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lic worship on account of disagreement with his pastor. The papers were read in order, the regular process prescribed in the book was observed, and the Assembly voted unanimously that the action of the inferior courts be sustained and confirmed.-1854, p. 44, O. S.

e. Discipline Enjoined for Willful Absence.

Is it consistent with regular standing in our Church for church members to be supporters and attendants in other churches not of our communion while absenting themselves from and refusing to support the church to which they belong?

The Committee recommend that the question be answered in the negative, with an injunction on church sessions to make such cases a matter of discipline. Adopted.-1865, p. 537, O. S.

f. But may not be without Trial.

The same Committee further reported Overture No. 4, as follows: "Is it within the province of the session to excommunicate without formal trial a church member who makes a written confession of having embraced heretical views, and in consequence having violated covenant by long continued absence from the ordinances of the church, and who requests to be cut off from the church?" The Committee recommend that the party asking the above question be referred to the Book of Discipline, chap. iv., and such session be urged to follow strictly the order laid down therein. The report was adopted.-1865, p. 12, N. S.

13. Deliverance on Marriage, Divorce and Infanticide. Overture No. 44, relating to unscriptural views of marriage, divorce and infanticide. The Committee recommends the following, which was adopted:

The Committee on Bills and Overtures, to which was referred the paper relating to divorce and infanticide, begs leave to report that it recommends the adoption of the following:

That it is with great pain we are constrained to admit the increasing prevalence in many parts of our country of unscriptural views of the marriage relation, in consequence of which the obligations of that relation are disregarded by many, and separations of husband and wife and divorces for slight and unwarrantable reasons are becoming more frequent every year. Nor can we shut our eyes to the fact that the horrible crime of infanticide, especially in the form of destruction by parents of their own offspring before birth, also prevails to an alarming extent. The evils which these errors and crimes have already brought upon our country, and the worse evils which they threaten in the near future, make it imperative, as we believe, that the whole power of the ministry and Church of Jesus Christ should be put forth in maintenance of the truth and of virtue in regard to these things. Many causes have operated to produce a corruption of the public morals so deplorable, prominent among which may be mentioned the facility with which divorces may be obtained in some of the States, the constant promulgation of false ideas of marriage and its duties by means of books, lectures, etc., and the distribution through the mails of impure publications. But an influence not less powerful than any of these is the growing devotion to fashion and luxury of this age, and the idea which practically obtains to so great an extent that pleasure, instead of the glory of God and the enjoyment of his favor, is the great object of life.

It is, therefore, the duty of the Church of Christ to oppose in every practicable way these and all other corrupting agencies and tendencies, and we especially urge upon all ministers of the gospel the duty of giving instruction to the people of their respective charges as to the scriptural doctrine concerning the marriage relation. We warn them against joining in wedlock any who may have been divorced upon other than scriptural grounds. We also enjoin upon church sessions the exercise of due discipline in the cases of those members who may be guilty of violating the law of Christ in this particular.

This Assembly regards the destruction by parents of their own offspring before birth with abhorrence, as a crime against God and against nature; and as the frequency of such murders can no longer be concealed, we hereby warn those that are guilty of this crime that, except they repent, they cannot inherit eternal life. We also exhort those who have been called to preach the gospel, and all who love purity and the truth, and who would avert the just judgments of almighty God from the nation, that they be no longer silent or tolerant of these things, but that they endeavor by all proper means to stay the floods of impurity and cruelty.

We call upon all to remember that marriage is honorable not only in itself, but in its ends. Therefore all who seek to avoid the responsibilities and cares connected with the bringing up of children not only deprive themselves of one of the greatest blessings of life, and fly in the face of God's decrees, but do violence to their own natures, and will be found out of their sins even in this world.-1869, p. 937, O. S.

IV. Nothing, therefore, ought to be considered by any judicatory as an offence, or admitted as matter of accusation, which cannot be proved to be such from Scripture, or from the regulations and practice of the Church, founded on Scripture; and which does not involve those evils which discipline is intended to prevent.

a. New Terms of Communion will not be Sanctioned.

On the question whether the manufacturer, vender or retailer of intoxicating drinks should be continued in the full communion of the Church. The Committee recommend the following resolution, viz.: "That whilst the Assembly rejoice in the success of the temperance reformation, and will use all lawful means to promote it, they cannot sanction the adoption of any new terms of communion."

Which was adopted.-1842, p. 16, O. S.

b. Each Case must be Judged of by its own Circumstances.

Resolved, That the records of the Synod of Pittsburg be approved, except so far as they seem to establish a general rule in regard to the use and sale of ardent spirits as a beverage, which use and sale are generally to be decidedly disapproved; but each case must be decided in view of all the attendant circumstances that go to modify and give character to the same.-1843, p. 189, O. S.

V. The exercise of discipline, in such a manner as to edify the Church, requires not only much of the spirit of piety, but also much prudence and discretion. It becomes the rulers of the Church, therefore, to take into view all the circumstances which may give a different character to conduct, and render it more or less offensive; and

which may, of course, require a very different mode of proceeding in similar cases, at different times, for the attainment of the same end.

1. The Censure must be Proportionate to the Offence.

a. It being the order of the day, the Assembly proceeded to consider the appeal of Mr. Jabez Spicer from the decision of the Synod of Geneva, by which Mr. Spicer had been deposed from the gospel ministry. The documents on the subject were read, and the parties were heard. After a considerable discussion, the following resolution was adopted, viz.:

Resolved, That the appeal of Mr. Spicer be sustained, on the ground that the sentence pronounced upon him was disproportioned to his crime, it not appearing substantiated that he was guilty of more than a single act of prevarication; while, therefore, the Assembly express their entire disapprobation of the conduct of Mr. Spicer, as unbecoming a Christian and Christian minister, they reverse the sentence of deposition passed upon him by the Presbytery, and direct that after suitable admonitions and acknowledgments he be restored to the ministerial office.-1821, p. 24.

b. The discussion left unfinished yesterday afternoon was resumed, viz.: of the motion to reverse a decision of the Presbytery of Lexington, by which decision Mr. George Bourne was deposed from the gospel ministry. This motion, after it had been amended and fully discussed, was determined in the affirmative, and is as follows, viz.:

The Assembly judge that the charges in the case of Mr. Bourne were not fully substantiated, and that, if they had been, the sentence was too severe. Therefore,

Resolved, That the sentence of the Presbytery of Lexington, deposing Mr. Bourne, be reversed, and it is hereby reversed, and that the Presbytery commence the trial anew.-1817, p. 646.

c. The Assembly sustain the appeal of David Price from the decision of the Synod of Geneva, on the ground that the charge of intoxication was not sufficiently supported by the testimony; although it does appear, principally from his own confession, that he had made an unbecoming use of ardent spirits, and that an admonition was, in the view of the Assembly, deserved, and would have been sufficient.-1825, p. 155.

d. Resolved, That the decision of the Synod of Cincinnati, reversing the action of the Presbytery and session, upon the second charge, be sustained in part on the ground that the suspension of the parties accused was too severe in the case, and that the session be recommended to revoke the suspension and admonish the parties.-1865, p. 550, O. S.

[See also under chap. vii., sec. iii., sub-sec. x., 4.]

2. Great Tenderness Enjoined.

Whereas, It has appeared on the trial of judicial cases 1 and 2 (see Book of Discipline, chap. i., sec. iii., 12, a) that full testimony was given, as well in this court as in the trial in the courts below, to the exemplary Christian character of the appellants in these cases respectively; and

Whereas, The offence which has subjected said appellants to the discipline of the Church has arisen from a conscience misled by erroneous views of their duty; therefore,

Resolved, That it be recommended to the session of the Church of Caledonia to deal with these brethren with the utmost tenderness and Christian affection, that they may be led to see their errors and return to their duty, and that they may be restored to the fellowship of the Church, from which they have been too long separated.-1859, p. 548, O. S.

VI. All baptized persons are members of the church, are under its care, and subject to its government and discipline: and when they have arrived at the years of discretion, they are bound to perform all the duties of church members.

[See in full under Directory of Worship, chap. ix., sec. i., Of the admission of persons to sealing ordinances.]

VII. Offences are either private or public; to each of which appropriate modes of proceeding belong.

CHAPTER II.

OF PRIVATE OFFENCES.

I. PRIVATE offences are such as are known only to an individual, or, at most, to a very few.

II. Private offences ought not to be immediately prosecuted before a church judicatory, because the objects of discipline may be quite as well, and, in many cases, much better attained, by a different course; and because a public prosecution, in such circumstances, would tend unnecessarily to spread the knowledge of offences, to exasperate and harden offenders, to extend angry and vexatious litigation, and thus to render the discipline of the church more injurious than the original offence.

III. No complaint or information on the subject of personal and private injuries, shall be admitted, unless those means of reconciliation, and of privately reclaiming the offender, have been used, which are required by Christ, Matt. xviii. 15, 16. And in case of offences, which, though not personal, are private-that is, known only to one, or a very few, it is proper to take the same steps, as far as circumstances admit.

1. No Testimony may be Introduced Injurious to Parties not on Trial.

An overture on a case of discipline was taken up, and is as follows: Suppose a member of the church is on trial, and his accuser is "Common Fame." One specification against him is, "Speaking evil of his brethren A and B, while he neglects to take any gospel steps to bring them to repentance or to trial."

The specification is abundantly sustained by testimony, but the person on trial proposes to introduce testimony to prove that the reports which he circulated, and the opinions which he pronounced derogatory to the brethren named, were true. Has the accused a right to introduce such tes

timony tending to injure the character of parties not on trial, nor connected at all with the prosecution, and having no opportunity for defence?

Would the session be authorized to reject such testimony, on the ground that if introduced it would not exculpate the accused, inasmuch as he had no right to circulate evil reports against his brethren, whether true or false, while neglecting to bring them to trial?

To this the following answer was given:

The person on trial under charges tabled on the ground of "Common Fame" has no right to introduce testimony which inculpates his brethren who are not on trial, and who have no opportunity to defend themselves, because it was his previous duty to take proper steps, if the persons were guilty of the evils which he had alleged against them, to bring them to repentance or free the church from the scandal.-1852, p. 177, N. S.

IV. Those who bring information of private and personal injuries before judicatories, without having taken these previous steps, shall themselves be censured, as guilty of an offence against the peace and order of the church.

V. If any person shall spread the knowledge of an offence, unless so far as shall be unavoidable, in prosecuting it before the proper judicatory, or in the due performance of some other indispensable duty, he shall be liable to censure as a slanderer of his brethren.

a. The Committee to which was referred the petition of certain individuals, members of the congregation in Tammany street, Baltimore, reported, and their report, being read and amended, was adopted, and is as follows, viz.:

That while it is unquestionably the privilege of individuals and members of the Presbyterian Church, when they think they see the peace, purity or prosperity of the Church in danger, either from an individual or from an inferior court, to apply to the General Assembly in an orderly manner for redress or direction, yet, in such cases, unless they mean to come forward as prosecutors with the necessary testimony, they should most carefully avoid mentioning names connected with charges of the most serious kind in support of which no evidence has been orderly adduced; nor have the individuals thus accused had an opportunity of replying to those charges, or of making any defence of themselves. The Assembly, therefore, cannot witness a procedure of this kind without expressing their disapprobation of it.--1824, p. 113.

b. Resolved, That the Assembly sustain the appeals of the session of the church of Bloomington and of Dr. Wylie against a decision of the Synod of Indiana, and the judgment of the Presbytery and session is hereby confirmed, on the ground that Mr. Harney circulated evil reports against Dr. Wylie without showing that he did it in the due performance of some indispensable duty; but it is the judgment of this Assembly that Mr. Harney shall still have the privilege, if he desire it, of commencing a prosecution against Dr. Wylie before the Presbytery of Vincennes; and in such case said Presbytery are hereby authorized and directed to hear the whole cause, and issue the same in a constitutional way.-1834, p. 443. [See under III., above.]

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