Utica, Geneva and Genesee to be no longer integral parts of the Presbyterian Church in the United States, the following was adopted, viz.:]

b. Dr. Cuyler, from the Committee appointed to consider and report to the Assembly on the subject of citing inferior judicatories, presented a report, which was amended and adopted, and is as follows, viz.:

The Committee believe, that, for the present, there is no urgent necessity to cite any inferior judicatories; and after what has been done toward the reform of the Church during the present sessions of the General Assembly, they believe it will be best to wait for a time, without further decisive action, in the hope that those portions of the Church against which serious charges are still made by common fame, will see the necessity of taking order on the subject, and doing, without delay, what truth and righteousness may require of them.

We deem it proper, however, to say, that several of the Synods are so seriously charged, in several respects, that this Assembly would be wanting in faithfulness to itself, to them, and to the cause of Christ, as well as to the principles of justice and fair dealing, in carrying out its own principles, if it did not specially urge several of them to give prompt and par ticular attention to certain matters, in which they, or some of their Presbyteries or churches, are specially charged. We, therefore, recommend the adoption of the following resolutions, viz.:

1. Resolved, That the Synods of Albany and New Jersey be enjoined to take special order in regard to the subject of irregularities in church order, charged by common fame upon some of their Presbyteries and churches.

2. That the Synod of Michigan be enjoined to take special order in regard to the subject of errors in doctrine, so charged upon all its Presbyteries.

3. That the Synod of Cincinnati be enjoined to take special order in regard to error in doctrine, so charged as being connived at by several of its Presbyteries, and held by some of its members.

4. That the Synod of Illinois be enjoined to take special order in regard to errors in church order and errors in doctrine, so charged upon several of its Presbyteries.

5. That besides the general reference to the word of God and our standards, we refer the Synods above named to the testimony of this General Assembly, as to the nature of the errors and irregularities intended by it, in these resolutions. And said Synods are enjoined to take order on the subjects now referred to them for consideration and action, at their first stated meeting after this Assembly adjourns; and to report their doings herein, with whatever else seems to them necessary to elucidate the whole subject, in writing, to the next General Assembly.

6. And the said five Synods are especially enjoined, and all other Synods in our bounds are required, to cause to be laid before the next General Assembly, as far as possible, copies of all the abbreviated creeds and church covenants in use among their churches; which subject is also particularly commended to all our Presbyteries, both in relation to the present demand, and with reference to the testimony of this Assembly on that subject.-1837, p. 496.

SECTION II.-OF REFERENCES.

LXXVII. A reference is a representation in writing, made by an inferior to a superior judicatory, of a judicial case not yet decided. Generally, however, it is more conducive to the public good that each

judicatory should fulfill its duty by exercising its own judgment. [VII. ii. 1, 5.]

Reference is Voluntary.

Appeal of Mr. M. J. Browning from a decision of the Synod of Geneva, sustained, inter alia,

Because reference is by a lower to a superior court, and is voluntary, and not subject to the order of a higher court.-Adopted 1878, p. 34. [See Form of Government (Appendix), chap. x., sec. viii., complaint of Sewickly church, treated as a reference.-M.]

LXXVIII. Cases which are new, important, difficult, or of peculiar delicacy, the decision of which may establish principles or precedents of extensive influence, on which the inferior judicatory is greatly divided, or on which for any reason it is desirable that a superior judicatory should first decide, are proper subjects of reference. [VII. ii. 2.]

1. References have been Entertained, e. g.

a. The Synod of the Carolinas referred to the Assembly the case of Rev. Hezekiah Balch, charged with error in doctrine.-1798, p. 151.

b. The Presbytery of Philadelphia on the propriety of their ordaining to the work of the gospel ministry a licentiate under their care who now holds the office of a chaplain in the navy of the United States. See Form of Government, chap. xv., sec. xv.-1826, p. 171.

c. The Presbytery of Cayuga relative to the constitutionality of a rule of that body. See Form of Government, chap. x., sec. viii.-1830, p. 284. d. The Synod of Philadelphia in relation to the right of Presbyteries to require every minister or licentiate, coming to them by certificate from another Presbytery or other ecclesiastical body, to submit to an examination before he be received.-1832, p. 355.

e. A reference from the Presbytery of West Tennessee, requesting an answer to the two following questions-viz.: "1. What are the nature and duties of the office of deacons ? 2. What is the scriptural and appropriate mode of ordination ?"—was taken up, and after some discussion committed to Mr. Beach, Mr. Vail, and Mr. Hoyt.-1833, p. 393.

2. When the Review of a Decision, without New Testimony, is Desirable, the Case should be Referred to the next Higher Judicatory.

f. The Committee to whom was referred Overture No. 2 made a report, which was read and adopted, and is as follows, viz. :

The Committee appointed to consider and report on Overture No. 2, which is in the following words: "Is it lawful and consistent with the order of our Church for a church court to reconsider and set aside its own decision in a case of discipline, after a lapse of five or six years from the time the decision was made, after the court has so changed, that many of its members were not members at the time of the decision, and when no new testimony is proposed?" beg leave to report that, in their opinion, the proper answer to this overture will be found included in the following principles, viz.:

1. Our Book of Discipline (Old), chap. ix., sec. 1, provides that if, after a trial before any judicatory, new testimony be discovered, which is supposed to be highly important to the exculpation of the ac

cused, it is proper for him to ask, and for the judicatory to grant, a new trial.

2. It is very conceivable that after the lapse of five or six years the sentence of an ecclesiastical court, which was originally considered as just and wise, although no new testimony, strictly speaking, has appeared, may in the view of the church appear under an aspect equivalent to new testimony, and calling for reconsideration; yet,

3. Inasmuch as the frequent reconsideration of cases adjudged by the inferior judicatories, without the appearance of new testimony, admits of great and mischievous abuse, and might lead to an endless recurrence of reviews and reversals of former decisions, in the absence of a majority of the court pronouncing the same; it is evidently more regular, safe and for edification, when a review of a decision, without the disclosure of new testimony, is thought desirable, to refer the case to the next higher judicatory.-1833, p. 405.

LXXIX. References are, either for mere advice, preparatory to a decision by the inferior judicatory, or for ultimate trial and decision by the superior; and are to be carried to the next higher judicatory. If for advice, the reference only suspends the decision of the inferior judicatory; if for trial, it submits the whole case to the final judgment of the superior. [VII. ii. 3, 8, 4.]

1. References: Disposal of Them

a. A reference from the Presbytery of Chenango asking advice in the case of Rev. Edward Andrews, a member of that body, who has recently withdrawn and received episcopal ordination, was taken up. See Form of Government, chap. x., sec. viii.—1828, p. 239.

See also 1832, p. 363.

b. The permanent clerk announced to the Assembly that there had been put into his hands a reference from the Presbytery of Philadelphia of the whole case of the Rev. Albert Barnes before that body. This case was referred to the Judicial Committee.-1831, p. 321.

[Against the reference above a complaint was entered, as also a complaint against the action of the Presbytery in the case. After the whole proceedings of the Presbytery had been read, and the sermon entitled The Way of Salvation] the parties then agreed to submit the case to the Assembly without argument, when it was resolved to refer the whole case to a select Committee. Dr. Miller, Dr Matthews, Dr. Lansing, Dr. Fisk, Dr. Spring, Dr. J. McDowell, Mr. Bacon, Mr. Ross, Mr. E. White, Mr. Jessup and Mr. Napier were appointed this Committee.— 1831, p. 325.

Subsequently, the Committee to whom was referred the whole case in relation to the Rev. Albert Barnes, made a report, which being read was adopted, and is as follows, viz. :

That after bestowing upon the case the most deliberate and serious consideration, the Committee are of the opinion that it is neither necessary, nor for edification, to go into the discussion of all the various and minute details which are comprehended in the documents relating to this case. For the purpose, however, of bringing the matter in controversy, as far as possible, to a regular and satisfactory issue, they would recommend to the Assembly the adoption of the following resolutions, viz.:

Resolved, 1, That the General Assembly, while it appreciates the conscientious zeal for the purity of the Church, by which the Presbytery of Philadelphia is believed to have been actuated in its proceedings in the case of Mr. Barnes; and while it judges that the sermon by Mr. Barnes, entitled "The Way of Salvation," contains a number of unguarded and objec tionable passages, yet is of opinion that, especially after the explanations which were given by him of those passages, the Presbytery ought to have suffered the whole to pass without further notice.

Resolved, 2. That in the judgment of this Assembly, the Presbytery of Philadelphia ought to suspend all further proceedings in the case of Mr. Barnes.

Resolved, 3. That it will be expedient, as soon as the regular steps can be taken, to divide the Presbytery in such way as will be best calculated to promote the peace of the ministers and churches belonging to the Presbytery.

With respect to the abstract points proposed to the Assembly for their decision in the Reference of the Presbytery, the Committee are of the opinion that if they be answered they had better be discussed and decided in thesi separate from the case of Mr. Barnes.

The Judicial Committee reported that the other complaints and the reference in relation to the case of Mr. Barnes, they considered as merged in the report just adopted. This report was accepted.

The Assembly having finished the business in relation to Mr. Barnes, united in special prayer, returning thanks to God for the harmonious result to which they have come; and imploring the blessing of God on their decision.-1831, p. 329.

[See also under Form of Government, anté, p. 161, 42, 1, b, and p. 218, v. 1.]

2. When Reference has been Made, the Judicatory Referring can Regain Jurisdiction only by the Action of the Superior Judicatory.

In the case of the appeal of James W. Hamilton against the Synod of Sandusky (1863, p. 36, O. S.) the following report was made by the Judicial Committee:

"When this case was first before the Session, the Session being composed of the moderator and one ruling elder, the moderator, as appears from the minutes, waived his right to sit in judgment on the case;' but an order was then made that the Session then proceed to take the testimony in the case, and submit the same to the Presbytery at its next meeting."

The testimony having been taken, the whole case, charges and evidence were then accordingly submitted and referred to the Presbytery. The action of the Presbytery was to the effect "that the case be not issued before Presbytery.' But the Presbytery directed that "the accused be admonished to give none occasion for evil to be spoken of his character; to look more carefully to his conduct, and walk more uprightly, as becometh the gospel;" and recommended the minister of the church to read said action before the congregation; which duty was performed on the 25th day of August, 1861.

After this, on the 7th day of September following, the Session, without notice to the accused, and without giving him an opportunity to be heard, proceeded to give judgment on the charges and evidence as originally before the Session and Presbytery.

The case, having been submitted to Presbytery, passed from the possession and proper jurisdiction of the Session, and Presbytery alone could again give the Session such jurisdiction, by reference back to the Session.

This was not done. Even if the case had been in some proper way referred back by Presbytery to the Session the accused was entitled to notice of any further proceedings before the Session, and especially so of any new matter of accusation.

The Presbytery, although, in terms, they did not "issue the case," did substantially make a decision, and by that decision subjected the accused to a mortifying public admonition, which was carried into effect, as directed by the Presbytery.

The Session, in afterwards giving judgment on the charges, in effect subjected the accused a second time to discipline on the same charges. This is not allowable. If the accused, since he was publicly admonished, as directed by the Presbytery, has been guilty of offences, or disorderly conduct, he should be tried for the same on proper charges and notice.

Resolved, That for the informalities and errors above mentioned, the appeal be and is hereby sustained, and all proceedings in the case, by the Session, Presbytery and Synod, since the admonition before the congregation, on the 25th of August, 1861, are hereby annulled and set aside.

MS. endorsement on Records of Synod of Sandusky, 1863. Minutes, 1863, p. 36, O. S.

3. Reference must be Carried to the next Higher Judicatory. [Under the former Book reference was allowed from the lower courts to the Assembly. See Digest, p. 546; this sec. lxxix. forbids.-M.]

LXXX. In cases of reference, members of the inferior judicatory may sit, deliberate, and vote. [VII. ii. 7.]

LXXXI. A judicatory is not necessarily bound to give a final judgment in a case of reference, but may remit the whole case, either with or without advice, to the inferior judicatory. [VII. ii. 6.]

The Committee appointed to draw a minute on the subject of the memorial from the Session of the First Church in Genoa, reported the following, which was adopted-viz.:

Resolved, That the church of Genoa be referred to the minute of the Assembly formed in the case of David Price in the year 1825; from which it will appear that, in the judgment of the Assembly, "an admonition" was "deserved by the said Price, in consequence of his unchristian conduct. And it is the judgment of this Assembly that the Session ought immediately to have administered such admonition; that they ought still to administer it; and that if the said Price refuse to submit to such admonition, or do not thereupon manifest repentance and Christian temper, to the satisfaction of the church, he ought not to be received into the communion of that or any other Presbyterian church.-1827, p. 202.

LXXXII. The whole record of proceedings shall be promptly transmitted to the superior judicatory, and, if the reference is accepted, the parties shall be heard. [VII. ii. 9.]

1. Testimony Attested by the Moderator and Clerk Sufficient. The following question, signed by William C. Davis, "Whether testimony taken before a Session, and sent up to the Presbytery under the sig nature of moderator and clerk, will not be sufficient in references as well as appeals to render the case thus referred both orderly and cognizable by Presbytery," was answered in the affirmative.-1797, p. 128.