9 Leave to Ordain Refused where there is no Presbytery. Overture No. 34, a memorial from the Presbytery of New York, referring to this Assembly the following case: Application was made to the Presbytery of New York in April to receive by letter from the Presbytery of Cincinnati, the Rev. John Beveridge, now a resident of Northern Mexico, and to authorize the Rev. Andrew J. Park, now a member of the Presbytery of New York, and residing in Northern Mexico, and the Rev. John Beveridge, when received by the Presbytery, to ordain to the work of the ministry, if the way be clear on examination, Mr. Brigide Sepulveda, a converted Roman Catholic priest.

The Committee recommend the following answer:

Resolved, That inasmuch as there is no Presbytery, and not a sufficient number of ministers of whom to form a Presbytery, in Northern Mexico, such request be not granted. In consideration, however, of the urgency and peculiarity of the case, the Board of Foreign Missions are hereby instructed to defray the expenses of Mr. Sepulveda's journey to and from New York for his ordination by the Presbytery of New York, if the way be clear.-1871, p. 592.

IV. TO INSTALL MINISTERS.

10. The Cognizance of Settling Pastors belongs to Presbytery. That it belongs to the Presbyteries to take cognizance of the proceedings of sessions and congregations in the important concern of settling pastors, and to adopt the most effectual measures on the one hand to prevent all undue delay by the session, or the people, and on the other, to prevent all precipitancy in the settlement of any minister, or the adoption of any system of proceedings in the congregation inconsistent with the real and permanent edification of the people.-1814, p. 560.

11. A Pastoral Relation Recognized without Instalment. That it appears evident to this Synod, that Mr. Tennent having in all respects acted, and been esteemed, and looked upon, not only by this Synod, but also by the congregation of Neshaminy, and particularly by the appellants themselves, as the minister and pastor of the people of Neshaminy, that he is still to be esteemed as the pastor of that people, notwithstanding the want of a formal instalment among them (which omission, though the Synod doth not justify, yet it is far from nullifying the pastoral relation between Mr. Tennent and said people), and consequently that the Synod doth justify the judgment of the Presbytery of Philadelphia in reference to that matter, and that said appellants had no just cause of complaining against or appealing from said judgment of the Presbytery.-1736, p. 127.

12. The Presbytery may Refuse to Install even where Parties are Agreed.

When a congregation and minister agree on the amount of salary to be paid and received, and both parties being fully satisfied, request the pastoral relation to be constituted according to the order of the Presbyterian Church, has Presbytery the right to refuse to install, because, in their judgment, the salary is insufficient?

Answered in the affirmative.-1855, p. 272, O. S. [See urder Form of Government, chap. xv.]

V. TO REMOVE MINISTERS.

13. The Presbytery has Power to Dissolve a Pastoral Relation at its own Discretion.

a. Overture No. 22, from the Synod of Illinois, asking the following question, viz.:

Has a Presbytery the constitutional power to dissolve the pastoral relation against the remonstrance of the pastor and a majority of the church, when a large and influential minority of the church request it, by petition, and in the judgment of Presbytery the interests of religion in that congregation require it?

Your Committee beg leave to recommend the following answer, viz.:

The General Assembly think that the Presbytery has the constitutional power to dissolve the pastoral relation, according to chap. x., sec. viii., and chap. xviii. of our Book; but that great regard ought to be had to expediency in all such cases.

Adopted.-1860, p. 39, O. S.

b. [The same question was asked the next year, and answered by refer ring to the Minutes above, with the caution:] "That such power should in all cases be exercised with the greatest caution and discretion, and that the reasons for such action should be always fully recorded."-1861, p. 306, O. S.

14. A Synod, on Appeal, Directs the Dissolution of the Pastoral Relation, and is Sustained.

Your commission had this case several days before them, and bestowed upon it careful consideration; and have unanimously determined to report to the Assembly that the sense of this commission is, that the interests of the church of Hopewell require the dissolution of the pastoral relation, and that they agree with the decision of Synod, and they recommend the following minute:

This Assembly recognizes the right of each congregation to decide whether a pastor is acceptable to them, and the wishes of a majority are to be set aside only for weighty reasons; yet such a state of things may exist between the pastor and a portion of his people, as shall require, for the fair name of religion, that the relation be dissolved. And for this reason the appeal and complaint of Joseph Connell against the Synod of Pittsburg is not sustained.-1868, p. 649, O. S.

[See the case in full below, chap. xvii. 5.]

15. A Pastor may not be Dismissed to a Body other than that to which his Church belongs.

The Committee report Overture No. 2: "Is a member of Presbytery, desirous of withdrawing connection with our Church to a foreign body at a distance, entitled to a letter of dismission and recommendation on demand, while occupying the position as pastor of one of our churches?"

The Committee report, that he is not thus entitled.
The report was adopted.-1861, p. 471, N. S.

VI. TO JUDGE MINISTERS.

16. The Presbytery alone must Judge of the Fitness of its Members. Your Committee doubted the correctness of the order given by the Synod to the Presbytery of Geneva, to reconsider their proceedings on the subject of the admission of the Rev. Shipley Wells, a constituent

member of that Presbytery, which order, though it be not appealed from, appears to have given rise to the protest in question.

The Synod of Geneva were beyond doubt, in the opinion of your Committee, competent to censure the Presbytery of Geneva for admitting hastily, and on slight evidence, into their body, an unworthy or even a sus picious character. But it is, in the opinion of your Committee, equally clear, that the right of deciding on the fitness of admitting Mr. Wells, a constituent member of the Presbytery of Geneva, belonged to the Presbytery itself; and that having admitted him, no matter how improvidently, their decision was valid and final. The individual admitted became a member in full standing; nor could the Presbytery, though it should reconsider, reverse its own decision, or in any way sever the member so admitted from their body, except by a regular process. Adopted.-1816, p. 612.

17. A Presbytery may Reject an Applicant.

A complaint and appeal of Rev. Thomas Ledlie Birch against certain proceedings of the Presbytery of Ohio in the case of Mr. Birch, particularly for refusing to receive him as a member of their body, on the ground of a supposed want of acquaintance with experimental religion, together with a representation of the congregation of Washington, in the bounds of the said Presbytery, on the subject, was brought in by the Committee on Bills and Overtures.

Subsequently Resolved, That no evidence of censurable procedure in the Presbytery of Ohio, in the case of Mr. Birch, has appeared to this house, inasmuch as there is a discretionary power necessarily lodged in every Presbytery to judge of the qualifications of those whom they receive, especially with respect to experimental religion.-1801, pp. 213, 218.

18. But not without Sufficient Reasons.

a. A complaint was brought in by the Rev. Mr. George Duffield against the Second Philadelphia Presbytery, that they had, by one of their members, obstructed his entrance into a church in this city under their care, to which he had accepted a call, and had also refused to receive him as a member, although he was dismissed from, and recommended by, the Presbytery of Donegal, which was read.

After having maturely considered this matter, the Synod judge that Mr. Duffield has just cause of complaint against the conduct and judgment of the Second Philadelphia Presbytery, who ought to have admitted him to membership with them, and allowed him a fair trial; wherefore we now declare him to be minister of the Pine Street or Third Presbyterian congregation in this city, and order that he be put upon the list of the aforesaid Presbytery.-1773, p. 446.

b. Resolved, That the appeal of the Presbytery of Abingdon from the decision of the Synod of Virginia, in the case of the Rev. Robert Glenn, be dismissed, on the ground that the substantial cause of appeal has been removed by the act of that Presbytery, in their receiving Mr. Glenn, in conformity with the decision of the Synod. The appeal was accordingly dismissed.-1822, p. 55.

19. Rule as to a Member of an Extinct Presbytery.

The Committee appointed to consider the overture sent up by the Presbytery of Baltimore respecting the course proper to be pursued by a Presbytery when a minister with a certificate of good standing from a

Presbytery which has no longer any existence applies for admission, but is supposed to be chargeable with some offence subsequently to the date of that certificate, made the following report, which was adopted, viz.: That after the most attentive consideration of the question presented in said overture, it appears to them that the proper answer is embraced in the following particulars, viz.:

1. It is well known that the Book of Discipline of our Church expressly provides that when a minister shall be dismissed by one Presbytery with a view to his joining another, he shall always be considered as remaining under the jurisdiction of the Presbytery which dismissed him until he actually becomes a member of another. In the case stated in the overture, however, as the dismissing Presbytery had become extinct, it was physically impossible to act according to the letter of this rule. In these circumstances every principle of sound interpretation seems to direct that in ordinary cases the Presbytery into which admission is sought should receive the applicant, and if he be charged with any offence, conduct the process against him.

2. Nevertheless, it is the privilege of every Presbytery to judge of the character and situation of those who apply to be admitted into their own body, and unless they are satisfied, to decline receiving the same. A Presbytery, it is true, may make an improper use of this privilege, in which case the rejected applicant may appeal to the Synod or the General Assembly.

3. When any minister dismissed in good standing by an extinct Presbytery is charged with an offence subsequently to the date of his dismission, the Presbytery to which he applies for admission not only may, if they see cause, decline receiving him, but if their own situation be such that there is no prospect of their being able to conduct process against him in an impartial and efficient manner, ought to decline admitting him into their body.

4. In this case ministers dismissed by an extinct Presbytery and not received into any other are to be considered as under the direction of their proper Synod, and ought to be disposed of as the Synod may order.1825, p. 146, 147.

20. How Ministers and Licentiates from Corresponding Bodies are to be Received.

The Committee appointed by the General Assembly of 1829 to consider and report to the Assembly of 1830 on the manner in which ministers and licentiates are to be received into any of our Presbyteries from ecclesiastical bodies in the United States which correspond with this General Assembly, made the following report, which was adopted, viz.:

That in their judgment every licentiate coming by certificate to any Presbytery in connection with the General Assembly from any portion of a corresponding ecclesiastical body, should be required to answer in the affirmative the constitutional questions directed by chap. xiv. of our Form of Government to be put to our own candidates before they are licensed; and that in like manner every ordained minister of the gospel, coming from any church in correspondence with the General Assembly by certificate of dismission and recommendation, should be required to answer affirmatively the first seven questions directed by chap. xv. of our Form of Government to be put to one of our own licentiates when about to be ordained to the sacred office.

The course which is thus recommended by the Committee they believe

has been generally practiced by our Presbyteries, and the impropriety of admitting strangers into our connection on other terms than our own licentiates and ministers is too obvious to require remark. It is the assent of licentiates and ministers to these questions which brings them under the watch and care of the Presbyteries which receive them, and without which they ought not to enjoy the privileges of preachers of the gospel in our ecclesiastical connection.-1830, p. 287.

21. Ministers Dismissed in Good Standing should be Received on their Testimonials.

Resolved, That a due regard to the order of the Church and the bonds of brotherhood require, in the opinion of this Assembly, that ministers dismissed in good standing by sister Presbyteries should be received by the Presbyteries which they are dismissed to join, upon the credit of their constitutional testimonials, unless they have forfeited their good standing subsequently to their dismissal.-1834, p. 440.

22. The Right of Presbytery to Satisfy Itself.

1. Resolved, That in the judgment of this General Assembly, it is the right of every Presbytery to be entirely satisfied of the soundness in the faith, and the good character in every respect, of those ministers who apply to be admitted into the Presbytery as members, and who bring testimonials of good standing from sister Presbyteries, or from foreign bodies with whom the Presbyterian Church is in correspondence. And if there be any reasonable doubt respecting the proper qualifications of such candidates, notwithstanding their testimonials, it is the right and may be the duty of such a Presbytery to examine them, or to take such other methods of being satisfied in regard to their suitable character as may be judged proper, and if such satisfaction be not obtained, to decline receiving them. In such case it shall be the duty of the Presbytery rejecting the applicant to make known what it has done, to the Presbytery from which he came, with its reasons, it being always understood that each Presbytery is in this concern, as in all others, responsible for its acts to the higher judicatories.-1835, p. 485.

[The Assembly of 1837 refers to the above action, and declares:]

This Assembly do now render it imperative on the Presbyteries to examine all who make application for admission to their bodies at least on experimental religion, didactic and polemic theology and church government.-1837, p. 429.

[The New School Assembly of 1838 adopted the following:]

Whereas, it is the inherent right of Presbyteries to expound and apply constitutional rules touching the qualifications of their own members, therefore,

Resolved, That the action of the last Assembly making it imperative on the Presbyteries to examine all who make application to their bodies, not excepting ministers coming from other Presbyteries, is null and void.— 1838, p. 660, N. S.

23. A Presbytery may not give a Qualified Dismission nor Receive a Minister except on a Letter of Dismission.-Where Reception is Void, the Name should be Stricken from the Roll. Can a Presbytery under any circumstances rescind its action in the reception of a member? The Committee recommends the following answer: