the church, it becomes the churches, that are sent to, seriously to inquire, whether there be good grounds for meeting together. In case of a Mutual or any other Council, deliberation on this point is reasonable; in respect to Ex-parte Councils, it is imperative. So much so, that the subject arrested the attention of the General Association of Massachusetts, and that highly respected body at their session of 1823, passed the following vote; That it be recommended to the ministers, connected with this Association, not to attend Ex-parte Councils, without much deliberation, and obvious and urgent necessity.*

§ 171. An Ex-parte allowable only on the refusal of a Mutual Council.

One point in particular is to be noticed by the churches sent to. They have a right to expect, that it be explicitly stated in the Letters Missive, whether a Mutual Council has been requested and refused, or not. If such statement do not appear in the Letter Missive, the USAGE of the churches would not approve of their assembling. A Mutual Council is the regular and ultimate tribunal.

* The following passage from Cotton Mather's RATIO DISCIPLINE Sufficiently indicates, that increased care was very early deemed to be necessary in respect to the calling of Ex-parte Councils." The pastors of the churches, to whom an aggrieved person, under the neglect of the church to do any thing for the relief of his distress, has made his complaints, do not rashly at once read his Letters to their churches. But having informed themselves, as thoroughly as they can of the case, they signify, unto the pastor of the church complained of, what they have received, and ask him to let them know, whether the difficulty cannot be removed without their coming to them as a Council, or whether they have any just objection to make against their coming to them. For the management of these preliminaries, the pastors either have an interview, or else by messengers hold such a communication with one another, as is needful to their concurrence in the action."

To such a council the aggrieved person or persons have a right. It is only in case of the refusal of their application for such an one, that they have a right to an Exparte Council. The latter tribunal is designed only for their security in cases of necessity; but not to support them in any violation of wholesome and established practices.

§ 172. Proceedings of Ex-parte Councils.

The Council arrive at the place appointed, and being called to order, and having organized by the choice of a moderator and scribe, they open their session with supplications. Their proceedings are commonly, in the first instance, in some public place; and at the commencement of their inquiries, notice is given, of the time and place of their meeting, to the church, of which the aggrieved are members, and to the pastor of the same. If the church and pastor decline paying any attention to. the notice given, the Council govern themselves accordingly, and proceed to business. But if they consent to attend, they have liberty to make a statement of the circumstances of the case, and to give the reasons, why they declined joining in a Mutual Council.

Having given the aggrieved party a hearing also, if it should appear, that the circumstances of the case, as now exhibited, do not justify their being called together,' nor require their interference, they proceed no further. If, on the contrary, they see reason for examining the subject laid before them, they feel themselves justified, by established principles and practice, to give such examination, and to decide upon the question submitted.

§. 173. Further proceedings of Ex-parte Councils.

Generally the evidence, relating to the case, and the arguments are given in public.-" Retiring then, (says.

Mather, RAT. Disc. Art. Ix,) to the place of their more private entertainment, they there consider over again all, that has been laid before them. Every member of the Council may, with leave of the Moderator, declare their sentiments.

The result is drawn up in a proper instrument; wherein they first report what they find, and then advise what they would have to be done; usually fortifying their advice with pertinent passages of the sacred Scriptures, annexed unto each of the articles.

If they find, that the person hath not suffered such injury as he pretends unto, he comes off as unhappily as Felicissimus did; who, after he was excommunicated in his own congregation, made, as an injured person, his appeal to a Synod; but the Synod ratified and confirmed the sentence of excommunication against him.”

§ 174. Proceedings of the Ex-parte Council in relation to the church.

The statement in the ancient RATIO DISCIPLINE proceeds as follows." If they find the person to have suffered palpable injury, they endeavor to convince the church of it, and advise them to restore the injured person unto his former station. They order, if the church refuse this, or refuse to give the Council an account of the matter, (a thing, that perhaps never happened,) the person to be admitted into some other church of the neighborhood, and so unto communion with them all.

The church persisting in their irregularity, they run the hazard of a proceeding, which was never above once come into, viz. The Council, communicating the true state of the case unto the churches, that sent them, and obtaining from them a ratification of their judgment, they dó, by a solemn act, withdraw communion from that church, or from as many in it as will go on to abet, and maintain the unjust censure, which has been passed in it.

But, blessed be the glorious Head of the church! the interposition of his Holy Spirit, working on the minds of his people, while they are in his way thus waiting on Him, still obtains the ends, which they aim at, and prevents such dreadful extremities."

§ 175. Object and necessity of Ex-parte Councils.

The species of councils under consideration undoubtedly wear at first a forbidding appearance; nor can their true value be rightly estimated without contemplating them in their ultimate, as well as immediate results, and in their connection with, and influence on the whole system. In judging of the value, therefore, of these councils, it ought to be kept in mind, that one great object of Congregationalism is to preserve every individual, whatever his standing, in the full possession of such religious rights, as are recognized in the scriptures. And it was as a security of the fulfilment of this laudable intention, that Ex-parte councils were at first introduced and authorized.

Established USAGE requires the assembling of a Mutual Council in the first instance; but as the system recognizes no other force than that of persuasion, and as truth and duty do not always avail against the influence of sinister motives, it was foreseen, that Mutual Councils would sometimes be refused by the unjust party. It became a serious question then, in what way the rights of aggrieved persons should be preserved under such circumstances? And the principle, finally settled upon, was, that they might appeal to the churches at large through the medium of an Ex-parte council.

Such councils, therefore, are a sort of key-stone to the system; they bind, and consolidate the arch of the fabric, and give it strength, Those unjust and violent procedures, which so often characterize a dominant party, receive in this way a serious check. All persons under

discipline have the power of compelling a respect for their rights; and the churches proceed, both in their treatment of ministers and of brethren, with the full knowledge, that their doings are liable to be reconsidered and annulled by a Mutual Council, and in case that be refused, by an Ex-parte one. As the object, therefore, is to maintain every person in his just rights, and as it does not readily appear in what other way it can be secured, the necessity of the power of assembling Ex-parte Councils corresponds to the greatness and urgency of the end had in view.

§ 176. The necessity of them superseded by consociations.

These views apply to the churches generally. But where there are consociations, or standing Mutual Councils of any kind, there does not appear to be equal occasion for Ex-parte Councils; provided such permanent Councils are obliged to listen to the complaints of individuals. And this is the fact in those churches among us, which have adopted that plan.*

"In case any difficulties, (says the seventh of the Saybrook articles,) shall arise in any of the churches of this colony, which cannot be issued without considerable dis

*That Ex-parte Councils are excluded by consociations, as at present constituted, is fully the opinion of those, among whom the latter system prevails. The subject was brought before the General Association of Connecticut in 1821; and a committee was appointed to report on the question; Has an Ex-parte Council authority to organize a church from the members of another gospel church, without the consent of the church, to which such members belong?

The report was made in 1822, accepted, and printed in the proceedings of the Association. It considers the Consociation to be the supreme tribunal, which is so constituted as to consult impartially the rights and duties of all. Every man, who is justly aggrieved, may claim its assistance; but its decisions cannot be questioned and subverted by any other tribunal.