referred to; and they therefore recommend that no action be taken by the Assembly in the premises.-1855, p. 26, N. S.

33 Waived in Case of a Minister from a Presbytery in Correspondence.

The Committee on the Polity of the Church reported the following question:

Will the Committee on Church Polity consider the question of an amendment to the standing rules of the General Assembly, touching the reception of foreign ministers, so as to except from the application of these rules ministers coming directly from well-known charges or positions, and bringing satisfactory testimonials, where the Presbyteries into which they are to be received have previously signified their approval of the transfer from fields abroad to fields within their bounds?

The Committee recommend as an answer to this question that so much of the regulations and provisions relative to the reception of foreign ministers (see Digest, p. 117) as regards the probation through which such ministers must pass, before the Presbytery come to a final judgment of their reception, may, at the option of any Presbytery, be waived in those cases in which the transfer is directly from a Presbytery in correspondence with this Assembly, and in which cases the approval of the transfer by such Presbytery has been previously signified.

The Presbytery receiving such a minister is strictly enjoined to make a careful record of all the facts in the case.-1869, p. 281, N. S.

The report was adopted.

34. Rule Repealed as to Ministers from the Presbyterian Churches of Great Britain.

Overture No. 11, on receiving ministers from foreign countries. The Committee recommend the adoption of the following:

Inasmuch as intercourse between the Presbyterian churches of Great Britain and our General Assembly is now much more frequent and intimate than in former years, affording the opportunity for mutual acquaintance, and knowledge of the character and standing of the ministers in the different churches of both countries; therefore,

Resolved, That the regulation requiring ministers coming among us from the Presbyterian churches of Great Britain, to submit to a year's probation before maintaining ministerial standing, is no longer necessary, and is hereby repealed. Adopted.-1872, p. 70.

35. Jurisdiction of Members Non-Resident.

See Book of Discipline, chap. v., secs. iii., iv., and chap. x., sec. ii.

36. A Presbytery may not Restore one Deposed by Another. Also, Overture No. 19, being a memorial of the Rev. George D. Stewart and others, that the General Assembly would take action and give relief in the case of Rev. Michael Hummer, who, having been deposed by the Presbytery of Iowa, had been restored by the Presbytery of Highland, against the remonstrance of the Presbytery of Iowa, just as if he was an independent minister.

It is recommended that this General Assembly declare that it is irregular and unconstitutional for any Presbytery to receive and restore a member of another Presbytery who has been deposed; and therefore the action

of the Presbytery of Highland in restoring Mr. Hummer was improper: and the Presbytery of Highland is directed to reconsider its action, and proceed according to the requirements of the constitution.

The report was adopted.-1862, p. 608, O. S.

37. One who has withdrawn can be Restored only by the Presbytery from which he withdrew.

Mr. David Austin, who had been formerly a member of the Presbytery ɔf New York, and had withdrawn from the Presbytery and the Presbyte rian Church, appeared before the Assembly and renewed his request of last year to be again received into ministerial communion and regular standing in the Presbyterian Church. Mr. Austin, having been fully heard in support of his petition, withdrew; when the Assembly, after maturely considering the case,

Resolved, That as it would be disorderly for this Assembly to restore Mr. Austin to his standing in the Presbyterian Church in the form in which it is sought by him, inasmuch as he withdrew from the Presbytery of New York, against whom he makes no complaint, and to whom, of course, he ought to apply, so this Assembly, in the course of the discussion had on the subject of Mr. Austin's application, have had before them sufficient evidence that it is inexpedient at present to recommend his reception by any judicature of this Church. Yet the Assembly are willing to hope that the time may come when the restoration of Mr. Austin to his former standing may take place to his own satisfaction and the edification of the Church.-1802, p. 238.

38. A Minister neither Suspended nor Dismissed may not be Stricken from the Roll.

[In 1830 the Rev. Theodore Clapp, having adopted a system of doctrine at variance with the Confession of Faith, communicated the fact to the Presbytery of Mississippi, of which he was a member, and requested a dismission to join the Hampshire County Association of Congregational Ministers of Massachusetts. Hereupon the Presbytery adopted a series of resolutions refusing the dismission, but declaring that "the Rev. Theodore Clapp is no longer either a member of this body or a minister of the Presbyterian Church." The whole business came before the Assembly upon a complaint of a minority of the session of the First Church, in New Orleans, with consent of the Presbytery carried up to the General Assembly.-Baird.]

Resolved, That since the Rev. Theodore Clapp has neither been dismissed nor suspended by the Presbytery of Mississippi, he ought to be regarded as a member of that body, and that in the opinion of this Assembly they have sufficient reasons for proceeding to try him upon the charge of error in doctrine.-1831, p. 340.

39. The Name of one Suspended is to Remain upon the Roll. The records of the Synod of Northern Indiana approved except that on page 54, the Synod censure the Presbytery of Michigan for retaining the name of Mr. Nicoll on the roll after suspending him from the gospel ministry. Your Committee are of the opinion that the name of a suspended minister should be retained on the roll of Presbytery till they proceed to the higher censure, though he be deprived of the exercise of his ministerial functions.

The report was adopted.-1847, p. 398, O. S.

40. Deposition does not Necessarily Infer also Excommunication -When both are Intended, it should be so Expressed.

a. The Committee to which was referred the consideration of a report made by the committee which had been appointed to examine the records of the Synod of Geneva reported, and their report being read, was adopted, and is as follows, viz.: That the records of the Synod be approved to page 45, with the exception of a resolution in page 28, which declares that a deposed minister ought to be treated as an excommunicated person. In the judgment of this Assembly, the deposition and excommunication of a minister are distinct things, not necessarily connected with each other, but when connected ought to be inflicted by the Presbytery to whom the power of judging and censuring ministers properly belongs.-1814, p. 549. b. Overture No. 20. A question submitted by John Warnock of Alabama, "Does deposition from the ministry exclude from church privileges?" The Committee recommended the following resolution, which was adopted, viz.:

Resolved, That though the causes which provoke deposition are almost always such as to involve the propriety of exclusion from the sacraments, yet the two sentences are not essentially the same, the one having reference to office and the other to the rights of membership, and therefore, Presbyteries should be explicit in stating both when they mean both. When, however, a Presbytery interpret deposition to involve suspension from the sacraments, and pronounce the censure in that sense, the sentence obviously includes both.-1848, p. 34, O. S.

41. The Name of a Deposed Minister to be Published in case he does not Cease from Ministerial Functions.

Resolved, That it be recommended to the Presbyteries under the care of the General Assembly when they shall depose any of their members from the exercise of the ministerial office, and when any person so deposed shall, without having been regularly restored, assume the ministerial character, or attempt to exercise any of the ministerial functions, that in such case, with a view to prevent such deposed person from imposing himself on the churches, Presbyteries be careful to have his name pul lished in the Assembly's magazine as deposed from the ministry, that all the churches may be enabled to guard themselves against such dangerous impositions. -1806, p. 360.

42. MISCELLANEOUS QUESTIONS PERTAINING TO MINISTERS. 1. Ministers who Withdraw from the Work of the Ministry. a. Inasmuch as Mr. Stevenson has from time to time and for years past neglected attending on our judicatures, and also omitted his ministry without giving us any reasons for his said conduct, it is therefore agreed that his name shall be struck out of our records till he come before us and give an account of his proceedings.-1741, p. 156.

b. If Persistent, to be Regularly Excluded or Deposed.

That if any minister of the gospel, through a worldly spirit, a disrelish for the duties of his office, or any other criminal motive, become negligent or careless, he is by no means to be suffered to pursue this course so as at length to be permitted to lay aside the ministry without censure, because this would be to encourage a disregard of the most solemn obligations by opening a way to escape from them with impunity.

But in all such cases Presbyteries are seasonably to use the means and pursue the methods pointed out in the word of God and the rules of this Church to recall their offending brother to a sense of duty; and if all their endeavors be ineffectual, they are at length regularly to exclude or depose him from his office.

If any cases or questions relative to this subject arise in Presbyteries which are not contemplated by the provisions of this rule, such cases or questions should be referred to the General Assembly for a special decis ion.-1802, p. 259.

c. Presbyteries to Inspect the Fidelity of their Members.

The constitutional remedy for these evils is in the hands of the Presbytery, to whom it belongs to ordain, install, remove and judge ministers (See Form of Government, chap. x., sec. viii.); and whose duty it is to inspect the fidelity of those whom they have solemnly set apart to the work of the ministry by the imposition of hands.-1834, p. 450.

d. Reasons to be Required and Recorded, with Approval or Disapproval.

That when ministers have withdrawn, or may hereafter withdraw, from the work of the ministry, wholly or in part, it be enjoined upon the Presbyteries to which they belong to require of such ministers their reasons for so doing, which reasons are to be put upon record by the Presbytery, with an expression of their approbation or disapprobation of the same.-1834, p. 450.

e. To be called to Account and Dealt with.

That those ministers who give up the regular and stated work of the gospel ministry as their main work, except it be for reasons satisfactory to their Presbyteries, should be called to an account by the Presbyteries to which they belong, and dealt with according to the merits of their respective cases. And the justifiable cause for which any minister gives up his work should be stated on the minutes of his Presbytery at the time, with the approval of the body.

f. That all our Presbyteries be directed, at their first stated meeting after the rising of this Assembly, to require such ministers in their bounds as are not regularly engaged in their covenanted work, as their chief business, to give an account of themselves; and the Presbyteries shall take such order in the premises as is consistent with this minute, and report their doings specially to their respective Synods, and to the next Assembly.-1842, p. 28, O. S.

g. Compliance with the Rule of 1834 Enforced.

1. That the attention of the Synods be called to the rule adopted by the General Assembly of 1834. (Minutes, page 450. See d, above.)

2. That the Synods be required at their next regular meeting to obtain replies from their several Presbyteries to the two following questions, namely:

(1.) Whether the above recited rule of the Assembly of 1834 has been observed by the Presbytery.

(2.) Whether proper discipline has been exercised, in cases where the reasons for withdrawal from ministerial duty have been disapproved by the Presbytery; and also in cases of habitual absence from the meetings of the Presbytery without the rendering of sufficient excuse.

The report was adopted.-1869, p. 263, N. S.

h. From the Presbytery of Elizabethtown, asking the Assembly, "for the relief of our minutes, our ecclesiastical courts, and our ministerial name, to define whether a minister who turns aside from his calling, not from bad health or moral delinquency, to some secular employment, should demit the sacred office, or be denied the full immunities of the Presbytery."

Resolved, 1st. That the former deliverances of the Assembly on that subject, to wit, in the years 1802, 1834 and 1839 (see b, d), are sufficient. Resolved, 2nd. That the Presbyteries be enjoined to execute the rule of the Assembly of 1834, as to any members "who have withdrawn in whole or in part, without justifiable cause, from the work of the ministry."-1869, pp. 935, 936, O. S.

2. When Providentially Incapacitated, Ministerial Privileges Remain.

Resolved, That it is a principle of this Church that no minister of the gospel can be regularly divested of his office except by a course of discipline, terminating in his deposition; that if any minister, by providential circumstances, become incapable of exercising his ministerial functions, or is called to suspend them, or to exercise them only occasionally, he is still to be considered as possessing the ministerial character and privileges; and his brethren of the Presbytery are to inspect his conduct; and while they treat him with all due tenderness and sympathy, they are to be careful that he do not neglect ministerial duty beyond what his circumstances render unavoidable.-1802, p. 258.

3. Rights of Ministers without Charge to a Seat in Church Courts. a. The Committee to which was referred the overture from the Presbytery of Baltimore, in the following words, viz., "Are ministers without charges constituent members of our church judicatures, and have they an equal voice with settled pastors and ruling elders of congregations in ecclesiastical governments?" reported, and their report being read and amended, was adopted, and is as follows, viz.:

In the judgment of this Assembly, this question is answered affirmatively, chap. ix., sec. 2, of the Form of Government of the Presbyterian Church, in these words: "A Presbytery consists of all the ministers and one ruling elder from each congregation within a certain district."—1816, p. 615.

b. The Committee to whom was referred Overture No. 9, relative to the right of ministers without charge to a seat in our judicatories, made their report, which, after some discussion, was referred to a committee consisting of Dr. Blythe, Dr. Hoge, Mr. Montfort, Mr. Elliot, and Mr. A. O. Patterson, to take the subject into consideration, and report to the next General Assembly.-1835, p. 492.

The report of the Committee on the rights of ministers without charges to a seat in the judicatories of the Church, was taken up, and indefinitely postponed.-1836, p. 294.

c. Overture in Relation to the Right of Ministers not engaged in the Ministerial Work to sit in Church Courts.

According to the constitution of our Church, ministers, as such, whether with or without charge, are of equal power and privilege. If the defection of any minister from the duties implied in his ordination vows is serious enough to disfranchise him, it is sufficiently serious to call for the orderly exercise of discipline. The remedy, therefore, for the evil complained