with the rights of Mr. Smylie, without remanding it to either of the inferior courts, and without the Assembly's adjudicating on it, all the ends of justice would be gained, and the peace of the Church would be promoted. They therefore invited Mr. Smylie to a friendly interview, in which they expressed their opinion, and he stated his views. He did not concur with the Committee in regard to the probable consequences of the case being remanded to the Synod or the Presbytery; and stated that in prosecuting his complaint he was influenced by no personal feeling against Dr. Scott, but by a desire that truth might be sustained, justice done to all concerned, and the Constitution of our Church upheld; but if the Committee would, without his concurrence, assume the responsibility of recommending to the General Assembly to terminate the case without any further trial, and the Assembly should determine to adopt this as the wisest way of terminating it, he would submit, and feel that he had discharged a duty, which, while it was troublesome and painful, had put him to no inconsiderable expense.

It is due to the Rev. Mr. Smylie to say, that the Committee believe, that in prosecuting his complaint, he has been prompted by a sense of duty and a regard to the Constitution of our Church, and governed by what he deemed its purity and best interests required.

The Committee recommend to the Assembly the adoption of the following resolution:

Resolved, That in view of the representation of the case given in the above statement by the Judicial Committee, of the voluminous nature of the testimony, and of the difficulties attending the case, and believing that the interests of the Church will be best promoted by adopting the course recommended by the Committee, and being willing to assume the responsibility of acting accordingly, this General Assembly do hereby terminate this unhappy case without any further judicial trial.-1847, p. 385, O. S.

5. Matters Foreign to the Issue may by Consent be Omitted in the Reading.

a. Resolved, That in reading the minutes of Lexington Presbytery, the names of the voters in calling the yeas and nays be omitted, unless called for by one or other of the parties litigant; and that the proceedings of Presbytery, in reference to other matters foreign to the issue before us, be also omitted, unless called for specially by one of the parties.-1848, p. 30, O. S.

b. The Assembly then proceeded to take up the business, according to the recommendation of the Judicial Committee. After the usual admonition, read from the Book, to the members in their judicial capacity, the papers were read, according to the constitutional order; and after all the papers presented by the Committee had been read, a recess was taken for half an hour.

After the recess, George Howe moved that the whole records of the Presbytery in relation to the case now before the Assembly be read.

This motion was carried, and the minutes of the Presbytery of Elizabethtown were accordingly read, in everything pertaining to the case, until it was carried by appeal to Synod of New Jersey; the moderator deciding that any subsequent record should not be read.-1858, p. 291, O. S.

6. Documents not Read may be used in Pleading.-In a Case without an Individual Prosecutor, the Appellant the only Original Party.

In the appeal of Alexander Frazer, against the Synod of Buffalo, the course required in the Book for conducting appeals was then pursued; and at the third stage of the proceedings, a question having arisen as to the reading of certain printed pamphlets as a part of the evidence, it was Resolved, That in the judgment of the Assembly it is not necessary to read the pamphlets in extenso, but counsel can make such use of them as they see fit in the course of their argument.-1859, p. 542, O. S.

The original parties being called for, the moderator decided that the case having arisen without an individual prosecutor, there was but one original party before the court, who was now to be heard by A. G. Hall and J. Bliss, representing him.-1859, p. 543, O. S.

The moderator ruled that the fifth stage of the proceeding was to hear any member of the Synod of Buffalo, present as a commissioner. An appeal was taken from the decision of the moderator, but was not sustained. -lb.

7. Reasons Assigned by an Appellant must be Recorded.-They must be Couched in Decent and Respectful Language. Overture No. 6, from certain ministers and ruling elders, requesting the Assembly to decide whether the clause in the Book of Discipline (Old), chap. vii., sec. iii., sub-sec. viii., “and which are on record," requires that these reasons are to be spread on the book of the minutes of the court appealed from, or whether they may be considered as on record when simply on file. And if said clause requires the reasons to be spread on the minutes, whether the judicatory has authority to require that the reasons be couched in decent and respectful language, and contain no offensive reflections or insinuations against the judicatory, as in the case of dissent and protest.

Recommended that this Assembly decide, first, that the reasons must be spread on the minutes; second, that the question respecting the language be answered affirmatively.

The recommendation was adopted.-1862, p. 596, O. S

(2) The parties shall be heard, the appellant opening and closing. (3) Opportunity shall be given to the members of the judicatory appealed from to be heard.

(4) Opportunity shall be given to the members of the superior judicatory to be heard.

8. Case Remanded for New Trial because the Original Parties had not been Heard

Complaint and appeal of the Presbytery of Passaic against the Synod of New Jersey [not entertained as an appeal because not made by one of the original parties. See Discipline (Old), chap. vii., sec. iii., sub-sec. xvii.] continued as a complaint.

Resolved, That the case be returned to the Synod for a new trial, if new trial be required.

a

1. Because it appears from the record of the Synod that the original parties in the case were never heard by them, the original parties, in the judgment of the Assembly, being Mr. William B. Guild and the Committee prosecuting for common fame.

2. Because the reasons for the decision of the Synod were not recorded according to the requisition in chap. iv., sec. xxiii., Book of Discipline (Old).-1861, p. 344, O. S,

[See also under sec. xxiv., above.-1881, pp. 587, 588, and 1874, p. 74.]

9. Case Issued where no Person Appears on Behalf of the Respondent.

The Assembly took up the complaint of the minority of the Synod of Kentucky, against a decision of the majority of said Synod, in the case of Mr. Benedict H. Hobbs.

The decision complained of, the complaint and the proceedings of the several judicatories in the case were read. The complainants were then heard; no persons appeared on the part of the Synod.

After due consideration, the following resolution was adopted-viz.: That the complaint be, and it is hereby sustained, and the judgment of the Synod is reversed.-1831, p. 342.

(5) The vote shall then be separately taken, without debate, on each specification of error alleged, the question being taken in the form: "Shall the specification of error be sustained?"

10. The Final Vote must be Taken.

Inasmuch as the Synod of Indiana did not take an express vote on sustaining the appeal of Mr. Harne, and the sentence on record is vague and inconsistent with itself, that the whole case be remitted to the said Synod, with an injunction to them to reconsider the case, and pass a definite, precise and just sentence.-1837, p. 480.

11. It is taken Separately on each Charge.

The business left unfinished yesterday was resumed, viz., the trial of Mr. Bourne's appeal from the decision of the Presbytery of Lexington, by which Mr. Bourne was deposed from the gospel ministry, and the following resolution was again brought before the Assembly, and being amended, and fully discussed, was adopted, viz.:

Resolved, That the appeal of Mr. Bourne be dismissed, and that the decision of the Presbytery of Lexington, declaring him deposed from the gospel ministry be, and it is hereby confirmed, on the first, second, third, fifth and sixth charges.

The vote was taken separately on each of these charges, and was declared in the affirmative.-1818, p. 682.

[Many of the cases which follow come under the head of complaints, but the same rules apply in each case. See sec. lxxxvii.—M.]

I. THE DECISION MAY CONFIRM THAT OF THE LOWER JUDICATORY.

If no one of the specifications be sustained, and no error be found by the judicatory in the record, the judgment of the inferior judicatory shall be affirmed.

1. a. 1814, pp. 559, 560, Form of Government, chap. xv., sec. i., p. 403, anté.

b. 1868, p. 648, O. S., F. G., chap. xvii., pp. 420, 421, anté.

c. 1863, p. 36, O. S., F. G., chap. x., sec. viii., p. 172, anté; also 1864, O. S., pp. 327, 328, p. 174, anté.

d. 1872, pp. 15, 75, 80, F. G., chap. xiii., sec. ii., 13; a, b, c, anté, pp. 344, 345. e. 1859, p. 546, O. S., Book of Disc. (Old), chap. i., sec. iii., case of Alexander Fraser vs. the Synod of Buffalo; and b, case of Alexander Gordon vs. the same.-Digest, 1873, p. 567.

f. 1866, p. 74, O. S., Book of Disc. (Old), chap. v., sec. 5., case of Samuel Boyd. In this case it was held that the appellant, not having objected to alleged informalities at the time of trial, "had waived all informalities in the proceedings antecedent to trial."-Ib., p. 521.

g. The commission in the case of appeal of the Rev. L. R. Lockwood from the judgment of the Synod of Iowa, affirming the judgment of the Presbytery of Dubuque suspending the appellant from the gospel ministry, recommend that the appeal be not sustained, and that the judgment of the lower courts be affirmed.-1867, p. 347, O. S.

h. Appeal of the Rev. I. M. See vs. the Synod of New Jersey. Judgment of the Presbytery and Synod affirmed. See under Form of Government, chap. xii., sec. v., Appendix, pp. 525, 526.-1878, pp. 102, 103. Also appeal of the Rev. John Miller vs. the Synod of New Jersey. The General Assembly confirms the action of the Synod of New Jersey, which approves the resolution unanimously adopted by the Presbytery of New Brunswick, suspending him from the ministry of the Presbyterian Church. See Form of Government, chap. xii., sec. v., Appendix, pp. 524, 525.-1878, p. 98.

i. Appeal of Addison Bancroft and R. W. Stewart vs. The Synod of Philadelphia. Sustained the Synod.—1878, p. 41.

j. Appeal of Walter Bradshaw vs. The Synod of New York. Synod sustained.-1885, pp. 593, 594. For case, see Form of Government, Appendix, chap. ix., sec. vi., par. 17, b, p. 484.

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.

And, therefore, the Assembly do now order and direct that the appeal of the said Silas Miller be dismissed, and the decision of the Synod of Illinois be confirmed; and the Assembly further order and direct that, if the session of the church of Tuscola do not, within six months from the date hereof, refer the case to the Presbytery of Wabash for a new trial, in accordance with the decision of the Synod of Illinois, then the decision of the said Synod sustaining the appeal shall become absolute and final, and the said Silas Miller shall be thereupon restored to all the rights and privileges which he had and enjoyed as a member of the church of Tuscola, and from which he was suspended by the judgment and sentence of said church.-1867, p. 517, N. S.

[See under chap. viii., sec. lxix., above, case of appeal of Andrew Gwinn. -1823, p. 90. Decision confirmed because the new testimony offered "did not in any important respect change the aspect of his case.”—M.]

II. THE DECISION MAY REVERSE THAT OF THE LOWER JUDICATORY.

If one or more errors be found, the judicatory shall determine whether the judgment of the inferior judicatory shall be reversed or modified, or the case remanded for a new trial; and the judgment, accompanied by a recital of the error or errors found, shall be entered on the record. If the judicatory deem it wise, an explanatory minute may be adopted which shall be a part of the record of the case.

3. Reversed on Review of Testimony.

An appeal was taken by Mr. John Gordon from the decision of the Synod of Pittsburg. The Assembly having before them the evidence which had been before the Synod, and having fully heard the members of that Synod present in defence of their decision, it was, on motion, Resolved, That the decision of the Synod, in affirming the judgment of the Presbytery of Redstone, be reversed.

And it, therefore, was reversed.-1807, p. 386.

4. Reversed without Assigning a Reason for its Action. The consideration of the appeal of the Presbytery of Ohio from the decision of the Synod of Pittsburg, in the case of Mr. Gwinn, was resumed, and the parties were heard until they said they had nothing further to add.

The decision of the Synod of Pittsburg reversed a decision of the Presbytery of Ohio, by which decision the Presbytery had suspended the Rev. Andrew Gwinn, sine die, from the office of the gospel ministry.

A motion was made and seconded that the appeal of the Presbytery of Ohio be sustained, and the decision of the Synod in the case be reversed, which was determined in the affirmative.-1819, p. 709.

[See also 1821, p. 25. See Book of Discipline, sec. xcix., last clause.]

5. Reversed because of Disproportionate Censure.

[See Book of Discipline, chap. i., sec. ii., a, b, c, d, above.]

6. Reversal on the Ground of undue Severity does not Determine the Innocence of the Accused, nor Relieve him from other Process.

The appeal of T. F. Worrall against the Synod of Illinois. The usual charge was read by the moderator, and the Assembly proceeded with the case according to the order prescribed in the report of the Committee, which is as follows:

The Committee report as follows: This case originated before the Session of the church of Bloomington, on charges preferred against the appellant by the Session on "general rumor."

After an examination the session convicted him, and passed sentence excluding him from the communion of the Church.

An appeal was taken from this decision to the Presbytery of Bloomington, which refused to sustain the appeal. An appeal was taken from thence to the Synod, which refused also to sustain the appeal. From this decision of the Synod of Illinois this appeal is taken to the General Assembly. . . .

The final vote was 40 to sustain, 39 to sustain in part, and 5 not to sustain.

On motion, a Committee was appointed to bring in a minute, expressive of the judgment of the Assembly in the case.

Messrs. Hodge, J. D. Smith and H. K. Clark were appointed this Committee. They subsequently reported the following, which was adopted: Resolved, as the expression of the judgment of this Assembly, That the sentence of excommunication against T. F. Worrall, by the session of the church at Bloomington, Illinois, be reversed, as being unduly severe. The Assembly, however, do not intend by this decision to restore Dr. Worrall to the communion of the Church, from which he is now understood to be suspended, on other charges still under adjudication; nor do the Assembly intend to decide that he did not deserve censure for the improper language which is set forth in the charges against him.-1861, pp. 346, 347, O. S.