in the Scri^jtures, or in the creeds of Christendom, for the doctrine of immediate sanctification at death. The only sanctification known to experience, to Christian ortho- doxy, and to the Bible, is progressive sanctification. Pro- gressive sanctification after death is the doctrine of the Bible and the Church ; and it is of vast importance in our times that we should understand it, and live in accordance with it. The bugbear of a judgment immediately after death, and the illusion of a magical transformation in the dying hour should be banished from the world. They are conceits derived from the Ethnic religions, and without basis in the Bible or Christian experience as expressed in the symbols of the Church. The former makes death a terror to the best of men, the latter makes human life and experience of no effect ; and both cut the nerves of Chris- 312 tian activity and striving after sanctification. Renounc- ing them as hurtful, unchristian errors, we look with hope and joy for the continuation of the processes of grace, and the wonders of redemption in the company of the blessed, to which the faithful are all hastening." Inaugural Address, Appendix, 2d ed., pages 107, 108: *' Sanctification has two sides — a negative and a positive — mortification and vivification ; the former is manward, the latter is Godward. Believers who enter the middle state. 71 enter guiltless ; they are pardoned and justified ; they are mantled in the blood and righteousness of Christ ; and nothing will be able to separate them from Ilis love. They are also delivered from all temptations such as spring from without, from the world and the devil. They are encircled with influences for good such as they have never enjoyed before. But they are still the same persons, 313 with all the gifts and graces, and also the same habits of mind, disjDosition, and temper they had when they left the world. Death destroys the body. It does not change the moral and religious nature of man. It is unpsycho- logical and unethical to suppose that the character of the disembodied si^irit will all be changed in the moment of death. It is the Manichean heresy to hold that sin be- longs to the physical organization and is laid aside with the body. If this were so, how can any of our race carry their evil natures with them into the middle state and incur the punishment of their sins ? The eternal punish- ment of a man whose evil nature has been stripped from liim by death and left in the grave, is an absurdity. The Plymouth Brethren hold that there are two natures in the redeemed — the old man and the new. In accordance with such a theory, the old man might be cast off at death. But this is only a more subtle kind of Manicheism, which 314 has ever been regarded as heretical. Sin, as our Saviour teaches, has its source in the heart — in the higher and immortal part of man. It is the work of sanctification to overcome sin in the higher nature." These declarations are contrary to Scripture : 1 Cor. XV. 51, 52. — 51 Behold I shew you a mystery; We shall not all sleep, but we shall all be changed. 52 In a moment, in the twinkling of an eye, at the last trump : for the trumi)et shall sound, and the dead shall be raised incorruptible, and we shall be changed. Heb. xii. 23. — To the general assembly and church of the firstborn, which are written in heaven and to God the Judge of all, and to the spirits of just men made perfect. 72 315 Tliese declarations are contrary to the Standards : Confession of Faith, Chap. XXXIL, Sec. I. I. The bodies of men, after deatli, return to dust, and see corruption ; hut ilieir souls (which neither die nor sleep), having an immortal subsistence, immediately re- turn to God who gave them. The souls of the righteous, being then made perfect in Jioliness^ are received into the highest heavens^ where they behold the face of God in light and glory, Avaiting for the full redemption of their bodies ; and the souls of the wicked are cast into hell, where they remain in torments and utter darkness, re- served to the judgment of the great da}^, besides these two places for souls separated from their bodies, the Scripture acknowledgeth none. 316 Larger Catechism. Q. 86. What is the communion in glory with Christ, lohich the members of the invisible church enjoy immedi- ately after death f A. The communion in glory with Christ, which the members of the invisible church enjoy immediately after death, is in that their souls are then made ^perfect in holiness, and received into the highest heavens^ where they behold the face of God in light and glory ; waiting for the full redemption of their bodies, which even in death continue united to Christ, and rest in their graves as in their beds, till at the last day they be again united to their souls. Whereas the souls of the wicked are at their death cast into hell, where they remain in torments and utter darkness ; and their bodies kept in their graves, as in their prisons, until the resurrection and judgment of the great day. Shorter Catechism. 317 Q. 37. What benefit do believers receive from Christ at their death f A. The souls of believers are at their death made per- fect in holiness, and do immediately pass into glory ; and their bodies, being still united in Christ, do rest in their graves till the resurrection. 73 The Presbyterian Church in the United States of America, represented by the undersigned Prosecuting Committee, offers in evidence the whole of the said Inaugural Address, both the first and second editions, and all the works of the said Rev. Charles A. Briggs, D. D., quoted therein, in so far as they bear upon this case ; also the appendix to the second edition of said Address, and all the works of the said Rev. Charles A. Briggs, D. D., quoted therein, in so far as they bear upon this case ; 318 the whole of the Holy Scri^jtures and the whole of the Standards of the Presbyterian Church in the United States of America. George W. F. Birch, D. D., Joseph J. Lampe, D. D., Robert P. Sample, D. D., John J. Stevenson, John J. McCook, Prosecuting Committee. It was, on motion, resolved that a copy of these Charges 330 and Specifications be served on Dr. Briggs. This having been done. Dr. Briggs asked for the time allowed by the Book. Whereupon it was resolved that we now take a recess, to meet on Monday, the 27th, at 2 p. m. A recess was now taken. Concluded with prayer. The minutes were read and approved. S. D. Alexander, Stated Clerk. New York, 28th November. BRIGGS CASE. 344 Scotch Church, 2 p. m. After a recess from November 9th, Presbytery met and was constituted with prayer, and proceeded to consider the case of Rev. C. A. Briggs, D. D. 74 Present: Ministers — John C. Bliss, Mod.; Geo. Alex- ander, S. D. Alexander, Antonio Arreglii, Anson P. Atterbury, W. Wallace Atterbury, Geo. W. F. Birch, Robert E,. Booth, Samuel Bowden, Charles A. Briggs, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, Nathaniel W. Conkling, Wilbur F. Crafts, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, William Durant, Thomas Douglas, Howard Duffield, John H. Edwards, Frank F. EUinwood, Henry B. Elliot, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri Grandlienard, James Hall, A. Woodruff Halsey, Wm. R. Harshaw, Thomas S. Hastings, Spencer L. Hillier, Edward W. Hitchcock, James H. Hoadley, James Hunter, Sam. W. Jackson, A. D. Lawrence Jewett, Albert B. King, A. Dunlop King, Joseph J. Lampe, Sidney G. Law, Theodore ^'^'^ Leonhard, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, Wm. M. Martin, Charles P. Mallery, Henry T. McEwen, James H. Mcllvaine, Alex. H. McKinney, Alex. McLean, Duncan J. McMillan, Horace G. Miller, William L. Moore, James C. Nightingale, Geo. Nixon, Israel H. Northrup, Daniel H. Overton, Charles H. Parkhurst, Levi H. Parsons, James G. Patterson, John R. Paxton, Wm. M. Paxton, Edward P. Payson, Geo. S. Payson, Geo. L. Prentiss, James S. Ramsey, Daniel Redmon, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliffson, Wm. A. Rice, Robert F. Sample, Joseph A. Saxton, Adolphus F. Schauffler, J. Balcom Shaw, Geo. L. Shearer, Wm. G. T. Shedd, Andrew Shiland, David G. Smith, Wilton M. Smith, John.M. Stevenson, Wm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spining, Charles L. Thompson, John J. Thompson, Charles L. Tyndall, Henry M. Tyndall, Henry Van Dyke, Marvin R. Vincent, Thomas G. Wall, Abbott L. R. Waite, W. Scott Watson, Geo. S. Webster, Erskine N. White, Gay lord S. White, John T. Wilds, Livingston Willard, David G. Wylie, Fred. G. Beebe, Hugh Pritchard, Vincent Pisek. 75 Elders — Moses P. Brown, Adams' Memorial ; James 346 Tompkins, Bethany ; Albert R. Ledoux, Brick ; A. P. Ketcham, Calvary ; William Mickens, Central ; Andrew Robinson, Christ ; James McDowell, East Harlem ; H. Edward Rowland, Fifth Avenue ; Eugene McJimpsey, First ; John McWilliam, Fourth ; Geo. E. Sterry, Fourth Avenue ; Samuel Reeve, Fourteenth Street ; Samuel H. Willard, Harlem ; Joseph Moorhead, Knox ; Henry D. Nicoll, Madison Avenue ; Charles H. Woodbury, Madi- son Square ; Robert Johnson, First Morrisania ; G. C. King, North ; Henry Q. Hawle}^, Park ; James E. Ware, Phillips ; Cleveland H. Dodge, Riverdale ; Wm. M. On- derdonk, Rutgers ; Robert Houston, Scotch ; John Den- ham, Sea and Land ; Wm. R. Worrall, Thirteenth Street ; Thomas Bond, University Place ; Robert Gentle, Union Tabernacle ; Wm. A. Wheelock, Washington Heights ; 347 Robert Jaffray, West ; Clarence P. Leggett, West End ; Alex. Wilson, West Fifty-first Street ; Robert Drummond, Westminster ; James Anderson, Seventh ; W. C. Humbly, Mt. Tabor ; Geo. C. Lay, Puritans ; James L. Birdsall, Spring Street ; C. E. Garey, Tremont ; John Cepek, Bohemian. On motion, the Committee of Arrangements were au- thorized to give such persons as they approve copies of the stenographic reports, at the expense of tlie applicants. The Moderator, Stated Clerk and Rev. Charles R. Gil- lette were appointed a committee to supervise the official stenographer's reports of the proceedings. The Moderator charged the brethren to remember that 348 they are now in the attitude of a Court, and he then made the following statement, viz. : In view of certain exjores- sions of opinions which have come to me from sources both religious and secular, I would make a statement bearing on both sides of the case now before us. 1st. As to the action and spirit of the defendant and his immediate friend or friends, respecting the interpretation of the law and methods of procedure in this case. In raising the questions and in making the objections w^liich they have presented here, or which they may yet present, 76 and in tlieir complaints carrying these points to the Synod, they are not to be considered as desiring merely to ob- struct the progress of the trial on its merits, or to act in any way so as to cause needless hindrance or delay. In- 349 stead of this their course is to be viewed in the light of the strong convictions which they hold against some of the methods pursued, and certain decisions made in this case and in the light of their honest desire to conserve great and important principles in the constitution and government of our Church. In this case your Moderator is thoroughly convinced that they are perfectly conscientious and sincere. Then, on the other hand, as to the position, purpose and animus of the Prosecuting Committee, your Modera- tor is as thoroughly convinced that they are not in that position, because they have sought or enjoy it ; that their aim is not that of mere "heresy hunters," and that they have no unkind personal feelings whatever toward him who has been arraigned ; but they are just acting under the obligations laid upon them from a deep sense of duty to the truth and to the Church ; and because they believe that they represent a very large i3ortion of our Church in a most serious and earnest feeling of alarm over the effects 350 of the views set forth by the defendant, and in this course they are as conscientious and sincere as the defendant. Now, of this view of both sides of the case, I would have every one in this Court, and all outside of it, fully assured. And further, let me avouch the confidence that every member of this Court will endeavor to hold his judgment as close to a perfect balance as possible in the hearing of this whole case, so that, without any previous bias, he may reach the decision that shall be most just, and that therefore there be all effort on the part of all to avoid raising points which may cause unnecessary discussion or delay in the conduct of our proceedings. The Moderator then stated that the Amended Charges and Specifications had been placed in the hands of the defendant at the last meeting, and he now called upon Dr. Briggs to answer. 77 Whereupon lie proceeded to file preliminary objections. The Moderator then declared that the next step was to 351 hear from the other party, when Dr. Lampe, of the Prose- cuting Committee, was heard. It was moved that Presbytery, in consideration of ob- jections offered by the accused, require the Committee to amend the Charges and Specifications by striking out Charges IV. and VII. Pending the consideration of this motion, after the approval of the minutes so far as read, and after x^rayer, Presbytery took a recess. S. D. Alexander, Stated Clerk. Scotch Church, Tuesday, ]^oy. 29, 2 p. m. BRIGGS CASE. After recess Presbytery convened and ^vas opened with prayer. Present : Ministers — John C. Bliss, Mod. ; Geo. Alex- 352 ander, S. D. Alexander, Antonio Arreghi, Anson P. Atterbury, W. Wallace Atterbury, Frederick G. Beebe, Geo. W. F. Birch, Robert R. Booth, Charles A. Briggs, Francis Browm, Samuel Bowden, Walter D. Buchanan, .James Chambers, Edward L. Clark, Nathaniel W. Conk- ling, Wilbur F. Crafts, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Wm. Durant, Thomas Douglas, Howard Duffield, John H. Edwards, Frank F. Ellinwood, Henry B. Elliot, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri L. Grandlienard, James Hall, A. Woodruff Halsey, Wm. R. Harshaw, Thomas S. Hastings, Spencer L. Hillier, Edward W. Hitchcock, James H. Hoadley, James Hun- ter, Saml. M. Jackson, Joseph R. Kerr, Albert B. King, A. Dunlop King, Joseph J. Lampe, Sidney G. Low, Theodore Leonhard, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, William M. Martin, Charles 78 P. Mallery, Alex. H. McKinney, Alex. McLean, Duncan J. McMillan, Horace G. Miller, Wm. L. Moore, James C. Nightingale, Geo. Nixon, Israel H. Nortlirup, Dan. H. Overton, Charles H. Parkhurst, Levi H. Parsons, James G. Patterson, John E,. Paxton, Wm. M. Paxton, Edward 353 P. Payson, Geo. S. Payson, Vincent Pisek, Geo. L. Prentiss, Hugh Pritchard, James S. Ramsay, Daniel Redmon, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliffson, Robert F. Sample, Wm. A. Rice, Josei3h A. Saxton, Adol^^hus F. Schauffler, J. Balcom Shaw, Geo. L. Shearer, Wm. G. T. Shedd, Andrew Shiland, David G. Smith, Wilton M. Smith, Wm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spining, Charles L. Thompson, John J. Thomj)son, Charles H. Tyndall, Henry M. Tyndall, Henry Van D^^ke, Marvin R. Vincent, Frederick E. Voegelin, Abbott L. R. Waite, Thomas G. Wall, W. Scott Watson, Geo. S. Webster, Erskine N. White, John T. Wilds, Living- ston Willard, David G. Wylie. Elders : Moses P. Brow^n, Adams Memorial ; James Tom]3kins, Bethany ; John Cepek, Bohemian ; Albert R. Ledoux, Brick ; A. P. Ketcham, Calvary ; Andrew Robinson, Christ ; Wm. Mickens, Central ; James Mc- 354 Dowell, East Harlem ; H. Edward Rowland, Fifth Ave- nue ; Eugene McJimpsey, First ; John Mc William, Fourth ; Geo. E. Sterry, Fourth Avenue ; Saml. Reeve, Fourteenth Street ; Saml. H. Willard, Harlem ; Joseph Moorhead, Knox ; Henry D. Nicoll, Madison Avenue ; Charles H. Woodbury, Madison Square ; Robert John- son, First Morrisiana ; G. C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phillips ; Cleveland H. Dodge, Riverdale ; Wm. M. Onderdonk, Rutgers, Riverside ; Robert Houston, Scotch ; John Denham, Sea and Land ; Wm. R. Worrall, Thirteenth Street ; Thomas Bond, University Place ; Robert Gentle, Union Taber- nacle ; Wm. A. Wheelock, Washington Heights ; Robert Jaffray, West ; Clarence P. Leggett, West End ; Alex. Wilson, West Fifty-first Street ; Richard Drum- mond, Westminster ; James L. Birdsall, Spring Street ; 79 James Anderson, Seventli ; Wm. C. Humbly, Mount 355 Tabor; Caleb E. Garej^, Tremont ; Geo. E. Lay, Puri- tans. The resolution pending at the close of the last meeting was then taken up and Mr. McCook, of the Prosecuting Committee, was heard. At this point Dr. Briggs wished the following objections recorded, viz. : That the Prosecuting Committee were heard yesterday in response to his objections and the Committee is now being heard again without his consent. A motion to lay the pending resolution on the table was lost by a vote of 47 to 67. At this point the resolution was divided in order to take action respecting Charges IV. and VII. separately. The resolution requiring the Committee to strike out Charge IV. was sustained by a vote of 70 to 49. The Committee of Prosecution take excei^tion and ask 356 to have entered upon the record an exception to the action of the Presbytery in requiring the Committee to amend the Charges and Specifications by striking out Charge IV. The resolution to require the Committee to strike out Charge VII. was sustained by a vote of 74 to 54. Tlie Prosecuting Committee take exception and ask to have entered upon the record an exception to the action of the Presbytery in requiring the Committee to amend the Charges and Specifications by striking out Charge VII. It was resolved that when Presbj^tery convene to- morrow, we proceed at once to take up the objections in their order. The minutes were read and approved. Presbytery now took a recess until to-morrow at 2 p. m. Concluded Avith prayer. S. D. Alexander, Stated Clerk, 80 New York, SOtii November, 1892. 357 BRIGGS CASE. Scotch Church, Wednesday, Nov. 30, 2 p. m. Presbytery convened after recess and was opened with prayer. Present : Ministers— John C. Bliss, Moderator ; Geo. Alexander, Saml. D. Alexander, Antonio Arregiii, Anson P. Atterbury, W, Wallace Atterbury, Frederick G. Beebe, Geo. W. F. Birch, Nicholas Bjerring, Robert E,. Booth, Saml. Bowden, Thomas S. Bradner, Charles A. Briggs, Francis Brown, Walter ~D. Buchanan, James Chambers, Edward L. Clark, Nathaniel W. Conkling, Wilbur F. Crafts, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, William Durant, Howard Duffield, John H. Edwards, Frank F. Ellinwood, Henry B. Elliott, Wm. T. El sing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri Grandlienard, James Hall, A. Woodruff Halsey, Wm. P. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Saml. M. Jackson, Joseph P. Kerr, Albert B. King, A. Dunlap King, Joseph J. Lampe, Sidney G. Law, Theodore Leon- 358 hard, Wilton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, Wm. M. Martin, Charles P. Mallery, Francis H. Marling, Henry T. McEwen, James H. Mcllvaine, Alex. H. McKinney, Alex. McLean, Duncan J. McMillan, Horace G. Miller, Geo. J. Mingins, Wm. L. Moore, James C. Nightingale, Geo. Nixon, Israel H. Northrup, Daniel H. Overton, Charles H. Parkhurst, Levi H. Parsons, James G. Patterson, John P. Paxton, Edward P. Payson, Geo. S. Payson, George L. Prentiss, Hugh Pritchard, James S. Ramsay, Daniel Redmon, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliffson, William A. Rice, Robert F. Sample, Joseph A. Saxton, Adolphus F. Schauffler, J. Balcom Shaw, Geo. L. Shearer, Wm. G. T. Shedd, Andrew Shiland, David G. Smith, Wilton M. 81 Smith, Wm. C. Stitt, diaries A. Stoddard, J. Ford Sut- ton, Alex. W. Sproull, Geo. L. Spining, Charles L. Thompson, John J. Thompson, Charles H. Tyndall, Henry M. Tyndall, Henry Van Dyke, Marvin R. Vincent, Fred- erick E. Voegelin, Thomas G. Wall, Abbott L. R. Waite, W. Scott Watson, Geo. S. Webster, Erskine N. White, John T. Wilds, Livingston WilJard, David G. Wylie. Elders — Moses P. Brown, Adams Memorial ; James 359 Tom|:»kins, Bethany ; Albert R. Ledoux, Brick ; A. P. Ketcham, Calvary ; Wm. Mickens, Central ; Andrew Robinson, Christ ; James McDowell, East Harlem ; H. Edward Rowland, Fifth Avenne ; Eugene McJimpsey, First ; John Mc William, Fourth ; Geo. E. S terry. Fourth Avenue ; Saml. Reeve, Fourteenth Street ; Saml. H. Willard, Harlem ; Joseph Moorhead, Knox ; Henry D. Nicoll, Madison Avenue ; Charles H. Woodbury, Madison Square ; Robert Johnson, Morrisania First ; G. C. King, North ; Henry Q. HaAvley, Park ; James E. Ware, Phil- lips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, River- dale ; Wm. M. Onderdonk, Rutgers, etc. ; Robert Hous- ton, Scotch ; James Anderson, Seventh ; James L. Birdsall, Spring Street; Wm. R. Worrell, Thirteenth 360 Street ; Caleb E. Garey, Tremont ; Thomas Bond, Univer- sity Place ; Robert Gentle, Union Tabernacle ; Wm. A. Wheelock, Washington Heights ; Robert Jaffray, West ; Clarence P. Leggett, West End ; Alexr. Wilson, West F'if ty-first Street ; Richd. Drummond, Westminster. The resolution offered at the close oi: the session yester- day afternoon, to j)roceed at once to take up the objec- tions in their order, was taken up. The first objection of Dr. Briggs to the charges and speciiications was not sustained. The second objection of Dr. Briggs to the charges and specifications was not sustained. Dr. Briggs reserved his rights (page 251 in the steno- grapher's report) to apply them to the specific charges. It was, on motion, resolved that without sustaining the 361 general objection to the relevancy of the proofs from 82 Scripture, catechisms and confession, the Presbytery direct the transference of these proofs from the specifica- tions to the charges. A division of the house being called for, the above resolution v^as sustained by a vote of 71 to 56. The Committee of Prosecution took exception, and asked to have entered upon the record an exception to the action of the Presbytery in directing the transference of the proofs from Scri^^ture, catechisms and confession from the specifications to the charges. It was moved, that in view of the fifth objection of the defendant that the last paragraph of the amended charges from the words " The Presbyterian Church, etc." at the bottom of page 35 be stricken out. It was then moved to amend the resolution by instructing the 362 Committee to amend the last clause of the Charges by stating what portion of the Holy Scriptures, the works of Rev. Charles A. Briggs, D. D., and the Standards they intend to present as evidence in the case. This amendment was lost by a vote of 23 to 84. The resolution being voted upon was lost. The ayes and noes being called for, the resolution was lost by the following 68 persons in the affirmative, and the following 70 persons in the negative : Ministers : Aye — Geo. Alexander, Antonio Arreghi, Anson P. Atterbury, W. Wallace Atterbury, Frederick G. Beebe, Francis Brown, James Chambers, Edward L. Clark, Ira S. Dodd, D. Stuart Dodge, Wm. Durant, John H. Edwards, Frank F. Eliinwood, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Herbert Ford, Charles R. Gillett, Henri L. Grandlienard, Wm. R. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Saml. M. Jackson, Milton S. Littlefield, Danl. E. Lorenz, Wm. M. Martin, Francis H. Marling, 363 Henry T. McEwen, James H. Mcllvaine, Duncan McMillan, Geo. J. Mingins, Daniel H. Overton, Charles H. Parkhurst, Geo. S. Payson, Geo. L. Prentiss, James S. Ramsay, Daniel Redmon, Stealy B. Rossiter, Albert 83 G. Iliiliffson, Wm. A. Rice, Joseph A. Saxtoii, Philip Scbaff, J. Balcom Shaw, David G. Smith, Wilton M. Smith, Geo. L. Spining, Charles L. Thompson, Henry Van Dyke, Marvin R. Vincent, Geo. S. Webster— 52. Elders : Aye— Moses P. Brown, Albert L. Ledoux, Wm. Mickens, Saml. Reeve, Charles II. Woodbury, Robert Johnson, G. C. King, Henry Q Hawley, James E. Ware, Geo. C. Lay, Cleveland H. Dodge, Thomas Bond, Robert Gentle, Wm. A. Wheelock, Robert Jaffray, Clarence P. Leggett — 16. Ministers: Nay — Sam'l D. Alexander, Nicholas Bjerring, Robert R. Booth, Samuel BoAvden, Thomas S. Bradner, Walter D. Buchanan, Nathaniel W. Conkling, Wilbur P. Crafts, Conrad Doench, Thomas Douglas, Howard Duffield, Henry B. Elliot, Jesse F. Forbes, James Hall, A. Woodruff Halsey, Joseph R. Kerr, Albert B. King, Alex. D. King, Sidney G. Low, Theodore Leonhard, John C. Lowrie, Charles P. Mallery, Alexander 364 McLean, Horace G. Miller, Wm. L. Moore, James C. Nightingale, George Nixon, Israel H. Northrup, Levi H. Parsons, James G. Patterson, Edward P. Payson, Hugh Pritchard, Charles S. Robinson, AdolxDhus F. Schauffler, George L. Shearer, Wm. G. T. Shedd, Andrew Shiland, AVm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, John J. Thompson, Henry M. Tyndall, Frederick E. Yoegelin, Thomas G. Wall, Abbott L. R. Waite, W. Scott Watson, Erskine N. White, John T. Wilds, Livingston Willard, David G. Wylie, Walter B. Floyd— 52. Elders: Nay — James Tom]3kins, A. P. Ketcham, Andrew Robinson, James McDowell, H. Edwards Rowland, Eugene McJimpsey, John McWilliam, Geo. E. Sterry, Samuel H. Willard, Joseph Moorhead, Henry D. Nicoll, Wm. M. Onderdonk, Robert Houston, James Anderson, James L. Birdsall, William R. Worrall, Caleb E. Garey, Richard Drummond — 18. Dr. Briggs gave notice of an exception and notice of an appeal and complaint. 84 365 It was resolved that the sessions of Presbytery here- after close on Thursday afternoon instead of on Friday as in the original motion. The minutes were read and approved as far as written. Presbytery now took a recess until to-morrow at 2 p. m. S. D. Alexander, Stated Clerk. Scotch Church, December 1st, 2 p. m. BRIGGS CASE. Presbytery convened after recess and was opened with prayer. Present: Ministers — John G. Bliss, Mod' r ; Geo. Alex- ander, Saml. D. Alexander, Antonio Arreghi, Anson P. Atterbury, W. Wallace Atterbury, Wm. H. Beach, Frederick G. Beebe, Geo. W. F. Birch, Nicholas Bjerring, Robert R. Booth, Samuel Bowden, Thomas S. Bradner, Charles A. Briggs, Francis Brown, Walter D. Bnclianan, James Chambers, Edward L. Clark, Nathl. W. Conkling, Wilbur F. Crafts, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Wm. Durant, Thomas Douglas, Howard Duffield, John H. Edwards, Frank F. EUinwood, 3(;,6 Henry B. Elliot, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Her- bert Ford, Charles R. Gillett, Henri L. Grandlienard, James Hall, A. Woodruff Halsey, Wm. R. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Samuel M. Jackson, Joseph H. Kerr, Albert B. King, Alex. D. King, Jos. J. Lampe, Sidney G. Law, Theodore Leonhard, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, William M. Martin, Charles P. Mallery, Francis H. Marling, Henry T. McEwen, James H. Mcllvaine, Alex. McKinney, Alex. McLean, Duncan J. McMillan, Horace G. Miller, Geo. J. Mingius, Wm. L. Moore, James C. Mghtingale, Geo. Nixon, Israel H. Northrup, Daniel H. Overton, Charles H. Parkhurst, Levi Parsons, James G. Patterson, John R. Paxton, Wm. M. Paxton, Edward P. Payson, Geo. 85 S. Payson, Geo. L. Prentiss, Hugh Pritchard, James S. Ramsay, Daniel Redmon, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliffson, Wm. A. Rice, Robert F. Sample, Joseph Sanderson, Joseph A. Saxton, Philip Schaff, Adolphus F. Schauffler, J. Balcom Shaw, Geo. L. Shearer, Wm. G. T. Shedd, Andrew Shiland, Wilton M. Smith, Wm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spining, Charles L. Tliompson, John J. Thompson, Charles H. Tyndall, 357 Henry M. Tyndall, Marvin R. Vincent, Frederick E. Yoegelin, Thomas G. Wall, Abbott L. R. Waite, W. Scott Watson, Geo. S. Webster, Erskine N. White, John T. Wilds, Livingston Willard, David G. Wylie. Elders— Moses P. Brown, Adams Memorial ; James Tompkins, Bethany ; Albert R. Ledoux, Brick ; A. P. Ketcham, Calvary ; Wm. Mickens, Central ; James McDowell, East Harlem ; H. Edwards Rowland, Fifth Avenue ; Eugene McJimpsey, First ; John Mc William, Fourth ; Geo. E. Sterry, Fourth Avenue ; Samuel Reeve, Fourteenth Street ; Samuel H. Willard, Harlem ; Joseph Moorhead, Knox ; Henry D. Nicoll, Madison Avenue ; Charles H. Woodbury, Madison Square ; Robert John- son, Morrisania First ; Thomas Anderson, New York ; G. C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phillips ; Geo. C. Lay, Puritans ; Cleveland H. 368 Dodge, Riverdale ; Wm. M. Onderdonk, Rutgers ; Robert Houston, Scotch ; James L. Birdsall, Spring Street ; James Anderson, Seventh ; Caleb E. Garey, Tremont ; Tljomas Bond, University; Robert Gentle, Union Taber- nacle ; Wm. A. Wheelock, Washington Heights ; Robert Jaffray, AVest ; Clarence P. Leggett, West End ; Alex. Wilson, West Fifty-first Street ; Richard Drummond, AVestminster. The objections of Dr. Briggs were again taken up, when it was resolved that in view of the conditional waiver made by the defendant, Presbytery, Presbytery without passing upon his objection to Charges I., II., III., V. and YL, rules that in taking the vote, each of the items in 86 those charges as indicated by numerals in the objections tiled, shall be voted upon separately. 369 The Committee of Prosecution take exception and ask to have entered upon the record an exception to the ac- tion of the Presbytery in view of the conditional waiver made by the defendant, Presbytery, without passing upon his objections to Charges I., II., III., V. and YI., rules that in taking the vote each of the items in those Charges as indicated by numerals in the objections hied, shall be voted upon separately. It was then resolved that the proceedings are found in order, and that the Charges and Specifications in their amended form be considered sufficient to put the accused on his defense. Whereupon Dr. Briggs was called upon to plead guilty or not guilty. He pleaded not guilty. The accused then waived the notice of testimony under Section 23 of the Book of Discipline. The Prosecuting Committee then took up the case, and put in evidence pamphlets marked A and B, being the 370 1st and 2d editions of the Inaugural Address, and the Preface and Appendix to the 2d edition ; and all the works of the said Hev. Charles A. Briggs, D. D., quoted therein, in so far as they bear upon this case, the whole of the Holy Scriptures and the whole of the Standards of the Presbyterian Church in the United States of America. Here the Prosecution rested its evidence. It was resolved that the evidence otfered by the Prose- cution be considered competent. Dr. Briggs then gave notice of an exception and appeal. It was resolved that we take recess until Monday after- noon next at 2 p. m. After the reading and approval of the minutes so far as written, and prayer, Presbytery took recess as above. S. D. Alexander, Stated Clerk. 87 New York, Stii December, 1892. 371 BRIGGS CASE. Scotch Church, Monday, 5, 2 p. m. After recess Presbytery met and was opened with prayer. Present: Ministers— John C. Bliss, Mod'r ; Geo. Alex- ander, Saml. I). Alexander, Antonio Arreglii, Anson P. Atterbnry, W. Wallace Atterbury, Frederick G. Beebe, Geo. W. F. Birch, Nicholas Bjerring, Robert E. Booth, Thomas S. Bradner, Charles A. Briggs, Francis Brown, Walter Buchanan, James Chambers, Edward L. Clark, Nathaniel W. Conkling, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, William Durant, Thomas Douglas, Howard Duffield, John H. Edwards, Frank F. Ellinwood, Henry B. Elliot, Wm. T. Elsing, Cliarles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri L. Grandlienard, James Hall, A. Woodruff Halsey, Wm. E. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Saml. M. Jackson, A. D. Lawrence Jewett, Joseph R. Kerr, Albert B. King, A. Dunlop King, Joseph J. Lampe, Sidney G. Law, Theo- dore Leonhard, Milton S. Littlefield, John C. Lowrie, 372 Daniel E. Lorenz, Wm. M. Martin, Charles P. Mallery, Francis H. Marling, Henry T. McEwen, Alex. H. McKin- ney, Alex. McLean, Duncan J. McMillan, Horace G. Miller, Geo. J. Mingins, Wm. L. Moore, James C. Night- ingale, Geo. Nixon, Israel H. Northrup, Daniel H. Over- ton, Charles H. Parkhurst, Levi H. Parsons, James G. Patterson, Edward P. Payson, Vincent Pisek, George L. Prentiss, Hugh Pritchard, James S. Ramsay, Daniel Redmon, Charles S. Robinson, Stealy B. Rossiter, Albert G, Ruliffson, Wm. A. Rice, Robert F. Sample, Joseph Sanderson, Joseph A. Saxton, Philip Schaff, Adolplms Schauffler, J. Balcom Shaw, Geo. L. Shearer, Wm. G. T. Shedd, Andrew Shiland, Wilton M. Smith, Wm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, 88 Geo. L. Spining, Charles L. Tliompson, John J. Thomp- son, Henry M. Tyndall, Henry Van Dyke, Marvin R. Vin- cent, Frederick E. Yoegelin, A. L. R. Waite, W. Scott Watson, Geo. S. Webster, Erskine N. White, John T. Wilds, Livingston Willard, David G. Wylie. 373 Elders — Moses P. Brown, Adams Memorial ; Albert R. Ledoux, Brick ; A. P. Ketcham, Calvary ; Wm. Mickens, Central ; Andrew Robinson, Christ ; James McDowell East Harlem ; H. Edwards Rowland, Fifth Avenue ; Eugene McJimpsey, First ; John Mc William, Fourth ; Geo. E. Sterry, Fourth Avenue ; Saml. Reeve, Fourteenth Street ; Samuel H. Willard, Harlem ; Joseph Moor- head, Knox ; Henry D. Nicoll, Madison Avenue ; Charles H. Woodbury, Madison Square ; Robert Johnson, Mor- risania First ; Thomas Anderson, New York ; Gerardu& C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phillips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverside ; Wm. M. Onderdonk, Rutgers R. ; Robert Houston, Scotch ; James Anderson, Seventh ; 374 James L. Birdsall, Spring Street ; Wm. R. Worrall, Thirteenth Street ; Clarence E. Garey, Tremont ; Thomas Bond, University ; Robert Gentle, Union Tabernacle ;. Wm. A. Wheelock, Washington Heights ; Robert Jaf- fray, West ; CI. P. Leggett, West End ; Alex. Wilson, West Fifty-first Street ; Richard Drunimond, West- minster. The Committee of Prosecution was permitted to intro- duce the following additional evidence : (1) The Inaugural Address, 3d Edition, by Charles A. Briggs, D. D. (2) Newman's Apologia pro vita sua, pages 1 and 4 in volume marked D. (3) Martineau's Seat of Authority in Religion. Book L, Chapter 1 and 2. Book IL, Chapter 2 ; Book IV., Chap- ter 2, in volume marked E. (4) The Constitution of the Presbyterian Church in the 375 United States of America, marked F. (5) The Holy Bible, marked G. 89 (6) Messianic Prophecy, by Charles A. Briggs, D. D., marked H (1). (7) Biblical Study, by Charles A. Briggs, D. D., marked H {2), (8) Whither, by Charles A. Briggs, D. D., marked H (3). Dr. Briggs then introduced his evidence as follows : (1) I offer in evidence the whole of the Holy Scriptures of the Old and New Testaments in the following texts and versions, (a) The Hebrew text of the Old Testament. Theile's editions, (b) The Septuagint version of the Old Testament, Sweet's edition, (c) Tiie Greek text of the New Testament, edition of Westcott & Hort. {d) Tlie re- vised English versions of the Old and New Testaments. {e) The authorized version, the variorum reference 376 edition. I submit these, without reading, according to the ruling of Presbytery. (2) I offer in evidence the Standards of Presbyterian Church in the United States of America in the amended edition, published by the Presbyterian Board of Publica- tion, 1891. I submit these, without reading, according to the ruling of the Presbytery, with the exception of a few passages which I shall now read. The Westminster Confession, L, i., 4, 5, 6, 7 ; X., I ; XIIL, 1 ; XVIIL, 1, 2 ; XX., 2 ; XXY., 3 ; XXYIL, 3 ; Larger Catechism, Ques. 90 ; Shorter datechism, Qaes. 2 ; Book of Discipline, Sec. 1. (3) I shall offer in evidence the Inaugural Address as published in the first edition, with accompanying docu- ments, under the title "The Edward Robinson Chair of Biblical Theology," as published in the second edition with an appendix, and as published in a third and fourth edition with appendices, all under the title "The Author- ity of Holy Scripture." I beg leave to put a copy of the third edition of these documents in the hands of every member of the Court, in place of reading them, except so far as the following extracts, which I shall now read, in order to put the 377 citations made by the Prosecution in the light of their 90 context. I shall read p. 4-6 ; p. 10. I ask the Court to read especially 23-29, 32-36, 62, 65. I shall read from the appendices 85-89, 111. (4) I oifer in evidence the following official documents in so far as they bear upon this case. (a) The Confession of Faith, together with the Larger and Lesser Catechisms composed by the reverend assem- bly of divines sitting at Westminster ; edition of 1658. (p) The Minutes of the Sessions of the Westminster Assembly, Nov., 1644, to March, 1649, edited for the Com- mittee of the Church of Scotland, with an introduction by A. F. Mitchell, Edinburgh, 1874. (c) The Records of the Presbyterian Church in the United States of America, published by Presbyterian Board of Publication. (d) The Minutes of the Presbyterian Church in the United States of America, 1789-1892. (e) The Minutes of the Presbytery of New York. (/) The stenographical report of the meeting of Presby- tery, Oct. 5th, 1891. (g) The stenographical report of the meeting of Presby- tery of New York, Nov. 4th, 1891. 378 (h) Stenographical report of the Sessions of the Gen- eral Assembly at Portland, May 26-30, 1892. (^) The Creeds of Christendom, by Dr. Schaff. I submit these documents, without reading, in accord- ance with the ruling of the Presbytery, with the exception of the following extracts which I shall read to the Court at this time. Read extract from the Minutes of Presby- tery, Oct. 5th, 1891, as given in the Case, pp. 135, 137. (5) Inasmuch as the Prosecution have put in evidence all the works of Dr. Briggs quoted in the first and second editions of the Inaugural Address, so far as they ^'bear upon this case," the defendant puts in all the works of Dr. Briggs " in so far as they bear upon this case." These are put in evidence, without reading, in accordance with the ruling of the Presbytery, save the following testi- mony, which I shall read at the present time. 91 (a) Address on the occasion of liis inauguration as Davenport professor of Hebrew and tlie cognate languages 379 in the Union Theological Seminary, October, 1876. (Read pp. 6, 7, 15, 16.) (b) Article in the Presbyterian Review, 1881, on tJie right, duty and limits of Biblical criticism^ pp. 242, 243, 138. {&) Article on Biblical Theology in the Presbyterian Review, 1882, pp. 516-527, which was taken up into Bibli- cal study in 1884 as Chapter XI., pp. 387, 404. {d) The Holy Scriptures a means of grace. Address before the Sunday School Teachers of the Presbytery of New ^ork in 1883, repeated before the Reformed Theological Seminary at Lancaster and pub- lished as Chapter XII. of Biblical Study in 1884. (Read pp. 411, 412, 416, 417.) {e) Article on, A Critical Study of the History of the Higher Criticism^ in the Presbyterian Review, 1883. (Read pp. 129, 130.) {f) Address at the beginning of the term of Union Theological Seminary, September, 1883, in Interpretation 330 of Holy Scripture, published as Chap. 10 of Biblical Study in 1884. (Read pp. 359, 355, 356.) {g) Biblical Study, first edition 1884, second, third and fourth editions in subsequent years. (Read pp. 136, 137, 222, 227, 228, 240, 241.) {h) American Presbyterianism, published in 1885. (Read pp. 9, 10.) (i) Messianic Prophecy, published in 1886. (Read pp. 67, 192, 408.) {j) Whither, published in 1889, second and third edi- tions, 1890. (Read pp. 11, 285-287.) (Jc) Article, Bedemjytion after Death, in the Magazine of Christian Literature, Dec, 1889 (pp. 112, 114). (Z) The Bible, the Church and the Reason^ 1891, con- sisting of an address at the opening of the term of the Union Theological Seminary, September 19, 1889, on Biblical History ; an address delivered at Wellesley Col- lege, and before the American Institute of Sacred Litera- 381 92 ture, at Chicago, on tlie Messianic Ideal, in ]890, and several lectures delivered in the city of New York, and elsewhere, in order to set forth the defendant's views of the Bible, the Church and the Reason, in 1891. (Read pp. 63, 64, 115, 117.) I beg leave to put a copy of this volume in the hands of every member of the Presbytery and to ask them to read it as an exposition of the Inaugural for the people in the matter included in the title. Other passages will be read in the argument for the defense. (6) I put in evidence all the authorities cited in my writings "in so far as they bear upon this case," and es- pecially the following : The Synod of New York and Philadelphia Vindicated, 1765. Eight letters of Antony Tuckney and Benjamin AVhichcote, London, 1755. 382 Wm. G. T. Shedd, Dogmatic Theology, 1888. Orders and Regulations for Field Ofiicers of the Salva- tion Army, London, 1891. Ball, Treatise of Faith, 1837. Martineau's Seat of Authority in Religion. Westcott's Commentary on the Epistle of John New- man's Apologia. A. A. Hodge and B. B. Warfield, Article, Inspiration, in Presbyterian Review, Vol. II. John Wallis, Sermons, London, 1791. Schaff, Church History, The German Reformation, 1888. Lyford, Plain Man's Senses Exercised, 1655. Best, Commentary on Galatians. Schaff, Commentary on Galatians. Lechler, Commentary on Acts. Evans and Smith, Inspiration and Inerrancy, new edi- tion, 1892. Alexander, Commentary on Acts. Delitzsch, Commentary on Genesis, new edition, 1887. A. B. Davidson, Commentary on Job, 1884. 93 Delitzsch, Commentary on Ecclesiastes, 1875. Kirkpatrick, Commentary on Samuel, 1884. Perowne, Commentary on the Psalter, 6tli edition, 1886. Wesley's Sermons, cxxvi. 383 Calvin's Commentaries on the New Testament. Westcott, Commentary on Hebrews, 1889. Cotton Mather, Hades Looked Into, 1717. Dorner's Future State, edited by Smythe, 1883. A. P. Mitchell, The Westminster Assembly, 1883. A. H. Strong, Systematic Theology, 1886. Dr. Prentiss's Article, Infant Salvation, in the Presby- terian Review, Vol. lY. Cx. P. Fisher, Nature and Method of Revelation, 1890. Lux Mundi, 1890, 1892. White's Way to the Tree of Life, 1848. Sunday, Oracles of God, 1891. A. B. Bruce, Kingdom of God, 1890. H. B. Smith, System of Theology, 1884. W. G. T. Shedd, Article, New York Observer, 1891. W. H. Green, Article, New York Observer, 1891. Add here the following writers who testify to errors in Holy ScriiDture, pp. 215, 235, of Bible, Church and Reason. And also the following writers who testify against the Mosaic authorship of the Pentateuch and the integrity of Isaiah, pp. 236, 247, of Bible, Church and Reason. These are submitted, without reading, in accordance with the ruling of the Presbytery. All this evidence, whether read or not read, is filed so far as it bears upon this case. The question was here raised by the Prosecuting Com- 334 mittee of the necessity of putting Dr. Briggs under oath, in order to the admission of the evidence presented by him from his own works, otherwise said quotations should not be accepted as evidence. The parties were heard on this point, and the Moderator decided that because the whole evidence offered in the case was documentary and not personal or oral, and admitted to be authentic, the administration of the oath was not necessary. 94 From this decision tlie Prosecuting Committee took exception, and asked to have entered upon the record an exception to the above decision. It was then resolved that the documentary evidence which has been offered by the defendant be considered competent, whereupon the Prosecuting Committee took exception and asl^ed to have entered upon the record an exception to the decision of the Presbytery in admitting as lawful and competent evidence any part of tlie quota- 385 tions made by the accused, in so far as they are writings or extracts from the writings of the accused, without his having first taken the oath or affirmation required by sec- tion 61 of the Book of Discipline. The evidence from both parties having been entered, the Moderator announced that it is now proper to hear from the Prosecuting Committee. Whereupon Dr. Birch, of the Prosecuting Committee, was heard in part. The minutes were read and approved as far as written. After prayer, Presbytery took a recess until to-morrow at 2 p. M. S. D. Alexander, Stated Clerk, 386 New Yoek, 6th December, 1892. BRIGGS CASE. Scotch Church, Tuesday, Dec. 6, 2 p. m. Opened with prayer. Present : Ministers — John C. Bliss, Moderator ; Geo. Alexander, Samuel D. Alexander, Anson P. Atterbury, W. W. Atterbury, Frederick G. Beebe, Geo. W. F. Birch, Nicholas Bjerring, Robert R. Booth, Samuel Bowden, Thomas S. Bradner, Charles A. Briggs, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, Nathaniel W. Conkling, Wilbur F. Crafts, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Wm. Durant, Thomas Douglas, Howard Duffield, John H. Edwards, Frank F. Ellinwood, Henry B. Elliot, Wil- liam T. Elsing, Charles P. Fagnani, Henry M. Field, 95 Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri L. Grandlienard, James Hall, A. Wood- ruff Halsey, Wm. R. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hun- ter, Samuel M. Jackson, Joseph R. Kerr, Albert B. King, A. Dunlop King, Josepli J. Lampe, Theodore Leonliard, Milton S. Littlefleld, John C Lowrie. Daniel E. Lorenz, Wm. Martin, Charles P. Mallery, Francis H. Marling, Henry T. McEwen, James H. Mcllvaine, Alex. H. 387 McKinney, Alex. McLean, Duncan J. McMillan, Horace G. Miller, Wm. L. Moore, James C. Nightingale, Geo. Nixon, Israel H. Northrup, Daniel H. Overton, Levi Parsons, James G. Patterson, John R. Paxton, Edward P. Payson, Geo. S. Payson, Vincent Pisek, Hugh Prit- chard, James S. Ramsay, Daniel Redmon, Charles Rob- inson, Stealy B. Rossiter, Albert G. Ruliffson, William A. Rice, Robert F. Sample, Joseph Sanderson, Joseph A. Saxton, Philip Schaff, J. Balcom Shaw, Geo. L. Shearer, Wm. G. T. Shedd, Andrew Shiland, Wilton M. Smith, Wm. S. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spinning, Charles L. Thompson, John J. Thompson, Henry M. Tyndall, Henry Yan Dyke, Marvin R. Vincent, Fred. E. Voegelin, Thomas G. Wall, Abbott L. R. Waite, W. Scott Watson, Geo. Webster, Erskine N. White, John T. Wilds, Livingston Willard, David G. Wylie. Elders— Moses P. Brown, Adams Memorial ; James 388 Tompkins, Bethany ; Albert R. Ledoux, Brick ; A. P. Ketcham, Calvary ; Wm. Mickens, Central ; Andrew Robinson, Christ ; James McDowell, East Harlem ; H. Edwards Rowland, Fifth Avenue ; Eugene McJimpsey, First ; John Mc William, Fourth ; Geo. E. Sterry, Fourth Avenue ; Samuel Reeve, Fourteenth Street ; Samuel H. Willard, Harlem ; Joseph Moorhead, Knox ; Charles H. Woodbury, Madison Square ; Robert Johnson, Morris- ania First ; Thomas Anderson, New York ; Gerardus C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phillips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Wm. M. Onderdonk, Rutgers R. ; Robert 96 Houston, Scotch ; James Anderson, Seventh ; James L. Birdsall, Spring Street ; Wm. R. Worrall, Thirteenth Street ; C. E. Garey, Tremont ; Thomas Bond, University Place ; Robert Gentle, Union Tabernacle ; Wm. A. AVheelock, Washington Heights ; Robert Jaffray, West ; 389 C. P. Leggett, West End ; Richard Drummond, West- minster. It was resolved that a committee of five be appointed to consider and report a principle which shall guide the Presbytery in the granting of permission to vote after temporary absence, and also to receive the excuses ^vhich are offered, and report upon the same to the Presbytery. The Moderator therefore appointed as this committee Messrs. Henry Van Dyke, Anson P. Atterbury and James C. Nightingale, with elders Geo. E. S terry and A. P. Ketch am. Dr. Birch, of the Prosecuting Committee, now continued his argument. Dr. Briggs asked respecting the evidence submitted by him yesterday, that certain extracts from publications named, as indicated in the pages given, which he offered 390 without reading, in order to save time, be incorporated in the stenographer's notes. Whereupon the Moderator decided that this should be done. The Committee on Leave of Absence reported as follows : 1st. That the excuse for absence shall relate to a positive and important duty. 2d. That it shall not involve absence during two consecutive sessions. 3d. That the absentee shall qualify himself for voting by readino- the records of the meeting at which he was absent. 4th. Excuses must be in w^riting. The minutes were read and approved. Presbytery now took a recess until to-morrov/ at 2 p. M. Concluded with prayer. S. D. Alexandee, Stated Cleric. 97 New York, 7th December, 1892. 391 Scotch Church, Dec. 7, 2 p. m. BRIGGS CASE. After recess Presbytery met and was opened with prayer. Present : Ministers— John C. Bliss, Moderator ; Geo. Alexander, Samuel D. Alexander, Anson P. Atterbury, W. Wallace Atterbury, Frederick G. Beebe, Geo. W. F. Birch, Nicholas Bjerring, Robert R. Booth, Samuel Bowden, Thomas S. Bradner, Charles A. Briggs, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, Nathaniel W. Conkling, Wilbur F. Crafts, John B.Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Wm. Durant, Thomas Douglas, Howard Duffield, John H. Edwards, Frank F. EUinwood, Henry B. Elliot, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri L. Grandlienard, James Hall, A. Woodruff Halsey, Wm. R. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Samuel M. Jackson, A. D. Lawrence Jewett, Joseph R. Kerr, Albert B. King, Alexander Dunlap King, Joseph J. Lampe, The. Leonhard, Milton S. Littlelield, John C. Lowrie, 392 Daniel E. Lorenz, Wm. M. Martin, Charles P. Mallery, Francis H. Marling, Henry T. McEwen, James H. Mcllvaine, Alex. H. McKinney, Alex. McLean, Duncan J. McMillan, Horace G. Miller, Wm. L. Moore, James C. Nightingale, George Nixon, Israel H. Northrup, Danl. H. Overton, Charles H. Parkhurst, Levi H. Parsons, James G. Patterson, John R. Paxton, Edward P. Payson, Geo. S. Payson, Hugh Pritchard, James S. Ramsey, Danl. Redmon, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliffson, Wm. A. Rice, Robert P. Sample, Joseph Sanderson, Joseph A. Saxton, Philip Schaff, J. Balcom Shaw, Geo. L. Shearer, Wm. G. T. Shedd, Andrew Shiland, Wilton M. Smith, Wm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alexander W. Sproull, Geo. 98 L. Spining, Charles L. Thompson, John J. Thompson, Henry M. Tyndall, Henry Yan Dyke, Marvin R. Vincent, Fredk. E. Voegelin, Thomas G. Wall, Abbott L. R. Waite, W. Scott Watson, Geo. S. Webster, John T. Wilds, Livingston Willard, David G. Wylie. 393 Elders — Moses P. Brown, Adams Memorial ; James Tompkins, Bethany ; Albert R. Ledoux, Brick ; A. P. Ketcham, Calvary ; Wm. Mickens, Central ; Andrew Robinson, Christ ; James McDowell, East Harlem ; H. Edwards Rowland, Fifth Avenue ; Eugene McJimpsey, First ; John McWilliam, Fourth ; Geo. E. Sterry, Fourth Avenue ; Saml. Reeve, Fourteenth Street ; Saml. H. Willard, Harlem ; Charles H. Vf oodbury, Madison Square ; Robert Johnson, Morrisania First ; Thomas Anderson, ISTew York ; Gerardus C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phillips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Wm. M. Onderdonk, Rutgers ; Robert Houston, Knox ; James Anderson, Seventh ; James L. Birdsall, Spring Street ; 394 Wm. R. Worrall, Thirteenth Street; C. E. Garey, Tremont ; Thomas Bond, University Place ; Robert Gentle, Union Tabernacle ; Wm. A. Wheelock, Washing- ton Heights ; Robert Jaffray, West ; C. P. Leggett, West End ; Alex. Wilson, West Fifty-first Street ; Richard Drummond, Westminster. The Committee of Leave of Absence reported, recom- mending that the following persons have unanimous con- sent to vote, on condition that they read the evidence submitted during their absence in full. Rev. Messrs. Stitt, W. D. Buchanan, Arreghi, Shaw, E. N. White, DufReld and W. M. Smith under the rules. Whereupon, by consent of the parties and Court, they were so excused. It was resolved that Rev. Messrs. Vincent, Pisek and A. D. Lawrence Jewett, and Elder Alexander Wilson be enrolled. The Rev. Henry Van Dyke, and Anson P. Atterbury resigned from the committee. 99 Mr. McCook, of the Prosecuting Committee, then asked 395 the Clerk to read from pages 572 to 578, inclusive, of the stenographer's minutes of the proceedings of yesterday, Dec. G, 1892, down to and including the sentence in brackets. The extract called for was read. Thereupon the following exception was presented, in compliance with Section 25 of the Book of Discipline : In compliance with Section 25 of the Book of Disci- pline, the Prosecuting Committee take exception, and ask to have their exception entered upon the record as follows : The stenographic report of the proceedings of the judicatory upon December 5, 1892, as. furnished to the parties by the stenographer, beginning at the last line of page 448 (erased page No. 484), being about twenty pages of the stenographer's notes, contain words and matter which were not spoken upon the floor of the Presbytery and were introduced, as is stated by the stenographer, into the stenographic record, upon the 396 request of Prof. Briggs, witli the approval of the Moderator. The Prosecuting Committee further except, and ask leave to have their exception entered upon the record, against the decision and action of the Moderator, taken at the request of Prof. Briggs in instructing^^the stenog. rapher, as appears by page 578 of the stenographer's report of the proceedings of December 6, 1892, to insert at page 408 of the official stenographic report of the pro- ceedings of this court, had at its sessions Monday, Decem- ber 5, 1892, fifteen additional printed sheets. It was resolved that the record of the request of the Prosecuting Committee be stricken out from the minutes, which was done. The Prosecuting Committee gave notice of exception, viz. : The Prosecuting Committee except, and ask their ex- ception to be noted on the record, against the action of the judicatory in striking from the minutes as read the request of the Prosecuting Committee to strike out the 100 matter contained upon pages 44S to a point below the middle of page 468, being about twenty pages of the stenographer's notes, which contain words and mat- 397 ter which were not spoken upon the floor of the Presby- tery, and also the request of the Prosecuting Committee, that fifteen additional sheets which contain words and matter which were not spoken upon the floor of the Presbytery, which have been inserted at page 468 of the official stenographic report, be stricken out and that the accused be not permitted to refer to or use any portion of said twenty pages of the stenographer's notes or of the said fifteen additional printed sheets, or the books or documents therein referred to as evidence upon the trial or in any manner whatever before this judicatory. Dr. Birch, of the Prosecuting Committee, now completed his argument, and Mr. McCook, of the Prosecuting Com- mittee, was heard in part. The Rev. Messrs. Van Dyke and A. P. Atterbury were, on motion, requested to remain on the Committee on Leave of Absence. After the reading a part of the minutes Presbytery took a recess until Tuesday the 13th, at 2 p. m. 398 409 New York, 8th December, 1892. Scotch Ciiuech, 2 p. m. BRIGGS CASE. Presbytery met after recess (Dec. 7) and was opened with prayer. Present: Ministers — John C. Bliss, Mod'r; Geo. Alexander, Saml. D. Alexander, Anson P. Atterbmy, W. Wallace Atterbury, Frederick G. Beebe, Geo. W. F. Birch, Nicholas Bjerring, Robert R. Booth, Saml. Bowden, Thomas S. Bradner, Charles A. Briggs, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, Nathaniel W. Conkling, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Wm. Durant, 101 Thomas Douglas, Howard Duffield, John H. Edwards, Frank F. Ellinwood, Henry B. Elliot, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Hei'bert Ford, Charles R. Gillett, Henri L. Grandlienard, James Hall, A. Woodruff Halsey, Wm. R. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Saml. N. Jackson, A. D. Lawrence, Jos. R. Kerr, Albert B. King, A. Dunlop King, Joseph J. Lampe, Theodore Leonhard, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, W. M. Martin, Charles P. Mallery, Francis H. Marling, Henry 410 T. McEwen, James H. Mcllvaine, Alexander H. McKinney, Alexander McLean, Duncan J. McMillan, Horace G. Miller, Wm. L. Moore, James C. Nightingale, Geo. Nixon, Israel H. Northrup, Daniel H. Overton, Charles H. Parkhurst, Levi H. Parsons, James G. Patterson, John R. Paxton, Edward P. Payson, Geo. S. Payson, Vincent Pisek, Hugh Pritchard, James S. Ramsay, Daniel Redmon, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliifson, William A. Rice, Robert F. Sample, Joseph Sanderson, Joseph A. Saxton, Philip Schaff, J. Balcom Shaw, Geo. L. Shearer, Wm. G. T. Shedd, Andrew Shiland, Wilton M. Smith, Wm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spining, Charles L. Thompson, John J. Thompson, Henr}^ M. Tyndall, Henry YanDj^ke, Marvin R. Vincent, Frederick E. Voegelin, Thomas G. Wall, Abbott L. R. Waite, W. Scott Watson, Geo. S. Webster, John T. Wilds, Erskine N. White, Livinoston Willard, David G. Wylie. Elders — Moses P. Brown, Adams Memorial ; James Tompkins, Bethany ; Albert R. Ledoux, Brick ; A. P. Ketcham, Calvary ; Wm. Mickins, Central ; Andrew Robinson, Christ ; James McDowell, East Harlem ; 411 H. Edwards Rowland, Fifth Avenue ; Eugene McJimpsey, First ; John Mc William, Fourth ; Geo. E. Sterry, Fourth Avenue ; Saml. Reeve, Fourteenth Street ; Saml. H. Willard, Harlem ; Charles H. Woodbury, Madison Square ; Robert Johnson, First Morrisania ; 102 Thomas Anderson, New York ; Gerardus C. King, North ; Henry Q. Ha^vley, Park ; James E. Ware, Phillips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Wm. M. Onderdonk, K-utgers ; Robert Houston, Scotch ; James Anderson, Seventh ; James L. Birdsall, Spring Street; Wm. R. Worrall, Thirteenth Street; C. E. Garey, Tremont ; Thomas Bond, University Place ; Robert Gentle, Union Tabernacle ; Wm. A. Wheelock, Washing- 412 ton Heights ; C. P. Leggett, West End ; Alex. Wilson, West Fifty-first Street ; Richd. Drummond, Westminster. On a question of privilege, notice of intention to protest against matter inserted in the stenographer's notes, not spoken upon the floor, was then given by Elder A. P. Ketcham. Mr. Cook, of the Prosecuting Committee, then completed his argument. It was resolved that when we take recess it be until Tuesday, December 13th, at 2 p. m., in view of the regu- lar monthly meeting of Presbytery on Monday next, at 3 p. M. The minutes were read and approved as far as written. Concluded with prayer. Presbytery took recess until Tuesday next. S. D. Alexander, Stated Cleric. New York, 13th December, 1892. 413 BRTGGS CASE. Presbytery met after recess December 13th, 2 p. m., in the Scotch Church. Present: Ministers— John C. Bliss, Moderator; Geo. L. Alexander, Saml. D. Alexander, Antonio Arreghi, Anson P. Atterbury, W. AVallace Atterburj', Frederick G. Beebe, Geo. W. F. Birch, jS'icholas Bj erring, Robert R. Booth, Saml. Bowden, Thos. S. Bradner, Charles A. Briggs, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, Nathaniel W. Conkling, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad 103 Doencli, Wm. Durant, Tliomas Douglas, Howard DufReld, John H. Edwards, Frank F. Ellinwood, Henry B. Elliott, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R.. Gillett, Henri L. Grandlienard, James Hall, A. Woodruff Halsey, Wm. R. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Saml. M. Jackson, A. D. Lawrence Jewett, Joseph R. Kerr, Albert B. King, A. Dunlop King, Joseph J. Lampe, Theodore Leonhard, Milton S. Littlefield, John C. Lowrie, C. E. Lorenz, Wm. M. Martin, Charles P. Mallery, Francis H. Marling, James H. Mcllvaine, Alex. 414 H. McKinney, Alex. McLean, Duncan J. McMillan, Horace G. Miller, Wm. L. Moore, James C. Nightingale, Israel H. Northrup, Daniel H. Overton, Levi H. Parsons, James H. Patterson, John R. Pax ton, Edward P. Payson, Vincent Pisek, Hugh Pritchard, James S. Ramsey, Daniel Redmon, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliffson, William A. Rice, Robert F. Sample, Joseph Sanderson, Joseph A. Saxton, Philip Schaff, Geo. L. Shearer, Wm. G. T. Shedd, Andrew Shiland, Wilton M. Smith, Wm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spining, Charles L. Thompson, John J. Thompson, Henry M. Tjmdall, Henry Van Dyke, Marvin R. Vincent, Thomas G. Wall, Abbott L. R. W^aite, W. Scott Watson, Geo. S. Webster, Erskine N. White, Livingston Willard, David G. Wylie. Elders — Moses P. Brown, Adams Memorial ; James Tompkins, Bethany ; Albert R. Ledoux, Brick ; A. P. Ketcham, Calvary ; William Mickins, Central ; Andrew 415 Robinson, Christ ; James McDowell, East Harlem ; H. Edwards Rowland, Fifth Avenue ; Eugene McJimpsey, First ; John McWilliam, Fourth ; Geo. E. Sterry, Fourth Avenue ; Saml. Reeve, Fourteenth Street ; Saml. H. W^illard, Harlem ; Charles H. Woodbury, Madison Square ; Robert Johnson, Morrisania First ; Thomas Anderson, New York ; Gerardus C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phillips ; Geo. C. 104 Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Robert Houston, Scotch ; James Anderson, Seventh ; James L. Birdsall, Spring Street ; Wm. R. Worrall, Thirteenth Street ; C. E. Garey, Tremont ; Thomas Bond, University Place ; Robert Gentle, Union Tabernacle ; Wm. A. 416 Wheel ock, Washington Heights ; Robert Jaifray, West ; C. P. Leggett, West End ; Richd. Drummond, West- minster. The Rev. Dr. Briggs now began his defense, and con- tinued his argument until the hour of recess. The following members of the court were excused, under the rules, for a part of this afternoon, Rev. Messrs. J. Balcom Shaw, Henry T. McEwen, James Hunter, Geo. Alexander, Wm. T. Elsing, Thomas G. Wall, Horace G. Miller, and Elders William Onderdonk and Alexander Wilson. The following were also excused for a part of Wednes- day afternoon, Rev. Messrs. Anson P. Atterbury and Nicholas Bjerring and Elder A. R. Ledoux. The following protest, of which notice was given at the last session of the Court, was then presented by A. P. Ketcham, and signed by A. P. Ketcham, Wm. G. T. Shedd, Geo. L. Shearer, Robert Russell Booth, Israel H. Northrup, Charles S. Robinson, Henry B. Elliott, Thomas 42*7 Douglas, Hugh Pritchard, Samuel Bowden, W. B. Floyd, A. W. Sproull, Conrad Doench, H. G. Miller, Robert Houston, James Hall, Abbott L. R. Waite, Thomas Anderson, Wm. R. Worrall, Edward P. Pay son. PROTEST. The undersigned, members of the Presbytery of New York, present at the judicial proceedings held on the fifth and sixth days of December, 1892, in the case of the Presbyterian Church in the United States of America against the Rev. Charles A. Briggs, D. D., and not ap- proving of the proceedings in said case as hereinafter recited, do in compliance with section 104 of the Book of Dicipline, respectfully protest against the injurious and erroneous acts and proceedings hereinafter described. 105 The attention of the judicatory has been called to the fact that the stenographic report of the proceedings of this body upon December 5, 1892, includes about twenty pages of stenographer's notes beginning at the last line of page 448, erased page No. 461, to a point be- 418 low the middle of page 468, erased page No. 484, which contain words and matter which were not spoken upon the floor of the Presbytery, and, as it is stated by the stenographer, were inserted into the stenographic report, upon the request or suggestion of Professor Briggs, with the approval of the Moderator. This insertion of about twenty pages of new matter, which purports to be evidence in the case, now before the Presbytery, was made by the stenographer in the interval between two sessions of the judicatory, and after it had been an- nounced to the house that both of the parties had fully presented their evidence and after the argument in be- half of the Prosecuting Committee had been begun. The fact that it was proposed to insert in the stenographer' s minutes said twenty pages of notes, purporting to be evidence in the case, was not passed upon or authorized by the judicatory or mentioned upon the floor, or in any way called to the attention of the house until towards the close of the next day's session. (Stenographer's Eeport, p. 572.) The attention of the judicatory has also been called to 419 the fact, that in addition to the twenty pages of steno- grapher's notes, containing new matter purporting to be evidence in this case inserted in the stenographer's report as above described, that it appears, by page 578 of the stenographer's report of the proceedings of December 6, 1892, that there had been inserted at page 468 of the official stenographic report of the proceedings of this body, held on Monday, December 5, 1892, fifteen ad- ditional printed sheets, which fifteen additional printed sheets are said to contain words and matter which were not spoken upon the floor of the Presbytery, and were introduced by the stenographer into the official steno- graphic report of the proceedings, as the minutes of De- 106 cember 6, 1892 (page 578), show, upon the request or suggestion of Prof. Briggs, and b}^ direction of the Moderator. This insertion of fifteen additional printed sheets of new matter which purports to be evidence in the case now before this Presbytery was made by the stenographer 420 after it had been announced to the house tliat both of the parties had fully presented their evidence and after the argument in behalf of the Prosecuting Committee had been begun. The fact that it was proposed to insert in the stenog- rapher' s minutes the said fifteen additional printed sheets, purporting to be evidence in the case, was not passed upon or authorized by the judicatory as such. The Prosecuting Committee having called attention to these unauthorized additions to the stenographer's record, above referred to, and having taken exception thereto, they asked that the said twenty pages of stenographer's notes and the said fifteen additional printed sheets, pur- porting to be evidence in the judicial case, so introduced into the official stenographic record, should be stricken therefrom, and that the accused should not be permitted to refer to or use the contents of said twenty pages of stenographer's notes or of the said fifteen additional 421 P^'^^^*^^^ sheets, or any of the extracts, documents or books in either of them contained, recited or referred to, as evi- dence upon the trial, or in any manner whatever before this judicatory, and a motion having been duly made and seconded, that the judicatory should comply with the request of the Prosecuting Committee and strike out all such matter from the stenographic report, said motion was declared b}^ the Moderator to be out of order and was not put to the house ; subsequently, on motion made and seconded, the record upon the official minutes of Presby- tery of the request of the Prosecuting Committee to strike out said twenty pages of stenographer's notes and said fifteen additional printed sheets, was stricken from the minutes of Presbytery, and exception was taken thereto by the Prosecuting Committee. 107 We respectfully protest against the above-described proceedings and action of the judicatory for the follow- ing reasons : First. The stenographic report of the proceedings of a Judicatory should give an exact report of all that is said 422 upon the floor, and nothing more. By the proceedings l^rotested against there has been added to the stenograph- er's record much new matter, which should not have been inserted there. Second. As the new matter thus introduced and im- properly inserted in the stenographer's record, x^virpoi'ts to be evidence in the case, it is misleading, erroneous and irregular and may greatly hamper, embarrass and possi- bly vitiate the entire judicial proceedings. Third. Orderly procedure and obligation to set forth upon the record the exact facts in a judicial proceeding, require that no pains should be spared to secure the ac- curacy and integrity of the official stenographic rejoort of the proceedings. Fourth. By the proceedings and action now protested against, the entire record of this important judicial case may be rendered invalid and ineffectual, thus bringing discredit upon our system and working irreparable dam- age to one or other of the parties, to the cause of truth 423 and the exercise of a wise and just discipline. Signed as above. New York, December 8, 1892. It was then resolved that a committee be ajDpointed to prepare an answer to the above protest to be entered on the record. Whereupon the following were appointed such a committee: Rev. Messrs. Francis Brown and Duncan J. McMillan, with Elder Cleveland H. Dodge. After the reading and approving of the minutes as far as written, Presbytery took a recess till to-morrow at 2 p. M. S. D. Alexander, Stated Clerk. 108 New Yokk, 14tli December, 1892. 424 BRIGGS CASE. Scotch Church, Tuesday, Dec. 14, 2 p. m. Presbytery met after recess and was opened with prayer. Present : Ministers — Jolm C. Bliss, Mod.: Geo. Alex- ander, Saml. D. Alexander, Antonio Arreglii, Anson P. Atterbury, W. Wallace Atterbury, Frederick G. Beebe, Geo. W. F. Birch, Robert R. Booth, Saml. Bowden, Thomas S. Bradner, Charles A. Briggs, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, William Durant, Thomas Douglas, Howard Duffield, John H. Edwards, Frank F. Ellinwood, Henry B. Elliot, Wm. T. E. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri Grandlienard, James Hall, A. Woodruff Halsey, Wm. R. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Saml. M. Jackson, A. D. Law- rence Jewett, Joseph R. Kerr, Albert B. King, A. Dunlap King, Joseph J. Lampe, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, Wm. M. Martin, Charles P. 425 Mallery, Francis H. Marling, Henry T. McEwen, James H. Ilvaine, Alex. H. McKinney, Alexr. McLean, Duncan J. McMillan, Horace G. Miller, Geo. J. Mingins, Wm. L. Moore, James C. Nightingale, Geo. Nixon, Israel H. Northrup, Daniel H. Overton, Levi H. Parsons, James G. Patterson, John R. Patterson, Edward P. Payson, Vincent Pisek, Hugh Pritchard, James S. Ramsey, Daniel Redmon, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliffson, Wm. A. Rice, Robert F. Sample, Joseph Sanderson, Joseph A. Saxton, Philip Schalf, J. Balcom Shaw, George L. Shearer, Wm. G. T. Shedd, Andrew Shiland, Wilton M. Smith, Wm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. 109 L. Spilling, Charles L. Thompson, John J. Thompson, Henry M. Tyndall, Henry Van Dyke, Marvin R. Vincent, Thom^as G. Wall, Abbott L. R. Waite, W. Scott Watson, Geo. S. Webster, Erskine N. White, Livingston Willard, David G. Wylie. Elders — Moses P. Brown, Adams Memorial ; James Tompkins, Bethany ; Alex. P. Ketcham, Calvary ; Wm. Mickens, Central ; Andrew Robinson, Christ ; James McDowell, East Harlem ; H. Edwards Rowland, 426 Fifth Avenue ; Eugene McJimpsey, First ; John Mc William, Fourth ; Geo. E. Sterry, Fourth Avenue ; Saml. Reeve, Fourteenth Street; Saml. H. Willard, Harlem ; Joseph. Moorhead, Knox ; Charles H. Wood- bury, Madison Square ; Robert Johnson, First Morrisania ; Thomas Anderson, New York ; G. C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phillips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Wm. M. Onderdonk, Rutgers, R. ; Robert Houston, Scotch ; James Anderson, Seventh ; Wm. R. Worrall, Thirteenth Street ; C. E. Garey, Tremont ; Thomas Bond, University Place ; Robert Gentle, Union Tabernacle ; Wm. A. Wheelock, Washington Heights; Robert Jaffray, West; C. P. 427 Leggett, West End ; Richd. Drummond, Westminster. After the roll call Dr. Briggs continued his argument. At twenty minutes of four o'clock an intermission of ten minutes was taken, after which Dr. Briggs continued his argument until recess. It was resolved that Dr. Briggs have leave to present to the Court a part of his argument in print without read- ing, and that this part go into the official report of the stenographer. The Prosecuting Committee excepted and asks to have its exception noted ux)on the record to the action of the Presbytery in resolving that Dr. Briggs have leave to present to the Court a part of his argument in print with- out reading, and that this fact go into the official report of the stenographer. Whereupon Dr. Sutton gave notice of protest against this action. no After the reading and approval of the minutes as far as written, and prayer, Presbytery took a recess. S. D. Alexander, Stated Clerk. 428 New York, 15th December, 1892. BRIGGS C/iSE. Scotch Church, 2 p. m. After recess Presbytery met and was opened with prayer. Present : Ministers — John C. Bliss, Mod. ; Geo. Alex- ander, Saml. D. Alexander, Antonio Arreghi, Anson P. Atterbury, W. Wallace Atterbury, Frederick G. Beebe, Geo. W. F. Birch, Nicholas Bjerring, Robert R. Booth, Saml. Bowden, Thomas S. Bradner, Charles A. Briggs, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Wm. Durant, Thomas Douglas, Howard Duffield, John H. Edwards, Frank F. Ellinwood, Henry B. Elliot, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri L. Grandlienard, James Hall, A. Woodruff Halsey, Wm. R. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Saml. M. Jackson, A. D. Law- rence Jew^ett, Joseph H. Kerr, Albert B. King, A. Dunlop King, Joseph J. Lampe, Theodore Leonhard, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, Wm. M. 429 Martin, Ch. P. Mallery, Francis H. Marling, Henry T. McEwen, James H. Mcllvaine, Alex. H. McKinney, Alex. McLean, Duncan McMillan, Horace G. Miller, Geo. J. Mingins, Wm. L. Moore, James C. Nightingale, Geo. Nixon, Israel H. North rup, Daniel H. Overton, Levi H. Parsons, James G. Patterson, John R. Paxton, Edward P. Payson, Geo. S. Payson, Vincent Pisek, Hugh Pritchard, James S. Ramsay, Daniel Redmon, Charles S. Ill Kobinson, Stealy B. Rossiter, Albert G. Ruliifson, Wm. A. Rice, Robert F. Sample, Josepli Sanderson, Joseph A. Saxton, Philip Schaff, J. Balcom Shaw, Geo. L. Shearer, Wm. G. T. Shedd, Andrew Sliiland, Wilton M. Smith, Wm. 0. Stitt, Charles A. Stoddard, J. Ford Sut- ton, Alex. W. Spronll, Geo. L. Spining, Charles L. Thompson, John J. Thompson, Henry M. Tyndall, Henry Van Dyke, Marvin R. Vincent, Fred. E. Yoegelin, Thomas G. AYall, Abbott L. R. Waite, W. Scott Watson, Geo. S. Webster, Erskine N. White, Livingston Willard, David G. Wylie. Elders — Moses P. Brown, Adams Memorial ; James Tompkins, Bethany ; Albert R. Ledoux, Brick ; Alex- ander P. Ketcham, Calvary ; William Mickens, Central ; 430 Andrew Robinson, Christ ; James McDowell, East Harlem; H. Edwards Rowland, Fifth Avenue ; Eugene Mc Jimp- sey. First ; John McWilliam, Fourth ; Geo. E. Sterry, Fourth xlvenue ; Saml. Reeve, Fourteenth Street ; Saml. H. Willard, Harlem ; Joseph Moorhead, Knox ; Charles H. Woodbury, Madison Square ; Robert Johnson, First Morrisania ; Thomas Anderson, New York ; G. C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phil- lips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Wm. M. Onderdonk, Rutgers, R. ; Robert Houston, Knox ; James Anderson, Seventh ; Wm. R. Worrall, Thirteentli Street ; C. E. Garey, Tremont ; Thomas Bond, University Place ; Robert Gentle, Union 431 Tabernacle; Wm. A. Wheelock, Washington Heights; Robert Jaffray, West ; C. P. Leggett, West End ; Richard Drummond, Westminster, etc. After the calling of the roll Dr. Briggs continued his argument. At twenty minutes to four an intermission of a few minutes was taken, after Avhich Dr. Briggs handed to the members of the Court in print a portion of that part of his argument referred to in the resolution of yesterday. He then continued his argument until the hour of recess. Under the rule, and with unanimous consent, the fol- lowing ministers were excused from Monday's session i 112 C. L. Thompson, Henry T. McEwen, Wm. Durant, Erskine N. White, Frank F. EUinwood and Milton S. Littlelield. After reading and approving the minutes so far as written, Presbytery took a recess until to-morrow at 2 p. M. Concluded with prayer. S. D. Alexander, Stated Clerk. 432 New York, 19th December, 1892. Scotch Church, December 19, 2 p. m. Presbytery met after recess and was opened with prayer. Present : Ministers — John C. Bliss, Moderator ; Geo. Alexander, Saml. D. Alexander, Antonio Arreghi, Anson P. Atterbury, W. Wallace Atterbury, Frederick G. Beebe, Geo. W. F. Birch, Nicholas Bjerring, Robert R. Booth, Saml. Bowden, Thos. S. Bradner, Chas. A. Briggs, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Thomas Doug- las, Howard Duffield, John H. Edwards, Frank F. Ellin- wood, Henry B. Elliot, Wm. T. Elsing, Charles P. Fag- nani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri Grandlienard, James Hall, A. W. Halsey, Wm. R. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Saml. M. Jackson, A. D. Lawrence Jewett, Jos. R. Kerr, Albert B. King, A. Dunlop King, Joseph J. Lampe, Theodore Leonhard, Milton S. Littlelield, John C. Lowrie, Daniel E. Lorenz, Wm. M. Martin, Charles P. Mallery, Francis H. Marling, Henry T. McEwen, Alex. McLean, Duncan J. McMillan, Horace G. Miller, Geo. J. 433 Mingins, James C. Nightingale, Geo. Nixon, Israel H. Northrup, Daniel H. Overton, Levi H. Parsons, James G. Patterson, Edward P. Payson, Geo. S. Payson, Vincent Pisek, Hugh Pritchard, James S. Ramsay, Daniel Red- 11:^ mon, Charles S. Robinson, Stealy B. Eorssiter, Albert G. Ruliffson, Wm. A. Rice, Robert F. Sample, Jos. Sander- son, Jos. A. Saxton, Philip Schaff, J. Balcom Shaw, Geo. L. Shearer, Andrew Shiland, Wilton M. Smith, Wm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spining, Cli. L. Thompson, Jolm J. Thompson, Henry M, Tyndall, Henry Van Dyke, Marvin R. Vincent, Frederick E. Voegelin, Thos. G. Wall, Abbott L. R. Waite, W. Scott Watson, Geo. S. Webster, Erskine N. White, Livingston Willard, David G. Wylie. Elders— Moses P. Brown, Adams Memorial ; James Tompkins, Bethany ; Albert R. Ledoux, Brick ; Alex. P. Ketch am, Calvary ; Wm. Mickens, Central ; Andrew Robinson, Christ ; James McDowell, East Harlem ; H. Edwards Rowland, Fifth Avenue ; Eugene McJimpsey, First; John Mc William, Fourth; Geo. E. Sterry, Fourth Avenue ; Saml. Reeve, Fourteenth Street ; Saml. H. Wil- 434 lard, Harlem ; Joseph Moorhead, Knox ; Charles H. Woodbury, Madison Square ; Robert Johnson, First Morrisania ; G. C. King, ]>^'orth; Henry Q. Hawley, Park ; James E. Ware, Phillips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Wm. M. Onderdonk, Rutgers, R. ; Robert Houston, Scotch ; James Anderson, Seventh ; W^m. R. W^orrali, Thirteenth Street ; C. E. Garey, Tremont ; Thomas Bond, University Place ; Robert Gentle, Union Tabernacle ; W^m. A. Wheelock, W^ashington Heights ; Robert Jaffray, West ; C. P. Leg- gett, West End ; Richard Drummond, Westminster. Alter the calling of the roll Dr. Briggs continued his argument. At a quarter to four a brief intermission was taken, when 435 Dr. Briggs concluded his argument. Dr. Briggs raised the following question, viz.: that ac- cording to the Book of Discipline the Prosecution have no right to rebuttal. On this question Dr. Briggs asked for a ruling. The hour of adjournment having arrived, it was resolved at this point that the time be extended fifteen minutes. After hearing from the parties the Moderator ruled : 114 1. Tliat the usage in sucli cases is against the point which is raised. 2. That usage is based upon the law of the Church, governing complaints and appeals, which distinctly give us this order of the opening, and the closing being on the part of those who present their case, the greater includ- ing the less. 3. That the parties cannot have been said to have been heard until the Prosecution has had a full opportunity to present its whole case. It has only presented a part of that case so far. It has taken a very small portion of time compared with that accorded to the defendant. 436 You have heard the defendant patiently and fully, as you should have done, and now, in the view of the Moderator, it is only fair, it is only in accordance with our usage and with the principles of the Book, that the Prosecution should be heard fully, but not presenting new matter. An appeal from the decision of the Moderator was then taken ; whereupon the Moderator' s decision was by vote of the house sustained. Under the rules Rev. Messrs. Jos. H. Kerr and Shearer were, by unanimous consent, excused for to-morrow. After reading and approving the minutes, as far as written, and prayer. Presbytery took a recess until to- morrow, at 2 P. M. S. D. Alexander, Stated Cleric. 437 New Yoek, 20th December, 1892. Scotch Church, Tuesday, Dec. 20th, 2 p. m. Presbytery met after recess and was opened with prayer. Present : Ministers— John C. Bliss, Mod. ; Geo. Alex- ander, Saml. D. Alexander, Antonio^'Arreghi, Anson P. Atterbury, W. Wallace Atterbury, Fred. G. Beebe, Nicholas Bjerring, Robert R. Booth,[,Saml. Bowden, T. S. 115 Bradner, Charles A. Briggs, Geo. W. F. Birch, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Chirk, Ira S. Dodd, D. Stuart Dodge. Conrad Doench, Wm. Durant, Thos. Douglas, Howard Duflield, John H. Edwards, Frank F. Ellinwood, Henry B. Elliot, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri Grandlienard, James Hall, A. Woodruff Halsey, Wm. 11. Harshaw, Thos. S. Hastings, Edward W. Hitch- cock, James H. Hoadley, James Hunter, Saml. M. Jack- son, A. D. Lawrence Jewett, Joseph 11. Kerr, Albert B. King, A. Dunlop King, Joseph J. Lampe, Theodore Leon- hard, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, Wm. M. Martin, Charles P. Mallery, Francis H. Marling, Henry T. McEvven, James H. Mcllvaine, Alex. H. McKinney, Alex. McLean, Duncan J. McMillan, Horace G. Miller, Geo. J. Mingins, Wm. L. Moore, James C. Nightingale, Geo. Mxon, Israel H. Northrup, Dan. H. Overton, Levi H. Parsons, James G. Patterson, John R. Paxton, Edward P. Payson, Geo. S. Pay son, Vincent 433 Pisek, Hugh Pritchard, James S. Ramsay, Daniel Red- mon, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliffson, Wm. A. Rice, Robert F. Sample, Joseph San- derson, Joseph A. Saxton, Philip Schaff, J. B. Shaw, Geo. L. Shearer, Andrew Shiland, Wilton M. Smith, Wm. C. Stitt, Charles A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spining, Ch. L. Thompson, John J. Thompson, Henry M. Tyndall, Henry Van Dyke, Marvin R. Vincent, Fred. E. Voegelin, Thomas G. Wall, Abbott L. R. Waite, W. Scott Watson, Geo. S. Webster, E. IS". White, Livingston Willard, David G. Wylie. Elders — Moses P. Brown, Adams Memorial ; James Tompkins, Bethany; Albert R. Ledoux, Brick; Alex. P. Ketcham, Calvary ; Wm. Mickens, Central ; Andrew Robinson, Christ; James McDowell, East Harlem; H. Edwards Rowland, Fifth Avenue ; Eugene McJimpsey, First ; John McWilliam, Fourth ; Geo. E. Sterry, Uni- versity Place ; Saml. Reeve, Fourteenth Street ; Saml. H. 439 Willard, Harlem ; Joseph Moorhead, Knox ; Ch. H. 116 Woodbury, Madison Square ; Robert Johnson, Morris- ania First ; Thomas Anderson, New York ; G. C. King, JSTorth ; Henry Q. Hawley, Park ; James E, Ware, Phil- lips ; G-eo. C. Lay, Puritans ; Cleveland H. Dodge, River- dale ; Wm. M. Onderdonk, Rutgers ; Robert Houston, Scotch ; James Anderson, Seventh ; Wm. R. Worrall, Thirteenth Street ; C. E. Garey, Tremont ; Thomas Bond, University Place ; Robert Gentle, Union Tabernacle ; Wm. A. Wheel ock, Washington Heights ; Robert Jaffray, West; C. P. Leggett, West End; Richard Druiiiinond, Westminster. After the ca^lling of the roll the Committee a^Dpointed to bring in an answer to the protest made December 13, 440 1892, presented the following answer, viz. : The Presby- tery desires to record the following answer in accordance with Section 106 of the Book of Discipline, to the protest signed by A. P. Ketcham, W. G. T. Shedd, Geo. L. Shearer and others against action of this Judicatory relating to the record of evidence in the case of the Rev. Charles A. Briggs, D. D. I. The Presbytery calls attention to the fact that though the protest is declared to be made against "injur- ious and erroneous acts and proceedings," it cites but one act against which i^rotest is lawful. Section 104 of the Book of Discipline gives to members of a minority the right to protest. A minority exists only when some question has been decided by a majority vote. The only such action related in the protest is the vote of the Pres- bytery to strike out the record of a request made by the Prosecution. Against this action only, among the pro- ceedings set forth in the protest, is the protest lawful. But it is noteworthy that, of the four reasons assigned by the protestants, not one i-elates to the question whether the Presbytery erred in striking out the record of this request. 441 The reasons therefore do not sustain the protest, and it might be enough to record the fact as a sufficient legal answer to the protest. But inasmuch as the protest calls in question certain other proceedings, on alleged 117 grounds of justice and error, the Presbytery deems it wise and proper, notwithstanding this technical defect, to cover in its answer all the matters embraced in the pro- test. IT. The Presbytery finds the relation of facts in the protest to be incomplete, inaccurate and misleading in several particulars, and desires to supplement and correct it, as follows : (a) The matter now appearing on pp. 448-468 of the stenographer's official notes and in the printed sheets in- serted at p. 468 of the said notes, and referred to in the protest, Avas all brought to the notice of the Presbytery, was i)laced in the hands of each member of the Presby- tery and of the Prosecution in printed form, was offered by the defendant as evidence, and was sufficiently de- scribed and identified by him. {b) The defendant was prepared and ready to read the evidence if the Presbytery so desired, and omitted the 442 reading of it solely to save the time of the Presbyter}^, already severely taxed. (c) In this, the defendant evidently acted in good faith, and with the simple desire to meet the convenience of the Presbytery, and the Presbytery so understood and ac- quiesced without a word of dissent. (d) After the defendant had offered all his evidence, including the evidence which has been made the occasion of protest, the Presbytery voted "that the documentary evidence which has been offered by the defendant be considered competent." (Minutes of Presbyter}^ Decem- ber 5, 1892, p. 384.) {e) The contents of the pages indicated, in the stenog- rapher's report, are therefore not "new matter which purports to be evidence," as the protest terms them, nor were they introduced after the time for the lawful intro- duction of evidence was x)ast, but they are a part of the evidence introduced by the defendant lawfully and at the proper time. (/') Assuming it to be true that the matter on pages 448-468 of the stenographer's report was there recorded 443 118 by the antliority of the Moderator, it is evident that the authority of the Moderator, in this, gave effect to the will of the Presbytery indicated hj its acquiescence and con- sent aforesaid. (g) In addition to his general powers as representative of the Presbytery, the Moderator had the special powers vested in him as Chairman and representative of the Committee appointed November 28, 1892, ''to supervise the official stenographer's report of the proceedings." (Minutes of November 28, 1892, p. 347.) {7i) There is no evidence in the stenographer's notes or elsewhere, that the contents of pp. 448-468, of said notes or any part of them, were ' ' inserted ' ' in any other sense than would properly apply to all the stenographer's ma- terials, including his short-hand notes and such written or printed documents as are placed in his hands, which are put in the type- written form ' ' in the interval between two sessions of the judicatory." 444 (i) The fifteen sheets of printed matter referred to in the protest were introduced by the direction of the Mod- erator in open Presbytery, and with tlie full accord of Presbytery ; the Moderator making his decision distinctly, stating it repeatedly, and calling attention to the fact that his decision was subject to an appeal to the house, if any one should appeal ; and neither the Prosecution nor any one of the protestants, nor any other member of the judi- catory, made a motion, or showed a desire to take such an appeal. (Minutes of Dec. 6, 1892, pp. 389, 390 ; Stenog- rapher' s Report, pp. 577, 578.) {j) He previously decided that evidence need not be read to the Presbytery in order to be competent evidence (Minutes Nov. 30, 1892, pp. 362, 370 ; stenographer's re- port, pp. 297, 314, 364), and the action concerning the evi- dence now under consideration accorded with that de- cision. (k) The Presbytery calls attention to the statement of the protest that "a motion having been duly made and seconded, that the judicatory should comply with the re- quest of the Prosecuting Committee and strike out all 119 such matter from the stenographer's report, such motion was declared out of order by the Moderator, and was not put to the house," as an erroneous statement, in that, it appears from the stenographer's notes, no such motion 445 was made. The only motion offered in behalf of the Prosecution in this matter was the motion to have their request entered on the minutes ; an amendment was offered to the effect that their request be excluded from the minutes, and the motion passed in the amended form. (Stenographic report, pp. 582, 591, 662, 681, 684, 696, es- pecially pp. 664, 671 and 672.) III. The reasons assigned in the protest are, as already indicated, totally irrelevant, since they have no connection with the only part of the proceedings referred to against which protest is lawful, viz.: the decision of Presbytery to exclude from the record a request made by the Prose- cution. But they embody criticisms of action taken by the Moderator and the Presbytery which the Presbytery is unwilling to pass by without notice. (a) The first "reason" is, in the judgment of the Presbytery, an invalid criticism, because, while the sten- ographer's report of the proceedings should be an exact 446 record, that report may and properly should include whatever is received and taken as read and spoken, and so given the effect of read or spoken words. The evidence under consideration was, to save valuable time, offered without reading and taken as read. (b) The second "reason" is, in the judgment of the Presbytery, an invalid criticism, because no "new matter ' ' was introduced into the stenographer' s notes, because the matter referred to had been brought before the Presbytery, and was properly introduced, and because said matter is actually evidence in the case, admitted by the Presbytery -as competent. The Presbytery is therefore unable to see how there can be therein anything "misleading, erroneous and irregular," or anything "that may greatly hamper, embarrass and possibly vitiate the entire judicial pro- €eedings." 120 (c) The third "reason" is, in the judgment of the Presbytery, an invalid criticism, because the accuracy and integrity of the official stenographic report of the pro- ceedings were in fact secured by the incorporation of the said matter in the said report, and would not have been secured otherwise. 447 (^d) The fourth ''reason" is, in the judgment of the Presbytery, an invalid criticism, because the Presbytery is unable to see how "the entire records of this important case may be rendered invalid and ineffectual," by the action criticised, unless the incorporation in the record of all the evidence which the judicatory has admitted as competent, instead of the admission of a part, should have the effect of making the record "invalid and inef- fectual," which seems absurd. TV. Although a protest, with relevant reasons, against the action of the Presbytery in excluding the record of the request of the Prosecution from the minutes of Pres- byteiy, would be technically in order, it seems surprising that any should suppose the record of the request to be admissible. (a) No action on the request was taken, or even pro- posed, and the minutes do not include a record of action not taken. 448 {b) The request was to the effect that the said twenty pages of the stenographer's notes and the said fifteen additional printed sheets should be stricken from the official stenographic record, '' and that the accused should not be permitted to refer to or use the contents of said twenty pages of stenographer's notes, or of the said fifteen additional printed sheets, or any of the extracts, documents or books in either of them contained, recited or referred to, as evidence upon the trial, or in any manner w^hatever, before this judicatory." Notwithstand- ing the facts that the Presbytery had by vote declared this with the other evidence offered by the defendant to be competent evidence, and that it w^as actually a part of the lawful evidence presented by the defendant, and that the Moderator had explicitly so recognized it and secured 121 its embodiment in the official stenographic record as aforesaid, and that no appeal had been taken from the decision of the Moderator that it should be embodied therein, and that for these reasons the Prosecution liad no riglit to make the request, and that the Moderator had ruled that the request was not in order, and matters declared to be not in order have no place on the official record of proceedings. (c) The attempt to secure the record of the said request 449 under the guise of the record of an exception, which exception the prosecution were entitled, if they thought best, to take to any part of the proceedings that they disapproved was improper and out of order. Y. Inasmuch as, (a) The failure to include in the official stenographer's report a part of the evidence which had been offered by the defendant, taken as read by the acquiescence and consent of the judicatory, and by vote accepted as competent, would have been an irregular act, and one of singular in- justice to the defendant ; and (b) the inclusion of the said evidence in the said report involved no wrong, hardship or injustice to the prosecution, and the prosecution there- fore had no just ground for desiring that it be not in- cluded, or for seeking to deprive the defendant of his right to use it for the purposes of his defense before the judicatory, and (c) the action and the decisions of the Moderator, in reference to this matter, and the acquies- cence of the Presbytery therein, appear to have been equitable and right, and {d) the exclusion of the request of the prosecution from the minutes, by vote of the Presbytery, was in accordance with precedent and the requirements of the case. Therefore, in view of all the foregoing considerations, the Presbytery is unable to see any justification for the protest, or any proper ground for the criticisms contained therein. The following persons were excused under the rule and by unanimous consent, for being absent yesterday : Rev. Messrs. S. B. Rossiter, W. L. Moore, W. C. Stitt, J. H. 122 Mcllvaine, A. H. McKinney, witli Thomas Anderson. For to-day the following were thus excused : J. R. Paxton, W. W. Atterbury, with Elders A. P. Ketcham and Samuel Reeve. For to-morrow C. S. Robinson and N. Bj erring. The Rev. Joseph J. Lampe, of the Prosecuting Com- mittee, was then heard. At twenty-five minutes of four a brief intermission was taken, when Dr. Lampe con- tinued his argument till recess. The Committee of Arrangements presented suggestions for taking the vote. The report, was, on motion, laid on the table until to-morrow. The minutes were read and approved as far as written. Presbytery now took a recess. Concluded with prayer. S. D. Alexander, Stated ClerJc. 451 New York, 21st December, 1892. Scotch Church, 2 p. m. Presbytery met and was opened with prayer. Present: Ministers— John C. Bliss, Moderator; Geo. Alexander, Saml. D. Alexander, Antonio Arreghi, Anson P. Atterbury, W. Wallace Atterbury, Fred. G. Beebe, Geo. W. F. Birch, Nicholas Bj erring, Robt. R. Booth, Saml. Bowden, Thos. S. Bradner, Charles A. Briggs, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, William Durant, Thos. Douglas, Howard Duf- field, John H. Edwards, Henry B. Elliot, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri Grandlienard, James Hall, A. W. Halsey, Wm, R. Har- shaw,. Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Saml. M. Jackson, A. D. L. Jewett, Jos. R. Kerr, Albert B. King, A. Dunlop King, Jos. J. Lampe, Theo. Leonhard, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, Wm. M. Martin, 452 Charles P. Mallery, Francis H. Marling, Henry T. Mc- 123 Ewen, James H. Mcllvaine, A. H. McKinney, Alex. McLean, Duncan J. McMillan, Horace G. Miller, Geo. J. Mingins, Wm. L. Moore, J. C. Nightingale, Geo. Nixon, I. H. Northrup, Dan. H. Overton, Levi H. Parsons, James G. Patterson, Edward P. Payson, Geo. S. Payson, Vincent Pisek, Hugh Pritchard, James S. Ramsay, Daniel Redmon, Chaiies S. Robinson, Stealy B. Rossiter, A. G. Ruliffsoii, Wm. A. Rice, Robt. P. Sample, Jos. San- derson, Jos. A. Saxton, Philip Schaff, J. Balcom Shaw, Geo. L. Shearer, Andrew Shiland, Wilton M. Smith, Wm. C. Stitt, Ch. A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spining, C. L. Thompson, John J. Thompson, Henry M. Tyndall, Henry Van Dyke, Marvin R. Vincent, Fred. E. Voegelin, Thomas G. Wall, A. L. R. Waite, W. Scott Watson, Geo. S. Webster, E. N. White, L. Willard, David G. Wylie. Elders — James Tompkins, Bethany ; Albert R. Ledoux, Brick ; A. P. Ketcham, Calvary ; Wm. Mickens, Central ; ^h'>3 James McDowell, East Harlem ; H. Edwards Rowland, Fifth Avenue ; Eugene McJim^Dsey, First ; John Mc Wil- liam, Fourth ; Geo. E. Sterry, Fourth Avenue ; Saml. H. Willard, Harlem ; Saml. Reeve, Fourteenth Street ; Joseph Moorhead, Knox ; Chas. H. Woodbury, Madison Square ; Robert Johnson, Morrisania First ; Thomas Anderson, New York ; G. C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phillips; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Wm. M. Onderdonk, Rutgers ; Robert Houston, Scotch ; James Anderson, Seventh ; Wm. R. Worrall, Thirteenth Street ; C. E. Gare}^, Tremont; Thomas^Bond, University Place; Robert Gentle, Union Tabernacle ; Wm. A. Wheelock, Washington Heights ; Robert Jaffray, West ; C. P. Leg- gett. West End ; Richard Drummond, Westminster. After the calling of the roll. Dr. Briggs took exception ^^^ to the proceedings of yesterday, as follows : I beg leave to take exception to that part of the pro- ceedings of the Presbytery, of yesterday, recorded in the stenographical report, which permitted the Rev. Dr. Lampe, arguing on behalf of the Prosecution, under 124 the cloak of a rebuttal, to introduce new evidence and new matter, and, in large measure, to reargue the i\ mended Charges and Specifications apart from and with- out regard to the argument of the accused ; in that (1) he introduced new evidence without the permission of Pres- bytery, and without notification to the accused, as follows: Henry B. Smith's Introduction to Christian Theology; Henry B. Smith's Sermon on Inspiration; Presbyterian and Reformed Review, 1892 ; Article in the Congregationalist, February 21, 1889 ; John Ball's Cate- chism ; The Bible Doctrine of Inspiration ; Farrar's Life of St. Paul ; Homiletical Review, May, 1891 ; Westcott's Introduction to the Gospels ; D' Aubigne's History of the 455 Reformation ; Life of Calvin, chap. IV. ; and also a con- siderable number of extracts from the works of Luther and Calvin. (2) In that he introduced new matter, as, for example, an argument on the metaphysical categories from the usage of Aristotle and Kant ; an argument from the use of the Old Testament by Christ and his Apostles ; an argument from the dynamic theory of inspiration ; an argument from the stress laid upon single words of the Old Testament by New Testament writers. (3) In that he argued in more than three-fourths of his argument against the statements of the Inaugural Address, the re- sponse to the Original Charges, the lectures on the Bible, the Church and the Reason, and the other writings of the accused, and in not more than one-fourth of it was it an effort in rebuttal of the argument of the accused, viz. : Stenographical Report (a) pp. 1120-1126, as far as ''It is of the utmost importance," (b) p. 1131, beginning with "Dr. Briggs' Argument," as far as "It is not our faith," 1 133 ; {c) p. 1136, as far as " through the Word of God," p. 1137 ; (d) the reference to Isaiah viii., 20, on p. 1141 ; 456 (^) and to I. John v., 10, on pp. 1144-1145 ; (/) pp. 1147- 1152, as far as " We are not raising the question" ; {g) a brief allusion to my interpretation of the Confession of Faith, I., 1, on p. 1163 ; (h) a brief reference to passages cited by me from Luther, on p. 1181 ; (/) and to passages cited by me from Calvin, pp. 1185-1186 ; and of these, (c), 125 {d) and (/) may have been written in view of the evidence adduced in the Bible, the Church, and tlie Reason, before the delivery of the argument for the defense. Dr. Lanipe, of the Prosecuting Committee, now contin- ued his argument. At twenty-five minutes of four an intermission of a few minutes was taken, when Dr. Lampe continued until recess. Under the rule and by unanimous consent the follow- ing were excused for a part of to-day's session : Rev. W. W. Atterbury and Elders J. E. Ware and Andrew Hobinson. The Rev. A. W. Halsey was also excused for w part of to-morrow. After reading and approving the minutes as far as written, Presbytery took a recess. Concluded with prayer. S. D. Alexander, Stated Olerk. New York, 22nd December, 1892. Scotch Church, 2 p. m. Presbytery met after Recess and was opened with 457 prayer. Present : Ministers — John C. Bliss, Mod'r. ; Geo. Alex- ander, Saml. D. Alexander, Antonio Arreghi, Anson P. Atterbury, W Wallace Atterbury, Fred G. Beebe, Nicholas Bj erring, Robert R. Booth, Saml, Bowden, Thomas S. Bradner, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Wm. Durant, Thomas Douglas, Howard Duffield, John H. Edwards, Frank F. Ellinwood, Henry B. Elliot, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Ch. R. Gillett, Henri L. Grandlienard, James Hall, A. Woodruff Halsey, Wm. R. Harshaw, Thos. S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Saml. M. Jackson, 126 A. T>. Lawrence Jewett, Josej)li R. Kerr, Albert B. King, 458 A. Dunlop King, Joseph J. Lampe, Tlieo. Leonliard, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, Wm. M. Martin, Charles P. Mallery, Francis H. Marling, Henry T. McEwen, James H. Mcllvaine, Alexander H. McKinney, Alex. McLean, Duncan McMillan, Horace Gr. Miller, Geo. J. Mingins, Wm. L. Moore, James C. Nightingale, Gfeo. Nixon, Israel H. Northrup, Daniel H. Overton, Levi H. Parsons, James G. Patterson, Ed. P. Payson, Geo. S. Payson, Vincent Pisek, Hugh Pritchard, J. S. Ramsay, Daniel R-edmon, Ch. S. Robinson, Stealy B. Rossiter, Albert G. Ruliifson, Wm. A. Rice, Joseph Sanderson, Jos. A. Saxton, Philip Schaff, J. Balcom Shaw, Geo. L. Shearer, Andrew Shiland, W. M. Smithy Wm. C. Stitt, Ch. A. Stoddard, J. F. Sutton, Alex. W. Sproull, Geo. L. Spining, Charles L. Thompson, John J. Thompson, Henry M. Tyndall, Henry Van Dyke, Marvin R. Yincent, Fred. E. Yoegelin, Thomas G. Wall, Abbott L. R. Waite, W.Scott Watson, Geo. S. Webster, Erskine N. AVhite, Livingston Willard, David G. AVylie. 459 Elders — James Tompkins, Bethany ; Albert R. Ledoux, Brick ; Alex. P. Ketcham, Calvary ; Wm. Mickens, Cen- tral ; Andrew Robinson, Christ ; James McDowell, East Harlem ; H. Edwards Rowland, Fifth Avenue ; Eugene McJimpsey, First ; John Mc William, Fourth ; Geo. E. Sterry, Fourth Avenue ; Saml. Reeve, Fourteenth Street ; Saml. H. Willard, Harlem ; Jos. Moorhead, Knox ; Ch. H. Woodbury, Madison Square ; Robert Johnson, First Morrisania ; Thomas Anderson, New York ; G. C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phillips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Wm. M. Onderdonk, Rutgers ; Robert Hous- 460 ton, Scotch ; James Anderson, Seventh ; C. E. Garey, Tremont ; Wm. R. Worrall, Thirteenth Street ; Thomas Bond, University Place ; Robert Gentle, Union Taberna- cle ; Wm. A. Wheelock, Washington Heights ; Robert Jaffray, West ; C. P. Leggett, West End ; Richard Drum- mond, Westminster. 127 After the calling of the roll Dr. Briggs took exception to a portion of the proceedings of yesterday, as follows, viz.: I beg leave to take exception to that part of the pro- ceedings of yesterday recorded in the stenographical re- port, which permitted the Rev. Dr. Lampe, arguing in behalf of the Prosecution, under the cloak of a rebuttal, to introduce new evidence, and new matter, and in large measure to reargue the Amended Charges and Specifica- tions, apart from and without regard to the argument of the accused ; in that (1) he introduced new evidence with- out the permission of Presbytery and without notifi- cation to the accused, as follows : John Goodwin's Divine Authority of the Scriptures, 4^1 Capel' s Remains, Matthew Poole's Commentary, Baxter's Reasons of the Christian Religion, Chillingworth's Works, Vol. 1 ; Henry Hammond's Paraphrases, Lightfoot's Difficulties of Scripture, Timothy D wight's Sermons, Jonathan Dickinson's Sermons, Samuel Davies's Sermons, Jonathan Edwards's Works, S. S. Smith's Principles of Natural and Revealed Religion, Sprague's Annals, McWhorter's Sermons, Witherspoon's Works, Ashbel Green's Lectures on the Shorter Catechism, Archibald Alexander's Canon, Gardiner's Spring's Bible not of Man, Albert Barnes's Commentaries, Skinner's Discussions in Theology, Augustine's Letters, Bibliotheca Sacra, 1892, Liddon's Divinity of our Lord. (2) In that he introduced new matter, as for example : An argument on verbal inspiration and dictation ; an argument against an errant Bible ; an argument against a statement of the Response ; an argument against ration- alistic critics ; an argument from predictive prophecy ; an 462 argument against the theory of accommodation ; an argu- ment against the erranc}^ of Jesus. (3) In that he argued in more than two-thirds of his argument against the statements of the Inaugural Address, the Response to the Original Charges, the lectures on the Bible, the Church and the Reason, and the other writings 128 of the accused, and in not more than one- third of it can be recognized as an effort in rebuttal of the argument of the accused, and in this jiart the argument can be con- sidered as rebuttal only in so far as the argument for the defense included certain portions of " the Bible, the Church, and the Reason," and all of this, with the excep- tion of the two lines, " This is substantially the view of Dr. Briggs, as shown by the documents put in your hands by him" (p. 1241, stenographer's report); and possibly of these also was probably composed before the delivery of the argument for the defense, for there is no other reference to that argument in the argument of Dr. Lampe of yesterday. 463 -^t the suggestion of Dr. Briggs it was resolved that Dr. Lampe have power to incorporate in the stenograph- er's notes his printed argument as presented to the house, including the portions not spoken to the Court, for the purj^ose of saving time. Dr. Lnmpe concluded his argument. Under the rule and by unanimous consent Dr. Jewett was excused for absence from the session of Wednesday. Elder A. P. Ketcham was also excused from attendance at the session of Thursday. It was resolved that the Presbytery now give the defendant an opportunity to reply. Dr. Briggs was then heard. After an intermission of ten minutes the Moderator decided that the hearing of the parties is now closed. 464 The Prosecuting Committee excepts, and asks to have entered on the record an exception to the decision of the Moderator, after hearing Dr. Briggs, and without hearing the Prosecuting Committee in reply thereto, that the hearing of the parties is closed. The Committee of Arrangements made the following report, which was on motion adopted. 1. That when the parties have been heard the Presby- tery adjourn to the Lecture Room. 2. That the Stated Clerk be requested to submit to the Court a list of the ministers and elders entitled to vote. 129 3. That tickets of admission be issued to members of the Court. It was resolved that all the names that are in question be referred to the Committee on Leave of Absence, and that they report to the Court on reassembling. The names in question presented were the Eev. Messrs. John R. Pax- ton, Nathaniel W. Conkling, Wm. G. T. Shedd, Charles H. Parkhurst, Frank F. Ellinwood and Charles H. Tyn- dall and Elder Moses P. Brown. The time was extended for half an hour. For the orderly conduct of the Court in taking the 465 vote, a paper was presented, and on motion laid on the table until the next meeting of the Court. It was now resolved to take a recess until next Wed- nesday, at 2 p. M. After reading and approving the minutes as far as written, and prayer, Presbytery took recess. S. D. Alexajstdek, Stated Clerk. Lecture Room, Scotch Church, December 28, 2 p. m. Presbytery met and was opened with prayer. Present : Ministers— John C. Bliss, Moderator ; Gfeo. Alexander, Samuel D. Alexander, Antonio Arreghi, Anson P. Atterbury, W. Wallace Atterbury, Fred. G. Beebe, Robert R. Booth, Thomas S. Bradner, Charles A. Briggs, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Wm. Durant, Thos. Douglas, Howard Duffield, John H. Edwards, Henry B. Elliot, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri L. Grandlienard, A. Woodruff Halsey, Wm. R. Harshaw, Thomas S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, A. D. L. Jewett, Joseph R. Kerr, Albert B. King, A. Dunlop King, Theodore Leonhard, Milton S. Littlefield, John C. 130 Lowrie, D. E. Lorenz, Wm. M. Martin, Charles P. Mal- lery, Francis H. Marling, Henry T. McEwen, James EL. Mcllvaine, A. H. McKinney, Alexander McLean, Duncan J. McMillan, Horace G. Miller, Wm. L. Moore, James C. Nightingale, Geo. Nixon, Israel H. Nortlirup, Levi H. Parsons, James Q. Patterson, Edward P. Payson, George S. Payson, Vincent Pisek, Hugli Pritcliard, James S. Eamsay, Daniel Redmon, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliffson, Wm. A. Rice, Josej)li Sanderson, Joseph A. Saxton, Philip SchalT, J. Balcom Shaw, Geo. L. Shearer, Andrew Shiland, Wilton M. Smith, William C. Stitt, Charles A. Stoddard, J. Ford 467 Sutton, Alexander W. Sproull, Geo. L. Spining, Charles L. Thompson, John J. Thompson, Henry Van Dyke, Marvin R. Vincent, Frederick E. Voegelin, Thomas G. Wall, Abbott L. R. Waite, W. Scott Watson, Geo. S. Webster, Erskine N. White, Livingston Willard, David G. Wylie. Elders — James Tompkins, Bethany ; Albert R. Ledoux, Brick ; Alex. P. Ketcham, Calvary ; Wm. Mickens, Cen- tral ; Andrew Robinson, Christ ; James McDowell, East Harlem ; H. Edwards Rov\^land, Fifth Avenue ; Eugene McJimpsey, First ; John Mc William, Fourth ; Geo. S. Sterry, Fourth Avenue ; Saml. L. Reeve, Fourteenth Street ; Saml. H. Willard, Harlem ; Jos. Moorhead, Knox ; Ch. H. Woodbury, Madison Square ; Robert Johnson, First Morrisania ; Thomas Anderson, New York ; G. C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phil- 468 lips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, River- dale ; Wm. M. Onderdonk, Rutgers R.; Robert Houston, Scotch ; James Anderson, Seventh ; Wm. R. Worrall, Thirteenth Street ; C. E. Garey, Tremont ; Thomas Bond, University Place ; Robert Gentle, Union Tabernacle; Wm. A.AVheelock,Washington Heights ; Robert Jaffray, West; C. P. Leggett, West End ; Richard Drummond, West- minster. After the calling of the roll. Dr. Briggs presented the following exception : 131 I beg leave to take exception to that part of the pro- ceedin.2:s of the Presbytery of Thursday last, recorded in the stenographical report, which permitted the Rev. Dr. Lampe, arguing in behalf of the Prosecution, under the cloak of a rebuttal, to introduce new evidence and new matter, and in large measure to reargue the Amended 469 Charges and Specifications apart from and without regard to the argument of the accused ; in that (1) Dr. Lampe introduced new evidence without the permission of Pres- bytery and without notification to the accused, as follows : The Andover Review, vol. xiii. ; Pepys' Diary ; F. Hall's English Adjectives ; F. Hall's Modern English. (2) In that Dr. Lampe introduced new matter, e. g., an argument from the assumption that the ministry of the word will not continue in the next world, and an argu- ment from the assumed instantaneous sanctilication of believers at the second advent. (3) In that Dr. Lampe argued for the most part against statements of the Inaugural Address, the response to the Original Charges, the Article of Redemption after Death in the Magazine of Christian Literature ; many of which, such as those referring to race redemption, the moral character of Abraham, and the doctrine of election, were 470 not included in the Amended Charges ; and the argument of Dr. Lampe was not in any respect a rebuttal of the argument of the accused, of which argument the argu- ment of Dr. Lampe on the Sixth Charge seems entirely unconscious. (4) In that Dr. Lampe argued on the Seventh Charge of the Amended Charges which the Presbytery directed the Prosecution to remove from the list of Charges. (5) In that Dr. Lampe argued that the accused was ''under the influence of a philosophical principle of Naturalism," a matter not included in the Charges. The Committee on Leave of Absence reported as di- rected at the last meeting, whereupon Dr. Ellin wood, by consent of the parties and the house, was allowed to sit in the Court. 132 The following resolutions were adopted for the taking of the vote : Order of Procedure : 471 I. When the Court has gone into private session, mem- bers who desire shall have three minutes in which to ex- press their opinion on the case, the roll shall be called in alphabetical order, and members not desiring to speak shall not have the privilege of giving their time to others. 2. When the opinions have been given the vote on the Charges and Specifications shall be taken without debate, in the following order : (1) The vote on each Charge and its Specification shall be at one roll call ; (2) Each mem- ber shall vote (1) on the Specifications, and (2) on the Charge in its several items, the vote on each being " sus- tained" or '*not sustained." 3. Following the vote a Committee of three shall be appointed by the Moderator to bring in the result of the vote and the judgment of the judicatory. An intermission of ten minutes was now taken. After intermission it was resolved that in case the vote 472 is not concluded on Thursday the Court must convene on Friday afternoon. The following resolution was presented and a motion to lay it on the table was lost by a vote of 52 to 67, viz. : The Court deems it proper to declare that a vote by any member of this Court not to sustain the charges preferred against Rev. Charles A. Briggs, D. D., does not denote approval of his theological or critical views or of the manner in which they have been advanced, but only a judgment that the specific charges have not been estab- lished. After discussion it was resolved that the resolution be laid on the table until after the vote has been taken. It was resolved that we now take a recess, to meet to- morrow in the Church at 2 p. m. The minutes were read and approved as far as written. Concluded with prayer. S. D. Alexat^der, Stated Cleric. 133 New York, 29tii December, 1892. 473 Scotch Church, Thursday, Dec. 29, 2 p. m. Presbytery met and was opened with prayer. Present : Ministers — John C. Bliss, D. D., Moderator ; Geo. Alexander, Samuel D. Alexander, Antonio Arreghi, Anson P. Atterbury, W. Wallace Atterbury, Frederick G. Beebe, Nicholas Bjerring, Robert R. Booth, Samuel Bowden, Thomas S. Bradner, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Wm. Durant, Thomas Douglas, Howard Duffield, John H. Edwards, Henry B. Elliot, Frank F. Ellinwood, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri L. Grandlienard, James Hall, A. W. Halsey, Wm. R. Harshaw, Thos. S. Hastings, Edward W. Hitch- cock, James H. Hoadley, James Hunter, Samuel M. Jackson, A. D. L. Jewett, Joseph R. Kerr, Albert B. King, A. Dunlop King, Theodore Leonhard, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, Wm. M. Martin, Charles 474 P. Mallery, Francis H. Marling, Henry T. McEwen, James H. McDvaine, Alexander H. McKinney, Alexander McLean, Duncan McMillan, Horace G. Miller, Geo. J. Mingins, Wm. L. Moore, James C. Nightingale, Geo. Nixon, Israel H. Northrup, Daniel H. Overton, Levi H. Parsons, James G. Patterson, Edward P. Payson, Geo. S. Payson,Yincent Pisek, Hugh Pritchard, James S. Ramsay, Daniel Redmon, Charles S. Robinson, Stealy B. Rossiter, Albert G. Ruliffson, Wm. A. Rice, Joseph Sanderson, Jos. A. Saxton, Philip Schaff, J. Balcom Shaw, Geo. L. Shearer, Andrew Shiland, Wilton M. Smith, Wm. C. Stitt, Charles A. Stoddard, J. F. Sutton, Alexander W. Sproull, Geo. L. Spining, Charles L. Thompson, John J. Thompson, Henry M. Tyndall, Henry VanDyke, Marvin R. Vincent, Fred. E. Yoegelin, Thomas G. Wall, A. L. R. Waite, W. Scott Watson, Geo. S. Webster, E. N. White, Livingston Willard, David G. Wylie. 134 Elders— James Tompkins, Bethany ; Alex. P. Ketcliam, Calvary ; Albert R. Ledoux, Brick ; AVm. Mickens, Cen- tral ; Andrew Robinson, Christ ; James McDowell, East 475 Harlem ; H. Edwards Rowland, Fifth Avenue ; Eugene McJimpsey, First ; John Mc William, Fourth ; Geo. E. Sterry, Fourth Avenue ; Samuel H. Willard, Harlem ; Jos. Moorhead, Knox ; Charles H. Woodbury, Madison Square ; Robert Johnson, First Morrisania ; Thos. Anderson, New York ; G. C. King, North ; Henry Q. Hawlej^, Park ; James E. Ware, Phillips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Wm. Onder- donk, Rutgers, R. ; Robert Houston, Scotch ; James Anderson, Seventh ; Wm. P. Worrall, Thirteenth Street ; C. E. Garey, Tremont; Thomas Bond, University Place ; Robert Gentle, Union Tabernacle ; Wm. A. Wheelock, Washington Heights ; Robert Jaffray, We:st ; C. P. Leggett, West End ; Richard Drummond, West- minster. 476 After the calling of the roll Dr. Briggs presented the following exception : Inasmuch as the Presbj^tery gave Dr. Lampe " power to incorporate in the stenographer's minutes the argument in printed form as presented, including the portion omitted in reading," I beg leave to take exception to that part of the proceedings of Presbytery which per- mitted Dr. Lampe, arguing in behalf of the Prosecution, under the cloak of a rebuttal, to introduce new evidence as follows : Alexander, on Isaiah ; Rawlinson, in Pulpit Commen- tary ; Ray, Introduction in Bible Commentary ; Manly' s Bible Doctrine of Inspiration, Hebraica, , October, 1888 ; Prof. John Kennedy, A Popular Argument for the Unity of Isaiah, 1891 ; Prof. John Foi-bes, The Servant of the Lord, in Isaiah xL, Ixvi., 1890 ; Rector F. Watson, The Law and the Prophets, Hulsean Lecture for 1882 ; Prof. Stanley, Leathes, The Law in the Prophets, 1891 ; Very Rev. R. Payne Smith, The Mosaic Authorship and Credibility of the Pentateuch, 1869 ; James Sime, 135 F. R. S. E., The Kingdom of all Israel, 1883; Prof. Robert Watts, Tlie Newer Criticism, etc., 1882 ; Principal 477 Rainy, The Bible and Criticism, 1878 ; Bishop A. C. Hervey, The Books of Chronicles in Relation to the Pentateuch, etc., 1892; Bishop C. J. Ellicot, Christus Comprobator, 1892; Rev. Henry Hayman, D. D., "Pro- phetic Testimony to the Pentateuch," Bib. Sac, 1892; Pastor, Tr. Roos, Die Geschichtlinckett des Pentateuchs, 1883 ; Adolph Zahn, Das Deuteronomium, 1890 ; Eduard Bohl, Zum Gassetz und Zum Zeugniss, 1883 ; Pastor G. Schumann, Die Wellhausenische Pentateuchthe, 1892 ; R. S. Poole, "Date of the Pentateuch, Theory and Facts," Cont. Review, 1887; Conder, " Ancient Men and Modern Critics," Cont. Review, 1887; Edersheim, Pro- phecj^ and History in Relation to the Messiah, Warburten Lectures, 1880-1884; Waller, " Is Genesis a Compilation ? " Theological Monthly, 1891; Pastor Naumann, "Das Erste Buch der Bible," 1890; Prof. William H. Green, Moses and the Pentateuch Vindicated ; Prof. E. Cone Bissell, The Pentateuch ; Vos, Mosaic Origin of the Pentateuch Codes, 1886 ; Stebbins, A Study of the Pentateuch, 1881 ; S. C. Bartlett, Sources of History in the Pentateuch, Stone Lectures, 1882 ; Rabbi I. M. Wise, 478 Pronaos to Holy Writ, 1891 ; Lias, " Wellhausen on the Pentateuch," in the Theological Review. At the request of the Stated Clerk the Rev. Thomas G. Wall was appointed to him in taking the vote. After the calling of the roll Dr. Sutton moved that the members of the Faculty and the Trustees of Union Theo- logical Seminary, who may be members of the Court, and the Librarian of the Seminary, and such other members who, as editors and publishers, have recorded their views on this case before this Court was convened, be deemed incompetent to sit and vote in this case because on the ground of personal interest in the result. The Moderator decided the motion to be out of order. Dr. Sutton ax)pealed from the decision. The Moderator was sustained. 136 The calling of the roll was now begun for an expression of the members of the Court, under the three-minute rule adopted at the last session. At ^ve minutes to five o'clock it was resolved to take a recess until to-morrow at 2 p. m. After reading and approving the minutes as far as written, Presbytery took a recess. Concluded with prayer. S. D. Alexander, Stated ClerJc, New York, 30th December, 1892. Scotch Church, Friday, Dec. 30, 2 p. m. 479 Presbytery met and was opened with prayer. Present : Ministers — John C. Bliss, Moderator ; George Alexander, Samuel D. Alexander, Antonio Arreghi, Anson P. Atterbury, W. Wallace Atterbury, Frederick Gr. Beebe, Robert R. Booth, Samuel Bowden, Thomas S. Bradner, Francis Brown, Walter D. Buchanan, James Chambers, Edward L. Clark, John B. Devins, Ira S. Dodd, D. Stuart Dodge, Conrad Doench, Wm. Durant, Thomas Douglas, Howard Duffield, John H. Edwards, Henry B. Elliot, Wm. T. Elsing, Charles P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles E. Gillett, Henri Grandlienard, James Hall, A. Woodruff Halsey, Wm. R. Harshaw, Thos. S. Hastings, Edward W. Hitchcock, James H. Hoadley, James Hunter, Samuel M. Jackson, A. D. L. Jewett, Joseph R. Kerr, Albert B. King, Alexander D. King, Theodore Leonhard, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, Wm. M. Martin, Charles P. Mallery, Francis H. Marling, Henry T. McEwen, James H. Mcllvaine, Alexander H. McKinney, Alexander McLean, Duncan J. McMillan, Horace G. Miller, Geo. J. Mingins, Wm. L. Moore, James 480 C. Nightingale, Geo. Nixon, Israel H. Northrup, Daniel H. Overton, Levi H. Parsons, James G. Patterson, Edward P. Payson, George S. Payson, Vincent Pisek, Hugh Pritchard, James S. Ramsay, Daniel Redmon, 137 Charles S. Kobinson, Stealy B. Kossiter, Albert Gf. Ruliffson, Wm. A. Rice, Joseph Sanderson, Joseph A. Saxton, Philip Schaff, J. Balcom Shaw, Geo. L. Shearer, Andrew Shiland, Wilton M. Smith, William C. Stitt, Ch. A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spining, Charles L. Thompson, John J. Thompson, Henry M. Tyndall, Henry VanDyke, Marvin R. Vincent, Frederick E. Voegelin, Thomas G. Wall, Abbott L. R. Waite, W. Scott Watson, Geo. S. Webster, Erskine N. White, Livingston Willard, David G. Wylie. Elders — James Tompkins, Bethany ; Albert R. Ledoux, Brick ; Alex. P. Ketcham, Calvary ; Wm. Mickens, Cen- tral ; Andrew Robinson, Christ ; James McDowell, East Harlem ; H. Edwards Rowland, Fifth Avenue ; Eugene McJimpsey, First ; John McWilliam, Fourth ; Geo. E. Sterry, Fourth Avenue ; Saml. Reeve, Fourteenth Street ; 481 Saml. H. Willard, Harlem ; Joseph Moorhead, Knox ; Charles H. Woodbury, Madison Square ; Robert Johnson, First Morrisania ; Thos. Anderson, New York ; G. C. King, North ; Henry Q. Hawley, Park ; James E. Ware, Phillips ; Geo. C. Lay, Puritans ; Cleveland H. Dodge, Riverdale ; Wm. M. Onderdonk, Rutgers, R. ; Robert Houston, Scotch ; James Anderson, Seventh ; Wm. R. Worrall, Thirteenth Street ; C. E. Garey, Tremont ; Thomas Bond, University Place ; Robert Gentle, Union Tabernacle ; Wm. A. Wheelock, Washington Heights ; Robert Jaffray, West ; C. P. Leggett, West End ; Richd. Drummond, Westminster. The roll was now taken up where it was left at the 482 close of the last meeting, and the expression of the opin- ions of the members under the rule was concluded. Whereupon the Court proceeded to take the vote under the rule adopted. A few moments before five o'clock it was resolved that 483 the session be prolonged until the vote was completed. After which the Rev. Messrs. Geo. Alexander and Henry Van Dyke, with Elder Robert Jaffray, were ap- pointed a committee to bring in the result of the vote, and the judgment of the judicatory. 138 The final vote by ayes and noes on page 485. The following resolution was adopted : Resolved^ that the members of this Court desire to place on record its high appreciation of the fidelity and ability with which the Moderator, the Rev. John C. Bliss, D. D., has presided over its deliberations in the judicial case now brought to a close. His helpful and uplifting pray- ers, his impartial rulings, and the calm Christian spirit maintained by him at all times, have been invaluable in aiding to preserve the fitting attitude of the Court to secure a dispassionate decision. The Court also thanks the Committee of Arrangements and the authorities of the Scotch Church for the excellent facilities afforded for the trial. 484 The Moderator made an appropriate reply. The resolution in reference to those who should vote "not sustain," and which was laid on the table until the vote should be taken, was now taken up and referred to the Committee appointed to bring in the vote and judg- ment of the Court. It was resolved that when we take a recess we do so to meet in this house on Monday, January 9th, at 2 P. M. After reading and approving the minutes as far as written, Presbytery took a recess. Concluded with prayer. S. D. 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B. rH l-H ri rH > rH rH rH y-< d, tH ,-H ■r-\ ,_l 00 a "" rH T-', "^ rH M 1 M 1— 1 tH rH rH l-H ^ to 'A c: a ^ ^ ^f 3 iS u fo ^75 w rt H 'a -1-3 ^4^ en cr 03 M c O s > K^ r^ J> P" t> 158 New York, 9tli January, 1893. 494 Lecture Room, Scotch Ciiuecii, 2 p. m. Presbytery met after recess, and was opened with prayer. Present : Ministers— J. C. Bliss, Moderator, Geo. Alex- ander, Samuel D. Alexander, Antonio Arreghi, Anson P. Atterbury, W. Wallace Atterbury, Frederick G. Beebe, Robert R. Booth, Samuel Bowden, Thomas S. Bradner, Francis Brown, Walter B. Buchanan, James Chambers, Edward L. Clark, John B. Devins, Ira S. Dodd, D. S. Dodge, Conrad Doencli, Wm. Durant, Thos. Douglas, Howard Duffield, John H. Edwards, Henry B. Elliot, Wm. T. Elsing, Ch. P. Fagnani, Henry M. Field, Walter B. Floyd, Jesse F. Forbes, Herbert Ford, Charles R. Gillett, Henri Grandlienard, James Hall, Wm. R. Har- shaw, Thomas S. Hastings, Ed. W. Hitchcock, James H. Hoadley, James Hunter, Samuel M. Jackson, A. D. L. Jewett, Joseph R. Kerr, Albert B. King, A. Dunlop King, Theodore Leonhard, Milton S. Littlefield, John C. Lowrie, Daniel E. Lorenz, Wm. M. Martin, Ch. P. Mallery, Francis H. Marling, Henry T. McEwen, James H. Mcll- vaine, Alex. H. McKinney, Alex. McLean, Duncan J. Mc- Millan, Horace G. Miller, Geo. J. Mingins, W. L. Moore, James C. Nightingale, Geo. Nixon, Israel H. Northrup, 495 D. H. Overton, Levi H. Parsons, James G. Patterson, Ed. P. Payson, Daniel Redmon, Ch. S. Robinson, Stealy B. Rossiter, Wm. A. Rice, Albert G. Ruliffson, Joseph Sanderson, Jos. A. Saxton, Philip Schaff, Geo. L. Shearer, Andrew Shiland, Wilton M. Smith, Ch. A. Stoddard, J. Ford Sutton, Alex. W. Sproull, Geo. L. Spining, John J. Thompson, Henry M. Tyndall, Henry Van Dyke, Fred. E. Voegelin, Thomas G. Wall, Geo. S. Webster, Erskine N. White, David G. Wylie. Elders — James Tompkins, Albert R. Ledoux, A. P. Ketcham, Wm. Mickens, Andr. Robinson, James McDow- ell, John Mc William, G. E. Sterry, Saml. Reeve, Saml. H. Willard, Jos. Moorhead, Charles H. Woodbury, Rob- «rt Johnson, Thomas Anderson, Heniy Q. Hawley, James E. Ware, Geo. C. Lay, Cleveland H. Dodge, Robert Houston, James Anderson, Wm. R. Worrall, C. E. Garey, Thomas Bond, Robert Gentle, Wm. A. Wheelock, Rob- ert Jaffray, C. P. Leggett. After the roll call was completed the following protest 495 was presented : PROTEST. The undersigned hereby presents for record his protest against the action of the Moderator, on the 30th day of December, 1892, in ''The Presbyterian Church in the United States of America against the Rev. Charles A. Briggs, D. D.," as follows : Whereas, our Revised Book of Discipline, Chapter 4, Section 28, states that "No member of a judicatory, who has not been present during the whole of the trial, shall be allowed to vote on any question arising therein, except by unanimous consent of the judicatory." And lohereas, Rev. Geo. J. Mingins, having been ab- sent during six days of aforesaid trial, and not having been excused, by "unanimous consent of the judicatory," for three of those days ; And whereas, Rev. Edward P. Payson objects to the said absentee being allowed to vote on the final issue of the case ; the Moderator, nevertheless, ruled that his vote should be admitted, contrary to the rules of the Churcli and the interests of justice ; therefore, against this action of the Moderator, the undersigned respectfully enters his 497 protest, ^vhicli protest is emphasized by the following considerations, viz. : (1) The gravity of this protest is increased by the fact that the protestant had on two previous occasions (Dec. 5th and Dec. 21st) objected to the vote of Mr. Mingins, on account of absence from the trial, but his first objec- tion had been quietly ignored, and his second thwarted by the Moderator. (2) The gravity of this protest is further increased by the fact, that during the protestant' s statement of his 160 objection and the reasons therefor, on Dec. 30th the Mod- erator allowed strong and continuous hissing by the op- position, without a word or sign of remonstrance on his part ; all of which tended to the detriment of justice and the deep disgrace of the judicatory. (3) The gravity of this protest is still further increased by the fact, that by his ruling the Moderator persistently retained his seat in the Court for Mr. Mingins, although absent from the trial during six days, four of which were spent in lecture tours, while he promptly unseated Rev. Dr. W. G. T. Shedd for but four days' absence from the trial, and that on account of illness, for each and all 498 of which reasons, the undersigned hereby respectfully presents for record his emphatic protest, as above stated. (Signed) Edward P. Payson. The Rev. Messrs. John H. Edwards and James C. Nightingale were appointed to bring in an answer to the protest. They subsequently reported the following : Your Committee deem it sufficient to state that the absence of Rev. Mr. Mingins was excused by the Coui:t, and his name kept accordingly upon the roll. The Rev. Dr. Shedd and others lost their membership in the Court and their places upon the roll, under the rules adopted by the Court. (1) "That the excuse of absence shall relate to a positive and important duty ; (2) That it shall not involve absence during two consecutive sessions."^ In the judgment of your Committee the Court is satis- fied with the conduct of the Moderator in the matter referred to by the protestant. (Signed) John H. Edwards. James C. Nightingale. 499 The Committee appointed to bring in the result of the vote and the judgment of the judicatory, presented the following report. The report was accepted. The case of the Presbyterian Church in the United States of America against the Reverend Charles A. 161 Briggs, D. D., liaving been dismissed by the Presbytery of New i York on November 4, 1891, was remanded by the General Assembly of 1892 to the same Presbytery with instrnction that ''it be brought to issue and tried on the merits thereof as speedily as possible.' ' In obedience to this mandate the Presbytery of New York has tried the case. It has listened to the evidence and argument of the Committee of Prosecution acting in fidelity to the duty committed to them. It has heard the defense and evidence of the Kev. Charles A. Briggs, D. D., presented in accordance with the rights secured to every minister of the Church. The Presbytery has kept in mind these established principles of our polity, ' ' That no man can rightly be convicted of heresy by inference or implication," that in 500 the interpretation of ambiguous expression ''candor re- quires that a Court should favor the accused by putting upon his words the more favorable rather than the less favorable construction," and that " there are truths and forms with respect to which men of good character may differ." Giving due consideration to the defendant's ex- planations of the language used in his Inaugural Ad- dress, accepting his frank and full disclaimer of the interpretation which has been put upon some of its phrases and illustrations, crediting his affirmations of loyalty to the Standards of the Church and to the Holy Scriptures as the only infallible rule of faith and prac- tice, the Presbytery does not find that he has transgressed the limits of liberty allowed under our Constitution to scholarship and opinion. Therefore, without expressing approval of the critical or theological views embodied in the Inaugural Address, or the manner in which they have been expressed and illustrated, the Presbytery pronounces the Rev. Charles A. Briggs, D. D., fully acquitted of the offences alleged 501 against him, the several Charges and Specifications accepted for probation having been "not sustained" by the following vote : 162 503 SUSTAINED. NOT SUSTAINED. 1 Iz; M 41 42 42 42 02 i H O H M H i h5 < EH 1 Specification, 2 '' •[charge j^ ; ; 17 17 17 17 58 59 59 59 55 54 54 54 15 15 15 15 70 69 69 69 II.- '1 Specification . . 2 Charge {^ ; ; 39 39 39 39 16 16 16 16 55 55 55 56 56 5Q 56 16 16 16 16 72 72 72 72 f Specification, . . ^^^' ^ Charge \b *. ! 44 44 42 44 17 17 17 17 61 61 59 61 52 52 54 52 15 15 15 15 67 67 69 67 ( Specification, . . I^-j Charge )« ; ; 39 39 39 15 15 15 54 54 54 55 55 55 17 17 17 72 72 72 i Specification, . . V-j Charge {« ; ; 35 35 35 14 14 14 49 49 49 51 51 51 16 16 16 78 73 73 Txj j Specification, . . ^^•| Charge, .... 41 41 16 16 57 57 55 55 14 14 69 69 Accordingly the Presbytery, making full recognition of the ability, sincerity and patience with which the Com- mittee of Prosecution have performed the onerous duty assigned them, does now, to the extent of its Constitutional power, relieve said Committee from further responsibility in connection with this case. In so doing the Presbytery is not undertaking to decide how far that Committee is subject to the authority of the body aiDpointing it, but intends by this action to express an earnest conviction that the grave issues involved in this case will be more 163 wisely and justly determined by calm investigation and fraternal discussion than by judicial arraignment and process. In view of the present disquietude in the Presbyterian Church, and of the obligation resting upon all Christians to walk in charity and to have tender concern for the consciences of their brethren, the Presbytery earnestly counsels its members to avoid, on the one hand, hasty or over- confident statement of private opinion on points con- cerning which profound and reverent students of God's word are not yet agreed, and, on the other hand, suspi- cions and charges of false teaching which are not clearly capable of proof. Moreover, the Presbytery advises and exhorts all sub- 504 ject to its authority to regard the many and great things in which we agree rather than the few and minor things in which we differ, and turning from the paths of contro- versy, to devote their energies to the great and urgent work of the Church, which is the proclamation of tlie Gospel and the edifying of the Body of Christ. (Signed) George Alexandeh, Henry Van Dyke, Robert Jaffray. After discussion Presbytery took an intermission of fifteen minutes, at 3 p. m. During this interval Presbytery met in regular session. It was resolved that 40 per cent, be added to the annual 505 assessment of the churches, to meet the extraordinary expenses incurred in the trial of Dr. Briggs. At 3.15 Presbytery resumed its sitting in a judicial capacity. Presbytery now continued the discussion of the report begun before the intermission ; after which a motion to lay the second part of the report on the table was lost by a vote of 47 to 58. The report was then adopted in its several parts, and then it was adopted as a whole by a majority vote, and the Moderator declared that this be 164 the judgment of the Court, and that it be entered accordingly. 506 The thanks of the body was extended to the Committee having in charge the supervision of the stenographer's report. On motion, Presbytery now sat with open doors, when the Prosecuting Committee presented the following ex- ception : As the Prosecuting Committee find many omissions from, additions to, and mistakes and errors, in the co^^y of the stenographic report of the judicial proceedings in this case, as furnished by the stenographer, and as the Prosecuting Committee has not had access to the so-called official stenographic report as corrected and amended by the Committee of which the Moderator is Chairman, nor opportunity to compare the copy furnished to them by the stenographer with the so-called official stenographic 507 report, the Prosecuting Committee therefore excepts and asks to have entered upon the record its exception to the so-called official stenographic report being considered or accepted as a part of the record in this case, or as an accurate, full and complete stenographic report of the proceedings in this case before the Presbytery of New York, which would entitle it to be used upon the hearing of the appeal in this case in a higher Court. The following persons presented their respectful dissent from the action of the Court on the first part of the Com- mittee's report, viz. : William P. Worrall, Saml. Bowden, Edward P. Pay- son, George Nixon, Andrew Shiland, Abbott L. E.. Waite, Levi H. Parsons, Alex. W. Sproull, James C. Nightingale. The Moderator then read the judgment of the Court, whereupon the Prosecuting Committee presented the fol- lowing exception : The Prosecuting Committee excepts and asks to have entered upon the record its exception to the final judg- ment in this case as now read, and to each and every part thereof. 165 After reading and approving the minutes the Court adjourned. 508 Concluded with prayer and the Apostolical benediction. S. D. Alexander, Stated Cleric, Presbytery of New York, 153 East TSth Street, New York. May 8th, 1893. I have examined the above print, pages 37 to 165, in- clusive, being a copy of all of the x3roceedings had in the Presbytery of New York in the case of the Presbyterian Church in the United States of America versus Rev. Charles A. Briggs, D. D., from the 13th day of June, 1892, when the mandate of the General Assembly in said case was received by the said Presbytery, up to and in- cluding the 9th day of January, 1893, when the final judgment in said case was entered, as recorded in Volume 14 of the Records of the Presbytery of New York, and I hereby authenticate the same as in entire agreement with the records of this Presbytery. S. D. Alexander, Stated Cleric. f