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but in such case the appeal must be made by the Judicatory as such when regularly convened, and not by any individuals belonging to it. Every individual appealing, is bound to give his appeal, with the reasons thereof, in writing, to the Judicatory appealed from, or to the President thereof, at the most in ten days after notice of his intention; which notice is to be given at the time when he conceives himself aggrieved; and on default his appeal falls.

The appeal of a Consistory or Classis may be made after the session of the Judicatory at which the decision appealed from was given, but it must be made known and the reasons of it stated in writing to the President, a reasonable length of time before the next meeting of the higher Judicatory to which the appeal is made.

If the appellant give notice and satisfactory reasons to the President of the Judicatory to which the appeal is made that he cannot attend at their next stated meeting, his appeal shall lie over to their next following stated meeting; but if no such notice and reason be given, and he does not appear to prosecute his appeal, it shall be considered as relinquished.

It shall be the duty of the several lower ecclesiastical assemblies, from whose acts, proceedings, or decisions any appeal is made, to transmit a certified copy of the act, proceeding, or decision so appealed from, signed by the President, and countersigned by the Clerk, together with the appeal and reasons accompanying the same to the assembly appealed to at the next regular meeting thereof. [1874, 109-114.]

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SEC. 8. No member of an ecclesiastical assembly shall be allowed to protest against any of its acts; any member who dissents from any such acts, shall have a right to require the names of all the members present, who vote for or against the same, to be entered in the minutes, and published therewith for the information of all concerned.

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SEC. 9. In order to prevent vexation and delay in the judicial proceedings of any ecclesiastical assembly by means of successive appeals in the progress of any trial or investigation, the party who may consider himself aggrieved by any decision, upon any incidental question which may arise before a final pentence is pronounced, may state his objections to such decision, and require to have the same noted in the minutes of the proceedings, to the end that he may avail himself thereof on an appeal from the final sentence, without arresting the progress of such investigation or trial. And in such cases every decision objected to, as well

1874

41

SEC. 7. No member of an Ecclesiastical Assembly shall be allowed to protest against any of its acts; any member who dissents from any such acts shall have a right to require the names of all the members present who vote for or against the same, to be entered in the minutes, and published therewith for the information of all concerned. [1833, 93.]

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as the objections, shall be distinctly stated in the minutes of such assembly, and sent up with the appeal to the appellate Judicatory for review. [1874, 117.]

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SEC. 10. Individuals who have voted in a lower court upon a case which is carried up by appeal, shall not be at liberty to vote upon the trial of the appeal in the higher courts. [1874, 118.]

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SEC. 11. In any decision or adjudication of an ecclesiastical court which the minority, or any member of the minority may regard as injuriously affecting the interests of truth, or of vital godliness, may present the same to the Classis, Particular or General Synod, by way of complaint, for their examination and supervision. [1874, 119.]

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SEC. 12. This complaint, if entertained, brings the whole proceedings in the case under the review of the superior Judicatory. [1874, 120.]

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SEC. 13. No person shall be admitted to a seat in any of our ecclesiastical assemblies as an advisory member.

ARTICLE II.

Of Consistories.

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SEC. 1. The Elders and Deacons, together with the Minister or Ministers, if any, shall form a Consistory, and the Minister shall preside at all consistorial meetings; but in the absence of a Minister, the Consistory may appoint one of the Elders to be their president pro tem., and it shall be competent for the several Consistories to prescribe the mode and time of calling their meetings. If there be a plurality of Ministers, they shall preside in rotation.

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SEC. 2. The Elders, with the ministers of the word, constitute what in the origi. nal Article of Church Government is properly called the Consistory. But as the Deacons have always in America, where the congregations were at first very small, (See Synod Dord. Art. 38,) been joined with the Elders; and wherever charters have been obtained are particularly named, as forming with them one Consistory, it is necessary to define their joint as well as respective powers. From the form of their ordination, it is evident, that to the Elders, together with the Ministers of the word, is committed the spiritual government of the church; while to the Deacons belong the obtaining charitable assistance, and the distri bution of the same, in the most effectual manner for the relief and comfort of the poor.

1874

ARTICLE VI.

OF CONSISTORIES. 42

SEC. 1. The Elders and Deacons, together with the Minister or Ministers, if any, shall form a Consistory, and the Minister shall preside at all consistorial meetings; but, in the absence of a Minister, the Consistory may appoint one of the Elders to be their President pro tem., and it shall be competent for the several Consistories to prescribe the mode and time of calling their meetings. If there be a plurality of Ministers, they shall preside in rotation.

ARTICLES OF DORT, 1619.

ARTICLE XXXVIII.

No new Consistory shall be constituted in any particular place, without the previous advice and concurrence of the Classis; and where the number of Elders is too small, the Deacons may be admitted as members of the Consistory.

ARTICLE XXXIX.

In places where a Consistory hath not yet been formed, the duties otherwise imposed by this constitution upon the Consistory, shall in the meanwhile, be performed by the Classis.

ARTICLE XL.

The Deacons shall likewise meet together every week, in order to transact the business relating to their office; and shall open, and close their meeting with prayer. The Minister shall carefully inspect their proceedings; and, if necessary, attend in person.

EXPLANATORY ARTICLES, 1792.

ARTICLE XXXV.

A neighbouring Minister (if there is none belonging to the Consistory) must be invited to superintend the proceedings, whenever a Consistory is desirous of making a call. The instrument is to be signed by all the members of the Consistory, or by the president, in the name of the Consistory; and if the church is incorporated, it is proper to affix the seal of the corporation. When the call is completed, it must be laid by the Consistory before the Classis, and be approved by the same, before it can be presented to the person called.* And if the call be accepted, the approbation of the people must be formally obtained by the Consistory (agreeably to Art. iv. of the Church Orders) before the Minister may be ordained. [1619, 4.]

*In the United States of America, where civil and religious liberty are fully enjoyed, and where no ecclesiastical establishments can be formed by civil authority; the approbation of magistrates in the calling of Ministers, is not required or permitted. It was therefore judged proper in the translation of the Church Orders, to omit every paragraph which referred to any power of the magistrate, in ecclesiastical affairs, as a matter merely local, and peculiar to the European establishments.