The committee recommended the following reply: The constituted right of appeal, "either from a part of the proceedings of a judicatory or from a definitive sentence," and the right of complaint "respecting a decision by an inferior judicatory," "either before its rising, or within ten days thereafter," cannot be in any way affected by the approval of the minutes of the judicatory, against the action of which the appeal or complaint may be taken.-Adopted 1879, p. 613.

5. Review and Control does not Extend to Statistical Items in Session Records.

Overture from the Presbytery of Chicago on the following points:

1. Does the right of "general review and control" extend to the statistical items of baptisms and administration of the Lord's Supper, inserted for record and convenient reference, in chronological order, between the minutes of actual proceedings?

6. Nor to the Agreement of the Action of Sessions with Presbyterial Rules for Sessions. Not Warranted by the Constitution.

2. Can the Presbytery pass rules for the conduct of church Sessions, and then take exception to the proceedings of church Sessions that are not according to said rules, when the rules are not prescribed by our Form of Government or Book of Discipline?

Your committee recommend that both these questions be answered in the negative.-Adopted 1883, p. 631.

LXXIII. Members of a judicatory, the records of which are under review, shall not be allowed to vote thereon. [New.]

Cases Cited.

a. A protest signed by a number of members of the Synod of Geneva, against a decision of that Synod, excluding the Presbytery of Geneva from voting on the question, Whether their own records should be attested by the moderator of the Synod, as approved. Your committee were, however, of opinion that the decision of the Synod was consonant to the prevalent usage of the judicatories of the Presbyterian Church, as well as to the usage of other analogous bodies in similar cases, and that it ought therefore to be approved.-Adopted 1816, p. 611.

b. The records of the Synod of Kentucky approved, except "that the members of the West Lexington Presbytery voted in approbation of their own proceedings, which is deemed to be irregular."-1821, p. 23.

c. The moderator and elder from the Session of Irish Grove claimed the right to vote on the disapproval of their records; which was refused by Presbytery. The Session complained. The Assembly inter alia decide

That the Presbytery of Sangamon acted correctly in not permitting the members of Irish Grove Session to vote for approving or disapproving their own records.-1851, p. 33, O. S.

[See in full, under chap. ix., sec. iii., sub-sec. xcix., Book of Discipline. —M.]

LXXIV. In most cases the superior judicatory may discharge its duty by simply placing on its own records, and on those under review, the censure which it may pass. But irregular proceedings may be found so disreputable and injurious, that the inferior judicatory must

be required to review and correct, or reverse them, and report, within a specified time, its obedience to the order; provided, however, that no judicial decision shall be reversed, unless regularly taken up by appeal or complaint. [VII. i. 3, 4.]

1. Exceptions must be Recorded by the Judicatory excepting. a. Overture from the Presbytery of Columbus, requesting the Assembly to direct the insertion, in the minutes of this Assembly, of the exceptions taken by the last Assembly to the records of the Synods of Cincinnati, Illinois Central, Indiana North, New Jersey, and Tennessee, as noted on p. 580, Minutes of 1877; and further, to direct the clerks hereafter carefully to observe the constitutional rules in this respect.

The committee recommend the following answer:

That while the Assembly does not deem it expedient to order the insertion of the exceptions taken to the records of the Synods in question the last year, it calls the particular attention of the recording clerks of the General Assembly to the duty of complying with the requirements of the Book of Discipline (Old), chap. vii., sec. i., sub-sec. 3.-Adopted 1878, p. 27.

b. The records of the Synod of Indiana approved, "except that on p. 342 the records of Greencastle Presbytery are reported as approved, with exceptions, while these exceptions are not spread on the minutes of the Synod, as required by the Book of Discipline (Old), chap. vii., sec. i., sub-sec. iii."-1857, p. 387, N. S.

c. Synod of Wheeling, p. 409. The exceptions to the records of New Lisbon Presbytery are not recorded, in violation of the Book of Discipline (Old), chap. vii., sec. 1, sub-sec. 3.-1859, p. 550, O. S.

d. The Synod of Illinois North, except the omission from record of the exceptions to the minutes of the Presbytery of Chicago, which, it is stated on p. 285, were adopted by the Synod. (See Moore's Digest, p. 538.)— Adopted 1881, p. 593.

2. Irregular and Injurious Proceedings Censured.

Exception to the records of the Synod of Onondaga. "On p. 186 we find the Synod administering censure to the Presbytery of Cayuga for an act of discipline toward one of its churches, on the ground that the reasons for such discipline were not given according to the requirements of our Book of Discipline, yet on the next page we find the said Synod reaffirming the acts of a church censured by its Presbytery, and reversing the decision of the Presbytery, without giving the required reasons for such a singular proceeding."-1863, p. 277, N. S.

[See also anté, p. 181, 1, b; p. 189, 1, a, b; p. 192, 2, 3.]

3. Judicial Decisions may not be Reversed on Review.

a. [In a case where the organization of a Presbytery was irregular, see above, Form of Government, chap. x., sec. ii. The Assembly inter alia declare-]

The Book of Discipline (Old), however, prescribes, chap. vii., sec. 1, sub-sec. 4, that "no judicial decision of a judicatory shall be reversed unless it be regularly brought up by appeal or complaint."

The trial of a minister under the circumstances proposed in the overture must be regarded as any other trial where there has been informality or irregularity in the citation or other preliminary stages of the process.

The trial, with the judgment based upon it, must be respected until the Synod, as the superior judicatory, shall judge how far the irregularity vitiates the proceedings and defeats the ends of justice, and shall annul or confirm the same.-1861, p. 457, N. S.

b. The Synod likewise seems to have erred in censuring as they did the committee of the Miami Presbytery, and in acting inconsistent with Constitutional Rules (Discipline, Old), chap. vii., sec. 1, sub-secs. 2 and 4, by virtually reversing a judicial decision, and this without citing the Presbytery to appear and answer, on the mere review of their records.-1857, p. 45, 0. S.

[See also under sec. LXXII., above, 1874, p. 86, and 1879, p. 613.]

LXXV. If a judicatory is, at any time, well advised of any unconstitutional proceedings of a lower judicatory, the latter shall be cited to appear, at a specified time and place, to produce the records, and to show what it has done in the matter in question; after which, if the charge is sustained, the whole matter shall be concluded by the judicatory itself, or be remitted to the lower judicatory, with directions as to its disposition. [VII. i. 5, largely amended.]

[See Form of Government, chap. xii., sec. v., and below, sec. LXXVI.] LXXVI. Judicatories may sometimes neglect to perform their duty, by which neglect heretical opinions or corrupt practices may be allowed to gain ground, or offenders of a gross character may be suffered to escape; or some part of their proceedings may have been omitted from the record, or not properly recorded. If, therefore, at any time, the superior judicatory is well advised of such neglects, omissions, or irregularities on the part of the inferior judicatory, it may require its records to be produced, and shall either proceed to examine and decide the whole matter, as completely as if proper record had been made; or it shall cite the lower judicatory, and proceed as in the next preceding section. [VII. i. 5, 6, largely amended.]

1. Citation of Judicatories on Review, or on Advice.

a. 1. Resolved, That the proper steps be now taken to cite to the bar of the next Assembly, such inferior judicatories as are charged by common fame with irregularities.

2. That a Special Committee be now appointed to ascertain what judicatories are thus charged by common fame; prepare charges and specifications against them; and to digest a suitable plan of procedure in the matter; and that said Committee be requested to report as soon as practicable.

3. That, as citation on the foregoing plan is the commencement of a process involving the right of membership in the Assembly; therefore,

Resolved, That agreeably to a principle laid down chap. v., sec. ix., of the Book of Discipline (Old), the members of said judicatories be excluded from a seat in the next Assembly, until their case shall be decided.-1837, p. 425.

[After the passage of the acts declaring the Synods of Western Reserve,

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 Presby

teries.

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.Ĵ

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. Form of Government, chap. xv., sec. xv.-1826, p. 171.

See

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