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 be 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. timony Recorded to be Read to Witnesses and Subscribed by them... Tes 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 Evidence, 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.......... 648 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.... 649 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 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 Receive an Applicant. 5. Against a Decision and Order of a Judicatory, a, b, c. 6. Appeal will not Lie against a Judicatory for Obeying the Order of its Superior. 7. An Appeal Dismissed, because there is no Evidence to Sustain the Allegations. 8. Appeal will not Lie against the Refusal to Adopt a Paper, or to Determine a Question in thesi. 9. Nor where the Judicatory Acts within the Limits of its Power or Authority. 10. Nor where the Action was Regular and Equitable. 11. Nor where the Appeal is Indefinite and General. 12. The Assembly Refuses to Entertain Appeals where no Question of Doctrine or of Law is Assigned, a, b, c......694 XCVI. Written Notice of Appeal, with Specifications, to be Given within ten Days after Judgment to the Clerk, who shall Lodge it, and all Papers, with the Clerk of the Appellate Judicatory before the Close of the Second Day. 1. Notice must be Given, and Reasons, in Writing, in due Time, a, b, c, d. 2. Evidence Required that Notice has been Given, a, b, c. A Synod Censured for Issuing an Appeal without Evidence of Notice. 3. Where a New Trial has been Granted, Notice must be Given by the Appellant of his Intent to Prosecute. 4. Failure of the Judicatory to Receive Notice does not Bar the Appellant. 5. Leave to Show that Notice was Given to the Judicatory Appealed from. 6. On Evidence of Notice, the Case Reinstated...... 699 XCVII. The Appellant shall Appear on or before the Close of the Second Day of the Next Meeting of the Judicatory, and shall Lodge his Appeal with the Clerk. If he fail to do so, or to Show Cause for his Failure, he shall be Considered as having Abandoned his Appeal, and the Judgment shall Stand. 1. Personal Attendance of the Appellant not Necessary. 2. The Appeal may be Prosecuted by Proxy. 3. In the Absence of the Appellant, the Judicatory Assigns Counsel, a, b. 4. In the Absence of the Complainant his Case Dismissed and the Complaint Sustained. 5. The Case Continued on Satisfactory Reasons given, a, b, c. 6. Dismissed as not Lodged in Time, a, b, c, d, e, f. 7. Right to Appeal Lost by Default of the Appellant, a, b, c. 8. The Appellant must Furnish the Necessary Documents, a, b. 9. Deferred in the Absence of the Necessary Documents. 10. Where the Appeal was in the House in Season the Rule virtually Complied with. 11. The Rule Interpreted Liberally where due Diligence has been used. 12. In the Absence of Records, through the Non-attendance of a Commissioner, the Appeal Received and Referred. 13. Where the Appeal failed to be Lodged in due Time through Mistake of the Appellant, it was Entered and Referred. 14. Where a Case is Continued at the Request of the Appellant, the Sentence Remains in full Force until it is Issued. 15. Dismissed, in Absence of Appellant, with Privilege of Renewal, a, b. 16. Where an Appeal has been Dismissed, the Assembly Grants a Restoration after a Long Interval when Satisfied of Error. 17. The Original Rule as to Abandonment of Appeal. of Thomas B. Craighead, a, b, c, d, e........................... ............... Case 702 XCVIII. Neither the Appellant, nor the Members of the Body Appealed from, shall Sit, Deliberate, or Vote in the Case. 1. The Moderator, being a Member of the Judicatory Appealed from, will not Sit. 2. An Interested Party should not Sit on a Trial. 3. The Members of the Judicatory Appealed from may not Vote, a, b. 4. Members of a Judicatory Appealed from may Speak on a Motion to Postpone. 5. An Elder belonging to the Judicatory Appealed from, though not a Member of the Judicatory when the Case was Issued, may not Sit. 6. Ministers who were Dismissed to other Bodies before the Action Complained of, are not Excluded. 7. A Case is Remanded, where Members of the Judicatory Appealed from Act in their own Case.......... 709 XCIX. The Method of Proceeding in Cases of Appeal. What Constitutes an Appeal “in Order." On Reading the Judgment, the Notice of Appeal, the Appeal and Specifications of Errors Alleged, the Judicatory, after Hearing the Parties, may Determine whether the Appeal shall be Entertained. If Entertained, the Order to be Observed............... 710 I. The Record in the Case from the Beginning to the End shall be Read, except what may be Omitted by Consent of Parties. 1. In the Absence of the Records the Decision of the Appeal should be Suspended. Parole Testimony will not Supply the Place of the Records. 2. Reading of Documents by Consent Dispensed with. 3. Certified Copies Distributed by Consent, a, b. 4. The Hearing of a Voluminous Case Declined; the Case Terminated by the Assembly without further Trial. 5. Matters Foreign to the Issue, by Consent, Omitted in the Reading, a, b. 6. Documents not Read may be Used in Pleading. In a Case without an Individual Prosecutor, the Appellant the only Original Party. 7. Reasons Assigned by an Appellant must be Recorded. They must be Couched in Decent and Respectful Language........... 712 II. The Parties shall be Heard, the Appellant Opening and Closing. 8. Case Remanded where the Original Parties had not been Heard. 9. Case issued where no one Appears on Behalf of the Respondent......... ....... 715 III. Opportunity shall be Given to the Members of the Judicatory Appealed from to be Heard.... 715 IV. Opportunity shall be Given to the Members of the Superior Judicatory to be Heard... 715 V. The Vote shall there be Separately Taken without Debate on each Specification of Error Alleged, the Question being Taken in the Form, "Shall the Specification of Error be Sus- tained ?" 10. The Final Vote must be Taken. 11. It must be Taken Separately on I. THE DECISION MAY CONFIRM THAT OF THE LOWER JUDICATORY, if no one of the Specifications be Sustained, and no Error Found. 1. Cases Cited, a-i. 2. In Confirming the Decision the Assembly Directs that if a New Trial, as Ordered, be not Instituted within Six Months, the Decision shall be Final.......... II. THE DECISION MAY REVERSE THAT OF THE LOWER JUDICATORY, if one or more Errors be Found. 3. Reversed on Review of Testimony. 4. Reversed, without Assigning a Reason for its Action. 5. Reversed, because of Disproportionate_Cen- sure. 6. Reversal on the Ground of Undue Severity does not Determine the Inno- cence of the Accused, nor Relieve him from other Process. 7. Where one has Ab- sented himself from the Ordinances of the Church a Qualified Form of Certificate is Sustained. Decision of Synod Reversed as in Error in Prescribing a Form of Certificate. 8. Reversed because of Unconstitutional Action of the Judicatory Ape III. THE DECISION MAY CONFIRM OR REVERSE, IN PART. 14. Reversed in Part, on the Ground of Irregularity. Affirmed in Part. The Judicatory may not Inflict a New Sentence without a new Trial, a; nor Remove Censure where they find Re- buke Deserved, b. 15. Reversed in Part on the Ground that Irregularity of Pro- ceedings does not Necessarily Invalidate. 16. Sustained in Part, Reversed in Part, Minute in the Case, a, b. 17. The Decision Censures the Irregular Excommunica- tion of a Member, and Prescribes the Steps which should have been Taken. 18. The Decision finds Error in the Judicatories below:-A Presbytery may not unduly Direct and Control a Session. Synod may not Refuse an Appeal from a Party IV. THE DECISION MAY REMIT THE CASE to the LowER JUDICATORY. 19. It may Remand the Case for Reconsideration. 20. Judgment Reversed, and the Case Re- mitted on Grounds Stated. 21. Referred back to the Judicatory below, with In- structions, a, b. 22. The Decision details the Irregularities of the Judicatories below, a, b, c, d. 23. And Remits the Case with Instructions, a, b, c. 24. Unconsti- tutional Acts Detailed. The Case Remitted. 25. Referred back by Consent of Parties. 26. Referred back on Account of Irregularities. 27. Discretion of a Judi- catory is not Subject to Review. 28. Remitted on the Recommendation of a Judi- cial Commission, a, b, c. 29. In Passing Judgment a Case already Settled may not be Opened. 30. The Decision Sustains the Lower Judicatory; but one Restored by Judicial Action can be Deprived of Office again only by New Trial and Conviction. 31. The Decision Reverses all the Judicatories below, and Restores the Appellant. 32. The Decision Declares and Decides the Several Issues Involved. 33. The De- C. When the Judgment directs Admonition or Rebuke, Notice of Appeal shall Suspend all further Proceedings; but in other Cases the Judgment shall be in Full Force until the Appeal is Decided. 1. An Appeal Arrests all further Proceedings until it be Issued. 2. Suspension is Continued until the Issue of the Appeal, which must be at the next Meeting of the Judicatory above. 3. An Appeal against certain Action does not Debar the Judicatory from Acting upon the continued Disturbed State of a Church. 4. Where a Session is Dissolved, an Appeal Continues the Rights of the Elders as to the Higher Judicatories until it is Issued..... CI. The Judicatory Appealed from must Send up Records and Papers. Failing to do so, it |