Digest for the Cumberland Presbyterian Church 
(This digest contains interpretations and advisories of General Assembly .  The entire document can be viewed on this page, or it can be accessed from the Constitution, Discipline, and Rules of Order by clicking the numbers of linkable sections.) 
Constitution


Organized Church Reaffirmed

1.2 ADVISORY, 1950.

Whereas, God has always chosen a corporate body through which to work in the world, first the nation Israel and then the church, the true Israel; and,

Whereas, The greatest accomplishments or the Christian religion in effectively mediating God's redemptive love to mankind and in creating a good society have been made through the instrument of an organized fellowship; and,

Whereas, we believe that the Cumberland Presbyterian Church has demonstrated to the world throughout its 140 years of service that it is an instrument of God under Divine providence; and,

Whereas, there are individuals and groups which live on the fruits of our denomination and other denominations, yet work and teach against denominations in insidious and in open ways, teaching that to support denominations is to practice sectarianism, and to use denominational literature and cooperate with denominational programs is wrong;

Therefore Be It Resolved:

1. That we reaffirm our belief that it is through the organized church that the manifold wisdom of God is revealed to the world, and that the Cumberland Presbyterian Church is our best channel for participating in the work of the kingdom;

2. That we warn our people through this instrument and in personal ways against these teachers and workers who work against the denominations but who live on the fruits of the organized church; and

3. That we impress upon the ruling elders of the church the importance of overseeing their flocks in this matter so that these teachers do not get into positions where they may thus undermine the spiritual lives of our people, 1950, p. 142.


Church as Organized Body Reaffirmed

1.2 ADVISORY, 1954.

...Whereas, we have experienced that groups and organizations which do not have a formal covenant which makes them an "organized body of Christians" lack the supervision and control which our Church regards as necessary to assure the proper conduct of the Body of Christ; and,

We memorialize the General Assembly of the Cumberland Presbyterian Church in session at Dyersburg, Tennessee, June 14,21, 1954,

1. That we again affirm our convictions in the correctness of the statements of our Confession of Faith and Constitution which place our approval upon a universal and a visible church, both under law.

2. That we instruct our people to seek every means to cooperate with those who "make profession of the holy religion of Christ and submission to his laws."

3. That we instruct our people to withhold their approval from any group which claims to be against the "organized body of Christians" or which claims to be non-denominational, and thus shows itself to be of a nature which will eventually result in opposition to the "organized body of Christians." 1954, p. 199.
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Incorporating a Particular Church

1.2 INTERPRETIVE, 1998.

    We concur in the permanent committee's non binding recommendation that congregations be incorporated.  We are grateful for the reports and guidelines on incorporating Cumberland Presbyterian churches which appear as Appendices A & B in their report to the General Assembly.  We note that these materials are available from the Stated Clerk's office. (Section I.E. of their report, 1998 G. A. Minutes, pp. 160, 163-165).  1998, p. 315


Absentee Membership of Armed Forces Personnel Designated

2.11 ADVISORY, 1977.

Recommendation 4: The General Assembly is requested to designate a specific congregation to receive absentee church memberships of persons who have had no previous ties with the Cumberland Presbyterian Church but who may desire to become a member of a local congregation through the ministry and influence of a Cumberland Presbyterian chaplain. 1977, p. 62.

Recommendation 2: In relation to number 4 above concerning "a specific congregation to receive absentee church memberships," we recommend that the Woodbine congregation in Nashville, Tennessee, be that church. 1977, p. 191.


Children and Holy Communion

2.13 ADVISORY, 1966.

In the light of all this evidence, the Committee is convinced that children of believing parents, whether baptized or not, should not partake of the Lord's Supper unless and until they make a personal profession of faith in Jesus Christ. It does not believe, however, that any particular type or form of confession should be required, but rather that the parents, the pastor, and the Session should be allowed to decide as to the faith of the child that would qualify it for partaking of the Supper. 1966, p. 141.


Session's Jurisdiction Over Elders and Deacons

2.21 INTERPRETIVE, 1887.

The memorial from Tulare Presbytery propounds the following question: "Has a Presbytery the power to depose a ruling elder?" In answer to this question your committee says, that, as a general rule, the session is the only Church court that has original jurisdiction to hear charges, try, and depose a ruling elder. But when, for any cause, a fair and impartial trial cannot be had before the session, or where the trial of the case, for sufficient reasons is referred by the session to the Presbytery, or where the case is removed by appeal from the session to the Presbytery, and is there heard and determined, the Presbytery may depose an elder, but not otherwise. 1887, p. 13.


Bounds of Particular Church Defined

2.25 INTERPRETIVE, 1952

The Constitution does not attempt to define the bounds of a congregation from a geographical standpoint. In the absence of such a definition. . . the Constitution should be interpreted to mean such territory or distance from the place of meeting of the session and/or Board of Deacons as will not render attendance upon the regular stated services of the congregations and of the meetings of the session or Board of Deacons either impractical or impossible. 1952, pp. 123, 152.


Ministers and Sessions to Notify Congregations to Which Members Move

2.25 ADVISORY, 1890, 1879, 1941.

Resolved, that as a means to avoid the frequent loss of membership to our Church by removal, we recommend that our ministers, upon the removal of any member from within their charge, shall immediately notify the pastor of the church at the point to which the member or members may remove, giving such information concerning the removing members as may be of interest. 1890, p. 29.

An evil which has grown up in many places in our Church is the failure of members moving out of one community into another to remove their membership. Therefore, we recommend that you ask your Presbyteries to instruct their ministers and sessions to give letters to their members removing into the bounds of another church and that they notify the pastor or session into whose community such members remove of this fact. 1879, p. 45.

We would recommend that pastors and clerks of sessions inform the pastors and clerks of other Cumberland Presbyterian churches of any and all Cumberland Presbyterians moving to communities within a radius of their church. 1941, p. 137.


Active Membership Defined

2.25 INTERPRETIVE, 1966, 1995.

From the theological point of view there can be only one designation of church membership. One either is or is not a member of the Church. When one is received into a particular church he remains a member thereof, irrespective of his relation to it, until he is removed from the roll either by death or proper ecclesiastical procedure. It is agreed, however, that certain classifications may be made for administrative purposes. We recommend that only two statistical tables of church members be carried in the Yearbook, namely, total membership and active membership, the latter being determined by the criteria already established by the Assembly. It is to be understood, however, that the various church courts may make other classifications for administrative purposes provided they do not conflict with those established by the Assembly. 1966, p. 126.

Be it resolved that Trinity Presbytery, in session with the Elmira Chapel congregation, memorializes the General Assembly to redefine an active member as one:

- who has been constitutionally received into membership in a congregation; and

- who has attended services of worship at least once each quarter; and

- who regularly contributes of her/his time, talent or substance during each quarter of the church year; or

- who, in the judgment of the session, though unable to attend services of worship, and/or contribute regularly of her/his time, talent or substance to the church, still maintains a faithful, prayerful and loving commitment to Jesus Christ and His church. 1995, p. 185.


Sessions to Review Church Roll Annually

2.25 ADVISORY, 1970

We recommend that the church session accept responsibility toward all the members of the church and that it review annually in a responsible manner the rolls of its church in the light of the above definition. 1970, p. 205.


Dropping Names from Church Rolls

2.25 INTERPRETIVE, 1882.

Your Committee on Judiciary. . . have had before them a memorial requesting you to "make a deliverance as to whether a congregation may drop from its roll absent or inefficient members," and also as to how a congregation without a church session should proceed to accomplish the same object.

Your Committee recommend that you reply:

1. That without grounds other than absence or inefficiency, a congregation has no right to drop a member from its roll; but in case of absence for a year or more without calling for a letter, his name may be retired upon a separate roll, as decided by a former General Assembly.

2. That without the interposition of a church session a person's membership in the church cannot be disturbed. 1882, p. 27.


Removal of Inactive Members

2.26 INTERPRETIVE, 1995.

Be it resolved that the General Assembly authorize church sessions to remove from their membership rolls, the names of members who are inactive by virtue of the fact that their whereabouts have been unknown to the session for a period of two calendar years. 1995, p. 185.


In Resigning Elder Is Not Giving Up Ordination

2.51 ADVISORY, 1997

Recommendation 12: That the opinion of the Permanent Committee on Judiciary on the effect of an elder's resignation from the session on his/her ordination (section III of the committee's report) be adopted as follows:

It is the opinion of the committee that an elder who resigns from the Session is not giving up her/his ordination. 1997, p. 314.


Churches and Recreation

2.51c ADVISORY, 1946.

Many of our social problems grow out of improper recreational activities. The use of free time is a major factor in a program of social welfare. It would seem therefore that the Church should give fruitful direction to the use of free time in recreation. While this committee would not attempt to propose a recreation program for the Church, it would recommend that the Church be diligent in making provision for the recreational aspects of the social life of its constituency. Be it remembered, if the Church fails to make provision for wholesome recreational life, the commercialized interests will provide activities of inferior quality. A program of wholesome activity is recommended as the best method of attack upon highly commercialized social recreational activities. 1946, p. 128.


Elders May Not Serve Lord's Supper Without Ordained Minister

2.52 INTERPRETIVE, 1987.

(See Constitution 4.5k, INTERPRETIVE, 1987.) 


Resignation of Elders Received by Session and Referred to Congregation

2.53b ADVISORY, 1916, 1917.

By a memorial from Obion Presbytery this General Assembly is requested to make a deliverance upon the question: "Who shall act upon the resignation of a Ruling Elder, the session, or the congregation?"

...We are of the opinion that the congregation should have the right to act upon the resignation of an elder. Your committee therefore respectfully recommends that this General assembly shall rule that a ruling elder should present his resignation to the church session, that the session by proper order should refer said resignation to the church at a stated appointment for worship, when the resignation should be acted upon by the members of the church; the action of the church should be reported back to the session and a minute of the same be entered upon its record. 1916, p. 114; 1917, p. 136.


Miscellaneous Rules for Congregational Meeting

2.55 INTERPRETIVE, 1977.

The Committee responds to this memorial as follows:

A congregational meeting is a meeting of the members of the church. Members of the session share in it as members of the church and have only the same rights as any other member of the church....

The minutes of congregational meetings should be kept in the session record book by the clerk of the session.

In order for a congregational meeting to convene, it is not necessary that a quorum of the session by present, since it is a meeting of the congregation, not the session.

Since the minister in charge is not a member of the congregation, he may not be counted in a quorum, nor may he vote. 1977, p. 189.


Absentee Voting Not Allowed in Congregational Meetings

2.55 INTERPRETIVE, 1989.

Recommendation 12: That the 159th General Assembly affirm that the Confession of Faith and the Constitution of the Cumberland Presbyterian Church do not allow for absentee voting in a congregational meeting. 1989, p. 228.


Minister, Not Bishop

2.61 INTERPRETIVE, 1850

Ordered, That the word "bishop," as it occurs in the Minutes, be erased, and the word "minister" be inserted. 1850, p.10.


Lay Minister, Not Proper Nomenclature

2.61 INTERPRETIVE, 1933.

Whereas, we are unable to find such term in our Confession of Faith or to associate it with any office in our ecclesiastical law,

Therefore, be it resolved, that the New Hope Presbytery of the Cumberland Presbyterian Church, in session with the Woodlawn congregation January 5-6, 1933, memorialize the General Assembly for a deliverance of same, that we may know whether or not such title or office really exists in our church court.

Answer: We find no authority or justification for the term "lay minister" to be applied to any minister in the Cumberland Presbyterian Church. 1933, p. 111.
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Office of Lay Pastor

2.61 ADVISORY, 1998.

 That recommendation 5 of the Commission on Ministry, "that the General Assembly approve the creation of the Office of Lay Pastor and its definition and functions as outlined above (Report of Commission on Ministry)," be adopted.

 That recommendation 6 of the Commission on Ministry, "that the General Assembly instruct the Joint Committee on amendments to prepare such amendments as are necessary to create the Office of Lay Pastor and present them to the 1999 General Assembly," be adopted.

 That recommendation 7 of the Commission on Ministry, "that the above (see p. 158 in 1998 General Assembly Minutes) proposed curriculum be approved as the basic curriculum for the training of Lay Pastors," be adopted.  1998, p. 330
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Layperson Serving as Stated Supply

2.61 ADVISORY, 1998

 Recommendation 10:  That Recommendation 8 of the Commission on Ministry, "that the General Assembly instruct the presbyteries that beginning January 1, 1999, a layperson may not serve as the stated supply of the same congregation for a period of more than six months unless he or she is enrolled in a Lay Pastor Training Program (assuming that such a program is in place)," be adopted.  1998, p. 330.


Call to Gospel Ministry to be Extended Frequently

2.61 ADVISORY, 1993.

That continued emphasis be given to the call to the gospel ministry by local congregations, church judicatories, youth camps and other such settings as it might be appropriate so that this decline might be reversed. 1993, p. 253.


Elders' Service as Lay Leaders in Other congregations

2.61 INTERPRETIVE, 1988

MEMORIAL FROM EAST TENNESSEE PRESBYTERY CONCERNING ELDERS SERVING AS LAY LEADERS

Whereas, there are small congregations that are unable to secure the services of a Cumberland Presbyterian pastor; and

Whereas there may be and often are qualified, experienced and gifted elders in other congregations in the presbytery who might serve as lay leaders in congregations unable to secure pastors: Therefore be it

Resolved, That Section 2.71, 2.72, and 4.5 of the Constitution be interpreted to provide that, with the approval of the presbytery, and under the guidelines herein set forth, an elder may serve as a lay leader, also, in a congregation other than the one to which she/he belongs, when the congregation is without a pastor or a stated supply:

1. The elder shall be recommended to the presbytery by the session of the congregation to which she/he belongs.

2. The elder shall confer with and be recommended to the presbytery by the Committee on the Ministry to function in this leadership role. She/he shall be examined with respect to the Christian life; faithfulness to the vows taken as an elder; knowledge of the Scriptures; knowledge of the history, doctrine and policy of the Cumberland Presbyterian Church; and gifts, qualifications, and experience as a leader in the role of an elder.

3. The approval of an elder to serve as a lay leader in another congregation shall be by action of the presbytery on recommendation of the Committee on the Ministry following a conference with the committee.

4. The service of an elder or a lay leader in a particular congregation shall be approved by the session of that congregation and the Board of Missions of the presbytery, and shall be for a stated period of time, not to exceed one year, subject to annual review by the session and the Board of Missions.

5. An elder serving as a lay leader in a congregation shall be under the supervision of the ordained minister appointed by the presbytery as moderator of the session.

6. An elder serving as a lay leader in a congregation shall be authorized to perform those duties which she/he was ordained as an elder to perform other than being a member of the session of that congregation. Specifically she/he shall, with the session, provide pastoral oversight of the congregation in the following ways:

(a) Give particular attention to persons who have not confessed Jesus Christ as Lord and Savior; (b) instruct persons in the faith; (c) visit people in their homes and in the hospitals, praying with and for them; (d) encourage people by word and example to share in the worship, study, witness and service of the church; (e) supervise the work of the deacons; (f) give oversight to the educational program of the church; (g) encourage stewardship, provide for the collection of monies for godly purposes, and supervise the finances of the church; (h) assemble the congregation and provide for worship.

 1988, p. 179.

Recommendation 6: That the memorial be granted.

Thus Sections 2.71, 2.72, and 4.5 of the Constitution are interpreted to provide that, with the approval of the presbytery and under the guidelines specified in the memorial, an elder may serve as a lay leader in a congregation other than the one to which the elder belongs when the congregation is without a pastor or stated supply. The understanding of the Judiciary Committee is that the only titles of such a person are "elder" or "lay leader." The elder serves under the guidance of the Committee on the Ministry of the respective presbytery.

1988, p. 207.


Lord's Prayer Wording

2.63b ADVISORY, 1952.

Whereas, there does not exist a uniformity of practice in the use of the alternative petitions, "Forgive us our debts, as we forgive our debtors," and "Forgive us our trespasses, as we forgive those who trespass against us," in the praying of the Lord's Prayer in Cumberland Presbyterian Churches and church groups;

And, whereas, this lack of uniformity often results in a hesitance on the part of the congregation in praying this petition;

And, whereas, the form, "Forgive us our trespasses," is a contribution of the Anglican tradition, through the Book of Common Prayer of the Church of England;

And, whereas, we, as Cumberland Presbyterians, acknowledge a greater debt to the Reformed tradition, in which the scriptural form "Forgive us our debts," is used, than to the Anglican tradition;

Therefore, be it resolved that we, the Austin Presbytery of the Cumberland Presbyterian Church, meeting in Bertram, Texas, on April 4, 1952, do hereby memorialize the General Assembly of the Cumberland Presbyterian Church, meeting at Memphis, Tennessee, on June 12-16, 1952, to designate the form, "Forgive us our debts, as we forgive our debtors," as the form most approved for use in Cumberland Presbyterian Churches. 1952, p. 27.

We recommend that this Memorial be granted. 1952, p. 155.


Baptism Made Suitable to the Situation

2.63d INTERPRETIVE, 1968.

Whereas, the 130th General Assembly meeting in Nashville, Tennessee, in 1960 interpreted the Confession of Faith to say that immersion as a form of baptism is out of keeping with the doctrine that Cumberland Presbyterian ministers have subscribed to, and apparently interpreted it as wrong for a Cumberland Presbyterian minister to immerse under any conditions, and

Whereas, the 137th General Assembly meeting in Paducah, Kentucky, in 1967 included within its minutes a paper which closed with these remarks: "Within the Reformed Faith the mode of baptism is not of vital importance, but of crucial importance is the reality of the sacrament of baptism, which may be symbolized through various modes, sprinkling or pouring constituting one of these modes, and

Whereas, within the Cumberland Presbyterian Church there is much misunderstanding resulting from the fact that one minister will refuse to immerse under any conditions because of the rules of the General Assembly and another minister will immerse under certain conditions, thus causing friction not only among the ministry but the laity as well, and

Whereas, we feel that to be dogmatic on this phase of God's work and Church and to take a "middle of the road" view of most other areas of the faith is not consistent with Cumberland Presbyterianism;

Therefore, be it resolved that Nashville Presbytery does hereby memorialize the 138th General Assembly, meeting in Oklahoma City, Oklahoma, June 19-24, 1968, to rescind the action of the 1960 General Assembly (which apparently made it mandatory that a minister in the Cumberland Presbyterian church not immerse under any conditions) and return to an interpretation of baptism which was followed prior to 1960 (which apparently allowed an individual minister to perform the sacred sacrament of baptism with the mode best suited to the specific situation). 1968, p. 151. [Parentheses in original]

That this memorial be granted. 1968, p. 175.


Lord's Supper Observed at Least Quarterly

2.63d ADVISORY, 1954.

Resolved: That this General Assembly recommend that each church have the sacrament of the Lord's Supper administered at least quarterly. 1854, p. 31.


Appropriate Fruit of the Vine Used in Lord's Supper

2.63d INTERPRETIVE, 1971.

The Bible speaks to us in simple words in regard to the elements used in the Sacrament of the Lord's Supper. To wit: Matt. 26:27-29 RSV, "and he took a cup, and when he had given thanks he gave it to them, saying, 'Drink of it, all of you; for this is my blood of the covenant, which is poured out for many for the forgiveness of sins. I tell you I shall not drink again of this fruit of the vine until that day when I drink it new with you in my Father's kingdom.'"...

The Old Testament "Passover Meal" made use of wine as a part of the ritual, and those who keep Passover today use wine. Traditionally, other Christian churches made use of wine in the Lord's Supper. Before 1877, wine, both fermented and the "pure fruit of the vine", was used in our Church.

Therefore, be it resolved, that the South Texas Presbytery memorialize the 141st General Assembly meeting in Jackson, Tennessee, June 16-21, 1971 asking that the deliverance of the 1877 General Assembly,..."Resolved: That we recommend to all our churches through the presbyteries to procure and use the pure fruit of the vine in the observances of the Lord's Supper," be rescinded, and that our congregations, through the presbyteries, be at liberty to procure and use appropriate fruit of the vine for the observance of the Lord's Supper.

Granted. 1971, p. 195.


Marrying Divorced Persons

2.63h ADVISORY, 1945.

MEMORIAL FROM HOPEWELL PRESBYTERY

Whereas, the laws of the Cumberland Presbyterian Church contain no regulation governing the question of whether a minister of the church should perform a marriage ceremony if either of the participants have been married and divorced, and, Whereas, the lack of regulation concerning this matter is a continual source of embarrassment for ministers before whom divorced people present themselves for marriage, and

Whereas, the teachings of the New Testament are decidedly opposed to divorce and remarriage,

Therefore, we memorialize the General Assembly of the Cumberland Presbyterian Church to make a pronouncement on the matter, stating whether a minister of the church should perform such a ceremony. 1945, p. 44.

Relative to the memorial from Hopewell Presbytery regarding a minister performing marriages of divorcees, your committee would recommend that officiating ministers be governed by Biblical teaching relative to "marriage and divorce." 1945, p. 155.


Pastors and Family Life

2.63h ADVISORY, 1946.

The status of the family in contemporary society has become a matter of serious concern. The divorce rate seems to have increased until reliable estimates now indicate that one out of every three to four marriages ends in divorce.

Your committee wishes, however, to call to the Church's attention the fact that divorce is not basically the problem, but is rather an attempt to escape from problems that the family has been unable to solve. Your committee is of the opinion that the problem cannot be solved by granting or refusing to grant divorces. The problems confronting family life today are such as demand preventive measures. We therefore recommend:

1. That local churches, through the leadership of their pastors, give emphasis in the local church program to the promotion of family worship among its constituency.

2. That pastors be encouraged to assume added responsibility for counseling with families, and, where it seems expedient, to provide instruction in premarital, marital, pre parental and parental relationships.

3. That the program committees of the various encampments be asked to provide courses in courtship and marriage as a means of training youth for successful marriage.

4. That this Assembly recommend premarital counsel as a worthy pastoral function. 1946, p. 127.


Elders' Service as Lay Leaders in Other Congregations

2.71 INTERPRETIVE, 1988.

MEMORIAL FROM EAST TENNESSEE PRESBYTERY CONCERNING ELDERS SERVING AS LAY LEADERS

Whereas, there are small congregations that are unable to secure the services of a Cumberland Presbyterian pastor; and

Whereas there may be and often are qualified, experienced and gifted elders in other congregations in the presbytery who might serve as lay leaders in congregations unable to secure pastors: Therefore be it

Resolved, That Section 2.71, 2.72, and 4.5 of the Constitution be interpreted to provide that, with the approval of the presbytery, and under the guidelines herein set forth, an elder may serve as a lay leader, also, in a congregation other than the one to which she/he belongs, when the congregation is without a pastor or a stated supply:

1. The elder shall be recommended to the presbytery by the session of the congregation to which she/he belongs.

2. The elder shall confer with and be recommended to the presbytery by the Committee on the Ministry to function in this leadership role. She/he shall be examined with respect to the Christian life; faithfulness to the vows taken as an elder; knowledge of the Scriptures; knowledge of the history, doctrine and policy of the Cumberland Presbyterian Church; and gifts, qualifications, and experience as a leader in the role of an elder.

3. The approval of an elder to serve as a lay leader in another congregation shall be by action of the presbytery on recommendation of the Committee on the Ministry following a conference with the committee.

4. The service of an elder or a lay leader in a particular congregation shall be approved by the session of that congregation and the Board of Missions of the presbytery, and shall be for a stated period of time, not to exceed one year, subject to annual review by the session and the Board of Missions.

5. An elder serving as a lay leader in a congregation shall be under the supervision of the ordained minister appointed by the presbytery as moderator of the session.

6. An elder serving as a lay leader in a congregation shall be authorized to perform those duties which she/he was ordained as an elder to perform other than being a member of the session of that congregation. Specifically she/he shall, with the session, provide pastoral oversight of the congregation in the following ways:

(a) Give particular attention to persons who have not confessed Jesus Christ as Lord and Savior; (b) instruct persons in the faith; (c) visit people in their homes and in the hospitals, praying with and for them; (d) encourage people by word and example to share in the worship, study, witness and service of the church; (e) supervise the work of the deacons; (f) give oversight to the educational program of the church; (g) encourage stewardship, provide for the collection of monies for godly purposes, and supervise the finances of the church; (h) assemble the congregation and provide for worship.

1988, p. 179.

Recommendation 6: That the memorial be granted.

Thus Sections 2.71, 2.72, and 4.5 of the Constitution are interpreted to provide that, with the approval of the presbytery and under the guidelines specified in the memorial, an elder may serve as a lay leader in a congregation other than the one to which the elder belongs when the congregation is without a pastor or stated supply. The understanding of the Judiciary Committee is that the only titles of such a person are "elder" or "lay leader." The elder serves under the guidance of the Committee on the Ministry of the respective presbytery.

1988, p. 207.


Deacons Not Presbyters

2.81 INTERPRETIVE, 1948.

Every ruling elder is a member of a Church session, and also a potential member of each of the higher courts, "when called thereunto." A deacon is a member of none of the church courts, either actually or potentially. A deacon cannot represent the people in any church court. The General Assembly (1946, p. 116) held that the "powers of the deacon are limited," and that their actions are under the direction of the session. ...Deacons are not presbyters.

None of the church courts above the session has any jurisdiction over the deacon, while neither of these courts above the session which sees proper to call an elder to the discharge of official duties, does have a certain jurisdiction over such elder, not alone because he holds office under these courts, but because he is a potential member of either of them." 1948, pp. 112, 113, 147.


Joint Meetings of Elders and Deacons

2.82 INTERPRETIVE, 1946

In reference to the petition concerning elders and deacons in joint session, ... the powers of the deacon is limited, and...their actions are under the direction of the church session. ...our interpretation is that only such business as pertains to the temporal affairs of the church can be transacted by the joint board composed of elders and deacons. To the elders alone is entrusted the spiritual interest of the church, as well as its government. 1946, p. 116.


Elder May Make Nomination from the Floor

2.91 INTERPRETIVE, 1987.

An elder can make nominations from the floor in addition to any made by the session. 1987, p. 123.


Questions for Ordination in a Union Church

2.92 INTERPRETIVE, 1983

A candidate for ordination as elder or deacon in a union or tri-union church may either answer in the affirmative all of the questions of all denominations participating in the union church or the candidate may be asked to respond in the affirmative to questions which are a compilation of the ordination questions of the participating denominations.

A compilation of ordination questions should be expressed in any agreement which is entered into between any presbytery of this denomination and the presbytery of any other Presbyterian denomination for the establishment of a union church. 1983, p. 260.

In situations in which the agreement which established a union church does not resolve the issue of what questions to put to a candidate for ordination as elder or deacon, the joint commission appointed by the presbyteries of the various denominations for the purpose of organizing the union or tri-union church should prepare any compilation of questions which is to be used in the union church.


Installation Makes an Elder Active

2.92 INTERPRETIVE, 2001

Elders become active upon their installation and the designated date set by the congregation's bylaws, not their election. Sessions should insure that elders who are elected be installed in a timely manner so they can fulfill the duties of their office. The installation should occur before the end of the terms of those elders who are rotating off. An elder is no longer considered active at the end of his/her designated term unless otherwise stated in the congregation's bylaws.


Rotated Elder, Status When Term Expires

2.93 INTERPRETIVE, 1955.

Since the ordination of an elder is for life, there has been some confusion as to the status of an elder elected for a definite term after such term has expired.

It is our opinion that after the expiration of the term to which the elder has been elected by a church on rotation system, the person ceases to be an elder until and unless he be later reelected, and during the interim such person shall not be eligible to represent his church at presbytery, synod, or the presbytery at the General Assembly. However, such rotated elder shall by virtue of his ordination be eligible to continue membership on a denominational board or agency if he should be a member thereof when rotated off his local session. 1955, pp. 181-182.


Rotation of Officers, Reelection to Office

2.93 INTERPRETIVE, 1963.

It is the opinion of the Permanent Committee on Judiciary that the congregation can, if it desires, provide for the reelection of elders for three successive terms of three years, then require the elder or deacon to be on a year of ineligibility of service; or the congregation may establish the year of ineligibility after two terms of some duration; or the congregation may waive the year of ineligibility altogether, if it desires. The provisions should be clearly defined by the congregation and a clear record made in the session record of the particular congregation.

It is an opinion that the memorial can be answered that elders and deacons can be put on the same basis of rotation in the local church as is practiced by the boards and committees of all higher church courts, at the option of the congregation, the only constitutional requirement being that the term cannot be less than three years duration. 1963, p. 140.


Rotation System, Suggested Resolution for Adoption of

2.93 ADVISORY, 1944.

(Revised for compatibility with 1984 Constitution)

Resolved:

That the_________________ congregation adopt the rotation system of ruling elders and deacons in accordance with the provision of the Constitution, section 2.93.

That the church session shall be composed of_________________ elders, who shall be elected for staggered terms as hereinafter provided.

That the board of deacons shall be composed of_________________ deacons, who shall be elected for staggered terms as hereinafter provided.

That initially _________________ elders shall be elected for a term of _________________ years, _________________ elders shall be elected for a term of _________________ years, and _________________ elders shall be elected for a term of _________________ years; that their successors shall be elected for a term of three (or more) years.

That initially _________________ deacons shall be elected for a term of _________________ years, _________________ deacons shall be elected for a term of _________________ years, _________________ deacons shall be elected for a term of _________________ years; that their successors shall be elected for a term of three (or more) years

That in case of the death, resignation, inactivity, withdrawal from the congregation or the deposition of any elder or deacon, the successor shall be elected by the congregation at a regular worship service of the congregation for the unexpired term.

That no elder or deacon may be elected to succeed himself, but may be again elected to office one year after the expiration of his former term of office. (The church has much latitude in regard to term of office and succession.) [See 2.93, Interpretive, 1963, above.]

That the election of elders and deacons shall be held annually at the regular stated worship service of the congregation on the Sunday in (month) of each year.

That the newly elected elders and deacons shall be ordained and installed at the regular stated worship service of the congregation on the Sunday in (month) of each year.

That the newly elected elders and deacons shall take office on .

That the secret ballot shall be adopted as the official method of voting in the election of elders and deacons [Constitution 22.91; Rules of Order 12.2]

That in keeping with Constitution, section 2.91, the church session shall annually submit nominations for the offices of elders and deacons for the consideration of the congregation; that any member of the congregation may nominate a member of the church for the office of elder or deacon, provided the nominee has been previously consulted in the matter.

That the ballots at the first election shall contain the nominees of the three classes of elders, providing for staggered terms. 1944, pp. 138-140, 194.


Rotation System Recommended

2.93 ADVISORY, 1992

Recommendation 5: That the General Assembly remind presbyteries of the need to accent rotation plans for sessions and diaconates as the way to insure that more of our capable women and men may have opportunity to serve in the care giving ministries of each local congregation. 1992, p. 271.


Deacons/Elders Coming From Reformed Churches Do Not Need To Be Re-ordained To Serve As A Deacon/Elder

2.96 INTERPRETIVE, 1994

It is the opinion of the Permanent Committee on Judiciary that persons coming from other reformed churches need not be re-ordained deacon or elder when elected and installed into the office for which they had prior ordination. 1994, page 149


Irregular Actions of Judicatories Cannot Be Legalized

3.03 INTERPRETIVE, 1841; 1875.

Resolved: That synods cannot legalize the illegal constitution and acts of presbyteries. 1841, p. 620, MSS.

This question is answered in our reply to the report of the Committee on the Minutes of Brazos Synod. In addition to that, we lay down this general principle of law: That no legislative body can legalize the acts of another legislative body, nor can an appellate court legalize the decisions of an inferior court. We admit that a legislature might legalize the acts of inferior courts or the acts of ministerial officers; but the distinction must be constantly borne in mind, that no legislative body can legalize acts which are the exclusive prerogative of another legislative body to pass upon. Any other conclusion would involve infinite difficulty and confusion. 1875, p. 32.


Appeal Must Be Brought Regularly

3.03 INTERPRETIVE, 1852, 1884.

An appeal of T. J. Simpson, in behalf of himself and the Allegheny Presbytery, complaining of aggrievance in a decision of Pennsylvania Synod, whereby a judicial decision of the First Cumberland Presbyterian Church in Allegheny City, confirmed by the Allegheny Presbytery, was reversed.

Your committee think that the aggrievance ministers, sessions, and churches within a prescribed area; and the General Assembly complained of is wholly of a constitutional nature, and we are of the opinion that the synod had in fact no legitimate jurisdiction of the case, from the consideration that the action of the presbytery was not brought regularly before them. 1852, p. 30.

Your committee find that questions coming from a lower to a higher court must come "by general review and control, reference, appeal or complaint." They are of the opinion that the paper in this case comes under neither; and is, therefore, not properly before this body. 1884, p. 19.


Synod Cannot Be Made Final Court of Appeal

3.03 INTERPRETIVE, 1887, 1897.

The memorial from Bonham Presbytery requests that the synod be made the final court of appeal, except upon doctrinal and constitutional questions. Section 67...of the Book of Church Government, provides that "every decision made by any church court, except the highest, is subject to the review of a superior court and may be brought before it by general review and control, reference, appeal, or complaint." 1887, p. 13; 1897, p. 67.


Incorporation Not Disallowed by Constitution

3.03 INTERPRETIVE, 1997

Recommendation 2: "That the General Assembly affirm that incorporation of particular churches, presbyteries, and/or synods is not inconsistent with the organization or the polity of the Cumberland Presbyterian Church if the governing documents of the corporation recognize the authority of the 'Confession of Faith,' the 'Constitution,' 'Rules of Discipline,' and the 'Rules of Order' of the Cumberland Presbyterian Church. 1997, p. 29. 


Opening and Constituting Prayer May Be the Same

3.05 INTERPRETIVE, 1952.

The opening prayer and the constituting prayer could be one and the same in which event such prayer is both legal and necessary. 1952, p. 123. (See Rules of Order 5.1)

NOTE: Rules of Order 5.1, "The Moderator shall open the meetings at the appointed time by taking the chair, calling the meeting to order, and after ascertaining that a quorum is present, calling the judicatory to prayer."


Judicatories to Pray for Religious Freedom

3.05 ADVISORY, 1962.

We recommend further that all the judicatories of the Cumberland Presbyterian Church have at least a brief season of prayer to the end that religious freedom and thought may be the lot of all mankind. 1962, p. 184.


Session Elects Representatives to All Meetings of Presbytery

3.06 INTERPRETIVE, 1933.

Do you interpret the clause, "Unless the constituent body shall designate someone as a representative to such called meeting," to mean that a church session can elect an elder to represent the church in a called meeting of presbytery or synod other than the elder or his alternate who represented the church in the preceding stated meeting of the body?

Answer: Yes. (This is a privilege that should be very carefully exercised.) 1933, p. 110. [Parentheses in original.]


Calls for Special Meetings Should Be Made Properly

3.06 INTERPRETIVE, 1982.

When a synod finds that a special meeting of a presbytery was improperly called or an adjourned session improperly convened, may the presbytery involved regularize the actions of such a meeting by affirming them at the next regular meeting after receiving notice of synod's action?

Recommendation 10: That General Assembly approve the statement that care should be taken to properly call and convene all meetings of church courts. In some situations a properly called and convened meeting of a church court may ratify the actions of a previous meeting which was improperly called or convened. 1982, pp. 162, 244.


Ministers Members of Called Meetings Irrespective of Attendance at Previous Stated Meeting

3.06 INTERPRETIVE, 1933.

Is a minister who is otherwise eligible for membership in a presbytery or non delegated synod, but who, for any cause, fails to attend the preceding stated meeting of the body, barred from sitting as a member of the body at a called meeting thereof?

Answer: No. A minister is a member of his presbytery and synod and cannot be barred from any of its meetings. 1933, p. 110.


Only Ministers May Be Seated as Advisory Members

3.07 INTERPRETIVE, 1887, 1977.

We have examined the minutes of Oregon Synod for session of June 1886. We find the minutes in good form, with no departure from the usages of our church, except the following paper which was adopted by that body:

"Whereas, much of the Christian work of the world is done by faithful Christian women, and

Whereas, they are safe in counsel and zealous in effort:

Therefore be it resolved, that we invite the various congregations within the bounds of this synod to send each one lady representative to future meetings of the synod, who shall have a right to speak upon all subjects not considered interlocutory session and to exercise an advisory influence on all matters before the synod relating to the interests of the cause of Christ within our bounds."

We think this a departure from the usage of Presbyterianism of doubtful propriety and dangerous tendency. Not on the ground of sex, but because it is calling lay members into a judicature of the church in a semi-organic way. Referred to Judiciary Committee.

The Committee on Judiciary have considered that part of the report of the Minutes of the Synod of Oregon, which has been referred to this committee and report thereon as follows:

We are of opinion that said report should be adopted, and we so recommend.

The proposed action of said synod would, as we think, be in conflict with our government, and for this reason, as well as for the reasons assigned in the report under consideration, said action should not be approved. 1887, pp. 20-21.

No one other than a minister may be seated in presbytery or synod as an advisory member or a visiting member [now termed visiting minister]. 1977, pp. 142, 189 (Editor's brackets)


Minister in Transition, Advisory Member

3.07 INTERPRETIVE, 1940.

A memorial from the Synod of Illinois asking this General Assembly to make a deliverance on the recognition of a minister in transition as to whether he is a member in council or visiting minister. We recommend that he be recognized as a member in council [now termed advisory member]. 1940, p. 134. (Editor's brackets)


Historian for Local Church to Be Appointed

3.08 ADVISORY, 1967.

That each church appoint a historian to gather records, documents, pictures or other items of historical significance and keep a current account of all significant events; and that presbyteries, synods and agencies consider safeguarding their historical materials in the Historical Vault at Memphis Theological Seminary [now the Historical Foundation of the Cumberland Presbyterian Church] 1967, p. 219.


Records Management Policy for General Assembly Agencies

3.08 ADVISORY, 1985.

Whereas the official records and correspondence of all the agencies of the General Assembly including its program boards, institutions, commissions, and committees comprise a substantial, unique, and irreplaceable part of the written record of the people called Cumberland Presbyterians, and

Whereas there is presently the danger that such records, scattered as they are in numerous places under various conditions, can be easily destroyed by fire, vandalism, or carelessness, and

Whereas the absence of any policy regarding the preservation of these records contributes to the present situation..

Therefore the General Assembly of the Cumberland Presbyterian Church, in order to provide for the better preservation of this portion of the written documents of its heritage, adopts the following Records Management policy for itself and its agencies:

The purpose of the policy is to give direction to and provide for the orderly collection and preservation of the records of the General Assembly and agencies created by its actions through deposit of these records in the Historical Library and Archives of the General Assembly.

Organized bodies included under the terms of this policy shall be 1) the General Assembly, the Office of the General Assembly, and the General Assembly's Executive Committee, 2) all permanent General Assembly boards, commissions, and committees, and 3) all temporary commissions, committees, task forces, etc., created by General Assembly action.

Records eligible for deposit include the following 1)official minutes and registers, 2) legal documents including charters, by-laws, deeds, titles, leases and other descriptions of property, contracts for construction, blueprints, plans, and specifications, 3) financial records including audits, mortgages, and financial ledgers of final entry, 4) annual reports, 5) official correspondence.

Records such as minutes and reports duplicated for distribution and publications issued periodically are to be deposited as they are issued. Documents of the General Assembly meetings are to be deposited as soon as possible after the printed minutes are issued. Legal documents and audits are to be deposited as they are concluded. In the case of bound volumes of original minutes, each agency should take care to deposit such volumes promptly after their conclusion. Financial ledgers of final entry shall be submitted as soon as they are no longer needed for current reference by an agency, but no later than five years after their closing. Official correspondence shall be deposited as soon as it is no longer needed for current reference, but normally no later than five years after issuance.

All records produced by the General Assembly and its agencies are the property of the General Assembly. However, the General Assembly has recognized that it has entrusted to each agency, and especially to each incorporated board, a unique responsibility for determining the necessary confidentiality of official minutes and correspondence. Therefore, access to such minutes and correspondence deposited in the Historical Library and Archives shall be limited by policies adopted by each agency. Records whose access falls under the limitations imposed by such policies shall be kept in locked files. These files are to be unlocked for research only to officers of the respective agency or to persons who present written authorizations signed by officers of such an agency.

The agency responsible for the collection and preservation of the records of the General Assembly and its agencies shall be the Historical Foundation of the Cumberland Presbyterian Church. Through its Board of Trustees and staff, the Historical Foundation shall take care to see that the above mentioned records are collected, filed and safely housed. It shall be diligent in seeing that the confidentiality of records as established through this policy and the policies of each particular agency is preserved. In its annual report to the General Assembly, the Historical Foundation shall report the effectiveness of this policy, the compliance of the various agencies with its provisions, and any recommendations for changes in its provisions.

It is assumed that all agencies will comply with this policy, at least on their executive administrative level. That is, that originals or copies of all annual reports, final audits, and minutes of the governing board will be deposited in the Historical Library and Archives. However, it is understood that some boards and agencies have adequate means of in-house preservation of records and/or records which cannot be transferred from the office of origin. Therefore, compliance with this policy as a whole and the extent to which the agency participates beyond the executive level is left to the discretion of the particular agencies and their chief administrators with the explicit understanding that no bulk record group shall be destroyed without first consulting the Historical Foundation Board of trustees or its staff. 1985, pp. 100-101.


Middle Judicatory Minutes to be sent to Historical Foundation

3.08 ADVISORY, 1993

That the General Assembly encourage all middle judicatories to send four copies of each of their printed minutes to the Foundation and that this be done in a timely fashion as already stated in the Archival Policy Manual of The Historical Foundation of the General Assemblies of the Cumberland Presbyterian Churches. 1993, p. 254.
______________________________________________________________________________________________
Church Session Minutes to be Sent to Historical Foundation

3.08 ADVISORY, 1999

 That all churches act in accordance with the Constitution of the Confession of Faith, 3.08, which reads: "All minutes and other official records of existing and dissolved sessions and presbyteries, or synods, or copies thereof, are to be deposited for safe keeping in the Historical Foundation of the Cumberland Presbyterian Church and the Cumberland Presbyterian Church in America," and that all presbyteries be encouraged to insist that the churches of that presbytery submit those minutes to the Historical Foundation in archival form (original and completed books of the session records).  1999, p. 371.


Elders Eligible to Serve on Committees When not Members of Judicatory

3.11 INTERPRETIVE, 1875.

In the matter of the memorial from the Bell Presbytery, the committee find this question:

"Are the ruling elders who are not members of presbytery competent to be made members of standing committees?"

The committee have not reached a conclusion on this question without hesitation and difficulty. We believe a strict or literal interpretation of the law would lead to an answer in the negative. But we believe, further, that it is a safe rule by which we may be governed, to give such construction of the law as will enable church judicatories to promote the interests of the church most effectively. If we deny the right of presbytery to appoint elders to important duties simply because they are not, for the time being, members of the presbytery, we thereby greatly curtail the power of the presbyteries in employing talented and useful men in the work of the church.

We therefore reach the conclusion that a liberal construction of the law in this case will give the presbyteries enlarged means of usefulness and that no injury can possibly result. Hence we answer the question of the memorial in the affirmative. 1875, p. 24.


All Members in Good Standing Eligible for Judicatory Committees

3.11 INTERPRETIVE, 1956, 1962.

There has been referred to our committee a memorial from the East Tennessee Synod regarding the qualifications for members on presbyterial and synodic board.

In our opinion (General Assembly) Standing Rule No. 21 prescribes the qualifications for members of boards of all church courts. 1956, p. 128. (Editor's parentheses)

Standing Rule No. 21 read: "The members of the boards, commissions and legal agencies of the Cumberland Presbyterian Church must be ordained ministers or ordained elders, except that women who are members in good standing in their local churches may serve on the Board of Foreign Missions and deacons may serve on the Board of Finance and the Commission on the Denominational Center..."

We have studied the memorial from the New Hope Presbytery concerning presbyterial and synodical board membership, together with the opinion of the Permanent Committee. We concur in the opinion of the Permanent Committee regarding this item. We further call attention to the action of the General Assembly in 1956 regarding this same question and recommend that this Assembly sustain the 1956 decision. 1962, p. 174.

In 1964, Standing Rule No. 21 was changed to read: "the members of boards and legal agencies may be any ordained ministers, ordained elders, or members of the Cumberland Presbyterian Church, either men or women, in good standing, and active in the local church in which membership is held." 1964, p. 15.


Committee Chairs Can Be Appointed in Advance

3.11 INTERPRETIVE, 1897.

We recommend that you affirm that there is no constitutional law against a presbytery or synod's appointing the chairman of the standing committee six months or one year in advance, or of using a printed or written program of the business of the judicatory, but that presbyteries and synods shall be left to their own discretion in this matter.


Commission May Form Joint Commission with That of Another Presbytery

3.12 INTERPRETIVE, 1983.

There is no standing for a union or tri-union commission if by that we mean one commission appointed by two or three presbyteries.

It would be constitutional to have separately appointed commissions to act as a joint commission. It is in order for the joint commission to make one report to be delivered to all of the involved presbyteries. If the report is in writing, it should be signed by the Cumberland Presbyterian members of the Cumberland Presbyterian presbytery appointing it. If the report is given orally, it should be reported by a Cumberland Presbyterian member of the commission.


Commissions Cannot Act on Business for Which It Has Not Been Commissioned

3.12 INTERPRETIVE, 1987.

We do not believe a commission can act on business matters for which it has not been commissioned. However, we are much aware that the new presbyterial structures have created problems relative to frequent called meetings. Therefore, we recommend:

Recommendation 10: That the Permanent Committee on Judiciary be instructed to study the memorial and specifically the question of a commission being empowered to receive and grant letters on a continuing basis.


Reception and Dismissal of Ministers are Acts of Presbytery

3.12 INTERPRETIVE, 1880, 1897.

(See Constitution, 5.6b, INTERPRETIVE, 1880, 1897.)


Presbyteries May Not Delegate to Commissions Power to Receive and Grant Letters

3.12 INTERPRETIVE, 1990.

The second opinion is a response to the Memorial from Cumberland Presbytery (1989 G. A. Minutes, page 228). The memorial raises the question of permanent commissions for the purpose of receiving and granting letters.

Answer: It is the Committee's opinion, based on the present constitution, that these are presbyterial acts (responsibilities) and can not be delegated to a commission. We feel that presbyteries must be very careful not to delegate their responsibility away to small groups. Regarding the creating and/or dissolving of pastor/church relationship it is our opinion that the Constitution, sections 7.05 and 7.06, deals with this matter, and that section 7.06 is complementary to 7.05 and that the Board of Missions may give tentative approval to the creating and/or dissolving pastor/church relations. However, any action of the Board is always subject to review by presbytery.



Ordination Commission

3.12 INTERPRETIVE, 1990.

Constitution 3.12 states, "a majority of a commission shall constitute a quorum."  Does this mean that if you have four ministers and one elder on a commission to ordain that the commission cannot function without the elder being present"?

It is the opinion of the Permanent Committee on Judiciary that if the elder does not attend, the commission cannot function.  The commission to ordain must have the physical presence of a quorum of presbytery.  (Rules of Order 6.2)  However, the commission to ordain must include at least two ministers.  (Constitution 3.12a, 6.35)  1990, pp. 164, 214.
 
 


Property Should be Deeded to Local Presbytery

3.30 ADVISORY, 1960.

We further recommend that the following additional provisions be adopted regarding the legal steps to be taken by presbyteries for the protection, transfer, or sale of church property:

(1) Church property should be deeded to the trustees of the local presbytery for the benefit and use of the local church, which local trustees will be in complete charge so long as the church remains organized.

(2) In case the local church should become disorganized through the death or removal of the officers, the presbytery should appoint some of the remaining local members of the congregation as a Board of Trustees for the preservation, protection, transfer or sale of the property.

We further recommend that the Board of Finance become the central source for advice or information for those desiring assistance or advice in regard to church property. 1960, p. 180.


Trustees Successors Appointed by Session

3.30 ADVISORY, 1958.

With regard to the Memorial from the Elk Presbytery concerning the title to church property, it is the opinion of your committee that where church property is deeded to certain individuals as trustees for a Cumberland Presbyterian Church, and hereafter these trustees violate their trust by deeding the church property to trustees of another church, or to themselves as trustees of a church other than a Cumberland Presbyterian church, the courts of most of our states have held that property will be retained according to its original beneficial use even if it becomes necessary for the state courts to appoint trustees to preserve the property to its intended use. In such a case it would be proper for the church session to appoint successor trustees to replace these trustees who have violated their trust, and, if necessary, a presbytery may appoint such trustees for such church congregation, and when successor trustees are so lawfully appointed they may take charge of such church property and if necessary take legal action to enable them to perform their duties as such. We refer you to the 1957Cumberland Presbyterian Digest, pp. 58-60, Section 11, and Biddle's New Cumberland Presbyterian Digest, 1920, pp. 66-69, Sections 13, 14, and 15.--1958, page 172.



"Cumberland Presbyterian" Imperative for Legal Instruments

3.30 INTERPRETIVE, 1962.

The memorial from North Central Texas Presbytery concerning church names has been considered.  We concur in the opinion of the Permanent Committee on Judiciary.  1962, p. 174.

The permanent committee ruled:  The use of "Presbyterian Church, Cumberland" for directory or publicity purposes is not illegal.  However, the use  of "Cumberland Presbyterian" in deeds, legal instruments, and legal matters is imperative.  1962, p. 131.


Revision of The Form of Real Estate Deeds

3.30 ADVISORY, 1981.

Recommendation 4: The committee recommends that in lieu of Recommendation 4 (p. 170, Minutes) of the Permanent Committee, the General Assembly adopt the following provision to supersede and replace the form of deed in item 1.748 of the Digest to be made a part of all deeds of conveyance:

"Every judicatory or board of the Church should consult with an attorney whenever it undertakes to buy, sell or mortgage any property.

If the particular judicatory or board is a corporation, title to real estate should be vested in the corporation by deed of conveyance in the form of deed in use in the state where the real estate is located, but if the judicatory or board acquiring the title to real estate is an unincorporated association, it is necessary that the title to the real estate be taken and held in the name of trustees, and the deed of conveyance should contain the following provision or one similar and to the same effect, and should be inserted and made a part of the habendum clause of the form of deed or forms of deeds in use for the conveyance of real estate in the particular state where the property is located to wit:

'It is further specifically provided by this deed of conveyance, to which all parties agree, that if the time should ever come when the judicatory or board of which the above named or their successors are the trustees should cease to exist or transfers its relationship to another denomination or removes itself from the denomination known as the Cumberland Presbyterian Church, then and in such event, the title to the entire property held in trust by said Trustees shall ipso facto pass to and vest in the then duly elected and qualified Trustees of the Presbytery of the Cumberland Presbyterian Church in which the above described real estate is located, to be held in trust for the use and benefit of the Cumberland Presbyterian Church to be used, held, applied, transferred or sold as authorized or directed by the Presbytery of the Cumberland Presbyterian Church in which the real estate is located. The Trustees then holding the title in trust shall upon demand by the Presbytery of the Cumberland Presbyterian Church in which the real estate is located, execute and deliver to the Trustees of said Presbytery a deed of conveyance to convey the real estate no longer used for the benefit of the judicatory or board of the Cumberland Presbyterian Church and in the event they should fail to execute and deliver said deed of conveyance, then in such event a judgment of a court of competent jurisdiction over said property shall be sought to declare the title to said real estate to be vested in the Trustees of the Presbytery of the Cumberland Presbyterian Church in which said real estate is located.'"--1981, p. 245.


Number of Elders Determined by Congregational Vote

4.1 INTERPRETIVE, 1987.

The number of elders comprising a session is determined by vote of the congregation. 1987, p. 123.


Session May Meet in Absence of Minister

4.2 INTERPRETIVE, 1850, 1865, 1987.

It is the opinion of this General Assembly that a church session has the right to meet and transact any business coming before it at its regular meetings in the absence of the pastor. 1850, p. 16.

Have the ruling elders of a congregation having a minister the authority to hold meetings for the transaction of business in the absence of said minister? We answer that they have. Though the minister is moderator of the session, yet he is not invested with power to prevent the session from convening and transacting business in his absence, whether by tardiness or intentional absence. 1865, p. 188.

The session (without a pastor or an appointed moderator) may meet to transact any business, including receiving members into the church. 1987, p. 123. (Parentheses in original)


Meeting Can Be Held Wherever Convenient

4.3 INTERPRETIVE, 1961.

We recommend that the memorial from Obion Presbytery be granted and that the former action of the General Assembly in 1957 restricting the meeting place of a presbytery be hereby rescinded. Each church court should feel free to meet wherever it is most convenient and comfortable for the majority of its members. Each court should follow the regular and designated way of calling its meeting regardless of where the meeting is to take place. 1961, p. 179.


Attendance By Others

4.3 INTERPRETIVE, 1977.

Members of a church may attend meetings of the session, but it is not in order to "seat" them in any fashion.

There are no provisions for a visiting minister to attend a session meeting of a particular church unless he has been invited to moderate the session under conditions specified by church law. 1977, pp. 142, 189.


Session Meetings in the Absence of the Minister

4.3 INTERPRETIVE, 2001

Except for meetings convened by the minister immediately following a service of worship, a Session may not meet unless "proper notice" has been given to all members of the Session including the minister. "Proper notice" means either actual notice or an attempt to give actual notice which is reasonable under the circumstances, both in terms of the means used to give notice and the time between the notice and the date of the meeting. Sessions of churches which are incorporated should comply with any statutory notice provisions in the state of incorporation.

On rare occasions, it may be necessary for a Session to meet when the minister or the appointed moderator is unavailable. On those occasions, the Session may meet and transact business after notice which is proper under the circumstances. Meetings should never be called or scheduled with the intention of excluding the minister or any other member.

Elders or any other persons in a congregation are always free to assemble and to discuss church affairs, with or without the minister present. However, any formal gathering of the Session which is not called as provided above is not a meeting, and no action may be taken.

The committee feels that the above interpretation brings clarity to the proper intent of session meetings and makes the following recommendation.

Recommendation 4: That Recommendation 4 of the Permanent Committee on Judiciary, "That General Assembly concur in this interpretation and that it be included in The Cumberland Presbyterian Digest", be adopted. 2001, page 359.


Minister Counted Toward Quorum of Session

4.4 INTERPRETIVE, 1958.

Concerning the memorial from Mayfield Presbytery pertaining to the quorum for a session: We concur in the Permanent Committee's opinion that a minister does count toward a quorum. 1958, p. 171.


Quorum of Session May Grant Letter in Absence of Minister

4.4 INTERPRETIVE, 1959.

We concur in the opinion of our Permanent Committee on Judiciary which reads:

"A legal quorum of elders present may receive members by transfer of letter and give letters of dismission, but in the event a legal quorum is not present, a minister and at least two elders must be present to transact such matters of business." 1959, p. 169.


Whole Session To Be Convened, If Possible, for Receiving and Granting of Letters

4.4 INTERPRETIVE, 1944.

1. Is it legal and proper for two elders to meet and grant letters of dismission without the knowledge of the remaining members of a church session, when the majority of the church session could be assembled in a short time?

2. Should letters of dismissal granted by two elders and a minister be issued by the regularly elected and acting clerk of the session when he is easily accessible or may two elders and a minister elect or designate one of the elders to act as a clerk for the purpose of issuing such letters?

It is the opinion of our committee that...the Confession of Faith is sufficiently clear on these items; therefore, your committee simply answers both questions with the answer, "No."

Your committee sees where it is possible to abuse said item of the Confession of Faith, and therefore we humbly suggest that at all times and on all occasions that all elders and servants of the church in official capacities be respected. 1944, p. 137.


Pastors Serving in Armed Forces Reserves to Execute Agreements

4.5a ADVISORY, 1986.

Chaplains...serving in the Armed Forces Reserves are subject to mobilization (possibly immediately) by the Armed Forces. The Council, therefore, continues to recommend that pastors who also serve in this reserve capacity execute agreements with their individual congregations to cover this contingency. 1986, p. 216. (Parentheses in original)


Baptism of Infants, Duty of Parents

4.5e ADVISORY, 1845.

In the judgment of this General Assembly it is the duty of parents professing godliness to have their children baptized. 1845, p. 285, MSS.


Baptism of Infants, Duty of Ministers and Elders

4.5e ADVISORY, 1897.

The Constitution makes it the duty of ruling elders to urge upon parents the importance of presenting their children for baptism. It is hardly necessary to say in this connection that it is the duty of the minister in charge of a church to indoctrinate his people on this subject.

We recommend that you call the special attention of your presbyteries to the dereliction of parents in this matter and to the importance of instructing their ministers to impress upon the people their duty. Ruling elders, too, should be made to feel a responsibility for any neglect of this important matter in their various churches. 1897, pp. 45-46.


Baptism of Infants, Belief in Not Required

4.5e INTERPRETIVE, 1946.

Although the words "infant baptism" are not to be found in the Bible, the Cumberland Presbyterian Church regards infant baptism as a Bible doctrine, basing its belief on the inferences thereof concerning infants.

However, it is the sense of your committee that one who does not accept this doctrine has not committed an offense against the church doctrine which would call for his excommunication. 1946, p. 125.


Church School and Bible Classes Under Direction of Session

4.5i INTERPRETIVE, 1889, 1897, 1976.

We recommend that this General Assembly emphasize to the presbyteries, and through them to the congregations, the fact that all Sabbath schools should be under the care of church sessions, and that the sessions should assume and maintain the control of the schools. 1889, p. 46.

Your committee has had the question referred, "Who shall control Sunday Schools?" The Constitution says the church session is to establish and control Sabbath-schools." We recommend that you construe this to mean that the session has the right to control the Sunday school in all particulars, as it does any other department of church work." 1897, p. 45.

It is our belief that the key to a strong and effective Christian education program in the local congregation is strong leadership. Leadership is available in our congregations, but Christian education usually receives a low priority when assigning or electing persons to leadership roles in the churches. We believe that no work of the church is more important than Christian education and that churches ought to consider assigning top quality leadership to those functions which are for purposes of Christian education.

The most effective leadership in each congregation is usually concentrated in the session.

Recommendation 13: That General Assembly encourage presbyteries to remind the elders of the various churches of their responsibilities for the doctrines and conduct of the members under their care, and for the establishing and control of church schools and Bible classes. 1976, p. 189.


Christian Education Curriculum, Session Responsibility

4.5i INTERPRETIVE, 1965.

Recommendation: We recommend that pastors and church sessions assume and fulfill their responsibilities in helping our congregations to have a good curriculum of sound Christian education. 1965, p. 200.


Financial Support of Members Required

4.5j ADVISORY, 1853.

Resolved, that each session and presbytery be, and is hereby recommended and required, by reasonable and proportionate assessment, or otherwise, as they may deem best suited to their circumstances, to bring every member of each congregation to bear a part in meeting the current expense of the congregation and to aid the general enterprises of the church. 1853, p. 79.


Session to Review Pastor's Salary Annually

4.5j ADVISORY, 1969.

That each church session give due consideration each year to the pastor's salary in light of living conditions in the community. 1969, p. 201.


Finance Committee May Recommend Salary Raises

4.5j INTERPRETIVE, 1987.

A Board of Finance of a local church has the right to make recommendations to the session regarding salary raises of the church's employees. 1987, p. 123.


Promotion of Planned Gifts Recommended

4.5j ADVISORY, 1993.

That the General Assembly urge each congregation to recognize the importance of promoting planned gifts as a part of its overall nurture of Christian stewardship among its members. 1993, p. 265.


Laypersons Can Be authorized to Conduct Public Worship

4.5k INTERPRETIVE, 1892.

Your committee therefore are of the opinion that a presbytery has the right to authorize laymen to hold such public services, in other words, to grant to laymen the license implied in the Constitution and in this sense has a right to license "exhorters" or "lay preachers" and they recommend that this General assembly make a deliverance in accordance herewith, 1892, p. 25.


Elders' Service as Lay Leaders in Other Congregations

4.5k INTERPRETIVE, 1988.

(See Constitution 2.71, INTERPRETIVE, 1988.)


Ministers of Other Denominations May With Approval Serve communion

4.5k INTERPRETIVE, 1987.

An ordained minister, although of another church, may serve the Lord's Supper in a Cumberland Presbyterian church, provided this minister has been approved by a judicatory (that is, a presbytery) of the church. 1987, p. 123, 216.


Elders May Not Serve Lord's Supper Without Ordained Minister

4.5k INTERPRETIVE, 1987.

Elders may not serve the Lord's Supper without an ordained minister who is in charge. 1987, p. 123.


Support for American Bible Society

4.5l ADVISORY, 1965.

We call attention to the observance of the 150th anniversary of the American Bible Society in 1966.

Recommendation: We recommend that each church, in keeping with the action of the 1964 General Assembly, put an item in its budget, or take an offering on Universal Bible Sunday in 1966, for the American Bible Society, 1965, p. 183.


Missions Committee to be Appointed

4.5l ADVISORY, 1968.

We recommend that each local church establish a missions committee. 1966, p. 180.


Rotated Elder Cannot be Representative to Higher Judicatories

4.5m INTERPRETIVE, 1955.

A memorial from McAdow Presbytery asks about the status of a rotated elder. ...such person shall not be eligible to represent his church at presbytery, synod, or the presbytery at the General Assembly. 1955, pp. 181-182.


Representative Not Compelled to Vote as Instructed

4.5m INTERPRETIVE, 1873.

Is a ruling elder, when sitting as a member of presbytery, bound to vote according to instructions given by the session that appointed him, upon the questions of approval or disapproval of constitutional amendments proposed by the General Assembly to the presbyteries, or has a church session the right to instruct in such a case:

Answer: In representative governments the people have the right to instruct their representatives, who are under obligations to obey; but we know of no law of this church which imposes like obligations upon representatives. 1873, p. 30.


Representative Should Vote Will of Body Electing

4.5m INTERPRETIVE, 1952.

It appears to this committee that it is a reasonable and altogether tenable assumption that since our form of government is a representative one, all officers of any of the church courts of the denomination are under definite obligation to reflect the known desire or will of those whom they represent. Such officers are chosen to "represent" (to speak and act for, by delegated authority) their constituency and not to voice their personal views or desires. The church session should be acquainted with the will of its congregation and be governed thereby, except in such cases where such will would be harmful to the best spiritual interests of such congregation. The presbytery, synod or General Assembly ascertains the minds of the people through the representatives chosen to represent them in these various courts, and it is presumed that the elders representing the congregations and the pastors or ministers, know the wishes of the majority, and truly speak the voice of that majority--in other words, that they truly express the "wishes" of those whom they represent.

The General Assembly of 1873 held:

"In representative governments the people have the right to instruct their representatives, who are under obligations to obey; but we know of no law of this church which imposes like obligations upon representatives." We are of the opinion that, although there is no constitutional or statutory law requiring it, the sense of moral obligation would require that a "representative" truly and accurately "represent"; that he should speak and vote the mind of those whom he represents. Any other conception of duty on the part of representatives is wholly repugnant to, and destructive of the true concept of representative government. The representative of a church session to presbytery is not merely an individual. The session and congregation are in presbytery in his person. His is the voice and vote of the people whom he represents. A commissioner to the General Assembly is not merely an individual. He is the presbytery; the presbytery is present in the Assembly in his person. 1952, pp. 124, 125, 152.


Representative Not in Harmony With Body Elected Should Resign

4.5m ADVISORY, 1899.

(See Constitution 5.6t, ADVISORY, 1899.)



Excusing Elders from Attendance at Presbytery

4.5m INTERPRETIVE, 2002.

The presbytery is made up of the ordained ministers and the elders elected by the sessions within a prescribed area.  It is the opinion of the Permanent Committee on Judiciary that since elders are elected to represent the session at the meeting of the judicatory, excuses for non-attendance should come from the session.  (Editor's note:  Presbyteries excuse sessions, and sessions excuse their own elected representatives.)  2002, pp. 170, 171.


Congregation to Review General Assembly Minutes

4.5n ADVISORY, 1969.

That the Assembly concur in the recommendation that the Minutes of the General Assembly should be reviewed before each congregation, and that the Stated Clerk be responsible for calling this re-emphasis to the attention of the churches. 1969, pp. 180-181.


Lower Judicatories to Review General Assembly Minutes

4.5n ADVISORY, 1975.

One means of strengthening the synods, presbyteries, and local churches is to implement the General Assembly standing rule G-3:

"Each church court (synod, presbytery, and church session) should study the minutes of the Assembly in order to implement actions and programs into lower courts. Any errors should immediately be called to the attention of the Stated clerk."

We recommend this rule be carried out at every judicatory level. 1975, p. 214.


Nature and Scope of Authority of a Commission Appointed to Govern a Church

4.6 INTERPRETIVE, 1998.

 Recommendation 2: If the members of the session also constituted the board of trustees, then the commission constitutes the board of trustees.  If there are separately elected trustees, then the commission may continue them in office or elect new trustees if necessary.

Recommendation 3: If the duty [to authorize loans and mortgages] was set forth when the commission was established or the commission was subsequently authorized to do so, it may.  Otherwise, it may not.  1998, p. 315.


Elders as Communion Celebrants

4.6 INTERPRETIVE, 2003.

The elder designated by the Session must be an active elder of the particular church where the Lord's Supper is to be served. The elder chosen must be trained by the Committee on the Ministry of the presbytery, and the one chosen must serve under the authority of an ordained Cumberland Presbyterian minister. The period is granted for one year. 2003, p. 175.



Inefficient Clerks to be Removed

4.7 ADVISORY, 1889.

Whereas, it is very important that the true statistics of the church should be obtained, and whereas, this work cannot be accomplished unless the stated clerks of presbyteries and the clerks of church session will do their whole duty; therefore,

Resolved, 1. That it shall be made the imperative duty of the Stated Clerk of the General Assembly to report to presbyteries the names of the clerks of church sessions who fail to discharge their obligations in this particular, and that the presbyteries be directed to urge upon church sessions the removal of their inefficient clerks of sessions and the appointment of faithful ones in their stead. 1889, p. 52. Reaffirmed 1891, 1897, 1899, 1922.


Statistical Forms and Records Requested by General Assembly

4.7 ADVISORY, 1852, 1853, 1877, 1884.

Resolved: That the Stated clerk be, and he is hereby, instructed to prepare blanks that will enable the churches to make full and complete reports to the presbyteries, the presbyteries to the synods, and the synods to the General Assembly. 1852, p. 20.

Resolved: That the several presbyteries be and are hereby recommended to furnish themselves with blank forms of reports, printed as per order of the Assembly, and make their annual report to the Stated Clerk of the Assembly at an early period after the meeting of the presbytery next preceding the Assembly. 1853, p. 55.

Resolved: That the Stated Clerk have published with the Minutes a statistical report, whenever he may be able to secure one which may be approximately correct; and whenever necessary to do so, he will place himself in direct communication with the church sessions. 1877, p. 35.

Resolved: That this General Assembly ask the presbyteries throughout the church to demand of their stated clerks full and complete statistical reports from the congregations within their jurisdictions. 1884, p. 34.


Stated Clerk of General Assembly to Complete Blank Reports Where Able

4.7 INTERPRETIVE, 1926.

In response to the memorial from Talladega Presbytery concerning church statistics, we recommend that the Stated Clerk of the General Assembly be instructed to fill up the reports of any churches which fail to report, using for this purpose the latest figures he can obtain and making use of any other available and reliable information he may possess. 1926, p. 124.


Pastors to Assist In and Certify Annual reports

4.7 INTERPRETIVE, 1936, 1963.

Therefore be it resolved, that Owensboro Presbytery memorialize the 1937 General Assembly to instruct the pastors of the several churches to aid and assist the session clerks in making their annual report, and that the data assembled shall be correct as far as possible. Granted. 1937, p. 42.

We the Princeton Presbytery, memorialize the General Assembly to authorize the Stated Clerk of the General Assembly to provide a place on the annual congregational report for the pastor to certify that he has examined the report, and that it is correct to the best of his knowledge. We recommend that the request in the memorial from Princeton Presbytery be granted. 1963, pp. 170, 193.


Members of All Meetings of Presbytery

5.1 INTERPRETIVE, 1933, 1961.

Is a minister who is otherwise eligible for membership in a presbytery or non-delegated synod, but who, for any cause, fails to attend the preceding stated meeting of the body, barred from sitting as a member of the body at called meeting thereof?

Answer: No. A minister is a member of his presbytery and synod and cannot be barred from any of its meetings. 1933. p. 110.

The memorial from the Logan Presbytery has two parts. The second question includes the seating of a minister who is already a member of the presbytery. His name only has to be called to determine his presence or absence. 1961, p. 179.


Ministers Not Members of Local Congregations

5.1 INTERPRETIVE, 1908.

In the matter of the memorial from Foster Presbytery, your committee recommend that the General Assembly affirm and approve the construction of the law as contained in the following resolution adopted by that presbytery:

Resolved: That it is the sense of this presbytery that an ordained minister in the Cumberland Presbyterian Church cannot legally be a member of any local congregation or "particular church" and that no church session is authorized either to receive such minister to membership or to grant letters to ordained ministers as church sessions have no jurisdiction over them. 1908, p. 79.


Members Should Attend

5.1 ADVISORY, 1815

No excuse for non-attendance shall be deemed good, unless it be embraced by what is called a providential hindrance. Minutes of Cumberland Synod, 1815.


Presbytery's Right to Deal with Delinquent Members

5.1 , ADVISORY, 1841.

Presbyteries have the right to call on all delinquent members and deal with them. 1841, p. 710. MSS.


Presbyterial Membership Transferred with Change of Boundaries

5.1 INTERPRETIVE, 1865.

Your committee appointed on the minutes of Iowa Synod would report that they have examined the minutes of that synod of September 1863, and find that by a resolution of that body, the membership of Rev. Wm. Lynn was changed from Iowa to Oskaloosa Presbytery without changing the boundaries of those presbyteries. This in the opinion of your committee is a departure from our Book of Discipline. We can conceive of very extreme circumstances when such action is justifiable, but in such cases an account of the circumstances should be spread upon the minutes. 1865, p. 173.



Excusing Elders from Attendance at Presbytery

5.1 INTERPRETIVE, 2002

The presbytery is made up of the ordained ministers and the elders elected by the sessions within a prescribed area.  It is the opinion of the Permanent Committee on Judiciary that since elders are elected to represent the session at the meeting of the judicatory, excuses for non-attendance should come from the session.  (Editor's note:  Presbyteries excuse sessions, and sessions excuse their own elected representatives.)  2002, pp. 170, 171.


Dual Membership by Ministers Allowed Only as Provided in Constitution

5.2 INTERPRETIVE, 1985.

A minister cannot hold dual membership in the Cumberland Presbyterian Church and a church with which we have a reciprocal agreement except as provided in Sections 5.2 and 5.3 of the Constitution of the Cumberland Presbyterian Church. 1985, p. 230.


Reciprocal Members of Presbytery

5.3 ADVISORY, 1984.

That ministers of other churches who hold membership in Cumberland Presbyterian Church presbyteries by reciprocal agreement be designated reciprocal members. 1984, p. 194.


Clerk to Pursue Establishing Reciprocal Agreements

5.3 ADVISORY, 1991.

We concur in recommendation 2 "That the Stated Clerk take the initiative in pursuing reciprocal agreements with those denominations named by the General Assembly." 1991, p. 264.


Reciprocal Members of Presbytery Must Actually Perform Ministerial Duties

5.3 INTERPRETIVE, 1985, 1988.

The title "pastor emeritus" is an honorary title and in order for a minister of another church to be enrolled in a presbytery of the Cumberland Presbyterian Church and have the rights and privileges of such membership the minister must be serving in a ministerial capacity in the union church and that such service must relate to a duly established relationship carrying the obligation to actually perform ministerial duties. 1985, p. 230.


Minister Retired from Union Congregation, Status of

5.3 INTERPRETIVE, 1988.

What is the status of a minister serving in a union congregation when that minister retires?

When the status of retirement is requested by a minister serving in a union congregation, the presbytery of the denomination of the pension program in which the minister is enrolled shall be the resident membership of the retired minister. It is expected that both presbyteries of the union congregation will celebrate the life and ministry of the retiree and approve the dissolution of the call and transfer the minister to the appropriate presbytery. 1988, pp. 184- 185.


Dual Membership by Ministers Allowed Only as Provided in Constitution

5.3 INTERPRETIVE, 1985.

(See Constitution, 5.2 INTERPRETIVE, 1985.)


Ministers Serving Union Congregations Hold Membership in Both Presbyteries

5.3 INTERPRETIVE, 1988.

Where will the membership of ministers serving union congregations be?

In both the local presbytery of the Cumberland Presbyterian Church and the presbytery of the Presbyterian Church (U.S.A.). When the union church pastoral relationship is dissolved, the minister shall return to single membership in the presbytery of call. 1988, p. 184.


Each Church in a Parish Entitled to Representation

5.4 INTERPRETIVE, 1887.

Your Committee on Minutes of the Synod of Pennsylvania report that we have examined the same, and find them well arranged, in good order, and in the main in accordance with your Constitution.

On page eighteen we find what we consider a departure from the teaching of your book:

That where two or more congregations are confederated together under the care of one minister, as pastor or supply, their right to representation in their individual capacity is conceded to the confederation, and while thus united are entitled to but one representative.

1. We think this action of the synod tends to an unequal distribution of power among the churches, allowing the pastor of one church equal power with the power of two or more churches.

2. We do not believe an elder can represent a congregation in synod, of whose Board of Elders he is not a member. 1887, p. 21.


Representation of Union Congregations Based on Membership Reported in Yearbook

5.4 INTERPRETIVE, 1983.

A union congregation's right to representation in presbytery and synod (is) based upon that part of its membership which is listed in the Yearbook of the Cumberland Presbyterian Church. 1983, p. 260. (Editor's parentheses)


Representation Prerequisites Can be Established

5.4 INTERPRETIVE, 1961.

We concur in the Permanent Committee's opinion that a presbytery does have the authority to make the payment of presbyterial dues a prerequisite for a congregation's representation in a presbyterial meeting. The memorial is answered in the affirmative. Each presbytery can make its own standing rules and can establish its own regulations within the framework of the Constitution. 1961, p. 179.


Representative Seated After Church is Received

5.4 INTERPRETIVE, 1860.

The Iowa Synod held that the Des Moines Presbytery had acted with "irregularity in receiving an elder as a representative and electing him as a clerk of Des Moines Presbytery before his congregation was taken under the care of presbytery." On appeal to the Assembly, the synod was sustained. 1860, p. 72.


In Exceptional Cases Presbytery Can Seat Elder Not Elected by Session

5.4 INTERPRETIVE, 1895.

The law of our church requires the appointment or election of delegates to presbytery, but the committee do not now undertake to declare that there may not be exceptional instances that would make it proper for the presbytery to accept other evidence of the right of an elder to represent his congregation. 1895, p. 42.

______________________________________________________________________________________________
Representation of Church Under the Jurisdiction of a Commission

5.4 INTERPRETIVE, 1998.

We recommend that the answer to question 4.g. (Does such a commission[commission appointed to govern a church] have the authority to elect one of its members to represent the church at a meeting of presbytery?  The [permanent] committee says: no) be the following:


Recommendation 4: No, a church under the jurisdiction of a commission cannot be officially represented at a meeting of presbytery. 1998, p. 316.



Records of Preparation for Ordination Put in Minutes

5.6a INTERPRETIVE, 1964.

That the memorial from Hopewell Presbytery concerning the records of preparation for ordination be granted. Further, that the presbyterial committees on the ministry be charged with this responsibility, and that they include this information in their reports to presbyteries; and that the new Commission on the Ministry be charged with giving direction to presbyteries on how these records should be kept.

Memorial from the Hopewell Presbytery Concerning Presbyterial Records of Preparation for Ordination

Whereas, the ordination to the full work of the gospel ministry is a matter of great importance to the church both locally and universally, and

Whereas, the Cumberland Presbyterian Church has increasingly given emphasis to the importance of the ministry and preparation thereof, and

Whereas, both the integrity and the effectual witness of the whole church is called into account in the solemn rite of ordination to the gospel ministry, and

Whereas, the presbyteries are the authenticating and ministering court of the church in granting ordination;

Therefore be it resolved: First, that the presbyteries be instructed to make full record of procedures leading to each ordination. Such records shall include a resume of the probationer's "in care history" from reception under the care of the presbytery to ordination; and a clear account of the manner in which the probationer has satisfied the requirements of the Cumberland Presbyterian Church for ordination. 1964, p. 149.


Format for Reporting Licensures and Ordinations

5.6a ADVISORY, 1974.

That the following format be used by all presbyteries and synods in their minutes in the reporting of licensures and ordination.

Reporting of Licensures and Ordinations

Licensures

(Name of new licentiate) 1. Note whether the licentiate graduated from Bethel College or some other institution approved by the presbytery.

2. Note whether the licentiate was given a waiver and state reasons for the waiver.

Ordinations

(Name of the one ordained) 1. Note whether the person being ordained graduated from Memphis Theological Seminary or some other institution approved by the presbytery, or completed the Program of Alternate Studies.

2. Note whether the person being ordained was given a waiver, and state reasons for waiver.

If no licensures or ordinations are made during the reporting year, the following format should be used by presbyteries and synods.

"The ____________________ presbytery/synod reports NO licensures or ordinations during the past year." 1974, p. 199.


Ministers Ordained Only by Process of Trial and Licensure

5.6a INTERPRETIVE, 1858.

There are but two ways by which a man can become a member of a presbytery: 1) By regular process of trial, licensure, and ordination, whereby he is constituted a minister of Jesus Christ; 2) By a letter of dismission and recommendation from one presbytery to another.

To constitute a man a minister of Christ and clothe him with full ecclesiastical authority by a simple declaration or resolution is wholly unknown to the Constitution of our church and is without precedent. 1858, p. 19.


Ordination of Persons Called to Union Congregations

5.6a INTERPRETIVE, 1988.

How are ordinations of persons called to union congregations to be performed?

Ordination is to be performed by one of the participating presbyteries. Upon accepting the ordained minister into membership, other participating presbyteries grant the minister the full rights and privileges and thus he/she becomes a full member for the duration of service in the union congregation. Only a union presbytery could ordain to more than one church and in such instances participation in benefits programs of one but not more than one church must be declared by the minister. The responsibility to exercise discipline is a requirement of all presbyteries of which a minister is a member. Accepting the discipline of the presbytery is assumed in accepting membership in the presbytery. 1988, p. 184.

[See Also Pertinent Ruling on Receiving and Granting Letters in Constitution 5.06b.]


Internship/Supervised Ministry to be Instituted for Ministerial Candidates

5.6a ADVISORY, 1995.

That there be an institution of an internship/supervised ministry for the ministerial candidates with presbyteries being responsible for implementation and oversight. 1995, p. 302 .


Reception and Dismissal of Ministers are Acts of Presbytery

5.6b INTERPRETIVE, 1880, 1897.

Your Committee on the Minutes of Ohio Synod would report that we have had in our hands the records of 1878 and 1879. We find in them no record of a departure from our standards except that the synod authorizes the stated clerk of the Muskingum Presbytery to receive and enroll as a member of said presbytery any one presenting to him a letter of dismission and recommendation. This your committee thinks is not Presbyterian. 1880, p. 16.

A great deal of looseness has grown up on account of presbyteries' directing their clerks to give letters "if called for," and by receiving ministers "on the faith of a forthcoming letter," as shown by the report of the Stated Clerk, it appearing that eight ministers are reported, each being a member of two presbyteries at the same time. This practice is clearly contrary to the law. In 1880 the Assembly held that the stated clerk of a certain presbytery could not "receive and enroll as a member of said presbytery any one presenting to him a letter of dismission and recommendation."

If a clerk cannot "receive and enroll," he certainly cannot issue a letter "if called for." The one calling for a letter on such conditions is either a member of the presbytery when it adjourns or he is not. If he is not, there could arise no occasion later for his calling for a letter. If he is a member of the presbytery on its adjournment, the granting of a letter by the stated clerk is not a presbyterial act, and hence contrary to the law. 1897, p. 44.



Authority of Minister in Presbytery Ceases When Letter Granted

5.6b INTERPRETIVE, 1948.

From Little Rock-Burrow Presbytery:

When does a minister's official authority cease in a presbytery; upon the moment the presbytery votes to grant the letter, or upon the letter having been placed in his hand by the stated clerk?

Since it requires the vote of the presbytery to receive or constitute a minister a member of the body, we think it is the vote of the presbytery which terminates such membership and not the writing or delivery of the letter into his hands by the clerk. The letter is not his membership, but only testimony he had been a member and is entitled to favorable consideration for membership wherever he may apply. 1948, pp. 11, 145.


Letter of Minister Granted by Vote to Grant, Not Promise to Grant

5.6b INTERPRETIVE, 1948.

Does a presbytery grant a letter when it votes upon the request of a member that he "be granted a letter at the close of the meeting of presbytery"?

The presbytery, having voted that it will grant a letter at a given time in its proceedings, does not grant the letter. It is only a promise to do so. To fulfill the promise, a vote to (now) grant the letter would be necessary. 1948, pp. 111, 145. (Parentheses in original)


Letter Over One Year Old Not Valid

5.6b INTERPRETIVE, 1948.

The letter granted to a minister may not be used as evidence of good standing after twelve months from its date of issue. ...When holding a letter which is more than one year old he should present same to the presbytery granting the letter and furnish satisfactory evidence of his good conduct during the period of his lost membership. If he cannot conveniently be present at a meeting of the presbytery granting said letter and desires to become a member of another presbytery, he should present his letter with satisfactory statement and evidence of good moral standing and may then be received on probation, but his previous ordination will be recognized as valid. 1930, p. 125.


Letter Over Two Years Old Does Not Demit from Ministry

5.6b INTERPRETIVE, 1901.

We recommend that you further declare that there is no provision in our organic law making the holding of a letter for two years operate as a demission from the ministry, nor has the General Assembly any power to make it so operate, except in conjunction with the presbyteries, by amending the organic law. 1901, p. 56.


Jurisdiction Over a Dismissed Minister

5.6b INTERPRETIVE, 1859, 1930.

Is a minister, while holding a letter, under the jurisdiction of the presbytery which gave such letter?

Your committee are of opinion that a minister in such a case is amenable to the presbytery granting the letter.

Is the holder of such a letter to be considered a member of the presbytery which granted the letter?