Year: 1879

putes about common lame, ana all qaes-


tions about who are the original parties,
those chronic troubles 10 almost every case
of Judicial process 1t sets forth so clearly
the principle that underlies Judicial process
that none can we'll fail to comprehend tt
And more important still, it rids the Church
of the error of throwing the protection of
the Christian commonwealth upon individ-
uals, and thereby making the trial Of offences
personal conflict between the prosecutor
and the accused and his friends 1t is no
doubt largely on account of this glariug er-
ror in our present Book that discipline in
the Church is becoming almost obsolete Nor
is it to be wondered at, that church sessions
should hesitate about encouraging persons to
prosecute offences, in view of the fact that
the prosecution is likely to engender personal
feuds in the Church, the end of which no one
can foresee. And, indeed, how shall it be
expected that q person in the Cspreh will
volunteer to assume the position. of prosecu-
tor, sd stheIeby SUBJECT himself s9 Tie o9 m Z
Of affecting to be more scrupulsu of con
science and more concerned for the name Of
the Church than his brethren. who seem to
consent to let the offence pass without no.
tice, rather than become involved in a per-
sonal quarrel?


Another great Improvement in the Revised
Book relates to the method Of appeals. I'm
der our present Book we have the strange
incongruity of carrying up the lower court
as party with the case itself to the higher
court, to be judged for having given cer-
tain decision. As DR.. Thornwell very aptly
puts it, The appellant appears not only to
represent the merits Of the case to which ne
was an original party, but to expose the de-
merits of the court that refused him justice.
He is at once suitor and prosecutor
Both issues are tried at the same time and SO
blended that they constitute but one appa-
rent case. i. To try at the same time the
question of individual right and the question
of the integrity of judge, is an outrage
upon common sense, and yet this is what the
Old Book does" Surely it is but right rea-
son and common sense that the purpose of
an appeal should be simply to transfer the
case-the identical case on which the lower
court decided, and that the higher court
should have before it precisely what the lower
court had--the same issue, the same testi-
mony, the same circumstances. II is owing
to this singular incoDgruity that We have in
almost every case which comes to the higher
courts, the never.failing dispute to begin
with, as to who are the parties before the
court, and the confusion and entanglementS
of side issues that renders it impossible to
have an intelligent final decision.


The provision of the Revised Book for
" Cases without process that is, not re-
curing the formalities of judicial process
has already been endorsed BY the Presby-
teries by the extraordinary vote of ffty-two
out of 63 Presbyteries, and therefore needs
no discussion here. 1t is worthy of note,
however, that this chapter "Of cases without
process contains the propositions 80 much
controverted in former times, that commu-
meant confessing an unregenerate heart, but
otherwise having been guilty Of no offence,
may, at the discretion of the Session, be
transferred to the list of non-communicants
also, that minister who may conclude that
be was mistaken, and that God has not called
him to the ministry, may be divested of his
office without censure. The large vote for
these propositions is one of great significance,
as showing how the diverse views Of the
Church have gradually come together, and
that therefore the adoption of the Revised
Book will leave no great questions of con-
troversy to be agitated among us.


OF the minor improvements in the Book
Of Discipline it is not important to speak
here. These are for the most part only the
necessary result in carrying out the impor-
tant changes already noticed. 1t is, however,
no unimportant change that has been effected
by the re-arrangement Of the whole, both in
the Form of Government and in the Book of
Discipline. In the constitutional rules, both
of government and discipline, the chief aim
should obviously be book of definitions,
forms, and rules, and these in the most com.
pressed form consistent with clearness. Our
Book of Government and Discipline should
be 80 arranged as to adapt it to the purposes
of a textbook for students in our Theologi-
cal Seminaries, SO that the professor may
connect his instructions in the doctrine and
order of the Church directly with the propo-
sitions Of the Book which is 70 become their
manual in all their future professional life.
Beyond doubt, the generally admitted def
cheney of our younger ministry in knowledge
Of the law which they ere called upon to ad-
minister comes from the ill-adaptedueSS of
our present Book as textbook of instruc-
tion. 1t will hardly be disputed that the
present Book of Government and Discipline
is sadly deficient in this respect, or on the
other hand, that the Revised Book ia eminent
in the excellence Of it's logical arrangement,
and It's direct and clear expression Of what
it meaus In short, as DR.. Halsey expresses
it, {" They have given to the ecclesiastical
standards precisely that clear.cut finish of
definition and that unmistakable intention as
! tn tie irnnort of tie lam uhich hnne 80 1istin-