B Oi Oi 2 I 4 j 5 I Oi THE BOOK Church Order iMioim§B]imiEiimio5! THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES IN MEMORY OF MRS. VIRGINIA B. SPORER THE BOOK OF Church Order, OF THE PRESBYTERIAN CHURCH THE UNITED STATES. Adopted 1879. RICHMOND, VA. : Presbyterian Committee of Publication* ST. LOUIS: Presbyterian Publishing Co. PART I. Form of Government. CHAPTER I. OP THE DOCTRINE OP CHURCH GOVERNMENT. I. The scriptural form of church govern- ment, which is that of Presbytery, is com- prehended under these five heads of doctrine — viz: 1. Of the Churcli ; 2. Of its members ; 3. Of its officers ; 4. Of its courts; and 5. Of its orders. II. The Church which the Lord Jesus Christ has erected in this world for the g-ath- eriug- and perfectiuo; of tlie saints, is His visi- ble kingdom of grace, and is one and the same in all ages. HI. The members of this visible Church catholic are all those persons in every nation, together with their children, who make pro- fession of the holy religion of Christ, and of submission to His laws. IV. The officers of the Church, by whom all its powers are administered, are, accordii g to the Scrlp!ures, Ministers of the Word, Ruling Elders, and Deacons. V. Ecclesiastical jurisdiction is not a seve- ral, but a joint power to be exercised by Presbyters in courts. These courts may have 2041750 6 FORM OF GOVERNMENT. jurisdiction over one or miny churches : but they sustain such mutual relations as to realize the idea of the unity of the Church. VI. The ordination of otiicers is ordinarily by a court. VII. This scriptural doctrine of Presbytery is necessary to the perfection of the order of the visible Church, but is not essential to its existence. CHAPTER n. OP THE CHURCH. Section I. — Of its King and Head. I. Jesus Christ, upon whose shoulders the government is, whose name is called Wonder- ful, Counsellor, the Mio^hty God, the Ever- lastinof Father, the Prince of Peace ; of the increase of whose government and peace there shall be no end; who sits upon the throne of David, and upon his kingdom, to order it and to establish ir with judgment and with justice from henceforth, even forever; having all power given unto Him in heaven and in earth by the Father, who raised Him from the dead, and set Him on His own riofht hand, fjir above all principality and power, and might, and dominion, and ever}^ name that is named, not only in this world, but also in that which is to come, and hath put all things under His feet, and gave Him to be the Head over all things to the Church, which is His body, the fullness of Him that filleth all FORM OF GOVERNMENT. 7 in all ; He beinof ascended up lar above all heavens, that He might fill all thino^s. re- ceived gifts for His Church, and gave all officers necessary for the edification of His Church, and the perfecting of His saints. 11. Jesus, the Mediator, the sole Priest, Prophet, Kin^-, Saviour, and Head of the Church, contains in Hiinselt, by way of emi- nency, all the offices in His Church, and has many of their names attributed to Him in the Scriptures. He is Apostle, Teacher, Pastor, Minister and Bi?hop, and the only Lawgiver in Zion. It belongs to His Majesty frorn His throne of glory, to rule and teach theChun^h, through His Word and Spiiit, by the ministry of men ; thus mediately exercising His own authority, and enforcing His own laws, unto the edification and establishment of His kingdom. HI. Christ as King, has given to His Church, officers, oracles and ordinances ; and especially has He ordained therein His system of doctrine, government, discipline, and wor- ship ; all which are either expres-ly set down in Scripture, or by good and necessary conse- quence may be deduced therefrom ; and to which things He commands that nothing be added, and that from them naught to betaken away. IV. Since the ascension of Jesus Christ to heaven, He is present with the Church by His Word and Spirit, and the benefits of all His offices are efiectually applied by the Holy Ghost. Section 11. — TJie Visible Church Defined- I. The visible Church before the law, under the law, and now under the gospel, is one 8 FORM OF GOVERNMENT. and the same, and consists of all those who make profession of the true religion, together with their children. II. This visible unity of the borly of Christ, though obscured, is not destroyed by its divis- ion into different denominations ol professing Christians; but all of these which maintain the word and sacraments in tlieir fundamental integrity are to be recognized as true branches of the Church of Jesus Christ. III. It is according to scriptural example that the Church should be divided into many particular churches. Section III. — Of the Nature and Extent of Church Power. I. The power which Christ has committed to His Church vests in the whole bodv, the rulers and the ruled, constituting it a spiritual commonwealth. This power, as exercised by the people, extends to the choice of those officers whom He has appointed in His Church. II. Ecclesiastical power, which is wholly spirtual, is two fold: the officers exercise it sometimes severally, as in preaching the gos- pel, administering the sacraments, reproving the erring, visiting the sick, and comforting the afflicted, which is tlie power of order; and they exercise it sometimes jointly in Church courts, after the form of judgment, wh'ch is .the pnver of jurisdiction. III. The sole functions of the Church, as a kingdom and government distinct from the civiT commonwealth, are to proclaim, to ad- minister, and to enforce the law of Christ revealed in the Scriptures. FORM OF GOVERNMENT. 9 IV. The Chuicli, with its ordinances, officer?, and courts, is tlie agency wliicli Clirist has ordained tor tlie editication and government of His people, for the propa^'ation of the faith, and for the evano-elization ot the world. V. The exercise of ecclesiastical power, whether joint or several, lias th^:* divine sanc- tion, when in conformity with the statutes enaced by Christ, the Lawo-iver, and when put forth by courts or by officers api^ointed thereunto in His word. Section IV. — Of the Particular' Church. I. A particular church consists of a number of professing Christians, with their oftspriiig, associated together for divine worship and godly living, agreeably to the Scriptures, and submittintr to the lawful government of Christ's kingdom. II. Its officers are the Pastor, the Kuling Elders, and the Deacons. Ill Its jurisdiction being a joint power, is lodged in tlie hands of the church session, consisting of the Pastor and Kuling Elders. IV. To the Deacons belongs the adminis- tration of the offerings for the poor and other pious use5. To them, also may ])e pro])erIy committed the charge of the temporal aflairs of the church. V. The ordinances established by Christ, the Head, in His Church are, prayer; sinking praises: reading, expoundiuir. and preaching the Word of Cod; administering the sacra- ments of baptism and the Lord's Supper; public solemn tasting and tiianksgiving; catechising; making offerines for tlie relief of the poor, and for othei pious uses ; exer- cising discipline ; and blessing the people. 10 FORM OF GOVERNMENT. Vr. Churches destitute of tlie official minis- trations ol the Word ouo^lit not ther<;loit!, to forsake theassenibnnsion on the Lord's day and at other suitable times lor prayer, praise, the reading of the Holy r-erip- lures, and exhortation, or the reading of a sermon of some approved minister. In like manner. Christians whose lot is cast in desti- tute regions ought to meet for the worship of God. Section V. — Of the Organization of a Particur lar Church. I. In the organization ol a church, the first step shall be to receive testimonials on behalf of such of the applicants as are members of the Church, if there be any ; and then to admit upon a profession of faith in Christ such candidates as on examination may be found qualified. i I . These persons should, in the next place, be requii ed to enter into covenant, by answer- ing the following questions affirmatively, with the uplilted hand, viz : " Do you, in reliance on God for strength, solemnly promise and covenant that you will walk together as an organized church, on the principles of the faith and order of the Presbyterian Church, and that you will study the purity and har- mony of the whole bodyV" The presiding minister shall then say : •' I now pronounce and declare that you are constituted a church, according to the Word of God and the faith and order of the Presbyterian Church in the United States. In the name of the Father, and of the Son, and of the Holy GUoa^, FORM OP GOVERNMENT. 11 Iir. Ruling Elders and Deacons are then to be elected, ordaiued and installed. CHAPTER III. OP CHURCH MEMBERS. I. The infant seed of believers are, through the covenant and by right of birth, members of the Church. Hence, they are entitled to baptism, and to the pastoral oversight, in- struction, and government of the Clmrch, with a view to their embracing Christ, and thus possessing personally all the benetits of the covenant. n. All baptized persons are entitled to the watchful care, instruction and government of the Church, even though they are adults and have made no profession of fliithin Christ. III. Ihose only who have made a profession of faith in Christ are entitled to all the rights and privileges of the Church. CHAPTER IV. OP CHURCH officers; Section I. — Of their General Classification, I. Under the New Testament, our Lord a* first collectts, md in such oiher works as may be needful to the Church, according to the gifts in which they excel. IV. When a minister is called to labour as a Pastor, it belongs to his office to pray for and with his fiock, as the mouth of tlie people unto God ; to feed the flock by reading, ex- pounding and preaching the Word ; to direct the congr gation in singing the praises of God; to administer the sacraments; to bless the people from God; to cat«-chise the chil- dren and youth ; to visit officially the people, devoting especial attention to the poor, the sick, the affiicted, and the dying ; and, with the other Elders, to exercise the joint power of government. V. When a minister is appointed to be a teacher in a school of diviuit}^ or to give in- 14 FORM OF GOVERNMENT. struction in the doctrines and duties of reli- gion lo youth assembhd in a college or uni- versity, it appertains to his ofhce to take a pastoral oversight ot those committed to his chargo, and be diligent in sowing the seed of the Word, anM gathering the fruit thereof, as one who watches for souls. VI. When a minister is appointed to the work of the Evangelist, he is commif-sioned to preach the Word and administer the sacra- mt^nts in foreign coiii^tries, frontier settle- ments, or the destitute parts of the Church ; and to him may be entrusted power to organ- ize churclies, and ordain Euling Elders and Deacons therein. Vil. When a minister is called to labor through the press, or in any other like need- ful WDjk. it shall be incumbent on him to make full proof of his ministry by dissemi- nating the gospel for the edification of the Church. Section III. — 0/ the Ruling Elder, I. As there were in the Church, under the law, Elders of the people for the government ther eof. so, in the gospel Church, Christ has furnished others besides the Ministers of the Word, with shifts and commission to govern when called thereunto, which officers are entitled Ruling Elders. II. These Kuling Elders do not labor in the Word and doctrine, but possess the same authority in the courts of the Church as the Ministers of the Word. III. I hose who fill this office ought to be blameless in life and sound in the faith; they should be men of wisdom and discretiou; FORM OF GOVERNMENT. 15 and by the holiness of their walk and conver- sation, should be examples to the flock. IV. Ruling Elders, the immediate repre- sentatives of the people, are chosen by them, that in conjunction with the Pastors or Min- isters, they may exercise governmcut and dis- cipline, and take the oversight of the spiritual interests of the particular church, and also of the Church generally, when called there- unto. It appertains to their office, both seve- rally and jointly, to watch diligently over the "flock committed to their charge, that no corruption of doctrine or of morals enter therein. Evils which they cannot correct by private admonition, they should biinof to the notice of the Session. They should visit the people at their home?, especially the sick; they should instruct the ignorant, comfort the mourner, nourish and guard the children of the Church ; and a'l those duties- which private Christians are bound to discharge by the law of charity are especially incumbent upon them by divine vocation, and are to be discharged as official duties. They should pray with and for the people ; they should be caretul and diligent in seekiuif the fruit of the preached word among the flock : and should inform the pastor of cases of sickness, affliction, and awakening, and of all others which may need his special att( ntiou. Section IV. — Of the Deacon, T. The office of Deacon is set forth in the Sciiptures as ordinary and perpetual in the Church. II. The duties of this office especially relate to the care of the poor, and to the collection and distribution of the offerings ol the people 16 FORM OP GOVERNMENT. for pious uses, under the direction of the Ses- sion. To tlie Deacons, also, may be properly committed the mniiugement of the temporal affairs of the Church, III. To this office should be chosen men of honest repute and approved piety, ^vho are esteemed lor their prudence and sound judge- ment, wliose conversation becomes thecjospel, and whose lives are exemplary ; seeint? that those dutie? to which all Christians are called in the way of beneficence are especially in- cumbent on the Deacon as an officer in Christ's house. IV. A complete account of collections and distributions, and a full record of proceedings shall be kept by the Deacons, and submitted to the Session for examination and approval at least once a year. V. In churches where it is impossible to secure the appointment of a sufficient number of Deacons, the duties of this office devolve on the Rulino- Elders. VI. Where it shall apj)ear npedful, the church Session may select and appoint godly women for the care of the sick, of prisoners, of poor widows and orphans, and in general for the relief of distress. CHAPTER V. OF CHURCH courts; Section I. — Of the Courts in General, I. The Church is governed by various Bourts, in regular *>:radation ; which are all, FORM OF GOVERNMENT. 17 nevertheless. Presbyteries, as being composed exclusively of Presbyters, II. 'lliese courts are church Sessions, Pres- byteries, Synods, and the General Assembly. III. The Pastor is Moderator of the ^ession. The Moderator of the Presbytery, the >Synod, and the General Assembly, shall' be chosen at each stated meeting of these courts ; ftnd the Moderator, or in case of his absence, the last Moderator present, or, the oldest minister in attendance, shall open the next meeting- with a sermon, unless it be highly inconvenient, and shall hold the chuir until a new Moderator be chosen. IV". The Moderator possesses all authority necessary for the pieservation of order, and for convening and adjourninof the court, ac- cording to its own ruling. He may also, on any extraordinary emergency, convene the court by his circular letter before the ordinary time of meeting. And m case of the failure of the appointed meeting, he may convene the court at a suitable time and place. V. It is the duty of tlie Clerk, whose con- tinnance in office shall be durino the pleasure of the court, besides recording the trans- actions, to preserve the records carefully, and to grant extracts from them whenever prop- erly required. Such extracts under the hand of the Clerk, shall be evidence to any ecclesi- astical court, and to every part of the Church. VI. Every meeting of the Presbytery, Synod and General Assembly shall be*^ opened an^ closed with prayer ; and in closing the final meeting, a psalm or hymn may be sung, and the bei edictinn pronounced. VII. The expenses of Ministers and Rulingr Elders, in their attendance on the courts, 18 FORM OP GOVERNMENT. shall be defrayed by the bodies which they respectively represent. Section II. — Of the Jurisdiction of Church Courts. T. These assemblies arc altogether distinct from the jivil magistracy, nor nave they any iurisdiction in polirital or civil affairs. 1 hey have no power to intlict temporal pains and penalties ; but their authority is in ail resp' cts moral or spiritual. II. The jurisdiction of church courts is only ministerial and declarative, and relates to the dootrines and precepts ot Christ, to the order of ihe Church, and to the exercise of disd- pline. First, they can make no laws binding the conscience; but may frame symbols of faith, bear testimony against error in doc- trine and immorality in jiractice, within or without the pale of the church, and decide cases of conscience. Secondly, they hava power to establish rules for the government, discipline, worship, and extension of the Church, which must "toe agi'eeable to the doc- trines relating thereto contained in ihe IScrip- tu'es, the circumstantial details only of the^e matters being lefc to the christian prudence and wi dom of church oflHcers and courts. Thirdly^ they possess the right of requiring obedience to the laws of Christ. Hence, they admit those qualified to sealing ordinances and to their respective offices; and they ex- clude the disobedient and disorderly irom their oflEices. or from sacramenial ptivileg- s; but the highe-t censure to which their authority extends, is to cut off" the contu- macious and impenitent from ihe congre gatiou ot believers. Moreover, they possess FORM OF GOVERNMENT. 19 all the administrative authority necessary to give el^ect to these powers. Ill All cliiirch courts are one in nature, constitutpd of the same elements, possessed inherenly of the same kinds of rio-hts and powers, and differin^: only as the Constitution may provide, ^'et it is according to scriptu- ral example, and needful to the pur-ty and harmony of the whole Church, that dispu'ed mat ers of doctrine and order, arising in the lower courts, should be relerred to the higher courts for decision. lY. For the orderly and efficient dispatch of ecclesiastical business, ii is necessarv that the sphere of action of each court should be dis- tinctly defi wed. 'I'he Session exercises juris- diction over a single church ; the Presbytery over what is common to the Ministers, Ses- sions and churches within a prescribed dis- trict; the Synod over what belongs in com- mon to three or more Presbyteries, and their Ministers, Sessions and churches ; and the General Assembly over such matters as con- cern the whole Church; and the jurisdiction ot these courts is limited by the express pro- visions of the Constitution. Every court has the right to resolve questions of doctrine and discipline i^eriously and reasonably proposed, and in general to maintain truth and right- eousness, condemning erroneous opinions and practices which tend to the injury of the peace, purity or pro^rress of the Church ; and althoutrh each court exercises exclusive origi- nal jurisdiction over all matters specially be- longing to it, the lower courts are subject to the review and control of the higher courts, In regular gradation. Hence, the>e courts are not sepimite and independent tribunals; 20 FORM OF GOVERNMITNT, but they have a mutual relation, and every act of jurisdiction is the act of the whole Church, performed by it through the appro- priate organ. Section III. — Of the Church Session. I. The church Session consists of the Pastor or Pastors, if there be any, and the Kuling Elders of a church. Two Ruling Elders, if there be so many, with the Pastor, if there be one, shall be necessary to constitute a quorum. II. In case of the absence of the Pastor, or when for prudi^ntial reasons it may appear advisable that some other Minister should preside, such Minister belonging to the same Presbytery, as the Pastor with the concur- rence of the Elders may designate, shall be invited to preside in his place. III. When a church is without a Pastor, the Moderator of the Session shall be either the Minister appointed for that purpose by the Presbytery, or one invited by the Session to preside on a particular occasion. But when it is inconvenient to procure the attendance ol such a Moderator, the Session may proceed without it. In judicial casis this Moderator fehall always be a member of the same Pres- bytery to which the church belongs. IV. In churches where there are two or more Pn>;tors, they shall, when present, alter- nately preside. V. The church Session is charged with maintaining the spiritual government ot the church, for which ]»urpose it has power to inquire into the knowledge, principles and christian conduct of the church members under its care ; to censure those found delin- quent; to see that parents do not neglect to POEM OP GOVERNMENT. Si present their children for baptism ; to receive members into the communion of the Church ; to ^-aut letters of dismission to other churches, which, when given to parents, shall always include the names of their baptized children ; to ordain and install Kulin^ Elders and Dea- cons on their election by the church, and to require these officers to devote themselves to their work ; to examine the records of the proceedings of the Deacois ; to establish and control Sabbath schools and Bible classes, with especial reference to the children of the Church ; to order collections for pious uses ; to take the oversight of the singing in the public worship of God; to assemble the people for worship when there is no minister ; to concert the best measures for promoting the spiritual interests of the church and con- gregation ; to observ e and carry out the law- mi injunctions of the higher courts ; and to appoint representatives to the Presbyterj'' and the Synod, who shall, on their return, make report of their diligence. VL The Session shall hold stated meetings at least quarterly. Moreover, the Pastor has power to convene the Session when he may judge it requisite ; and he shall always con- vene it when requested to do so by any two of the Euling Elders; and when there is no Pastor, it may be convened by two Ruling Elders. The Session shall, also, convene when directed so to do by the Presbytery. VII. Every Session shall keep a fliir .record of its proceedings, which record shall be at least once in every year submitted to the in- Bpeetion of the Presbytery. VII[. Every Session should keep a fair record of baptisms, of those admitted to the 22 I^ORM OF GOVERNMENT. Lord's table, of non-communicating members, and of the deaths and dismissions of church members. IX. Meetings of the Session sliould ordi- narily be opened and closed with prayer. Section IV.— Of the Presbytery. I. The Presbytery consists of all the Minis- ters and one llulinyf Elder from each church within a certain district. II. Every Kuling Elder not known to the Presbytery shall produce a certificate of his regular appointment from the Session of the church which he rcDresents. III. Any three Ministers belonging to the Presbytery, together with at lea>t"one Ruling Elder, being met at the time and place ap- pointed, shnll be a quorum competent to pro- ceed to business. IV. Ministers seeking admission to a Pres- bytery shall be examined on experimental religion, .and also touching their views in tiieology and church government. If appli- cants come from other denominations, the Presbytery shall also require th m lo answer in the atlinnative the questions put to candi- dates at their ordination. V. The Presbyter3^ shall cause to be trans- c ibed in some convenient part of the book of records, the obligations required ot Ministers at their ordination, which shall be sub>cribed by all admitted to membership, in the follow- ing form, viz: 'I, A B, do ex anirno receive and subscribe the above obligat'on-^ as a just and true exhibition of my faith and principles and do resolve and promise to exercise my ministry in conformity thereunto." VI. The Presbytery has power to re- FORM OP GOVERNMENT. 23 ceive and issue appeals, complaints, and references brouo:lit before it in an orderly- manner ; to examine and license ca didates for tlie lioly miiistry; to r. c« ive, dismiss, ordain, install, remove, and jndo-e Minis- ters; to review the r. cords of church iSes- sious, redress whatever they may have done contrary to order, and take effectual care that they observe ihe Constitution of the Church ; to establish the pastoral relation, and to dissolve it at the r* quest of one or both of the parties, or where tlie interests of relioioH imperatively demand it : to set apart Evange- lists to their proper work ; to require Minis- ters to devote themselves diho-ently to their sacred callino;-. and to censure the delinquent; to see that tlie lawfuliinunctions of tlie higher courts are obeyed ; to condemn erroneous opinions which injure the purity or peace of the Church ; to vi.-:it churches for the purpose of inQuiring into and reclressinof the evils that may have arisen in them ; to unite or divide churches, at the request of the members thereof; to torm and receive new churches; to take special oversifrht of vacant churches; to concert measures for the enlartrement of the Church within its bounds ; in geueial, to order whatever pertains to the spiritual wel- fare of the churches under its care ; to appoint commissioners to the General Assembly ; and, finally, to propose to the Synod or to the As- sembly such measures as may be of common advantage to the Church at large. VII. The Pr< sbytery shall kes p a full and lair record of its proceedings, and shall send it up to the Synod annually for review. It shall report to the Synod and the General Assembly every year the condition and pro- 3& PORM OP GOVERNMENT. gress of reliofion within its bounds during the year; and all the important changes which may have taken place, such as the licensures, the ordinations, the receiving or dismissing of members, tlie removal of members by death, the union and tlie division of churches, and the formation of new ones, VIII. The Presbytt ry shall meet at least twice a year on its own adjournment ; and when any emergency shall require a meeting sooner than the time to whicli it stands na- journed, the Moderator, or, in case of his ab- sence, death, or inability to act, the Stated Clerk sh;dl, with the concurrence, or at tlie request of two Ministers and two Euling El- ders of different churches, call a special meet- ing. For this purpose he shall give notice, specifying the particular business of the in- tended meeting, to every Minister belonging to the Presbytery, and to the Session of every vacant church, in due time previous to the meeting, wiiich shall not be less than ten days. And nothing shall be transacted at such spe- cial meeting" besides the particulai' business for which the court has been thus convened. IX. Ministers, in good standinof in other Presbyteries, or in any ecclesiastical body with which this Church has estab'ished corres- pondence, being present at any meeting of the Pnsbyteiy, may be inviti d to sit and deliber- ate as corresponding members. Also Mm-s- ters of like standing in other Evan^'elicaJ Churches may be invited to sit as visiting brtthren. In all these cases n is proper for the Moder itor to in'rodui e ihese Ministers to the Presbytery, and give them the light baud of fellowship. FORM OF GOVERNMENT. 25 Section V. — Of the Synod. T. The Synod consists of all the Ministers and onn Rulino- Eldf r ironi each church, in a district coniprising at ieasr th e- Presbyteries. The qua itications lor membership la tlie Synod and ihe Presbyt* ry are the same. II. The Synod slia'll meet at least, once in each year, and any seven Ministers helona-in»' to it v^ ho sball convene at the time and place of met-ting-, witli at lea-t three Kulino- Elders, shal be a quorum : Provid- d not more than three or the said AJinisters belong- to one PresbyIerJ^ III. The same rule a«! to corresponding members, which is laid down with respect to the Presbytery, shad apply to the Synod. IV. I he Synod has power to receive and issue all appeals, c< mplnints, and references, regul>^rly brought up irom the Presbyteries; to review the records of the Presb \ teries, and redress whatever they may have done contrary to order; to take effectual care tint thev observe the (Constitution of the Church, and that they obey the lawful injunctions of the higher courts ; to erect new Pres- byteries, and unite or divide those which were before erected; to appoint Ministers t@ such work, proper to their office, as as may fii'l under its own particidar juris- diction ; ill general, to take such order with respect to the Presbyteries, Sessions and Churches under its care as may be in con- formity with the Word of God and the estab- lished rules and may tend to promote the edification of the Church , to concert meas- ures for promoting the pro-perity and en- largement of the Church within its bounds ; 26 FORM OP GOVERNMENT. and, finally, to propose to the General Assem- bly such measures hs may be of common ad- van tao^e to the whole ('hurch. V. It sliail be the duty of the Synod to ke^p full and f.sir records ot its proceediuf^s, to sub- mit them annually to the inspection of the General Assembly, and to report to it the number of its Presbyteries, and of the mem- bers thereof, and in general, all important changes which may have occurred within its bounds during the year. Section VI. — Of the General Assembly. I. The General Assembly is the highest court of this Church, and represents in one body all the churches thereof. It bears the title of '1'he General Assembly of the Presbyterian Church in thk Unitkd States, and constitutes the bond of union, peace and correspondence among all its con- gregations and courts. II. The General Assembly shall meet at least annually, and shall consist of commis- sioners from the Presbyteries in the following proportion, viz ; Every Presbytery shall be entitled to send one Minister and one Ruling Elder; but if it consists of more than twenty- four ministerial members, it shall send an ad- ditional Minister and Ruling Elder. III. Each Commissioner, before his name shall be enrolled as a member of the Assem- bly, shall produce from his Presbytery a com- mission under the hand of the Moderator and Clerk in the following or like form, viz : " The Presbytery of , being met at on the day of , doth PORM OP GOVERNMENT. 27 hereby appoint A. B., Minister [or Ruling Elder, a? the case may be], and in case of his absence, then C. D., Minister [or Euling El- der, as the case may be], to be a Commissioner on behalf of this Presbytery to the next Gen- eral Assembly of the Presbyterian Church in the United btates, to meet at , on the day of A. D., or wherever and whenever the said Assembly may happen to sit; to consult, vote, and de- termine on all things that may come before that body, according to the principles and Constitution of this Church and the Word of God. And of his diligence herein he is to render an account at his return. '* Signed hy order of the Presbytery. (C. D.) Clerk. (A. B.) Moderator. IV. Any eighteen ot these commissioners, of whom one-half shall be Ministers, and at least five shall be Ruling Elders, being met on the day and at the place appointed, shall be a quorum tor the transaction of business. y , The General A ssembly shall have power to receive and issue all appeals, references and complaints regularly brought before it from the inferior courts ; to bear testimony against error in doctrine and immorality in practice, injuriously affecting the Church ; to decide in all controversies respecting doctrine and dis- cipline ; to give its advice and instruction, in conformity with the Constitution, in all cases submitted to It ; to review the records of the Synods; to take care that the inferior courts observe the Constitution : to redress whatever they may have done contrary to order ; to con- cert measures for promoting the prosperity and enlargement of the Church ; to erect new Synods; to institute and superintend the 28 FORM OF GOVERNMENT. agencies necessary in the preneral work of evan examine, consid r. and report, the commission is authorized to delib- FORM OF GOVERNMENT. 29 erate upon and conclude the business submit- ted to it, subject, however, to the review of the court appointinof it. 'i'o this end full re- cords of its proceedinc^- shall be submitted to the court appointing- it, which, it approved, may be entered on the minu^s of that court. 11. The tak'ng of testimony in judicial cases, the ordination of Ministers, the installation of JNlinisters, the visitation of portions of the Church aftected with disorder, and theor<>'au- ization of ntw churches, may be executed by commission. The commission for the ordina- tion of a Minister shall always consist of a quorum of the court, but the Presbyteiy itself shall conduct the previous examinations. ill. 'J'he !:?ynod and the General Assembly may, with tlie consent of parties, commit any case of trial coming before them on appeal to the judgment of a commission, composed of others than members of the court from which the appeal shall come up. The commission of a Synod shall consist ol not less than fifteen, ot whom seven shall be Euling Elders ; the comniission of the Assembly of not less than twenty-seven, of whom thirteen shall be Rul- ing Elders. In each ca.^e, two-thirds of the commissioners shall be a quorum to attend to business. Tln^ commission shall try the cause in the manner prescribed by the Rules of Dis- cipline; and in renderin/ judgment shall make a full statement of the case, which shall be submitted to the c urt for its action as its judgment in the cause. iV. The General Assembly shall have power to commit the various interests pertaining to the general work of evangelizati<.)n to one or more commissions. 30 FORM OF GOVERNMENT. CHAPTER VI. OF CHURCH ORDERS. Section I. — Of the Doctrine of Vocation. 1. (J linary vocation to office in the Church is the calhng- of God by the Spirit, through the inward testimony of a good conscience, the manitest approbation of God's people, and the concurring judgment of the lawful court ot Christ's house according to His Word. n. Since the goA'crnment of the Church is representative, the right of the election of their officers by God's people, eitiier immedi- ately by their own suffrages, or mediately through church courts composed of their chosen representative^, is indefeasible. Nor can any man be placed over a church, in any office, without the election, or at least the con sent of that church. I([. Upon those whom God calls to bear office in His Church He bestows suitable gifts for the discharge of their various duties. Wherefore every candidate for office is to be approved by the court by which he i? to be or- dained. And it is indispensable that, besides possessing the necessary gifts and abilities, natural and acquiied, every one admitted to an office should be sound in the faith, and that his life and conversation be according to godliness. Section II. — Of the DoctHne of Ordination. I. Those who have been lawfully called are to be inducted into their respective offices by the ordination oi a court. rORM OF GOVERNMENT. 31 II. Ordination is. the authoritative admis- sion of one duly called to an office in the Chuieh of God, arconinanied with prayer and the imposition of hands, to which it is'proper to add the giving of ihe riglit hand of tellow- ship. 11 f. As every ecclesiastical office, according to the Scriptures, is a special charge, no man sha 1 be ordained unless it be to the perform- ance of a delinite work. Section III. — Of the Election of Church Offi- cers. ■ I. Every church shall elect persons to the ofRces of Pastor, Ruling Elder and Deacon in the following manner, viz: Public notice shall previousl}' be given b}^ the Session that the church is to convent^ at the usual place of public worship for ^xwh ourpose : and it shall always be the duty of the t^ession to convene iliem when requested by a majority of the persons eniitled to vote. II. Jtis imijortant thatin ail these elections a Minister siiould preside; but if the Session tind it impracticable, without hurtful de'ay, to procure ihe attendance of a Minister, tie election may nevertheless be heid. in. 'J'he voters being convened, the Moder- ator shall put the question to them whether they are ready to proceed to the election If they declare themselves read}^ the Moderator shall call for nominations, after which the election shall immc diately proceed, unless the electors prefer to postpone it to a subsequent day; or the e'ection may proceed by ballot without i;ominations. Hut in every case a majority of all the volers pre.-ent shall be re- quired to elect. JW FOKM OF GOVERNMENT. \V. All conuniinicating members in orood and rep:iilar stjindiiif^, but no others, are enti- tled to vote in the election of church officers u: the chui-clies to ^vhich thej' are respect- tvely attached; and \vnen a majority of the fJectors cast tlieir votes for a person for either ot these otHces, he shall be considered elected. V, On the ejection of a Pastor, if it appear that a lartr-e minority of the voters are averse from the candidate who has a majority of votes, and cannot be induced to concur in the call, the Moderator shall endeavor to dissuade the majority from prosrcuting it further; but if the electors be nearly or quite unanimous, or if the majority shall insist upon their right to call a Pastor, the Moderator in tliat case shall proceed to draw a call in due form, and to have it subscribed by them, certify in »• at the same time in writing the number Tuid cir- cumstMUces of tliose who do not concur in the «;all. all of which proceedings sh dl be laid before the Piesbytery to^'ether with the call. V r. The call shall be in the following or iike form, viz : The church of , being, on sufficient grounds, well satisfied of the ministerial qualirications of you , and having good hopes from our past experi- p.nce (or knowledge) of your labors, that your ministrations in the go-pel will be profitable 10 our spiritual intere.-ts, do earnestly c;dl you to undertake the pastoral office in said ijongregation, promising j'ou, in thedischaige of your duty, all proper support, encournge- inenr and obedience in the Lord. And that you may be free from woildly cares and avo- caiions, we hereby promise and oblige our- FORM OF GOVERNMENT. 33 selves to pay you the sum of in re£:ular monthly (or quarterly, or half- yearly, or yearly) payments, during the time of your being and continuing the regular Pastor of this cliurch. In testimony whertof we have respectively subscribed our names this day of A. D. Attested by A. B., Moderator of the Meeting. VII. But if any church shall choose to sub- scribe its call by the Kuling Elders and Dea- cons, or by a committee, it shall be at liberty to do so. J?>ut it shall, in such case, be fully certified to the Fresbj^tery by the Minister, or other person who presided, that the persons signing have been appointed for that purpose by a public vote of tlie church ; and that the call has been, in all other respects, prepared as above directed. Vill. One or more commissioners shall be appointed to present and^,prosecute the_call before the Presbytery. lA. If the call be to a Minister or proba- tioner of another Presbytery, the commis- sioners appointed to prosecute the call shall produce an attested certificate from their own Presbytery that it has been laid before that body and found in order, and that permission has been granted them to prosecute it before the Presbytery to which he belongs. Section IV — 0/ the Ordination and Installation of Ruling Elders and Deacons^ and of the Dissolution of their Official Relations. I. When any person has been elected to either of these ofttces, if the way be clear, and 34 POUM OP GOVERNMENT. he declare his purpose to acce])t, the Session shall appoint a day for hifi oidination. II. 'J'he day havino^ arnvecf. and the Ses- sion being convened in the presence of the church, a sermon shall be preached if con- venient, after which the pre-idiii"' Minister shall state in a concise manner the warrant and nature of the ofhce of Kuling Elder, or Deacon, together with thechnracter proper to be sustained, and the duties to be fidtilled. Having done this, he shall propose to the can- didate, in the presence of the church, the fol- lowing questions, viz: 1 . Do you believe the Scriptu' es of the Old and New Te-taments to be the Word of God, the only Infallible rule ot foith and practice? 2. Do y»u sincerely receive and adopt the Confession of Faith and the Catecliisms of this Church, as containing the system of doc- ti'ine taught in the Holy Scriptures? 3. Do yon approve of the government and discipline of the Presbyterian Church in the United States? 4. Do you accept the office of Euling Elder (or Deacon, as the case may be) in this church, and promise faithfully to perform all the du- ties thereof? 5. Do you promise to study the peace, unity, edification and purity of the Clsurch ? 'Ihe Ruling Elder or Deacon elect having answered in the affirmative, the Minister shall address to the members of the church the fol- lowing questions, viz : Do you, the members ol this church, ac- knowledge and reci ive this brother as a Rul- ing Elder (or Deacon), and do you i)romise to yield him all that honour, encourage ment and obedience iu the Lord, to which liis office, ao- FORM OF GOVERNMENT. 35 cording to the Word of God and the Consti- tution of this church, entitles him? The members of the chureli having an- swered tliis question in the atfirmative, by holding up their right hands, the Minister shah proceed to set apart tlie candidate, with prayer and the lay ng on of the liands ot the fcjession, lo the ottice ot IJuling Eider (or Dea- con, as the case may be). Prayer bting ended, the members of tlie Session (and the Deacons, if the case be that of a Deacon) shall talce the newly ordained officer b}" the hand, saying, in words to this efF ct: " Wa give you tlie right hand ot fellowship to tal^e i-ai t in tlii> office with us."' The Minister shall then say : '* I now pronounce and declare that A. B. has been reguhiriy elected, ordained and installed a Ruling Elder (or Deacon) in this church, Hgreeably to the VV^ord of God, and according to tlie f.'o'nsti! ution of the I^resbyterian Church in the United States ; and that a-; such he is eniitled to all encouragemei t, honour, and obedience in the Lord: In the name of the Father, and of the >on, and of the Holy Ghost. Amen." After which he shall give to the Rul ng Elder (or Deacon) and to the church, an exhortation suited to the occa- sion. 111. 'I he offices of Ruling Elder and Dea- con a?e perpetual; nor can they be laid aside at pleasure; nor can any person be degraded from either office but by lieposition after reg- ular trial. Yet a Ruling Elder or Deacon may, though chargeab e with neither her«sy nor immorality, become unacceptab e in his official character to a majority of the church wliich he >erves. In such a case, it is compe- tent for the Session, upon application, either 00 FORM OF GOVERNMENT. from tlic olllcer or from tlie cliurcli, to dia- eolve tli(3 relation. Hut no suv.h aijplicalioa from cither p;irty sliall be granted \\itlioat alfording to tiie other party full opportunity for statiuiT objections.* IV. When a lUiIing Elder or Deacon re- moves permanently beyond the bounds of the churcli wiiich he serves, his official rdation shall be thereby dissolved, and the tessiou shall rt cord the foct. V. When a Ruling Elder or Deacon who has been relia«ed from his official relation, is again elected to his office in the same or an- cther church, he sha 1 be installed after the above form, with the omission of ordina- tion. Section V. — Of the Ordination of Ministers, a7id the Formation and Dissolution, of the Pastoral Relation. I. No Minister or probationer shall receive a call from a church but by the permission of his Prcsbyteiy. When a call has been pre- sented to the Presbyterj^ if lound in order, and the Presbytery deein it tor the good of the church, they sba 1 place it in the hands of the persou to whom it is addressed. II. When a call for the pas'oral services of a probationer has been acce ted hj him, the Presbyteiy.^ Presbytery being fully sat- istied othis qualiticationsfor t!ie sacred oliice, shall appoint a day for his ordination, -Ahich ought, if practicable, to be iu that church of which he is to be the pastor. IV. The day Mppoiuted for the ordination having come, at d the Piesbytery being con- vened, a niem])er of the Presb5'tcry, previ- ously appo'nted ro that duty, shall preach a sermon adapted to the occasion. The same, or another member aj^pointed to preside, shall after ;varJs brierty recite from the pulpit the proceedings of the Presbytery preparatory to the ordination ; he shall poiut out the nature and importance of the ordinance, and en- deavor 10 impress the audience with a proper sense ot ihe solemnity of the transaction. Tiien addressing himself to Ihe candidate, he shall propose to him the following ques- tions, viz : 1. Do vou believe the Scriptures of thn Old and New Te-taments to be the Word of God, the only infallible rule ot faith and practice ? 2. Do y®u sincerely receive and adopt the Confession of Faith and the Catechisms of this Church, as containing the system of doc- trine taught in the Holy'Scriptiu-es? 3. Do you approve of the government and discipline of the Presbyterian Chiu'ch in the United States? 4. Do you promise subjection to your breth- ren in the Lord? 88 FORM OF OOVERNMENT. 5. Have you been iiKluced, as fnr as you know your own heart, to seek the office of the holy mh)istiy from love to God and a sincere desire to promote His glory in the gospel of His Son? 6. Do you promise to be jealous and faith- ful in mainttiinin^ the trimis of 'he gospi 1 and the purity JHuTpcac*' of tlie Church, what- ever persecution or opposition may arise unto you on that account? 7. Do you engage to be faithful and diligent in the exercise of all your duties as a Chris- tian and a Minister of the gospe', whether personal or relative, i^ivate or public ; and to endeavour by the grace of God to adorn the prof< ssion of the gospel in your conversation, and to walk with exemplary pit ly b( fore the flock of which God shall make you overseer? 8. Are you now willing to take the charge of this church, agreeably to your declaration at accepting their call ? And do you. relying upon God tor strength, piomise to dischaige to it the duties of a Pastor ? V. The candidate having answered these questions in the affirmative, the presiding Minister shall propose to the church the fol- lowing questions : 1. Do you, the people of this congregation, continue to profess your readiness to receive , whom you have called to be your Pastor? 2. Do you promise to receive the word of truth from his mouth with meekness and lo\e, and to submit to him in the due exercise of discipline ? 3. Do you promise to encourage him in his labours, and ro assist his endeavours for your instruction and spiritual edificaiion? f ORM OP GOVERNMENT. 39 4. And do you engnofe to continue to him whilelie is your Pastor that competent worldly maintenance which you have promised, ^nd to furnish him witl^ whatever you may see needful for the honour of religion and for his comfort anion o* you ? Vr. The peo;ole having answered these questions in the" nffirmative, by holding up their right hands, the candidate shad kned. and the presiding Minister shall, wiih prayer and the laying on of the hands of the Presby- tery, according to the apostolic example, sol- emnly set him" apart to the holy office of the gospel ministry. Prayer beinsf ended, he shall ri-e from his knees f and the Minister who presides shall first, and afterward all the mem- bers of the Presbytery in their order, fcike him by the right hand, saying, in words to ths effect: **\Vegive you the right hand of fcllowsliip, to take part in this ministry with us." The Moderator shall then say: "1 i ow pronounce and declare that A. B. has been regidnrlv elected, ordained and installed Pas tor of tins congregation, agrc eably to the Word 01 God. and accordinuf to the Constitu- tion of the Presbyierian Church in the United States; and that as such lie is entitled to all support, encouragement, nonor, and obed-- ence in the Lord. In the name of the Father, and of the -on, and of the Holy Gho-t. Amen." After which tlr^ Minister p esiding, or som • other apj)ointed for the purpose, shall give a solemn charge to the Pastor, and to the con- gregation, to p rsevere in the discharge of their reciprocal duties ; and then by pi-ayer rec-mmend them both to the grace of (iod and His lu.ly keeping: and finally, alter sing- ing a psalm or hymn, shall dismiss the con- 40 rov.M or hovernment. oToofitioii wiUi tlie usual blos-sinf*-. And the Presbytery shall duly record the transac- tion. Vir. After the installation, the heads of families of the conirreo-ation then present, or atleastthe Ruling- Elders and Deacons, should come forward to their Pastor, and ^ive liiiii their ri,^ht hand, in token of cordial reception and affectionate regrard. VUI. In the ordination of probationers at'. Evangelists, the eio^lith of the precedi no- ques- tions shall be omitted, and the following sub- stituted for it. viz: Do you now undertake the work of an Evangelist, and do you promise, in reliance on (jiod tor strength, to be faithful in the dis- charge of all the' duties incumbent on you as a Mniister of the Gospel of the Lord JesuR Christ ? IX. No Presbytery shall ordain any proba- tioner to the office "of the gospel ministry, with reference to his labouring within the bounds of another Presbytery, but shall fur- nish him with the n^^cessary testimonials, an(J require him to repair to the I'resbytery within, whose bounds he expects to labour, that he- may submit himself to its authority, according to the Constitution of the Churcir. X. In the installation of an ordained Minis- ter, the following questions are to be substi- tuted for those addressed to a candidate for ordination, viz : 1. Are you now willing to take charge of this congregation as their Pastor, agreeably to your declaration at accepting it? call? 2. Do you conscientiously believe and de- clare, as far as j^ou know your own heart, that, in taking upon you this charge, you are FORM OF GOVERNMENT. 41 Infiiiencecl hv a sincere desire to prorrote the g'lory of <'0(1 and tlie oood of the ("liurch? 3. Do you soknnnly pronii.-e that, b,v the assistance ol the ofrace of God, you will en- deavour faitlifuUy" to discharoe all the duties of a Pastor to this congretration, and will be careful to maintain a deportment in all re- spects becomino- a Minister ot the gospel of Christ, aoreeably to your ordination engage- ments V Xr. A congregation desiring to call a Pas- tor from his charge, shall, by its commission- ers, represent to the Presbytery tlie ground on which it pleads his removal. The Presby- tery- having lieard all the parties, may, upon viewing the whole casf, either recommend them to desist from prosecnting the call, or may order it to be delivered to the Minister to whom it is addressed, with or without ad- vice; or may decline to place the call in his hands, asit'^shail appear most for the peace and edification of the Church at large; or it may refer the whole matter to the next Synod for advice and direction ; and no Pastor shall be trans'ated without his own consent. If the parties are not ready to have the matter issued at the meeting then in progress, a writ- ten citation shad be given the Mi-istt rand his churcl) to appear before the Presbytery at its next meeii' g, which citation shnll be read from the pulpit on the Sabbath after sermon, at least iwo Sabbaths befoie the intended meeting XII. If the congregation, or other field of labour, to which a Minister or i^robationer is called, bennder the jurisdicti'^n of a different Presbytery, on his acceptance of a call he shall be furnished with the proper testimonials, and ^ FORM OP GOVERNMENT. required to repair immediately to that Pres- bytery, in order ihnt he may be re<^iilarly in- ducted into bis otiice, according to the pre- cedinf^ directions. Xllt. When any Minister sliall tojider the resig-nation of his pastoral charge to his Pres- bytery, the Presbytery shall cite the churcli, as in the preceding directions, to appear by its commissioners at the next meeting, to show cause, if any it lias, why the Presbyiery should not accept the resignation. If the church fail to appear, or if irs reasons for retaining its Pastor be deemed insufficient, liis resignation shall be accepted, and the pastoral relation dissolved. If any church desires to be relieved of its Pastor, a similar process shall be ob- served. But whether the Minister or the el lurch initiate proceedinsrs for a dissolution of the relation, ther.i shall always be a nr. et- ing of the chm-ch, called and conducted pre- cisely in the same manner as when the call of a Pastor is to be made out. Section VL — Of the Licensure of Probationers for the Gospel Ministry. r. Presbyteries shall license probationers to preach the gospel, in order that, after suffi- cientlj^ trying their gifts, and recei\ing Irom the church a good report, they may, in due time, ordain them to the sacrod ottice. I r. The trials of a candidatf for licensure shall ordinarily be had b}'' the Presbytery having jurisdiction of the church of which he is a member ; but should any one find it more convenient to put himself under the care of a Presbytery at a distance from that to which he most naturally belongs, he may be received FOKM OF GOVERNMENT. 43 by the said Presbytery on his producing testi- monials, eitlicr froin"^the Presbytery within the bounds of \\hielilie has usually nsided, or from any two Ministers of that Presbytery in good standing, ol liis exemplary piety and other requisite qiialiticiitions. III. Caudidcites applyino to the Presbytery to belicen-ed to pi-each the gospel, shall pro- duce satisfactory testiniouials of their good moral character,\and of their being communi- cating members of tlie Church, in regular standing. And the Presbytery shall exam- ine them respecting their experimental ac- quaintance with religion, and the motives which intiuence them to desire the sacred olfice. This examination thail be close and particular, and shall ordinarily be conducted in the presence of the Presbytery only. And it is recommended that the'candidate be also required to woduce a diploma of Bachelor or Master of Arts from some college or univf-r- sity ; or at least authentic testimonials of his having gone through a regular course of learning". IV. The Presb^-tery shall try each candi- date as to his knowledge of the Latin lan- guage and the original language s of the Hoiy Scriptures. Jt shall also" examine him on mental philosophy, logic and rhetoric; on ethics ; on the naturaT and exact sciences ; on theology, natural and revealed ; and on ecclesiastical history, the sacraments, and church government. Moreover, the Presby- tery shall require of him — 1. A discussion in T.atin of a thesis on some common head in divinity. 2. An exegesis or critical exercise, in which the candidate shall give a specimen of his tastQ 44 FORM OF GOVERNMENT. and judgment in sacred oriticipm ; prepentin*^ an explication of the original text, statintricfed and technical sense, signifying judi- cial prosecution. II. In the one sense, all baptized persons, being members of the Church, are subject to its discipline, and entitled to the benefits thereof; but in the other, it refers only to those w ho have made a profession of their faith in Christ. III. The ends of discipline, as it involve* judicial prosecution, are the rebuke of offences, the removal of scandal, the vindication of the honour of Christ, the promotion of the purity 4L» CO THE RULES OP DISCIPLINE. and general edification of the Church, and the spiritual good of offenders themselves. IV. The power which Chiist has given to the rulers of His Church is for ( dification. anv< not for destruction ; it is a dispensation (»? mercy, and not of wrath. As in the preach ing of the word the wicked are doctrinal 1 1 separated from the good, so by discipline th' Cnurch authoritatively separates between th' ho:y and the profane. In this it acts the pai of a tender mother, correcting her children fo their good, that every one of them may b » presented faultless in the day of the Lorl Jesus. CHAPTER II. OF THE DISCIPLINE OF NON-COMMUNICATINil MEMBERS. I. The oversio;ht of the children of thu Church is committed by God primarily to be lieving parents, who are responsible to rh^ Church for the faithful discharge of this duty 1'he resp.onsibility of parents continues durin|j the minority of their children, and extends to all such conduct contrary to the purity anr"' sobriety of the gospel as parents may ancl ou»;ht to restrain and control. II. The Church should make special provis- ion for the instruction of its youth in the doc- trines of the Bible as set forth in the Cate chisms. Hence, Church Sessions ought to establish, under tlieir own authoritv, Bible classes and Sabbath schools for this object, or TDE RULFS OP DISCirLINE. 51 to adopt such other methods as shall secure the same end. III. When the children of the Church arrive at years of discretion, they are bound to dis- charge all the duties of church members. If they give evidt-uce of saving faith in Christ, together with a correct walk and conversation, the}' should be informed that it is their privi lege and duty to make a profession of faith in Christ, and to come to His table. If they ex- hibit a wayward disposition, and associate themselves with the profane, the Church should still cherish them in laith, and ought to use all such means as the Word of God warrants and tlie christian prudence of church othcers shall dictate, for reclaiming them and brino-ing them to appreciate their covenant privileges, and to discharge theii* covenant obligations. IV. Those adult non-communicating mem- bers who submit with meekness and gratitude to the government and instruction of the Church, are entitled to special attention. Th(4r rights under the covenaijt should be frequently and fully explained and their du- ties enforced on their consciences ; they should be warned of the sin and danger of neglecting their covenant obligations, and urged by the mercies ot Christ to come up to their full dis- charj^e. V. All non-communicating members shall be deemed under the care of the church to which their parents belong, if they live under the parental roof and are minors ; or other- wise, under that of the church where they re- side, or with which they ordinarily worship. 62 THE RULT58 OF DISCTPtlNB. CHAPTER III. OP OFFENCES. I. An offence, the proper object^of judicial process, is anything in the principles or prac- tice of a church member professing faith in Christ, which is coutrarj^ to tiie Word of God. The Confession of Faith and the T.arger and Shorter Catechisms of the Westminster As- sembly, together with the formularies of gov- ernment, discipline, and worship, are accepted by the Presbyterian Church in the United States as standard expositions of the teach- ings of Scripture in relation to both faith and practice. Nothing, therefore, ought to be considered by any court as an offence, or ad- mitted as a matter of accusation, which can- not be proved to be such from Scripture, as interpreted in these standards. II. Offences are either personal or general, private or public ; but all of them being sins against God, are, therefore grounds of discip- line. III. Personal offences are ^dolatious of the Divine law, considered in the special relation ot wrongs or injuries to particular individu- als. General offences are heresies or imnaor- ralities. having no such relation, or considered apart trom it. l\. Private offences are those which are known only to a few persons. Public offences are those which are notorious. THE RULES OF DISCIPLINE. 63 CHAPTER IV. OF CHURCH CENSURES. I. The censures which may be inflicted by church courts are, admonition, suspension, excommunication, and deposition. Wlieu a lower censure lails to reclaim the delinquent, it may become the duty of the court to pro- cef^d to the infliction of a hio-her censure. II. Admonition is the formal reproof of an offender by a church court, warning him of Ills guilt and danger, and exhorting him to be more ch-cumspe'ct and watchful in the fu- tm-e. III. Suspension, with respect to church membei's, is their temporary exclusion from sealing ordinances; with respect to church officers, it is their temporary exclusion from the exercise of their offlce. It may be either defluire or indefinite as to its duration. Defi- nite suspension is administered when the credit of religion, the honour of Christ, and the good of the delinquent demand it, even though he may have given satisfiiction to the court. Indefinite suspension is the exclusion of an oflender from sealing ordinances, or from his ofiice, until he exhibit signs of re- pentance, or until, by his conduct, the ne- cessity 01 the highest censure be made mani- fest. IV. Excommunication is the excision of an offender from the communion of the Church. This censure is to be inflicted only on account of gross cr.me or heresy, when the offender 6hov7S himself incorrigible and contumacious. The design of this censure is to operate on the offender as a means ot reclaiming him, to 64 THE RULES OF DISCIPLTNE. deliver the Cliurch from the scandal of his of- fence, and to inspire all with lear by the ex- ample of his di-scipline. V. Deposition is the degradation of an ofli- cer from his otH( e, and may or may not be accompanied with the intiiction of other cen- sure. CHAPTER V. OP THE PARTIES IN CASES OP PR0CES8. I. Original jurisdiction in relation to Min- isters of the Gospel pertains exclusively to the Presbytery, and in relation to other church members to the i?ession. II. It is the duty of all church Sessions and Presbyteries to exercise care over those sub- ject to their authority; and they shall, with due diligence and great discretion, demand from such persons satisfactory explanations concerning reports aftecting their Christian character. This duty is 'more imperative when tliose wlio deem themselves aggrieved by injurious reports shall ask an investiga- tion. Jf such investigation, however origin- ating, should result in raising a strong pre- sumption of the guilt of the party involved, the court shall institute process, and shall ap- point a prosecutor to prepare the indictment, and to conduct the case. This prosecutor shall be a member of the court, except that, in a case before the Session, he may be any communicating member of the same^ congre- gation with the accused. THE RULES OF DISCIPLINE. 55 Til. The Original and only parties in a case of process are the accuser "and the accused. The accuser is always the Presbyterian Church in the United States, whose honour and purity are to be maintained. 'J'he prose- cutor, whether voluntary or appointed, is always the representative of the Uluu'ch, and as such has all its rights in the case. In ap- pellate courts the parties are known as appel- lant and appellee. IV. Every indictment shall begin : " In the name of the Piesbyterian Church in the Uni- ted States," and shall conclude, •* against the peace, unitj^ and purity of the Church, and the honour and niajesry of the Lord Jesus Christ as the King and Head thereof." In every case the Church is the injured and ac- cusing partj^, versus the accused. Y. An injured party sliall not become a prosecutor of personal offences without hav- ing previouslj^ tried the means ot reconcilia- tion, and of reclaiming the offender, required by Christ : '•' Moreover, if thy brother shall trespass against thee, go and tell him his fault betvveen thee and him alone : if he shall h^ar thee, thou hast gained thy brother ; but if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established." Matt, xviii : 15, 16. A church court, however, may judiciady investigate personal offences as if general, when the interests of religion seem to demand it, So, also, those to whom private offences are known cannot become prosecutors, without having previously en- deavoured to remove the scandal by private means. VI. When the offence is general, the cause 66 THE RULES OP DISCIPLmfi. may be conducted either by any person ap« pearino: as prosecutor, or by a prosecutor ap- pointed by the court. VII. VVhen the prosecution is instituted by the court, the previous steps required by our Lord in the case of personal offences are not necessary. 'J'here are many cases, however, in wiiich it will promote the interests of reli- gion to send a committee to converse in a private manner with the offender, and en- deavour to bring him to a sense of his guilt, before instituting actual process. VIII. Great caution ought to be exercised in receiving accusations from any person who is known to indulge a malignant spirit to« Avards the accused ; who is not of good char, acter ; who is liimself under censiu-e or pro- cess; who is deeply interested in any respect in the conviction of the accuset, and the solemn dutj'' in which they are about to engage. XIII. In order that the trial may be fair and impartial, the witnesses shall be examined in the presence of the accused, or at least after bO THE RULES OF DISCirLiyB. he shall have received due citation to attend. Witnesses may be cross-examined by both parties, and any questions asked which are pertinent to tiie issue. XIV. On all questions ari^^ing in the pro- gress of a trial, the discussion shall fir.-t be between the parties ; and when they have been heard they maybe required to withdraw from the court, until the members deliberate upon an(3 decide the point. XV. When a court of first resort proceeds to the trial of a cause, the following order shall be observed,: 1. The Moderator shall charge the court. '2. The indictment shall be read, and the answer of the accused heard. 3. The witnesses for the prosecutor, and then those for the accused, shall be examined. 4. The parties shall be heard, first the prosecutor, and then the accused, and the prosecutor shall close. 5. The roll shall be called, that the members may express their opinion in the cause. 6. The decision shall be made, and judgment entered on record. XVI. Either party may, for cause, chal- lenge the right of any member to sit in the trial of the case, which question shall be de- cided by the members of the court, other than the one challenged. XVI [. Pending the trial of a cause, any member of the court who shall express his opinion of its merits to either party, or to any person not a member of the court ; or who Fhall absent himself from any sitting without the permission of the court, or satisfactory reasons rendered, sliall be thereby disqualified from taking part in the subsequt'ut proceed- ings. XVIII. The parties shall be allowed copies THE RULES OF DISCIPLINE. 61 of the whole proceed in o-s, at their own ex- pense, if they demand thein. Minutes of the trial sliall be Ivept by the clerk, which shall exhibit the charges, the answer, all the testi- mony, and all such acts, orders, and decisions of the court relating to the cause, as either party may desire, and also the iudgment. The clerk shall, without delay, attach togeth- er the charges, the answer, the citations and returns thereto, and the minutes herein re- quired to be kept. These papers, when so attached, shall constitute '• the record of the cause." AVhen a cause is remoyed by appeal or complaint, the lower court shall transmit "the record" thus prepai'cd to the higher coiu-t, with the addition of the notice of ap- peal or complaint, and the re isons thereof, if any shall haye been tied, is'othing which is not contained in this ''record' "shall be taken in- to consideration in the higher court. On the final decision of a cause in a higher court, its judgment shall be sent down to the court in which the case originated. XIX. No professional counsel shall be per- mitted as such to appear and plead in cases of process in any court; bat an accused person may, if he desirts it, be represented before the Session by any comnuinicating member of the same particular cliureh ; or before any other court, by any member of the court. A member of the coiu-t so employed shall not be allowed to sit in judgment in the cause. XX. Process, in case of scandal, shall com- mence within the space of one year after the offence was committed, luiless it has r« cently become flagrant. When, ho veyer, a church member shall commit an oftence, atter remov- ing to a place far distant from liis former real- 9i THE RULES OF DISCIPLINE. dence, and where his connection with the Church is unknown, in consequence of which circumstances process cannot be instituted witliin the time above specified, the recent discovery of tlie church membership of tlie individual shall be considered as equivalent to the offence itself having recently become fla- gi'ant. The same principle in like circum- stances, shall also apply to Ministers. CHAPTER VII. SPECUL RXriES PERTAINING TO PROCESS BE- FORE SESSIONS. T. Process aofainst all church members, oth- er than Ministers of the gospel, shall be enter- ed before the Session of the church to which such members belong. II. When an accused person, having been twice duly cited, shall refuse to appear before the Session, or appearing, shall refuse to plead, the court shall enter upon its records the fact, together with the nature of the of- fence charged, and he shall be suspended from sealing ordinances for his contumacy. This sentence shall be made public, and shall in no ease be removed until he has not only repent- ed of his contumacy, but has given satisfac- tion in relation to the charges against him. II[. If the charge be one of gross crime or heresy, and the accused persist in his contu- macy, the court may proceed to inflict the highest censure. IV. When it is impracticable immediately to THE RULES OP DISCIP1.INB. 63 comence process against an accusefl church member, the Session may, if it think the edifi- cation of the Church require it, prevent the accused from approaching- the Lord's table, until the charges against him can be exam- ined. CHAPTER VIII. SPECIAL RULES PERTAINING TO PRQCE88 AGAINST A MINISTER. I. Process against a Minister shall be en- tered before the Presbytery of which he is a member. n. As no Minister ought, on account of his office, to be screened in his sin, or slightly censured, so scandalous charges ought not to be received against him on slight grounds. II [. If any one know a Minister to be guilty of a private offence, he should warn him in private. But if the offence be persisted in, or become public, he should bring the case to the attention of some other Minister of the Pres- bytery for Ids advice. IV. If a Minister accused of an offence, hav- ing been twice duly cited, shall refuse to ap- pear before the Presbytery, he shall be imme- diately suspended. And if. after another cita- tion, he still refuse to attend, he shall be deposed as contumacious, and suspended or excommunicated from the Church. Record shaU be made of the judgment and of the charges under wliich he was arraigned, and the sentence shaU be made public. 64 THE RULES OF DISCIPLINE. V. Heresy and f^cliism may be of such a na- ture as to waiTiiiit deposition; but errors ouiibt to be caiefully considered, whether tiiey strike at the vitals of religion, and are industrious]}^ spread, or Avhether they arise from the weakness oftlie Imman understand- ino-, and are not likely to do much injury. VI. If the Presbytery find on trial that the matter complainrrd of amounts to no more than such acts of intirmity as may be amended, so that little or nothin*i- remains to hinder the Minister's usefulness, it shall take all prudent measures to remove the scandal. VII. When a Minister, pendino^ a trial, shall make, confession, if the matter^be base and fiao-itious, such as drunkenness, uiieleanness, or crimes of a hi a her nature, however peni- tent he may appear to tlie satisfaction of all, the court shall, without delay, suspend him trom the exercise of his office^ or depose him from the ministry. VI II. A Minister suspended or deposed for scandalous conduct, shall not be restored, even on 'he deepest sorrow for his sin. until he shall exhibit for a considerable time such an emi- nently exemplary, humble, and edifying walk and conversation as shall heal the wound made by his scandal. And a deposed Minis- ter shall in no case be i-estored until it shall appear that the general sentiment of the Church is strongly in his favour, and demands his resto ation ; and then only by the court intlicting the censure, or with its consent. IX. VV h' n a Minister is deposed his church shall be delared vacant; but when he is sus- pended, it shall be left to the discretion ot the f're.sbytery whether the sentence shall include the dissolutiou of the pastoral relation. THE RtTLES OF DISCtPLlNE. 65 X. Whenever a Minister of the gospel shall habitually fail to be en«^afred in the regular discharse of his official functions, it shall be the duty ot the Presbytery, at a stated meet- ing, to inquire into the cause of such derelic- tion, and if necessary, to institute judicial pro- ceedings against him for breach of his cove- nant engagement. If it shall appear that his neglect proceeds only from his want of ac- ceptance to the Church, Presbytery may, up- on the same principle upon which it with- draws license from a probationer for want of evidence of the Divine call, divest him of his office without censure, even against his win, a majority of two-thu'ds being necessary for this purpose. In such a case, the clerk shall, under the order of the Presbytery, forthwith deliver to the individual concerned a written notice that, at the next stated meeting, the question of his being so dealt with is to lie considered. This notice shall distinctly state the grounds lor this proceeding. The party thus notified shall be heard in his own defence ; and if the decis- ion pass against him, he may appeal, as if he had been tried after the usual forms. This principle may ?ip^\y . mutatis mutandis, to Ruling Elders and Deacons. 66 THE RULES OP DISCIPLINB. CHAPTER IX. OF EVIDENCE. I. All persons of proper ao^e and ii>telligenc« are competent witnesses, except such as do not believe in the existence of God, or a fu- ture state of rewards and punishments. The accused party may be allowed, but shall net be compi lied, to testify ; but the accuser shall be required to testify on tlie demand of the accused. Either party has the right to chal- lenge a witness whom he believes to be lu- competent, and the court shall examine and decide upon his competency. It belongs to the court to judge of the degree of credibility to be attached to all evidence. IE. A hu-band ©r wife shall not be com- pelled to bear testimony the one against the other in any court. III. The testimony of more than one wit- ness shall be necessary in order to establish any charge ; yet if, in addition to the testimo- ny of one witness, corroborative evidence be produced, the offence maybe considered to be proved. IV. No witness afterwards to be exam^nea except a member of the court, shall be pres- ent during the examination of another wit- ness on the same case, if either party object. V- Witnesses shall be examined, first by the party introducing theaa ; then cross-examined by the opposite party ; after which any mem- ber of the court, or either party, may put ad- ditional interrogatories. But no question shall be put or answered, except by permis- sion oi the Moderator, subject to an appeal to the court ; and the court shall not permit THE HtJtKS OP BISCIPLIN^E. 67 questions Irivolous or iiTelevant to the charge at issue. Vi. The oath or afhrmation to a witness shaU be administered by the Moderator in the folio v\ing or like terms: ''You solemnly promise, in the presence of God. that you will declare the truih,the whole truth, andnoihing but the truth, accordino- to ihe best of your knowledge in the matter in \^hich you are called to witness, as you shall answer it lo ihe great Judge of quick and dead." If. however, at any time a witness should present himself before a court, who. for conscientious reasons, E refers to swear or affi-im in any other manner, e shall be allowed to do so. VII. Every question put to a witness i^hall, if required, be reduced to writing. When an- swered, it shall, together with the answer, be recorded, if d' emed by the court, or by either party, ot snfiicient importance, and i he testi- mony of the witness shall be read to him for his approbation and subscription. VIII. The records of a court, or any part of them, whether original or transcribed, it reg ularly authenticated by the Moderator and Clerk, or by either of them, shall be deemed good and sufficient evidence in every other court. IX. In like manner, testimony taken by one court and regularly certified, shall be re- ceived by every other court, as no less valid than if it had been taken by itself. X. When it is not convenient for a court to have the whole, or perhaps any part of the testimony in a particular c:iuse, taken in its presence, a commission shad be ;^pp()inte(i to take the testimony in question, which shall be coiisidered as if takeu in the presence of 68 THE RULES OF DISCIPLINE. the court; of which commission, and of the time and place of its meeting, due notice shall be given to the opposite party, that he may have an opportunity of attending. And if the accused shall desire, on his part, to take testi- mony at a distance, for his own exculpation, he shall give notice to the court of the time and place at which it is proposed to take it, that a commission, as in the former case, may be appointed for the purpose. Or, the testi- mony may be taken on written interrogato- ries, by tiling the same with the clerk of the court having jurisdiction of the cause, and giv- ing two weeks' notice thereof to the adverse party, durin": which time he may file cross- interrogatories if he desire ir ; and the testi- mony shall then be taken by the commission in answer to the direct and cross-interrogato- rie>!, if such are filed, and no notice need be given of the time and place of taking the tes- timony. X[. A member of the court shall not be disqualified for sitting as a judge by having given testimony in the case. XII. An officer or private member of the church refusing to testify, may be censured for contumacy. XIII. If. atter a trial before any court, new testimony be discovered, which is supposed to be highly important to the exculpation of the accused, it is proper lor him to ask, and for the court to grant, a new trial. XIV. If, in the prosecution of an appeal, new t< stimony be offered, which, in the judg- ment of the appellate court, has an importaut bearing on the case, it shall be competent for that court to refer the cause to the inferior court lur u new tiial ; or, with the consent of THE RULES OP DISCU'LTNE. 69 parties, to take the testimony and proceed with the cause. CE AFTER X. OF THE INFLICTION OF CHURCH CENSURES. I. Ecclesiastical censures ought to be suited to the nature of the oifeiice; for private offences censures should be administered in the pres- ence of the court alone, or privatel}'", by one or more members on its behalf; but for pub- lic offence.*, censures should be administered in open session, or publicly announced to the church. When there are peculiar and special reasons, the court may visit public offences, not very gross in their character, wiih private admonition, or with definite suspension in private ; but the censure of indefinite suspen- sion should ordinarily be announced to the church, whilst those of excommunication and deposition should be either administered before the church, or else announced to it, at the discretion of the court. II. When any member or officer of the Church shall be guilty of a tault deserving censure, the court shall proceed with all ten- derness, and shall deal with its off"ending brother in the spirit of meekness, the mem- ber.- considering themselves, lest they also be tempted. III. The censure of admonition ought to be administered in private, by one or more member-, in behalf of the court, when the of- fence is not aggravated, and is known only to ?0 THE RULK? OP DlSCll'LtyB. a few. When the scandal is public, the admo- nition shall be administered by the Moderator in the presence ot the court, and ordinarily shall also be announced in public. IV. Definite suspension beintranexemplai^ censure, ou^ht ordinarily to be either ad- ministered m open session, or announced to the church. V. The censure of indefinite suspension ought to be inrticted with irreat solemnity, that it may be the means of impressing the mind of the delinquent wiih a proper sense of his danger, while he stands excluded from the sacraments of t! e Church of the living God, and that with the Divine blessing it may lead him to repentance. When the court has re- solved to pass this sentence, the Moderator shall address the offending brother to the fol- lowing- purpose : " VVhereas, You, A. B. (here describe the person as a Minister, Ruling Elder, Deacon, or private member of the Church), are con- victed by sufficient proof [or, are guilty by your own confession], of the sin of (here insert the offence), we, the Presbytery [or church Session] of C. D., in the name and oy the authority of the Lord Jesus Christ, do now declare you suspended from the sacra- ments of the Church [and from the exercise of your office], until you give satisfactory ev- idence of repentance.'' To tliis shall be added such advice or admo- nition as may be judg< d necessary, and the whole shall be concluded \a ith pra>erto Al- mighty (iod that He would follow this act of dit^cipiine with His blessing. VI. When the seiitence of excommunica- tion has been regularly passed, the Moderator tHU RtJtES OF biSCIPLlNB. 71 of the Session shall make a public statement before the church of the several steps which have been taken with respect to their offend- ing brother, and inform them that it has been found necessarj' to cut him off irom the com- munion ot the Church. He shall then show the authority of the Church to cast out unworthy- members, from Matt, xviii: 15-18. and 1 Cor. v:l-5. and shall explahi the nature, use and consequence of This censiu'e, warning tiie peo- ple, that they are to conduct themselves, in all their intercourse witli him as is proper to- wards one who is under the heaviest censure ot the Church. He shall then pronounce sen- tence to the follow ing eflect : "Whereas, A B. a member of this church, has been, by sufticient proof, convicted of the sin of , and after much admonition and prayer, obstinately refuses to heartheChurch, and has maniftsted no evidence of repentance: Therefore, in the name and by the authority ot the Lord Jesus Christ, we, the Session of the church of C. D., do pronounce him to be excluded from the sacraments, and cut off from the fellowship of thp ( hurch." After which prayer shall be made that the blessing of God may follow His ordinance, for the conviction and reformation of the excom- municated, and for the estabhshment of all true believers. VII. 'Jhe sentence of deposition shall be pronounced by the Moderator, in words of the following import : " vVhereas, a. B.. a Minister of this Pres- bytery [or a Kuling P:ider or [)eacon of this church], has been proved, by sufficient evi- dence, to be guilty of the sin of . we, the Presbytery [or Church Session], of C. D., 72 THE RtJLES OP DISCIPLINE. do a(ljncltate as to be brought to repentance, and to dr-sire to be readmit; ed to the communion of the Church, the Session, having obtained sufficient evidenc^^ of his sin- cere p'-nitenc-, sliall proceed to restore him. In order to which, the presiding Minister shall inform the church of the measures which have been taken with the excommunicated person, and of the resolution of the Session to restore him. On the d-y appointed for his restoration, the Minist'T shall call upon the excommuni- cated person, and propose to him in the pres- ence of the congregation the f>llo\\ing ques- tions : " Do you from a deep sense of your great wickedness, freely confess your sin in thus rebelling against God, and in refusing to hear 74 THE RULES OF DTSCirLTNE. His Church; and do yrii acknowledge that you have been in justice and mercy cut off from the communion ottlie Churchy Answer. — I do. Do you now voluntarily profess your sincere 'repentance and contrition for your sin and obstinacy : and do you humbly ask the forgiveness of God and His Church"? Answer. — I do. Do you sincerely proniise, through divine grace, to live in all hum- bleness of mind and circumspection ; and to endeavor to adorn the doctrine of God our Savior, by having your conversation as becometh the gospel? A7iswer.—l do.'' Here the minister shall give the penitent a suitable exhortation, encouraging and com- forting him. Then he shall pronounce the sentence of restoration in the following words : "Whereas, you, A. B., have be^n shut out from the communion of the Church, but have now manifested such repentance as satisties the Church ; in the name of the I^ord Jesus Christ, and by His authority, we, the Session of this church, do declare you absolved from the sentence of excommunication formerly denounced against you ; and we do restore you to the communion of the Church, that you may be a partaker of all the benetits of the Lord Jesus to your eternal salvation." The whole shall be concluded with prayer and thanksgiving. IV. The restoration of a deposed officer, after public confession has been made in a manner similar to that prescribed in the case of the removal of censure f om an excommun- icated person, shall be announced to him by the Moderator in the tollowing form, viz : <' Whereas, you, A. B., formerly a Minister THE RULES OF DISCIPLINE. 75 of this Presbytery, [or a Ruling Elder or Deacon of this chinch,] have been deposed from 3^our othce, but have now manifested such repentance as satisfies the Church ; in the name ot the Lord Jesus Christ, and by His authority, we, the Presbytery of C. D., [or the Session of this church.] do declare you absolved trora the said sentence of depo- sition formerly pronounced aid^ainst you ; and we do furthermore restore you to your said office, and to the exercise of all the functions thereof, whenever you may be orderly called thereto." After which there shall be prayer and thanksgiving, and the members of the court shall extend to him the right hand of fel- lowship. V. When an Elder or Deacon has been absolved from the censure of deposition, he can not be allowed ;o resume the exercis'' of his oftice in the church without re-election by the peop'e. Vi. >Vhen a person under censure shall remove to a part of the countr}'^ remote from the court by which he was sentenced, and shall desire to profess repentnnce and obtain restoration it shall be lawful for the court, if it deem ir expedient, to transmit a certified copy of its proceedings to the Session (or Prest»ytery) where ihe delinquent resides, which shall take up the case, and proceed with it as though it had originated with itself. VII. In proceeding to restore a suspended or deposed Minister, it is the duty of the Pres- bytery to exercise great caution ; first admit- ting him to the sacraments, if he has been ^^baiTed from the same, afterwards granting 76 THE RULES OP DISCIPLINE. him the pnvilet action shall not be taken until the church Session has ascertaint'd, after mature inquiry and due delay, that this confession does not result from Satanic teniptation or transient dark- ness of spirit. This rule, however, shall not be applied to those who wilfully absent them- selves from the Lords tiible, which is always an offence. III. A Minister of the gospel, against whom THE RULES OP DTSCirLINE. 77 there are no charges, if fully satisfied in his own conscience that God has not called him to the ministry, or if he has satisf istory evi- dence of his inability to serve the Church with acceptance, may report these facts at a stated meetintr. At the next stated meetinof, if after full deliberation the Presbytery sluili concur with him in judgment, it may divest him of his office without censure, and shall assign him membership in some particular church. IV. When a member or officer shall re- nounce the communion of this Church by ioiuing some other evangelical Church, if in good standing, the irregularity shall be re- corded, and his name erased. But if charges are pending against him, they shall be com- municated to theChurch which he has joined. If the denomination be heretical, an officer shall have his name stricken from the roll, and all authority to exercise his office derived from this Church shall be withdrawn from him ; but a private member shall not be othei'wjse noticed than as above pre- scribed. 78 THE RULES OF DISCIPLINE. CHAPTER XIII. OP THE MODES IN WHICH A CAUSE MAY BK CARRIED FROM A LOWER TO A HIGHER COURT. I. Every decision which is made by any church court, except the hiij-hest, is subj<'Ct to the review of a superior court, and may be brought before it by genernl review and control, reference, appeal, or complaint. I[. When a matter is transferred in any of these ways from an inferior to a superior court, the members of the inferior court shall not lose their right to .«it, deliberate, and vote in the case in tlie hiyher courts, except that either of the original parties may challenge the right of any members of the inferior court to sit, which question shall be decided by the vote of all those members of the superior court who are not members of the inferior. Section I — Of General Review and Control, I. It is the duty of every court above a church Session, at lea*t once a year, to review the records of the proceedings of the courts next below. And if any lower court shall omit to send up its records for this pur- pose, the higher court may issue an order to proQUce them, either immediately, or at a particular time, as circumstances may re- quire. II. In reviewing the records of an inferior court, it is proper to examine. First, Whether the proceedings have been constitutional and regular ; Secondly, Whether they have been wise, equitable, and for the edilication of the THE RULES OF DISCIPLINE. 79 Church ; Thirdly^ Whether they have been correctly recorded; Fourthly, Whether the lawful injunctions of the superior courts have been obeyed. III. In most cases tlie superior court may be considered as fulfilling' its duty by simply recording on its own minutes the approval, the correction of proceedings, or the censure which it may think proper to pass on the records under review ; and also by making an entry of the same in the book reviewed. But should any irregular proceedings be found such as demand the interference ot the super- ior court, the inferior court may be required to review and correct them. IV. In cases of process, however, no judg- ment of an inferior court shall be reversed, unless it be regularly brought up by appeal or complaint. V. Courts may sometimes entirely neglect to perform their dutj', by which neglect here- tical opinions, or corrupt practices may be allowed to gain ground ; or oflenders of a very gross character may be suffered to escape ; on some circumstances in their pro- ceedings of very gi'eat irregularity may not be distinctly recorded by them ; in any of which cases their records' will by no means exhibit to the superior court a full view of their pr'^eeedings. If, therefore, the next superior court be well advised tliat any such neglect or irregularity has occurred on the pare of the inferior court, it is incumbent on it to take cognizance of the sanae and to exam- ine, deliberate and judge in the whole matter as completely as if it liad been recorded, 4nd thus brought up by the review of th© records. 80 THE RULES OP DISCrPLTNE. VI. When any court having appellate jur- isdiction shall be advised, either by the re- cords of the court next below, or by me- morial, either with or without protest, or by any othor satisfactory method, of any impor- tant delinquency or grossly unconstitutional proceedings of such court, the first step shall be to cite the court alleged to have offended to appear by representative or in writing, at a specified time and place, and to show what it has done or failed to do in the case in ques- tion. The court thus issuing the citation may reverse or redress the proceedings of the court below in other than judicial cases ; or it may censure the delinquent court ; or it may remit the whole matter to the delinquent court, with an injunction to take it up and dispose of it in a constitutional manner ; or it may stay all further proceedings in the case, as circumstances may require. VII. In process against an inferior court, the trial shall be conducted according to the rules provided for process against individuals, so far as they may be applicable. Section II. — Of References. I. A reference is a representation of a mat- ter not yet decided, made by an inferior to a superior com-t, which representation ought always to be in writing. II. Cases which are new, important, diffi- cult or of peculiar delicacy, the decision of which may establish principles or precedents of extensive influence ; on which the senti- ments of the inferior court are greatly divided; or on wliich, for any reason, it is desirable that a superior court should first decide, are proper subjects for reference. THE RULES OF DISCIPLINE. 81 III. References are either for mere advice, preparatory to a decision by the inferior court ; or for ultimate decision by the super- ior court. IV. In the former case, the reference only suspends the decision of the court from which it comes ; in the latter, it submits the whole case to the final judg^ment of the superior court. V. Although references may, in some cases, be proper, yet it is, generally, conducive to the good ot the Church that every court should fulfil its duty by exercising its judg- ment. VI. A reference ought, generally, to pro- cure advice Irom the superior court, yet that court is not bound to give a final judgment, but may remit the whole case, either with or without advice, to the court by which it was referred. Vil. Eeferences by any court are to be made to the court immediately superior, VII r. When a court makes a reference, it ought to have all the testimony and other documents duly prepared, produced, and in perfect readiness, so that the superior court may be able to consider and issue the case with as little difficulty or delay as possible. Section III, — Of Appeals. I. An appeal is the removal of a cause, already decided, from an inferior to a super- ior coui% the efiect of which is to arrest sen- tence until the matter is finally decided. It is allowable only after judgment has been ren- dered, and to the party against whom the decision has been rendered. II. Those who have not submitted to a 82 THE RULES OP DISCIPLlNB. regular trial are not entitled to appeal. nr. Any irregularity in the proceedinors o( the inferior court; a refusal ol reasonable indul- gence to a party on trial; declining to receive important testimony ; hurrying to a decision before the testimony is Jully taken; a mani- festation of prejudice in the cause; and mis- take or injustice in the judgment, are all pro- per grounds of appeal. IV . Every appellant is bound to give notice of his intention to appeal, and also to lay the reasons thereof in writing before the court appealed from, either before its rising or within ten days thereafter. If this notice oi these reasons be not given to the court while in session, they shall be lodged with the Mod- erator or Clerk. V. No appeal shall be carried from an inferior to any other court than the one imme- diately superior, without its consent. VI. The appellant shall lodge his appeal, and the reasons of it, with the Clerk of the higher court before the close of the second day of its sessions ; and the appearance of the appellant and appellee shall be either in person or by writing. Yll. In taking up an appeal, after ascer- taining that the appellant on his part has conducted it regularly, the first stop shall be to read "the record of the cause;" the second, to hear the parties, first the appellant, then the appellee, and the appellant shall close; the third, to call the roll, that the members may express their opinion in the cause ; and then the vote shall be taken. VI LI. The decision may be either to confirm or reverse, in whole or in part, the judgment of the inferior court ; or to remit the cause THE RULES OF DISCIPLINE. 83 for the purpose of amending the record; should ir appear to be incorrect or defective, or for a new trial. IX. If an appellant, after entering his appeal to a superior courr, fail to prosecute it, it shall be considered as abandoned, and the judgment appealed from shall be tinal. And" an appellant shall be considered as aban- doning his app: al if he do not appear before the appellate court by the second day of its meeting next ensuing the date of his notice of appeal, unless it shall appear that he was prevented by the providence of God from sea- sonably prosecuting it. X. Jf an appellant is found to manifest a litigious or other unchristian spirit in the prosecution of his appeal, he shall be cen- sured according to the degree of his offence. XI. If the infliction of the sentence of sus- pension, excommuuication or deposition be arrested by appeal, the judgment appealed from shall nevertheless be considered as in force uutid the appeal shall be issued. XII. if any court shall negleot to send up the record of the cause, especially if thereby an appellant who has proceeded with regu- larity shall be deprived of ihe privilege of having his appeal seasonably tried, it shall be censured according to the circumstances of the case, and thi- judgment appealed from shall be suspende^d until the record be produced, upon which the issue can be fairly tried. Section IV. — Of Complaints. I. A comp'aint is a representation made to a superior court against an inferior court. Any member ot the Church, submittin^to its authority, may complain against every species 84 THE RULES OP DISCIPLINE. ©f decision, except where a party, against whom a decision has been rendered, takes his appeal against it. But the complaint shall not suspend, while pending, the effect of the decision complained of. II. Notice of complaint sliall be given in the same form and time as notice of appeal. III. The parties to a complaint shall be denominated complainant and respondent ; and the latter shall be the court against which the comi)laint is taken. After tlie superior court has ascertained that the complaint is regular, its tirst step shall be to read "the record ' of the case; its second, to hear the complainant; its third, to hear the respondent by its representative ; its fourth, to hear the comphiinant again ; and then it shall consider and decide the case. IV. The superior court has discretionary power either to annul any portion or the whole of the decision complained of. or to send it back to the inferior court with instruc- tions for a new hearing. V. The court against which complaint is taken is bound to send up its records in the case, as liereinbefore provided. CHAPTER XIV. OF DISSENTS AND PROTESTS. I. A dissent is a declaration on the part of one or more members of a minority in a court,expressin^ a different opinion from that of the majority in a particular case. A dis- THE RULES OP DISCIPLINE. S5 sent unaccompained with reasons shall be entered on the records of the court. II. A protest is a more solemn and formal declaration by members of a minority bearing th( ir testimony acjainst what they deem a mischievous or erroneous judgment, and is generally accompanied with a detail of the reasons on which it is founded. III. If a protest or dissent be couched in temperate language, and be respectful to the court, it shall he recorded; and the court may, if deemed necessar}^ put an answer to the protest on the records along with it. But here the matter shall end, unless the parties protesting obtain permission to withdraw their protest absolutely, or for the sake of amendment. IV. None can join in a protest against a decision of any court, except those who had a right to vote in the case. CHAPTER XV. OFJURISDICTION. I. When any member shall remove from one clmrch to another, he shall produce satis- factory testimonials of his church-member- ship and dismis-ion before he be admitted as a regular member of that congregation, unless the church Session has other satisfactory means of information. II. VVlien a church member or officer shall remove his resid'Mce beyond the bounds of the court to whose jurisdiction he belongs 86 THE RULES OF IMSCIPLTNB. into the bounds of another, it he shall noglect for twelve months, without satisfactory rea- gons given to both these courts, to transfer his ecclesiastical relations, the court whose bounds he has It^ft shall be required to trans- fer them. And should that court neglect this duty, the one into whose bounds he has removed shall assume jurisdiction, giving due notice to the other body. III. Members of one chui'ch dismissed to ^oin another shall be held to be under the jurisdiction of the Session dismissing them, till they form a regular connection with that to which tliey have been dismissed. IV. If the residence of a communicating member be unknown for three years, he shall be retired upon a separate roll until he shall reappear and give satisfaction ; of which due record shall be made. V. When a Presbj^tery shall dismiss a min- ister, probationer or candidate, the name of the Presbyterj'^ to which he is dismissed shall be given in the certificate, and he shall remain under the jurisdiction of the Presbytery dis- missing him, until- received by the other. VI. No certificate of dismission, from either a Session or a Presbytery, shall be valid testi- mony of good standing for a longer period than one year, unless its earlier presentation be hindered by some providential cause ; and such certificates given to persons who have left the bounds of the Session or Presbytery granting them, shall certify the standing of such persons only to the time of their leaving those bounds. B 000 002 450 5 *^*'-