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 V 1 
 
 2 
 
 3 
 
 1 
 
 " 2 
 
 3 
 
 [: 4 
 
 5 
 
 6 
 
F 
 
 CAN. 
 
 JOHN 
 
 AN 
 
RULES 
 
 AND 
 
 FORMS OF PROCEDURE 
 
 IN THB 
 
 ..■\ 
 
 CHURCH COURTS 
 
 or THE 
 
 CANADA PRESBYTERIAN CHURCH. 
 
 AOOPTED AD INTERIM BY THE SYNOD. 
 
 f^ 
 
 • — 
 
 JOHN LOVELL, PRINTER, ST. NICHOLAS STREET. 
 
 AND MAY BE HAD AT THE OPPICB OP THE CJIUnCH, 
 KNOX COLLKGE, TORONTO. 
 
 1865. 
 
V 
 
 
 C » V 
 
 .iA 
 
NOTE. 
 
 The Comuuttec entrusted with the preparation of a 
 book of '•' Rules and Forms of Procedure," reported to 
 the Synod of 18155 that, in carrying out the objnct of 
 their appointment, they had adopted the book in use in 
 the United Presbyterian Church in Scotland as a basis, 
 making such alterations on it and additions to it as 
 appeared necessary to adapt it to our necessities in this 
 Province. 
 
 On this report the Synod came to the following decision : 
 " Receive the Report of the Committee, com- 
 mend THEM FOR THEIR DILIGENCE J REAPPOINT THEM 
 WITH INSTRUCTIONS TO GIVE THE BOOK GREATER COM- 
 PLETION, IN ORDER THAT IN THE AMENDED STATE IT 
 BE SENT DOWN TO PrESBYTER7ES, WITH INSTRUCTIONS TO 
 REPORT TO NEXT SyNOD ; THE SyNOD FURTHER ADOPT 
 
 THE Rules and Forms op Puockdure, ad interim." 
 In accordance with these instructions, the Committee 
 have now completed their work, have published a suflScient 
 number of copies to meet immediate demands, afl&xing to 
 them only such a price as will suffice to cover the cost of 
 
IV 
 
 printing tliis edition, and now send the book to Presbyte- 
 ries. Presbytery clerks will please attend to the distribu- 
 tion of the copies now transmitted, and remit the amount 
 charged to the Rev. Wm. Reid, Knox College, Toronto, 
 from wliom also additional copies may be obtained. 
 
 Alex. F. Kemp, M.A., 
 
 Convener. 
 
 
 Ba 
 
 Se( 
 
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pcsbyte- 
 iistribu- 
 amount 
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 I.A., 
 
 nvener. 
 
 
 TABLE OF CONTENTS. 
 
 INTRODUCTION. 
 Basis of Union — Minutes of Synod on Union. 
 
 , Pages xi-xir. 
 
 CHAPTER I. 
 
 On thb Constitution, Powers and Duties of thb different 
 
 Church Courts. 
 
 Seotion 1. — Sessions.-— Uovr composed, — duties and powers, — 
 moderator,— clerk,— quorum, — meetings, — business, — priv- 
 ileges, — representiitives, — relation to ministers and otiier 
 sessions, — admission of churcli members, — disjunctions, — 
 rolls,— districts Pages 1-5. 
 
 Section II. — Presbyteries. — how composed, — powers and duties, 
 — new presbyteries how formed, — moderator, — clerk,— 
 quorum, — procedure at meetings, — times of meeting, — roll, 
 — occasional and pro re ri'ita meetings, — presbyterial visita- 
 tions, — records sent to Synod, — meetings during Synod,— 
 assessors, — associates, — relations of one presbytery to 
 another Pages 5-9. 
 
 Section III. — Synods. — how constituted, — powers, — moderator, 
 — times of meeting, — quorum, — roll,— -business, — records, 
 — reports to Assembly Pages 9-10. 
 
 Section IV. — Gineral Assembly. — Supreme Court, — how consti- 
 tuted, — Commissioners, how appointed, — roll, how prepared, 
 — quorum, — powers, — times of meeting, — opening services, — 
 Synod reports, — moderator, powers and duties, — sederunts — 
 committees, — committee of bills and overtures, powers and 
 duties, — pleadings, how conducted, — overtures, how beard, 
 — call to order, — absent members, — committee of the whole 
 house, — deliberations, — Assembly's decisions final, may 
 alter, amend, and dispense with forms, — meetings, how 
 closed Pages 10-17. 
 
 Section V .-—Mmission of Ministers and Licentiates. — those 
 designated and commissioned, — those with certificates only, 
 — examination of applicants, — application to Synod, — appli- 
 cants to appear at Synod Pages 17-18 
 
 Section VI — LicenHna; of Students. — time when,— production of 
 ceriificates, — preliminary trials, — application to Synod, — 
 probationary trials, — ^judgment of presbytery, — mode of 
 ijcense, — extract granted Pages 18-19. 
 
vi 
 
 Skction VII — Fonnw/a— questions at ordination of ministers, — 
 for licensing of students, — for ordination of Elders and 
 Deacons, — Formula to be signed by OlDce-bearers. Pages 19-22. 
 
 CHAPTER II. 
 
 REFEnENCES, APPEALS, CoMPLAINTS, PETITIONS, DiSSENTS, AND 
 
 OVERTUUKS. 
 
 Section I — References — for advice, — simpliciler, — commission- 
 ers to state reference, — for good cause, — dissents, — vvlio may 
 dissent, — reasons, — mere dissentient no riglit of appearance, — 
 jiro'esis and Hppeuls,— dissents and complaints, — e.xtract8 Jo 
 be granted, - when protests and complaints sist proce- 
 dure, — reasons, when to be lodged,— answers to reasons, 
 members (li.ssenting lake no pari in ]irei)aring, — parties, who, 
 and how heard, — decision, — case dismissed or su«tained,— 
 absence of parties, — petitions, by whom, — how transmitted, 
 —overtures, what and how originated, — Barrier Act 
 
 Pages 22-2t. 
 
 CHAPTER III. 
 
 On THE Formation op Congregations, the rights op Church 
 Members, and Management op Consreoational Affairs. 
 
 Section I. — Formation of Coniircgotiom. — Who may apply, — 
 neighbouring sessions informed, — Presbytery makes inquiry, 
 — constitutes a church, — Elders to be elected and ordained, — 
 Trust Deed or constitution, — new places of worship, Presby- 
 tery consulted about Pages 28-29, 
 
 Section II. — Hi^l'ts of Members. — Who are members,— how ad- 
 mitted, — qualifications, -r.ghts to ordinances, and to vole at 
 m'-eiings, access to courts of the church, — disjunctions by 
 whom and when granted, — how certificates are to be re- 
 ceiveil, — se sions to consult one another about restoration of 
 members to fellowship Pages 29-32. 
 
 Section III. — Congregational ajfafiVs.- -Meetings, various kinds 
 of, and how appointed, — presidert and officers, — precentor, 
 qualifications of, and how chos.^n, — financial concerns, im- 
 portance of, — title deeds and trustevS, — Deacons' court, duties 
 of, — rules for regulating congregational affairs, — to be sanc- 
 tioned by the presbytery, — members not to seek redress in 
 civil courts, — may complain if dissatisfied with any proceed- 
 ing to the presbytery, — stipend of minister, — duty of mem- 
 bt-rs to contribute liberally, — stipend not to be reduced with- 
 out consulting presbytery, — the presbytery may inquire into 
 arrears, and see that stipend is paid Pages 32-38. 
 
vn 
 
 CHAPTER IV. 
 
 PrOOKDURI in MODBIIATIONS AND IN THE OllDINATION OF MINISTERS. 
 
 Section I. — Procedure in Moderations. — Congregations must 
 petition presbytery for, through the session, — petition and 
 roll to be presented by commissioners, — presbytery inquires, 
 and if satisfied grants moderation in a call, — procedure at 
 moderations, — signing of call, — additional signatures,— pres- 
 bytery's procedure on call,— •undue method to obtain for- 
 bidden Pages 38-41. 
 
 Section II — Settlement of a jlfmis/cr.— Without charge, pro- 
 cedure, — competing calls, — disappointed congregation may 
 complain,— minister may refer to presbytery for advice,— 
 translations, — within a presbytery, — from another presbytery 
 —parties to be cited, — pleadings, — decision, — church preached 
 vacant, — trials for ordination of a preacher,— trials of mis- 
 sionary, how conducted Pages 41-45. 
 
 Section HI — Ordination and Induction. — Ordination, appointment 
 of, and procedure at, — objections may be offered and how 
 dealt with,— how ordained, — duty of managers, — induction, 
 bow effected, — resignation how dealt with, and to whom 
 tendered, — ministers in matters of temporalities to submit to 
 church courts, — missionaries, how ordained Pages 45-47. 
 
 CHAPTER V. 
 
 Election and Ordination of Elders. 
 
 Section I. — Who elect elders, — number of elders, — congrega- 
 tion may petition, regarding, — election appointed, — manner of 
 electing, — trial of qnalifications of elders elect,— edict to be 
 served, — objections may be offered, — procedure at ordination, 
 — election in vacant congregations, — elders must be regularly 
 elected, — hold oflBces for life, — may resign Pages 47-50. 
 
 duties 
 p sanc- 
 ress in 
 roceed- 
 niem- 
 i wiih- 
 re into 
 
 32-38. 
 
 CHAPTER VI. 
 
 Chdrch Discipline. 
 
 Section I — Discipline in General and Church CcnsMrcs.- Grounds 
 of discipline,— scandal, what, — church censure when proper, 
 — officious intermeddling forbidden,— subjects of discipline,— 
 inquiry by whom to be made, — after five years prescribed,- 
 ends of discipline, — church rulers to be prudent, — censures, 
 — admonition, what and how administered, — rebuke, what 
 and how administered, — suspension, what its object, — sus- 
 pended persons to be cared for,— suspension from office, — 
 deposition. — pYf".^^r>....,i(.ation^ what and how administered. 
 
 Pages 60-53. 
 
 a2 • 
 
• •• 
 
 vm 
 
 Section II. — DUcipHne of private member*.— Oases taken up by 
 sessions on complaint, report, or own motion, — private deal- 
 injfs enjoitipd, — seasion to niiilce private inquiry, — not boiiud 
 by inimiie furma,— party apprised, — complaint to be wriilen,— , 
 prttcesa in absence of parties,— witnesses, how examined,— 
 affldrtvits wlicn roceived, — decision of st'ssion, — impartiMJity 
 and firmness enjoined, — no law agents, but assistance allowed 
 to parlies, — censure should be proportional to offence, — ses- 
 sion not to depose or excommunicate without consulting 
 presbytery, — a member complaining must prosecute, — ses- 
 sions may sist procedure,— may suspend in the meantime,— 
 disjunctions not granted to persons under discipline,— juris- 
 diction of sessions Pages 53-58 
 
 Section III. — Trial of Office-bearers, — Elders and Deacons tried 
 by session, — ministers by presbyteries, — reports, when to be 
 examined into, — complaints by private parties to be written, 
 — |)recognltion, what and how made,— process in case of con- 
 fession, — process by libel, — when served suspension follows, 
 —contumacy, — committee to prosecute,— libel how framed 
 and served,— relevancy, what— proof— process in case of 
 heresy, — disputes between minister and congregation,— 
 devidive courses,— minister removed charge declared vacant, 
 — reasons of decisions to be stated, — parties t3be kept to the 
 record Pages 58-62. 
 
 Section IV.— On Evidence, — Competent witnesses, — husband 
 and wife as witnesses, — credibility, — more than one witness 
 n<-cessary, — not be examined in presence of one another,- 
 on oath, — testimony recorded,- commission, — member of 
 court may give testimony, — new trial,— proper questions,— 
 leading questions incompetent, — either party may object and 
 appeal,— exculpatory proof,- pleadings Pages 62-65. 
 
 Section V. — On Citationii, — Of persons, apud acta, — how served, 
 — how framed, — of witnesses, — to be repeated, — service to be 
 certified, — of congregations through whom service,— by 
 members of presbytery,— duty to appear by representatives, 
 —if no appearance citation repeated, — of church courts, — 
 appearance either by representation or jointly and severally, 
 —Synod may cite presbyteries, apud acta Pages 65-67. 
 
 Section VI — Restoration from censure, — What and by whom, — 
 process of persons fleeing from discipline, — cautions in the 
 case of office-bearers, — in case of ministers, supreme court 
 consulted,- restored members not to be upbraided,— of the 
 excommunication, how, Pages 67-69. 
 
 CHAPTER VII. 
 
 On Colleges. 
 
 Section I. — Knox Cotlege. — Act of Incorporation, — Declaration 
 of principles Pages 69-7.3. 
 
bisraMr-'- 
 
 IX 
 
 SiOTiON U.'—Govemmemt. — Board of management powers and 
 duties, — Sennto, powers and duties, — Principal, title and 
 oflfice,— n|ip()intnipnt and n-nioval . f prorcssors and tulura, — 
 of sessions and udiuission of students, — certiHcutes. . . 
 
 Pages 73-77. 
 
 Section IFI.— TAc CurrtVu/Mm.— Theological, — first, scond and 
 third years, — committee to prescribe literary course Page 77. 
 
 Section IV. — Montreal CoUeitf.— Act of incorporation, — decla- 
 ration uf principles, — organization reserved Pages 78-79. 
 
 Section V. — Board of Examination. — How constituted,— rules 
 for its government Pages 79-81. 
 
 APPENDIX. 
 
 
 1.— 
 
 2.- 
 
 3.- 
 
 4.- 
 
 5.- 
 
 6.- 
 
 7.. 
 
 8.- 
 
 9.. 
 10.. 
 11.- 
 12.- 
 13.- 
 14.. 
 16.. 
 16.- 
 
 17.- 
 
 18.. 
 19.- 
 20.- 
 21.. 
 22.- 
 23. 
 24.- 
 25.- 
 26.- 
 
 Form of Tntimation on Moderation of Call 82 
 
 Form of Call to a Minister 82 
 
 " " to a Colleague 82 
 
 Concurrence in a Call 83 
 
 Adherence to Call by Members not present 8? 
 
 ■Attestation of a Call by Moderator and Elders 83 
 
 ■Edict for the Ordination of a Minister 83 
 
 Citation in Cases of Translaticm or Resignation 84 
 
 •Declaration of Pastoral Charge Vacant 84 
 
 ■Formula for the Ordination of Missionaries 84 
 
 Edict for the Ordinaiiun of Elders 85 
 
 Certificate of License 85 
 
 ■Form of Transference for Students on Trial 86 
 
 Presby tprial Certificate 86 
 
 Form of Elder's Commission 86 
 
 ■Forms of Libel 87 
 
 1. — Libel for Immorality 87 
 
 2. — Libel for Heresy 88 
 
 Order by Presbytery on a Libel 89 
 
 Form of Citation in Libel 89 
 
 Form of Oath of Witness 89 
 
 Oath of Purgation 89 
 
 -Form of Deposition 90. 
 
 •Forms of Overture 90 
 
 Form of Memorial and Petition 91 
 
 ■Presby terial Certificate to n Student 91 
 
 ■Ordinary Certificate of Membership 92 
 
 Standing Orders • . 92 
 
^ i^wMW^*"^' 
 
 2T. — Regulations Anent Presbytery Records 94 
 
 28.— Distribution of Probationers 94 
 
 29. — Home Mission llogtilations 95 
 
 30. — Widows' and Orphans' Fund 96 
 
 31. — Aged and Infirm Ministers' Fund 98 
 
 32. — Act for Constitution of General Assembly 99 
 
 33. — Synod's Deliverance on Baptism 101 
 
 34. — .\n Act Respecting the Union 103 
 
 35.— Model Trust Deed for C. \V 106 
 
 3«._Do. do. C. E 106 
 
 37. — Memoranda about Trust Deeds 108 
 
 ] 
 
94 
 
 94 
 
 95 
 
 96 
 
 98 
 
 99 
 
 . 101 
 
 ., 103 
 
 . 106 
 
 . 106 
 
 108 
 
 INTRODUCTION. 
 
 BASTS OP UNION BETWEEN THE PRESBYTERIAN CHURPH 
 OP CANADA, AND THE UNITED PRESBYTERIAN CHURCH 
 IN CANADA. 
 
 The Presbyterian Clinrch of Canada and the United 
 Prcsbyterim Church in Canada, believinir that it would be 
 for the lilory of God, and lor the advancement of the cause 
 of Christ in the hind, that they should be united, and form 
 one Church, do hereby agree to unite on the following 
 Basis, to be subscribed by the Moderators of the respective 
 Synods in their name and behalf; declaring, at the same 
 time, that no inference from the fourth article of said 
 Basis is held to be legitimate, which asserts that the Civil 
 Magistrate has the right to prescribe the faith of the 
 Church, or to interfere with the f'reednm of her ecclesias- 
 tical action ; further that un: nimity of sentiment is not re- 
 quired ill regard to the practical applications of the prin- 
 ciple embodied in the said fourth article and that whatever 
 differences ol' sentiment may arise on these subjects, all action 
 in reference thereto shall be rciiulated by, and be subject 
 to, the recounist'd princi|»les of Presbyterian Church order. 
 
 I. Op IIoi-y S( ripi urk. — That the ^'criptures of the 
 Old and New Testa monts. being the in'^pired Word of God, 
 are the supreme and infillible rule of fiith and life. 
 
 II. Op the Subordixatk Standards.— That the 
 Westminister Confession of Faith, with the Larger and 
 Shorter Catechisnis^ are received by this Church as her 
 Subordinate Standards. 
 
 But whereas certain sections of the said Confession of 
 Faith, which treat of the power or duty of the Civil Magis- 
 tr.ito, have been objected to, as teaching principles adverse 
 both to tliP right of private judgment in religious matters, 
 
zu 
 
 BASIS OF UNION. 
 
 and to the prerogative which Christ has vested in his Church, 
 it is to bo understood : 
 
 1. That no interpretation or reception of these sections 
 is held by this Church, which would interfere with the ful- 
 lest forbearance as to any difference of opinion which may 
 prevail on the question of the endowment of the Church 
 by the State. 
 
 2. That no interpretation or reception of these sections 
 is required by this Church, which would accord to the 
 State any authority to violate the liberty of conscience and 
 right of private ju^lgnicnt which are asserted in cap. xx. 
 sec. 2, of the Conf ssion : and in accordance with the 
 statements of which this Cliurch holds that every person 
 ought to be at full liberty to se irch the Scriptures for him- 
 self, and to follow out what he conscientiously believes to 
 be the teaching of Scripture, without let or hindrance ; pro- 
 vided that no one is to be allowed under the pretext of fol- 
 lowing the dictates of conscience, to interfere with the peace 
 and good order of society. 
 
 3. That no interpretation or reception of these sections 
 is required by this Church, which would admit of any in- 
 terference on the part of the State with the spiritual inde- 
 pendence of the Chui'ch, as set forth in cap. xxx. of the 
 Confession. 
 
 III. Of the Headship of Christ over the Church. 
 — That the Lord Jesus Christ is the only King and Head 
 of His Church ; that He has made her free from all external 
 or secular authority, in the administration of her affairs, 
 and that she is bound to assert and defend this liberty to 
 the utmost, and ought not to enter into such engagements 
 with any party as would be prejudicial thereto. 
 
 IV. Of the Headship op Christ over the Nations 
 AND THE Duty of the Civil 3Iagistrate. — That the 
 Lord Jesus Christ, as Mediator, is invested with universal 
 sovereignty, and is therefore King of Nations, and that all 
 men, in every capacity and relation, are bound to obey his 
 will as revealed in His Word ; :ind particularly, that the 
 Civil Magistrate (^including under that term all who are in 
 any way cone rned in the Legislative or Administrative 
 action of the State) is bound to regulate his official proce- 
 dure, as well as his personal conduct, by the revealed will 
 of Christ. 
 
BASIS OF UNION. 
 
 Xlll 
 
 V. Op Church Government. — That the system of 
 polity established in the Westminster form of Presby- 
 terian Church Government, in so far as it declares a plu- 
 rality of Elders for each conjrregation, the official equality 
 of Pnsbyterp, without any officers in the Church superior 
 to the said Presbyters, and the unity of the Church, in a 
 duo subordination of a smaller part to a larger, and of a 
 larger to the whole, is the Government of this Church, and 
 18, in the features of it herein set forth, believed by this 
 Church to be founded on and agreeable to the Word of God. 
 
 VI. Op Worship. — That the ordinances of worship shall 
 be administered in this Church, as they have heretofore 
 been, by tho respective bodies of which it is composed, in 
 a general accordance with the directions contained in the 
 Westminister Directory of Worship. 
 
 Concluding Minute of each of ike Synods. 
 
 The Synod of the Presbyterian Church of Canada, con- 
 sidering that a Basis of Union with the United Presbyterian 
 Church in Canada has been prepared and adopted by the 
 Synods of both the Churches, and upon being remitted lor 
 the consideration of Presbyteries and Sessions, has been by 
 them accepted and approved ; and considering that all other 
 preliminary arrangements have been, by the help of God, 
 completed. Do now, recounting with fervent gratitude all 
 the goodness and mercy which her Divine Head has vouch 
 safed in the past to the Presbyterian Church of Canada 
 blessing His holy name for having led them and their breth- 
 ren of the United Presbyterian Church in Canada to such 
 a measure of harmony of sentiment and cordiality of feel- 
 ing; humbly trusting that the God of all peace v/ill accord 
 His sanction to the solemn and interesting step which they 
 are about to take, and earnestly praying that the reviving, 
 sanctifying, and comforting influences of the Holy Spirit 
 may largely descend on the united Church, to enable her 
 Ministers, Elders and People to value and improve the pri- 
 vileges they enjoy, and perform the duties incumbent on 
 them : Resolve, and hereby record their resolution, forth- 
 with to repair as a constituted Synod to the Wesleyan 
 Church, Great St. James Street, the appointed place of 
 meeting, that they may there, as arranged, unite with their 
 
mmitm 
 
 XIV 
 
 HASIS OF UNION. 
 
 brethren of the United Presbyterian Church in Canada, and 
 form one Synod, to be designated and known as the Synod 
 of The Canada Puesbytehian Church; praying that 
 henceforth they may be enabled to walk together in the fear 
 of God and in the comfort of the Holy Ghost, striving 
 together for the faith of the Gospel, for the purity of divine 
 ordin nces, and f r the increase of the Church of Christ: 
 and the Synod declare that the united Synod shall be con- 
 sidered identioid with the Synod of the Presbyterian Church 
 of Canada, and shall be entitled to, and shall have all the 
 authority, rights, privileges, and benefits to which this 
 Synod is now entitled, and declaring further that each of 
 the congregations under its inspection, whether it shall 
 adopt a name to be hereafter agreed upon, or shall retain^ 
 as it shall be permitted to do, the name by which it has 
 hitherto been designated, shall not be held, though coming, 
 in consequence of this union, under the inspect on of the 
 Synod of the united Church, as in any way changing its 
 ecclesiastical connexion, or impairing any civil rights which 
 it now possesses and enjoys. 
 
RULES 
 
 AND 
 
 FORMS OF PROCEDURE. 
 
 CHAPTER I. 
 
 ON THE CONSTITUTION, POWERS, AND DUTIES OF THE 
 DIFFERENT CHURCH COURTS.* 
 
 BUSINESS. 
 
 Section I. — Sessions. 
 
 1. A Session is composed of the Minister or Ministers 
 and Elders of a congregation. 
 
 2. The duty of a session is to examine and 
 admit members into the communion of the 
 church, or receive the certificates of persons coming from 
 other congregations — to grant certificates to members leav- 
 ing the congregation — to watch over the Christian deport- 
 ment of the members of the congregation — to exercise dis- 
 cipline over them when required, by admonition, rebuke, 
 suspension, or exclusion — to restore members who have 
 been suspended or cut oflF from privileges — to care for the 
 Christian instruction of the young — to fix the hours and 
 
 • The " Court," as used here, and throughout these pages, 
 simply denotes ministers and elders, regularly met for the dis- 
 charge of their deliberative duties, in session, presbytery, Synod, 
 or General Assembly, and it conveys no idea of authority beyond 
 that of spiritual administration. 
 
mt. 
 
 2 
 
 SESSIONS. 
 
 [chap. I 
 
 order of public worship — to appoint the time of the dispen- 
 sation of the Lord's Supper, and make provision for it — to 
 appoint congregational iasts or thanksgivings — and in the 
 absence of Deacons to provide for the necessities of the 
 poor — to call congregational meetings when they see it 
 necessary — to examine and judge of the qualifications of 
 persons elected to the eldership and dcaconship — to receive 
 and judge of petitions from the members — to transmit 
 papers to the presbytery — and, in general, to superintend 
 the religious interests of the congregation. 
 
 3. The minister, as teaching elder, is the 
 MODERATOR, pg^petual modcrato.'. When there are two 
 ministers, they preside alternately, or otherwise as may be 
 settled between them ; the one who is not presiding sits as 
 an ordinary member. 
 
 4. The duty of the moderator is to constitute and con- 
 clude each meeting with prayer — to preserve order — to 
 take the votes of the members — to announce their decis- 
 ions — to see that they are properly recorded, and to ad- 
 minister censure in accordance with them. The modera- 
 tor may deliver his sentiments from the chair, and has a 
 casting vote in case of an equality ; but no deliberative 
 vote. 
 
 5. In the absence of the minister, any other minister 
 having authority from him presides. When the minister 
 dies, or is removed, or temporarily suspended from his 
 charge, the presbytery nominates one of its members to 
 moderate in the session. Without the presence of a min- 
 ister, no meeting of session can be held. 
 
 6. The session appoints a clerk, whose 
 ' ' duty is to keep regular minutes of the meet- 
 ings fairly transcribed into a book kept for the purpose ; 
 and a treasurer, if necessary, to take charge of the funds 
 at the disposal of the session. 
 
 7. The moderator and two elders constitute 
 
 QUORUM. 
 
 ^ a quorum. 
 
 8. Sessions, so far as practicable, hold stated 
 meetings for the transaction of ordinary 
 
 business, and it is the duty of every member to attend to 
 them ; they may also hold frequent meetings for devotional 
 exercises and religious conference. 
 
CHAP. I 
 
 SECT. I.] 
 
 SESSIONS, 
 
 B dispen- 
 )r it — to 
 id in the 
 a of the 
 y see it 
 ations of 
 receive 
 transmit 
 (crintend 
 
 ler, is the 
 e are two 
 ,s may be 
 ng sits as 
 
 and con- 
 Drder — to 
 eir decis- 
 nd to ad- 
 e modera- 
 ind has a 
 liberative 
 
 minister 
 
 minister 
 
 from his 
 
 smbers to 
 
 of a min- 
 
 k, whose 
 Ithe meet- 
 J purpose; 
 Ihe funds 
 
 ionstitute 
 
 i)ld stated 
 J ordinary 
 (attend to 
 levotional 
 
 PROCEDURE AT 
 MEETIxNGS. 
 
 9. The moderator has the power to convene the session 
 whenever he may judge requisite, and he is bound to do so 
 when required by one-third of the elders. The session is 
 bound also to convene when directed so to do by the pres- 
 bytery. All meetings must be summoned either by inti- 
 mation from tlie pulpit, or by personal notice to the mem- 
 bers, on the authority of the moderator. 
 
 10. After a meeting is constituted, the 
 names of the members present are taken 
 down, and the minutes of last ordinary 
 meeting, and of any occasional meetings which have inter- 
 vened, are read, and when found correct, are signed by the 
 moderator and clerk. 
 
 ^«.„T,^^^c ^^,.,w,r, , 11- Sessions have the riy;ht of 
 
 PRIVILEGES, POWERS, ^ t. t-' i *•*• i ^i 
 
 AND DUTIES representation and petition to the 
 
 presbytery, and through it to the 
 Synod and General Assembly. They may also originate 
 overtures to the presbytery. Synod, or Assembly. These pe- 
 titions or overtures are in writing, and if addressed to the 
 Synod or Assembly are presented to the presbytery for 
 transmission. 
 
 12. It is the right and duty of every session, whether in 
 a settled or a vacant congregation, to appoint one of the 
 elders to sit as its representative in the presbytery and Synod. 
 The commission for this purpose is renewed at least once 
 a-year. The elder appointed should be punctual in his 
 attendance at these courts, and his expenses, as well as 
 those of the minister, ought to be defrayed by the congre- 
 gation. When the congregation is vacant, it is his duty, 
 where no commissioners are specially appointed for the pur- 
 pose, to apply to the presbytery for regular .supply of ser- 
 mon. An extract of the session's appointment is produced 
 to the presbytery ; and the roll of the presbytery, certified 
 by its clerk, is sufficient evidence of the elder's authority to 
 sit in the Synod. In cases in which one minister has 
 charge of two or more congregations having separate ses- 
 sions, such sessions shall be regarded as one for the purpose 
 of representation in the Church courts. 
 
 13. The moderator, being a teaching as well as a ruling 
 elder, and being the only person who can preside in the 
 session, it cannot entertain complaints against him. These 
 
SESSIONS. 
 
 [chap. I. 
 
 must be brought before the presbytery, to which direct 
 access is in that case competent, previous notice of the in- 
 tention to complain being always given to the session. 
 
 14. One session has no right to interfere with, or review 
 the proceedings of another ; but it may transmit to it a 
 remonstrance or other communication, or it may complain 
 of any of its proceedings to the presbytery of the bounds, 
 always transmitting to the session complained of a copy of 
 the complaint in due time before the meeting of presbytery, 
 that it may appoint commissioners to appear on its behalf 
 to answer the same. 
 
 ADMISSION OF ^^' ^^'^^"^ app^jing for admission into 
 ' the fellowship of the church, converse with 
 
 the minister, and, if circumstances permit, 
 the elder of the district in which they reside. It is the 
 special duty of the former to ascertain the extent of their 
 knowledge of Divine truth, and of the latter to make such 
 inquiries as may be necessary in regard to their moral char- 
 acter and Christian deportment. The minister and elder 
 severally report to the session ; and on its being agreed to 
 admit the applicants, they signify, either to the minister or 
 the session, their readiness to submit themselves to the 
 session, as set over them in the Lord, and faithfully to dis- 
 charge all the duties of a Christian. 
 
 DISJUNCTIONS. ,, 1^- Certificates of disjunction from 
 the congregation ought regularly to be 
 granted by the session ; but in the intervals of session the 
 moderator has authority to grant them to ordinary mem- 
 bers. Individual elders have no power to grant disjunc- 
 tions. 
 
 17. Sessions keep a roll of the members of the 
 congre<i;ation, which is accessible at all its regular 
 meetings, and is altered from time to time as circumstances 
 require. The roll is, at least, annually revised, and it is 
 specially revised when the congregation has it in view to 
 apply for a moderation in a call. The session also exer- 
 cises a faithful superintendence over the members of the 
 church who have not yet been received into full commun- 
 ion, taking care that, when they leave the bounds, they be 
 transferred to the superintendence of the session of the 
 congregation into whose bounds they pass. 
 
3IIAP. I. 
 
 h direct 
 r the in- 
 on. 
 ir review 
 
 to it a 
 lornplain 
 
 bounds, 
 I copy of 
 ssbytery, 
 ts behalf 
 
 sion into 
 ;rse with 
 3 permit, 
 It is the 
 of their 
 ake such 
 )ral char- 
 md elder 
 igreed to 
 inister or 
 s to the 
 ly to dis- 
 
 )n from 
 
 to be 
 
 sion the 
 
 ry mem- 
 
 disjunc- 
 
 s of the 
 regular 
 instances 
 and it is 
 view to 
 so cxer- 
 s of the 
 ommun- 
 they be 
 of the 
 
 SECT. 11.] 
 
 PRESBYTERIES. 
 
 DISTRICTS. 
 
 TOWERS AND 
 DUTIES. 
 
 18. For thobctter discharge of his duty, each 
 elder has, in ordinary cases, a district of the 
 congregation assigned to him, of the members in which he 
 ought to keep a roll ; and it is his duty to cultivate acquaint- 
 ance with the members, by visiting them not only in afflic- 
 tion, but at other times — to bo ready to counsel and 
 encourage them in every good work, and to give seasonable 
 warning against all appearance of evil. 
 
 Sfct. II. — Pi'csbi/tei'ics. 
 
 1. A Presbytery consists of the ministers of the several 
 congregations within the bounds fixed by the supreme court 
 together with an elder from each ministerial charge. 
 
 2. The duty of the presbytery is to 
 receive and judge in petitions from the 
 sessions of the congregations within its 
 bounds, in complaints or appeals against their sentences, 
 or in references from them — to transmit petitions or 
 overtures addressed to the Synod or General Assembly 
 — to grant supplies of sermon on the application of 
 persons within the district, or to congregations within 
 their bounds, either during a vacancy, or in the event 
 of the illness or absence of the minister — to erect new 
 congregations — to grant admission to the Theological 
 Colleges — to superintend the education of students of 
 theology — to try candidates for license to preach the Gos- 
 pel— to license those who, after examination and the required 
 course of study, are found qualified — to grant moderations 
 in Calls to congregations and to receive, sustain, or reject 
 the same — to try the qualifications of candidates for the 
 ministry, and ordain them to the pastoral office — to receive 
 and judge of complaints against ministers or preachers — to 
 inquire into reports affecting their character — to admonish, 
 rebuke, suspend, depose, or excommunicate offenders — to 
 receive demissions and loose ministers from their charges 
 — to examine, approve or censure the records of sessions, 
 and generally to superintend the congregations and sessions 
 within their bounds. 
 
 3. A new presbytery is formed by the 
 supreme court and in the deed or act 
 constituting it, the bounds are fixed, the time and place of 
 
 HOW FORMED. 
 
 aijiuoi, 7sf- 
 
PRESBYTERIES. 
 
 [chap. I. 
 
 ; i 
 
 its fuKl iiicetinj^ nre appointed, iind ono of the iiiiniHtcrs iw 
 iiuniiiiatcd to be its luoderntor at said meeting. 
 ..^, „„.,.,«„ 4. After beinc constituted by the moder- 
 ator appointed, the presbytery has a right 
 to choose its own moderator. It is usual to appoint a 
 ;icw moderator every six or twelve months. 
 
 5. The moderator's duty is to constitute and conclude 
 each meeting with prayer — to preserve order — to take the 
 votes of the members— to announce the decisions — to see 
 that they arc properly recorded — and to execute the pres- 
 bytery's sentences in censuring offenders. In the event of 
 an equality he has a casting vote, but no deliberate vote ; 
 he is, however, entitled to deliver his sentiments on any 
 subject before the presbytery ; but if he wishes to do so, 
 or is a party concerned, he leaves the chair. 
 
 G. In the absence of the moderator, or in the case of 
 his leaving the chair, his predecessor in office takes it for 
 the time; failing him, the last moderator present; and 
 failing him, the oldest minister ; it being always in the 
 power of the presbytery, after being constituted, to appoint 
 any other as it pleases. 
 
 CLERK ETC '^' '^^^^ prcsbytcry also chooses a clerk, 
 
 ' ' whose duty it is to keep the record or minute- 
 book of its proceedings, to preserve its papers, and to give 
 out and certify extracts of its decisions when instructed by 
 the presbytery ; and a treasurer, to take charge of pecu- 
 niary matters. 
 
 .,_,-___,, 8. Three members — two of whom, at least 
 must be ministers — are necessary to lorm a quo- 
 rum, and to constitute a regular meeting. 
 
 9 After a meeting of presbytery is con- 
 stitated, the roll is called, and alterations 
 arc made on it when rendered necessary by 
 the death, removal, or admission of ministers, or by the 
 appointment by sessions of new representative elders. The 
 sederunt is then taken down, and the minutes of last 
 meeting are read, and, if found correctly recorded, are 
 approved of. 
 
 10. After sustaining the minutes of the preceding meet- 
 ing, all petitions, references, and papers to be submitted to 
 the presbytery are laid on the table. Intimation is then 
 
 PROCEDURE 
 AT MEETINGS 
 
SECT. II.] 
 
 PRESBYTERIES. 
 
 ; least. 
 
 
 TIMES OF 
 MEETING. 
 
 f^iven by the clerk of all cases and business to be brought 
 before it; and the presbytery determines the order in 
 which business is to be taken up ; but if any business has 
 been left over from a preceding meeting, it has the prece- 
 dence in ordinary cases; and if any matter has, at a pre- 
 vious meeting, been specially appointed for consideration' 
 at a particular sederunt, it is to be taken up at the time 
 fixed. 
 
 11. Presbyteries should regulate their proceedings, as 
 nearly as circumstances will permit, by the rules of order 
 laid down for the supreme court, (see Standing Orders.) 
 And it is recommended to them to devote a part of their 
 time to devotional exercises, as circumstances require. 
 
 12. The presbytery meets at stated intervals, 
 and at other times as frequently as is neces- 
 sary for the eflScient discharge of its duties. 
 It is the duty of every member to attend, and absentees 
 may be called to account, or censured, when necessary. 
 Before dismission, the time and place of next meeting are 
 fixed and recorded ; if this be omitted, or if a meeting be 
 not held at the time appointed, the moderator has power 
 to convene a meeting for the resumption of business, which 
 is intimated to all the members, as mentioned in rule 15. 
 When such an event occurs, the presbytery specially reports 
 the circumstances to the Synod at its next meeting. 
 RrtTT ^^* "^^ *^® meeting of the presbytery preceding 
 ' the meeting of Synod, the roll is adjusted, so as to 
 exhibit the names of the elders holding commissions 
 from sessions for the time, and a copy certified by the clerk 
 is transmitted by him to the Synod's clerk, at latest^ eight 
 days before the meeting of Synod, to enable him to make 
 up the roll of Synod. The Clerk shall also transmit, at the 
 time appointed, to the Clerk of the General Assembly, the 
 names of members appointed as its representatives. 
 
 14. The presbytery, besides its ordinary 
 meetings, holds occasional meetings for 
 transacting particular business, at which 
 meetings (denominated in hunc effectum) no other business 
 than that for which they were appointed can be entered 
 upon. 
 
 OCCASIONAL 
 MEETINGS. 
 
8 
 
 PRISBTTERIES. 
 
 [chap. I. 
 
 Pro re naia 
 
 MEETINGS. 
 
 15. If a case of emergency, requiring 
 the immediate interference of the pres- 
 bytery, occur during the interval be- 
 tween its ordinary meetings, the moderator for the time 
 being has the power of calling a meeting, either on his 
 own authority, or in consequence of a requisition from 
 some of the members. This is denominated a jtro re nata 
 meeting. Such meetings are intimated by the moderator 
 himself, or by the clerk upon his authority, to all the mem- 
 bers of the presbytery, both ministers and representative 
 elders. The notices specify the time and place of meeting, 
 together with the business to be entered on, and should be 
 delivered, or put into the post-ofl&ce, at least ten free days 
 before the time fixed. No other business, except what is 
 specified in the notice, can regularly be entered upon. For 
 the manner in which the moderator exercises this power, or 
 for his refusal to exercise it when required, he is responsi- 
 ble to the presbytery. 
 
 16. A presbytery is entitled, when circumstances require 
 it, from rumours of divisions, or irregularities in practice, 
 or otherwise, to order a presbyterial visitation of any of 
 the congregations within its bounds — to call sessions before 
 it — to examine their minutes, and to interfere in any 
 matter which may arise, or which may seem to call for such 
 interference. 
 
 17. The minutes of the presbytery are submitted 
 annually to the Synod for examination. 
 
 18. The whole members of a presbytery being supposed 
 to be present at every meeting of Synod, it is competent 
 for any of the presbyteries to hold a special meeting under 
 the authority of the Synod, intimation being always 
 publicly made of the time and the place of meeting at one 
 of the sederunts of Synod. Unless in very exceptional 
 cases, and for reasons publicly given in court, presbyteries 
 are not allowed to meet during synodical hours. 
 
 19. The Synod has the power of authorising members 
 of one presbytery to sit and vote as constituent members 
 of another, on any particular business, or at any particular 
 time. 
 
 20. When a member of one presbytery is present at a 
 meeting of another, he may be invited to sit and corre- 
 
SECT. Ill,] 
 
 sYNons. 
 
 d 
 
 spond ; and, whenever so invited, is entitled to give hin 
 opinion or adviee in any matter whic) may bo under dis- 
 cussion, but he has no vote. 
 
 21. One presbytery has no right to iiitiifi ro with or 
 review the proceedings of another, but it may transmit to 
 it a remonstrance or other communication, or it msiy com- 
 plain of any of its proceedings to the Synod. In this 
 last case, however, a copy of the complaint should be trans- 
 mitted to the presbytery complained of, in due time before 
 the meeting of Synod, in order that that presbytery may 
 be prepared with its defence. 
 
 Sect. ''.11. — Synods. 
 
 I. A Synod is a court of the church next superior to 
 the presbytery, and is composed of the whole ministers 
 and elders on the rolls of the presbyteries within itp bounds. 
 2. It pertains to the Synod to inspect presby- 
 teries — to examine their records — to consider 
 references from them — to give them dvice or instructions 
 when required — to judge of complaints or appeals against 
 their sentences — to affirm, reverse, or vary these ; — to stir 
 up, exhort, advise, or rebuke presbyteries when necessary, 
 to dispose of overtures, to grant leave to presbyteries to 
 take students on trials for license, and, in general,to attend 
 to all matters relating to the interests of the church 
 within its bounds. 
 
 MODERATOR ETC ^^ I^i^^ the inferior courts, the Synod 
 ' ■ has a moderator, who presides at its 
 meetings, preserves order, takes the votes, announces the 
 decisions, administers censures, and opens and closes each 
 sederunt with prayer ; a clerk who attends to the prepara- 
 tion of, and keeps, the roll of members, frames the minutes 
 of Synod, engrosses them in the records, and is bound to 
 give undivided attention to the business of Synod, to pre- 
 serve its papers, and write out and attest extracts of its re- 
 solutions or decisions when ordered by the court. The 
 moderator is chosen at each meeting. 
 TIMES OP ^' ^^^ ordinary meetings of the Synod are 
 MEETING ^®^^ annually or semi-annually, as may be 
 arranged at the preceding meeting. Special 
 meetings may also be called by the moderator on the requi- 
 

 10 
 
 GENERAL ASSEMBLY. 
 
 [CIIAP. I. 
 
 QUORUM. 
 
 ROLL. 
 
 Hition of fifteen meuiber.s, of which ten days notice shall be 
 given. 
 
 5. Any seven members constitute a quorum 
 
 capable of transacting business, provided there 
 are in said quorum a member or members of at least two 
 different presbyteries and three ministers. 
 
 G. The clerks of the several presbyteries send 
 certified rolls of their presbyteries to the clerks 
 of their respective Synods, at least eight days before the 
 meetings of said Synods ; and such rolls are the rolls res- 
 pectively of the several Synods. 
 
 7. The moderators of said Synods are nominated and 
 appointed by open vote, or in such other manner as the 
 Synod itself may from time to time determine. The busi- 
 ness is conducted in the same manner, mutatis mutandis, 
 as is the business of the General Assembly; and the 
 Synods have power from time to time to frame, alter, and 
 amend such other and additional standing orders as they 
 may deem necessary for their own orderly procedure. 
 
 8. It shall be the duty of the Synod to keep full and 
 fair records of its proceedings, to submit them annually to 
 the inspection of the General Assembly, and to report to 
 the Assembly the number and membership of its pre<5by- - 
 teries, together with the licensures, ordinations, induc- 
 tions, admissions, translations, demissions, deaths, and 
 depositions of their ministers. 
 
 Sect. IV. — The General Assemhly.^ 
 
 1. The General Assembly is the highest judicatory of 
 the Canada Presbyterian Church. It represents in one 
 body, all vhe particular churches of the denomination, and 
 bears the title of The General Assembly of the 
 Canada Presbyterian Church. 
 
 2. The General Assembly consists of 
 one-half of the whole number of the min- 
 isters on the roll of the several presbyteries, with an equal 
 number of representative elders, or of such other pro- 
 portion as may at any time be lawfully determined on ; and 
 said members are appointed in the manner following, viz. : 
 
 constitution. 
 
 * Until the General Assembly is organised, the Rules applicable to it are 
 applicable to the Svnod mutatis mutandis— the General Synod possessing 
 all the powers of the Synod and the General Assembly. 
 
, and 
 they 
 
 THE 
 
 VIZ. 
 
 
 SECT. IV.] 
 
 GENERAL ASSEMBLY. 
 
 11 
 
 (1). At an ordinary meeting of the presbytery, held at 
 least thirty days before the meeting of the General As- 
 sembly, one-half of the proportional number of ministers 
 which any presbytery may have to send are appointed by 
 election ; the otlier half by rotation, beginning at the top 
 of the presbytery roll, and so on in rotation from year to 
 year. The elders are appointed by election from the roll 
 of the presbytery, provided always that it shall be lawful 
 to appoint one-fifth of the number from the acting elders 
 of any of the congregations of the Church ; and the per- 
 sons so appointed are styled Commissioners to the General 
 Assemhh/. 
 
 (2). The presbytery forthwith grants to the ministers 
 and elders thus elected and appointed, commissions in 
 due form, attested by their clerk, which commissions said 
 members forward to the clerk of the General Assembly at 
 least eight days before its meeting ; and the clerk from 
 such commissions prepares an interim roll, to be called at 
 the opening of the Assembly, and which, being amended 
 and corrected, if necessary, is confirmed as the roll of the 
 General Assembly. 
 
 (3). If uneven numbers should occur in the rolls of pres- 
 byteries, they then make an equitable adjustment of the 
 representation thereto, subject always to the review of the 
 Assembly. 
 
 (4). Any fourteen of these commissioners, one-half of 
 whom shall be ministers, being met on the day, and at the 
 place appointed, are a quorum for the transaction of busi- 
 ness. 
 
 3. The General Assembly receives and 
 issues all appeals and references which may 
 be regularly brought before it from the inferior judica- 
 tories. It reviews the records of every Synod, and ap- 
 proves or censures them : it gives advice and instruction 
 in all cases submitted to it in conformity with the constitu- 
 tion of the Church ; and it constitutes the bond of union, 
 peace, correspondence, and mutual confidence, among all 
 the Churches. 
 
 4. To the General Assembly also belongs the power of 
 deciding in all controversies respecting doctrine and disci- 
 pline ; of reproving, warning, or bearing testimony against 
 
 POWERS. 
 
 ■fii^^-'- 
 
..jUsaR!!..', ^ME.' 
 
 12 
 
 GENERAL ASSEMBLY. 
 
 [CHA1>. 
 
 error in doctrine, or immorality in practice, in any church, 
 presbytery, or Synod ; of superintending the education of 
 theological students ; of erecting new Synods and pres- 
 byteries when it may be judged necessary ; of superin- 
 tending the concerns of the whole Church ; of correspond- 
 ing with foreign churches, on such terms as may be agreed 
 upon by the Assembly and the corresponding body ; of 
 suppressing schismatical contentions and disputations ; 
 and, in general, of recommending and attempting reforma- 
 tion of manners; and the promotion of charity, truth, and 
 holiness through all the churches under its care. 
 
 SERMON, ADJUSTMENT , f " ^^^ ^^"^^"^ Assembly meets 
 
 OF ROLL ETC ^* ^^^^^ ^^^^ ^^^^^ ^^^^' ^" ^^^ 
 
 ' ' day appointed for that purpose, a 
 
 sermon is preached by the moderator of the last Assembly, 
 if present, or in his absence by the previous moderator ; 
 and immediately thereafter the General Assembly is 
 constituted by him in the name of the Lord Jesus Christ ; 
 reports are then received from the various Synods of the 
 licensures, admissions, inductions, ordinations, translations, 
 deaths, demissions, or deposition of ministers, which may 
 have taken place within their bounds, with the dates of 
 these events, which are recorded. The roll is then called 
 and the names of those present marked thereon. No com- 
 missioner has a right to deliberate or vote in the Assem- 
 bly until his commission has been presented and his name 
 enrolled by the clerk. A new moderator is then chosen 
 from among the members present, and the person elected 
 immediately tu gs the chair. 
 
 6. It is the duty of the moderator to make himself 
 thoroughly acquainted with the rules, and on no occasion 
 to allow their infraction, but to see that the business is 
 conducted in accordance with them ;* and the Assembly sup- 
 ports him on all occasions in the exercise of his legitimate 
 authority. The moderator has a casting vote in all cases 
 of equality, but no deliberative vote. He is not entitled to 
 speak on any subject before the court, or to make any mo- 
 tion, unless he leaves the chair^ which he can only do by 
 permission of the Assembly ; and in this case, or in the 
 
 * The moderator for this purpose should always have before him a copy 
 of the Rules, as well as the Holy Scriptures and the.Confession of Faitn . 
 
J)(B!i5i>(;;(i!>i-.1S<««;y ,^,j 
 
 a copy 
 Faitt. 
 
 SECT. IV.] GENERAL ASSEMBLY. 13 
 
 event of his necessary absence, the chair is taKen by any 
 member whom the Assembly may appoint. In any case in 
 which the moderator is interested as a party, he must leave 
 the chair, which is filled as above mentioned. When called 
 upon to nominate a committee, the moderator is not re- 
 quired (except in cases where it is obviously necessary) to 
 nominate the members thereof on the instant ; but may do 
 so at some convenient time afterwards, or, in cases of im- 
 portance, at the following sederunt. 
 ar-TM^DT-MTQ '^' Each sederunt is commenced with 
 praise, reading a portion or fecripture, and 
 prayer. The first business of each sederunt after the first, 
 is to read the minutes of the preceding sederunt, after 
 which an opportunity is afforded to any member to move 
 the correction of any inaccuracy he may have observed. 
 
 COMMITTEES ^' ^"^^^^ committee of Assembly has a 
 chairman or convener, and a clerk, who are 
 nominated by itself, if not appointed by the Assembly. 
 Committees cannot meet during the hours of the Assem- 
 bly's sittings, without leave from the court, and their 
 reports to the Assembly are always in writing. Of all 
 committees regular minutes are kept by their respective 
 clerks, and these minutes in general form their reports to 
 the Assembly. 
 
 COMMITTEE OF BILLS ^^ ^"^^^^ ^^^^^ proposed to be 
 AN ovFRTTTRFs Submitted to the Assembly must, in 
 
 the first instance, be laid before the 
 committee on bills and overtures as provided in standing or- 
 ders. For the purpose of enabling the committee more de- 
 liberately to discharge its duties, it is ordered that extracts 
 of the minutes appointing the members of committee, and 
 all papers to be laid before the Assembly, shall be for- 
 warded from the respective Synods and presbyteries to the 
 clerk of the committee, at least eight days before the day 
 of the Assembly's meeting. It is the duty of the clerk to 
 arrange these papers and lay them before the committee, 
 and parties having causes have a right to attend for their 
 interest. The committee has also the power of meeting 
 and reporting from time to time during the Assembly's 
 meeting, as it may find to be necessary or be directed ; all 
 »uoh meetings being announced from the chair. 
 
14 
 
 GENERAL ASSEMBLY. 
 
 [CIIAP. I. 
 
 10. The duties of this committee are the following, viz : 
 
 (I.) To see that all the papers forwarded to their cleric, 
 and laid before them, have been duly transmitted, and are 
 in all respects regular and proper to be laid before the 
 Assembly, ere they decide on their transmission. Before 
 refusing to transmit, they give the parties notice of the 
 objections to transmission, and liberty to aniend their 
 papers, or otherwise obviate the objections, if practicable. 
 The committee's resolutions for or against transmission, 
 may be brought under review of the Assembly by appeal 
 or complaint. 
 
 (2.) To fix a't their first meeting the order of business 
 for at least the firf t and second days of the Assembly. 
 They are charged with the arrangement of the whole busi- 
 ness to be brought before the Assembly, including not 
 merely those causes, the papers in which require to pass 
 under their examination, but also other matters, such as 
 reports of other committees, which are to engage the atten- 
 tion of the Assembly. For the purpose of enabling the 
 committee to execute this part of their duty, conveners of 
 commitees having reports to make are required to commu- 
 nicate to the clerk the nature of these reports, and how far 
 discussion thereon is to be anticipated. 
 
 (3.) To fix not merely the order of the whole business, 
 but also, as far as practicable, the time when each particu- 
 lar cause or matter shall be taken up. After all the papers 
 and documents belonging to the causes have been read, 
 the committee consider and decide on the arrangement of 
 business. It is also an instruction to the committee, that 
 the causes be set down for each day as much as possible in 
 the order of their importance, and that minor matters be 
 not introduced to the prejudice of those which are more 
 important. 
 
 (4.) The conmiittee are authorised, whenever they may 
 think it conducive to the dispatch of business, to report 
 their opinion to the Assembly on the form in which any par- 
 ticular cause should be taken up ; and when any case 
 appears to them suitable for being remitted to a special 
 committee, or to be taken up by a committee of the whole 
 house, they may give a recommendation to that effect. 
 They have also power to order any important overtures or 
 
<^^^f 
 
 SECT. IV.] 
 
 GENERAL AS8EMBLV, 
 
 15 
 
 other papers to be printed Jit the Assembly's expense, and 
 copies to be distributed to the members of court. 
 
 (5). So soon as practicable after the Assembly is consti- 
 tuted, the committee report the causes transmitted, and the 
 order and other arrangements made. As soon as the 
 arrangement of business is fixed upon, a roll of causes is 
 attixed to the door of the Assembly house, and may be 
 printed for the information of the members and parties. 
 
 (6). The convener of the committee gives regular attend- 
 ance on the Assembly, introduces the causes transmitted, 
 reads the papers to the court, and makes such explanations, 
 as the committee may have directed, for the purpose of 
 putting the Assembly more fully in possession of the case. 
 
 11. Parties, in drawing up their papers, 
 PLEADINGS. . -1 11 . °. ^ t ^ > 
 
 are to avoid all acrimonious expressions, 
 and study brevity; and in causes in which commissioners 
 appear, no more than two on each side are permitted to 
 speak. A reply is allowed on each side, but this is con- 
 fined to the statement or explanation of facts, without 
 argument. 
 
 12. When parties in a case have been fully heard, any 
 member of Assembly or Synod may put questions to them 
 relative to facts pertinent to the cauee, through the moder- 
 ator ; they are then declared removed, and are not after- 
 wards allowed to interfere in the discussion. 
 
 13. AVhen an overture comes from a presbytery, not more 
 than two members are heard in support of it, and only 
 one in reply. If there be several overtures on substantially 
 the same subject from difierent presbyteries or Synods only 
 one member from each court is heard in support of them, 
 and only one speech in reply, the speaker being fixed on by 
 the supporters of the overtures. This rule applies to all 
 cases in which presbyteries or Synods are parties before the 
 Assembly. 
 
 14. The moderator has authority to inter- 
 rupt and call to order any member of the 
 court, or party at the bar, who departs from 
 the subject, or infringes the rules of procedure. 
 
 15. Any member of court has a right to call to order, 
 and, immediately on his doing so, the speaker stops until 
 the question of order is determined. The member calling 
 
 CALL TO 
 ORDER. 
 
 '-■:-4irr.-,i«^i*Hsf-. 
 
 •''L^3»OtCi.MQim.i 
 
16 
 
 GENERAL ASSEMBLY. 
 
 [chap. I. 
 
 COMMITTEE 
 OF HOUSE. 
 
 to order is then allowed briefly to state the grounds on 
 which the call has been made ; but no other member is 
 entitled to speak to the point of order, unless with the per- 
 mission or at the request of the moderator, with whom the 
 decision of the point entirely rests ; and members calling 
 to order unnecessarily are liable to the censure of the 
 court. 
 
 For the further management of business, see the Standing 
 Orders of Assembly in the Appendix. 
 
 16. Members of Assembly who have been absent without 
 a sustained excuse, during the consideration and decision 
 of a case, have no right afterwards to re-introduce it, or 
 to dissent from the decision. This rule applies also to 
 Synods presbyteries and sessions. 
 
 1 7. The Assembly,for the greater freedom 
 of discussion, has the power of resolving 
 itself into a committee of the whole house, 
 in which case the moderator leaves the chair, and a chair- 
 man is appointed. A separate minute is taken of the pro- 
 ceedings of the committee. When the Assembly resumes, che 
 moderator takes the chair, and the minutes of the committee 
 are read. The resolution or resolutions formed by it are 
 then approved of, amended, or rejected. 
 
 18. Assemblies, Synods, and presbyteries, are open courts, 
 but they have a right to deliberate with closed doors, when 
 the matter under discussion appears to require privacy. 
 
 19. The Assembly being the supreme court of the church, 
 its decisions are final, and cannot be protested against or 
 appealed from ; nor can they be reviewed by any other court. 
 For the same reason it is entitled, when circumstances 
 seem to require it, not only to alter from time to time any 
 of its forms of procedure, but also in a case of urgent 
 necessity to dispense with the observance of them. These 
 forms are merely intended to point out tho -r^r^si advisable 
 and orderly course to be followed in ordin:.-^ ,.. >3umstances, 
 and are not designed to abridge or limit the undoubted and 
 inalienable right of the church rulers to exert the authority 
 conferred on them by the Great Head of the Church, for 
 the maintenance of her purity, and the edification of her 
 members. 
 
 20. The whole of the business of the Assembly being 
 
f«^<j4kV^ ^-LL-Jiiix- 
 
 SECT, v.] ADMISSION OF MINISTERS. 
 
 17 
 
 are 
 
 finislicd the minutes of the last sederunt are then read and 
 sanctioned. The Moderator may then address the Assem- 
 bly ; after which he declares its present meeting dissolved, 
 and in the name of the Lord Jesus Christ the Kinpr and 
 Head of his church appoints another General Assembly 
 to be held at on the day of 
 
 A. D. The Assembly is then concluded with prayer 
 
 praise and the benediction. 
 
 Sect. V. — Admission of Ministers and Licentiates from 
 
 other Churches. 
 
 1. Ministers and licentiates, of other evangelical Presby- 
 terian churches, who hold and accept the Westminster 
 Standards, in terms of the Articles of Union, and who 
 come in the way of orderly translation, or are expressly 
 designated or commissioned as ministers or missionaries to 
 this church, are, on application to any presbytery, and on 
 producing the proper documentary evidence, at once ad- 
 mitted as ministers or probationers of this church. 
 
 2. In all cases in which an applicant for admission does 
 not come in the manner provided above, but with pres- 
 byterial or private certificates only, he is not received 
 into full standing as a minister or probationer of the 
 church, unless with the express sanction of the Synod. 
 But if on examination of the certificates of such party, at 
 an ordinary meeting of presbytery, and on due consideration 
 of the whole case, the presbytery be unanimous, it may 
 avail itself of the services of the applicant, in the mean- 
 time. 
 
 3. The certificates of such last mentioned applicant 
 are presented to the presbytery at an ordinary meeting 
 thereof, and he is dealt with as the presbytery sees fit, in 
 the way of private conference, examination, and hearing 
 his discourses, with the view of ascertaining his soundness 
 in the faith, personal piety, knowledge, ministerial gifts, 
 prudence, and propriety of deportment ; and if satisfied on 
 all these points, the presbytery records its judgment, and in- 
 structs its clerk to issue circular letters to the presbyteries, 
 in the usual form, as soon as possible, and to transmit the 
 application with relative documents, to the next ensuing 
 Synod. In the event of the Synod granting permission, such 
 
 
 
 ■*- -A 
 
18 
 
 LICENSING OP STUDENTS. [CHAP. I. 
 
 applicant is received by the presbytery and recognised as a 
 minister or probationer, as the case may be, of this Church. 
 4. Ministers from other churches applying for admission, 
 require to appear personally at the meeting of Synod at 
 which such application is made. 
 
 Sect. VI, — Licensing of Students. 
 
 1. No student shall apply for license until the last ses- 
 sion of his theological course is concluded. 
 
 2. When a student applies to any presbytery to be taken 
 on trial for license, he produces certificates from the pro- 
 fessors and senate of the college, or from the professors 
 of any theological college in connection with churches in 
 communion with this church : (1), That he has completed 
 the theological curriculum. (2), That he has delivered the 
 five discourses prescribed to him in the course of his 
 studies. (3), That his character and conduct during his 
 attendance at college, were suitable to his views of life. 
 
 3. The presbytery then examines said student in Latin, 
 Greek, Philosophy, Theology, and Practical Religion. If 
 the examination be sustained, the clerk is directed to make 
 application to the next Synod for leave to take such student 
 on trial for license, certifying at the same time that the 
 requisite certificates had been produced, and the examina- 
 tion had been sustained. 
 
 4. Leave having been obtained from the Synod, the stu- 
 dent then undergoes his public probationary trials. These 
 are examinations : 1, On Biblical Hebrew and Greek. 2, 
 On Theology, Church History, and Government, and on 
 Personal Religion. 3, He also reads before the Presbytery : 
 (1,) A Latin exercise. (2), A Greek critical exercise. 
 (3), A Homily. (4), A popular lecture. (5), A popular 
 sermon. The presbytery may reject any or all of these 
 trials, and may examine the student on his various dis- 
 courses, if it sees cause. 
 
 5. The trials being finished, the presbytery takes a con- 
 junct view of the whole, and records its opinion. If not 
 satisfied therewith, the licensing is deferred, and the pres- 
 bytery acts in the matter as it sees for edification ; if the 
 trials be sustained, the court proceeds to license said stu- 
 
ses- 
 
 a con- 
 If not 
 le pres- 
 
 if the 
 id stu- 
 
 SECTS. VI. VII.] FORMULA FOR ORDINATION, ETC. 19 
 
 dent to preach the Gospel. This is done in the following 
 manner : 
 
 6. (1), He gives his assent to the questions required by 
 the Church to be put in such cases, and either signs the 
 formula, or agrees to sign it when required. (2, The 
 moderator then gives him a suitable address, and after 
 prayer for the divine blessing, does, in the name of the 
 Lord JcEus Christ, and by the authority of the presbytery, 
 license him to preach the Gospel wherever he may be 
 orderly called. The clerk is then instructed to grant an 
 extract of license when asked. 
 
 Sect. VII, — Questions and Formula for Ordination and 
 
 License. 
 1. — Questions to he put to a Minister at his Ordination. 
 
 1 . Do you believe the Scriptures of the Old and New 
 Testaments to be the Word of God, and the only rule of 
 faith and manners? 
 
 2. Do you sincerely own and believe the whole doctrine 
 contained in the Confession of Faith, approved by this 
 church in terms of the Articles of Union, to be founded 
 upon the Word of God ; and do you acknowledge the 
 same as the confession of your faith ; and will you firmly 
 and constantly adhere thereto, and to the utmost of your 
 power assert, maintain, and defend the same, and the purity 
 oi' worship as presently practised in this church ? 
 
 3. Are you persuaded that the Lord Jesus Christ, the 
 only king and head of the Church, has therein appointed a 
 government, distinct from, and not subordinate to that of 
 the civil magistrate ; and that the civil magistrate does not 
 possess jurisdiction or authoritative control over the regu- 
 lation of the affairs of Christ's Church ? 
 
 4. Do you acknowledge the Presbyterian form of govern- 
 ment, as authorised and acted on in this church, to be 
 founded on and agreeable to the Word of God, and do you 
 promise to submit to the said government and discipline, 
 and to concur with the same, and not endeavour, directly 
 or indirectly, the prejudice or subversion thereof, but to 
 the utmost of your power, in your station, to assert, main- 
 tain, and defend the same discipline and presbyterian 
 government by church sessions, presbyteries, Synods, and 
 Assemblies ? 
 
I 
 
 20 
 
 FORMULA OF ORDINATION, ETC. [CHAP. 1. 
 
 5. Do you promise to give a conscientious attendance on 
 the courts of this church, to submit yourself willingly and 
 humbly, in the spirit of meekness, unto the admonitions of 
 the brethren of this presbytery, and to be subject to them 
 and all other presbyteries, and the superior judicatories of 
 this church, where God in his providence shall cast your 
 lot ; and that according to your power, you will maintain 
 the unity and peace of this church against error and schism, 
 whatever trouble or persecution may arise, and that you 
 will follow no divisive course from the present doctrine, 
 worship, discipline, and government of this church ? 
 
 6. Are not zeal for the honour of God, love to Jesus 
 Christ, and desire of saving souls, your great motives and 
 chief inducements to enter into the functions of the holy 
 ministry, and not worldly designs and interests ? 
 
 7. Do you engage, in the strength and grace of Jesus 
 Christ, our Lord and Master, to rule well your own family, 
 to live a holy and circumspect life, and faithfully, diligently, 
 and cheerfully to discharge all the parts of the ministerial 
 work, to the edification of the body of Christ ? 
 
 8. Have you used any undue methods, either by your- 
 self or others, in procuring this call ? 
 
 The members of the Church being requested to stand up, 
 they may signify their assent to the folloiving questions 
 by holding up their right hand. 
 
 9. Do you, the members of this church, testify your ad- 
 herence to the call which you have given to Mr. A. B., to 
 be your minister, and do you receive him with all gladness, 
 and promise to provide for him a suitable maintenance, 
 and to give him all due respect, subjection and encourage- 
 ment in the Lord ? 
 
 To the Minister. 
 
 10. Do you adhere to your acceptance of the call, to be- 
 come minister of this church ? 
 
 11. All these things you profess and promise, through 
 grace, as you shall be answerable at the coming of the Lord 
 Jesus Christ with his saints, and as you would be found in 
 that happy company ? 
 
SECT. VII.] FORMULA FOR ORDINATION, ETC. 
 
 21 
 
 Your- 
 
 to be- 
 
 
 
 IJ. — Questions for (he Licensing of Slvihnfs. 
 
 1, 2, and 3. The same as the foregoing, 
 
 4. Do you promise to submit yourself in the Lord to the 
 authority of the several judicatories of this church, and to 
 the presbytery witliin whose bounds you may be called 
 upon to labour ? 
 
 5. Do you engage, in the strength of Divine grace to 
 live a holy and circumspect life, and faithfully, diligently, 
 and cheerfully to perform all the parts of the work of a 
 probationer for the office of the ministry ? 
 
 ///. — Questions/or the Ordination of Elders. 
 
 1, 2, and 3. The same as foregoing. 
 
 4. Do you engage, in the strength of the grace that is in 
 Jesus Christ, 'o perform with diligence and faithfulness the 
 duties of a ruling elder, watching over tht flock of which 
 you are called to be an overseer, in all things showing your- 
 self a pattern of good works ? 
 
 IV. — Questions for the Ordination of Deacons. 
 
 1, 2, and 3. The same as the foregoing. 
 
 4. Do you accept the office of a deacon of this church, and 
 promise through grace, faithfully and cheerfully, to dis- 
 charge the duties thereof? 
 
 V, — Formula to he signed hy Ministers, Probationers, 
 Elders, and Deacons. 
 
 I do hereby declare that I do sincerely own and believe 
 the whole doctrine contained in the Westminster Confession 
 of Faith, as approved by this Church, in terms of the 
 Articles of Union, to be the truth of God ; and I do own 
 the purity of worship presently authorised and practised in 
 this Church, and also the Presbyterian government and 
 discipline thereof; which doctrine, worship, and church 
 government I am persuaded are founded upon the Word 
 of God and agreeable thereto ; and I promise that, through 
 the grace of God, I shall firmly and constantly adhere to 
 the same, and to the utmost of my power shall, in my 
 station, assert, maintain, and defend the said doctrine, 
 worship, and discipline of this Church, and the government 
 
98 REFERENCES, APPEALS, ETC!; [CIIAP. II. 
 
 thereof, by sessions, presbyteries, Synods, and Assemblies ; 
 that I shall, in my practice, conform myself to the said 
 worship, and submit to the said discipline and government, 
 and not endeavour, directly or indirectly, the prejudice or 
 subversion of the same ; and I promise that I shall follow 
 no divisive course from the present order in the Church ; 
 renouncing all doctrines, tenets, and opinions whatsoever, 
 contrary to or inconsistent with the said doctrines, worship, 
 discipline, or government of this Church. 
 
 CHAPTER. II. 
 
 REFERENCES, APPEALS, COMPLAINTS, PETITIONS, AND 
 <» OVERTURES. 
 
 1. In cases of difficulty or importance, a session, instead 
 REFERENCES °^ itsclf deciding, may refer the cause to the 
 
 presbytery, either /or advice or for judg- 
 ment ; a presbytery, in like manner, may make a reference 
 to a Synod, but in the event of no meeting of Synod 
 occurring before the meeting of the supreme court, then 
 directly to the General Assembly ; a Synod may also refer a 
 case to the Assembly. 
 
 2. When reference is made merely /or adricc, the par- 
 ticular point on which advice is requested should be dis- 
 tinctly stated in writing, and the procedure (so far as con- 
 cerns the point, or anything depending on it) is sisted till 
 the advice is given, after which it is resumed. If reference 
 is xn^^e for judgment, the case is " simpUciter referred," 
 and thenceforward depends before the superior court to 
 which the reference is made, unless it be sent back with 
 instructions. When the reference is for judgment, all the 
 papers connected with the cause must be regularly trans- 
 mitted to the upper court in time for its meeting, with an 
 extract of the deed of reference ; and the parties concerned 
 are warned to appear before that court, by intimation to 
 them personally, if present, or by timely notice sent to 
 them, that they may be heard for their interest. It is also 
 
,v^ .. mi'.. 
 
 SECT. I.] REFERENCES, APPEALS, ETC. 
 
 23 
 
 AND 
 
 "> 
 
 >urt to 
 k with 
 all the 
 
 trans- 
 Fith an 
 cerned 
 ion to 
 ent to 
 
 is also 
 
 the duty of the court making the reference, to appoint 
 commissioners to be present and explain the matter referred, 
 and the reasons for the relerence. 
 
 3. A reference does not prevent the members of the 
 court by which it is made from sitting, deliberating, and 
 voting on it in the superior court. 
 
 4. References are not be made without good cause. It 
 is the duty of the inferior courts to exercise their own 
 judgment, and not to apply to the superior courts, except 
 on points of difficulty or general importance, and after 
 having travelled in the cause as far as practicable. 
 T»Tt!aT?vTa ^- When a member of a court who has 
 
 voted in a cause is dissatisfied with any deci- 
 sion, he may enter his dissent from it, either simply or for 
 reasons to be given. If against the decision of a session 
 or presbytery, the reasons are lodged with the clerk within 
 ten da; s. If against that of the Synod or Assembly they 
 must be lodged at the next sederunt, and may be recorded 
 if required. A party who has brought a case by protest 
 and appeal or by dissent and complaint before the supreme 
 court, cannot enter his dissent against its judgment. 
 
 6. A mere dissent from the decision of an inferior court, 
 does not give a member of that court a right to be heard in 
 the case, should it afterwards come before a superior court, 
 by protest and appeal of the party, or dissent and complaint 
 of another member. 
 
 7. Any party in a cause, who may feel 
 aggrieved by the decision of a session, 
 presbytery or Synod, is entitled to have the 
 
 decision subjected to the review of the immediate superior 
 court ; and if he does not avail himself of this privilege, he 
 is held as submitting to and acquiescing in the sentence pro- 
 nounced, whether as regards the merits of the case or the 
 regularity of the proceedings. In order to secure the pri- 
 vilege of appeal, the party, on the decision being announced, 
 must protest and appeal to the presbytery. Synod or 
 General Assembly (as the case may be), and crave extracts. 
 
 8. If a member of an inferior court 
 who has moved or voted in the cause, 
 is dissatisfied with its decision and wishes 
 
 to bring said decision under the review of the superior court, 
 
 PROTESTS AND 
 APPEALS. 
 
 DISSENTS AND 
 COMPLAINTS. 
 
24 
 
 REFERENCES, APPEALS, ETC. [CHAP. II. 
 
 lie dissents and complains and craves extracts; by which 
 means, as well as by the protest and appeal of a party, the 
 case is brought before the court of review. 
 
 9. Parties complaining or appealing shall, if they de- 
 mand them, be allowed copies of the whole proceedings at 
 their own expense. And in case of references, appeals, or 
 complaints, the judicatory from which the case issues shall 
 send authentic copies of the whole process to the higher 
 courts. 
 
 EFFECT OF ^^' ^ V^P^^^^ and appeal, or a dissent 
 
 ^ „„ „ p and complaint, duly followed by reasons, 
 
 PROTESTS, &C. . . ^ ' l\, ' e ' l j 
 
 ' sists procedure in the interior court, and 
 
 the sentence or decision appealed from or complained against 
 is not to be acted on, until the appeal or complaint is heard 
 and determined. But if the inferior court shall consider that 
 delay to act on or execute the sentence or deed appealed from 
 or complained against would be inconsistent with justice 
 or injurious to the interests concerned, it may resolve to 
 disregard the same, and to act upon the sentence or deed 
 just as if no appeal or complaint had been taken, subject 
 always to the risk' of the consequent procedure being an- 
 nulled, and the censure of the superior court ; or it may 
 pronounce such interim order as the circumstances of the 
 case, and the good order and discipline of the church seem 
 to require ; which interim order, in all cases, takes effect, 
 notwithstanding of any complaint or appeal against it. 
 An appeal or complaint against a judgment which is mere- 
 ly on a branch of the cause, or relates to an incidental 
 point occurring in the course of it, and is not on the merits 
 of the case itself, does not prevent the inferior court from 
 proceeding with the cause and ripening it to a final judg- 
 ment. 
 
 11. When a iwotest and appeal by a party 
 is taken, reasons of appeal are to be lodged with 
 the clerk of the inferior court within ten days, unless long- 
 er time has been allowed. If this be not done, the appeal 
 falls, and the party making it is held to have departed from 
 it. No merabei of court can join in the appeal of a party, 
 but where, having moved or voted in the cause, he dissents 
 and complains he must also give in reasons according to 
 this rule. 
 
 REASONS. 
 
s^ECT. I.] REFERENOKS, AVPKALS. ETC 
 
 25 
 
 PARTIES. 
 
 AW wpRfi ^^' ^^^^ ^^ appeal or complaint is made, 
 
 the court whose sentence is thereby brought 
 under review, appoints a committee of its number to pre- 
 pare answers to the reasons of appe;il or complaint, and 
 afterwards to defend and vindicate its decision. The an- 
 swers, after being prepared, are read and nppioved of by 
 the cotirt, and then transmitted to the superior court, along 
 with the extracts of minutes, and all other papers belong- 
 ing to the cause. Members of court who have complained 
 against the decision, or only dissented from it, have no 
 right to take p irt in the preparation of the answers, or dis« 
 cussion thereon. ' 
 
 13. When other parties are interested in a 
 case thus carried to a superior court, they are 
 necessarily carried along with it, and intimation is made 
 to them, that they may appear for their interest. If pre- 
 sent, they receive intimation from the moderator in the 
 presence of the court. If absent, official notice is sent to 
 them by the clerk. 
 
 JUDGMENT ^^' ^^^." ^^® *PP^.''*^ ^^' complaint is 
 
 entered on in the superior court, it is neces- 
 sary, first of all, to ascertain that it has come regularly 
 before the court, an 1 that the p irtles have all been cited 
 and are present. The papars connected with it are then 
 read : first,the sentence appealed from or complained against; 
 second, the reasons of appeal or complaint and answers; 
 and, third, the whole record of the proceedings in the 
 court below, after which the appellant or complainant is 
 heard: then the commissioner from the session, presby- 
 tery, or Synod, whose decision is under review ; then any 
 other parties having an interest. The appellant or com- 
 plainant being heard in reply, the court proceeds to delibe- 
 rate, and to give its decision. 
 
 15. If the appeal or complaint be judged to be ill founded 
 (or male appe/idnn). it is dismissed and the decision of 
 the inferior court st mds affirmci ; but if it be sustained, 
 the judgment is not necessarily rcver.ieil. The sustaining 
 of tlie appeal or coaiplaint op.ins the ciuse fi>r the decision 
 of the court, and may be foil »wed by an ulteiMtion either 
 partial or total, or by a remit to the inferior C(»urt with in- 
 Tjtructipns, or by other findings or orders suitable to the 
 
 I) 
 
20 
 
 REFERENCES, APPEALS, ETC. [CHAP. IT. 
 
 circumstances. It is also competent to the court, after it 
 is fully in possession of the merits of a cause brought before 
 it, to waive the consideration of the merits of the appeal or 
 complaint altogether, and without pronouncing it either 
 well or ill founded, to give such decision in the original 
 cause as niiiy appear to bo consistent with the interests of 
 truth and justice. 
 
 16. If the party appealing or complain- 
 ing does not attend when the case is called, 
 OF PARTIES. ° ^ 1 tc • 4. i> u *i 
 
 or send a sumcient reason lor absenc', the 
 
 court may refuse to enter upon it ; and such a refusal is 
 equivalent to a dismissal of the appeal. 
 
 ,^_„ 17. Every member of the church has 
 
 access to tlie different courts by petition or 
 memorial. He has direct access to the session of the con- 
 gregation to which he belongs, and he has also access to 
 the presbytery, Synod, or General Assembly, but his peti- 
 tion or memorial to the presbytei'y. Synod, or General As- 
 sembly must be presented, in the first instance, to the ses- 
 sion of the congregation to which he belongs, with a request 
 that they will transmit it to t'.e presbytery, and the pres- 
 bytery to the Synod or General Assembly. 
 
 18. Transmission of a petition does not apply approba- 
 tion of its object, or concurrence in it ; but it is the duty 
 of the inferior courts, in transmitting petitions, to see that 
 they are regular, and expressed in respectful terms. Ses- 
 sions or presbyteries may refuse to transmit, in which case 
 the petitioner is entitled to protest and appeal in the man- 
 ner above directed, and thus bring the matter before the 
 next superior court. 
 
 19. The same rules apply to the case of a petition by any 
 number of parties, or by a congregation as such. 
 
 20. Sessions have a right of direct representation and 
 petition to the presbytery of the bounds, and through it to 
 the Synod and Assembly. 
 
 21. Ministers have direct access to the presbytery by 
 petition for advice in any matter connected with their 
 office. 
 
 22. Overtures are proposals made to the 
 supreme court to enact rules binding upon 
 the whole church, or to pass resolutions on any matter of 
 general importance. 
 
 OVERTURES. 
 
"'s!-'*!! -«^/*!-?^S5tl«5S:; ,, ■ 'l,»fl:i-- 
 
 lAP. 11. 
 
 after it 
 it before 
 ppeal or 
 it either 
 original 
 ivcsts of 
 
 >mplain- 
 s called, 
 nC'% the 
 sfusal is 
 
 irch has 
 stitlon or 
 the con- 
 access to 
 his peti- 
 leral As- 
 ) the ses- 
 a request 
 the pres- 
 
 approba- 
 the duty 
 see that 
 lis. Ses- 
 lich case 
 the man- 
 lefore the 
 
 ^n by any 
 
 tion and 
 lugh it to 
 
 ^tery by 
 |th their 
 
 le to the 
 [ng upon 
 bitter of 
 
 SECT. I.] 
 
 BARRIER ACT. 
 
 27 
 
 23. They may be originated by a presbytery, session. 
 Synod, minister, elder, or private member of the church, 
 but must be submitted in writing, and regularly trans- 
 mitted in the same way as petitions. They may also be 
 brought in by a committee of Synod or Assembly appoint- 
 ed for the purpose. 
 
 24. An overture which contemplates a material change 
 on the constitution of the church, if entertained by the 
 Assembly, is to be very leisurely and carefully considered, 
 and should be remitted to presbyteries for their considera- 
 tion, before being finally adopted, but the Synod may order 
 it to be acted on ad interim in the manner following: 
 
 (1.) No standing law, or rule shall be 
 ^ ' made, by overture or otherwise, relative 
 
 to matters of doctrine, discipline, government, or worship, 
 until first such shall be submitted to all the presbyteries of 
 the church for their approbation ; that such approbation be 
 given by each presbytery at an ordinary meeting thereof; 
 and that the decision of presbyteries be recorded in the 
 minutes, and an extract of the same be sent to the clerk of 
 the General Assembly before its next meeting. 
 
 (2.) The Assembly, if it sees cause, may, by a majority 
 of two-thirds of those present, pass such proposed law or rule 
 into an interim act, which shall possess the force of a law, 
 aye and until the presbyteries have, as herein required, 
 expressed their judgment upon it. 
 
 (3.) When a majority of presbyteries have expressed 
 their approbation, the Assembly may pass such proposed law 
 or rule, into a standing law of the Church. 
 
 (4.) When a majority of the presbyteries have ex- 
 pressed disapprobation, then the Assembly shall reject 
 such proposed law or rule, or again remit it to presbyteries. 
 
28 
 
 [chap. Ill, 
 
 CHAP. III. 
 
 ON THE FORMATION OP CONGREG XTIONS, THE RIGHTS OP 
 CHURCH MEMBERS, AND MANAGEMENT OF CONGREGA- 
 TIONAL AFFAIRS. 
 
 Sect. I. — Formation of Congregations and Erection of 
 
 Churches. 
 
 1. Any number of persons appi*oving of the principles of 
 our churcli, may apply to be formed into a congregation or 
 mission station l>y the presbytery of the bounds. 
 ORGANIZATION OP . 2. When application for this purpose 
 CONGREGATIONS. '^ ™^^^' mtimationis first of all given 
 
 to the sessions oi the congregations m 
 the neighbourhood who may be aflFected by the erection of 
 the proposed new one, that they may appear and be heard 
 for their interest. 
 
 3. This intimation being made, the presbytery appoints 
 one of its number to preach in the place from which the 
 application is made. The member so appointed holds a 
 meeting with the people, and reports to the presbytery at 
 its next meeting concerning the necessities and religious 
 prospects of the locality. If, after hearing the petitioners, 
 and the report of its deputy as to the circumstances of the 
 case, and also any objections which may be offered, the 
 presbytery deems the request proper, it may at once fpi-o- 
 vided the petitioners are already members of the Canada 
 l*resbyterian Church and have certificates of membership) 
 declare them to be a congregation, make up a commu- 
 nion roll, and grant them a supply of sermon. But 
 if the petitioners are persons not already in communion 
 with the church, the presbytery appoints a committee 
 of its number to meet with them, to explain to them 
 the principles and constitution of the church, to receive 
 attestations of their Christim deportment, to examine 
 them individually as to their Christian attainments; and, 
 on obtaining satisfaction on these points, to admit them 
 into the fellowship of the church. Tiie committee report 
 to the presbytery, anJ the persons admitted by it are 
 then declared to be a congregation of our church, and tho 
 
'"mnat 
 
 8SCTB. I, II.] FORMATION OF C0NORE0ATI0N8. 
 
 29 
 
 tioiiers, 
 3 of the 
 ad, the 
 56 (pro- 
 Canada 
 ership) 
 ommu- 
 But 
 unioa 
 inittee 
 them 
 receive 
 amine 
 and, 
 t them 
 report 
 it are 
 nd tho 
 
 DUTY WHEN 
 FORM ED. 
 
 PLACES OF 
 WORSHIP. 
 
 roll of their names is kept by the presbytery, until elders 
 are elected, to whom the chnrjie of the roll is committed. 
 4. As soon as is expedient after the con- 
 gregation or station is formed they ought to 
 take measures for the election of elders. When 
 prepared for this, they apply to the presbytery, which ap- 
 points a minister to preside at an election. The moderator, 
 having perfornjed this duty, reports the proceedings to the 
 presbytery, and if the elders elect are found qualified, an 
 edict is served and leturned to the presbytery, which there- 
 after appoints a minister to ordain the parties elected, pro- 
 vidi d no objections be oflFered. If objections be offered, the 
 matter is referred to the presbytery and action stayed. 
 
 5. Before a new congregation can have a moderation 
 granted for obtaining a minister, it presents its trust deed 
 or constitution to the presbytery, which the presbytery ex- 
 amines and sanctions, if found agreeable to th« rules of the 
 church. 
 
 6. In the formation of new congregations, it 
 is extremely desirable that the parties interested 
 should not fix on a locality for the erection of 
 a place of worship, or on the plans for the same, without first 
 having obtained the sanction of the presbytery. And in 
 the event of any exi-ting congregation deeming it neces- 
 sary to remove from their present site, or to build a new 
 edifice, the same shonld, before being finally determined on, 
 be submitted to the consideration of the presbytery. 
 
 Sect. II. — Rights of Members. 
 
 1. The members of a congregation are the 
 persons, male and female, who have been 
 received into full communion. In the sense of enjoying 
 the superintendence, and if need be, the discipline of the 
 church, the children of members are also members of it, 
 and, when they arrive at theyearsof discretion, they ought 
 to make a personal profession of religion, and seek to enjoy 
 the privileges, and perform the duties, of church members 
 in full communion. 
 
 2. Persons are admitted into full com- 
 munion with the church by the session of 
 the congregation to which they apply after examination 
 
 MEMBERS. 
 
 ADMISSION. 
 
30 
 
 RIGHTS OF MEMBERS. 
 
 [CIIAP. III. 
 
 RIGHTS. 
 
 into thcii* purity of deportment, their soundness in the 
 faith, and their acquaintance with vital i^odline^s and our 
 principles as a church. They are required to make a cor- 
 dial profession of the faith of Christ as held by this church, 
 and to signify their readiness to submit themselves to the 
 session and other cliurch courts as set over them in the 
 Lord. 
 
 3. When thus admitted, they have a right to 
 the full enjoyment of church privileges, unless 
 charges are made, or reports are in circulation, of irregu- 
 larities of conduct, which may induce the session to with- 
 hold these until inquiry is made, and satisfaction obtained, 
 according to the rules of the church. 
 
 4. Members in full possession of their privileges, and 
 they only, have a right to vote at congregational meetings, 
 whether in matters of an exclusively ecclesiastical character, 
 such as the election of ministers or elders, or in the secular 
 affairs of the congregation.* 
 
 5. In all cases, members of the church have direct access 
 to the session with complaints against fellow-members of 
 the congregation, or in matters connected with the doctrine, 
 discipline, and government either of the church as a whole, 
 or of the congregation with which they are more imme- 
 diately connected. In the case of complaints against fel- 
 low-members, (Chap, vi.. Sect, ii., Rule 2,) must have 
 been previously observed. In the case of complaints 
 against ministers, they have direct access to the presby- 
 tery. See Chap. I., Sec. I., Rule 13. 
 
 6. They have also access to the presbytery, Synod, 
 and General Assembly by petition, appeal, or overture, 
 according to the rules laid down under that head. See 
 Chap. II. 
 
 7. When a member of the church wishes to submit any 
 matter to the presbytery, Synod or Assembly, especially if 
 it be one of general importance, he is in the Hrst instance to 
 
 * In soino low cases it is bolievcd the titlo-deocls impose limitations on 
 the right of voting, or provide that weat-liohiors or otlicrs shall be en- 
 titled to vote in matters relating to the disposal of the property. Where 
 tills is the case, a meeting at which snch piovisions come into operation, 
 is not to be regarded as a congregational meeting, in the strict sense of 
 the term, but as one ot'tlie civil society, interested in the property. It is 
 desirable, however, to terminate such distinctions. 
 
SECT. II.] 
 
 DIsiJUNCTIONS. 
 
 31 
 
 DISJUNCTIONS. 
 
 submit it for consideration to his session, who may possibly 
 concur in his views ; if they do not, he may then present a 
 petition to the presbytery, Synod, or Assembly, and apply 
 for its transmission through the session, as formerly di- 
 rected. 
 
 8. A member wishing to leave one con- 
 gregation, and to connect himself with 
 another, is entitled to receive a certificate of membership 
 from the session on applying for the same, unless there be 
 matters connected with his conduct as a member of the 
 church which seem to the session to call for inquiry ; in 
 which case he has a right to insist tliat inquiry be imme- 
 diately entered upon, and brought to a conclusion without 
 unnecessary delay. 
 
 9. While such is the recognised right of church members 
 arising from the voluntary nature of the association, yet the 
 spirit of the Gospel requires that the members of a congre- 
 gation shall not abandon it for slight or frivolous causes of 
 oflFence. 
 
 10. The members of a congregation are under the in- 
 spection, and subject to the authority of the session, till 
 they are either disjoined by certificate, or cut off from the 
 membership in the exercise of discipline ; and it is the duty 
 of sessions in granting certificates in the case of members 
 who have withdrawn in an irregular manner from the con- 
 gregation, not merely to attest the fact, that up tu a cer- 
 tain period they were in full communion, but also to state 
 what they know, or have reason to believe, of their char- 
 acter and deportment till the time when certificates of 
 membership are granted. 
 
 11. On obtaining a certificate of membership from the 
 session of one congregation, a member may attach him- 
 self to any other congregation in the boc^y, by lodging 
 the certificate with its minister or session, when he forth- 
 with becomes entitled to all the privileges, and pledges 
 himself to discharge all the duties, of a member in that 
 congregation ; but if the certificate contains any specialty, 
 such as that indicated in the last rule, it is the duty of the 
 session applied to, to inquire into the circumstances con- 
 nected with it before admitting. 
 
 12. A member of one congregation cannot be admitted 
 
32 
 
 CONGREGATIONAL AFFAIRS. [cHAP. III. 
 
 into anotlicr, until he produces from the session of the for- 
 mer !i r('i;ul.ir ccitiHcatt' of nieuiber^hip. 
 
 ll{. A niouiher lieconiini: di^CDimcctecl with a conoreji;.-!- 
 tion citi er \<y jil'dw nji liis name to be dr(p|td fnni its 
 roll, or by dieiiuin- <hi' authoriiy of 'ln' .«essii n, fauiiot be 
 restoiid lo thi' lili( w 1 iji ot tie cliurcli by an«)tlur ^es-sii n 
 until it corresponds with the sej-sion whose autlioriiy lie has 
 declined, or by wl.ose deed he has been set aside, and 
 obtain its consent to deal with him with a view to restora- 
 tion. If that consent be refused, the case ought to be re- 
 ferred to the presbytery. 
 
 Stci. HI. — Management of Congregational Affairs. 
 
 1. All congregational meetings must be duly intimated. 
 This is done by public notice on the Sabbath-day before 
 the congregation is dismissed. In the case of meetings 
 with r. view to apply for a moderation, or for the election 
 of a minister or elders, the notice must specify the object 
 of the meeting, and be m:tde to the eongngation on two 
 successive Sabbaths immediately preceding the day of meet- 
 inp^. In the case of meetings connected with the manage- 
 ment of the congregation's secular affairs, the notice is 
 sufficient if made on one Sabbath inmiediately preceding 
 the day of meeting, unless otherwise provided for in the 
 llules or Constitution adopted by the congregation. Or- 
 dinai-y stated meetings for secular purposes are called by 
 the Managers or Deacons, as the case may be ; but meet- 
 ings for special purposes are called by, or with the sanc- 
 tion of, the session ; and meetings tor proper ecclesiastical 
 purposes arc called by the session only. 
 
 2. At congregational meetings for proper ecclesiastical 
 purposes, the minister of the congregation, or minister ap- 
 pointed by the presbytery, presides, and the session-clerk 
 officiates as clerk. At ordinary or special meetings held 
 for secular purposes, the minister, if present, takes the 
 chair ; and when not present, the congregation choose a 
 chairman for the time (who may either be one of the elders 
 or managers, or a private member), and also a clerk. 
 
 3. The precentor may be chosen by the^ congregation, or 
 by the deacons or managers, or a committee chosen for the 
 purpose ; but he must be fitted by his character for oon- 
 
■'•J g '^ ^ JW 
 
 SECT. Hi.] CONQREOATIONAL AFFAIRS. 
 
 83 
 
 ducting the psnlmody, and in this as well ns in other mat- 
 ters conni'cted with his siluatioii, he is subject to the con- 
 trol, iind bound to ob<y the orders, of the session by whom 
 also he niiiy be removed for any cause deemed sufficient by 
 them. 
 
 4. Tlie luan.igement of the financial or secular concerns 
 of a congu'gilion has necessarily an intimate connection 
 with its iieneral prosperity, and the prudence exercised in 
 this department must involve, to a large extent, the com- 
 fort of the people, and their harmony and edification, as 
 well as the usei'ulness and happiness of the mini.ster. Care 
 in the framing of proper rules, and the punctual obser- 
 vance of them, are, therefore, points of great importance. 
 The Constitution or Rules to be observed, are in some 
 measure left to the discretion of each congregation, to be 
 modified according to the plan which seems best adapted to 
 circumstances ; but they must always be consistent with 
 tlie general principles of church order, and be sanctioned 
 by the presbytery of the b(»unds. 
 
 5. Care should be taken that the title-deeds of the property 
 belonging to the congregation are correctly frnmed. Trus- 
 tees must be ai>pointed, in the names of whom, and of their 
 successors, the title deeds should bo taken ; and it is of 
 great importance that the purposes of the trust, and the 
 powers, duties, and obligations of the trustees, should be 
 clearly defined, in the title-deeds. The trustees ought 
 to be members of the Canada Presbyterian Church, and 
 at the time of their election should not be far advanced 
 in lite, and care should be taken that the manner of ap- 
 pointing their successors be specified in the trust deed. 
 
 6. Where the congregjition judges it proper to have deacons 
 ordained to serve the church in regard to its secularities, 
 they are intrusted with the management of the whole 
 financial concerns, as well as the distribution of the contri- 
 butions made for the poor, subject always to the observance 
 of the iiules or Constitution sanctioned by the presby- 
 tery. 
 
 7. When there are no deacons, or their duties are limited 
 to the distribution of the poor's fund, the management of 
 the secular affairs (other than the poor's money) is intrusted 
 to a committee of management. 
 
34 
 
 CONGREGATIONAL AFFAIUS. [ciIAP. IIT. 
 
 8. The followlnjjf Kulcs or Constitution for the rogiili- 
 tion of coii;^re^';itioual affairs, arc rocoininendcd as suitable. 
 They arc framed as applicable to the case where there is 
 a coinmittce of niaiia^emerit, but, with slight alterations, 
 may be a<ljustcd to apply to cases wlierc the management 
 is assigned to deacons. No rules materially different in 
 spirit or tendency from these, will receive the sanction of 
 the presbytery. 
 
 (1.) The congregation shall hold an annual meeting 
 on the day of [or on one or other 
 
 - of the lawful days of the month of ], of 
 
 which meeting due notice shall be given by the 
 officiating minister from the pulpit, or precentor 
 from the desk, before the congregation is dismissed, 
 on the Sabbath immediately preceding. 
 
 (2.) All the members, male and female, in the full 
 enjoyment of their privileges, and they only, shall 
 be entitled to attend this meeting, or other meetings 
 of the congregation, and vote upon any matters 
 which may be competently brought forward. 
 
 (3.) The management of the secular affairs of the con- 
 gregation, including the care of the property — the 
 ordering of repairs or alterations thereon — the let- 
 ting of the seats, the collection of the rents, or of 
 other contributions for the support of ordinances — 
 the payment of the minister's stipend, and allow- 
 ances to precentor, doorkeepers, etc., and other 
 expenditure, shall be comiuittcd to the charge of 
 deacons or managers,=i' who shall be bound to regu- 
 late their administration of the matters committed 
 to their charge by these rules ; and also to observe 
 any special directions which may from time to time 
 be given to thorn by the congregation. 
 
 (4.) One-third of the managers shall annually retire 
 from the management by rotation, and their places, 
 with the places of any who may die or vacate their 
 office during the year, shall be filled up at the 
 
 * The iiumbor of mana;?ors should never be less than five. Nine, twelve, 
 or fitteeu, are suitable numbers. And care should bo taken that they are 
 men of prudence and sound judgment. Members of session are eligible 
 as well as ordinary niombors. 
 
■"HJ^»i(7ia!>»,r 
 
 '%»Ts;> 
 
 SECT. III.] CONOaEGATIONAL AFFAIIW. 
 
 85 
 
 relvo, 
 sy are 
 igible 
 
 annual meeting. The retiring managers shall bo 
 rc-cl igible. 
 
 (b.) Out of the manjigcrs, the congregation shall 
 annually elect a treasurer and clerk. y They also 
 annually elect two persons, members of the congre- 
 gation, as auditors of accounts, who shall, previous 
 to next annual meeting, examine the treasurer's 
 books and vouchers for the current year, and report 
 thereon to said meeting. The president shall be 
 appointed at each meeting. 
 
 (6.) Should any manager be suspended, or cut off 
 from privileges by the session, or leave the congre- 
 gation, he shall cease to be entitled to act as a 
 manager. 
 
 (7.) The managers shall hold regular meetings at 
 least onee every quarter, and oftener, when neces- 
 sary. These meetings shall be called by the secre- 
 tary, either by intimation from the desk on the 
 Sabbath precec'ng, or by personal notice to the 
 individual managers ; and the secretary shall be 
 bound to convene a meeting, whenever required to 
 do so, by one-third of the managers. 
 
 (8.) At these meetings three shall be a quorum. 
 The president shall not have a deliberative vote, 
 but in case of an equality of votes on any matter, 
 he shall have a casting vote. 
 
 (9.) The treasurer shall keep a regular book of debit 
 and credit ; and shall produce the same, with the 
 vouchers, at the annual meeting, audited and doc- 
 queted by the auditors appointed by the congrega- 
 tion, or failing them, by a committee of the 
 managers. 
 
 (10.) The clerk shall keep a regular minute-book, 
 accessible to the managers at all times, wherein all 
 the minutes of the meetings of the managers, and 
 of the congregation, shall be faithfully entered; 
 and these shall be signed by himself. 
 
 (11.) At each annual meeting of the congregation, 
 the managers shall report their whole proceedings 
 
 t It is desirable that the persons iioUling the situations of treasurer and 
 clerk Fihould not be frequently changed. 
 
 .iS^^mmm^sm^m^ 
 
36 
 
 CONOBSaATIONAL AFFAIRS. [OHAP. III. 
 
 ! 
 
 9 
 
 find mnnaj^omcnt durinp^ the year, nnd shall also 
 lay before the eoiiiiJepition an abstract of llie 
 receipts and expenditure during the yenr ; with a 
 statement of the pecuniary aftairs as they then 
 stand ; and nliall aiford all intorntaiion which may 
 be required thereon ; after which the conjire^ation 
 shall proceed to the election of the manaf^ers for 
 the next year, as before provided for. 
 
 (12.) The mtinagers, on obtainii)<i; the concurrence of 
 the session, sliall have power to call meetings of 
 the congregation lor special purposes when they 
 deem it necessary, which meetings shall be duly 
 intimated as above provided for, the purpose of the 
 meeting being at same time notified. 
 
 (13.) The managers shall have no power to contract 
 debt on the security of the property, or for which 
 it may be attached, without the special authority 
 of the coniircLidtion, given either at the annual 
 meeting, or at a special meeting called for the pur- 
 pose. They shall not m tke any repair or alteration 
 in one year, exceeding the value of £ , nor 
 
 shall they alter the stipend of the minister with- 
 out such authority. 
 
 (14.) The constitutional right of the session to watch 
 over all the interests of the congregation, and to 
 interfere whenever, in their opinion, its welfare 
 calls on them to do ;;c^ by convening meetings of 
 the congregation for any purpose connected with 
 its aifairs, or in any other competent manner, is 
 expressly reserveu lo them. 
 
 (15.) When a proposal tor any alteration of these 
 rules is made, it shall not be competent to adopt it 
 at the meeting at which it was first proposed ; but, 
 if entertained it shall lie over to be de ided upon 
 at the next annual meeting, or at a special meeting 
 to be called for the purpose, not earlier than three 
 weeks after being so entertained ; and, before taking 
 effect, it bhall be submitted to, and receive the 
 sanction of, the presbytery. 
 
 Members dissatisfied with resolutions passed at a 
 
 congregational meeting, ai<^ not to have recourse to the 
 
[AP. III. 
 
 lull also 
 of tho 
 ; with a 
 oy tlicn 
 it'll iiiiiy 
 re^iition 
 ^ers for 
 
 reiice of 
 tin^s of 
 en they 
 be duly 
 e of the 
 
 contract 
 »r which 
 uthority 
 annual 
 the pur- 
 terution 
 , nor 
 er with- 
 
 o watch 
 and to 
 welfare 
 ings of 
 d with 
 aner, is 
 
 )f these 
 adopt it 
 d ; but, 
 d upon 
 ueeting 
 ti three 
 taking 
 ive the 
 
 id at a 
 to the 
 
 ■aW- 
 
 titer, in.] 
 
 STIPEND OP MINISTKH. 
 
 :j7 
 
 SETTLEMENT 
 OF STIPEND. 
 
 civil authorities for redress. In general, it is the duty of 
 the minority to submit to the majority; but if it is appre- 
 hended that the voice of tho majority has not been fairly 
 asccrtiiined, or if any objection lie to the regularity of the 
 meeting, of the competency or tendency of the resolutio is 
 which have been passed, the parties dissatisfied may at 
 once diss nt and coujplain to the pre?<l)ytery, and crave 
 extracts ; in which case, tho majority supporting the reso- 
 lutifms complained of, appoint comnjissioners to appear 
 before the presbytery to au-wer the complaint; and tho 
 complaint itself, with reasons, is lodged by the com|)lainanis 
 with the session at its first meeting, for transmission to the 
 presbytery. On the case being heard, the presbytery may 
 either proceed to judge in the matter, or may appoint a 
 committee to meet with the parties, and endeavour to bring 
 them to a right understanding. 
 
 10. Before a congregation apply for a 
 moderation with a view to the call of a 
 minister, they agree what provision they are 
 able to make for his support, and they enjpower the com- 
 missioners sent to the presbytery with their petition, as 
 mentioned in the next chapter, to report said resolution, , 
 and to give any other information the presbytery may re- 
 quire in regard to their number and pecuniary affairs, and 
 the prospects they have of being able to fulfil their inten- 
 tions. Presbyteries are enjoined not to grant moderations 
 to congregations who offer an amount of stipend dispro- 
 portioned to their ability. 
 
 11. This resolution is the estimate made by the congre- 
 gations themselves of the sum they are able in exii«ting 
 circumstances to raise by their voluntary exertions for the 
 support of the Gospel among them. It should be made in 
 good faith, and it is the duty of individual members to 
 exert themselves, by contributing severally, as God has 
 prospered them, to the raising of the sura, and increasing 
 it so far as is necessary, for the supply of the temporal 
 wants of their pastor, remembering that it is Christ who 
 has " ordained that they which preach the Gospel should 
 live of the Gospel." 
 
 12. Should the congregation feel themselves afterwards 
 unable to raise the sum which, on receiving a moderation, 
 
38 
 
 CALLS AND ORDINATIONS. 
 
 [chap. IV. 
 
 they resolved to provide for their minister, they are not 
 entitled of themselves te reduce the amount, but should, 
 as soon as the deficiency becomes apparent, communicate 
 the same to the presbytery, with a statement of the cir- 
 cumstances which have caused it. The presbytery then 
 institutes the necessary inquiry, and takes such steps as it 
 thinks proper, either in the way of stimulating the con- 
 gregation to a discharge of their duty, or of modifying 
 the amount of the stipend, or recommending the congre- 
 gation to aid from the funds of the church. 
 
 13. Should the presbytery have reason to suspect that a 
 congregation is falling into arrears, although no communi- 
 cation has been made as above, it ought to institute inqui- 
 ries of itself, with the view of ascertaining the facts ; and 
 in cases of supplemented congregations, the presbytery is 
 enjoined to use diligence to ascertain that the stipend pro- 
 mised is regularly paid. 
 
 CHAP. IV. 
 
 PETITION FOR 
 MODERATION. 
 
 PROCEDURE IN MODERATIONS, AND IN THE ORDINATON 
 
 OF MINISTERS. 
 
 Sect. I. — Procedure in Moderations. 
 
 1. When a congregation, either vacant, 
 or requiring a second minister, wish to as- 
 certain if they are prepared for electing one, 
 
 they hold a meeting for the purpose, which is presided 
 over by their minister, or by the minister authorised to 
 moderate in the session for the time; and if prepared, they 
 apply, by petition, to the presbytery, for the appointmeut 
 of one of its number to moderate in a call ; and, at the 
 same time, they appoint commissioners to appear before the 
 presbytery, and give such information as may be required. 
 This petition is tiansmitted through the session to the 
 presbytery, along with the roll of the congregation, or a 
 certified copy thereof. 
 
 2. Before ffranting the moderation, the 
 
 INQUIRIES BY , , % \ • i.i iW • 
 
 preibvterv, after hearin<>; the petition, m- 
 quires not only into the unaninnty existing 
 
SECT. I.] 
 
 CALLS AND ORDINATIONS. 
 
 39 
 
 »S 
 
 or a 
 
 PROCEDURE AT 
 MODERATIONS. 
 
 in the conf2;rogation, nnd the means taken to hear a suffi- 
 cient number of candidates, but also into the state of their 
 pecuniary concerns— their ability to support the ordinances 
 of the Gospel — the amount of stipend they propose to give 
 to their minister — its proportion to their ability — and 
 whether a manse is provided for him or not. If the pres- 
 bytery shall resolve to grant the moderation, it appoints 
 one of its number to moderate in a call, or it agrees itself 
 t) meet for this purpose on a day which it may then fix, and 
 intimation of this meeting is made from the pulpit to the 
 congregation, on two Sabbaths before it takes place. The 
 roll, or certified copy of the roll of n)embers, is handed to 
 the person moderating, for his guidance on the day of 
 moderation. 
 
 3. Upon the day fixed, the minister 
 appointed by the presbytery, or the pres- 
 bytery itself, meets with the congregation, 
 and after sermon the moderator intimates the object of the 
 meeting, narrates the steps previously taken, and asks if 
 the congregation is prepared to go forward. In case of its 
 appearing by a vote that the congregation is not prepared 
 to proceed, the moderator closes the meeting, and reports 
 to the presbytery, or the presbytery itself sists procedure. 
 If the congregation is prepared to go forward, the call is 
 proceeded with. 
 
 4. The first proceeding is to read the call, which it is 
 the duty of the session to have previously prepared, with a 
 blank left for the name of the person to whom it shall be 
 addressed. The moderator then announces that only iiem- 
 bers in full communion are entitled to take part in the 
 business of the meeting, and calls upon any of them to 
 name, as candidate, any preacher or minister in communion 
 with the Canada Presbyterian Church, of whose qualifi- 
 cations they have had an opportunity of judging, or good 
 evidence concerning. 
 
 5. After all the candidates put in nomination are pro- 
 posed and seconded, the moderator engages in prayer. 
 Before taking the votes, the moderator may ask, if he 
 ihinks it necessary, two individuals to assist him in count- 
 ing them. If only one candidate is named, the choice of 
 the congregation is signified by holding up their right 
 
 '''"VjAa^Min^-iftammuaiim'^-*-!''^'-'^''-*^^ 
 
40 
 
 IJALLS AND OBliNATlONS. 
 
 [chap. JV. 
 
 hands; — if two candidates are nominated, the votes for 
 each, in the order in which he was proposed, are taken by 
 a show of hands, atid the individual havini^ the greatest 
 number of votes is dechired duly elected ; if more than 
 two are nominated, the votes are taken in the way poinied 
 out in standinu: orders in reference to motions. When any 
 doubt exists as to the state of the vote thus taken, or when 
 there is an apparent equality or close approximation of 
 votes, it is the duty of the moderator to ascertain the true 
 state of the vote ly calling the roll of members furnished 
 by the session, or by dividing the house, or by taking the 
 votes one by one as the members come forward. 
 
 oT«Mrie« «ci /^ATT ^' After the moderator has an- 
 SIGNING OP CALL. ^^^^^^^^ ^^^ result of the votc, he 
 
 declares the individual upon whom the election has fallen to 
 be duly elected, inserts his name in the call, reads it over 
 as thus filled up, and invites the elders and members to 
 come forward and aflSx their names to it. 
 
 7. It is the duty of the elders to see that none are al- 
 lowed to subscribe the call, but such as are members of 
 the congregation in full communion and two of their num- 
 ber at least should superintend the subscription of the 
 call, along with the moderator. After sufficient time has 
 been allowed for parties to come forward and sign the call, 
 the signatures are at..ested by the moderator. Adherents 
 of the ooagreg ition may sign a concurrence to the call 
 either on a separate column or a separate paper. 
 
 8. Before JDcing dismissed, if the presbytery be not 
 present, the congregation resolve on a petition to the ^jres- 
 bytery, praying that their call may be proceeded w'lAi ac- 
 cording to the rules of the church, and nominate commis- 
 sioners to prosecute it ; or they may may do this at a 
 subsequent meeting, as may be most convenient. 
 
 9. The call thus signed, is committed to the charge of 
 the elders. Althougli canvassing for sigiiiituros to the 
 call is not allowed, members or adherents of tiie congre- 
 gation who have not had an opportunity oP suo«cribirm it 
 on the day of moderation, may afterwards subscribe it, 
 such subscription being attested bv two of the oldcr.s. The 
 attestation of these papers by the elders is in the same 
 form tLB that of the moderator to the call itself. 
 
not 
 
 SECT, ri.] 
 
 CALLS AND ORDINATIONS. 
 
 41 
 
 PROCEDURE 
 ON CALL. 
 
 10. At the next meeting of presbytery, 
 tlie call, with the papers of adherence and 
 concurrence, and the congregation's petition 
 in regard to it, are laid on the table, and the minister who 
 moderated gives an account of his proceedings. His con- 
 duct is approved or disapproved. It is approved if, in con- 
 ducting the moderation, he be found to have proceeded ac- 
 cording to the rules of the church. The presbytery then 
 takes up the petition of the congregation that their call be 
 sustained and proceeded in ; and if there be no dissent or 
 complaint from members of the congregation, the presbytery 
 sustains the call, and proceeds accordingly. If there be such 
 a dissent and complaint, the parties on both sides are fully 
 heard, and if no valid ground is shown against sustaining 
 the call and proceeding with it, the presbytery sustains the 
 call as a regular Gospel call, and takes the steps detailed in 
 next section. If the presbytery itself moderates in the call 
 it thereafter pr tce Is in the manner herein prescribed. 
 
 11. As the p ' ; nd freedom of election are of pre- 
 eminent importai. ;o -unvassing of all kinds is discount- 
 enanced ; and it is unlawful for a minister or preacher, by 
 himself or others, to use any undue methods, or to make 
 any private arrangements with any member or members, of 
 a congregation, to procure a call from them. 
 
 12. If it be made evident to the presbytery, that undue 
 methods have been employed by any minister, or preacher, 
 to procure a call, the call is not concurred in, but is declared 
 null, and the minister or preacher guilty of such an offence, 
 may be visited with suspension for such a period as the 
 presbytery shall judge meet. 
 
 Sect. 11. — Procedure with a view to the Settlement of a 
 Minister duly odled. 
 
 «.r, ,„.. ^^^ ^.T ^- If tli6 individual called be a 
 
 CALL TO PREACHER , . . ^ ^ r • 
 
 Oil MINISTER NOT P^'-<^<^\or mtmstcT not having a 
 HAVLNO A CHARGE, f^'"^^'^' the presbytery after sustaiu- 
 
 ing the call, mimediately causes om- 
 cial notice of it to be sent to him ; and he is bound to inti- 
 mate iiis aeceptanca or non-acceptance of it to the presbytery, 
 within ono month after receiving such notice, unless in the 
 mean time he shall have received another call ; in whioh 
 
:jaiii3s*sH 
 
 42 
 
 COMPETINQ CALLS. 
 
 [chap. IV. 
 
 COMPETING 
 CALLS. 
 
 case, he is allowed one month from the time of the last cal- 
 being intimated to him ; but if that other call is from a 
 congregation in another presbytery, he is bound, without 
 loss of time, to intimate the fact of its having been received 
 to the clerk, in order to account for the delay. He is en- 
 titled to accompany the intimation of his resolution with 
 reasons, or not, as he judges best. If he wishes the advice 
 of the presbytery in the matter, he must appear personally 
 at its bar and ask its counsel. 
 
 2. The resolution accepting or refusing the call is forth- 
 with co!imunicated by the presbytery to the congregation 
 concerned, who, in case it be a refusal, and t!iey conceive 
 themselves aggrieved, are entitled to complain to the pres- 
 bytery by petition, stating the circumstances. If this be 
 done, the presbytery appoints a day for hearing the congre- 
 gation by their commissioners, at the same time summoning 
 the party called to attend. 
 
 3. When two or more calls have been re- 
 ceived, the preacher or minister is bound to 
 intimate his acceptance or refusal of them, 
 to each of the presbyteries to whom the congregjitions belong, 
 as in Rule 1. 
 
 4. If a call be accepted, and there have been other calls 
 sustained to the same individual, either in the same or in 
 other presbyteries, the presbytery in which the call has been 
 accepted then gives notice of the time and place of its next 
 ordinary meeting to the other congregation or congregations 
 concerned, if within its own bounds, or if not, to the pres- 
 bytery, or presbyteries, in which such congregation or con- 
 gregations are situated ; and if no complaint against the 
 individual's conduct is then received, although sufficient 
 time has been allowed, the presbytery takes the necessary 
 steps towards the settlement. 
 
 5. When a disappointed congregation in a different pres- 
 bytery from the congregation whose call has been accepted, 
 wishes to lodge a complaint, it does so with its own presby- 
 tery, and that presbytery refers the complaint to the pres- 
 bytery in whose bounds the call has been accepted, before 
 which the commissioners of the coniplaiiiinLj con «>;re<ia lion 
 are heard, ami with which the decision lies. If a complaint 
 is lodged by a disappointed cdiigregation in the same pres- 
 
lAP. IV. 
 
 SECT. 
 
 "•] 
 
 TRANSLATIONS. 
 
 43 
 
 Icist cal- 
 I'rom a 
 without 
 received 
 id is en- 
 ion with 
 le advice 
 ersonally 
 
 is forth- 
 fregation 
 conceive 
 the pres- 
 f this be 
 e congre- 
 nmoning 
 
 been re- 
 bound to 
 of them, 
 IS belong, 
 
 ;her calls 
 ne or in 
 las been 
 its next 
 •eg at ions 
 le pres- 
 or con- 
 in St the 
 sufficient 
 lecessary 
 
 ent pres- 
 ccepted, 
 presby- 
 he pres- 
 before 
 regation 
 tniplaint 
 ne prcs- 
 
 REFERENCE 
 ADVICE. 
 
 FOR 
 
 TRANSLATING 
 CALLS. 
 
 bytery, or transmitted from any other presbytery, the pres- 
 bytery intin)ates to the preacher and the congregations con- 
 cerned, when they are to determine the complaint, and un- 
 til it is determined the settlement cannot be proceeded with. 
 
 6. When the preacher or minister called 
 wishes advice before deciding, he may 
 refer the matter to the presbytery in 
 whose bounds he has been called ; and this being done, 
 the presbytery referred to fixes a time for giving said advice, 
 of which notice is sent to the preacher or minister himself, 
 and to the congregation or congregations concerned, through 
 their respective presbyteries ; and after hearing the reasons 
 of preference urged by the commissioners for the respective 
 congregations, and inquiring into other circumstances, the 
 presbytery gives him such advice as appears most for edifi- 
 cation. 
 
 7. If the person chosen by a vacant con- 
 gregation be an ordained minister, such con- 
 gregation, after the presbytery sustains their 
 call, prepare reasons why said minister should be translated, 
 of which two copies are lodged. If the call be to a member 
 of presbytery, he is then summoned apnd acta, or by letter 
 if he is not present, to appear at next meeting, to be held 
 not less than fifteen days thereafter, and one copy of the 
 reasons is handed or sent to him. A member of presbytery 
 is at the same time appointed to preach to his congregation, 
 and give notice of the election which has taken place, lodge 
 with them the other copy of the reasons of translation, and 
 summon them to appear with answers t«) the same at next 
 presbytery, with certification that, failing to do so, they 
 shall be held as consenting to the translation of their 
 minister. 
 
 8. At the next meeting of presbytery the reasons of trans- 
 lation, and answers, if any, are read, and the commissioners 
 of the two congregations are heard. The presbytery then 
 invites the minister called to express his views and feelings. 
 If he decline acceptance of the call, and the presbytery 
 concur, the matter is ended, and the call is laid aside. 
 If be expresses himself in favour of accoptance the presby- 
 tery may dissolve the connection between him and his con- 
 gregation, appoint one of its number to preach, and declare 
 
 Jism'^ 
 
 :*.A'!i>i"<'.'>/MM«y.T»aji. 
 
 ; 'JtixNlUt£SM^ :. . ^~&N!.>i 
 
44 
 
 TRIALS AT ORDINATION. [CHAP. IV. 
 
 his churoh vacant, fix the d.iy of his admission to his new 
 charj^e, appoint his edict to be served, and nominate the 
 ministers wlio shull induct him into the ch.irijfe. 
 
 9. If the minister culled belong to another presbytery, 
 the presbytery, so soon as it shall have sustained the call 
 to him, immt^diately sends notice of the same, with a 
 copy of the r3Jisons of translation, to the clerk of the pres- 
 bytery in which the minister called resides. Thereupon 
 said clerk of presbytery transmits notice^ of the call to the 
 minister and to the session-clerk of the congregation, and 
 on the Sabbath following, personally or by substitute, bolus 
 a meeting with the session and congregation at a diet of 
 public worship, and puts into their hands one copy of the 
 reasons of translation, summoning at the same time a spe- 
 cial meeting of the congregation, convened according to the 
 rules of the church, to adopt answers to the same if they 
 shall see cause, and to appear by commissioners at the next 
 meeting of presbytery, of which due notice shall be given 
 to the other parties interested. At said meeting of pres- 
 bytery, the call is put into the hands of the minister — the 
 reasons of translation, with answers thereto, are read, and 
 commissioners from the respective congregations are heard, 
 and the members of presbytery, if requested by the minister 
 called, may express their views on the case. Pleadings in 
 the cause are then held to be finally concluded, and the 
 minister may either give his decision then or at a meeting 
 of presbytery, to be held not earlier than fifteen days, and 
 not later than four weeks thereafter. If the connection 
 between the minister and his congregation be dissolved, 
 a member of presbytery is appointed to preach to them, 
 and declare the church vacant, and the minister repairs to 
 the presbytery in whose bounds the charge to which he is 
 to be adnjitted lies. Said presbytery, on being furnished 
 with an extract of the proceedings, admits him to his new 
 oharge in due form, as before detailed. 
 „„, 10. When a call to a licentiate has been 
 
 TRIALS FOR i. j i.u u i. • * i,* 
 
 oiiDiN/vTioN accepted, the presbytery appomts hmi 
 subjects for his trial discourses ; viz. a 
 Thesis ; a Homily ; a Lecture on a passage of Scripture ; a 
 Greek or Hebrew critical exercise ; and a Sermon. Ho 
 is further examined on personal Religion, Systematic 
 
"^f^'" 
 
 ■:4»'^.WiaiB!Wlii«B^^ ^^.' - 
 
 SECT. III.] ORDINATIONS AND INl UCTIONS. 
 
 4ft 
 
 as beea 
 ts him 
 viz. a 
 )ture; a 
 n. He 
 tematic 
 
 APPOINTMENT 
 OF ORDINATION. 
 
 PROCEDURE 
 AT ORDINATION. 
 
 Theology, Church History, and Biblical Greek and He- 
 brew. / -" 
 11. When a preacher is appointed to go out to any 
 foreign niiss.on field, or as a mit>ister to any congregation 
 in a tbreigTi country, and is remitted for ordination to the 
 presbytery from whom he obtained license, it is in its 
 power to prescribe the usual trials for ordination or not, as 
 it shall see cause. 
 
 Sect. III. — Proceedings at y^idinanxjii and Induction. 
 
 \ . After all the prescribed trials have 
 been gone through and sustained, a day 
 for the ordination is fixed. Some of the 
 ministers of the presbytery are appointed respectively to 
 preside in the ordination and conduct the other services. 
 An edict is at the same time appointed to be publicly read 
 in the congregation by the oflSoiating minister or preacher, 
 at least two Subbath days before the day of ordination. 
 
 2. Upon thed;iy fixed, the presbytery 
 meets at the appointed time and place, 
 and is constituted by the appointed 
 modcTator. Intimation is then sent to the assembled con- 
 gregation, that the presbytery has met, and requiring all 
 who have any valid objections to the ordination being pro- 
 ceeded with, immediately to appear before the presbytery 
 and stat« them. The messenger having returned, and no 
 objectors appearing, the presbytery then proceeds to the 
 place of worship. If objections be made, the objector 
 must have his evidence in support of his objection in readi- 
 ness, that the presbytery may on the spot hear it, and 
 decide upon the objection before the ordination takes place. 
 3. After sermon, the moderator gives a brief narrative 
 of the different steps of procedure regarding the call. He 
 then requests the candid-.ite for ordination to stand up, and 
 in presence of the congregation puts to him the questions 
 of the formula. But after proposing the eighth question, he 
 asks the members of the congregation to signify their assent 
 to the ninth question by holding up their right hands. 
 These steps being taken, the moderator comes down to the 
 platform, and surrounded by the other brethren of the 
 prenbytery, engages in solemn prayer, during which tho 
 
itii'i i.i ii^.: 
 
 46 
 
 INDUCTIONS AND RESIGNATIONS. [CHAP. IV. 
 
 onttdidate kneels, and towards the conclusion of the prayer, 
 the moderator, by the imposition of hands (in which all 
 the brethren of the presbytery joio,) ordains him to the 
 oflSce of tjie holy ministry, commending him for counte- 
 nance and success to the grace of God, in all the duties 
 incumbent upon him as a minister of the Gospel. After 
 which, the moderator, giving him the right hand of fellow- 
 ship, in the name of the presbytery inducts him into the 
 pastoral charge of the congregation by whom he has been 
 chosen and regularly called. 
 
 4. After the ordination is thus completed, the men;bers 
 of presbytery give to the newly ordained pastor the right 
 hand of fellowship, and appropriate addresses to minister 
 and people are then delivered. These services being con- 
 cluded, the moderator accompanies the newly ordained 
 pastor to some convenient place, where the members of the 
 congregation may acknowledge him as their minister, by 
 taking him by the right hand. The presbytery then returns 
 to its place of meeting, when, on his signing, or agreeing 
 to sign when required, the Formula, the newly ordained 
 minister's name is entered on the roll, and he takes his scat 
 as a member of the presbytery. A deputation from the 
 managers or deacons is expected to attend, and make the 
 first payment of ihe stipulated stipend. The whole proce- 
 dure of the day is entered on the presbytery's record. 
 
 5. In admitting to the pastoral charge of 
 
 INDUCTION. ,. * 1 J • 1 
 
 a congregation a person previously ordained 
 to the ministry, no new trials are prescribed, nor is the act 
 of ordination by the imposition of hands repeated. In all 
 other respects the procedure is exactly as above. 
 
 6. After being ordained or admitted pas- 
 tor of a congregation, a minister can resign 
 his charge only to the presbytery. Should 
 
 his resignation be tendered, the presbytery makes inquiry 
 into the circumstances, and orders intimation to be made 
 to the congregation, that they may have an opportunity of 
 being heard before the case is decided. It is proper in 
 many cases, before receiving a demission, to appoint a 
 committee to meet with the minister, and his ' ' ion and 
 
 RESIGNATION 
 OF CHARGE. 
 
 congrei!:ation. 
 
 7. Every minister of the Canada Presbyterian Church is 
 
.::m^- 
 
 *;* ■ -■y *iatsfen<^i»g" •.^tItt' ' ■ '.I imfiKt- 
 
 SECT. III.] 
 
 ELECTION 0¥ ELDERS. 
 
 47 
 
 bound to submit in the matter of temporal support, as well 
 us in all other matters connected with his office, to the de- 
 cision of the presbytery, Synod or Assembly, and should not 
 prosecute for stipend in courts of civil law, the high and 
 sacred claim which Christ has given ministers on the con- 
 sciences of their people lor u suitable maintenance being 
 a security perfectly adequate. 
 
 8. iMinisters ordained at large, as mis- 
 sionaries cither at home or abroad, but 
 without reference to the exercise of their 
 office in a particular charge, are set apart to the office in 
 the same manner as above stated, with the necessary altera- 
 tions arising from the circumstances.* 
 
 ORDINATION OF 
 MISSIONARIES. 
 
 CHAPTER V. 
 
 ELECTION AND ORDINATION OF ELDERS. 
 
 ELECTORS. 
 
 1. The right of electing elders is vested 
 solely in the members of the congregation who 
 are in full communion. 
 
 2. No fixed number of elders is required, but 
 ' ' the number is regulated by the circumstances of 
 the congregation. Two, however, along with the minister, 
 are required to constitute a session. The number of elders 
 to be chosen is fixed by the session, if there is one, or, if 
 there is none, by the presbytery. 
 
 3. It is competent for members of the congregation to 
 petition the session to add to its number, and its decision 
 on this, as on other matters, is subject to review in the 
 superior courts. Vacancies in a session should be filled up 
 as soon as convenient after they occur. 
 
 4. When the session iudges it expedient 
 
 APPOINTMENT ., . , ,.*- i u u J x •. 
 
 that an addition should be made to its 
 
 OF ELECTION. , xi, ^ i. ^ • i. • ^' x -^ 
 
 number, the first step is to intimate its 
 desire to the congregation. The election may be conducted 
 in the manner following. 
 
 5. A meeting of the congregation is held 
 some weeks previous to the election, for the 
 
 ELECTION. 
 
 urch is 
 
 * See Appendix lor Formula. 
 
i*t^ Ir 
 
 48 
 
 ELECTION OP ELDERS. 
 
 [chap. V. 
 
 purpose of noiuinating individuals considered qualified to 
 till the office. At this meetin'r, the name of every indi- 
 vidual proposed and seconded is put down, and after "giv- 
 ing sufficient time for nomination, the leet is declared 
 closed. In the interval between this meeting and the 
 day of election, the names of those nominated are either 
 publicly announced or presented in a printed I'orm to the 
 congregation, and the election of the number required is 
 made by written papers signed by the voters and handed 
 in to the session on a day appointed. The session there- 
 after examines these lists, and orders public announcement 
 to be made of the names of the persons elected. 
 
 6. A meeting for election may, however, be held, at which 
 n discourse is generally delivered suitable to the occasion. 
 The moderator of the session presides at this, as well as the 
 previous meeting for nomination (where one is heldi, and 
 the session-clerk officiates as clerk. Where there has been 
 no previous meeting for nomination, full opportunity is 
 first of all given to the members to propose candidates, and 
 when all ♦he names proposed have been taken down, the 
 leet is declared closed. The names of all on the leet, whether 
 mnde up at a previous meeting or at this, are then read over ; 
 and, after prayer for the Divine direction, the votes are 
 taken, either by show of hands, or otherwise ; and the indi- 
 viduals, to the number previously fixed upon, having the 
 greatest number of votes, are declared to be duly elected. 
 , „ 7. After the election, the call of the 
 
 . congregation is intimated to the elders 
 
 QUALIFICATIONS, i ? '^ j i .• ^ .u • -u- 
 
 elect, a declaration oi their willingness 
 
 to accept of the office is asked, and the session deals with 
 them as to the propriety of their accepting it. Their wil- 
 lingness to accept being expressed, the session, at a meeting 
 appointed for the purpose, proceeds to satisfy itself in 
 regard to their religious knowledge, piety, and prudence, 
 and their knowledge of the government and discipline of 
 
 ^, the church, and the duties of their office : and, on 
 
 the session being satisfied on these points, an edict 
 is appointed to be publicly read in the congregation.* 
 8. At the time mentioned in the edict, which must be 
 
 * For form of liidict,8ee Appendix. 
 
^P. V. 
 
 Sed to 
 J indi- 
 3r ^iv- 
 iclarcd 
 td the 
 
 either 
 
 to the 
 lired is 
 tianded 
 I there- 
 cement 
 
 b which 
 5casion. 
 I as the 
 d), and 
 as been 
 jnity is 
 tes, and 
 wn, the 
 whether 
 id over ; 
 )tos are 
 he indi- 
 ing the 
 lected. 
 I of the 
 3 elders 
 lingness 
 lis with 
 leir wil- 
 iieeting 
 tself in 
 [udence, 
 )liiie of 
 [and, on 
 in edict 
 * 
 nust be 
 
 iMuc;^ 
 
 • ECT. I.] 
 
 URUINATIU.N OF JKl .bi.R: 
 
 49 
 
 nUiCEDUIlK AT 
 ORDINATION. 
 
 ruad to tho congregation on two S;ibb:itli diiyr?, the session 
 meets, tlic cMcvi^-ek'ct being prc^^ciit. After tiio «c?^ion is 
 constituted, if no objections are brouglit forwtird, the day 
 of ordination is fixed for as early a day j;s pospible. If 
 objections are niiide, the session proceeds to iiKpiire into 
 the grounds of tliem, and decides on them, after leading 
 evidence, if neco.spary. 
 
 0. On the dny of ordination, which 
 may either be a Sabbath or week-day, 
 as thought most suitable, tho session 
 being constituted, nnd sermon being concluded, the mode- 
 rator gives a short narrative of the previous proceedings; 
 which, being done, he calls on the elders-elect to stand for- 
 ward, and puts to them the questions of the formula.f 
 Satisfactory answers being given to these questions by them, 
 theminister proceeds to ordain or set them apart by prayer 
 to the office of the eldership, and to take part with their 
 brethren in the inspection of the congregation, and com- 
 mends them to the grace of God for comfort, aid, and 
 countenance in the exercise of their office. Immediately 
 afterwards the right hand of fellowship is given to the 
 persons thus ordained, by the minister and by the other 
 elders present, and the whole is followed by suitable exhor- 
 tations to them, and to the people. 
 
 10. After the services are over, the .session assembles, 
 when the newly ordained brethren take their seats, and 
 have their names added to the session roll. 
 
 11. When an addition to the eldership 
 is desired during a vacancy, application 
 is made to the presbytery, which, if the 
 proceeding appears proper in the circum- 
 stances, appoints a minister to preside in the necessary 
 meetings of the session and congregation, and at the 
 ordination. 
 
 12. Elders coming into a congregation 
 from other parts of the church, although 
 received into full Christian communion, cannot 
 be admitted into the session, unless regularly elected >by the 
 voice of the congregation. When they are so elected, being 
 
 ■ ■ ■ ■- ■■■■-»■ ■ ■■Ml — !■ I ■ I II — ■ —■ ■III, ■i^i w Ill I I a n, 
 
 t See page 21. 
 P 
 
 ELECTION IN 
 VACANT CON- 
 GREGATIONS. 
 
 GENERAL 
 RULES. 
 
tiwi. 
 
 no 
 
 cnuacii MsriPLiNE. 
 
 [chap. VI. 
 
 alrciuly iiivostod with \\\o. nfiico of cldorsliip, tlio nci of 
 orilinatiitii i.s not rciuiited, but in other r('s[i(cts -ho luU'S 
 of procedure iirc the siuiic ; and for tho ^^atisfitctiok^ of the 
 congro^Mtion, they publicly iinswcr the f(U(!sfl(ins r\ the 
 fonnuhi, bcfon! Ijciujj: inducted into tho oxerci.«e of oftice. 
 
 13. lluliiifr elders retjiin their office for lii'e, except when 
 their demission is Jiccepted, or they are deposed. If they 
 demit their office, the congre<]fjition should be very cautious 
 in calling them again to exercise it. 
 
 CHAPTER. VI. 
 
 GROUND Oi 
 DISCIPLINE. 
 
 nilURCII DISCIPLINE. 
 
 ^ect. I. — 0/ Discipline in General, and the different hinds 
 
 of Church Censure. 
 
 1. The proper ground of discipline, or 
 church censure, is .scmdal. Nothing can be 
 the subject of church censure which is not 
 condemned by the law of God ; but everything which is 
 in itself sinful does not necessarily fall under the denomi- 
 nation of scandal, or form the proper subject of discipline. 
 For those sins which are not publicly known, private 
 adnunition, counsel, and reproof, are in general the proper 
 remedies. Church censur • is only to be administered 
 when, by the publicity which attended the commission of 
 sin, or which has been subsequently given to it it is cal- 
 culated to bring a reproach on religion, or to mar edifica- 
 tion, and when it cannot be overlooked without incurring 
 the danger of hardening the individual, emboldening 
 others to follow his example, and grieving the minds of the 
 godly. 
 
 2. In the exercise of discipline, there ought to be no 
 officious intermeddling with matters which are purely civil, 
 or indeed with any matters which do not involve scandal, 
 as above defined. And while watchfulness is exercised over 
 the flock, no undue solicitudo should be discovered to pry 
 into the private conduct or family concerns of individuals, 
 to interfere officially in personal quarrels, or to engage in 
 the investigation of secret wicVodness. 
 
iAP. VI. 
 
 llCl of 
 he niles 
 »> of the 
 i? In the 
 r oftioe. 
 ept wlion 
 If they 
 cautious 
 
 'en t kinds 
 
 jipline, or 
 ng Clin be 
 ich is not 
 which is 
 e denoini- 
 liscipline. 
 i, private 
 he proper 
 linistcred 
 issiou of 
 it is cal- 
 r etlifica- 
 incurring 
 oldening 
 ds of the 
 
 I to be no 
 
 |rely civil, 
 
 scandal, 
 
 Used over 
 
 3d to pry 
 
 lividuals, 
 
 Engage 
 
 in 
 
 «ECT. I.J 
 
 OHURC'II blHCllM.INE. 
 
 51 
 
 HUn.JECTS OF 
 DISCIIM.INK. 
 
 ENDS OP 
 DISCIPLINE. 
 
 3. Discipline is personal, and its proper 
 subjects are individual church members; 
 congregations as such sire not subjects of 
 di-cipline. It embraces not only members in full commu- 
 nioii, but also baptized children who are hearers in the 
 church, and h;ive arrived at an ago at which they are re- 
 sponsible to sucii'ty. Inquiry into scjuidalcan be made only 
 by the session, or, in the case of a minister, by the presby- 
 tery to which he belongs at the time of its becoming 
 known ; and if, during the lapse of five years, »nd the same 
 being known to the session or presbytery, no judicial 
 notice has been taken of it, it is improper then to revive it 
 by making it the subject of public cetisure, 
 
 4. The ends contemplated by discipline 
 are, in subordination to the glory of God, the 
 maintenance of the church's purity, respect 
 for the authority of the institutions of her Divine Head, 
 and the spiritual benefit of church members. It is not of 
 the nature of a penance or punishment, but is to be regarded 
 as a precious privilege, — one of the ordinances of the New 
 Testament, appointed by our Lord Jesus Christ, and 
 blessed by the Spirit, for the reformation of transgressors, the 
 edification of His people, and their growth in grace. 
 
 5. In order to eflect these important ends, no case is to 
 be rashly made a matter of sessional inquiry. The conduct 
 of church rulers should be uniformly guided by prudence, 
 kindness towards offenders, and anxiety for their spiritual 
 welfare. Rash and uncharitable judgments, undue sevei'ty, 
 and respect of persons, are carefully to be avoided, and lb'"? 
 whole proceedings are to be distinguished by gentleness 
 and long-suflFering, by impartiality, and faithfulness. 
 „„„ „ 6. The censures of the church are admo- 
 
 CENSURES. -x- 1 1 -J -i- r 
 
 nition, rebuke, suspension, deposs^u)n from 
 office, and excommunication. 
 »,.„.^xT,m,. .r "^^ ^f//noH(7tow is the lowest degree of 
 
 ADMONITION. < i t^ • i. • ^ i 
 
 clmrch censure, it consists in solemnly 
 addressing the offender, placing his sin before him, warning 
 him of his danger, and exhorting him to greater circum- 
 spection. In the case of a private member or elder, this is 
 done in the session ; in the case of a minister, in the pres- 
 bytery. In both cases it is done by the moderator of the 
 
52 
 
 CHURCH DISCIPLINE, 
 
 [«:iIA?. VI. 
 
 SUSPENSION. 
 
 court, — should be ad >n 'mistered with all solemnity and 
 seriousness, as well as fidelity und kindness, — and should 
 be wisely adapted to the peculiar circunist inces of the case. 
 
 ^ 8. Rebuke is a higher form of censure, 
 
 resorted to after conviction or confession of 
 scandalous sins. It is administered by the moderator, in 
 the name of the Lord Jesus Christ, as the only Kinr^ and 
 Head of the Church ; it is to be given with the utmost 
 seriousness, and accompanied with a suitable address. 
 Circumstances may render it necessary, owing to the aggra- 
 vations or publicity of the offence, that rebuke should be 
 administered publicly before the congregation, but in all 
 other cases rebuke in the session or presbytery will be found 
 sufficient. 
 
 9. Suspension from the privilege of full 
 communion, or, as it has been improperly 
 called, the lesser excommunication, in like manner follows 
 conviction or confession of guilt, and is more or less 
 extended in its continu mce according to circumstances. 
 Its object is more deeply to impress the mind of the 
 oflFender, to aflFord opportunity of judging of his professions 
 of repentance, and to give a public testimony against the 
 offence to the church and to the world. The suspension is 
 accompanied with rebuke, and the restoration with solemn 
 admonition. 
 
 10. W^'le under suspension, the individual ought to be 
 the object of peculiar solicitude and care on the part of 
 the rulers of the church. Every seasonable opportunity 
 of dealing with his conscience, impressing him with right 
 views of his sin, and leading him to genuine repentance, 
 should be diligently improved by them. When satisfactory 
 proofs of penitence are exhibited, he is restored in presence 
 of the court by whom the sfentence was inflicted. 
 
 11. Suspension from office, is an inter- 
 
 SUSPENSION J. . . \ .. -^ . ^i. .i' ax -.i 
 
 diet against the exercise oi the oflice with 
 FROM OFFICE. ,. ,°,i . v u- a 
 
 which the party falling under censure is 
 
 invested, and s inflicted either for a limited time, or till 
 
 cause appears for its being removed. Suspension of an 
 
 officebearer from the privilege of full communion, is 
 
 uniformly accompanied with suspension from office: but 
 
 there may be caset. in which the latter is expedient while 
 
IIA?. VI. 
 
 lity and 
 d should 
 the case. 
 
 censure, 
 ission of 
 Tator, in 
 [^inp; and 
 e utmost 
 
 address, 
 he agi^ra- 
 hould be 
 ut in all 
 . be found 
 
 ^e of full 
 nproperly 
 iv follows 
 e or less 
 instances, 
 d of the 
 Tofessions 
 'ainst the 
 )ension is 
 \i solemn 
 
 ght to be 
 e part of 
 portunity 
 ith right 
 )entance, 
 isfactory 
 presence 
 
 an inter- 
 fice with 
 ensure is 
 le, or till 
 3n of an 
 mion, is 
 ice : but 
 mt while 
 
 »KCT. II.] 
 
 CHURCH DISCIPLINE. 
 
 53 
 
 DE POSIT rON. 
 
 no grounds exist for the former ; and, in like manner, 
 restoration to the privileges of tlio church may take place, 
 while good reison exists for continuing suspension from 
 office. 
 
 12. Suspension from both fellowship and office may take 
 place, in some cases, during the investigation of a scandal ; 
 but in this view it is not to be regarded as a censure, but 
 a measure deemed necessary to guard the interests of the 
 church and religion, 
 
 13. Deposition can take.place only in 
 the case of an office-hearer, and consists 
 in depriving him of the office with which he was previously 
 invested, in consequence of conviction or confession of 
 some gross immorality, or dangerous heresy. Contuma- 
 cious resistance of the authority of the church oouits may 
 also warrant a sentence cutting oif the offender from, or 
 declaring him to be no longer an office-bearer in, the church. 
 
 EXCOMMUNICATION. , ^j^' , J^''^commtniicatum is the 
 
 highest censure or the church, and 
 is not to be resorted to till all other means of reclaiming 
 the offender have failed, — in cases, namely, of peculiar 
 aggravation, where the offence is obstinately denied, 
 although fully proved ; or if acknowledged, is justified, and 
 where the individual continues impenitent and contuma- 
 cious. It consists in solemnly casting tlie offender out of 
 the church. The sentence may, if deemed expedient, be 
 publirly intimated to the church. Becauoe it involves ni> 
 civil pains, the world and the individual himself may ridi- 
 cule the sentence, and regard it with indifference ; but to 
 a mind properly impressed with its solemnity, it will be 
 viewed in a very different light ; and it is calculated, by 
 the bk'ssing of God, and by its operation on the conscience, 
 to lead to the happiest results, being the institution of 
 infallible wisdom " for the destruction of the flesh, that 
 the spirit may be saved in the day of the Lord Jesus." 
 
 S<:ct. II, — Rules /or the Exercise of Discipline against 
 Private Members of tJu: Church. 
 
 1. A session may take up a case of discipline, either 
 upon a complaint or charge brought against the individual, 
 or on the giound of public report, or its own motion. 
 
54 
 
 CHURCH DISCIPLINE. [CHAP. VI. 
 
 2. In all cnfies of private offence, it is the duty of a mem- 
 ber of tho church, bL'f>re brinu;iii,iii; a charge against a 
 brotlicr before tlie cliurch courts, to h;ive recourse to pri- 
 vate dealing with him, aj>reably to our Lord's precept in 
 Matt, xviii. 15-17. And he is only warranted in bring- 
 ing his complaint before the eldership, after h;iving followed 
 this course of conduct without obtaining satisfaction. 
 
 8. When any case for discipline is introduced into a 
 session, inquiry is first of all made whether it is lit for being 
 the subject of sessional consideration, and whether the party, 
 if the case be private, has been privately dealt with. If lie 
 has not, the elder of the district or a committee of the 
 session is appointed to converse, both with the party bring- 
 ing the complaint, and the party complained against, in 
 regard to the same, and to dispose of it as a case of private 
 discipline; an 1 unless the case is of an aggravated 
 cliaracter, the session does not proceed farther, until private 
 admonition and reprooi have been resorted to. 
 
 4. As church courts are entirely spiritual, and their 
 decisions are unattended with any civil effect, the nature 
 of tlie procedure, and the ends to be promoted by it, seem 
 to render it unnecessary that they should be bound down 
 by minute forms. It is enough if care bo taken that sub- 
 stantial justice be done to the pirty, and full opportunity 
 allowed him to vindicate his innocence, or extenuate his 
 guilt. 
 
 5. With this view, the party is fully apprised of the 
 charge brought against him; due notice is given to him of 
 the time and place of meeting; and when there, he is fully 
 heard and affectionately dealt with. If he confesses, it 
 may often be expedient that he be required to subcribe the 
 minute recording his confession, or give in a written "docu- 
 ment to the same effect. 
 
 C When the accused o'^pears, the charge is read to him, 
 and he is interro";ated aa to its truth. When the charges 
 are denied, and circumstances seeui to demand investiga- 
 tion, it vrill generally be expedient that procedure should 
 bo delayed till another meeting, when witnesses may be 
 brought forward and ox iniinod. 
 
 7. All church mciubors are bound to attend, when called 
 as witue.sses to give evidence. While it is not their duty 
 
AP. VI. 
 
 a mein- 
 ;ainst a 
 
 to pi'i- 
 cept in 
 I briii<^- 
 bl lowed 
 n. 
 
 into a 
 )r being 
 c party, 
 . If he 
 
 of the 
 y bring- 
 linst, iu 
 ' private 
 jravated 
 [ private 
 
 id their 
 i nature 
 it, seem 
 id down 
 lat sub- 
 )rtuinty 
 late his 
 
 of the 
 
 him of 
 
 is fully 
 
 ?,«ses, it 
 
 'ibe the 
 
 IX "docu- 
 
 to him, 
 charges 
 ,'estiga- 
 should 
 may be 
 
 1 called 
 ir duty 
 
 SECT. II.] 
 
 CHURCH DISCIPLINE. 
 
 55 
 
 in any cnso to give publicity to scandal, they are in all 
 cases, when asked, to give information to the church 
 rulers, and are li:ible to censure if they refuse. 
 
 8. When special formality of procedure is considered 
 necessary, the charge is made in the ibrm of libel, for the 
 nature of which, the mode in which it is to be served, and 
 the order of proceedings consequent upon it, reference is 
 made to the next section, the directions in which can easily 
 be accommodated to the case of a formal process before the 
 session. 
 
 9. The refusal of the party to appear is no just reason 
 why the process should not go on. And in case of flagrant 
 scandal or where there is an obvious design to avoid convic- 
 tion and censure, the ends of discipline reqtiire that the 
 process should be brought to an end. 
 
 10. Witnesses are examined in the presence of the 
 accused unless he has refused to appear, and the court not- 
 withstanding thinks it proper to proceed. Their declara- 
 tions are taken down in writing, and subscribed by them. 
 If the accused requires that the witnesses should be put 
 on oath, it is the province of the court to consider whether 
 the circumstances call for this solemnity.* Wherever the 
 personal attendance of witnesses' can be obtained, it is 
 required ; — where it cannot, the session may appoint two 
 or moio of its number to take the evidence, or it may 
 request another session in the vicinity of the wi ncsses to do 
 so. Certilic.ttes or affidavits are never received except when 
 access cannot bi; had to the individuals themselves, and even 
 then witli groat caution. The accused i-^ allowed full 
 opportunity to object either to the admissibility or credibi- 
 lity of witnesses, and to cross-examine them, as well as to 
 adduce witnesses in exculpation ; and when the evidence 
 on both sides is closed, he is at libcaiy to comment on it as 
 he may see cause ; the court having always the power to 
 prevent an improper use of thc-e iirivileges. 
 
 11. The evidence and dvl'cnce being closed, the session 
 next deliberates on the proof laid befoie it, and the 
 defence pleaded, and if possible c^mies to a decision, acquit- 
 ting or condemning the accused altogether, or to such an 
 
 * J^'or the form of calb, tee .N iipi'inlix. 
 
mil iT I iMWTll Kr 
 
 66 
 
 CHLKCH DISCIPLINE. [CHAP. VI. 
 
 extent as the evidence poems to (.Icnumd. If it feels par- 
 ticular difficulty, it may delay sentence, fiom whieli, how- 
 ever, the ticeused may ap|;Cid, or it may refer the whole 
 case to tlic superior court. 
 
 12. Throughout the whole inquiry, in whatever form 
 conducted, the session should be impressed with the impor- 
 tance of cherishing the spirit of meekness, patience, and 
 forbearance. By this means, and by a calm and impartial 
 investigation of every circumstance, the truth will, in 
 almost every instance, be ascertained, even amidst a con- 
 trariety of evidence ; while by a display of firmness in 
 abiding by the decision which it may have formed, combined 
 with atTeelionate e:;niestne!?s in impressing on the party 
 the utiliaiipy situation in wiiich he is placed, both beibre 
 God and beibre the cliuicb, it ,vill rarely faii in satis- 
 fr.etori V terniiniitin'r the iiuiuirv, and in biiniiinu' the 
 party to a sensti of the ju.->ii(.!0 of the scnti'iiee it has 
 aaen cause to prououuce. 
 
 13. Iso law a;;: nts vi :;dvlctrs are allowed, either in sos- 
 slons or otiier Cv.uris of the chuich ; but, as many parties 
 may be ignorant of tlie i'oruis of judieiai pioredare, it is 
 incumbent on sessions luid presbyteries to cxphiin these 
 fully iivid distinctly to tlieni, and to show them how, if dis- 
 satislied with the iudt-ment, tluv can brine; it under review 
 in the superior court, Nevertheless nny minister, elder or 
 member of the church may, by permission of the court, act as 
 adviser of the party and assist in the pleading, buc in such 
 a e:;so a member of the court loses his vote as a judge. 
 
 14. Care should be always taken to proportion the dis- 
 cipline to the real merits of the case, and to inflict no 
 s;verer ocn.sure than seems indispensably necessary for 
 removing the scandal, and for promoting the benefit of the 
 offender. As in every case there is a diversity either in 
 the offence itself, or in its atten-lant circumstances, it is 
 impossible to fran)e rules to guide office-bearers in the 
 exercise of this very painful jjari of their duty; even the 
 Harno ofivnco cannot alv.ays be treated in the same way ; 
 but they must be reguiau-d by the specialties of case- as 
 they occur. A disei-etionary power must tlierefbre dc olve 
 on sessions and presbytei'ies; and in the discharge of this 
 duty, they have npi-stolie autlority: " C>f ?omf have com- 
 
•t, at 
 
 t as 
 
 in s 
 
 Lich 
 
 the dis- 
 
 flict 
 
 no 
 
 ary 
 t of 
 
 for 
 tlie 
 
 tluil 
 
 in 
 
 is, i 
 
 t is 
 
 ill 
 
 the 
 
 'Gil 
 
 tlie 
 
 \v 
 
 ay; 
 
 jase 
 
 • as 
 
 Llev( 
 
 live 
 
 of 1 
 
 ihis 
 
 ■f- com- 
 
 SECT. II.] 
 
 CHURCH DISCIPLINE. 
 
 57 
 
 pnssion, making a difference, and others save with fear." 
 But while this power is granted to them, they arc in no 
 case to be actuated by partiality or worldly policy, but must 
 strive conscientiously to gain the great ends of church dis- 
 cipline ; and it becomes the members of the church to 
 i-^tend to them their sympathy, rather than rashly to 
 impeach their wisdom or fidelity. Sessions do not proceed 
 to the extreme sentence of. deposition of office-bearers or 
 excommunication of members, v/ithout first referring the 
 case to the presbytery. 
 
 15. When a charge is made at the instance of a private 
 party, and not founded on public report, the charge is pro- 
 secuted throughout in the name of that party, and he is 
 bound to make out the proof of it; failing in which, if 
 there is I'eason to suspect that he is actuated by malice, 
 he incurs censure, and is in his turn dealt with as an 
 offender. In such cases, greater strictness is observed than 
 where the pi-oeess is instituted by the session itself. Siiould 
 the aceuircr abandon the proL'e!?s, the ends of jiutico may 
 in so le cases require the session to proceed with it, and 
 bring it to a conclusion. 
 
 IG. When, after tlie fullest investigation has taken 
 place, there does not appear evidence to warrant conviction, 
 while at the same time there arc strong suspicions of guilf, 
 the session may sist piocedure, till God in His providence 
 gives farther liglit ; or it may administer an Oatli of 
 purgation. This last procedure, however, should rarely be 
 resorted to, and only after taking the advice of the pres- 
 bytery. 
 
 17. As cases may arise in which many days or weeks 
 may intervene before it is practicable to commence process 
 against an accused church member, the session may, in 
 such cases, and if the offence be such as, if proved, would 
 imply suspension, if they think the edification of the 
 church requires it, debar the accused from the Lord's 
 table until the offence charged against him can be ex- 
 amined. 
 
 18. Dii-j unction is not to he granted to members under 
 discipline, until restoration has taken place; and although 
 the party may remove from the bounds, the investigation 
 is still to proceed until brought to an end; but in case a 
 
&8 
 
 TRIAL OF OFFICE-BEARERS. [CHAP. VI. 
 
 member un'lcr tlic ociisurc oF Kiisponsi m reinnvos to a 
 distant con,<j;re;j;ati()ii, the cireunistincos are to be reported 
 to the session of tiiat.coiigrei^ation, and it is empowered to 
 grant restofation on satislactory evidence of penitence. 
 
 19. WheVe semdal arises a<iainst a member of the 
 church between tiie time of his obtaining his coriificatc of 
 disjunction from one session and lodging it with another, 
 the offence is to be purged by the session he wishes to 
 join. Should he, after the offence, apply for admission to 
 no session, tlie session that dismissed him can take up the 
 case and determine it. 
 
 Sect. III. — Rules for the Trial of Ojfice-Beai'ers. 
 
 1. Charges against elders, or deacons, are tried before 
 the scsssou to which they belong ; but the presbytery is 
 the only competent court for the trial of ministers. 
 
 2. In consequence of their official standing, and the 
 effects which may result from proceedings against them, 
 much caution is to be exercised before instituting proceed- 
 ings against offici-bearers ; and when commenced, they 
 ought to be conducted with greater attention to form than 
 is usually necessary in the case of private members of the 
 church. Bearing this in view, reference may be made to 
 the preceding section, as containing the rules which ought 
 to regulate sessions in their in(|uiries into charges against 
 elders and deaons. Wnat follows in this section, relates 
 to persons invested with the ministerial office; but it may 
 easily be adapted Ui other cases where greater formality of 
 
 . procedure is necessary. 
 
 3. Every report injuriously affecting the character of 
 a minister, is not to be made the subject of judicial inquiry. 
 It ought to be a report involving a serious accusation, and 
 so prevalent, that the interests of religion require the 
 investigation of it. 
 
 4. When such a report does not exist, no accusation 
 made by a private party should be listened to, unless it is 
 reduced to writing, accompanied with some account of its 
 probability, and an offer of proof. When a charge made 
 by a private party is distinctly stated, and steadily adhered 
 to, the presbytery cannot refuse to inquire into it, but 
 
SECT. III.] TRIAL OF OFFICK-BEARERS. 
 
 59 
 
 thoy ave entltlcfl to call on the party to proceed by libel, 
 ami uinlertake to prove his averments. 
 
 5. AVlien an injurious report is in eircuhition, the pres- 
 bytery in the first place institutes a private in{|uiry by 
 precoijnition, either before itself or by means of a com- 
 mittee, respecting; its rise, the persons oriiiinatino; it, and 
 the grounds on which it rests ; but justice requires that 
 the party accused sliould be made aware of the intention 
 to institute this inquiry, and have an opportunity of 
 making such explanations as he thinks necessary. It 
 is not necessary that the person against whom there is a 
 fama should be present during the precognition. The 
 favour, if asked, may be granted. Witnesses should not 
 be precognosced in each other's presence, otherwise their 
 evidence is vitiated. 
 
 6. On its appearing, from the inquiry or precognition, 
 that there exists probable ground for the charge, the party 
 accused is then closely and alfectionately interrogated re- 
 garding the circumstances, and dealt with to make a full 
 and candid declaration of the truth. 
 
 7. When the accused confesses either the whole charge 
 against him, or so much of it as appears to warrant censure, 
 the presbytery may at once proceed to inflict such censure 
 as the circumstances require, whether it be rebuke, suspen- 
 sion, or dei^osition from ofiiee. But in every case where 
 confession is made, at an}' stage of the investigation, it is 
 reduced to writing, recorded in the minutes of presbytery, 
 and signed by the party. 
 
 8. When, on the other hand, the charges are denied, or the 
 admissions made are not satisf ictory, -md the case appears 
 to require serious investigation, the presbytery proceeds by 
 libel ; and where the presbytery resolves on this course, the 
 party accused is, alter the libel is served, I pm facto suspen- 
 ded from the exercise of his office till the proceedings are 
 terminated. He may also be suspended, if iliought proper, 
 at any stage of the preliminary proceedings. Where a private 
 party prosecutes by libel, the presbytery may also suspend 
 the accused during the proceedings, if they consider this 
 step called for in the circumstancfis. If the suspension bo 
 disregarded, he is summarily dealt with as contumacious, 
 and may be deposed or cast out of connection with the 
 church. 
 
 ...trftiiiScfflS"* ■ ■■**e.Vt~*';:-m yemtrT-; 
 
60 
 
 TRIAL OF OFFICE-BEARERS'. [CHAP. V5. 
 
 0. When a pros})ytcry resolves to proceed by libel, it is 
 cxi)e(lient that it should iioniiiuite one or more of its nieiu- 
 bers as a coniiuitte(( to prepare the libel, and afterwards to 
 act as public prosecut )rs, and conduct the examinations 
 and other procecdinjis; and this committee are not allowed 
 a vote on the ultiu)ate jndj:ment. 
 
 10. The libel^ when drawn according to ancient usage, 
 consists of three parts, which together form a regular syllo- 
 gism. The first, or nvijnr proposition, sets Ibrth the ap- 
 pellation or nature of the crime charged, and characterizes 
 it as one of a heinous nature, and condemned by the Word 
 of God and the laws of the church ; the second, or minor 
 proposition, states that the party is guilty of this crime, 
 and specifies distinctly the facts attending it, the time 
 when, place where and circumstances under which it 
 was committed ; and the third, or conclusion, deduces the 
 justice of sentence being pronounced on the accused, pro- 
 \ ided the accusation is found proven. For all the 
 pur}»oscs of substantial justice, however, it is siifiicient 
 if tlie libel is so framed as distinctly to state the crime 
 of w'hich the party is accused, with the time and 
 place when it was committed, and the main circun.stances 
 attending it. VV^hen the accusation is made and insisted 
 on by a private party who undertakes to prove it, thefram- 
 iti2' »f the libel is left to him.'*'- 
 
 11. The libel, when prepared by the committee acting 
 by direction of the presbytery, or by a private party, is 
 signed by the comujittee or party, and presented to the 
 presbytery, who examine whether it is regular and sufii- 
 ciently precise. If regular, the authority of the presbytery 
 for service of it upon the accused is granted as provided in 
 chap, vi, sect. V. 
 
 12. If appearance be made, the first step is to read over 
 the libel. This being done, the accused is asked if he has 
 any objections to sti.ti! to the relevancy. f When objections 
 to the revelancy are stated, they must be considered and 
 
 * .Soo fbiiiis in Apiitrulix. 
 1 By rolG\ aiicy i*' moaiit \\ liolhor the clinifio mr.de l)c truly a subject 
 forcliurch coiiJiuVe, as beiiij; coutriiiy to t)i('l;i\v of Cliiist, or opposed to 
 soiintl doctrine, nud the churchVs srtaiidarfis; and, 2, whctlicr sujiposing it 
 be tin, the Ihcts alleged, it proved, v, ouid be suHicieut to couviot the party 
 of the »iu or bere,«y charged. 
 
■akiita 
 
 9KCT. 111.] TlllAL OK Kl-'KH'E UEARKRS. 
 
 i;i 
 
 dispose'! (ii'bt.'n>ro any fui'thcr prcctMluri' tiikv^'S pliict*. \\'Iilmi 
 the iibcl is ;it t!it; iiist iiic of a private pivty, the pivsbytcry 
 is oiititleil, t!iOii.:;h no objection aliould be made by the 
 accused, to require the accuser at this stage to speak to the 
 relevancy, and, after hiviring him and tiie accused, to dis- 
 pose of this matter. If not objected to, or if, vlien ob- 
 ji;Cted to, ti)und relevant, tlie accused is called to plead to 
 the char^e brought ajiainst him. Should he make confes- 
 Bion, the presbytery, if satisfied with it, proceeds to inflict 
 censure; or, if not saiistied or he plead "not guilty" it 
 proceeds to take evidence. For the manner of taking evi- 
 dence, vid. Sect. IV. 
 
 13. If the charge or charges be found not proven, or the 
 accused not guilty, he is then restored to the exercise of 
 his office, with admonition, if the presbytery thinks neces- 
 sary. If the charge or charges be found proven, in who]* 
 or in part, the presbytery then proceeds to the infliction of 
 censure adequate to the guilt established. 
 
 14. In cases where a party is accused of heresy, it may 
 not be necessary to proceed to a formal libel and proof. 
 He is entitled, however, to have the particular erroneous 
 doctr nes imputed to him, or the truth he is supposed to 
 have called in question, articulately stated ; and that being 
 done, he may be examined at once as to his views on these 
 pirticulars, by questions being propounded to him to be 
 answered ; or the manuscripts of his discourses, or the pub- 
 lication alleged to contain the heresy may be called for and 
 examined. In these ways the truth or falsehood of the 
 charge against him may be ascertained. When these means 
 fail of satisfying the presbytery, it may then proceed with 
 a libel. 
 
 15. When disputes arise between a minister and his 
 session or congregation, connected with his general deport- 
 ment as their minister, a presbyterial visitation of the 
 congregation may be held, to examine into the circum- 
 stances, either on application from the parties concerned, 
 or at the instance of the presbytery itself; and if it appear 
 that, in consequence of his imprudence, such feelings have 
 arisen out of dift'orenees between him and his people, as 
 have destroyed his ministerial usefulness in that particular 
 congregation, the presbytery are entitled, after due inquiry, 
 
 '"■^•to 
 
02 
 
 ON EVIDKN'K 
 
 [chap. vr. 
 
 niid linvinir u?od all proper means for reconciliation, to 
 declare his connection with it at an end, and loo.se Iiitii 
 from his change. In no case, however, is a presbytery to 
 countenance nieasufes tending to sacrifice a reputable 
 Christian minister to the unreasonable feelings of his -ses- 
 sion, or of a parly in tlie conj;r('ji,ation. 
 
 16. In cases where divisive courses are followed, where 
 a minister leaves his charge, disowns the authority of the 
 church courts, or is otherwise contumacious, the presbytery 
 to which he belongs, the Synod, or the Assembly, may 
 sunnuarily remove him from his charge, declare him cut 
 off from, or to be no longer in communion with, the church, 
 or suspend or depose him from office in it. 
 
 17. When proceedings have terminated in a sentence 
 of deposition, or the presbytery has seen it proper to 
 loose a minister from his congregation, or cut him off 
 from the communion of the church, the charge is declared 
 vacant, and a member of presbytery is appointed to prench 
 to the congregation on the tirst Sabbath ensuing, and make 
 known to them the decision which has been pronounced. 
 
 18. In recording the proceedings in cases of judicial 
 process, the reasons for all decisions, except on questions 
 of order, shall be recorded at length, that the record may 
 exhibit everything that had an influence on the judgment 
 of the court. And nothing but Avhat is contained in the 
 records and relative papers maybe taken into consideration 
 in reviewing the proceedings in a superior court. 
 
 Sect. IV. — On Evidence. 
 
 1. Judicatories ought to be very careful and impartial 
 in receiving testimony. All persons are not competent as 
 witnesses ; and all witnesses who are competent are not 
 credible. All persons, whether parties or otherwise, are 
 competent witnesses, except such as do not believe in the 
 existence of God, or a future state of rewards and punish- 
 ments, or have not sufficient intelligence to unde: stand the 
 obligation of an oath. 
 
 2. Husband and wife cannot be witnesses for or against, 
 each other, except in the special case of injury to either by 
 tiu otlnr. Parties in the relation of parent and child have 
 the option to give evidence, either for or against each other. 
 
SECT. I V.J 
 
 ON EVIDENCE. 
 
 8. The cfilihility of a witno.ss niny bo affected by rola- 
 tiotiship to either ot' the piirtieH ; ")y interest in the result 
 of the trial; by weakness of understanding; by infamy 
 of chiiracter ; by being under church censure; by general 
 r;isiinc8s, indiscretion, or malignity of character, and by 
 whativcr appears to aTect his veracity or knowledge. 
 
 4. The testimony oi more than one witness is neces^^nry 
 to establish any charge ; yet if several credible witn« -cs 
 bear testimony to dilFerent similar acts, or to coiifirmatory 
 circumstances, the crime may he considered as proved. 
 
 5. Xo witness, afterward to be exiiujined, except a mem- 
 ber of the judicatory, shall be present during the examina- 
 tion of another witness on the same case, utiless by consent 
 of the parties. 
 
 0. Witnesses shall be examined first by the party intro- 
 ducing them ; then cross-examined by the opposite party ; 
 after which any member of the court, or either party, 
 may put additional questions. The court shall not permit 
 frivolous or irrelevant questions to be put. 
 
 7. Witnesses shall generally be examined on oath, and 
 the same shall be administered by the Moderator, or the 
 presiding member of a comniissio'i, in the following terms: 
 *' I solemnly declare, in the presence of the Omniscient 
 and heart-Searching God, that I will declare the truth so 
 far as I know or shall be asked, as I shall answer to God 
 at the great day of judgment." The witness in swearing 
 shall hold up his right-hand. The court may at its dis- 
 cretion accept a solemn affirmation instead of this oath. 
 
 8. The testimony given by witnes.ses must be faithfully 
 recorded and read to them for their approval and subscrip- 
 tion. Every question shall, if required, be reduced to 
 writing, together with the answer. 
 
 9. The records of a judicatory, whether original or tran- 
 scribed, if regularly authenticated by the clerk, shall be 
 deemed good and sufficient evidence in every other judi- 
 catory. In like manner, testimony taken by one judica- 
 tory and certified by the clerk thereof, shall be received by 
 every other judicatory as no less valid than if it had been 
 taken by themselves. 
 
 10. Any judicatory before wliich a cause may be pend- 
 ing shall have power, on the application of either party, to 
 
 
"TVttilfc-l (iinHil ' 
 
 64 
 
 O.X EVIDKNCK. 
 
 [chap. VI. 
 
 ajtpoint II fuinmission to exauiinc m itiies>'e«. The testimony 
 !sli:ill be t iken by such CDinuussioii in the same niiiiiner u.s 
 is renuired when taken in the court, The depositions 
 when taken shall be sifijned by the connnissioners and 
 transuiitted to the clerk of the judicatory before which tlio 
 case is pending. All questions an to the rolovanoy or 
 compcfoiicy of the testimony so taken .shall be deteriJiincd 
 by the court itself. 
 
 11 A menib r of the judicatory may be called on to 
 give testimony in a case before it. In which cuse he shall 
 be qualified us other witnesses, but he shall not be deprived 
 of hia ri^ht to deliberate and j'ldge in the cause. 
 
 12. If, after trial, new testimony be discovered or be- 
 couie available, which is considered important to the 
 exculpation of the accused, he may, if the case be not 
 appealed, ask for, and the judicatory grant, a new trial. 
 If, also, in the prosecution of an appeal, new testimony be 
 offered, which in the judgment of the appellate court has 
 an important bearing on the case, the court may remit the 
 case to the inferior judicatory to take the testimony and 
 i.*sue the case anew. 
 
 13. The questions put to a witness must be more or 
 loss pertinent to the cause. A witness must depose not 
 01. ly to his knowledge but to his cause of knowledge. He 
 must speak to what he hln^self knows, not to what he has 
 lie.ird ; it is not competent for a witness to tell what a 
 third party has told him. This is hearsay and not evi- 
 dence, and such questions ought neither to be asked nor 
 answered, with the following exceptions, viz : A witness 
 may speak to what he has heard said by a party deceased ; 
 by the accused, or by any one in the presence of the ac- 
 cused ; or to what was said at the time the act charged 
 took place, if such observauons form part of the resgestce ; 
 or to a common rumour or fama. 
 
 14. A witness cannot be competently asked his opinion 
 generally, but he may be asked what belief or impres- 
 sion was produced at the time by the facts sworn to ; 
 persons of skill, such as medical men, may be asked their 
 opinion on the facts, or on incidental points of the cause. 
 
 1 5. A witness may look at writings or memoranda of 
 his own, made at the time, to refresh his memory, but not 
 
SECT, v.] 
 
 ON CITATIONS. 
 
 G5 
 
 nt tlioso of nnotlicr. Leading finc.^tlniTJ .iro iiiconi|)C- 
 tent. A witness musf; not bo uskcil, " Du\ lu; tlo }*o and 
 so?" but "What did he do?" 
 
 16. Although no witness is bound tn criminate himself, 
 it is competent to ask ((uostions htiviii'j: a criminatory tiiii- 
 dency, he bcinp; warned by tlie court, tha* ho is not bound 
 to answer. If the witness declines to answer, tlie clrcuni- 
 Btanco is of course taken as an clement of proof. 
 
 17. In taking evidence cither party is entitled to object 
 to the admissibility of witnesses, or to any particular ques- 
 tions put to them, and may appeal to the Synod against 
 the judgment which may bo given on such objections ; 
 which appeal in the meantime sists procedure, only so 
 far as regards the particular point protested against. If 
 there be any danger of evidence being lost by delay, the 
 presbytery may take it and seal it up till the appeal is 
 decided, 
 
 18. When the witnesses in support of the charge have 
 been examined, the accused is entitled to oflFer proof in ex- 
 culpation, or of any facts and circumstances tending there- 
 to ; and the exculpatory proof being concluded, the pres- 
 bytery may, if it tliink necessary, order further proof to 
 be adduced to clear any difficulties arising from the proof 
 in exculpation, the accused being always entitled to addi- 
 tional proof in exculpation when this is done. When such 
 further proof is led, and the whole evidence on both sides 
 is concluded, each party is heard upon the evidence ad- 
 duced, before the presbytery proceeds to give its deliv- 
 erance. 
 
 S^'ct. V. — Oil Citations. 
 
 OF PERSONS. 
 
 1. When it is judged proper by a judica- 
 tory to libel an accused person, a copy of 
 the libcil must be delivered to him either in the presence of 
 the Court (which is called citation apud acta,) or, in his 
 absence, by any person appointed by the Court, "n this 
 last case the citation must be in writing, signed by the 
 Clerk of the judicatory, and served, at least ten days 
 before the time appointed for hearing the case. 
 
 2. Every citation must specify; 1st, the judicatory 
 before which the accused is to appear ; 2nd, the name 
 
 a 
 
 J4^ 
 
G6 
 
 ON CITATIONS. 
 
 [chap. VI. 
 
 of the accused person ; 3rd, the time and place of appear- 
 ance , 4th, the name of the prosecutor; and 5th, a general 
 declaration of tlie offence chai'ged. It must also be accom- 
 panied, in the first instance, with a certified copy of the 
 libel, and a list of witnesses and documents to be used 
 in evidence. 
 
 3. Citations are also to be scbt by appointment of the 
 judicatory, and siuned by its Clerk, to all witnesses who 
 are members of the Church, specifying the purpose for 
 which they are cited, and the time and place at which they 
 are to appear ; otl er persons can only be requested to 
 appear and uive evidence. 
 
 4. If the accused refuses to obey the first citation, he 
 must be again cited to appear within a reasonable time 
 specified. A second refusal should be followed by a third 
 citation, with certification, that if the accused do not 
 appear at the time specified, the judicatory, besides dealing 
 with him for contumacy, may proceed to try the case as if 
 he were present. 
 
 5. Judicatories ought to be well assured before they 
 order a second or third citation, that the first and second 
 respectively have been duly served ; and for this purpose, 
 the person or persons appointed to serve the same must 
 certify the court of such service. 
 
 6. Congregations may be cited by the 
 Presbytery, Synod, or General Assembly, to 
 appear before it in regard to anv matter in 
 which they may be interested. 
 
 7. When it is deemed necessary to cite a congregation, 
 the citation must be directed to the session, through its 
 moderntor, with instructions to call a meeting of the con- 
 gregation, that they may appoint and instruct represen- 
 tatives to answer such citation ; for this purpose the 
 citation shall be read from the pulpit on the Sabbath pre- 
 ceding the meeting of the congregation. In the case, how- 
 ever, of a translation, and when a church is vacant or has 
 no session, the judicatory may appoint one of its own 
 number to serve the citation, to hold a meeting of the 
 congregation, and to preside in the same. 
 
 8. Citations addressed to congregations must be issued 
 in name and by authority of the judicatory citing, and be 
 
 OF CONGRE- 
 GATIONS. 
 
IHAP. VI. 
 
 f appear- 
 a general 
 36 accom- 
 py of the 
 be used 
 
 nt of the 
 !sses who 
 rpose for 
 hich they 
 uested to 
 
 tation, he 
 ible time 
 ly a third 
 i do not 
 }s dealing 
 case as if 
 
 fore thc^ 
 
 id second 
 
 purpose, 
 
 me must 
 
 by the 
 enibly, to 
 natter iu 
 
 ;regation, 
 
 'uugh its 
 
 the coii- 
 
 represen- 
 
 )ose the 
 
 )ath pre- 
 
 ise, how- 
 
 t or has 
 
 its own 
 
 of the 
 
 e issued 
 , and be 
 
 Jan 
 
 SECT. VI.] 
 
 ON CITATIONS. 
 
 67 
 
 OF CHURCH 
 COURTS. 
 
 signed by its Clerk, and should specify the object of the cita- 
 tion, together with the time and place at which appearance 
 is to be made. 
 
 9. When congregations are duly cited, it is their duty 
 to appear by their representatives, if the nature of the case 
 demands it. It may, however, be only necessary for them 
 to send a written communication to the judicatory, stating 
 their wishes in the premises. If, however, no appearance 
 be made they shall, if the case require it, be cited a 
 second and third time as in the case of persons, or other- 
 wise they may be held as acquiescing in the decision of the 
 court. 
 
 10. A superior court, for sufl&cicnt cause, 
 may cite an inferior court to appear before 
 it, and that either by representation or jointly 
 and severally. In the latter case the citation shall contain 
 the names of the several members of the court, and be 
 served on each person, as well as on the moderator and 
 clerk. In all such cases, however, at least thirty days 
 should intervene between the issuing of the first citation and 
 the time of appearance. If an inferior court fails to appear 
 when cited, or to give a good reason for its absence, a 
 second and a third citation may be issued ; and if no 
 appearance be then made, the members of such court so 
 acting, should be held as contumacious, and dealt with 
 accordingly. 
 
 11 . A Synod may summarily Ate any of the presbyteries 
 within its bounds [apud acta) to appear before it for suf- 
 ficient cause. In this case the citation must be issued 
 verbally, by the moderator, on the (\'.y preceding the time 
 irance, and the same should be minut 
 
 01 appcii 
 Synod Clerk. 
 
 by 
 
 Sect. VI. — Restoration from Church Censure. 
 
 1. Restoration is the removing of a sentence of suspen- 
 sion, deposition, or excommunication ; and cannot be 
 effected by a court subordinate to that by which the sen- 
 tence was passed, without special permission. 
 
 2. When a party has been suspended from the privilege 
 
68 
 
 RESTORATION FROM CENSURE. [CITAP. VI, 
 
 of full voinmunion, or from the exercise of office for a 
 spcciiic period, he ought, at the expiry of that period, to 
 appear before the court which inflicted the censure, and if 
 no new scandal has arisen, and it is satisfied with the evi- 
 dence of his penitence, he is, after such admonition or 
 rebuke as circumstances may warrant, restored to the 
 enjoyment of his privileges, or the exercise of his office. 
 
 3. When the sentence hns been for an indefinite peiiod, 
 application must be made to the court, praying for a remo- 
 val of the censure ; and, when this is done, it is its duty 
 to ascertain whether the censure has gained its great design, 
 by bringing the party to give hopeful evidence of repen- 
 tance. Being satisfied on these points, the court pT*oceeds 
 to restore him as above. 
 
 4. Persons refusing sul mission to discipline, and betak- 
 ing themselves to other churches to evade censure, should 
 not be received back into the fellowship of the church, un- 
 less they submit to the proceedings which were interrupted 
 by their former refusal. 
 
 5. Office-bearers who have been suspanded or deposed, 
 may be restored ; but this should be done with great cau- 
 tion, and with a due regard to the principle, that though, 
 as personal edification is the primary object oi' member skip, 
 restoration to it takes place as soon as true penitence is 
 discovered ; yet, as public edification is the primary object 
 of office, restoration to it is not to take place, however satis- 
 factory may be the evidence of penitence, unless it be 
 obvious that the general interests of religion will be advan- 
 ced, and not injured, by that step. The restoration of a 
 minister from suspension is publicly intimated to the con- 
 gregation over which he presided, if he still retains his 
 Conner tion with it, and is accompanied, when necessary, 
 with a suitable admonition or rebuke, administered in 
 presence of the congregation. Where he has been loosed 
 from his charge, this intimation is not necessary, and the 
 rebuke is administered in the court. 
 
 G. In the case of dijwsitioti from the office of the min- 
 istry, restoration can take place only after advising with 
 the supreme court, even when the sentence was pronounced 
 by the presbytery, and should never be granted without 
 
AP. VI. 
 
 SE< 
 
 :!T. VI.] 
 
 KNOX COLLEGE. 
 
 m 
 
 !G for a 
 mod, to 
 », and if 
 the evi- 
 ition or 
 1 to the 
 iffice. 
 i peiiod, 
 a remo- 
 its duty 
 t design, 
 f repen- 
 P'*oceeds 
 
 d betak- 
 , should 
 ircli, un- 
 errupted 
 
 deposed, 
 
 rent cau- 
 
 though, 
 
 her ship, 
 
 tence is 
 
 y object 
 
 /er satis- 
 
 ss it be 
 
 advan- 
 
 ion of a 
 
 the cou- 
 
 ains his 
 
 cessary, 
 
 ered in 
 
 ri loosed 
 
 and the 
 
 he min- 
 ig with 
 lounced 
 without 
 
 the most satisfactory evidence of deep sorrow for sin, and 
 after a lengthened period of exemplary, humble, and edi- 
 fying conduct. 
 
 7. A church member, or office-bearer, who has been 
 regularly tried, and has submitted to discipline, and been 
 restored, ought never to be upbraided for his former crime, 
 but is to be treated in all respects as if it had never been 
 comn)itted ; but if he relapses into scandal, he contracts 
 aggravated guilt, and incurs higher censure. 
 
 8. As the sentence of excommunication is never pro- 
 nounced except in cases of peculiar aggravation and con- 
 tinued impenitence, restoration is not to take place till after 
 frequent dealing with the conscience of the individual, and 
 the most complete, unequivnc:il, and continued evidence of 
 genuine repentance. Public iiitimation may also be 
 made to the congregation, of the purpose of restoration be- 
 fore it takes place, to afford an opportunity for objections 
 being made; and the restoration itself, when finally re- 
 solved on, may be publicly intimated. 
 
 CHAPTER. VII. 
 
 ON COLLEGES. 
 
 Sect. I. — Knox College. 
 
 1^™ ^,. ,XT,. «^^ Whereas a Theological Institution 
 
 ACT OF INCORrO- i i ,• x- i • 
 
 R\TION '"> VIC "^^° ' ^^^"^^ "P' """^ ^^ "'^^'' "^ 
 
 CAP G9 'i860 ' ^P^^'^^^on in Toronto, in this Proyifice, 
 ' * under the authority of the Synod of 
 
 the Presbyterian Church of Canada. And whereas the 
 property now held in trust for the said Institution has be<!n 
 acquired from persons who granted or conveyed the same 
 for the purpose of creating an educational establishment, 
 wherein the Theological principles and doctrines of tlie 
 Presbyterian Church of Canada should be taught, and the 
 said Synod has petitioned the Legislature for an Act to 
 incorporate the said In.^titution, under the name of " Knox 
 
;jif(j 
 
 70 
 
 KNOX COLLEGE. 
 
 [chap. VII. 
 
 College;" And whereas it is expflient to comply with the 
 said Petition : Therefore, Her Majesty, by and with the 
 advice and consent of the Legislative Council and Assem- 
 bly of Canada, enacts as follows : 
 
 1. James Gibb, of Quebec ; James Court, John Red- 
 path, and the Reverend Alexander P. Kemp, of Montreal ; 
 John R. Dickson and James Stewart, of Kingston ; George 
 Hay, of Ottawa ; Andrew JeflFrey, of Cobourg ; William 
 Heron and the Reverend Thomas Lowry, of Whitby ; 
 Donald McLellan, James Osborne, and the Reverend 
 David Inglis, f^f Hamilton; Morris C. Lutz, of Gait; 
 Charles Allan, ifEioi?; Alexander D. Ferrier, of Fergus ; 
 Andrew Smith, '^ ^' Woodstock ; William Clarke and the 
 Reverend John Scott, of London ; Archibald You g, of 
 Port Sarnia ; George Brown, Christopher S. Patterson, the 
 Reverend Michael Willis, D.D., and the Reverend William 
 Reid, of Toronto, and all and every such other person or 
 persons as now is or are or shall at any time hereafter be 
 ministers of the Presbyterian Church of Canada or mem- 
 bers of the said Church in full conmiunion therewith, 
 shall henceforth be a body corporate under the name of 
 " Knox College," and shall continue to be a body corpo- 
 rate, with 1 erpetual succession, and a common seal, and 
 with ohe powers vested in corporate bodies by " The 
 Interpretation Act," and also with power under the said 
 corporate name, and without license in mortmain, to hold 
 all property now held by the said Iiistitution, or by 
 one or more persons in trust for the benefit of the said 
 Institution, and to purchase, acquire, have, +ake, hold, and 
 enjoy, by gift, grant, coiiveyance, devise, bequest, or other- 
 wise, to them and their successors, any estate cr property, 
 real or personal,tc and for the use of the said CoUe ^e, in trust 
 for the promotion of theological learning and eoucation of 
 youth for the holy ministry, under the authority and accord- 
 ing to the principles and standards of the PresSyterian 
 Church of Canada aforesaid, and also with power to let, con- 
 vey, or otherwise dispose of such real or personal estate, from 
 time to time, as may be deemed expedient, with the written 
 consent of the Synod ; Provided always that such real 
 estate so held by the said Collego hereby incorporated, shall 
 
y corpo- 
 eal, and 
 
 "The 
 he said 
 to hold 
 
 or by 
 le said 
 Id, and 
 
 other- 
 roperty, 
 lin trust 
 ition of 
 laccord- 
 [yterian 
 let, con- 
 le, from 
 Iwritten 
 
 jh real 
 Id, Hhall 
 
 -^* :-itJ: 
 
 ■'^■AW^h'T'i^f 
 
 r;*^W- 
 
 '■=^*"'"-' 
 
 SECT. I.] 
 
 KNOX COLLEGE. 
 
 71 
 
 be such and such only as may be required for the purposes 
 of college buildings and ofl&ces, residences for the professors, 
 tutors, students, and oflBcers, with gardens or pleasure 
 grounds pertaining thereto ; PrDvided also, that the said 
 College may acquire any other real estate, or an^ interest 
 therein, by gift, devise, or bi quest, if made at least six 
 months before the death of the party making the same, 
 and the College may hold such estate for a period of not 
 more than three years, and the same or any p&rt or portion 
 thereof or interest therein which may not, within the said 
 period, have been alienated and disposed of, shall revert to 
 the party from whom the same was acquired, his heirs or 
 or other representatives ; and provided also, that the pro- 
 ceeds of such property as shall have been disposed of 
 during the said period, may be invested in the public 
 securities of the Province, stocks of the chartered banks, 
 or other approved securities, for the use of the said College. 
 
 2. It shall be lawful for the Synod of the Presbyterian 
 Church of Canada, at its next ordinary meeting after the 
 passing of this Act, to declare, by a resolution or a jy-law 
 to that effect and record in the register of proceedings of 
 the said Synod, the Theological doctrines and principles 
 which shall be taught in the csaid College, or what are the 
 books and documents in which the said principles and 
 doctrines are contained ; and such declaration so made 
 and recorded shall be irrevocable in so far as the said 
 College shall be concerned, and shall be held a1 ail times 
 thereafter to contain 1 he Theological doctrines and principles 
 to be taught in the said College, and for the propagation of 
 which the property now held for the said College, or here- 
 after acquired for the same, shall be appropriated, and to 
 no other. 
 
 3. And the said Synod of the Presbyterian Church of 
 Canada shall have power at its next or any subsequent 
 meeting, to appoint and remove professors and tutors in 
 such way and manner as to them shall seem good ; and 
 shall a'lSO have power to make rules and by-laws for the 
 government of the said College, and to alter, amend, and 
 annul the same and make other rules instead thereof, and 
 also to constitute a senate for the said College, with such 
 
•"fi'eif:,:'ti'l<,-fe. 
 
 m 
 
 *^k 
 
 72 
 
 KNOX COLLEGE. 
 
 [chap. VII, 
 
 powers as they may deem from time to time expedient ; 
 also to constitute a board of management for the financial 
 and other affairs of the said College not otherwise provided 
 for, in such manner and with such powers and under such 
 conditions as to the said Synod shall from time to time 
 seem expedient ; Provided always that such by-laws, rules, 
 and regulations be not contrary to this Act, or repugnant 
 to the laws of this Province. 
 
 4. In case the body of Christians known under the name 
 of the Presbyterian Church of Canad?, shall at any time 
 or titnes heroafter, under that or any other name, unite 
 itsoU" with any other body or bodies of Presbyterians 
 adi oring to the principles and doctrines mentioned In the 
 duel '\ition to be made according to the second section of 
 this ^ ct, or in the books and documents therein mentioned 
 as C'ltaining the said principles and doctrines, or take 
 aueli other body or bodies of Presbyterians into union with 
 it.\se]:. >.:id in case such united body of L'«'esbyterians shall 
 agr At to hold and shall hold a Synod once or ot'leuer in 
 each year according to the manner now in use in the said 
 Prchbyteii m Church of Canada, then and in every such 
 case this Act shall apply to such united body of Presby- 
 terians under whatever name they shall have formed such 
 union, and all rights, powers, and authoritiof by this Act 
 vested in the Synod of the Presbyterian Church of Canada 
 shall be vested in and apply to the Synod of su^h united 
 body under whatever name or designation such united 
 body may be known. 
 
 5. In c;ise the said Presbyterian Church of Canada, or 
 sucl . unitcal body as aforesaid shall determine to form itself 
 intc two oi- more Synods, and to form one General Assem- 
 bly which shall have supreme jurisdiction in such Church 
 or united body, then all the right?, powers, and authorities 
 by this Act vested in the Sy lid of tne Prosbyicrian Church 
 of Canada, or in the Synod of such united uody as afore 
 said, shall be diverted from ilie said Synod and be applied 
 to and be vested in such General Assembly ; and for the 
 purposes of this Act such Geueral Assembly or Supreme 
 Court shall thenceforth exclusively exercise all the rights, 
 po;?ers, and authorities conferred by this Act on the Synod 
 of the Presbyterian Church of Canada. 
 
p. VII. 
 
 jdient ; 
 nancial 
 •ovided 
 er such 
 ;o time 
 3, rules, 
 lUgnant 
 
 le name 
 [ly time 
 ;, unite 
 rtei'ians 
 , ill the 
 ction of 
 intioned 
 or take 
 on with 
 ms shrill 
 euer in 
 the said 
 ;ry such 
 Presby- 
 ed such 
 his Act 
 Canada 
 united 
 united 
 
 iiada, or 
 ]u» itself 
 Assera- 
 Church 
 liorities 
 iChurch 
 IS afore 
 applied 
 for the 
 (upreme 
 rights, 
 Synod 
 
 •■'^■'*^ ' 
 
 '■<''*^^>'-i.m^'mmm,Mism-! •tJiiwa^,;- 
 
 '^^4 
 
 SECT. II.] KNOX rOLF.EOE. 
 
 6. This Act shall be deemed a Public Act. 
 
 rs 
 
 The Synod in accordance with the 
 
 DECLARATION OF . v ^\ ^ \ ,. r ti • *• r» 
 
 terms oi the Act tor the incorporation of 
 
 PRINCIPLES. T.^ n 11 t •* fi i. • Ti. 
 
 Knox College, at its first session after 
 the passing of the Act, resolved and declared, — 
 
 That the principles and doctrines to bu taught in Knox 
 College by the professors and tutors, or other persons who 
 shall from time to time, and at all times hereafter, be 
 '^mploycd or appointed in giving instruction in the said 
 College, shall be such and such only as are consistent with 
 .ind agreeable to the 'Confession of Faith,' the 'Larger 
 and Shorter Catechisms,' and the ' Form of Church Gov- 
 ernment,' "U which are called ' The Westminster Standards,' 
 and shall comprise all theological learning consistent with 
 said Standards ; Provided always, that the said ' Confes- 
 sion of Faith,' be understood and taken with the explana- 
 tory note thereto, agreed upon by the Synod of the Pres- 
 byterian Church of Canada, met at Toronto in the year 
 year of our Lord, 1854 : Provided also, that the said 
 ' Westminster Standards ' be taken and understood^ with 
 such other, or further directions and rules as to Church 
 government, discipline, or worship, as may from time to 
 time be prescribed or ordained by the Synod of the said 
 Presbyterian Church of Canada, with the concurrence of 
 a majority of tho Presbyteries of the said Church, to be 
 ascertained in such mannei as the Synod shall prescribe, 
 and that such regulations and rules be duly recorded in 
 the minute book of the said Synod, and signed by the 
 Moderator and clerk for the time being of such Synod. 
 
 The Synod further instruct heir Clerk to register this 
 resolution and declaration in the rei^ords of the Synod and 
 in the public Records of the City of Toronto. 
 
 Sect. II. — Government and Administration. 
 
 1. There shall be a Board of Man- 
 
 M \NAUEMENT "S^^^^"^' composed of thirty-five persons, 
 ' * ' • • • ordained ministers and elders of the 
 Church, of whom seven shall be a quorum for the trans- 
 action of all business. The said Board shall be annually 
 
 H 
 
 >i»*-; 
 
»-jf^.vn5i.V«,5(;#ii,(i 
 
 7t 
 
 KNOX COLLEQE. 
 
 [chap. VII. 
 
 appointed by the Synod, and its members shall hold office 
 until their successors be appointed. They shitll appoint 
 their own Secretary and Treasurer, who shall keep records 
 and accounts which shall be open to the inspection of the 
 Synod. The Chairman of the Board shall be appointed 
 annuall)' by the Synod, and in the event of i;o such appoint- 
 ment being made, or of the death, removal, or resignation 
 of said Chairman, his place shall be supplied by the Board 
 itself. 
 
 2. The Board shall be convened, by the Chairman, at 
 least three times a year, and at sjuch time, and in such 
 manner as may be determined by the Synod or by the 
 Board itself. 
 
 3. The Board shall have the whole management of the 
 financial affairs of the said College, shall receive and dis- 
 burse all its moneys, keep and manage all its property, and 
 transact all its business relating to property and money 
 committed to its care, by the Synod or otherwise, and shall 
 exercise all the powers, in regard to property and money, 
 vested in the Corporation of Knox College, by the Act 
 22 Vic, Cap. 69. In cases where special instructions shall 
 be given by the Synod, in writing under the hand of their 
 Clerk, it shall be the duty of the said Board to act accord- 
 ing to such instructions. 
 
 4. The Board shall receive annual Reports from the 
 Senate in reference to the departments under the care 
 of said Senate, and shall transmit the sanie to the Synod 
 along with a Report on all matters entrusted to said Board, 
 and an audited balance sheet of the property and financial 
 affairs of the College. 
 
 5. The Board shall further take general cognizance of 
 all matters pertaining to the interest of the College, and 
 co-operate with the Senate in maintaining its discipline. 
 They shall also take charge of the Boarding department of 
 the College, and make such regulations for its management 
 as they may see fit, and shall appoint all subordinate 
 servants, and dismiss and remove the same as they shall 
 see fit. 
 
 6. The Board shall have power to appoint an acting 
 sub-committee with such powers as they may deem re- 
 quisite. 
 
^P. VII. 
 
 d office 
 nppoint 
 records 
 1 of the 
 (pointed 
 iippoint- 
 ignation 
 e Board 
 
 man, at 
 
 in such 
 
 by the 
 
 t of the 
 and dia- 
 rty, and 
 i money 
 ind shall 
 
 money, 
 
 the Act 
 
 )ns shall 
 
 of their 
 
 accord- 
 
 rom the 
 he care 
 ; Synod 
 Board, 
 niancial 
 
 nee of 
 and 
 icipline. 
 ment of 
 gement 
 irdinate 
 ey shall 
 
 acting 
 jem re- 
 
 (>0 
 
 tUtmn 
 
 irtMlM 
 
 MklMB 
 
 SECT. II.] 
 
 KNOX COLLEOE. 
 
 75 
 
 7. The Chairman of the Board shall have charge of 
 
 the Corporation Seal, shall affix it to such documents as he 
 
 may be directed by the special instructions of the Board. 
 
 8. The Principal and Professors of 
 THE SENATE. u n n * ii *i 
 
 tlio College, together with sevtn n\em- 
 
 bers of Synod, shall be annually appointed by the Synod 
 as a '^ CoLLEOE Senate," to whom shall be entrusted the 
 reception, academicul superintendence, and discipline ol' the 
 students, and of all other persons within the said College. 
 The Senate shall take a general inspection of the whole 
 internal arrangements of the College, and of the studies of 
 the students, and shall place said .students in that year 
 of the Curriculum to which they may be certified by Pres- 
 byteries, or by such other body as the Synod may determine, 
 and shall have charge of the Library and MuvSeum. 
 
 9. The Senate shall at the close of each College Session, 
 hold an examination of the students and present to the 
 Board of Management a Report on the studies of the 
 classes, and on any other matters under its supervision. 
 
 10. The Title of the Principal shall be— 
 " The Reverend the Principal of Knox Col- 
 lege." 
 
 11. He shall preside in all meetings of the College 
 Senate, and summon such meetings at stated or convenient 
 times. In the unavoidable absence or inability of the 
 Principal, the senior Professor shall summon and preside at 
 necessary meetings of the Senate with the consent of the 
 other Professors. In case of a division, the Principal shall 
 only have a casting vote. 
 
 12. He shall preside at the public opening and closing of 
 the College Session. 
 
 18. He shall be the medium of communication with, and 
 conduct the official correspondence of the College Senate. 
 
 14. He shall have a general superintendence of the 
 studies of the students in accordance with the instructions 
 of the Senate ; it being understood that the other Pro- 
 fessors shall be responsible only to the Synod for the 
 discharge of the duties entrusted to them. 
 
 15. That no person shall at any 
 time be employed or inducted into 
 office as a Professor of Theology 
 who is not at the tim<' of his 
 
 the 
 
 PRINCIPAL. 
 
 appointment of 
 professors and 
 
 TUTORS. 
 
7(i 
 
 KNOX COLLEGE. 
 
 [CIIAI'. VH. 
 
 employment or induction an ordained Minister of the Pres- 
 byterian Church of Canada ; and if a Licentiate shall 
 at arjy time be appointed, he shall, before induction, be 
 ordained to the Holy Ministry in the usual manner by the 
 Presbytery of Toronto, or by a Commission specially 
 appointed for that purpose by the Synod ; and all persons, 
 if any, who shall be appointed or employed as Tutors, shall 
 at the time of their entrance into office be members of the 
 said Church in full communion therewith, and that said 
 Professors and Tutors shall ^ign the Foiinula appointed to 
 be signed by Ministers, &e., of the Church. 
 
 16. That all professors and tutors who shall hereafter 
 be appointed or employed in the said college, shall be 
 appointed by the said Synod at its ordinary annual session, 
 or at any special meeting of the said Synod to be called for 
 the purpose of making such appointments or appointment 
 by notice from the moderator of Synod for the time being, 
 to be sent to each member of Synod at least fifteen days 
 before the day appointed for such special meeting, such 
 appointment to be made by open vote of the majority of 
 members present at the Sederunt of the said Synod at 
 which the appointment shall be made, or in such other 
 manner as the said Synod shall from time to time by 
 resolution dcie/mii^e and direct to be pursued in making 
 such appointu'"nts; provided always, that any such pro- 
 fessor or tutor may resign, or may by the said Synod be 
 removed, suspended or deposed from office, according to 
 the laws of the church, and in case of any such tutor 
 resigning or ceasing to be such as aforesaid, or in case any 
 such professor being removed or being deposed from the 
 ministry in due process of discipline, such tutor or professor 
 so resigning, ceasing to be a member, or being removed, or 
 deposed as aforesaid, shall ipso f((cto cease to be a professor 
 or tutor in the said college, and cease to have any emol- 
 ument or privilege belonging to the said college, and his 
 office shall be vacant. 
 
 17. The session or academical year 
 shall commence on the first Wed- 
 nesdav of October, and end on the 
 first Wednesday of April. There shall be such recess at 
 the end of December as may be fixed by the Senate. 
 
 OF SESSIONS AND 
 ADMISSIONS. 
 
iAi». vir. 
 
 SECT, iir] 
 
 MONTREAL COLLEGE. 
 
 77 
 
 the Pres- 
 ate shall 
 ction, be 
 Qv by the 
 ppcciully 
 [ persons, 
 ;ors, shall 
 irs of the 
 that said 
 lointed to 
 
 hereafter 
 shall be 
 il session, 
 called for 
 jointment 
 me being, 
 teen days 
 ing, such 
 injority of 
 Synod at 
 ach other 
 
 time by 
 n making 
 such pro- 
 Synod be 
 yording to 
 ach tutor 
 
 case any 
 
 from the 
 ' professor 
 moved, or 
 I professor 
 any emol- 
 
 and his 
 
 micalyear 
 irst Wed- 
 id on the 
 1 recess at 
 ate. 
 
 18. No person shall be entitled to rank as a student who 
 has not been certified to the Senate by .some presbytery of 
 the church, or such other body as the Synod may appoint, 
 and who lias not signed the Album of the College, and 
 a\. oed to submit to its discipline in such form as may be 
 determined by the Senate. 
 
 19. Every student shall, at the end of each Session, apply 
 to the professors on whose instructions he has attended, 
 for certiticates attesting the regularity of his attendance, 
 his proficiency, diligence and general conduct, which certifi- 
 cates shall be presented to the presbytery of the v h, by 
 whom the said student may be examined for licei >■ to 
 the Board of Examiners for entrance upon the ne-\ mi of 
 the Curriculum; and before any student shall be taken 
 on trials for license, he shall present to his presbytery a 
 certificate from the Senate, signed by the Principal, at- 
 testing that he has attended all the classes and performed 
 all the duties required by the church. 
 
 20. Cases of an urgent or peculiar nature of attendance 
 on, or absence from the classes of any particular year shall 
 be adjud>ied upon by the Senate according to the circum- 
 stances of each case. 
 
 Sect. III. — The Curriculum. 
 ™„^^T .s^,-,. . , !• The Curriculum of study shall be 
 
 THEOLOGICAL. , . x- u i i. • i 
 
 such as may at any time be determined 
 
 by the Synod, and for the present is for the 'J'heological 
 
 cuurse: — 
 
 2. First year — Evidences of Natural and Revealed Re- 
 ligion ; Senior Hebrew ; Church History ; Study of New 
 Testament, (Greek.) 
 
 3. Second year — Systematic Theology; Church History ; 
 Hermeneutics and Biblical Criticism ; Exegesis. 
 
 4. Third year — Systematic Theology ; Hermeneutics 
 and Biblical Criticism ; Exegesis ; Pastoral Theology. 
 
 Note. — A committee has been appointed to prepare a 
 curriculum of Literary Studies to be reported to the next 
 meeting of Synod — 1866. 
 
 
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78 
 
 MONTREAL COLLEOE. [CHAP. VII. 
 
 Sect. IV. — The Presbyterian College of Montreal. 
 
 ACT OP Whereas petitions have been presented 
 
 iNCORPORATiONjon behalf of the Canada Presbyterian 
 18(55. Church, setting forth that the said church 
 
 is desirous of creating an educational establishment in 
 Montreal, in connection with the same, and praying for an 
 Act of Incorporation, and it is expedient to comply with 
 the said petitions ; Therefore, Her Majesty, by and with 
 the advice and consent of the Legislative Council and 
 Asfeombly of Canada, enacts as follows : 
 
 1. John Red path, George Rogers, Warden King, the 
 Reverend William Taylor, D.I)., the Reverend Alexander 
 F. Kemp, M.A., the Reverend D. li. McVicar, Joseph 
 Maykay. Frederick W. Torrance, James Court, Andrew 
 Robertson, Peter Redpath, William D. McLaren, J. Wat- 
 son, and Alexander McGibbon, all of Montreal , James 
 Rbss, the Reverend William B. Clarke, John Ross, 
 and James Hossack, all of Quebec ; Chailcs Benedict and 
 the Reverend Daniel Paterson, M.A., both of Saint 
 Andrews, and the Reverend John Crouibie, M.A., of 
 Inverness, and such persons as may, from time to time, be 
 and become members of the Canada Presbyterian Church, 
 within the limits of Lower Canada, shall henceforth be a 
 body corporate, under the name of " The Presbyterian 
 College of Montreal." 
 
 [The remainder of clause 1, as also clauses 2, 3, 4, and 
 5, are the same as the Act for Knox College.] 
 
 6. The said Presbyterian College of Montreal may at 
 any time become affiliated to the University of McGill 
 College upon such' terms as the said University and the 
 said Presbyterian College of Montreal may agree upon. * 
 
 Declaration of Principles. 
 
 The Synod, in accordance with the terms of the Act 
 passed last session of the Legislature for the Incorporation 
 of the Presbyterian College of Montreal, at this its first 
 session after the passing of vlic Act, resolved and declared — 
 
 That the principles and doctrines to be taught in the 
 Presbyterian College of Montreal by the professors and 
 
■=airiifc-o 
 
 ■MaMMMa 
 
 SECTS. IV. v.] MONTREAL COLLEGE. 
 
 79 
 
 tutors, or other persons who shall from time to time, and at 
 all times hereafter, be employed or appointed in giving in- 
 struction in the said College, shall be such and such only 
 as are consistent with and agreeable to the " Confession of 
 Faith," the " Larger and Shorter Catechisms," and the 
 " Form of Church Government," al! of which are called 
 " The Westminster Standards," and shall comprise all 
 theological learning consistent with the said Standards ; 
 Provided always that the said Standards be understoof' and 
 taken in terms of the Articles of Union agreed up^^r by the 
 Synod of the Canada Presbyterian Church at Montreal in 
 the year of our Lord 1861 ; Provided also, that the said 
 " Westminster Standards " be taken and understood with 
 such other or further directions and rules as to Church 
 government, discipline or worship, as may from time to 
 time be prescribed or ordained by the Synod of the said 
 Canada Presbyterian Church, with the concurrence of a 
 majority of the J^resbyteries of the said Church, to be 
 ascertained in such manner as the Synod shall prescribe, 
 and that such regulations and rules be duly recorded in 
 the minute-book of the said Synod, and signed by the 
 Moderator and Clerk for the time being of such Synod. 
 
 The Synod further instruct their Clerk to register this 
 resolution and declaration in the records of the Synod. 
 
 Note. — The Rules and Regulations for the government 
 of the Montreal College have not yet (18G5) been passed, 
 and the Synod has deferred organizing it for another year. 
 
 Sect. V. — Board of Examiners. 
 
 1. The Board of Examiners shall consist often members, 
 to be appointed annually by the Synod. 
 
 2. The Synod recommends students for the ministry to 
 take, when possible, a full course in some approved College 
 (say University or McGill College) and obtain the degree 
 of B. A., before entering on their Theological studies. 
 
 3. Students not taking a full couvse, are required to 
 give three years attendance on such classes at University 
 or McGill College or Colleges affiliated with either, as the 
 Synod may direct, and to pass the terminal examinations 
 connected with these classes. 
 
80 
 
 BOARD OF EXAMINERS. [CHAP. VII. 
 
 I '. 
 
 4. Such last mentioned students are required to pass an 
 entrance examination before this Board and to lay befoie 
 it, at the close of each session, certificates of attendance on 
 the prescribed classes. 
 
 6. In the cah^e of students who have passed their entrance 
 examination, the Board is empowered to dispense with at- 
 tendance on the prescribed classes for one or more years, 
 where special circumstances may seem to require it, 
 provided that students thus exempted pass an examination 
 before this Board on the subjects of study in these classes ; 
 all such cases to be reported to the Synod. 
 
 6. The place of students in the curriculum is to be de- 
 termined by the Board according to their attainments. 
 
 7. Students applying to the Board for examination are 
 required to bring certificates from the Presbytery, within 
 whose bounds they reside, of their fitness as candidates for 
 the Ministry. 
 
 8. The Board is instructed to prepare a curriculum 
 suited to the case of students who do not take the lull 
 College course, and to report to the next Synod ; the 
 Board itself to determine for the present year what clafcses 
 shall be attended by students of the several yeai-s. 
 
 9. All students purposing to enter the Theological 
 Ck'sses, duly certified by the Presbyteries of their bounds 
 as fit candidates for the ujinistry, are required to pass an 
 entrance examination on the subjects prescribed, and 
 also at the beginning of the second and third sessions 
 of their Theological course ; and further, the Senate shall 
 receive no student to the regular course of Theological 
 study unless he is certified by the Board. 
 
 10. Theological students are required to appear before 
 the Presbyteries within which they reside, between the 
 sessions of Knox College, and deliver at least one written 
 exercise. 
 
 11. In order to encourage students to take a full Uni- 
 versity course, the Board of Examination is empowered to 
 take the necessary steps for instituting Scolarships, open 
 for competition to such students in the various years of 
 their attendance. Competitors for these Scholarships to 
 give a declaration of their intention to enter the Ministry 
 of this church, and satisfactory assurance that, in the event 
 
IsimiUkMiimimmtmtmiimmmm 
 
 SECT. 
 
 v.] 
 
 BOARD OF EXAMINERS. 
 
 81 
 
 of not carrying out this intention, the sums thus received 
 shall be refunded. 
 
 12. Students to be employed in Home Missions only 
 after they have attended one session in the Theological 
 Classes. No student shall go out to preach during the 
 College Session, without first obtaining the consent of the 
 Senate, and this permission shall not be granted more 
 thiin three times in each term while the classes are in ses- 
 
 sion. 
 
 13. All rules and 
 above are repealed. 
 
 regulations inconsistent with the 
 
APPENDIX OF FORMS, ETC. 
 
 1. Form of Intimation appointing a Moderation in a Call. 
 
 It is hereby intimated in name and by the appointment of the 
 Presbytery of that in terms of an application 
 
 from this congregation, a meeting will be held within this Church 
 on the day of next, at 
 
 o'clock, for the purpose of moderating in a call to a 
 minister. The Rev. A. B. to preach and preside. 
 
 {Place and date,) 
 
 Prenbytery Clerk. 
 
 2. Form of a Call to a Minister. 
 
 WE the office-bearers, members and adherents, of the congre- 
 gation of under the care of the Presbytery of 
 in connection with the Canada Presbyterian Church 
 desirous of promoting tl:e glory of God and the good of the 
 Church ; being destitute of a fixed pastor, and being assured by 
 good information and our own experience, of the ministerial 
 abilities, piety, literature and prudence, as also of the suitable- 
 ness of the gifts of you Mr. A. B., preacher (or minister) of the 
 Gospel, for tiiis charge, have agreed to invite, call, and en- 
 treat, like as we, by these presents, do heartily invite, call, and 
 entreat you to undertake the office of pastor among us, and the 
 oversight of our souls, and further upon your accepting this our 
 Call, we promise you all due respect, encouragement, and sub- 
 jection in the Lord, and to contribute to your suitable mainten- 
 ance as God may prosper us. 
 
 IN WITNESS whereof we have subscribed these presents at 
 this day of one thousand eight 
 
 hundred and ^ years. 
 
 3.. Call to a Colleague and Successor. 
 
 The same as the preceding excepting that instead of the words 
 being destitute of a fixed pastor" say " taking into conside:ation 
 the age and infirmity of the Rev. A. B. , our present be- 
 loved pastor, and the necessity of having a colleague to him 
 
FORMS. 
 
 83 
 
 in his charge;" or, "the size and extent of our congregation 
 and our need of a colleague to the Rev. A. B., our present be- 
 loved pastor, in his charge." And after the word "Souls" intro- 
 duce "a3 colleague and successor" (or simply "colleague"), 
 to the said A. B." 
 
 4. Concurrence hy persons not in full Communion, 
 
 We, the subscribers, ordinary hearers in the congregation of 
 
 , hereby declare our hearty concurrence 
 in the call addressed by the members of the said congregation 
 to Mr. , to be their pastor. 
 
 The signatures to this to be attested. 
 
 5. Adherence to tJie Call hy Members not present on the 
 Day of Moderation, usually appended to the Call. 
 
 "We, the undersigned, members of the congregation of 
 do hereby signify our adherence to, and entire concurrence in 
 the above call, addressed to Mr. 
 
 , to be minister of the said congregation. 
 
 6. Attestation of Call. 
 
 By the Moderator. 
 
 That the above names, to the number of 
 
 persons certified to be members of, and in full communion with, 
 
 the congregation of , were subscribed by 
 
 the parties themselves, or by me at their special request, this 
 
 day of 18 , is attested by 
 
 B., Moderator. 
 
 Bt the Elders. 
 The above names, to the number of 
 
 of per- 
 sons, members of, and in full communion with, the congregation 
 of , were subscribed by the parties themselves 
 
 in our presence, or by one of us, at their special request, this 
 day of 
 
 W. X., Elder. 
 Y. Z., Elder. 
 
 7. Edict for Ordination of a Minister. 
 
 Whereas the Presbytery of of the Canada Pres- 
 
 byterian Church, have received a call from this congregation, 
 addressed to A. B., preacher (or minister) of the gospel, to be 
 their minister, and the said call has been sustained as a regular 
 gospel call, and been accepted by the said A. B. [and he has 
 undergone trials for ordination] ; and whereas the said presby- 
 tery having judged the said A. B. qualified for the ministry of 
 the gospel, and the pastoral charge of this congregation, have 
 
04 
 
 FORMS. 
 
 resolved to proceed to his ordination on the day of 
 
 Notice is hereby given to nil concerned, that if they, 
 or any of them, have anyiliing to olijcct why the said A. B. 
 should not be ordained pastor of this congregation, they may 
 repair to the presbytery, which is to meet at 
 on the said day of ; with certification, 
 
 that if no valid objection be then made, the presbytery will pro- 
 ceed without further delay. 
 
 By order of tin' presbytery, 
 
 (Place and Date.) 
 
 CD., Chrk. 
 When the person to be settled is already a minister, leave out 
 the words within [ ], and, instead of -'ordination" and "or- 
 dained," say "induction" and "inducted." 
 
 8. Citation in Cases of Translation. 
 
 A Call from the congregation of to Mr. C. D. minister 
 
 of ti>i3 congregation, having been laid before the presbytery of 
 at lh«'ir last meeting, they have agreed to take the 
 steps usual in such a case, and acc-oidingly hereby summon the 
 Church Session and members of this congregation, 'o appear at 
 a meeting of the presbytery to be held at on the day 
 
 of next at o'clock that they may give reasons if ihey 
 
 have any why Mr. C. D 's translation muy not proceed ; with 
 certification that if no appearance be made they shall be held as 
 consenting to said translation. 
 
 (Place and date.) * 
 
 Presbytery Clerk. 
 
 In the case of a resignation the edict is mutatis mutandis the 
 same. 
 
 9. Declaration of Pastoral Charge Vacant. 
 
 In consequence of the translation (Resignation or death, as 
 the case may be) of Mr. C. D. which occurred on the day 
 
 of last, the presbytery of hereby intimate and declare 
 
 that the pastoral charge of this congregation is now vacant, and 
 further call upon all parties having interest in the same to 
 proceed to fill up the vacancy with all convenient speed, and 
 according to the laws and practice of the church. 
 
 (Place and Date.) 
 
 * Presbytery Clerk. 
 
 10. Formula for the Ordination of Missionaries. 
 
 Questions 1, 2, 3, 4, 5, 6, and 1, the same as for the ordina- 
 tion of Ministers. 
 
day of 
 lint if they, 
 said A. B. 
 , they may 
 
 rtification, 
 y will pro- 
 
 Clrrk. 
 leave out 
 
 •or- 
 
 and 
 
 D. minister 
 ssbytery of 
 
 take the 
 immon the 
 ) appear at 
 
 1 day 
 sons if they 
 :eed ; with 
 
 be held as 
 
 ■y Clerk, 
 utandis the 
 
 It. 
 
 r death, as 
 ! day 
 
 and declare 
 racant, and 
 le same to 
 speed, and 
 
 ry Clerk. 
 
 aries. 
 
 the ordina- 
 
 '"'"!»3B1 
 
 ■,',M-,.u. .—■ ........^^^-..^^^ii^^ 
 
 F0RM9. 
 
 86 
 
 8. Do you devote yourself to the office of a Missionary of this 
 Church, engaginpf in this solemn undertaking with a deep sense 
 of the responsibilities of one to whom this grace is given 
 of preaching the unsearchable riches of Christ ; and in this ar- 
 duous work of turning men from darkness to light, and from the 
 power of Satan to God, do you resolve to endure hardness as a 
 good soldier of Jesus Clirist, that, wiien tlie Cuief Shepherd 
 shall appear, you may receive a crown of glory that fadeth not 
 away ? 
 
 9. And all these things you profess and promise, throush 
 grace, as you shall be answerable at the coming of the Lord 
 Jesus Christ, with all His saints, and '^s you would be found in 
 that happy company? 
 
 1 1 . Edict for the Ordination of Elders. 
 
 Whereas A, B, C, and D, members of this congregation, and 
 lately elected to be Elders in the same, have declared their 
 acceptance of said call, and have been examined by the Ses- 
 sion as to their religious knowledge, and the goverment and 
 discipline of the church, and the duties of their office, and have 
 been approved of as persons worthy and fit to be ordained to the 
 office of the Eldersliip. — Notice is hereby given, that if any per- 
 son or persons have objections why the said A, B, C, and D, or 
 any of them, should not be ordained to the office of Elders, 
 they may repair to the Session appointed to meet in the ses- 
 sion house, on the day of at 
 o'clock, to state the same ; with certification, that if no valid 
 objection be then made, the Session will proceed to the ordina- 
 tion without delay. 
 
 By order of the Session, 
 
 (Place and Date.) 
 
 C. D., Clerk. 
 
 12. Certificate of License to a Preacher. 
 
 At , the day of one thousand 
 
 eight hundred and : The which day the Presby- 
 
 tery of of the Canada Presbytt-rian Church, 
 
 having taken into consideration, that A. B., Student of Divinity 
 had passed the usual and required course of literature and phi- 
 losophy previously to being received as a theological student; 
 that he had thereafter studied Divinity during the space of three 
 years at College, and delivered the discourses prescribed by the 
 Professors ; that having completed said course of study he was, 
 by permission of Synod taken upon trials by the Presbytery for 
 license as a preacher of the Gospel ; and having finished the 
 trials allotted to bira, each of which has been severally appro- 
 ved of, and satisfied the presbytery as to his personal piety, and 
 
80 
 
 FORMS. 
 
 motives for seeking to enter tlie ministerial offlce ; the Presby- 
 tcrj', on a review of the whole appearances, declared their satis- 
 faction with the evidences which he had given of his qualifica* 
 tions for becoming a licentiate of this Church, and agreed th^t 
 he should be licensed to preach the gospel ; Whereupon the 
 questions of the Fcrmula appointed to be put to such as are to 
 be licensed, were put to him, «nd he gave satisfying answers to 
 all the same ; wherefore the said Presbytery of 
 did, and hereby do, license the said A, B. to preach the Gospel 
 of Christ, and exercise his gifts as a Probationer for the holy 
 ministry in this church, and agreed to grant him an extract of 
 license and testimonials in common form. 
 
 Extracted and certified this day 
 
 one thousand eight hundred and sixty 
 
 0. D., Presbytery Clerk. 
 
 13. Form of Transference for Students on Trials for 
 
 License. 
 
 The Presbytery of having applied for and obtained permis- 
 sion from the Synod of which met at , in the year , 
 to take Mr. S. M. on public probationary trials, did accordingly 
 prescribe to him subjects of examination, as the Act for the Li- 
 censiu? of Students directs. (State what, if any, of the trials 
 were heard.) At this stage, Mr. S. M. requested to be transfer- 
 red to the Presbytery of ; and this Presbytery agreed to 
 grant said transfer ; and hereby do transfer Mr. S. M. to the 
 Presbytery of , for the completion of said trials, with a 
 view to License. 
 
 Attested this day of 
 
 hundred and sixty , at 
 
 one thousand eight 
 
 M. N., Pres. Clerk. 
 
 14. Preshyterial Certificate to a Licentiate. 
 
 That the bearer Mr. 0. D. who was duly licensed to preach the 
 Gospel, has resided within the bounds of this Presbytery for the 
 past ; that he has faithfully discharged the duties assigned 
 
 to him and conducted himself, so far as known to the Presby- 
 tery, in a way becoming his position and his views of the Holy 
 Ministry : all which is certified in name and by authority of the 
 Presbytery of this day of one thousand eight 
 
 hundred and years by 
 
 M. N., Pres. Clerk. 
 
 15. Form of Elder' s Commission. 
 
 At 
 and 
 
 the day of 
 
 years the Session of 
 
 one thousand eight hundred 
 congregation being met and 
 
the PresVjy- 
 1 their satis- 
 3 qualifica- 
 ipjreed that 
 re upon the 
 :l\ as arc to 
 ; answers to 
 
 1 the Gospel 
 )r the holy 
 a extract of 
 
 day 
 ad sixty 
 
 yytery Clerk. 
 Trials for 
 
 ined permis- 
 ;ie year , 
 accordingly 
 t for the Li- 
 of the trials 
 be transfer- 
 y agreed to 
 3. M. to the 
 ialb, with a 
 
 3usand eight 
 Pres. Clerk, 
 late. 
 
 to preach the 
 ^tery for the 
 ties assigned 
 the Presby- 
 of the Holy 
 lority of the 
 usand eight 
 
 Pres. Clerk. 
 
 ght hundred 
 eing met and 
 
 FORMS. 
 
 87 
 
 constituted with prayer; Inter alia tlie Session did, and hereby 
 do, choose and appoint Mr. a faithful acting elder in thia 
 
 congregation to be their Commissioner to represent them in the 
 Presbytery (and >ynod) for the ensuing twelve (or six) months 
 willing him to attend nil the diets thereof and to have in view 
 in all his actings the glory of God and the best interests of the 
 Church ; and they atuhorise the Moderator or Clerk to subscribe 
 this as bis Commission. 
 
 (Place and Date.) 
 
 M.N. Mod. (or Clerk. 
 
 16. Forms of Libel. 
 
 No. 1. Libel for Immorality . 
 
 Mr. A. B., Minister of the congregation of under the 
 
 care of tlie presbytery of You are indicted and accused at 
 
 the instanfje of C. and D., Members of the said presbytery, That 
 Albkit by the Word of God and the laws of the Canada Presby- 
 terian Church, (here state the denomination of the offence, as 
 drunkenness, &c.,) is an offence of a heinous nature unbecoming 
 the character and sacred profession of a minister of the Gospel, 
 and severely punishable by the laws and rules of this church : 
 Yet true it is and of verity that you, the said A. B., are guilty of 
 the said offence in so far as on the day of one thou- 
 
 sand eight hundred and sixty years, or on one or other of 
 
 the days of that month, or of the month preceding or following, 
 you the said A. B. did at (here describe the place aad circum- 
 stances of the offence) ; All which or part thereof being con- 
 fessed by you, or being found proven against you the said 
 A. B. by the said jjresbytery of before which you are to be 
 
 tried, you the said A. B. ought to be punished according to the 
 rules and discipline of the church and the usages observed in 
 such cases, for the glory of God, the edification of the church, 
 and to the terror of others holding the same sacred office. 
 Signed at in name, presence and by appointment of the 
 
 presbytery of this day of * 186 years by 
 
 C. 
 To be signed by the parties libeling. D. 
 
 Where the oflFence, besides being sinful in itself, is aggravated 
 by particular circumstances, — such as by being committed 
 on the Lord's day, — the aggravation should be expressed, thus, 
 — " drunkenness, aggravated by its having been committed 
 on the Lord's day ;" and, " it,being the Lord's day." 
 
 Where a course of conduct is charged, the complaint will 
 run thus, " drunkenness, habitually indulged "in ;" and after 
 specifying the special acts charged, if any, there should be added 
 " And further, he, the said C. D., is a habitual drunkard, and 
 during the period between the day of , and 
 
^^imi,iid'*..i mtm. 
 
 FORMS. 
 
 he indulged In the said habit 
 
 was scon, on various occasions witliln 
 
 the day of 
 
 of intoxication, and 
 
 tliat period, under the influence of liquor. In particular" 
 
 (here specify the particular occasions to which the proof is 
 
 to be directed.) 
 
 JVb. 2. Libel for Heresy. 
 
 Mr. A. B. Minister of the congrefjation of under the care 
 
 of the preabytery of You aro indicted and accused at the 
 
 instance of C. D., mennbers of the said |)resbytery. That j^lbkit 
 to hold and teach that {here state the tloctrinc ascribed to the 
 purtif) is contrary to the Word of God and the subordinate 
 Standards of the Canada Presbyterian Church. (Here it is 
 desirable to refer to the particular passages of Scripture and of the 
 standards founded upon.) 
 
 Yet true it is and of verity that you, the Rev. 0. D., minister 
 of the congregation of , hold and have taught the 
 
 erroneous doctrine above stated. In so far as in a boolc, pamphlet, 
 or sermon, written and published by you (Acre describe the pub- 
 lication on which the complaint is founded), on pages 
 thereof, you have stated (here quote the language complained of, 
 with such argument or deductions from it as may appear necessary 
 to prooe that it in effect amounts to the error alleged). 
 
 All which or part thereof being confessed by you or being 
 found proven against you, the said A. B., by the said presbytery 
 of before which you are to be tried, you the said A. B. 
 
 ought to be visited with such censure as the laws and discipline 
 of the church in such cases prescribe, in order that the pure 
 doctrine of God's Holy Word, as held by this church, may be 
 vindicated and maintained, or to do otherwise in the premises, 
 as to said presbytery may appear expedient and proper. 
 
 (Place and Date.) 
 To be signed by the parties prosecuting. 
 
 0. 
 D. 
 
 If the charge be founded on oral statements, then the libel 
 will run, ** In so far as in a sermon or discourse preached by 
 you in tiie church of on the day of , 
 
 or about that time, you stated that" (here give the language, etc., 
 as above directed). 
 
 Or the charge may run in a somewhat different form, thus, 
 " That it is the doctrine of God's holy Word, and of the sub- 
 ordinate standards of this church, that (here state the doctrine 
 impugned, and give the necexsary references.) That this doctrine, 
 has been denied, or at least views and opinions inconsistent 
 tlierewith, and subversive of the same, have been promulgated 
 by you, the llev. C. D., minister of the congregation of 
 in so far as in a booic," etc. (as in the above style.) 
 
 Accompanying either of these libels must be sent a list of wit- 
 nesses and a specification of documents. 
 
 
FORMS. 
 
 89 
 
 17. Order hij the PresJtjjtery on (he LIhvl. 
 
 At E., 18 Tlu! presbytery appoint a copy 
 
 of the foregoing libel, list of wittu'sse*, s|)ecifictition of docu- 
 ments, and this deliverance, to be served on the said Rev. 
 A. B., and him to appear before the presbytery within 
 
 at 
 
 on the 
 
 day of 
 
 to answer to 
 
 said libel ; said service being alwayu made at least ten days 
 prior to the day of compearance, and grant warraol for citing 
 witnesses for botli parties. 
 
 18. Form nf Citation. 
 
 To the Rev. A. B. : Take notice that you are summoned 
 
 to appear before the presbytery of , at and within 
 
 , at o'clock on the day of 18 , to 
 
 answer to the libel, a copy of which is prefixed. Served this 
 
 day of 18 , by appointment of said Presbytery. 
 
 M. N., officer or other. 
 
 A similar citation will suit for witnesses, only inserting that 
 they are "summoned to give evidence in the charge now pend- 
 ing against A. B. before the Presbytery." 
 
 19. Form of ith to he ndminintered to a Witness. 
 
 I swear by Almighty God, as I shall answer to God at the great 
 day of judgment, tlmt i will tell the truth, the wiiole truth, and 
 nothing but the truth, in so far as I know, or as the same shall 
 be asked at me. 
 
 (The iVitii'^in in swuarin^ hoUs up his right hand.) 
 
 20. Outh of Parg itinn to he administered to a party 
 
 accused. 
 
 I. A, B., now under process before the Session of the Con- 
 gregation of C, for the sin of , alleged to 
 have been committed by me, and lying under that grevious 
 slander, being repute as one guilty of that sin, for ending 
 said process, and giving satisfaction to all, do 'declare before 
 God and this Session that I am innocent and free of the said 
 sin of , charged against me. And I hereby call 
 the great God, the judge and avenger of all falsehood, to be 
 witness and judge against me in this matter if I be guilty. 
 And this I do by taking His blessed name in my mouth, and 
 swearing by Him who is the Searcher of the heart, and that in 
 sincerity, according to the truth of the matter, and my own in- 
 nocence, as I siiall answer at the great day of judgment, when 
 I stand before Him to answer for all that I have done in the 
 flesh, and as 1 would partake of His glory in heaven after this 
 life is at an end. 
 
 .--V 
 
90 
 
 FORMS. 
 
 21. Form of Deposition. 
 
 In the name of the Lord Jesus Christ the sole King and Head 
 of this Chiirch, and by virtue of the power and authority com-' 
 mitted by Him to it, I do now solemnly depose you M. A. B., 
 Minister of the Congregation of from the office of the holy 
 Ministry, prohibiting and discharging you from exercising the 
 same or any ^art l hereof, under the pain of the highest cen- 
 sure of the Church, and I do declare the congregation of 
 vacant from and after the day and date of this sentence. 
 
 22. Fomfi of Overture. 
 
 At London, C. W., the 20th day May, 1864. The Presbytery 
 of London being met and duly constituted, unanimously approv- 
 ed of the following overture : 
 
 Whereas it is the duty of the General Assembly, in the exercise 
 of its superintending care over the religious interests of the 
 people of the Canada Presbyterian Church, to adopt every 
 means within its power by which these interests may be 
 advanced ; and wheueas an affectionate address would be calcu- 
 lated- to promote piety, foster a godly zeal among the members 
 of the Church, and strengthen tlie hands of the ministers of 
 Christ; whereas, moreover, the intercourse thereby upheld 
 between the Supreme Court of the Church, and those under its 
 charge might contribute to that recii)rocal good feeling and 
 regard for the duties of religion which are ever so desirable and 
 necessary, it is therefore, hlmbly overturkd to the Venerable 
 the General Assembly of the Canada Presbyterian Chur(h that 
 arrangements may be made whereby a suitable pastoral letter 
 may be prepared and issued to the people under its charge. 
 
 Transmitted and attested by order of the Presbytery. 
 
 A. B., Pres. clerk. 
 
 • When the overture is to the " Presbytery" or " Synod" the 
 form of address is " to the Reverend the Presbytery" or " Synod" 
 and where it is by individuals and not by a Church Court, the 
 introduction runs thus : 
 
 " The undersigned Members, Ministers or Elders, (as the caFe 
 may be) of the Canada Presbyterian Church would respectfully 
 present the following Overture to the Presbytery" (Synod or 
 Assembly, as he case may be). The names of the parties being 
 signed at the end of ilie domment. In the event of private 
 members overt\iring any of the Superior Courts the overture 
 must be transmitted through their Session. For this {)iir|)ose a 
 short petition is sent to the Session wilh the overture, praying 
 Ihcm to transmit it. 
 
 f 
 
> 
 
 ■Ji v-iii-aatii .. 
 
 FORMS. 
 
 23. Form of Memorial and Petition. 
 
 1)1 
 
 nd Head 
 ity com- 
 1 A. B., 
 the holy 
 ■ising the 
 lest cen- 
 of 
 
 reshytery 
 y approv- 
 
 le exercise 
 3ts f'f the 
 opt every 
 ! may be 
 1 be calcu- 
 ; members 
 inisters of 
 jy upheld 
 under its 
 eling and 
 tirable and 
 Venerable 
 iur( h that 
 jral letter 
 large. 
 
 18. clerk. 
 
 ynod" the 
 « Synod" 
 Court, the 
 
 IS the cafe 
 spec'lfiilly 
 (Synod or 
 ties being 
 of private 
 overture 
 purpose a 
 e, praying 
 
 To the Reverend the Synod of the Canada Presbyterian Church 
 assembled at 
 
 The Memorial and Petition of the undersigned Members and 
 adherents of the congregation of 
 
 Humbly Sheweth. 
 
 Ist. That your Memorialist view with much satisfaction 
 the rapid and orderly extension of the Church in this 
 province, and the zeal of its pastors in preaching the Word and 
 promoting the interests of true religion. 
 
 2nd. That there are still large districts of the country open to 
 the labours of missionaries, and soliciting the planting of 
 churches. 
 
 3rd. That the more complete organisation of the Church by 
 the institution of a General Assembly and District Synods would, 
 in the opinion of your petitioners, give greater vigour and 
 strength to the church, and enable it more effectively to over- 
 take the work assigned to it in providence. 
 
 4th. May it therefore please the Reverend the Synod of the 
 Canada Presbyterian Church to take such steps as, in its wisdom, 
 it may see fit, for instituting such General Assembly and 
 District Synods at as early a period as possible. 
 
 And your petitioners will ever pray that all your deliberations 
 and discussions may be blessed by the Great Head of the Church 
 for the furtherance of His Kingdom in this province. 
 
 The signatures jollow. 
 {Place and Dote,) 
 
 Note. — Parties overturing or petitioning any of the Courts of 
 the Church should give written authority to two or more of their 
 number to appear on their behalf and to present their case before 
 the Court. 
 
 24. Preshyterial Certificate to a Student to the Board of 
 
 Examiners. 
 
 The Presbytery of having considered the appli- 
 
 cation of C. D., a member in full communion of the Canada 
 I'resbyterian Church, to be received an a Candidate for the 
 Ministry, and finding that his religious character and general 
 acquirements are such as to warrant the hope of his being fit to 
 enter on the prescribed course of study, agree to grant him 
 this certificate, commending him to the Board for the Examina- 
 tion of Students. 
 
 Pres. Clerk. 
 {Place and date,) 
 
92 
 
 STANDING ORDERS. 
 
 25. OrdliKiry Certificate of Mcmhership. 
 
 This certifies that the Beftrer CD., loaves the Congregation 
 of ' , at this date, a member ia full communion with ^ 
 
 the Canada Presbyterian Church. 
 Attested by 
 
 Moderator. 
 (Place and date,) 
 
 26. Standing Orders. 
 
 1. Reports of Moderations, Inductions, Licensure, Deaths, 
 Demissions, and depositions, within the respective Synods, shall 
 be sent up by their Clerks, so as to be in the hands of the Clerk 
 of Assembly at least eiyht days before tiie Assembly meets. 
 
 2. Tlie second diet of the Assembly's meeting shall be cliiefly 
 spent in devotional exercises, ar.d su( h portion of the time of 
 other diets as the iModeraior of Assembly shall think proper. 
 
 3. There shall be a Standing Committee on Business, consist- 
 ing of the Clerks of the Assembly and of Presbyteries who may 
 be commissioners; who shall arrange all such business as may 
 be requisite prior to the first diet of the annual meeting of Assem- 
 bly ; and su«:h Committee, together with a Minister and Elder 
 from each Presbytery, appointed by the Presbytery itself, shall 
 constitute the Committee of Bills and Overtures; but in the 
 event of no such appointment being made, such representatives 
 shall be appointed by the Assembly. The Assembly Clerks shall 
 be Joint Conveners of the said Committee. After the arrange- 
 ment of business has been reported by the Committee of Bills and 
 Overtures, and disponed of by the Assembly, the Engrossing 
 Clerk shall write out a legible copy of the business according to 
 the order in which it is to be taken up from time to time, and 
 siiall fix up the same in the vestibule of the place of meeting for 
 the due infurmation of all parties. 
 
 4. All papers for the Assembly cr notification of the same, shall 
 be transmitted to the Convener of the Committee on business at 
 least eight days before the meeting of Assembly ; and all such 
 papers shall pass through the Committee on Bills and Overtures 
 before presentation to the Assembly. 
 
 5. Every motion, whether original or amended, s' all be given 
 ♦o the Clerk in writing, as soon as it shall have been made to the 
 House. 
 
 G. When n motion is duly set'onded, and in possession of the 
 House, it sliiill not be altered without the permission of the 
 Assembly. 
 
 7. No member shiill be allowed to speak more than once on 
 the same subject, unless it be in explanaiiou, or by permission 
 of the Assembly. 
 
 8. The mover of the first motion shall be entitled to the privi- 
 
bMia^aaMM 
 
 STANDING ORDERS. 
 
 93 
 
 lege of giving a reply, in which new matter must not be intro- 
 duced ; tliereafier the debute shall be lield to be definitely closed, 
 and no person shall be entitled to speak, excepting with regard 
 to the manner of putting the vote. 
 
 9. All motions after the first shall be considered as amend- 
 ments on the first, and disposed of accordingly. 
 
 10. When there are only two motions belore the House, the 
 amendment shall be put first and the motion afterwards ; hut if 
 the Roll be called, the question shall be " Amendment or Mo- 
 tion," and the motion which so carries shall then be put to the 
 House ; the question being " Aye or^o." 
 
 11. When there aremore than two motions, the last shall be put 
 against that immediately preceding it, and so on till only two 
 remain, when they shall be disposed of as above in No. 10. 
 
 12. The vote may ordinarily be taken by a show of hands, but 
 at the call of any member, the Roll shall be called and votes 
 marked. 
 
 13. The previous question may be moved, and when moved no 
 further discussion shall be allowed until it shall have been deci- 
 ded. The previous question shall be, whether the vote on the 
 resolution or resolutions before the House be now taken. Should 
 it be carried, the vote shall be immediately take i, but should it 
 be lost, the discussion may proceed. 
 
 14. Dissents when taken must be given in immediately afier 
 the decision in the case is announced from the Chair. Reasons 
 of dissent may be given in not later than the next sederunt, and 
 such reasons shall be recorded in the minutes, if required. 
 
 15. No Committee or Court shall continue to sit after the Mode- 
 rator shall have taken the Chair, at any diet of the Assembly's 
 meeting, unless the special permission of the Assembly shall have 
 been obtained to that effect. 
 
 16. The Committee of Bills and Overtures shall have the 
 power of printing the Reports of the Standing Committees, or 
 such portions, or abstracts of them, as ihey shall see fit, in order 
 to their circulating among the members of the Assembly, before 
 such reports are taken up. 
 
 17. The Conveners of Standing Committees shall give in their 
 Reports to the Committee on Bills and Overtures not later than 
 the second sederunt of the meeting of Assembly. 
 
 18. The Synod shall ap[)oint asmall Committee to stiggest the 
 names of members for the Standing Committees of Assembly. 
 
 19. The Moderator of the General Asseu.bly shall be appointed 
 in the manner following: that is to say, each Presbytery shall 
 nominate for the Moderatorship a minister, either one of their 
 own number, or a member of any other Presbytery of the Church, 
 and the Presbytery Olerk shall return the name of the minister 
 so nominated to the Clerk of the Assembly, together with the 
 Presbytery Roll, prior to the annual meeting of Assembly. A 
 leet shall be formed of the members thus nominated, and ihu 
 
94 
 
 PRESBYTERY RECORDS. 
 
 Assembly shall from sach leet, by open vote, appoint tbe Mode- 
 rator. In the event of no nomination being made, the Assembly 
 shall elect the .Moderator by tbe usual procss of motion. 
 
 27. Regulations anent Presbytery Records. 
 
 Regulations adopted bjMbe Synod as to points of form, which 
 are to be observed in the keeping of Presbytery Records. 
 
 1. That the number of every page be given in words, as well 
 as in figures. 
 
 2. That every page have th€ signature of the Presbytery Clerk 
 at the foot of it. 
 
 3. That the time at which a Presbytery meets be given in 
 words, and the building, as well as the town or village in which 
 the meeting is held, be stated. 
 
 4. That all erasures, or other changes on the Records, be 
 noticed on the margin, with the initials of the Clerk's name. 
 
 6. That all items of recorded business, &c., be indexed on 
 the margin. 
 
 6. That the place and date of each meeting of Presbytery be 
 put on the margin, at the head of the page. 
 
 7. That all sums of money be given in words, as well as in 
 figures. 
 
 8. That no unnecessary vacant spaces be left between the 
 minutes of sederuuts. 
 
 28. Distribution of Probationers and Ministers without 
 
 Charges. 
 
 The Synod ^1865) appointed a small Committee to arrange 
 with the Presbyteries for the orderly hearing of probationers 
 in the vacancies and to fix the terms of remuneration, and, in 
 order to define who are on the list of probationers, re-enacted in 
 terms of the regulations of 1861, as follows : 
 
 1. That the roll of probationers shall consist of preachers who 
 have been licensed less than three years; and Ministers who 
 have been loosed from their Charges, or who have been 
 received from other churches, and been receiving appointments 
 from the Committee less than two years (reckoning in both 
 cases from the date of their admission to the roll.) 
 
 2. Preachers who have been on the roll for three years, and 
 ministers for two years without settlement, shall have their 
 names removed from the list ; — allowance being made for all 
 cases of sickness, leave of absence, or time occupied in the 
 public business of the Church, or mission work nparl from ful- 
 filling regular appointments : — Provided also that the Synod 
 alone may order the retention of a probationer's name on the 
 list beyond the above specified times. 
 
 3. Probationers, concerning whom complaints of inefficiency 
 
■vmi. 
 
 HOME MISSION REGULATION. 
 
 95 
 
 and 
 
 
 have been received from their Presbyteries by the Committee, 
 may have their appointments withdrawn, till a decision of the 
 Synod shall be given in the case. / 
 
 29. Home Mission Regulations. 
 
 I. The Synod shall appoint annually a Committee, consisting 
 of eighteen members. 
 
 II. The operations of the Committee shall have respect to— 
 
 1. Mission Stations, which having been recommended by Pres- 
 byteries and approved by the Committee, shall be placed on 
 ihe Viai of jiid-Receiving Stations. Provided always, that no 
 application for aid shall be entertained by the Committee on 
 behalf of any station, unless the Presbytery of the bounds shall 
 have made arrangements with the people, fbrpayingaccotdingto 
 their ability, the salary of the Missionary; and the Presbytery 
 shall see to the implementing of such engagements. — 
 
 2. Mission Stations reported by Presbyteries, but Not receiving 
 Aid. — 
 
 3. Weak congregations, not self-sustaining, but able to con- 
 tribute at least $300 per annum, and in which, in the judgment 
 of the Presbytery, a fixed Pastor is desirable. Such congrega- 
 tions, having made application to the Presbytery of the bounds 
 and furn'slied satisfactory information in regard to their statis- 
 tics and financial position and prospects (which application and 
 information shall also be laid before the Committee), may be 
 placed on the list of Congregations receiving Supplement. 
 
 III. The list of Missionaries shall consist of Ordained Minis- 
 ters and Licentiates of this Church ; and Students of Divinity, 
 and Catechists, duly approved as the Synod may direct. Each 
 of these Missionaries shall be recommended to the Committee by 
 some Presbytery. 
 
 IV. The Synod's Central Home Mission Fund shall consist of 
 all moneys contributed for that Fund, whether by annual con- • 
 tributions from the congregations and mission stations of the 
 Church, or by grants of money from Foreign Churches, or mo- 
 neys accruing from other sources, such as legacies, donations, 
 &c. 
 
 V. The duties of the Committee shall be — 
 
 1. To prepare annually and send down to Presbyteries and 
 Missionaries a blank form for their reports, so as to ascertain the 
 particular circumstances, necessities, and generally the state of 
 the mission stations and weak congregations throughout the 
 Church. — 
 
 2 To consider the reports thus rendered by Presbyteries, and 
 to distribute tlie Missionaries among the Presbyteries as in view 
 of the detailed information before them may be deemed advi- 
 sable. 
 
 ii. To give such aid to mission stations and weak congretra- 
 
90 
 
 widows' fund. 
 
 tions, in pft3'lng their Missionaries or Pastors, as in view of the 
 deiailnd iiifurniHiion before them may be deemed advisable. 
 
 4 To prejiarq a full annual report of all the Home Mission 
 operations of the Church, to be submitted to the Synod ; and to 
 publish from time to time such information as may serve to call 
 forth the interest and liberality of the Church. — 
 
 VI. Additional regulations. 
 
 1. The Committee shall not be responsible for the salary of 
 Missionaries beyond the amount of aid promised to the stations 
 or congregations by it, and for the time during which they may 
 have labored in said stations or congregations. 
 
 2. The amount of salary to be paid by each congregation, 
 station or group of stations, shall be determined by the Pres- 
 bytery of the bounds, and specified to the Committee ; and it is 
 recommended thataminimumbeaimedat by the Presbytery and 
 Committee conjointly, of $400 for an Ordained Minister, or a 
 Licentiate, and $300 for a Student or Catechist, per annum. 
 
 3. The aiiount of aid granted to any congregation receiving 
 supplement, shall in no case exceed the amount necessary to 
 make the salary of the minister $500. 
 
 4. Presbyteries of the Church are enjoined to furnish informa- 
 tion to this Commi.tee in accordance with the requirements of 
 the above scheme, and -^-operate with the Committee. 
 
 5. Congregations and mission stations are enjoined to make 
 an annual contribution to the central fund. 
 
 6. The Committee are instructed to assume the existing obli- 
 gations of Presbyteries arising from grants in aid promised to 
 weak congregations, or arrears of salaries due to missionaries 
 for services rendered, at least to the amount furnished by such 
 Presbyteries. 
 
 7. This, one of the principle departments of the Church, is 
 earnestly recommended to the prayers and liberality of the mem- 
 bers of the Church, in the hope that due attention to this work 
 will, under the blessing of God, tend to the advancement of the 
 cause of Christ in the land. 
 
 30. Widows^ and Orphans^ Fund. 
 
 1. Ministers shall be admitted to an interest in the Fund on 
 the following terms, viz : — Those under the age of 35, shall pay 
 annually $8 ; those who are 35, and under 40, $10 ; 40, and un- 
 der 50, $12 ; 50, and under 60, $24. No mmister whose age is 
 60 or over shall be admitted. 
 
 Ministers falling into arrears shall pay in addition to the 
 regular rate, $2 for the first year, $4 for the second year, and 
 $6 for the third year, but failing for four years, they shall forfeit 
 all claim in connection with the Fund. 
 
 2. The first November in each year shall be the period for tlio 
 payment of the annual rate. In the case of entrants into th« 
 
widows' and orphans' fund. 
 
 97 
 
 to the 
 -ar, and 
 
 ministry, who may desire to secure an interest in the Fund pre- 
 vious to 1st November, immediately following their ordination 
 and induction, they may be admitted on the following terms, 
 viz : If their ordination or induction has been within tiix months 
 of the 1st November, they ahall pay one half-rate ; if their ordi- 
 nation or indtiction has taken plrxe six months or tiiore before 
 the 1st November, they shall pay a full rate for that year. In 
 no case shall any have an interest in the Fund until payment 
 has been made. Ministers who shall not avail themselves of the 
 benefits of the scheme within four years of their ordination, 
 cannot be admitted afterwards. 
 
 3. In the event of any minister ceasing to labor as such in 
 the capacity of pastor, professor, or missionary of this church, 
 he shall no longer (except in the case of infirmity or old age,) 
 have an interest in or right to the benefits of the Fund ; always 
 providing that one-half of the amount paid by him into tl e 
 Fund shall be returned. 
 
 4. An}- minister who may have, according to the provision of 
 the foregoing regulation, ceased to have an interest in the Fund, 
 and have received back one-half of the amount paid by him 
 to the Fund, and who may again, on resuming his connection 
 with the church as pastor, professor, or missionary, desire to 
 have an interest in the Fund, may be admitted on re-payment 
 of the amount withdrawn, together with the amount of rates 
 from the time he ceased to have an interest in the Fund until 
 again connected with it ; or he may be re-admitted at an 
 advanced rate, on payment of the sum withdrawn only. 
 
 The graduated scale of rates will only apply to those who 
 shall hereafter become connected with the Fund, and not to 
 those now connected with it. 
 
 5. Each widow or orphan family shall receive their annuity 
 half-yearly, by equal instalments, on the 1st May and Ist Novem- 
 ber — their warrants in each case for drawing such annuity, 
 being the certificate of the Presbytery Clerk or Minister, or Ses- 
 sion Clerk of the congregation to which they may belong. The 
 claim of the widow shall date from the first term following the 
 death of her husband, and the annuity cease at the term next 
 following her death or marriage. The c'aim of each orphan 
 child shall terminate at the completion of its fourteenth year. 
 
 6. Payment of Annuities shall be made directly into the 
 hands of the annuitants, or of persons duly authorised to act 
 for them, upon production of the certificate of the Presbytery 
 or Session Clerk, in such manner as annuitants may desire. 
 Children's annuities shall be payable to their natural, legal, or 
 authorised guardians, only on the committee's being satisfied 
 that such annaities will be administered with a due regard to 
 the best interest of the children. 
 
 7. There shall be a treasurer appointed by the Synod, who 
 shall give such security as the committee shall think proper, 
 
 K 
 
98 
 
 widows' and orphans' fund. 
 
 and wlio shall receive siicli reiniinerat'on as tlie committee shall 
 determine, whose duties shall be to receive and mannge the 
 funds of the Scheme, invest moneys, pay annuities, subject to 
 the furegoiiig rules, and lay a full statement of his proceedings 
 annually before the Syndd. 
 
 8. A Committee of Management shall be appointed from year 
 to year, by the S,\ nod, whose duties shall be to take a general 
 snperinteiidency of ihc Scheme between the meetings of Synod 
 — direct and aid the treasurer in the ii. vestment of moneys, or 
 in any other important business — to examine his books and 
 vouchers at the close of the year, and report thereon to the 
 Synod. 
 
 9. Presbytery Clerks shall be enjoined to forward, annually, 
 on the 1st January, to the treasurer of the Fund, a list of all the 
 ministers within their bounds, their condition, married or 
 unraarritd ; also the number and ages of their children, and all 
 changes in their families made by births, marriages, or deaths. 
 
 10. The Synod to jirovide that the operaiions of the Scheme 
 be more jiarticulnrly investigated once in five years, or oftener, 
 should there apj)ear any probability of an inroad on the capital 
 by unlooked for emergencies, and to provide for the same should 
 they occur. 
 
 11. In case any difference or dispute shall arise in relation to 
 the Fund and its affairs between the Committee of Management 
 and Annuitants, or those claiming to be connected with them, 
 the same shall be determined by Arbitrators mutually chosen. 
 
 12. The proposed rates payable to Widows and Or])hans, 
 were agreed to, viz : That each Widow having no children shall 
 receive i."30 per annum; a Widow with one child, £35 ; a 
 Widow with two children, X"37 10s. ; a Widow having three or 
 more children, i.'40. A single orphan shall receive an annuity 
 of £10; a family of two Orphans, £15 ; of three, £20; and of 
 four, or a greater number, £25. After the age of fourteen, the 
 charge of the children shall n»)t be considered as devolving any- 
 longer upon the Fund. The annuity of the Widow, however, 
 shall be f'^r life, or until a second marriage ; but in no case, 
 whatever may be the number of children or their ages, shall 
 the sum allotted to one family exceed £40. 
 
 31. Aged and Injirm Ministers^ Fund. 
 
 1. That no minister shall have a claim on the Fund who 
 enters the service of the church after the age of fifty years. 
 
 2. That no one shall have such claim until he has served in it 
 for ten years. 
 
 3. That every minister invalided after ten years' service shall 
 receive from the Fund a sum not exceeding $100 yearly. 
 
 4. That for every year over ten which a minister serves in it 
 before he is iiivalided he shall receive, if the Fund admits of 
 
 his, the sum of §>8 yearly, till the sum of $200 is reached. 
 
:tee shall 
 nage the 
 abject to 
 )ceeding9 
 
 from year 
 a general 
 of Synod 
 loneys, or 
 lOoks and 
 3n to the 
 
 annually, 
 , of hU the 
 larried or 
 >n, and all 
 >r deaths, 
 he Scheme 
 or oftener, 
 the crtpital 
 ame should 
 
 relation to 
 anagement 
 with them, 
 y chosen, 
 i Orphans, 
 ildren shall 
 Id, £35; a 
 ng three or 
 an annuity 
 ;20 ; and of 
 )urteen, the 
 solving any 
 
 , however, 
 in no case, 
 
 ages, shall 
 
 u. 
 
 Fund who 
 ■ years. 
 , served in it 
 
 service shall 
 arly. 
 
 serves in it 
 id admits of 
 inched. 
 
 CKNKRAL ASSEMBLY. 
 
 99 
 
 5. That no one who is admitted to the boncfits of the Fund 
 sliall eiigiige in any omploynieit without the apiJioval of the 
 coiiiniiltee. 
 
 G. Tiiat when application is made to admit a minister to the 
 benefits of this Fund the committee sliuU have |)ower to deal 
 with ids congregation througli the Prcdbytery, in order toarrang<i 
 with tliom wliiil he is to receive from said congregation as a 
 retiring allowance, and that no Presbytery dissolve a lastoral 
 rebilion on the ground of age or infirmity, in any r;ase in which 
 aid from the fund is re<iuired, without first communicating with 
 the committee. 
 
 7. E.xce[»tional cases may occur which these regulations do not 
 provide for, to be determined and provided for as tliey emerge 
 by the Synod. 
 
 32. Act for the Constitution of a General Assembly and 
 
 District iSi/no(h-. 
 
 Whereas it is of importance for the welfare and good govern- 
 ment of the Churcli, that a General Assembly and certain Dis- 
 trict Synods shoula forthwith be instituted in tlie Canada Pres- 
 byterian Church: — 
 
 Be it. ilierefore resolved and enacted, by and with the consent 
 of the Presbyteries, in terms of the barrier act, viz : 
 
 I.— That, in the year , there sluiil be constituted a Supreme 
 
 Court of tins church, instead of the present Synod, which shall 
 be styled and entitled the General Assembly of the Canada Pres- 
 byterian Church, and which shall possess and enjoy all the 
 powers, privileges and immunities which at present belong to 
 the Synod of tlie said Church. 
 
 II. — The General A?sembiy shall consist of one-half of the 
 wljole number of the ministers on the Roll of the several Pres- 
 byteries, with an equal number of representative Elders, or of 
 such other proportion as ma} at any time be lawfully determined 
 on ; and said members shall be appointed in the manner follow- 
 ing, viz : 
 
 1. A an ordinary meeting of the Presbytery, held at least 
 thirty days before the meeting of the General Assembly, one- 
 half of the proportional nu^nber of Ministers which any Presby- 
 tery may have to send shall be appointed by election ; the other 
 half by rotation, beginning at the top of the Presbytery roll, and 
 so on in rotation from year to year. The Elders shall be appointed 
 by election from the loU of the Presbytery, i)rovided always that 
 it shall be lawful to aipoint one-fifth of the number from the act- 
 ing Elders of any of the congregations of the Church. 
 
 2. The Presbytery sh;ill forthwith grant to the Ministers and 
 Elders thus elected and appointed. Commissions in due form, at- 
 tested by their clerk, which Commissions snid members shall 
 forward to the Clerk of the General Assembly, at least eight 
 
 Jilmmmm 
 
100 
 
 GENERAL ASSEMBLY. 
 
 dajB before its meeting; and snid Clerk shall from such Com- 
 missions prepare an interim Roll, to be called at the opening 
 uf said Assembly, and which being amended and corrected 
 if necessary, shall be confirmed as the Roll of the General As- 
 sembly. 
 
 3. If uneven numbers should occur in the Rolls of Presby- 
 teries, then they shall in every such case make an equitable ad- 
 justment of the representation thereto, subject always to the 
 review of the Assembly. 
 
 III. — The General Assembly shall hold its first meeeting at 
 Toronto, C. W., on such day and in such place as may on ad- 
 journment be determined by the Synod, and thereafter as the 
 Assembly itself shall determine ; and the Moderator shall be 
 nominated and appointed in the same manner as the Moderator 
 of the Synod has heretofore been, or as may otherwise be here- 
 after determined. 
 
 IV. — There shall be constituted three District Synods, im- 
 mediately subordinate to the General Assembly, but having supe- 
 rior and appellate jurisdiction over Presbyteries, Sessions and 
 Congregations, within their respective bounds ; and which shall 
 possess and enjoy all such other subordinate powers and privi- 
 leges as may from time to time be granted them by the General 
 Assembly. There shall also be the right of appeal, reference, 
 petition and overture from and to said Synods ; and they shall 
 be styled and constituted as follows, viz : 
 
 1. The Synod of Toronto, which shall comprise all the Minis- 
 ters and Elders on the Rolls of the Presbyteries of Toronto, 
 Hamilton, Grey, Ontario, and Coburg, and shall meet at Toronto, 
 within Knox Church, on the day of , one thousand eight 
 hundred and sixty , at o'clock, , and thereafter by re- 
 gular adjournment at such time and place as the Synod itself 
 may determine and appoint. The first Moderator shall be the 
 Rev . 
 
 2. The Synod of London, which shall comprise all the Minis- 
 ters and Elders on the Rolls of the Presbyteries of London, Huron, 
 Stratford, Paris, and Guelph, and shall meet at London, within 
 
 Church, on the day of , one thousand eight hundred 
 and sixty , at o'clock, and thereafter by regular adjourn- 
 ment at such time and place as the Synod itself may determine 
 and appoint The first Moderator shall be the Rev 
 
 3. "The Synod of Montreal, which shall comprise all the Minis- 
 ters and Elders on the Rolls of the Presbyteries of Montreal, 
 Ottawa, Brockville, and Kingston, and shall meet at Montreal in 
 
 Church, on the day of , one thous- 
 and eight hundred and sixty , at o'clock, and thereafter by 
 regular adjournment at such time and place as the Synod itself 
 may determine and appoint. The first Moderator shall be the 
 Rev 
 
 4. The clerks of the several presbyteries shall send certified 
 
-iirnr' 
 
 ACT ON BAPTISM. 
 
 lUl 
 
 Com- 
 )ening . 
 reeled 
 •al As- 
 
 'resby- 
 ble ad- 
 to the 
 
 ing at 
 on ad- 
 as the 
 hall be 
 derator 
 )e here- 
 
 (ds, im- 
 ig supe- 
 rs and 
 ch shall 
 id privi- 
 General 
 jference, 
 ley shall 
 
 le Minis- 
 roronto, 
 Toronto, 
 nd eight 
 er by ve- 
 od itself 
 I be the 
 
 he Minis- 
 
 n, Huron, 
 
 1, within 
 
 hundred 
 
 adjourn- 
 
 ietermine 
 
 he Minis- 
 Montreal, 
 ontreal in 
 )ne thous- 
 reafter by 
 ^nod itself 
 all be the 
 
 d certified 
 
 Rolls of their Preahytories to the clerks of their respective Sy- 
 nods, at least i-iglitduys before the meetings of said Synods; and 
 such rolls shall be the rolls respectively of the several Synods. 
 
 5. The Moderators of said Synods shall, in all meetings after 
 the first, be nominated and appointed by open vote, or in such 
 other manner as the Synod itself may from time to time deter- 
 mine. The business shall be conducted in the same manner 
 mutatis mutandis, as is the business of the General Assembly; 
 provided, nevertheless, that the Synods shall have power from 
 time to time to frame, alter, and amend such other and additional 
 standing orders as they may deem necessary for their own orderly 
 I)rocedure. 
 
 G. Said Synods shall meet once and not oftener than twice 
 during the ecclesiastical year, and shall annually send up their 
 Minute Books for examination to the General Assembly. 
 
 33. Declaratory Act on Baptism. 
 
 The Synod having had tl sir attention directed to the subject 
 of Baptism, and the relation in which this initiatory Sacrament 
 of the Church of Christ, stands to the other Sacrament of the 
 New Testament ; also to the question of public or private admin- 
 istration of the initiatory ordinance, Declare and Resolve — 
 
 That, as is already in our excellent subordinate Standards set 
 forth, "a Sacrament is an Holy Ordinance instituted by Christ, 
 to signify, seal, and exhibit unto those that are within the con- 
 venant of grace, the benefits of bis mediation ; to distinguish 
 them from those who are without ; and to oblige the partakers 
 of such ordinances to obedience." 
 
 That " Baptism is not to be administered to any that are out 
 of the visible Chureb, and so strangers from the convenant of 
 promise, till they profess their faith in Christ, and obedience to 
 Him ; but infants descending from parents, either both or but one 
 of them professing faith in Christ and obedience to him, are in 
 that respect within the convenant, and to be baptized." 
 
 That, adhering to these principles, the Synod earnestly urge 
 on all ministers and Sessions, to be careful, in administering 
 Baptism, that they who receive this privilege at their hands, be 
 such only of whom there is good reason to believe that they are 
 consistently professing the name of Christ, and obedience to 
 him : and inasmuch as one appointed method of solemnly confes- 
 sing the Saviour, and acknowledging ourselves to be :n com- 
 munion with his followers, is by commemorating his lo^e and 
 death in the holy ordinance of the Supper ; they shall satisfy 
 themselves that parents receiving Baptism for their children be 
 not neglecting this command of Christ, but that at the least they 
 be equally in the intention, as God may afford opportunity, to com- 
 ply with both ordinances, and giving token of this by willingly 
 waiting on such instructions as it may be judged necessary to 
 impart to them on the nature and design of the Sacraments. 
 
102 
 
 ACT ON BAPTISM. 
 
 Purticssolicititip tho privilcgo should bo informed tliat asovcry 
 otK! liiUiii),^ oil liitiist'lf till' hii|ilisniil vow, or Hi'okiii>{ Miipli.iiii lor 
 another, docs Iherchy say *' I atn IIk Lord's," find does profesd to 
 value the blood and Spirit of OhriHt, .sijjfnilied in the waters of 
 Ihiptisni, they ought to know thai in icceiving this se.il and token 
 of spiritmil cUansinpf, they do as truly dceliire their acceptance 
 of f'hrist and fellowship with him, as in the ordinnnce of the Siip- 
 jier ; — so a declining or evading of this latter ordinance hy any, 
 iieinpr adults, who have received the privilege of the initalory 
 Sacrament for th'niselves and their children, is, except good 
 cause lie shown for their neglect, in circumstances not under 
 their control, presumptive evidence either of an imperfect appre- 
 hension of the design of the Sacraments, or of an inexcusable 
 unwillingness to Adiow the Lord fully : Therefore ministers and 
 Church Sessions are warranted to decline, except on good and 
 special cause shown, the administration of Bap ism to the chi' \- 
 rcn of such as are living in the neglect of the Lord's Supper, or 
 do not avail themselves of instructions offered towards a right 
 preparing of them for its observance. 
 
 That while due tenderness is recommended to be used in deal- 
 ing with individuals who withhold themselves from the Table 
 of the Lord, rather from misapprehension and solemn awe, than 
 from blameable inditference to the same covenant, and the like 
 necessity both for faith and resolutions of holy living, to the 
 right observance of both. 
 
 The Synod do anxiously caution against a too easy or indis- 
 criminate admission to the Baptismal ordinance. And both as 
 tending the better to ensure purity of communion, and as required 
 by a regard to the design of Baptism as a seal of fellowship ia 
 the Church, as well as of engrafting into Christ, the Synod re- 
 commend as much as possible, that the ordinance be dispensed 
 publicly ; — not precluding cases in which it may be judged ne- 
 cessary to baptize in dwelling houses or cases in which the at- 
 tendance at the ordinary place of public worship may be greatly 
 inconvenient. But the Synod earnestly advise, that as rarely as 
 possible, the privilege be given without public notification from 
 the pulpit, and never without the word of exhortation or exposi- 
 tion : — That if at any time application be made for the adminis- 
 tration suddenly and hastily of the ordinance of Baptism, the 
 circumstances be well considered ; and care exercised mildly 
 and faithfully to distinguish what is essential from what may be 
 desirable — between the relation of Baptism to salvation and to 
 Church fellowship ; explaining where it may be necessary so to 
 explain, that as the privilege of Baptism is not to be without 
 good reason neglected, so neither is its administration indispen- 
 sable where God in his Providence has not ufl'orded ojjportunity 
 for observing it in due order, or in a manner edifyiuif to the in- 
 dividual or to the Church in general. And if in peculiar cir- 
 cumstances of locality or otherwise, it shall be judged for edifi- 
 
UNION ACT. 
 
 io:j 
 
 ^ ovcry 
 ism lor 
 )ft'fl8 to 
 
 terd of 
 I token 
 |itaiice 
 le Siip- 
 
 >y tviiy. 
 itiitory 
 it good 
 : mider 
 ; i\i)pre- 
 cusable 
 CTS and 
 )0*1 and 
 i! chi' \- 
 pper, or 
 a right 
 
 in deal- 
 e Table 
 Mi, than 
 
 the like 
 r, to the 
 
 or indis- 
 both as 
 required 
 wsliip in 
 ynod re- 
 ispenst'd 
 iged ne- 
 1 the at- 
 e greatly 
 rarely as 
 ion from 
 •r exposi- 
 adniinis- 
 tism, the 
 d mildly 
 it may be 
 jn and to 
 aiy so to 
 without 
 ndispen- 
 portunity 
 to the in- 
 uliar cir- 
 for edifi- 
 
 cation to administer this seal of the covenaiil, wiilioiit a Session 
 having hmt renjiilar opportunity to confer with the jiartie:* apply- 
 ing, or formally to receive the;n into tlie fellowj^liip of any oon- 
 pregiiii 111, that the minister so receiving to Uaptisni sluifl, at the 
 earliest op;)(»rtiiniiy, rcp<irt tlu case to his Session, and tlial tlic 
 inilivitluals thus recognised sinill be duly enrolled and consid- 
 ered within the range of ihe inspection t)f liie pastors andvlders, 
 ami as b^ing bomi file members ol the congregaiiin, in connec- 
 tion with wiiich the privilege has been recfived, (generally — if 
 may be presumed — that whicii is nearest in locality) — althoii^'h 
 precluded by distance, or other lawful cause, from giving regu- 
 lar attendance on the weekly ministrations of the Hmctunry ; 
 This participation in the privilegLS of the Church being always 
 understood to imply also the obligation to conform to the ordi- 
 nary rules of the Church, and responsibility to its tribunals. 
 
 34. An Act respecting thi Union of certain Presbyterian 
 » Churchen therein named. 
 
 Whereas the Moderators of the Synod of the " Presbyterian 
 Church of Canada," and the '• United Presbyterian Church in 
 Canada " respectively, by and with the authority of such Synods, 
 have, by their petition, staled, that the Presbyterian Church of 
 Canada and the United Presbyterian Churc i in Canada, have 
 agreed to unite together and to form one boty or denomination 
 of Christians under the name of " The Canada Presbyterian 
 Church ;" And for the furtherance of this their purpose and to 
 remove any obstruction to such Union, which may arise out of 
 the present form and designation of the several trusts or Acts of 
 Incorporation by which the property of the said Churches and of 
 the several Congregations connected with the said Churches 
 respectively, are held and administered or otherwise, and for the 
 better administration of the said Trusts, the said Petitioners 
 have prayed for certain Legislative provisions to be made in 
 reference to the property of the said Churches and other matters 
 affecting the saiTie in view of such Union : Therefore, Her 
 Majesty, by and with the advice and consent of the Legislative 
 Council and Assembly of Canada, enacts as follows : — 
 
 1. As soon as the said Union takes place, all property, real, or 
 personal, now belonging to, or held in trust for, or to the use of 
 any Congregation in connection or communion with either of 
 the said existing Churches, may thenceforth be held, used, and 
 administered for the benefit of the same congregation in connec- 
 tion or communion with the united Body, under the name of 
 the Canada Presbyterian Church, or any other name i\vi said 
 Church raav adopt. 
 
 2. Provided always, that where the Trust Deed or conveyance 
 under which any property is held by or for the use of, or in 
 
^ii^smm.- 
 
 104 
 
 UNION ACT. 
 
 trust for any congregation in connection or communion with 
 either of the said existing Churches, sufficiently provides for the 
 case of such a union as that agreed upon as aforesaid, and 
 stipulates for any consent thereto by such congregation or the 
 members or adherents thereof, or by any specified proportion of ' 
 such congregation or the members or adherents thereof, nothing 
 in this Act shall be construed to affect the right of such congre- 
 gation or the members and adherents theieof, in such behalf. 
 
 3. The names of" the Presbyterian Church of Canada" and 
 "United Presbyterian Synod in Canada" (the latter being the 
 siiid United Presbyterian Church in Canada) mentioned in the 
 Act of the Provincial Parliament, sixteenth Victoria, chapter 
 two hundred and sixteen, and intituled : jln Jlctfor the relief of 
 the Presbyterian Church of Canada as regards the keeping of 
 Registers of Baptisms, Marriages, and Burials in Lower Canada" 
 shall be taken and understood respectively to apply to the said 
 united Body as soon as it shall have been formed, and all the 
 provisions of the said Act, and all other Acts of the Provincial 
 Parliament applicable to the said Churches respectively, whether 
 in Lower Canada or in Upper Canada, shall equally apply to 
 the said united Church so soon as the said intended union shall 
 Lave been effected. 
 
 4. For the relief of certain of the said congregations so in con- 
 nection or communion with the Churches aforesaid in this Pro- 
 vince, whose Deeds of Trust heretofore executed, or Acts of 
 incorporation heretofore obtained, made no provisions for the 
 filling up from time to time of trusteeships vacant by death, 
 removal from the Province, or resignation of Trustees, and 
 whose property is held under a conveyance to the Trustees and 
 their heirs, or to the Trustees and their successors or otherwise, 
 any such congregation may, from time to time, meet together, 
 upon notice by the Minister, from the pulpit, or at the requisi- 
 tion in writing, of any ten persons entitled to vote as hereinafter 
 mentioned, (notice of the day, hour and place of such meeting, 
 in either case, being first publicly made in the church or place 
 of meeting for public worship on two Sabbath days next before 
 such meeting shall be held,) then and there by a majority of 
 those present, and entitled to vote, to elect and appoint new 
 trustees in the room of such trustees as shall have removed from 
 the Province, resigned, or died, and thereupon the property of 
 the congregation shall ipso facto become vested in such newly 
 elected Trustees, and their successors to be appointed as afore- 
 said shall have full power and authority to hold and administer 
 tlie trust or corporate property of such congregation ; Provided, 
 always, that the said newly elected trustees shall be members 
 in communion with the said united body, and those entitled to 
 vote, where there is no provision on the subject as aforesaid, 
 shall be all persons wlio are members in communion with the 
 said congregation and Church. 
 
-Staai. 
 
 UNION ACT. 
 
 105 
 
 ion with 
 cs for the 
 aid, and 
 )n or the 
 onion of 
 ', nothing 
 1 congre- 
 lehaJf. 
 ida" and 
 )eing ihe 
 d in the 
 ,, chajjter 
 ? relief of 
 eeping of 
 
 Canada," 
 } the said 
 d all the 
 'rovincial 
 , whether 
 
 apply to 
 lion shall 
 
 so in con- 
 
 this Pro- 
 Acts of 
 ns for the 
 
 by death, 
 itecs, and 
 i3tees and 
 otherwise, 
 
 together, 
 le requisi- 
 lereiuafter 
 1 meeting, 
 h or place 
 lext before 
 lajority of 
 point new 
 lOved from 
 u'operty of 
 Lich newly 
 d as afore- 
 administer 
 
 Provided, 
 e members 
 jntitled to 
 
 aforesaid, 
 u with the 
 
 5. In case of deeds made to Trustees for a congregation in 
 connection or communion with either of the said Churches 
 more than twelve months ago, but not registered within twelve 
 months after the execution thereof, such deeds shall nevertheless 
 be valid if they have been registered before the passing of this 
 Act, or if the same be registered within three months after the 
 passing of this Act ; but this enactment shall not give effect to 
 such deeds against subsequent purchasers or mortgagees for 
 valuable consideration without notice, who have registered or 
 shall register their conveyances or mortgages before the regis- 
 tration of the said deeds to Trustees. 
 
 6. Conveyances heretofore made in Upper Canada to trustees 
 and their successors for the use of a congregation in connection 
 or communion with either of the said churches, shall be deemed 
 valid conveyances in fee, notwithstanding that the heirs of the 
 trustees are not named, and notwithstanding that the manner 
 of appointing successors is not provided in such conveyances. 
 
 7. Trustees or other administrators of corporate or trust 
 property of any congregation in connection or communion with 
 the said united Body may, with the consent of the congregation, 
 or of a majority present of those entitled to vote at a meeting 
 convened to consider the matter (as provided either by their 
 trust deeds, or by section number four of this Act, for the elec- 
 tion of trustees in case of vacancies, as the case may be) mort- 
 gage, sell, or exchange any real estate belonging to, or holden 
 for the use, or in trust for the said congregation, for the purpose 
 of repairing or securing the debt on any building thereon 
 erected, or of erecting other or more suitable churches, manses, 
 or glebes, or schools, in any other locality that they may deem 
 best, or of purchasing other and more suitable churches, manses, 
 glebes, or schools ; provided, nevertheless, that such mortgage, 
 sale, or exchange, be first sanctioned by the Presbytery under 
 whose care such congregation is placed, and not otherwise, and 
 provided further, that in Upper Canada this clause shall only 
 apply where the Deed of Trust or Act of Incorporation contains 
 no provision for mortgaging, selling, or exchanging for the 
 purpose for which such mortgage, sale, or exchange is desired. 
 
 8. All other property, real or personal, belonging to or held 
 in trust for the use of either of the said Churches, either gene- 
 rally or for any special purpose or subject, shall from the time 
 the contemplated union takes place, and thenceforth belong to, 
 and be held in trust for, and to the use in like manner of the 
 united Body. 
 
 9. But all such property, real or personal, as is effected by 
 this Act, shall in all respects, save as aforesaid, be held and 
 administered as nearly as may be in the same manner and sub- 
 ject to the same conditions as provided by the Deeds of Trust, 
 Acts of Incorporation, or other instruments, or authority under 
 which the same is now held or administered. 
 
10() 
 
 MODEL TRUST DEKU. 
 
 10. Prnvidofl ahvaya, that notliiiij? in tlio present Act contained 
 '•.ii'ill be ct)iislrm'(l It) impair or in any niannor alfoct any rijjliis 
 or cliiniri of tiie Cliiircii of ScotlMiitl or of llu" I'rcsliyU-rian 
 Chur>'li of Canada in connection witii tlic (^iiiirch of Scotland, 
 or .my con<;r('};ation or any ninnl)>'r of adliiMfnls of any congre- 
 gation of tlic said l'rt'sl)yl('rian (Miurcli of Canada in connection 
 with liio (/luircii of Scotland, to any proitcrty acquire I before 
 tlie fornuvtion of liie Synod of tiie Presbyterian Cliurcli of 
 Canada, or to any other property whatsoever. 
 
 11. Tliis Act shall be deemed a I'ublic Act. 
 
 35. AfoiM Trust I),r<l/or Cmmda West. 
 
 <rUi:i' ^fndCUtUVC, made the day of 
 
 One thonsand Piightllnndred and , in pnrsnance of the Act 
 
 to facilitate the conveyance of Ileal Property, lijrtijjri'lX 
 
 of the first part, 
 Wife of the. said party of the first part, 
 of Vie ifcond part, and tlie Trustees of t/ie C/iurch, at 
 
 1. J!li!HI)firas the Congregation of the Chnrch at 
 
 area Ridigions (Congregation of Presbyterians in connection with 
 the Canada Presbyterian Chnrch ; ilntl \ui)fifas the said (con- 
 gregation desire to take a conveyance of the lands hereinafter 
 mentione<l, nnder the provisions of the Act respecting the pro- 
 perty of Religions Institntions in Upper Canada, Being Chapter 
 8i.xty-nine of the Consolidated Statutes of Upper (Janada, and 
 subject also to the provisions of the Act passed in the twenty- 
 fourth year of Her Majesty's reign, intituleii, "An Act respecting 
 the Union of certain Presbyterian Churches therein named ; 
 
 *2lnl) \ul)rvras the said congregation have appointed as Trustees, 
 to whom and I heir successors, to be appointed in the manner here- 
 inafter specified, the said lands may be conveyed, and who 
 may take, liold and possess the same by the said name of I'he 
 trwili'cs of lite Clturch at 
 
 under the provisions of the said Acts. 
 
 2. iloto ti)is tntifutuvr JJSlilmssctij, that in consideration of the 
 l)remises and of the sum of dollars, of lawful 
 motu'y of Canada, now paid by the said parties of the tliini part 
 to the said party of the first part, the receipt whereof is hereby 
 by him acknowledged, he, the said party of the first part, doth 
 ouANT unto the said parties of the third part, and their succes- 
 sors forever, all and singular, 
 
 TO HAVB AND TO HOLD the 
 
 said lands to the said parlies of the third part, and their succes- 
 sors, forever, upon the Trusts liereinafter expressed and decla- 
 red ; AND the said party of the first part cuvcuauts with the 
 
MODEL TRUST DEED. 
 
 107 
 
 Sftid I'tirtica of the third part tliiit he Ims tlio right to convey the 
 said lands to the aiiid parties of tlic third part, iiolwithstandiiig 
 any act of the said party of the iirst part ; And that the naid 
 ]>artics of ti>e third, part shall have qiiiot posdession of the said 
 lands : free from all incnnibranccs ; And that the said party of 
 the lirst part will produce the title deeds enumerated hereunder, 
 and allow copies to he made of them at the expense of the said 
 ]»arlies of the third part ; And that he, the said party of the lirst 
 part, has done no net to encumber tlie said lands, and that he 
 will execute such further assurances of the said lands as nniy bo 
 requisite ; Jlnd the said party of the second part hereby bar* her 
 Dower in the said lands. 
 
 3. ilnlj it 18 Ijcrrbg lirrlarrtJ, that the said parties of \hc third 
 part and their successors shall hold the said lands for the solo 
 use and bunetit of the said Congregation as well for the site of a 
 Church, Chapel or School House, Burial Ground, and residence 
 for the Minister (as the said Congregation may direct), as for the 
 use of the said Congregation, for tlio support and maintenance 
 of Public Worship and the propagation of Christian Know- 
 ledge, AOCOKDINO TO THK DoOTlUNKS, DiSCII'LINE AND MoDKS OF 
 WoKSHll' OF TUB SAID Can/VDA PllPSHYTKRIAN CllUllOH. 
 
 4. 'ilntiupon furth.er trust that the said parties of the third part 
 and their successors shall and will well and truly obey, perform 
 and fullii, and permit and suffer to be obeyed, perfornjeil and 
 fuKilU'd, with respect to the said land^, and to any ('hurch, 
 (Jhapel, or other building or buildings, now erected or to be 
 erected upon the said lands, or to any Hurial (Iround, if the said 
 lands or any part thereof shall be used as a Burial (irround, tl.3 
 lawful orders and directions of, respectively, the saiil Congre- 
 gation, Deacons' C«)urt if any, the Kirk Session of the naid (/on- 
 gn-giition, the Presbytery within whose bounds and under whose 
 inspection and Ecclesiastical juri*liction the said Congregation 
 shall from time to time be, and the Synod or other Supren e 
 Court of the Canada Presbyterian Church, whether under its 
 present name or any other name it may from time to time here- 
 after assume. ^PrntolDrti that, and so far only as, such orders 
 and directions respectively are and shall be within the scope of 
 the authority of such persons and bodies respectively, acguroinq 
 
 TO THK LAWS, CUSTOMS ANO USAOKS OF THE SAID ('riUUCII. 
 
 5. AND WITH RESPECT TO THE ELECTION AND AP- 
 POINTMENT OF SUCCP:SS0IIS of the said parlies of the third 
 part, it is hereby dccland, that a General Meeting of the said 
 Congr'gation shall be hebl annually on the First Moadai/ in 
 Fcbruiiri/ in each year, or it from any cause the Meeting shall not 
 be held on that day, then it shall be held on some other day, and 
 shall, in either case, be called by notice given from the pul|}it at 
 each diet of Worship on eacli of the two Sablmths next preceding 
 the day so lixod ; by the miuisler oUiciatiug for the time being, 
 
■-^■mimm^-j^:mit^. 
 
 108 
 
 MODEL TIUJST DEEP. 
 
 by the Trustees, or at the requisition in writingof any live nictn- 
 bers of the Congregation in full coninuinion and any such Meet- 
 ing may be adjourned as occasion shall require, — and at such 
 annual or adjourned Meeting the said Congregation shall electa 
 and appoint Trustees for the ensuing year by the votes of a ma- 
 jority of the Members of the Congregation, m/u// coimnunioUj 
 l)re8ent at such Meeting, who are respectively of the age of 
 twenty-one years or upwards, and are holders, each, of one or 
 more sittings in the said Church, and have been entered as such 
 on the books of the Congregation for at least three months before 
 the said First Monday in Febrnarij, and who shall not, when such 
 vote is taken, be in arrears for pew-rent. Such Trustees so to 
 be elected and appointed to be Members of the said Canada 
 Presbyterian church either in full communion or not, and to be not 
 fewer than //irpc nor more than twelve; three of whom shall be a 
 quorum for the transaction of all business. AND it shall not be 
 necessary in making such appointment expressly to state that 
 the ])ersons so elected and appointed are elected and appointed 
 for the purposes aforesaid ; But unless it shall be otherwise 
 expressly declared in the resolution or minute recording 
 such election or appointment, the persons elected or 
 appointed at any such Meeting for the management of 
 the financial affairs of the Congregation for the ensuing year, 
 whether such Managers shall be usually known as Trustees, or 
 by whatever name they shall be usually known, except they be 
 Deacons' or a Deacons' Court, shall be and are hereby 
 declared to be the Trustees for the purposes of these pre- 
 sents. AND IT IS HEREBY FURTHER DECLARED, that 
 the Trustees above-named and each board of Trustees to be ap- 
 pointed hereunder, shall respectively hold office until the ap- 
 pointment of their successors, except in case of death, resigna- 
 tion, or ceasing to be a Metqber of the Canada Presbyterian 
 Church. And that in case any Trustee shall, during his term of 
 office, die, resign, or cease to be a member of the Canada Pres- 
 byterian Church, the remaining Trustees shall have all the powers 
 of the full board ; and Khali for all purposes of these presents 
 constitute the Trustees of the said Congregation, unless the Con- 
 gregation shall think fit to appoint a new Trustee or new Trus- 
 tees in the place of any Trustee or Trustees so dying, resigning, 
 or ceasing to be a member of the Canada Presbyterian Church ; 
 But the said Congregation may at any Special Meeting called 
 by notice given from the pulpit on the two Sabbaths next pre- 
 ceding the day appointed for such Meeting, in the manner 
 hereinbefore provided, appoint a new Trustee or new Trus- 
 tees to fill, for the residue of such term of office, any va- 
 cancy or vacancies caused as aforesaid ; AND IT IS HEREBY 
 FURTHER DECLARED that a minute of every such election or 
 api)oiutment, whether made at the Annual General Meeting or at 
 a Special Meeting, shall be entered in a book, to be kept for the 
 
five nictn- 
 nch Meet- 
 d at such 
 jhall elect 
 a of a ma- 
 iininunionf 
 lie age of 
 of one or 
 2d ns such 
 iths bi'foie 
 ivhcn such 
 3toe3 so to 
 d Canada 
 i to be not 
 shall be a 
 lall not be 
 state that 
 appointed 
 otherwise 
 recording 
 lected or 
 [ement of 
 luing: year, 
 rustees, or 
 pt they be 
 re hereby 
 hese pre- 
 lED, that 
 3 to be ap- 
 til the ap- 
 resigna- 
 esbyterian 
 is terra of 
 ada Pres- 
 jc powers 
 e presents 
 3 the Con- 
 new Trus- 
 resigning, 
 Church ; 
 ng called 
 next pre- 
 manner 
 new Trus- 
 nny va- 
 H ERE BY 
 lection or 
 ting or at 
 pt for the 
 
 MODEL TRUST DEED. 
 
 109 
 
 purpose, and shall bo signed by the person who presided at the 
 meeting ; ond such minute so signed shall, for all purposes con- 
 nected with these presents, be sufiicient evidence of the fact that 
 the persons therein named were elected and appointed at the 
 said meeting ; but the omission or neglect to make or sign such 
 minute, shall not invaliduto the election or appointment ; AND 
 every such meeting at which any such election or appointment 
 is made, shall be deemed to have been duly and regularly held 
 and conducted, and the election or appointment made 
 thereat shall be taken to be valid and unimpeachable. 
 
 And in ?he case of such vacancies as aforesaid in the office of 
 Trustees shall arise from any cause whatever, and such appoint- 
 ment of Trustee or Trustees to fill such a vacancy or vacancies, 
 shall not be made as aforesaid by the said Congregation and in 
 consequence thereof there shall be a complete vacancy In the 
 office of Trustees or their number shall bo reduced to less than 
 the legal quorum, then such trust shall vest in, the elders of the 
 said congregation, if any such there be, along with the remain- 
 ing Trustees, if any, and if there be no elders, the Presbytery of 
 the Canada Presbyterian Church within the bounds of which the 
 said Congregation shall be comprised, along with the remaining 
 Trustees, if any, until such time as a meeting of the said Congre- 
 gation shall be held, and Trustees shall bo by the said Congre- 
 gation appointed after notice given, and in manner as hereinbefore 
 provided and for the purposes aforesaid : and in case of any va- 
 cancy or vacancies not being then filled up by the said congre- 
 gation, it is hereby declared, that it shall be competent for, and 
 authority and full power are hereby given to the said Presbytery 
 of the Canada Presbyterian Church within the bounds of which 
 said congregation shall be comprised, to call a meeting of the 
 said congregation by a notice under the hand of their clerk, given 
 in manner aforesaid, for the purpose of electing a Trustee or 
 Trustees to fill any vacancy or vacancies in the office of Trustees 
 from whatever cause arising, and the said Congregation shall 
 then proceed to elect a Trustee or Trustees as hereinbetore pro- 
 vided ; Provided always in case the said congregation omit to 
 fill such vacancy or vacancies, and appoint such Trustee or 
 Trustees, then in that case it shall be lawful For the said Pres- 
 bytery of the said church, within the bounds of which Presbytery 
 the said congregation is comprised to nominate and appoint a 
 Trustee or Trustees to fill such vacancy or vacancies, and such 
 Trustee or Trustees shall be a Trustee or Trustees, and shall be 
 entitled to do all acts by the said Trustees to be done as if now 
 appointed, or as if appointed by the said congregation. 
 
 6. It is nevertheless hereby specified and declared that the 
 Congregation may constitute a Deacons' Court, to whom and 
 their successors the administration of the whole ordinary in- 
 come of the Church may be intrusted provided always that 
 such Deacons' Court shall be constituted in accordance with the 
 
no 
 
 M( DEL TRUST DEED. 
 
 frenoral nsnpro or reqnirementa of the Ciinatla Presbyterian 
 Cliiirch; shall report unnnally their proceedings to the congre- 
 gation, and shall carry out any directions as to the j)roperty or 
 finances which may be competent for the congregation to give in 
 accordance with the conditions of this Indenture. In onse such 
 Deacons' Court be constituted, then the Trustees aforenaid shall 
 cease to have any control or management of the fmuucial ntfuirs 
 of the Congregation so long as the Deacons' Court shall exist. 
 
 In Witness Whkbeof the said parties have hereunto set their 
 hands and seals the day and year first above written. 
 
 [Memorandum to he Endorsed on Deed.) 
 
 At a meeting of the Congregation within mentioned, held at 
 on the day of A.D. 
 
 , the following resolution was adopted by the 
 Congregation : — 
 
 " Resolved that the Deed from of the first part, 
 
 and , his Wife, of the second part, to the 
 
 Trustees of the Church at 
 
 , having been submitted to this Congregation, they 
 do hereby express their approval of the same, and do direct that 
 this resolution, signed by , on their behalf, 
 
 be endorsed on the said Deed." 
 
 36. Model Trust Deed for Camtda East. 
 
 ©It tijis day of one thousand eight hundred 
 
 and Before the undersigned public notaries, duly com- 
 
 missioned and sworn in and for that part of the Province of 
 Canada, heretofore constituting the Province of Lower Canada 
 residing in the city of in the said Province. 
 
 ^^crsannllg came and appeared (Me Vendor) 
 of the first purl and (the Trustees) of the second 
 
 part which said parties declared unto us said notaries that 
 
 SilRljcnas the Congregation of tlie Church at 
 
 are a religious congregation of Presbyterians in connection 
 with the Canada Presbyterian Church. 
 
 Still iuljrrcab the said congregation desire to take a conveyance 
 of the lands hereinafter mentioned and for that purpose (as 
 appears by the minute of appointment hereto annexed), have 
 . arsuant to the Act respecting lands held by religious Con- 
 gregfltions, being chapter nineteen of the Consolidated Statutes 
 for Lower Canada, appointed the parties of the second part 
 Trustees to take s"..;h c aveyance under the provisions of the said 
 Act, and subject also to the provisions of the Act passed in the 
 twenty fourth year of her iMajesty's reign, intituled " An act 
 resjiecting the Union of certain Presbyterian Churches therein 
 named," and to hold and possess the same to themselves and their 
 
MODEL TRUST DEED. 
 
 Ill 
 
 sbytorlan 
 e coiigrc- 
 •oiierty or 
 to frive in 
 oi\se sudi 
 siiiil sliall 
 iiil nffiiirs 
 ill exist. 
 
 a si't tlicir 
 
 ) 
 
 d, held nt 
 A.D. 
 
 ted by the 
 
 first part, 
 art, to the 
 
 ,tlon, they 
 lirect that 
 eir behalf, 
 
 t hundred 
 duly coni- 
 rovince of 
 jr Canada 
 
 the second 
 that 
 
 1 at 
 onnection 
 
 Dnveyance 
 rpose (as 
 ed), have 
 ions Con- 
 d Statutes 
 '.cond part 
 of the said 
 sed in the 
 " An act 
 cs therein 
 sand their 
 
 successors by the name of " The Trustees of the 
 
 church at " under the provisions of the said acts. 
 
 Now lljfsr prrsfUts and we the said notaries witness thut the 
 said i)arty of the first part, hath bargained, sold, assigned and 
 made over, and by these presents doth bargain, sell, assign and 
 make over, from henceforth and for ever, with promise of war- 
 ranty against all gifts, dowers, mortgages, substitutions, alien- 
 ations, disturl)ancea and other hindrances whatsoever, to the said 
 parties of the second part, here present and accepting thereof 
 for themselves and their successors for ever, all that description 
 of land, kc. with all and e*ery the members and appurtenances 
 thereunto belonging without any reservation on the part of the 
 said vendor who is lawfully seized thereof in virtue of good and 
 suflBcient Title deeds having acquired the same from 
 by virtue of a deed of sale passed before 
 and colleague notaries public, bearing date 
 
 QTlje nforfSJttJ pmnisrs formerly depending of the Seigniory of 
 
 but are now^ held by the tenure of franc 
 aleu roturier having been commuted by deed passed before 
 
 and colleague notaries public bearing 
 date and are free 
 
 and clear (franc et quitte) of all and every other charge, burden 
 and incumbrance, as the vendor now hereby declares. 
 
 •To Ijatif, f}olli, lisf anil ntjog the aforesaid and premises herein- 
 before sold and transferred or intended so to be with all and 
 every their rights members and ap[)urtenances unto the sai-l 
 parties of the second jiart and their successors for ever as their 
 own proper freehold for ever by virtue of these presents and to 
 enter upon and take possession of the same forthwith. 
 
 The present bargain and sale is so made in manner aforesaid 
 and for and in consideration of the sum of 
 currency of Canada, which the said vendor acknowledges to 
 have had and received from the parties of the second i)art in 
 good and lawful money at the passing of these presents whereof 
 iUit. 
 
 'Snll it is Ijercbg Ijcclarctj, that the said parties of the second 
 part and their successors shall hold the said lands for the sole 
 use and benefit of the said Congregation ns well for the site of 
 a Church, Chapel or School House, Burial Ground, and residence 
 for the Minister (as the said Congregation may direct), as for the 
 use of the said Congregation, for the support and maintenance 
 of Public Worship and the propagation of Christian Knowledge, 
 
 ACCORDING TO THE DoCTRINES, DISCIPLINE AND MoDES OP WoUSHIP 
 OF THE SAID CaNADA PhESBYTERIAN ChDRCH. 
 
 And upon further trust, etc , (add clause (4) in preceding 
 deed, substituting "second part" for "third part.") 
 
 "HnU fajttlj Htspcct In, etc., (add clause (5) in preceding deed, 
 substituting "second part" for " third part.") 
 
..rl^sff^ 
 
 112 
 
 MODEL TRUST DEED. 
 
 (^ After clause Jive of ijreccding deed add as follows ;) 
 
 And at the passing of these presents intervened 
 
 wife of the said vendor and by hira for the 
 purposes hereof especially authorized, who as well on behalf 
 of herself as of all and every the children and child born or to 
 be born issue of her mariage with the said 
 
 doth hereby renounce all dower, right and title 
 of dower or other marital claim in or upon the premises in favour 
 of the parties of the second part their successors and assigns. 
 
 And in consideration of the premises the said vendor doth 
 hereby transfer and set over to the parties of the second part all 
 right of property, claim, title, interest demand seizin possession 
 and other rights whatsoever which the said vendor can have 
 demand or pretend in or upon the aforesaid hereby bargained 
 and sold premises of which he hereby divests himself in favour of 
 the parties of the second part their successors and assigns con- 
 senting and agreeing that they be and remain seized and invested 
 with the full and entire possession thereof as of right ; and for 
 that purpose hereby constituting the bearer of these presents 
 their attorney to whom all necessary power and authority to 
 that affect is hereby given and granted. For thus, &c. 
 
 And for the enregistration of these presents when and where 
 necessary the parties have constituted the bearer of an authentic 
 copy thereof their attorney to whom they give all necessary 
 power in that behalf. 
 
 And for the due execution of these presents and of every the 
 premises the said parties have elected domicile at their respective 
 places of abode abovementioned. Where, &c„ Notwithstanding, 
 &c., Promising, &c., Obliging, &c.. Renouncing, &c. 
 
 Done and passed at the said city of 
 in the office of one of the said notaries, 
 
 on the day and year first above written .under the number 
 
 and signed by 
 the parties hereto in the presence of us said notaries also here- 
 unto subscribing, by one of whom these presents were first duly 
 read to the said parties. 
 
 37. Memoranda regarding Trust Deeds. 
 
 The Acts regulating the holding of real estate by Churches 
 in Upper Canada, are chapter 69, Consolidated Statutes, U. C, 
 intituled " An Act respecting the property of religious institu- 
 tions in U. C." ; and 24 Vict., cap. 124, being " An Act respect- 
 ing the union of certain Presbyterian Churches therein named." 
 In Lower Canada the Acts are chapter 19, Consolidated Statutes 
 of L. C, intituled " An Act respecting lands held by religious 
 Congregations;" and the aforesaid 24 Vict., cap. 124. 
 
 In order to the acquisition of real estate under these Acts, the 
 following directions may be useful : 
 
a for the 
 »n behiilf 
 oni or to 
 
 and title 
 in favour 
 issigns. 
 idor doth 
 d part all 
 possession 
 can have 
 bargained 
 I favour of 
 signs con- 
 ,d invested 
 it ; and for 
 e presents 
 ithority to 
 
 c. 
 
 and where 
 
 a authentic 
 
 necessary 
 
 every the 
 : respective 
 thstanding, 
 
 lid notaries, 
 
 raber 
 
 d signed by 
 
 3 also here- 
 
 le first duly 
 
 ds. 
 
 jy Churches 
 tutes, U. C, 
 ious institu- 
 Act respect- 
 rein named." 
 ated Statutes 
 by religious 
 
 ese Acts, the 
 
 Xli)!)K,r. THr.ST 1»EKU. 
 
 \\\\ 
 
 1. Let a nicctiug of ilic (Jongrig.. lOii he publicly summoned. 
 
 2. At such meeting let Trustees be appointed and the name 
 ndopted by which such Trustees are to be known ; any conve- 
 nient nanio may be assumed. 
 
 3. Let a minute of such n|ipoiiitment be drawn out and signed 
 by tlie chairman of said meeting and inscribed in a proper 
 hook. Tiie form may be as follows : 
 
 At and within then; this day of one 
 
 thousand eight hinidred and sixty the congregation of 
 
 niPi, and was opened with prayer. Mr. C. D. was ap- 
 pointed chairman, and Jlr. M. N., clerk. 
 
 Tlio chairman stated that the object of the meeting was for 
 the purpose of electing Trustees to take a conveyance of land 
 for the uses of the Congregation. 
 
 Whereupon it was resolved that the number of Trustees shall 
 he and that Messrs. 
 
 he the Trustees for the ensuing year, and to hold office until 
 their successors are elected ; that, further, the name by which 
 they shall be known shall be the Trustees of Church. 
 
 Resolved, also, that the Model Trust Deed now submitted to 
 the congregation be hereby approved of, and the above Trustees 
 authorized to execute the same 
 
 C. D., Chairman. 
 
 X. B. For U. C. adopt the endorsement which will be found 
 at the end of the deed for that Province, but for L. C. a certi- 
 fied copy of the above minute had better be appended to the Deed 
 itself and roifistered along with it. 
 
 4. In U. C. the Deed may be signed and sealed before wit- 
 nesses, but in L. C. it must be passed before a regular Notary. 
 
 5. In U. (;. the Deed to be valid must be registered within 
 twelve months after the execution; iu L. C. the Act requires 
 that it be registered within two years. 
 
 G. The proceedings to acquire, sell, mortgage, or exchange 
 lands should always be conducted under competent legal ad- 
 vice. 
 
 7. Copies of the Model Trust Deed for either Province, printed 
 on large paper, with blanks to be filled up, can be obtained by 
 congregations from the Rev. Wm'. Reid, at the office of the 
 Church, Knox College, Toronto. 
 
 8. Churches whose Trust Deeds make no provision for the 
 succession of the Trustees are directed to the " Union Act" in 
 this AppendLt for inslruciione how to proceed in thie matter.