XXIV. The Charge and Specifications, the Plea and the Judgment shall be Entered on the Minutes of the Judicatory; also all Acts and Orders relating to the Case with the Reasons therefor; the Notice of Appeal, if Filed; the Record of the Case. Nothing not on Record to be Taken into Consideration. 1. Everything influencing the Judgment of the Judicatory must be Spread upon the Records. 2. Minutes of Interlocutory Meetings in Judicial Cases should be Recorded; also the Report of the Judicial Committee in the Case. 3. Lower Judicatories directed to send up complete Records, a, b. 4. The Appellant is entitled to a Copy of the Sentence. 5. What Constitutes an Authentic Copy? a, b. 6. Testimony not on Record Admitted by Consent, a, b. 7. When Reasons are not Recorded, and the Records are Deficient, the Case is Remanded, a, b 627 XXV. Exceptions may be taken by the Original Parties, and shall be Entered on the Record... ............... ........... 629 XXVI. No Professional Counsel permitted; but any Minister or Elder belonging to the Judicatory before which an Accused Person Appears may aid him, but such Counsel may not sit in the Case. 1. Counsel assigned by Request of the Parties, a, b. In the Absence of the Appellant, Counsel Appointed by the Judicatory, c. 2. No one, not a Member of the Judicatory, may Act as Counsel. 3. Professional Counsel excluded under all Circumstances................. 630 XXVII. Questions of Order or Evidence, after Hearing of Parties, to be Decided by the Moderator, Subject to Appeal. Such Decisions to be Entered on the Record, if Desired 631 XXVIII. No One, not Present during the whole Trial, may Vote, unless by Unanimous Consent. The Roll to be Called and Absentees Noted. 631 XXIX. Parties to be Allowed Copies of the Record at their own Expense. The Record to be Transmitted to the Judicatory in which the Case Originated. 1. The Appellant entitled to a Copy of the Sentence. 2. The Records of Church Judicatories are Public Documents, and Transcript may not be Refused........... 631 631 XXX. Mode of Infliction of Church Censures, Chap. XI., Directory...... XXXI. The Judicatory may Determine to Sit with Closed Doors. The Judicatory may, before Entering on Process, Determine what Degree of Privacy or Publicity is Desirable 631 XXXII. The Accused may be Required to Refrain from Communion pending Trial, which must be Speedy. 1. The Accused may be Suspended, pending Trial. 2. Suspension from the Ministry during Process. 3. Suspension from the Privileges of Membership, a, b....... 631 CHAPTER V. SPECIAL RULES PERTAINING TO CASES BEFORE SESSIONS. XXXIII. The Accused, refusing to Appear or to Answer, to be Suspended for Contumacy. See Section XXI.......... 633 XXXIV. The Censures which a Session may Inflict. 1. Censure is not to be Removed without Evidence of Repentance. 2. Deposition and Excommunication are Distinct Acts.. 633 ... ..... XXXV. The Sentence, if Published, shall be only in the Church which has been Offended...634 CHAPTER VI. GENERAL RULES PERTAINING TO THE TRIAL OF A MINISTER, ELDER, OR DEACON. XXXVI. The Character of Ministers should be Watched over with Great Care and Impartiality, neither Screened if Guilty, nor lightly Accused......... 634 XXXVII. The Mode of Proceeding in Cuse a Minister is Accused of an Offence Committed beyond the Bounds of his Presbytery. 1. Discipline of a Minister can be only by his own Presbytery. 2. Even when non-resident. 3. Difficulty of Process does not Relieve the Presbytery of Responsibility. Discipline by Boards of Missions, etc., not Recognized, a. The Board has Discretion as to Expediency of Appointment, b, c. 4. On Petition for Restoration, a Case Transferred to the Presbytery in which the Party resides. 5. Duty of a Presbytery to give Notice of an Offence. 6. A Suspended Licentiate can be Restored only by the Presbytery which Suspended him. Another Presbytery may take Testimony. 7. Such Presbytery has no Power to try him, but only to take the Testimony. 634 XXXVIII. A Minister Accused of an Offence, who, after being twice Cited, Refuses to Appear, shall be Suspended from Office for Contumacy; and after another Citation, from the Communion of the Church...... 636 XXXIX. The Right to Deliberate or Vote Suspended, pending Charges... 636 XL. If the Accused be Found Guilty, the Censure which may be Inflicted. Deposition without Further Trial. 1. Sentence may be Passed on Confession. 2. A Suspended Minister may not Exercise any Function of the Ministry. 3. Does not Rank as a Common Christian in Good Standing. 4. The Name of one Suspended should Remain upon the Roll, a, b. 636 XLI. Heresy and Schism may Call for Deposition, but the Character and Tendency of Error should be Carefully Considered...... 637 XLII. If the Matter Complained of be such as may be Amended, the Presbytery shall take all Prudent Measures to Remove the Evil.... 637 XLIII. A Minister Deposed for Immoral Conduct, not to be Restored, even if Penitent, at once; Nor until it shall appear to be without Injury; and then only by the Judicatory which Deposed him, or by its Consent. 1. Restoration of a Deposed Minister. Caution Enjoined, a, b. 2. A Presbytery other than that which Deposed, Authorized to Restore. 3. The Assembly Recommends Restoration, the End of Discipline being Gained. 4. When the Names of Deposed Ministers are to be Published............ 637 XLIV. If a Minister is Deposed, his Pulpit shall be Declared Vacant. If not Excommunicated, Presbytery shall give him a Letter to some Church. If Suspended, and no Appeal is Pending, Presbytery may Declare his Pulpit Vacant. One who has been Deposed, or who has Demitted the Ministry, if Restored, must be Reordained.... 639 XLV. A Presbytery may Require a Minister under Process to Refrain from the Exercise of his Office, until the Case is Issued.... 639 XLVI. The Provisions of Chapter VI. apply to Process by a Session against a Ruling Elder or Deacon..... 639 I CHAPTER VII. OF CASES WITHOUT PROCESS. XLVII. In Case of an Offence in the Presence of the Judicatory, or of Self-accusation, Judg ment may be had, after Hearing, without Process. The Record must Show the Nature of the Offence and all Proceedings. Appeal may be Taken......... 640 XLVIII. A Communicant not Chargeable with Immoral Conduct, may, at his own Request, have his Name Erased from the Roll of Communicants........ 640 XLIX. Communicants Absent without Certificate of Dismission, to be Advised to Apply for a Letter. Failing to do so, may be put on the Roll of Suspended Members. If without Knowledge of him for three Years, his Name may be Erased from the Roll, with Record. Jurisdiction continues. A Separate Roll of all such Cases must be kept........ ......... 640 L. If a Communicant not Chargeable with Immoral Conduct Neglect the Ordinances for one Year, he may be Suspended, but not Excommunicated without due Process. 1. Willful Absenting one's self from Ordinances, a, b, c, d. 2. Discipline Enjoined, e, but not without Trial, ƒ, g..................... 640 LI. Demission of the Ministry and Return to the Condition of a Private Member of the Church..... 643 LII. The Name of a Communicant who has Joined another Church, without Dismission, to be Erased from the Roll. If Charges are Pending, or the Body joined be Deemed Heretical, Process may Issue........ 643 LIII. In Case of a Minister Renouncing Jurisdiction, the Steps to be Taken. Those who Entertain Views Irreconcilable with our Standards urged to Withdraw from the Ministry of our Church........ 643 CHAPTER VIII. LIV. Judicatories to be Careful and Impartial in Receiving Testimony. Competence and Credibility of Witnesses..... 644 644 LV. Who are Competent Witnesses. Any Witness may be Challenged for Incompetency. LVII. Husband and Wife Competent Witnesses for or against each other, but shall not be several Specifications, the Proof of two or more Specifications by Credible Witnesses may Establish the Charge. 645 LIX. No Witness afterward to be Examined, except a Member of the Judicatory, may he Present during the Examination of another Witness, if Objection be made................ 645 LX. Procedure in Examination of Witnesses......... 645 I.XI. Form of Oath or Affirmation. 1. The Authority for Administering a Judicial Oath. 2. Testimony should be under Oath and Recorded....... ........ 645 LXII. Questions, if Required, Reduced to Writing. Question and Answer Recorded. Testimony Recorded to be Read to Witnesses and Subscribed by them....... 646 LXIII. The Records of a Judicatory, properly Authenticated, good and sufficient Evidence in any other Judicatory.. 646 LXIV. Testimony taken by one Judicatory, and Authenticated, shall be Received as Valid by every other Judicatory...... 646 .............. LXV. Commission to take Testimony. They shall take such Testimony as may be Offered by either Party under the Rules of the Judicatory, and Transmit it, duly Authenticated, to the Judicatory before which the Case is Pending.......... 646 LXVI. A Member of the Judicatory may be Called to Testify, and Resume his Seat as a Member of the Judicatory. A member of the Judicatory Required to Testify. To Refuse is Contumacy, a, b.. 647 LXVII. A Member of the Church, Refusing to Appear or to Testify when Summoned, to be Censured for Contumacy. A Minister Cited to Testify before a Session.... 647 LXVIII. On the Discovery of New Eridence, before Appeal, a New Trial may be had if Justice seems to Require it. 1. New Trial may be had on the Allegation of New Evidence. a, b, c. 2. If the Judicatory Refuse to Grant a New Trial in such Case, a Complaint may Lie, a, b. 3. An Appeal remitted for New Trial on New Testimony. 4. New Trial may not be Ordered by a Superior Judicatory without the Allegation of New Testimony, a. Nor the next Lower Judicatory, in which the Case has been Adjudicated, be Passed by, b........... ............... 643 LXIX. In the Prosecution of an Appeal, on the Offer of New Evidence deemed Important, the Judicatory may Refer the Case for a New Trial, or, by Consent, itself Issue the Case. 1. Case Referred on the Ground of New Testimony. 2. The Fact and Importance of New Testimony must be Shown, a, b, c; On Examining the New Testimony the Decision affirmed, d. 3. The Assembly, after investigation, Refuses to Refer, or to Grant any further Judicial Trial... CHAPTER IX. OF THE WAYS IN WHICH A CAUSE MAY BE CARRIED FROM A LOWER TO A HIGHER JUDICATORY. LXX. All Proceedings of the Inferior Judicatories Subject to Review, and may be Carried up by General Review and Control, Reference, Complaint, or Appeal. 1. The Assembly may not Reverse the Judicial Acts of a Former Assembly, except in Case of Manifest Injustice, a, b, c. 2. But will Correct Error when Shown to Exist. 3. The Assembly, on Memorial, Revokes its Action and Remands the Case. 4. A Judicial Case can Come before the Assembly only in some one of the above-mentioned ways... 651 SECTION I.-OF GENERAL REVIEW AND CONTROL. LXXI. All Proceedings of the Church shall be Reported to and Reviewed by the Session, and Recorded by it. The Records of all Inferior Judicatories to be Reviewed at least Annually. 1. Annual Review Required, a, b. 2. A Case Judicially Issued may be Reviewed. 3. The Synods Required to Send up their Records annually, a, b. 4. After the Records have been Approved, Corrections can be Made only by Application to the Judicatory Approving. 5. Leave given to Correct the Record on Error being Shown. 6. A Minute Recording a Fact can be Amended only by Unanimous Vote, or Reconsideration. 7. Records of Recent Meetings may be Demanded for Review. 8. Copies of the Originals Accepted only in Extraordinary Cases, a, b, c, d. 9. Minutes of Synod may be Kept in Printed Form under Specified Conditions.. 654 LXXII. The Review is to Determine the Correctness of the Record, the Constitutionality of the Action, and the Wisdom, Equity and Edifiableness of the Proceedings......... 657 I. WHETHER THE PROCEEDINGS HAVE BEEN CORRECTLY RECORDED. 1. Omission ..... 657 II. WHETHER THE PROCEEDINGS HAVE BEEN CONSTITUTIONAL AND REGULAR. 1. Unconstitutional and Irregular Proceedings, a, b. 2. A Synod may not Institute and Prosecute Judicial Proceedings. 3. A Synod may not Refuse to Receive the Members of its Presbyteries, a, b, c. 4. Reasons for Decisions Reached must be Re- corded. 5. A Superior Judicatory may not Compel an Inferior to Reverse its De- cision without Assigning Specific Reasons. 6. Reasons Assigned are Subject to Re- view. 7. Censure, without due Examination, Condemned.............................. III. WHETHER PROCEEDINGS HAVE BEEN WISE, EQUITABLE AND FOR EDIFICA- TION. 1. The Lower Judicatories must Respect the Decisions of the Higher, a, b. 2. Censured for Insubordination, a, b, c. 3. Irregularities Recited and Animadverted upon. 4. The Approval of the Minutes does not Affect the Right to Appeal or Complain against any Action taken. 5. Review and Control does not Extend to Statistical Items, etc., in Session Records............ LXXIII. Members of a Judicatory may not Vote on Review of their own Records-Cases Cited, LXXIV. Exceptions to be Entered on the Records of the Judicatory Reviewing and of that under Review. The Inferior may be Required to Review its Proceedings. But no Judicial Decision may be Reversed on Review only. 1. Exceptions must be Recorded by the Ju- dicatory Excepting, a, b, c, d. 2. Irregular and Injurious Proceedings Censured, and Order to Reconsider. 3. Judicial Proceedings may not be Reversed on Review LXXV. Citation of a Lower Judicatory, upon Advice of its Unconstitutional Proceedings, to Produce its Records and Show what it has Done.......... LXXVI. Citation of the Lower Judicatories upon Advice of their Neglect to Perform their Duty. 1. Citation of Judicatories on Review, or on Advice, a, b...... LXXVII. A Reference Defined; Of a Judicial Case not Yet Decided. Reference is Vol- untary, and not Subject to the Order of a Superior Judicatory. LXXVIII. Cases in which Reference is Proper. 1. Cases in which References have been Entertained, a-e. 2. When the Review of a Decision, without New Testimony, is Desirable, the Case should be Referred to the next Higher Judicatory...... LXXIX. References are for Advice or for Trial. They must be to the next Higher Judi- catory. If for Advice, the Decision of the Lower Judicatory is Suspended. If for Trial, the whole Case is Submitted. 1. Cases of Reference, and the Disposal made of them, a, b. 2. When Reference has been made, the Judicatory making it can Acquire Jurisdiction again only by the Action of the Superior Judicatory. 3. Reference LXXXII. The Whole Record of Proceedings to be Transmitted to the Superior Judicatory, and Parties to be Heard. 1. Testimony attested by the Moderator and Clerk Suffi- cient. 2. A Superior Judicatory may Entertain a Reference which is not Accom- panied by Testimony, and Proceed itself to take it........... LXXXIII, A Complaint Defined. Respects any Delinquency or Decision by an Inferior Judi- in a Case of mere Review of Records. 12. Nor against the Refusal to Read the Printed Minutes. 13. Nor against Postponement of Action. 14. Complainant has Leave to Withdraw for Reasons Stated, a, b, c, d. 15. Withdrawal of a Complaint may have the same Effect as its Dismissal. 16. Leave to Withdraw, the End desired being Accomplished, a, b. 17. Leave to Withdraw, because: First, The Proceedings of a Civil Court are not Conclusive as against the Ecclesiastical; Second, Trial by Commission is not Ground of Complaint; Third, Informality in the Decision does not Invalidate the Result intended to be Reached. 18. Complaint Dismissed, and Leave to Withdraw, because: First, Of the Indefiniteness of the Complaint; and Second, That the Matters should be Left to the Wisdom and Discretion of the Synod. 19. Leave to Withdraw on the Request of the Parties. 20. Complaint Dismissed because no Parties were Aggrieved. 21. Complaint Dismissed, as not in due Form; To Strike from the Roll without Notice or Citation Disapproved. 22. Subject-Matter of Complaints Entertained, a-l. 23. Complainants Satisfied, and have Leave to Withdraw....... 24. Complaint Dismissed.-Reasons Assigned, a, b, c, d, e............... 672 859 LXXXIV. Written Notice of Complaint, with Reasons, must be Given, within ten Days after the Action is Taken, to the Clerk or Moderator, who shall Lodge it with the Clerk of the Superior Judicatory before the Close of the Second Day of its next Regular Meeting. 1. Reasons, as well as Notice, must be Given. 2. Notice must be Given within ten Days, a, b, c. 3. Evidence must be Furnished that Notice was Given. 4. The Right to Complain Lost by Failure to Observe the Rules, a, b....... 686 LXXXV. In Cases Non-Judicial, if a Complaint Signed by not less than one-third is Entered, the Execution of the Decision shall be Stayed until the Final Issue of the Case... 688 LXXXVI. The Complaint and Reasons must be Lodged with the Clerk of the Next Superior Judicatory before the Close of the Second day of the Meeting next Ensuing..... ..... 688 LXXXVII. If the Complaint is in Order, and the Reasons Sufficient, the Mode of Proceeding. Where Judicial Proceedings are Involved, the Order shall be as under Section XCIX. "Of Appeals." 688 LXXXVIII. The Effect of a Complaint, if Sustained, to Reverse, in Whole or in Part; To Censure the Judicatory Complained of. When a Complaint is Sustained, the Lower Judicatory shall be Directed how to Dispose of the Matter. 1. The Judicatory Issuing a Complaint may not Decline to Adjudicate the Merits of the Case, and must Observe the Alternatives of the Book. It may not Assume Original Jurisdiction. 2. Reversal places Matters in Statu Quo. 3. A Complaint alone does not Suspend the Dissolution of a Pastoral Relation. 4. Censure of the Lower Judicatories. 5. Complaint Sustained, and the Errors of the Inferior Judicatories Detailed.............. 688 LXXXIX. The Parties to a Complaint, in Cases non-Judicial, known as Complainant and Respondent; the Latter the Judicatory Complained of, Represented by one or More of its Number, who may be Assisted by Counsel...... 690 XC. Neither the Complainant, nor the Members of the Judicatory complained of, shall Sit, Deliberate, or Vote in the Case. Presbytery of Carlisle (complaint of E. Erskine)... 691 XCI. Either of the Parties to a Complaint may Appeal............. 691 XCII. The Judicatory Complained of shall Send up its Records and all Papers pertaining to the Matter; Failing, it shall be Censured. The Superior Judicatory shall have Power to make such Orders as shall be Necessary to Preserve the Rights of all Parties.......... 691 XCIII. If a Case be Brought both by Appeal and Complaint, they may be Consolidated. If the Appeal be Abandoned, the Case shall be heard only on the Complaint. The same Matter may be the Subject both of Appeal and Complaint...... 691 SECTION IV.-OF APPEALS. XCIV. An Appeal Defined. May be Taken by either of the Original Parties. The Parties known as Appellant and Appellee. 1. The Death of the Appellee bars the Prosecution of the Appeal. 2. Appeals Limited to Judicial Cases. 3. Original Parties only may Appeal; others may Complain, a, b, c, d. 4. Who are the Original Parties? The Person Prosecuted and the Prosecutor, a, b; the Person claiming to be Aggrieved and the Judicatory Appealed from, c. 5. Members of the Judicatory trying a Case are not Parties in the Case, and may not Appeal, a, b. 6. An Appeal may be taken to the next Superior Judicatory by either of the Parties to a Complaint. 7. There is no Constitutional Provision for a Second Appeal........................... 691 XCV. What are Grounds of an Appeal. Appeals have been Entertained and Issued: 1. For Refusing to Permit a Call. 2. Against an Installation in the Face of a Protest. 3. Against a Refusal to Obey the Superior Judicatory. 4. For Refusing to |