IMAGE EVALUATION TEST TARGET (MT-S) m W // {/ / 'C?., (/.. 1.0 I.I 1.25 If i^ IIIIIM 2.2 1^ 1^ 2.0 1.8 1-4 ill 1.6 y] ^^ m /a /# c? / vV C!HM/!CMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Hhtorica' Microreproductions Institut canadien de microreproductions historiques 1980 Technical Notes / Notes techniques The Institute has attempted to obtain the best original copy available for filming. Physical features of this copy which may alter any of the images in the reproduction are checked below. L'institut a microfilmd le meilleur exemplaire qu'il lui a 6x6 possible de se procurer. 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L'exemplaire filmd fut reproduit grdce S la gdndrositd de I'dtablissement prdteur suivant : La bibliothdque des Archives publiques du Canada Les cartes ou les planches trop grandes pour dtre reproduites en un seul cliche sont filmdes d partir de Tangle supdrieure gauche, de gauche d droite et de haut en bas, en prenant le nombre d'images ndcessaire. Le diagramme suivant illustre la mdthode : 1 2 3 1 2 3 4 5 6 ■?l." *-^* i^ %^ .dntrt-i--*y ^@'b7"ber£€».a th,9 Oibvts'O^ of Sootlaxxd^ a'b a,l.. Respondents- Respondents. APPELLANT'S FACTUM AND APPENDIX. MACMASTER, HALL & GREENSHIELDS, Attorneys for Appellant. Montreal, March 11th, 1880. T. LARKIN, ?I(INTEB. f- I 0^ 'U n insriDEix:. Judgmeni appealed from Factum, Remarks ol" Mr. Justice Jctte on rendering judgment Factum Appendix Appendix, Petition page page Order for Injunction Affidavits in support of Petition — jJouglas Hrymner " Kev. Gavin Lang " " Rev. William Simpson. Ansv\'ers to Pleas Admissions of the Parties Kvidenco of Rev. Gavin Lang Rev. John McDonald y. Douglas Hrymner ^. .^./^. .^./T. . . . Rev. Gavin Lang (recalled) Sir Hugh Allaji James Croil Copy of Judgment appealed from 3 4 23 1 1 28 27 20 30 31 37 53 61 79 131 133 137 14S ^^) ,• '.. / , — ^ i II THE CQUET OF QUEEI'S BEHCH, (APPEAL SIDE.) REVEREND ROBERT DOBIE, Al'PKIJiANT; vs. Board for the Management of the Temporalities Fund of the Presbyterian Church of Canada in connection with the Church of Scotland, et al., ItKSPONDENTS. APPELLANT'S FACTUM. COPY OV JUDGMKNT AITEALK]) KItOM. SUPERIOR COURT. MONTREAL. Li? 21» IJccombi-.", 1«7!). Tresent kn CiivMHKi::-i;iI()XOKAr.LE .TTKH'] .lETTE. Ayaiit ciiti'iulu Ics i)iutii's par Icurs avoiats rcspcctivi'miMit. sur lo meritc de cctte cuuso, I'xaiuiur la iJroctHlurc, Ics pit'ccs produitcs ot la pn'uve vu los admissions i^'odiiitcs par Ifs parties ct delibi'-re ; Cousideraiit (|iil' le lifqueraiit ullegut' par sa deiiiaiido que la Corpora- tion JJcrendcri'ssc a etc creen sons le noui de •' L ' Bureau d'Administration '■ dos Ijiens Temporelh do TEi-lise rresbyterieniie du Canada en rapport avtc jp *' I'Eo-lise d'Eiosse,"' pour la possession et radministration d'un certain fonds appartenant a la dite E<>-lise, et prealableinent cree par resolution du Synodede lu dite Eglise, en date du inois de Janvier mil huit cent cincjuante-cinq, et (|ue par le statut crcant et incorporant le dit bureau, il a etc entre autres choses pourvu et garanti que la propriete du dit i'onds appartiendrait exclusivement a la dite Eglise, que le revenu du dit i'onds serait alFecte aux diverses> charges I 1 'l auuui'll.'s riuhlii's Mir irclui, lors df sa irratioii, cii favmir clcs inini.str«.'.s clc la dill' Enlisi', ct (jii'ciiliii Ics incinhrcs r<'s v ct scraifiit rcmplarrs cIkkiuo aiuit'c ; ('(>iisi(lt''raiit (jiic Ic ll('([U(''raiit allotiUt' fii outre (jue lors dc hureatioii dii dit I'oiids, il rliiil uu dcs titiilaircs avaiit droit a uiic clianj(V ou allocation aunu- ellc (Ic (jualrc cent ciiiquaiilc pias'rcs a prendre snr Ic rcvcnu du dit londs ; qu'il a etc alors convcnu. stijiulc ct admis couinic prin^ip" Ibndamcntal dc la rreation du dit I'onds (pic pour avoir droit a aui\in rcvcnu provcnant d'icelui il 10 faudrail el re niinisirc dc la dite i']^•lisc ; ct (jue le Kc(jucraut est encore aujour- d'hui en plcinc [)osscssion dc ses droits et privileii'cs sous ce rapport, etant reste niinisirc dc la dite Iviilise ct en plcinc coininunioii avec elle ; Coiisiderant epic Ic ltc(picrant allc^'uc dc plus Uritaniii([U<' du Xnnl, ISO", il est (ir'.larr i[\u' hi proprii'-K'- .1 Ics .lr»its civils soiit cxclusivo- 111. ■Ill (hi n'ssort ft d.' lii .■oiiipr'ti'iic.- (It's Lf-n'isliiluivs I'roviiiciulcs ct (im' Ics droits ill!'.' '((.V's par I' dit A. 'I" -'iS Vi toria. diapitr.- tU, doiit Ic Itccim-ruut de- niaudi- raiiuul.uioii, touil)iMil I'Druii'll.'m.-nt sous r.'mi)in' dc la ditc section 92 di' !'Acli' foiisiitulioiuii'l. ct soul par suite sous la jurisdiction ct coinp(''tcnco •Ic la Lcii'islaturc i'roviucialc. ct (ju'di cousc(iaciicc Ic dit Statut Provincial est vulahlc ci ii'^'al ct a plciiic force ot vigucur ; C'onsideraiii (ji'c hioi (|uc le lvc(|U(''raiit iic soil pas residant dans la I'rovin ■(■ dc <^ucl)cc. la Lcuislat ion du railemeiit de cite Province alFccte iij ni'ccssaircineiil Ics droits (pi'ii pent posseder on r.'ndiimer dans la dit' Proviine, ct (jue par suite ics droits (ju'il invoque dans I'espisce sont ut'cessaircinont s m- inis aux dispositions du dit Acte Provim.'ial, ;3S Vii-toria, cliapitre (54; Considcraiil (ju'aux tcruics du dit Actc Ics Dot'cndcnrs sont It'-g-aleincnt en char'iidcressi' ct qu'ils out droit de loiitinucr raduiinistrutioii des hieiis (jiii Icur sont confH'-s coinme tcls ; Co.i>i(l(''raiii (pie taiil en vcrtu du dit AcLc, oS Victoria, cliapitre (14, qu'cii vcrtu d"uii autre Actc du dit Paricin^nt de i:i Province de Queliec, savoir. le Statul :iS Vi<'ioria. cliapitre 02, dont la Iciialitt'- ct la constitutionalitr' ii'ont pas t'-te niises en (ju'siioii. le dit I'oiids sus-m 'ntioiiiK'- est rcsti"' souinis en i'aveur 20 de tons les titulaircs \ ayaiit droit, lors de !a cr(''atioii d'icelui. a toutes k's charges constituecs sur icehii. et ([ue par suite le droit du lleqiieraut a sou revenu annuel de (juatre cent cin(|uant' [)i,istrcs a t'-tt'' completement saave- gardc ct garanti ; Considcranl lu'^annioins (^ue i)ar h's deux statuts en dernici lieu men- tioniu's la pro[)ri(''t(} du dit I'onds u'est plus attnhuce exclusivenicut a la dite Eglise Prcsbytcriciiiic du Canada en rapi)ort avc" I'Eglisc d'Ecosse, inais qu'apres Text iiui ion de tons droits anterieurs garaiitis par le dit tends, elle est translcree a I'l-liilise Presbyt(''ricnne en Canada. I'orinee de la dite Eglise Presby- terieniu' du Canada en rapport avec rKglise d'Ecosse et de Irois autres Eglises. 80 dont runion a eti"^ auloris(:'e par le dit Statut 88 Victoria, cliapitre 62. et qu'en vertu des dispositions des dits statuts les dils Revt';reiids John Co(»k, James C. Muir, (ieorge Bell, John Fairlie, David W. Morrtson et Charles A. Tanner etaient >')\ droit de recevoir ct les Deleudeurs t'taient en droit do leur payer les sommos -x revues, sur et a intinie le revtMiu du dit foiids administre par les Delv vs ; Considerant en consequence que la demaiule du Requerant est mal fondee et ne peut 6tre mainttMiue, et que les Defendeurs (oxcepte le Reverend Gavin Lang et Sir Hugh Allan) sont bieii fondes en leurs deleuses ; 40 Miiiuti'iioiis lew dt'l'i'iisfs dos dits Di'd't'iidcurs (sauf I'cxi'cptioii snsdit,') ot rciivoyoiis I'll cousL-qiK'nrc la dniiaiidc du dit lii-qiuTaiit, ot cassoiis i>t aiinulons k toutcs iins quo de droit Ic Rrd' d'liijoiictioii rmis cii cidtc i-anso ct cii don- iioiis main Icvoc aux dits Deri'iHk'uns, avc di'iu'iiss distraits a J. L. Morris, C'i'uior, Icnr avocat. Transcript. MoNTKivVi-, Ic ][> Janvier, 1880. (Signod), GEO. II, KKliNK'K, Di'puty r. S. C. 10 H Ki':MAJiK.S OF THE IIOXOUABLI-] .Mli. JUSTICIC JETTE OX REXDEIJ IN(i .lUlXniENT /Is irportnt in the - Miiilrc.il dazi-lle (if iith Janftarv, 1880. The Ifcvcrcnd KoIxtI Dohi.'. a iniuistcr of the IMvshvti'rian C'luirrh of o Canada in conne.iion with the ("linrrli ol Scotland. 20 a incMnbor ol' tl i' Svnod of the .said riiunh, and a niini.stcr of the Saint Andrew's Chundi and con tion of Milton, in the Provii rrreffa- icc of Ontaiio. ()l)tained an injunction the 31st December, 1878, against the Corporation. Respondents, and ai^'ainst the Reverend M. M. (Jordon, Cook, Jenkins, L m^' and Mackerras ; M. M. .M Walker, Darling, Deiinistoun. Mitchell and Sir II UUM Alh in, memliers o 8a orris, f the of tl fr id Corporation, ordering them to abstain sp 'ciallv f'-oin disposiii"- of the fund 'orporatioii. by making any payments therefrom, and generally le sa i, the iniuiiction thus far stands, and th befor ■e me is on tli.> merits of the Peiitioner's claiir e quest ion now ceed Although I have already given, in connection with an incidental i )ro- ni"- m th IS c tion is based, the importance oi' tl an analysis of the legislation on which th<> i)rescnt litiga- le suit aiu 1 th iarg(! num'cr of per.sons, not parties thereto, but interested therein, almost equally with the litin-auts them- eel V(>S. lead s me to recur to this legislation, so as to make the cl iiins o f th( parties clear and easily understood. The Quebec Act (1774) had guaranteed to the Rnnan Catholic clergy the right they possessed before th cession of this country to England, to 40 u. ■ii. .-I fM 'it .1 mm^mmmm ■■■■M di'inaml iiiul receive their I'ustom.ary (limes or tithes. The Protestant clergy saw ill this guarantee a priviK'ge accorded to the Koinaii Catholic Church vvhicii jiistiHed thiMii in claiming a corresponding favor. In 1791, by the Statut," 31 George III., lap. 31 (amending the Quebec Act), the Imperial Parlia- ment, wishing to acknovs'ledge this claim, made provision lor the support of a Protestant ilergy in the two Provinces of Upper and Lower Canada in sanctioning an approj)riati()ii by the (lovernmiMits of these two Provinces of a reserve for t!iis pur[)ose of certain lands from the public domain. These lands thus appropriated were styled Clergy Reserves. In 1S27, by the A( t 7 and 8 George IV., the Imperial Parliament 10 authorized the sale of a i)art of the.-e lands, on condition that the proceeds w m ere invested in the public funds and the revenues exclusively applied to the aintenance of a Proti'stant clergy. In 1840 the Statute 8 and 4 Victoria, ch. 78, sanctioned the sale ot all these lands, under certain restrictions as to the quantity to be sold annually. In 1853 the hnperial Parliament authorized the Legislature of the United Pr(»vince of Canada to legislate for the management of the Clergy Reserves, with this restriction, that the moneys theretofore given to the I'lergy of the Churches of I'huiland and Scotland, or to any other denu«ii- nation of Christians, should not be withheld, reduced, or in anv manner allected by the legislation of the said Province during the lives of the persons 20 having a right in th.' said annua! grant (10 Victoria, eh. 21). Hy virtiie of the i)owcrs conferred on it. the Legislature of Canada enacted in 18o4 (18 Victoria, ch. 2) that the proceeds of the lantls coiistitutiu'j: the "Clergy Reserves" situated in Upper Canada and those in Lower Canada should form two separate aiul distinct funds, which should be styled, respe( - lively, "The Munitipalities Fund of Upper Canada" and tlie "Municipalities Fund of Lower Canada," and that, conformably to the Imperial Acts, these funds should be cliarged iirstly, and in preference over any other charge, with the payuu'iit of the above-nn-ntioned annual allowances to the Protestant clergy, during the lives of the incumbents, who had this right at the time of 30 the sanction ul the Statute 1(] Victoria, ch. 78, namely, theltth May, 1853. To se(,'ure this payment, it was enacted that the capital required to guarantee these annual allowances should be invested in the public funds, and the surplus, if any, apportioned to tln' municipalities of the said two Provinces, according to population. The rights which the Imj "ial Parliament desired to protect and secure under the Statute IG Victoria, ch. were thus preserved, but the system thus organized mad; the State the debtor for thesi' annual appropriations, and the «dn)inistrator ol the lund representing the same, during the full term oi the lives of the then incumbents. The third siction of this law clearly indicates 40 iS 6 « that thi.s stylo of I'liactnit'iit, iuloptcd to satisfy the rule of tho Imperial Aft, was nut whiit our rarliainciit pn-lcrrod. Anxious to put aside all appearance of union between Church and [State, as it declared, and to settle promptly and finally all ret lamations that might exist against these funds of the "Clergy Reserves,' the Legislaturi", by this 3rd section, authorized the Executive to comm ite a>id extinguish the same, with the consent of the pasties interesti d, by the iminediate paymeu'. of the capital (at the rate of 6 per c Mit) ealculat d on the basis ol '.he probable Hie of each inci'.mbent. At the beginning of this legislation the clergy ef the Church of ''.i';^,- land had been alone benelitt<>d, and had raised the pretension of being soleiy 10 entitled to the benefit of these reserved lauds. Hut about th' year 182.), the meml)ers of the Church of Scotland presented a claim, as well for their clergy as for those of the other I'rotestant denominations, ibr a share and interest in these Kt'serves, proportioned to the number ol the members of each Church. Tliis reclamation, for a long time contested and opposed, was finally admitted, and when the Statute of 18.')4, to which I am about to refer, was pas.sed, the right of the ministers of the Presbyterian Church of Canada in connection with the Church ol Scoilaiiv^ to the benefits of this tStatute had been for a long time acknowledged. The provisions of the law of 1854, relative to the commutation of the 20 annual allotments, payable to each minister, appearing satisfactory, a meeting of Synod of said Church was convoked to dctide on united action in relation to this commutation. The meeting was held in January, 185."), and the following resolution unanimously adopted : " Resolved, 1st. That it is desirable that such commutation, if upon fair and liberal terms, should be ell'ected; and that the Rev. Alexander Mathieson, D.l)., of Montreal, the Rev. Jonn Cook, D.I)., of Quebec. Hugh Allan, E.sq., of Montreal, John Thompson, l"]sq., of Quebec, and the lion. Thomas McKay, of Ottawa it shall admit ol' it, to the £\V2 10s ; he that of the ministers now on the Synod's roll, and who have heen piii on the Sviiod's roll . ince the 9th May, IS'y'-i ; and also, that il shall he eonsidered a i'undamental principle that all persons who have a claim to such henelils shall lie ministers ol' the I'reshyterian Church of Canada in .onnection with the Church of S.otland, and that they shall cease to have any claim on or h • entitled to any share of said tonimuti.iion fund ]Q whenever they shall .'ease to he niiuisteis in connec'.ion with the said Church. -'nd. That so soon as said coniuiulation shall have heen decided upon, and agreed to hy the .said Commissioners, th' i{ev. John Cook, I).])., of (^uehec, shall he fully empowered and authorized, and this Synod hereby dele<>Mtes to the said licv. Jolin Cook full power and authority to endorse and assent to the several Towers of Attorney from the iu(livird. That all ministers h,'. iuid tliey are herchv en/iined and entreated (as to a m Msure i)y which, uiid -r Pro/i len 'c. n H oily tlndr own present 20 interests will h' s^ciir-d, hui a p 'r.uaneiit eiido ami mt for tlie mainteiianoe and e.'ctensioii of religious ordinances in the Cliiirt h) to irrant such authority in tiie fullest manner, thankful to .\lmi. X « 10 ■ n ' Firstly. Tliiit till' owm-rship of tin; proiu-rty situatfd in the I'roviiicc " of Qiu'hi'c uiul l>i'l()iiu,iii|Lf 1»> I'vory ionjfn'• this law. The 11th section of this Statute then repeats, " wiln lertain niodilications, tlu- provisions oi section 8 ol' the Statute ol On- " tario, relative to the Tein|»oralities 15oard of the Presbyterian Church of " Canada in connection with the Chun-h of Scotland ; and after having stated '■ that this fund is administered hy a hoard incorporated by the heretofore |f> ■ Province of Canada, and that it is oroposed to maintain ttio revenue of the " said fund lor the ministers havinoralities Fund, who decline to become parties to su.'h union of the said Churches, shall be entitled neveitheless to all their rights as if they had entered into such union, so loiiii" as they shall continue to be l*rcsbyterian mill- 4ers in y-ood stalldill^• within the l»omini(»n of Canada ; and that the 10 successors of these iniiiisteis shall retain the same rights in the said fund as if the union of the said Churches had not taken place. 3. That as often as any vacancy in the IJoard of Management of said Temporalities Fund occurs, these beneficiaries may each nominate a person being a minister or member oi the said Fnited Church, or in the event ol their being more than one vacancy, then one [)er.son ibr ea^h vacancy and the remanent members of the said board shall thereupon, from among the persons 80 nominated as aforesaid, elect tin- person or numl)er oi' pi-rsons necessary to lill such vacancy or vacam ies, selecting the person or persons who may be nominated by the largest number of beiieliciaries, but in the event of failure 20 on the part cd' tlie beiieiii'ia.iii's to nominate as aforesaid, the remanent mem- bers of the board shall lill \\\> the vacancy or vacanci^is from among the minis- ters or members of the said United Church. Section 8 provides that the third section of this Act shall continue in force until the iiuml)er of beiieliciaries is reduced below lifteeii ; and so soon as the number of beiieliciaries is reduced below fifteen the said Board tdiall be i-oiitinued Dy the reman. 'lit members lilling up any vacancy or vacan- cies from among ilie ministers or memb'rs of the s;iid United Church. Thi' remaining enactments of this .\ct apply only to the rules of procedure to be followed in the election of new memt)ers of the Hoard, in lase of vacancies, 80 and for the auditing of the accounts of the administrators. The last provision is that this Act shall come into force so soon as a notice shall be published in the Qiebec Ofirial Gmelte that the union of said four Chun-hes has been con- Kummated. These several Statutes having been sanctioned and in force, the Synods of the four Churches, the union of which was authorized by the corresponding Statutes of Quebec and Ontario, assembled in Montreal in June, ISTr), to con- summate the propo.sed union. Agreeably to a previous understanding with the other Churches, the Synod of the Presbyterian Church of Canada in con n I ( nection with the Church of Scotland, assembled in St. Paul's Church, in 40 18 Montreal, iuul »)ii tlir 14tli June, 1S7"), tie idcd l>y a very liir^c iiiaJDrity, that on a' next iiioriiiiii;' it would proccod to tin- Victoria Hall, tlu' aj)- pointcd place for the coiisununal ion oi' the said \inion and tiie holdiii;^' ol' its •(Jeneiiil A>senit)lv ol' the said Churches, under the nauu' of the (leneral Assem- bly of the " l'resl)yterian Church in ( 'aiiada. and at the same time i^^-avi- lull power t() its moderator to siu;n in the name oj" the Synod, ih.- pr.'aiuhlc and tlie Hasis ol' Union, and also the resolutions adopted relating' to those l of th- said Church. Persisting tlu'ncelorl h in their refusal to enter the said United Church, this' luinority continued to hold, each year, its annuil Syno lical m 'eting-;, d 'chiring that it formed aiul constituted the Presbvterian Church of Caiuuia in connec- tion with the Church of Seotland, and that those per.sons who had adoptetl 30 the Union, had ab.mdoiied the said Church, and had voluntarily .separated them.Sidvi's therelVom. and no longer formed a [)art thereof. Start iiiii' from this point, the Petitioner, after having stated in his petition his (juality of minister of the Presbyterian Church td' Canada in <-onneetion with the Church of Scot- land, and his right to an annual revenue of !$4o() for life from the Tempora'itie.s Fund of the said Chun h, as Ix'ing one of those whi*) in 1S;')5 profited by the C »mmutation olfered by the (.J-overniaent of Canada, and alleged that this fuiul had b'en created, subject to the eouditioas formally stated in th' resolution of Synod, conditions recognized and guaranteed subsequently by the Act of in- 40 .? xoU^. ■rr l'«!KWKi KWKTi 14 corporalion of the board to whom was .Milrusttid the administration of tho fund, adds : — That thi' Statute of the Provinci' of Quelx'f, 38 Victoria, Presbyterian Church in Canada, whii;h is an entirely dis- tinct organization fjom the Presbyterian Church of Canada in connection with the Church of Scotland ; that they abandoned this latter Church and ceased to be members thereof, and therefore have no right in the benefits resulting from hiid Temporalities Fund. That the Revs. John Fairlie, David W. Morrison and Charles A. Tanner, who receive annual allowances from the said fund- have no right therein ; firstly, because they are not among the number of those ministers who, in 1855, commuted their claims with the Grovernment, and «3condly, kcause they have also abandoned the said Presbyterian Caurch of "^^ W \ r 15 Ciiiiadu ill .oiiucction w 'h th«' Cliunh of S«otlaiid to hi'.onic mfinbiTs <>f thi> lU'W I'rt'hhytt'rian Church in Canada. Lfl UK say, Ix'lore prociM'ding further, that of the six ministers just iKinit'd only one is a party to this cause, the Rev. John Cook, and consequently the ri^-lits oi" the olliers, who have not been impleaded, cannot in any manner be alleiled by the judjruu.nt of this Court. Lastly, thi' Petitioner alleges that, by the terms of the Statute of 18')8, four of the nieml)ers of the Temporalities Hoard were beuiid to retire, and to be replaced each year, and that in order of seniority the Rev. Messrs. Jenkins and Lang and Messrs. Walker and Uennisloun ceased to be members of the jq board in June, 187*) ; the Rev. Messrs. Cook and Uordon and Messrs. Morris and Sir Hugh Allan also ceased to be members of the board in June, IH77 ; that the Rev. Mr. Mackerras and Messrs. Darling and Mitchell ceased to be members of the board in June;, 1878; and that none of them have b»'en regularly replaced agreeably to the Statute of 18')8 ; lastly, that the only remaining member of the said board, namely, Mr. James Michie, withdrew from the said Churih and joined the Fresbyterian Churt-h in Canada, and con- sequently has ifiso furio lost his quality as a member of the said board. That consequently all the said Respondtuits adiuinislt-r illegally the property of the Buid rresbylerian Church of Canada in connection with the Church of 20 Scotland, and have no right to act as membjrs ot the Temporalities IJoard of the said Church. The Petitioner con<;ludes : 1st. That the Provincial Act, 38 Vi(\, ch. 64, amending the Act of Incorporation of the Temporalities Hoard of the said Cresbyterian Church of Canada in connection with the Church of Scotland, be declared unconstitutional, as beyond the competency of the Legislature of Quebec. 2nd. Tiiat it bo declared that the corporation Respondents have acted ilh'gally ii»d have exceeded their powers in allowing the Resjjondeiits to act as members of the said board without their being elected in accordance with the law. .'^rd. That it be declan-d that the Respondents have no right to 30 act as members of the said board, and that they be restrained from so doing. 4th. Lastly, that it be declared that the fund administered by the said i^orpora- tioji Respondents is in itself only a trust for the benelit of the Presbyterian Church of Catiada in connection with the Church of S>otland, and of the members and missioiuiries who have remained members of the said Church, and for no other purpose. That the Revds. John Cook, James C. Muir and Creorge Hell have ceased to be member; of the said Church, and consequently have no right to the benefits of the Temporalities Fund, and that the said John Fairlie, David W. Morrison and Charles A. Tanner are also without any ■i 'rights therein. 40 r i .1 ](» Tvv(» of the lifH[)<)ii(lciit!s, tilt' Ilev. (Javin LiHi? ami Sir Hiigli Allan, du<;lur(>(l that tht-y did not loutost thi.s applicatiun and put thcniselvos in tho hands ol' the Courl ; ihf nthvr lit'spondonts havf pleaded. The licspondents who pleaded have declared, in isuhstanee, that the 'alions composing it, its ministers and members, havo always been reco<,^nized by the Church of Scotland, and allirined in this coun- try on dillerent occasions, and notably by a solemn declaration made in 1H44, and which ihenceforlh form -d one of the lundam.'utal principles of the coii- Klitulion of the said Church, a principle to win 'h ea'r, p:)ss>(ssHl by tli • Syno 1 of th • said Church in all that concerned it, has always t>ccn acknowledged and accepted, and that in 1855, at the lim ' of th • commutation of the rights resulting from the " Clero-y Ueserves," the (Jovernmciu of Canada refused to c<)iisent to a settlement with the ministers thereof, individually, and only consented to make this arrange- munt through the Synod, acting by thsdr reprostiiitativo commissioners for the general interests oi' the said Church: and that tii • fund di'riv<'d from this commutation was sul>jected only to two conditions, as stated in the resolution ol' the Synod. 1. The primary claim of all the then ministers to an annual allowaiiik' of $4')0 for life. 2. Thi' next claim in favor of all ministers placed 30 oil the Synod's roll sul)se(iuent to the !)ih of May, 1858, date of Ihe sanction of the Imperial .let authorizing the Provincial L'gislature to mana"-e the •'Clergy Reserves." That the corporation thenceforth charged with th.; administration of this fund held it subject to the control of the Synod, and for the benelit of said Churc'i governed by such authority. That in 1875 the Synod of the said Chunh. after live years' delibera- tion, acting at all times in virtue of its supreme authority in whatever related to the said Church, re<3olved, almost unanimously, to unite the said Presby- terian Church of Canada in connection with the Church of Scotland with the three other Churches afore mentioned, these four Churches having the same "^^ III \( J ' 17 faith, the siimt? b 'lii'l's and lilt' same (luctriiiP, and that in so doing lh»' said iSynod had not r.-noiint'i'd any oi' tlif priui-iplos, bclinfs or dontriu.'.-i of the said Church, hut, on the contrary, it had prcscrvt'd and mainlaini'd thcni intact, and tliatlhc said ("liur, the opposing parties 20 (seeia to agree on opening the door wider for thi' interference of th • civil power in church matters. The answi-r to this plea is not of a nature to restri<'t tho litigatiori to a strictly legal basis ; as aftt^r having stated that the share of tho ction with the Church of Scotland, is unfounded. Lastly, the proof establishes and details, moreover, the reasons for this division between the Pv'titioner and his partisans on the one sid ', and the majority of the Synod on the other. What is charged against the Respondents is : 1st, Their having, by thi.s union of the said Churches, agreed to renounce the connection which the Pres- - l^ 18 i byt'riuii Cliunh of Canada hail always .an^rully inaintaiiii' I wii i tlu' Church ol' S otlaiid. 2iul Tlu'ir haviui^ ai^rct'il to dt'chire by thi; articles of union si' hidicf in a portion of "The West minster Conli'ssion of Kailh " is not ()bligalory. It is unnecessary to say that thosi- wiio have accepbul ih • u:ii<)n r 'p •! ih's-' a ••usations. They maintain on the lirst point, that the conne-tion ol' ili^ sail! Church with that of Scotland has never implied any subordination wliatever, bui simi>ly an interchange of good will which exists to an ecjual extent to-day between the Church of Scot- land and the new organization. On ♦he second point, they allirm that tho declaration which they have signed ilo's not imply any change of faith ; that \q th-y have smiply acknowledged that the 2:1 ca[). of the Confession of Faith cannot be interpreted as sanctioning principles opposed to lib'jrty of coii- Kcieno' in matu-rs of religion, and that such has always been the belief of the isaid Church prior to the union. We have just reached th" crowning point of the religious aspect of this oast', and 1 have only sought thus lo exposi' it by a gradressing the grieviinees of whieh he e(Mnplains. It is mil -h to 1);' regretted that these important, (lucstions us to the eon- Hlitutionality ol" the hiws have not been intrusted by our new politieal eonsti- tution to a spi'iial tribunal, whose jurisdi.tion and authority in like matters would b- inKiu.'stion.'d The ordinary tribunals thus lind thtMusidves charged therewith unaid 'd by any very pr.'cise rules to guide them, and it is neeessary to si'ek elsewhere what our loo short experienee of a le(leral svsli-m does not iMKible us lo lind her.'. Although ther.' exists a fmidam 'iital ditlVreiu-e betwei-n iq the Am.'riian Federal Constitution and that of the Canadian Provinces since in the United States the I'ederal powers have been deleirated by the States to the central government, whilst here it is rather the powers ol' the Provincial L'gislatures whieh have b 'en sp,"iallv delegated, and cons '(jir'ntly limited; nevertheless the principles ai-cepted by tlie .Vincriean jurisconsults and bv the tribunals ol' the iiciu'liboiiriim- republic on ([uestions oF iln' constitutionalit v of the laws app'ar to m ' to allord rules of indisputable wisdom for the decision of like dilliciiliies. ' It has been said i)v an eminent jurist, says Coolev (on '• Constitutional Limitations, j). 1K2.) that when Courts ar" called upon to pro '• noiiiK'c the invalidity ol an \<-t of legislation, [);issed with all the forms and 20 '• ceremonies r'ljuisite lo give it the force of law, they will ai)proach thi' ques- '• tion with gieat caution, exaniine it in every possible aspect, and ponder upon '• it as lon;4 as delib 'ration and |)atient attention can throw anv new light " upon the subject, and n.'ver declare a Statute void unless the nullity and in- " validity ol' the Act are [)la •■d. in their j"iidg;n"nt, b'vond reasonable doubt. " \ reasonable doubt must be solved in favor of the legislative artion, and tho " Act be sustaiii'd." And further he adds, citing the words of Chief-Just ieo Marshall : " It is not on slight im[)lication and vague conjecture that the Li"'-is- " laturi' is to be pronounced to have transcended its powers, and its .\cts to be " eonsideied as void The oi)position between the Constitution and the law {^50 " should be such that the Judge feels a clear and strong eonvi<'tion of their " ineom[)atability wiili each other." Judge Washington gives as a reason in favor of this rule, after having said that th ' qu 'stion submitted to him afforded room for doubt. " But if I could rest my opinion in favor of the constitution- " ality of the law on which the question arises on no other ground than this " doubt so felt and acknowledged, that alone would, in my estimation, be a " satisfactory vindi<-ation of it It is but a decent respect due to the wisdom, ' the integrity and the patriotism of the legislative body by which any law is " passed to presume in favor of its validity until its violation of the constitu- " tioa is piov 'd beyond all reasonable d >ubt." -i^ 1 4 20 Such, in ofn.vt. is till' I'uiuhimMilal ruk' which should guide a Jud^c in liko iMscs. The priisumptioii is always in lavi)'' of the cuiistitutionalily of the hiw Let, us cxamini.' at present, by tho sight of these principles, the disposi- tions <»r our ronstitutioii relative to the powers oi' tlu' I'rovinciul L gislatures and tht! special Statutes now und-r e()ii;forth America Act, 1S(JT, declaring the powers of ih • I'edi'ral I'arliatneut, says : " It shall be law- '• i'ul for the Queen, by and with th;,' advi-:' and consent of the Senate and " House of Conunons, to make laws for the peace, order and good government jy '' of Canada, in relation to all matters nui coming within the classes of sub- " jeets by this A privileg>,'s a-cord.'d in this respe t to corporations created by this Parliament extended (except when specially restricted) to all the territory subject to its jurisdiction. But tho t'Xt 'ut of this territory, wh'th.T more or less, does not change anything in the nature itself of these rights ; and since these rights ar" now entrusted to tho Provincial Parliament, can it b.? pretented that it has ludther the right nor the l)Ower to legislate in a manner to atlect them ? C"rtuinly not. The change in our political systiMn cannot have had the eflect of rendering perpetual what has b'.en done in th(; past I It is to be assumed rather that property and civil rights then already in existence, and having been established in the past, as '^0 ' 21 woll as property and civil riijhts to 1)' csLabliHh.'d for the I'uturt!, arc madf sub- ject to tht* jurisdiction of tin* Provincial L 'i^i.slaturt's. It must be admitted, therefori', that tli" chaiiufcs which the Parliament of United Canada could have made, and no one will deny that if had the absolute right to make, in the Aiit ol Incorporation of the ' Temporalities Fund," the Lej^'islature oi" the Province of Quebec can make with the same authority aiul the same en'ect within the limit of the territory attributed to its jurisdiction. Hut says the Petitioner, it is eqactly this restriction as to territory which saves my rights, not having a domicile in this Province, I am not subject to the control of this L igislalure, and therefor.' my riglits cannot b;* allected by this legislation, i.0 This obj '(^tion is not s.M-ious. Tlic constitution, in .subjecting property and civil rights to the control of the Provincial Legislatures, did not make and tould not make a distinction between the possessors ol these rights ; it has not limited the legislativi' authority to the case where the property belonged to a resident only! No, all rights of property, whether possessed by a resident or a non-resident, are under the authority of the l"gislative power of the Provin ; !. Any othi-r interpretation of our (;onstitution would be contrary to the best established principles of tin- civil law and of the public law. There- fore, either the rights whii'h the Petitioner claims exist in this Province or ihey do not. If they do uol, what can he seek from this Court i If they do, 20 they only exist as njcognized by the laws passed or maintained by our Legis- lature. Now, I lind that this L'gislalure has lal)le, I must answer that it is not my mission toaccord to him A protection which the law refuses, and that nothini^ would be more dangerous than for the (Courts to assume the power (, ' rejeciing a positive law under the pretext that it was unjust. "There would be (says Cooley, page 107.) very *■ great probability of unpleasant and dangerous <'oiiflict of authorities if tho " (Jourts were to deny validity to l-'gislative action o!i subjects within their vq " control, on the assumption that the Legislature had disregarded justice or " sound policy. The moment a Court ventures to substitute its own judgment " for that of the Legislature in any ease whi>re the (.'onstitution has vested the " L'gislature with power over the subJM't. that moment it enters upon a field " where it is impossible to .set limits to its authority, and where its discretion '■ ulone will measure the extent of its interfercme The rule of law upon this '• sul)ji'i-t app 'ars to b.' that, exct>pt where the Constitution has imposed limits " upon the legislative power, it must be considered as practically absolute, " whether it operate according to natural justice or not in any particular case. '• The Courts are not the guardians of the rights of the people, except as thos.i 1:0 " rights are securecl by some constitutional provision which comes within '• the judi<'ial cogni/aiice The protection against unwise or oppressive legisla- " tion within constitutional bounds, is by an appeal to the justice and patri- •' otism of the representatives of tlu' people. If this fail, the people in their " sovereign capacity can correct tiie evil, but Courts cannot assume their rights. " The judiciary can only arrest the execution of a Statute when it conflicts " with the constitution. It cannot run a race of opinions upon points of right, " reason and expediency with the law-making power. .\ny Legislative Act •■ whi.)h does not encroach upon the i)owert apportioned to the other depart- *' ments of the Government being /irimn facie valid, must be enforced, unless fjO '• restrictions upon the legislative authority t an bi,' pointed out in the constitu " tion and the case shown to come within them." The writ of injunction issued in this cause must, therefore, be set aside, Rnd the Petitioner's demand nyected with costs. il t I I I 1 tr^- 23 Thi- Appt'llaiit is a ininist^r of th»i Presbyterian (^lun-li of ('aiiadu in ooiinectioii with the ('hurch of Soothiiid. He refused to join the Presbyterian union in IHTo. and with ten other ministers, and a lartre coni^reirational follow- in<>:. eontinueds the ('hunh of Scotland, whicli is still in full or<.';anization in Canada, having now in the Province of ( )ntarioand Quebec thirty-four coni?re<^a- lions. Some (»t tin; lead insjf and most inlluential i)eoi)le in Canada maintain their connection with it. The present suit is virtually in behalf of all the members and adherents of the Chur h oi' Scotland in Canada. The Appellant. Ihoiigli deeply interested in the result, is not eontendin!^ for personal C2,2()(>. The voluntary renunciation of individual ministers then made for the 30 purpose of :H!rmanently endowing "The Church of our Fathers " is a singular and worth> act ol the devotion ol the commutors to the Church of Scotland in Canada, (See the Pastorial leJter of the Reverend John Jenkins, D.D., Moderator of the Synod,) that must challenge the respect and admiration of every man capable of appreciating sincerity of purpose and unadultered self- denial. The Government transacted the business mattt^r of paying over the aggregated individual claims to commissioners who produced the moral voucher of the Synod, in a resolution accrediting them to the government and the legal authority to transact and grant a discharge, in the individual poiver of attorney from each minister. ^^ J J r ^y. 24 The Commissioiiors iu ti'tl iiol only on Ix'half ol tlu- ('hunh but as the attorneys of the niiiiistciis .separately. The lievereiul l)r (Jook writing to individual ministers lor their powers ol' Attorney to authorize him to j'Tant a reeeipt to the (lo\ ernnn'nl I'oi the individual claim.s of ministers, reiterates in his letter (Appendix pai^e I- lin(^ ;{0) the I'undann'iilal conditions upon whirh the commuting ministers anTeed to l'(»rin the Temporalities Fund, and ex pressed his tliankl'iiliiess " to .Vlmij^hty (lod I hat away so easy is open to them " for conferring? so important a henelit on the Church." The coniiitions upon whicli the Appellant and the other ministers aut as lo the capital, and by far the major portion of the revenues, the Synod was powerh'ss, such matters being regulated in accordance with the lundamental conditions (see Appendix, [). 9 and 10) upon which llie creation oi the i'und was basi'd, and the Statutory enactment (22 Vic, cap. GO, Canada) regulatiug the terms of the Respondents' 20 holding and administration. The Petitioner instituted this action not against the Synod or the Church, but against the corporation, Respondents, and the members of the cor- poration. Against these alone he fouiuls his complaint, and they must justify their acts and administration, not by references to sui^i moral countenance as ihey pretend to have received from the Synod — a voluntary association, not a party to this issue — but by virtue of the powers derived from the origiiutl Act of Incorporation and the amendment then^to (38 Vic., cap. 04) passed by tJie Quebec Legislatunv The Respondents must rely upon Legislative a id not Sy nodical 3q authority. The Respondents invoke the Act of the Quebec Legislature, which is impugned by Petitioiicr as being unconstitutional, and beyond the competency of Provincial Legislation. It is clear at the outset that if the Provincial Act is within the com- petency of the local Legislature, the Petitioner is without legal ground of complaint. It is true the intention of the founders of tht> fund has been invaded. . 1. The proof establishes tl at t!ie original i-apital (amounting to £127,000) which could not be diminished under the Act 22 Vic. Cap. QQ, 40 \t M I Caiiiwlii. has bt'on li>ii«'hed upon and rcilucod (undor the authority of Amond- ing- Act, 38 Vic, Cap. 04, Soc 1) in four years of the Respondents' Administra- tion under the new authority, to the extent of $75,000. 2. The Provincial Aets establish that the extinction of the Endowed Church is not only sought, but openlv contemplated. (38 Vic, Cap. 61, Sec. 1 Quebec,) and that the balance of the Fund must ultimately go- to aidinj^ weak charges in the United Church" (38 Vic. Cap. 64, Sec 1). 3. The Provincial Acts further I'stablish that the .Ai)pellant, though a founder of the fund, is now disfranchised, and deprived of the right of admin- istration, that privilege b ing reserved only for " miiiist'rs, or members of the lo United Church" (38 Vic, Cap. 64. sections 3 and 8, Quebec). But if all thest^ things may be constitutionally done by the Provincial Ijegislature, tlu' \pp'lln,nt recognizes that lie is without relief from the Courts. The Appellant therefore seeks in limime to impugn the local vn'Xn. It is not neces.sary to rep "at at li>ngth his contentions in this r.'sp»ct. This has been succintly done by tli • ILmourable Judge who rendered the judgment. Our jursi)rudence furnishes !)ul few. if in fact any, precedent exactly in point. Our Federal Constitution is new and wullicient time has not elapsed to permit important constitutional questions akin to the presiMit to be submitted to the Courts, lie .;ui do little more than shortly and elcurly stiite hi."* pre- 20 tentions, aiid leave the matter to the decision of the Court. In this respect he regrets LJiut he is unal)le to aid the Court with pre<;edent ; but he relies with conlideui-e on the interj)retalion the Honourable Judges may be pleased to givo the Statutes. If the controversy were simply as to a spi-eific piece of land, or a par- ticular building, having a precipe imd well defined Provimial lor.iis, who,se tenure was purely of a local character and unlettered with the consideration of questions ol' a general character. Appellant would contend without hope. Indeed in this respect Appellant recognizes that the jurisprudence of the Courts, and especially ol' the Courts of the Province ol f)utario, would afford 30 decisions against such pretension. But in this instance, the controversy is over a large sum of money, amounting to about $500,000. proi;eeding originally from the bountv of the Crown— the proceeds of the sale of Crown lands belonging to the extended domain of the old Province of Caiuida. The fund has no Provincial silus. It is not Provincial in origin, in application, or in destination. Its only determinal)le lorua is the place of meeting for the time of the Board Respondents. This board is not restrict*'d to a Provim-ial placo of uieetinj. Its meeting are ancillary to those of the Synod, and those of the S/nod are nomadic — now in Ontario, and now in Quebec ; but not permanently or statedh in either. The creators and beneficiaries of the fund reside in both '*" ■'t| ijii 1 I I •^i» 21 i]w Provini't's of Ontario aiul Qufbcc. Tlit^ Appi'Ilaiii rcsiijcs in Ontario. Ilis I'lii^ibilit V to (^'('ciion as a member ol" the Hoard is not questioned by tlie Ontario Statutes; but he is disfranchised by tht' Quebec Act. At a meeting of Synod or Assembly hehl in Ontario, he is debarred by a Qiicb •■.• Statute from eligibil- ity lor nomination ;ind eh-ction as a member of the Hoard, then meeting iu Ontario. Why should his rights in Ontario be invaded by a <^uebec Statute? He is, thus, obviously ch'prived oi" one of his most valued rights as a British sul)ject — the right of adminsl-riiig a property to whij(!ct, and of which he "an only be dei)rived by civil death, or tlie deprivation of his rights as a "British subject" under 20 the laws of the British Empire, (Civil ('ode of Lower Canada, article 30). Blackstone's pithy protest against the infringment "of the sacred and inviolablo right of private proverly" and his defence of the "absolute righrs whii'h " api)ertain to every Englishman" are in glaring contract with the legislative vandalism of Quebec. The whole tenor of the se.-tion 92 of the British North America Act contemplates application to matters purely Provin ial, and. not general in eharacter. Sub-section 10 expressly restricts the Provincial legisla- lii>n to "local works and undertakings." and prohibits legisla- tion as to ■• other works and undertakings conniH-.ting the Pro- " vince with any other or others of th.' Provinci>s, or extending beyond the 30 "limits of the Provinces." Section 11 restricts the power of incorporation to " ('omi)anies tvilli Piovincial ohjrrlx" Whereas Section 16, completing the category of Provincial powers, sums up th" bill-of-fare under ttie signilicant, lieading: "and generally all matters of merely lonil or privnie nature in ths " Province" Ls there anything of a merely lo-al or private nature in the fund in question, or in the Appellants rights of administration ? Further, it is very observable how carefully the Imperial Statute in every instance restricts eve; these limited powers with the words " in the Proviin;e." When the Statute (B. N. A. sec, 92, sub-sei-. 18) declares that " property " and civil rights in the Province." should come within the exclusive jurisdiction '^^ :s( i: ■ !i ^m 'y V 2H of the loiiil Lt'^islature, can it I) > assunrnnl thai ill piopiTty and fivil riijhts, come within Proviniial (titrnizantH- V It ho, why wt-n* the words "in the '• Provinci'," scnipulousiy apjM'iided ? Wi- are aidi'd lurthiT in toininj^ to the conclusion that then' arc " property and civil rights " whiih do not come under the exclusive control of ih;- Provincial L'yishiturc, liy the 91 Section of the same act dwclarinif the powers of the Dominion Parliament. • It shall })e lawful for the Queen, by and with the advice and con- " sent of the Senate and House of Commons, to make laws for the peace, " order and i^ood government of Canada in relation to all matters not Ivvithstaiuling anything in this Act) the exclusive Legislative " authority of the Parliament of Canatla extends to all matters coming " within th>- classes of subjects next hereinafter enumerated; that is to say : — * * * * * * # * ## •' (2!t.) Such classes of subjects as an> expressly excepted in the enumera- " tion of the classes of subjects !»y this Act, assigneil exclusively to the Legis- '• latures ol the Provinces. • Aijd any matter (doming within any of the classes of subjects enumera- 20 " ted in this Section, shall not be deemed to come within the class of matter of " a local or private nature, cotnprised in the enumeration of the classes of ■ subjects by this Act assigned exdusivtdy to theLi'gislatures of the Provinces." The Dominion Parliament exercises exclusive legislative control in all nuitters not coming within the classes of subjects by this Act assigned " exclusivtdy to the Jjcgislatures ol the Provinces." Is the question of " pro- •' perty and civil rights" ex lusivcly as'Signed to the Proviiu cs ? Not by the terms of section '.•2 ; whereas sub-section 2!) of section 91 expressly gives to the Dominion Parliament power to legislate in " Siu^h classes of subjects as are '' expressly excepted in the enumeration of tlie classes of subjects by this Act 30 " assigiu'd exclusively to the Legislatures of the Provinces." The powers of the Local Legislatures are restricted — parsimoniously — to certain speciiic matters ; all beyond comes within the domain of Dominion enactment. The public and ultra-Provincial character, of the origin, administration and application of thir, i'und, it is submitte*!, takes it out of the category of a " local and private" matter "in the Province," and appropriately assigns it to the legislation of the geiu»ral Parliament. The Act impugned is simply an amending Act. It is contended that Act 22 Vic., cap. 60 is still in force. The latter Act is passed in pursuance of a "* ' J 111, --S I long Merit's of iicj^oti'itioii an I Ic-^islatioii, Imperial and Provincial. It is broad in its character, and is tln' foping stone of th« suneessfiil stru'^s^le of the Church ol Scotland thereof. That the Pelil ioner. as a member and minister of the Church ol Seot- laiul, and as a member and minister of the Tresbyterian Church of Canada, in •onnection with the Church of Scotland, and as a memoer oi'the Synod of the said last mc^ntioned Cliurch. and as a Protestant clergyman, sime the dale of 1(1 the Petitioner's induction into the ministry as aforesaid, continuously unto the present time, bcciune .ind was entitled to a share of ami to a right of owner- ship in and to participate in the proceeds of certain lands oi' the Crown with- in the Provinces of I'pper ami Lower Canada, respectively, and in the rents, profits ami enu)lumeiits derivable therefrom, as in the Acts and Enactments re- lating thereto de<'lared That by Acts of the im[)erial Parliament ol' (Jreat Uritian and of the hnj^erial Parliament, ol' the I'liiled Kingciom of Great Britain and Ireland, the Soverigns of CJreat Hritain and of the United Kingdom of Great IJritain and Ireland, were empowi-red to a\ithorise the Govenor, or Lieutenant Govenor, of 20 each of the then Provinces of Upper and Lower Canada, respectively, to make from out of the Lands of the Crown withinsaid I'rovinces respeciively, such allotmi'iit and appropriatmn of Lands as therein mentioned, for the support and maintenance ol the Protestant clergy within the .said ProviiU'es. and to apply the reiiis. prolits and emoluments which might at any time arise from such Laiuls. so allotted and api)ropriated. solely for the nuiinteiiain'e and support of a Protestant cleru'y within the Province in which the same might be situated and to no otlur imrpose whatever. That subse'|ue:itly thereto, in i)ursuance of said Acts, certain Lands of the Crown were from time to time reserved for the purposes me!ition<'d therein, y(, which said lands were kno\vn. and were and are commonly designated by the name of the " Clergy Reserves.'' That the (ioyeriu)r. Lieutenant-(iovernor. and Administrator of the heretofore Provinces of Upper and Lowi'r Caiunla. respectively, were einpowered with the consent of the I'^xecutive Council of such Provinces, respectively, and in pur.suance of His Majesty's instructions, to sell ai'd convey a part of the said ■' Clergy Reserves " in each ol' the said Provinces, iwul to invest the pro- leeds of such sales in the Public Funds of the said United Kintrdom, and to appropriate the dividends and interests of the moneys so invested for the 40 u n, i I t. support and inainttMiiUuc of a I'roti'staiit rleiiry within the said Provinrcf!, solely and to no other purpo.-it' whatever. That by another Imperial Act. the sale ol' the entire ('lerjury Reserves in the Province of Canada and the investment ol' the proceeds ol' such sale, and the distribution ot the interests and dividends ol' such investment, subject to certain conditions, were authorized for the j)urposes hereinbefore mentioned. That by another Imperial .\it. the Leijislature of the heretofore Province of Canada was authorised to dispose of the said Clergy Reserves and to make such investments of the proceeds thereof as to the said Lcirislaturc inii^ht seem nuH't. 5ubjt'ct to the proviso, that it should not be lawful for the said Legis- lo lature of the Province of (.'anada. bv aiiv .\ct or Acts thereol' as aforesaid, to annul, suspend or reduce any of the annual Stii)ends which had, previously thereto, been already assigned and given to the clergy of the Churches of Eng- land and Scotlaiul, or to any other religious bodies or denominations of Chris- tians in Canada (to which the faith of the Crown was pledged) during the lives or iiicumbemies of the parties then receiving the same, or to appropriate or apply to any other purpose, any part of the said proieeds, investments, interests, dividends, rents ami prolits tiiat might l)e required for the jiayment ol the stipends and allowences due or accruing to the Ministers and Missionaries of the said churchs of England and Scotland durin<<- their lives or incum- .jo bencies. That the Imperial Acts, to wit. the Acts of the Parliament ol (riHat Britian and of the United Kingdom of CJ^reat Britain and Ireland hereinbefore referred to. the whole of which are herein iiivoked, are specilically referred to in the Ad passed by the heretofore Province of Canada, in the eighteenth year of the reign of Her Majtisty Queen Victoria, entitled, 18 Victoria, Chapter 2. That under and by virliu' of the said last mentioned A( t, it was enacted and declared that the moiu-ys arising from the sale and disi)osal of the said Clergy Reserves, in the said Province of Ui)per Canada, should continue to form a seperati' fund, which siumld be called the " Upper Canada Muiiicipaliti»'s' on Fund,'' and that the moneys arising from the sale and disposal of the Clergy Reserves in the said Province of Lower Canada should continue to form a separate fund, which should be called the • Lower Canada Municipalities' Fund,'' and that after deducting the necessary expenses attending the sales of the said Clergy Reserves, and managing the sanu' and the said Funds, the money forming the said Funds, or that had previously arisen therefrom, should be paid into the hands of the Receiver General of the heretofore Province of Canada, to be by him applied according to the purposes of the said last mentioned Act. That by virtue ol the said last mentioned Act, the annual stipend and 4(i r.v li 1 1 m s ;ill(t\v:iin 1' wliich had l)ccii. hclnif ilif ])assini>- oi' the Act of I'arliaiufiil ol'thi' (Iiiitt'il Kiiitr\uid for that section of the Province, and lo should l)c [)aid out of lln' same in pie|eren<-e to all other charires or expenses whatever. That by the Act oi the late Province of Canada (18 Vic: Cap. 2) it was enacted that the (Jovernor of the said Province of Canada might, whenever h ' miirlit deem it expedient, with the consent of the part.'es and bodies severally interested, commute with the said parties such annual stipends or ullowaiii'es for the value thereoi'. to be caleulated at the late of six jier centum per annum upon the i)robable life of each individual, and that such commuta- tion amouni sliouM be paid accordingly out oi' that Municipalities' Fund, upon wliieh such stipend or allowance was made \ U'liiui Chunh of Canada, in rDnncrtioii with the Cliurch ol'Si'otland, bt'<,'un at Montreal tho tenth day of. January, a?id concluded the eleviMith ii< li pnilimi i>\' ihi' proci'i'ds of the CltT^-y Hi-nci vt-s ah hml Ikm-ii i^raiitiul to the Synod n\' till' I'li'shyU'riaii Cliuit h of Canada, in ronnrciion with tlic C'hunh of Scotland, hpci-ilyin^ thf nanics and ai^cs oInui-Ii pfrsons. iho annual ainountH Dl'iht'iv allowani't', and tlironirh v\ lioni it is paid:" and that he had ininu'diatt'ly issut'd a linular to the .suvi'ral pariifs. n'((ut',stin^ a slali-nu-nl of their ages, to l)U relnrnc(i to him, — Mr. Allan, of Montreal. ha\ ini^ kiiidly ofliTed to furnish him willi home ol' tiic iicnis ,— l»ut thai he hairesaid Commissioners to constitute the Si' id Corporation till tiie next meeting of Synod, when four more members s> 11 be added by the Synod " The Synod ordered the linutes of this meeting to be printed, i>nd a copy sent to each ^Jnister as soon as possible, and they further instructed their '^^ -H' \i .^ t \ I- ! ■ r, i 11 !' Coniinissi()iit.'r.s, iiaiui'd ulxivf, t<> a(ld^'.■5^ a 'inuhu' to tho si'vcral ininisterf, showing thi-m the iinportiuiif id comiuutinu: iipnn ihc plan agri't'd tti at this irn't'tin'i', and giving tlu'ui lull itilornKitioii on th*- >ubji'(t. The Synoil rt'(ju>'sti'd thrir Modt-raicr to rouvcy to thi' lion. John ILunilton. ol" Kingston, and tin- Hon. Tlionias M' - i. ;r 1: The Synod was thi-ii 'losi-d with prayt-T. Thill tilt' said i>i'()r('t'diiiLrs of tht; said Synod arc valid and l)indin<^; that thf terms and conditions tht'n'l)y (.'stablishcd and di'iUircd, form the basis for the distribution and application of the said Fund, hereinbefore and hereinafter reierred to. That the sole business submitted at the meeting- oi the said Synod of the Presbyterian Chunh of Canada, in connection with the Church of Scotland, ai the diets thereol', held on tlie tenth and eleventh days of January, eitjhteen hundred and lifty-live. was the consideration of tjivm^ fori'e and eltect to the clause permitting the (lovernor of the then Province of Canada in Council to Id commute the claims of Ministers, Imumbenls and Missionaries upon the Clergy Reserves Funds, with the consent of the bodies and parties si'verally interested as set out in the minutes hereinbefore recited. That the said Synod, on its own behall and on behait of its members, deiermined at its said meeting to take advantage ol the said commutation clause, and ai)pointed a comniiitee, styled Commissioners, to give oflect to thi- said determination, and the said Synod ordered said minutes to be printed, and instructed said Committee to send a copy tiicreol' to each minister entitled to commute. That the said Kevereiid John Cook, Doctor of Divinity, was ai)pointed 20 convener and Chairman of said Committee, and as such, was authorized to, and tlid, address a circular to all the then Ministers and Incumbents of the said Church entitled to beiieiits Irom the said Funds, among others to the Petitioner, which circular was in the tollowing words; — •'Quebec, 24th I'ebruary, 185.5. •' lievd. Sir. • I am instructed by the Commutation Committee appointed at the last • meeting of Synod, to eneiose to you two Powers of Attorney, approved by •' the (roveriiment and by the Synod, which it is necessary yon s:iould sign and ■ Ibrward to Hugh Allan, lllsq.. Montreal, without delay. — in order to our • obtaining a commutation oi Clergy Reserve money, which will be advan- •• tageous to the hurcli. .All the Ministers present at the meeting of Synod '■ in January, agreed to commute, and the Ministers of the Chunh of England " have unanimously sigiu-d similar [mwers to those now f(.«rvvarded to you. " The fundamental conditions contained in the minutes of the Synod, '■ held at Montreal, on the 11th January. 185'), which are alluded to in one oi" '■ these powers, and which by the terms of the said minutes, it shall not be •' competent for the Synod at any time to alter, unless with the consent of the " Ministers granting such power and authority." are first, "That the interest of 4'i I;;- l-i t ■ M »l ?*■ 18 " the Fund .shall be devoted in the tirst iustaine. to ihe payineal ol' salarieK of •,€112 lOs. ca'h," to surli Miiiisli-rs, • ;iiid that tin- next claim on I lie Fund • shall be that of Ministers nn the Roll ot the Synod, ind who have been put ■ on the Synod's lioll since the 9th May 185;J;" .md, second. ■That all persoub • who have a claim to such benefits, sliall b' Ministers of the Presbyterian "Church of Canada, in connection with the Church of Scotland, and shall • cease to have any claim, when they cease to be Mini)>ters in connection vvitli • the said Church." ■• Of these conditions it is presumed you will a])prove, and 1 have the ■ satislartion to inform you. that on the terms proposed by the (lovernmenl, l() ■' and to which the Commutation Committee are prepared to agree, as soon as " these i)ovvers are received from the Ministers of the ( 'hurch. it will be certainly ■ i)ossible to comi)ly with the first condition, in so far as respects Ministers • settled before the !Mh May, 18.');], aiul, preserving the capitiil. to secure to ' them, from the interest, salaries of jC112 10s. for life, or incumbency. And • it is, tlii'refore. earnestly entreated that there may l)e no hesitation or delay ■■ in signing and forwarding thesi' ()owers. •' 1 am furthor instructe(l to call your attention to the foUowitig Kesolu- " tion. passed unanimously, at the last meeting of Synod: — " That all ministers be, and they are hereby enjoined and entreated, (as .;() • to a mi'asur<'. by which, under Providence, not only their own private " interests will be secured, but i)ermanent endowment lor the maintenance " and extension of Religious ordinances in tlu' Church,) to grant such authority " as is necessary to elieet a commutation, in the fullest manner, thankful to ' .\lmiglity (rod. that a way so easy, is open to them for conferring so impor- ■ taut a benefit on the Church. Not doubting that vcni will concur in the ■• views of the Synod. " I am, '• Kev'd. Sir, '■ Your obedient Servant, 30 •■(Signed) JOHN COOK, Cw/rertfir." " To th<' Reverend."' — That Petitioner and other Ministers and Incumbents of the said Presby- terian Chunh of Canada, in .•onnection with the Cliunh of Scotland, and the Missionaries of the said Chureh of Scotland, renounced their individual rights in the said Fund, and aixthorised the said John Cook to act for each of them and in their behalf, for and by reason oi the terms and conditions of the resolutions passed at the said meeting of Synod on the t^nth and eleventh January, eighteen hundred Hfty-hve, and more espeon the considera- tion that the Fund to be created thereby would be a permanent endowment '^^^ H !l'^ * f ^'? 4\ l-ri.. '^i^ . .1 14 lor tlir Prcshyteriaii Cliunli id' Caiuitla, in i (niin't lion with ilu' Chviri;h of S<'()llllinl. Tlial no rliaiiLjt; could hf made in lln' 'ruinij on tht; said I'und ri'tcivi'd uiuUt the said Conmiutation A>i, and the Ai.'ls therein referred lo. without the full eonsLMit and aijprovai oi I'u'li and all of the eoniniulini.'' Ministers who renouiieed their individual interests therein, in eonsideiat ion of the matters set out in the resolutions i'as>ed at the said meeliiiij ol' Synod on the t>'nth and eleventh .laiiiiary, eii^^hte'ii hundred and lilty-live. That on ami sinee the ninth of May, eitrhte(>n hundred and lift y-three. ki the Tetilioner was .'iititled to the Ix'ii'lits d.'rivahle from the proi'eeds of the said Clerify {{I's.rves und^r the >aid Imii'rial and I'rovimial aeis relatini^' thereto, and on the ninth day of May, eiii'liteen hundred aiul lifty-three, I'eti- lionei' was in the reeeipi t)i a stipend and allowanee therefrom amounting lo ui)\vards oi' one hundred pounds ;uiniialiy. and fui'lher at the date of the passing- of the ri'solutions of the said Synod in l'avour(d' the yaid eonimutaiion, to wit. on the eleventh day of January, einhle.'n hundr.'d and iifth-livo, the annual value of I'elilion 'r's stip 'ud and allowanef. formiiiii' a lih' laim pay- al>le to him hy and out of .said sums, amounted to tlie sum of one hundred aiul fifty pounds curreiu'y [^'r annum, and the said Petitioner has never done •_y anvthinii' to forfeit his rin'ht to parti -i]);!!.' in the said fund, or in the pro eeds, prolits or revenues tliereof. That durinii' the year I'ii^'hteen liundied and lifiy-live. and after passimr of the said resolutions hy the said Synod, ili.' said I'etitioner did commute the claims due to him hy the said I'und. with ih" < lovenimeiit, hy and through the said Commissioners, upon tlie londitions s"i out in said resolutions, and the said I'etitioiU'r did tln'ri^by cons'iit to renouiie.' his |)ersoiuU rights in the said (Mergv Iveserves, and iii the [)rociM'ds ihereoi' in favour of the said Presbyterian ('hurch tjf Caiuula, in eonneeiion with the Church of Scotland, and did consent that tiie amount of the capital sum due and to a irue to liim, should he joined jjo with the amount due aiuI to a^i-rue to other Ministers nil ill.' Syii'til \v<\\ mi iiiiilli \I;iy, cin'lilccii lnuiili\'il miil lll'ly- ihrci', ami iliai ilic ii^'Xl i| iiiii lo In' M'llli'd, il' ilic said IuikI sIkmiM admit, and :is sonii a> il sli.iiild ailniii |.T> wliosc liailK's a! llu' liiii'' assiiig of ilii'suid iTsoliiiioiis sv.'Pi' nil ilii>aid Synod lu>ll and wlii.ii had Immmi put on ilii' -.aiil Svhdd'.s Uoll >iiii'<' ili ■ iiiiii.li ni' May. i'iu'lil<'"ii huiKJn'd and lil'ty-tlii'M'. up 111 I he dull' (>r I In- passiiiLT "I' I he said ri'sidulinii ; and, also. u[M(n tin' con diiiuii ilial il slioiiM lir .nusidtTrd a i'lindaniriiial iniiit iplr iliai all pri.son.s who havi' a 'laiin to Mi^h ln'injiis ,sh()iiid Im' niini.sti'i> ol' ilir I'li'shyiiiiaii C'huri'ii of Canada, in 'onnci lion wilh llir Chundi ol' SrciiJaiid, uiid thai ilicv should rca.si' III ha\i' any ilaini on or in li,' ciiiilli'd Id aiiv shaic of lln' .said Couiniiilal ion I'liiid w Im'IK'V "r they .shciiild i .'a>r lo he MinisttT.s in lonin'iiiuii wil h I hi' said < 'hiir di. Thai ihi'said I'i'l il i'linT lia.v alway.s luaintaiiird his .niin tI imi wilh llir said I'll sl)\li'rian ('hiii'' h ol' ('anada, in loniu'iiioii wilh lln' ('hiirih ol' Srot- land. and has done nolhiiiL;' to ruili'il his riyhls and piivili'iics thi'ifin. That till' lunds plaii'd in lln- haiid.s ol tin- said ('(nnniissioncrs. sulijcct lo llir li'i'ins. ri)iidilioii- and riindaiin'iila I itriinipli's of tln' .said I'l'snliil ioiis. to Iti' hi'ld lor till' puiposi'. and .suhjiTi lo iIh' n'slrii-tions In'i'i'in nn'iilionrd. to wit. ilu'l'iinds I'l'sult ini;- liuin ilif original Coininutat ion rlainis of the Minisii-rh upon till' Cli'iiiy K"s -rvi'.s. I'Xilusivi' of all oiIht ( 'out rihiil ions to ii, am )unti(l III ri^hti'i'ii liundnd and liltv-livc to (he sum ol Oih' lluiidi't'd and Tvvi'iiiy- Si'Vi'H Thoiis.ind round-. ( U ! •JT.iiini) w hiih said stun 'onst ilutrd, and was, ami i.-i. a 'rriist I'und. w hi'li ' mild not !).■ divcrti'd from thr purposes for whiili it was oiiginalU' I'ri'ali'd. ami ih.'said ('iimmi.ssioiii'rs and tlcir K'' rri'shviman ('hiiridi of "aiiada, in i-oiiiirit ion with thi' C'hunli of Siollatid. That altii\\ aids, an Art ol the hcrctolori' railiamciil of Canada was pass.'d (ii2 \'i'.. Cap. (Jil) lo im orpniaii' a Ijoard fur ihr manauTmciil of ihi' said I'und. and for .sii' h oihi'i i'linds as should lie ronlrihutid, sul)srrihi'd or paid m, from tini.' to timr. and that it was tlu'ri'ln doilaivd. al ih" iiim' of tlii' passiiig ol till' said A' 1. tliat said lunds wi'i'c lii'ld in trust Iw ci'ilain ( 'oinmissioni'is on behalf ol tin' >aiil Cliiir'h. and for iln' hi'in'lit of ilic said I'ri'shvti'rian Chundi of Canada, in 'onrn'rlioii with tin- Chiindi of Srotlaml. That at the tiim' of su'di Coiiimuta.tioii ihc funds arisinti- ihcri'from, and whii'li wi'ii' I'oiist ituti'd into oiii' fund, amounted to the sum of one liundr''d and t w'i'iit y-si",i'ii thousaiul iiounds, whii'li it was (h'rlart'd. hy a hv-law p.issi'd 'iiidcr thi' provisions of tlic hist iiii'iitioiu'd Art. shoiihl he ki'[)t sfprruti' and distinrt from any othiT i'Tinds wliiidi miy'ht coino into th«' possession of tlu• •J(- ;{() 40 (■ ;;' f. • I' vM IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 £ us. IIM 1.8 U 11.6 #. 'c>^ /: /A 'W v !^ %' t: 10 Board oC Maiiuj^fiiiviit oi" tli>' Tt'inporaliti''s' Fuml of tht- Pn>sbytt'riiin Church of Canada, in tonni.'itioii with tho Church of Scotland. That under the provisions of the said last mentioned Act, a body corporate and politic was created under the nanu' of the "Board for the Management of I he Tetnporalities' Fund of the Tri'sbyterian Church of Canada, in connection with till' church of Scotland." to wit, the Corporation, Respondent. s, which said Hoard it was declared, among other things, should consist of twelve mem- bers, of whom live should be minist-'rs and seven should be laymen, all being ministers or members in full communion with the said Church, and of whom seven should be a (juorum ; and that the said Board should thenceforth have, \{) hold, possess and enjoy, in trust for the said Church (meaning the said Presby- terian Church of Canada in connection with the Chunh of Scotland) and for the purpo,ses in tlie said Act and in the preamble thereof mentioned, all moni'ys, debenturi's, bonds, bank or other stocks and securities which were then held bv the Commissioners of the said Church, in Trust for the said Church, under the terms of the resolutions of the tenth and eleventh of Januarv, eitrhteeii hundred and fifty-five. hereinbtUbre cited, and subject to the v-onditions in the said Act mentioned. That the said last ineniion''d Corporation continued to manage and ad- minister the Trust Fund arising from the original commutation, and divers oq other funds contributed lor the jjurposcs mentioned in the said last mentioned .\ct, until the iil'teeiith dav of June, eighteen hundred and seventy-five, when the ugu'regate amount of the funds, assets, and moiu'v under tlie control of the said last mentioned Cori>oration. Respondent, and by them held in trust lor the Petitioner and for all others entitled to participate in the revenues and interests a.'cruing thereon, and for the bt nelit of said Church, amounting to the sum of four hundred and sixty-three thousaiul, three hundred and seventy-one dollars and fifty-two cents. (!$40;},871..")2) at i)ar value, according to statement dated lirst May, eightet ii hundred and seventy-live, as set out in the Acts and Pro- cei'dings of the Synod of the said Church for eighteen hundred and seventy- .^^ five, at page forty-live of the Records thereof. That an Act was passed by the Legislature of the Province of Quebec (38 Vic: Cap: 64) assented to on the t weiuy-thinl February, eighteen hundred and seventy-five, entitled an act to amend the act intituled " An Act to incorpo- " rale the Board for the management of the Temporalities' Fund of the Pres- • byterian C lUrch of Canada, in connection with the Church of Scotland" and providing lor the administration and distribution of the funds held and administered under the Act of the late Province of Caiunla (22 Vic : Cap: 66). That the .said Act of the Province of Quebec (88 Vic. Cap. 64) relates to subject matters beyond the conipetei>^y of the Local liegislature under the 40 17 ,<| Biilisli North Anu'ricaii Aft, 18()7, to wii. tin- A.i ol' the rarliaiiu'iil of thr Unitt'd King-ilom of (Irciit liritaiii and Iivland, (:jOtli and 'M>il Vic. Cap. 8). and thi' lji'g'islatun> of llic Provinco of Qiu'biv was iiicoiap^'ti'nt to pass said A<'t ; and till' said Art of ih.' Proviiifc of QiU'bt'f, in so far as it dcTogatcs fiom, or puri)orts lo modify or vary tin- Act 22 Vic. Cap. tiii, of the hcri'toiort' Proviiicc of Caiiada. is null and of no ctl'fct. That tin' subjiMt nnitti-rs of said Art ol ihc L 'g'islatnrL- of Qucboc arc not of a mere local or private nature within the Province' of Quebec, but aticct iht' rights of persons rcsidin;.^ beyond ih' Pi'ovince of Queb '( , aiul not subjeci to its jurisdiction. 10 That the Petitioner is not subjeci lo the leirislalion ol she said Province of Quebec atlecting- his interests in the said funds, and the said Lei^islature of said Province of Quebec has exceeded its comi)etencv ami jurisdiction in pass- ing saiq vincirtl natur.'. bul extend to persons r 'siding* in the Provinc 's of Ontario and Qui'bec That the said .Act of the Ley-islalure of the Province of Quebec is illegal and unconstitutional, and beyond the comi)etencv of the said Legislature. That the s;iid Act of the Legislature of the Province of (Quebec l'{8 Vic,. Cap G4) is further illegal and unconstitutional, in i)ermitting and ()rovi(liiig for the [laymeiit ol an annual stipend to ministers who have ceased to be mombers of, or to have any connection with the Presbyterian Church of ('aiuida. in con- cection with the Church of Sotlai'd, and in pro\idiiig that the Temporalitit's' Hoard, to wit. the Corporntion. Itesjjondents. should, if necessarv. draw ui)on .^^j the cai)ital fund, to wit. the Temporalities' Fund, in lU'der to provide for the payment of the stipends and salaries to ministers, as mentioiu'd in the said last mentioned Xrt. and in [iroviding th.it : "As often as any vacancy in the Hoard " for the managi'inent of the said Temi)oralitie.s' Fund occurs by death, resigna- ■ tion or otherwise, the beiu'iiciaries entitled to the beiielit of the said Fund ■ may each )■ minute a person, being ii minister or nieinb 'r of the said United ■ Church ; or in the event ol there being nior.' than one vacancy, then one ■ person for each vacancy and the riMnanent members of the said Hoard, shall ■ thereuiK)n from among the person.s su nominated a^s alore.said. elect the per.son ■ or nuinb'r of persons lUM-essary to fill sixch vacancy or vacancies, selecting 40 ?■;! 18 ■ ill- j).'i>oii or piTsoiLs who iiuiy I) ■ iKMiiiiiated by llif largt'st luunhcr of bi'iu- ■■ liciuiics to uouiiiiatt' as albr-.'said, the r'luaiuMit uit'iubi-rs ol' the Hoard Mhall (ill • up the vacancy, or vacaiiiics, from amoii^; thi- Ministers, or mt'inbtirH of the ■' said United Church." thus dcpriviipjj a Minister who may liavc retained his connection with the Presbyterian Church of Canada, in connection with the (Muirch of Scotland, of the ritjht to administer the funds under the control of the said Coriioration, Jtespondents, and disiranchisiny and dis(|ualifying' al! members ol (he said last mentiont-d Church from administering the said Fund which, of right, alone belongs to them; and further in setting aside the legal method for lilling vacancies in tlie Hoard, Respondents, as prescribed by the lo said A(;t 22, Victoria. Chapter (>•!, and the By-Laws made thereunder. That tho said .Statute of tho late Province of Canada, (22 Vic: Cap. 6(3) is legally and constitutionally m full I'orco and ell'eci. and the Kespondents are subject to its provisions, and the By-Laws made there\inder by the said Presbyterian Church of Canada, in connection with the Church of Scotland, previous to the four- teenth day oi' June, eighteen hundred and seventy-five, and by tiiose tnembers. Ministers, and lilders ol' the said last mentioned Church, who remained in coniu'ction therewith, and who have not seceded therefrom on and since the iiftwiith day of June, eighteen hundred and seventy-live, are now in full force. That the said Resi)ondents have no jiower to apply the capital sum of one huuilred and twenty-seven thousaiul pounds, or the sum administered by them, to the payment of stipends or to any other pur])ose whatever, but the said sum and sm-h other sums as should be contribitted to it were intended to remain intact as a permanent endowment for the said Presbyterian ('hunh of Canada, in connection with the Church of Scotland: as fully appears irom the Minutes and the Synod letter of the Reverend John Cook. hereinI)efore cited, under the expn-ss j>rovisions of both which the Petitioiu>r surreiulered his interests in the Clergy Reserves and their proceeds to th*' said Church That the said Res[)ondents had power only to ui^e and apply the revenues, interests and accruals ol the said Endowment Fu)id. for the purposes men- tioned in the said Act incorporating the Board, R«'spoiidents. That the Corporation. Resjmndents, since the fifteenth day of June, eighteen hundred and seventy-live, up to the month of Deceiubt^r. eighteen hundred and seventv-seven, have drawn upon the capital of the said Fund to the extent of the sum of forty thousand five hun, ('hapter (JG) of the heretofore Province of Canada. That the Reverend John Cook, Doctor of Divinity, of Quebec, the Reverend James (.\ Muir. Doctor ol Divinitv, of North (leorgetown. in the 40 20 30 V: 4.. ■ *'.•'■■ «' ^:-" 2/ I V'* 5 ( I i ! :■ i '■;•* , k !:,^ . v^ . 7 ■;. i^ , s '1 ; I »■ 19 i] I'roviiHc ol' Q«ebi'<'. and the Kev. (Jeorgf Ht'll, Doctor of Laws, (L.L.D.,) ol Walkerton. in thf Trovinfi- of Ontario, vvimv tommutors, and did t'ommute thi'ir <'laims, upon the ssaid C'lt-rgy Reserve.**, and upon the funds arising there- from, concurrently with the Petitioner, and UJider and subjeit to the terms of the fundamental principles hereinbefore cited, passed by the .said Synod on the eleventh day of January, eighteen hundred and fifty-Hvc. but on and siiu-e the said fifteenth day of June, eightei'ii hundred and seventy-Hve. the said Reverends John Cook, James (.'. Muir, and (Jeorge Bell, did join with anothei religious association called the I'resbyterian Cliurch in Canada, composed of persons who previous to the said lifteenth day of June, belonged to four .seperatc lo and distinct religious organizations, and extt'uding over various provin(, seventy-five, ], unless the interest, revenues and accruals on said Fund, and contributions from other .sources thereto, were sufficient to allow the pjiyment of certain allowances or emoluments therefrom ^0 after the deduction of the sums payable to the original commutors. That the said Reverend John Fairlie, Reverend Darid W. Morison, und Reverend Charles A. Tanner, of Richmond, Province of Quebec, have received from said Corporation. Respondents, since the fifteenth day of June, eighteen hundred and seventy-five, for, and by reason of their i-onnection with and having been Ministers of the Presbyterian Church of Canada, in connection with the (.'hurch of Scotland, since the said fifteenth day of June, eighteen hundred and seventy-five, the sura of Five Hundred Dollars each, to which said last mentioned Ministers were not entitled, both by reason of having ceased to be entitled to the benefits from the Fund administered by said Corpora- qq lion. Respondents, under tht* terms of the resolution of the eleventh of January, eighteen hundred and fiifty-live, the said Reverends John Fairlie, Duvid W Morison and Charles A Tanner having ceased to be members of the Presbyterian ('hurch of Canada, in connection with the Church of Scotland,. and having Joined the said Presbyterion Church of Canada as aforesaid, and because the revenues and interests accruing on said Fund administered by said Corporation, Respondents, were not sufficient to pay the said Reverends John Fairlie, David W. Morison, and Charles A. Tanner, any allowance or emolument v/hatever, after the payment and settlement of all legal clames upon the revenues of said fund, and said Reverends John Fairlie, David W. Morrison, and Charles A. 40 i\ 3-'; J''~ :. -t- ''.■■'t ■ ■■r .■ • I'- i' I- .1 :;-! I yi li !t 21 TaiiiuT, wen- iidl I'lilillfd. rt'spt-ctiv tlv. to sai', lvs(juire, and Ah'Xandcr Mitchell. Ivsquire. were uol l"gally re-elecicd and ai>puointed nu'inbcrs ol' the said Do.ird, Iicspondenis. and thev and the rcmaininu' members of the said Hoard illeiially preteml to exercise, and do in fact exercise and i)erform all the functions ap)>ertaining to legally ele( ted and ai)poiiited members of the said 0() Hoard. That ilie said Reverend John Jenkins, Revcrnecl (Javin Lang. William Walker, l']s(juire, Robert Dennisloun, l']s(piire. Reverend John Cook, Reveri'ud Daniel M. Crordon. John D. Morris. Estjuire. and Sir lluiih .\llan, iu-verend John II. Mackerras. James Miehie. Escjuire. .\lexaudir Mitchell. I'^s(juire, and William Darling, lllsquire a;e not entitled to administer the said l-'iiiul. or to be or remain as members of ihe ' 'orporaliou. Respondents, and should be removed from the said Hoard, and the said Respondents are not entitled further to ad- minister the funds under the control of the Cori)oration. Respondents, or lo make any infringement on the capital thereof, or to disburse the revenues jj^^ thereof in any manner whatever, the said Jloard being illegallv const it iiled. That the said Corporation, Respondents, have infringed upon the capital of the said Fund under their manaiicment and (•onayKieut of. and to i)ay the pretended allowances which become due oil the lirst dav of .lanuarv next, amoiuitiug lo about ttu thousand oft n of claims of Ministei-H upon the Cl^-rgy Reserves and the pro.•.,» 40 \l ■-, u 24 stated, are coiitrarv lulhf provisions ol tiic Statute ol' the hereiol'ore I'rovince of Canada, 22 Vie., Chap. GG, and in so I'ar as they may be ostensibly authorised by the Acts of the Parliament of Quebee, or of any of them, are illegal and unconstitutionHl and ultra vires of the ('or[)oration, Respondents, as Petitioner is advised and \ lily believe.s. AVherefore the said Petitioner, personally and in his.said (qualities, prays that a writ of injunction may issue against the said Corporation, and against the .said Kevert'nd John Jenkins, Keverand (Javin Lang, William Walker, liscinire. Ivobert Dennistoun, E.-^qiiire, Reverend John Cook. Reverend Daniel M. Cordon, Sir Hugh Allan. John L. Morris, Esquire, Reverend .J. II. Mackerras, I(i William Darling, listjuire, and Alexander Mitchell, Esquire, enjoining tlicm and eacii ol them to appi-ar before this Ilouoriible Court, or a .Judge thereof, to answer the present petition. That the act ol the Legislature of the Province of Quebec intituled • An Act to Amend the Act intituled an Act to Incorporate the Koard for the • management of TemporalilieK I'und of the Presbyterian Church of Canada, " in connection with the Church of Scotland," i)assed in the thirty-eighth year of Her Majesty's reign, (.'58 Vic, Chap, b t^ may be adjudged an dehired to bj un<"onstitulional and illegal and be rescinded and revoked and that the subject matter thereof as therein pretieiiled may be declared to be u/Ira rires r:0 of the Legislature of the said Province of Quebec, and that it l)e declared and adjudged, by the judgment to be rendered upon this petition, that the said Corporation, Resj>ondent8, are acting and taking [/roceediiigs bevrnd their power, and without having fullilh'd the formalities pret-cribed by law, and by the Act ol Incorporation thereof, bv permitting the saiard. Xud that it be further adjudged and declared that the said Jtev. .Tohn Jenkins, Rev. Gavin Lang, William Walker, Escjuire, Robert Dennistoun, Esquire. Rev. John Cook, Rev. Daniel M. (xordon. Sir Hugh Allan, and John L. Morris, Esquire, Rev. J. H. Mackerras, William Darling, Esquire, and Alexander Mitchell, Esquire, have no right or authority to sit, deliberate, or act as members of the said Corpora- 40 ^^- LT) , 1 ■ it;i iitioii or Hoard, und thert'upoii I'lirtlicr prays that the said Corporation be by such judjfiiu'nt restrained IVom actin<^ and jtroceedinj^ in re,s|H'ft of the duties imposed upon theia by the said Act of Incorporation of th« 22 Vic. chap. 66t and from adniinisterinj^, usiiif?. dispensing, or disposing of the funds and properly of the said Corporation ; and be ordered and enjoined not to act in respect ol' tlie said duties and powers, and in respect of th« said funds and l)ropt'rty. until an adec^uale and sulficient number of members thereof, shall have bei'M duly elected in ihe manner and with the formalities provided by law and t)y the said last mentioned Act of Incorporation. And further, that the Iiesj)ondents, Rev. John Jenkins. Rev (lavin 10 Lang. William Walker, Esquire. Robert Dennistoun, Es(jure, Rev. John Cook, \i;\. Daniel M. (Jordon, Sir Hugh Allan, Rev. John Mackerras, AVilliam Darling. Kscpxire, .Alexander Mitchell, Esquire, and John L. Morris, Esquire, b(! r.'siruined IVom acting as memixMs of the said Hoard, and be enjoined not to sit or act as, or perform any of tlie functions of members of the said Board, unless and until they shall be duly eh-cted numbers thereof, in the manner, and with the formalities i>rovid>-d by thi' said Act of Incorporation ol the said Board, 22 Vic. chap. UU. .\nd the Petitiojier furthei prays, that it be ordered, that the said Respotidents, and ea' '.•...> •2f! *-r" ilcv. DiiviU \V. Morisoii and Uev Charles A. TiiiiiitT, or any of iliciii, aiiv sum (»!' inoiicy wliatcvcr rnuii tlif (■ai)ital or rcvfiuu's ol the I'tiiids adiiiinis- irrt'd 1)V llit'iu. and liirtlifr, llial tlie said ("oriioratioii, lifspom'-iils, l)o adjuduftl and ordered not lu pav to them the said Reverend Jo... Took, Reverend .laines ('. Muir, Iit'V,'rend CJeorgo Ik'U, Reverend John I'airlio, Reverend David \V. Morison. Reverend Charh's A. Tanner, or to any otlier l)ersoii wlionisoever, any sum ol' money whatever out of the eapital or revenues or interest aecrued and to aicrue on said l'"und. under pain of all legal i)onaliies. until such lurtlu'r order shall be made upon the said petition, as to this Honorable Court, or any Judye ihereol' shall seem meet and 10 exp'dieiit. aiul the said I'et itioiier hereby declares his readiness to cive uood and sulli 'i'Mit s'lurily in the manner prescribed by and to the satislaction of I lu- .> aid Court, or ol a .ludi^e ihereol, in the sum t)l si.x hundred dollars, or any hin'her sum lixed bv the said Court or Judii'e, for the eosts and damages which the Respondents may suli'er bv reason of the issue of said writ of Injunction, and the said IVtitioufr hereby oilers as such securitv, James S. Hunter, Notary Public and Joseph Hiekson, Railway Manager, both of the Citv and District of Montreal, who will justify as to their sutliciiMU'V if re(juired. the said I'etilioiu'r reserving the rfe"!)! to take such (Jther and furthei conclusions in the matter as he may !>■ advised and permitted, tin' whole with .>(, c ).sts of suit and Exhibits against such o' said Respondents as may contest the pr^!s Mit action, but without osts against sueh of the Resjjondents as may duclarii that th >y abide the order of the Court, of which costs the undersigned .Attorneys pray distrapon.iiid Superior Court (d Montreal, afore- said, on the ihirty-lirst (hiy of January ne.\t. (eii-hteen hundivd and seventy- nine;, to answer the premises, and pcnditit^' such liiither order and judii'meul as may he rendered in ihis cause, j do hcndjy onh-r and enjoin the said k Corporation. Kespoudenis. and the said Uespundciits. the Reverend J(din J.Mikins. Kever.-iid (iavin Line-. William Walker. I';.^(julre, h'oherl Dennistoun, l'Js(|uire. Ifevcrend John Co.d;, h'evereiid Daniel M, ( ionhni. Sir ilut^di Allan, John li. Morris. Ivstpiire. Keverent December. 1S78. (Sij-iied|. L. A. Jl'lTTK. Judge. 20 AFFIDAVITS IN SI PPOKT OF rETlTlON, D()f(}l,A.< Hk'v.mxki:. of the City of Ottawa, in the Trovince of Ontario, employed there in the Civil Ser\ ice. in connection with the Dcpartnu-nt of Agriciilturo, beini;- dulv sworn doth depose and say : — ;jf, I know the Petitioner anrinted reports of the Board, Respondents. From the year ei<>hteeii hundred and sixty-four, to the year eight ei-n hundred and seveuty-oiUN I re.sided in the City of Montreal, and during the '*^' (i1 f / •-'8 whole ol' Miid period I was ilu- ICditor of ii Monthly imliliciition i^tyh'd • Tho I'lvshytiriaii," thf n'cot'iii/.i'd orijfiiii of the suid I'lt'sbytfriaii Churh of Caiiadii. ill coiiin'ctioii with thf Church of Siotliind. and us siuh I had spfcial tipportiuiitit's of ln'coinin<>' acijiminlfd with the ulluirs of tht; said Prishyterian Church ol' Cuiiii !i) in connection with the Chunh of Scotland, and with the proceediniis nf thi Hoard, Kesp(»ndents, and thf Synod of the said church, of which latter body i was frefjuenlly appointed a inenihi'r in the capacity of liopreseiitative lilder 1 have an i itinnitt* acquaintance with the records ol tlie proceeroieeds thereof, which knowledge I ol)taiued both from the said records and from personal comniuniriitiou ior years with many oi' the Ministers who commuted iheir claini'i ui)ou the said Clergy Ueserves l<'uuds. I have taken communication of the Petition in this cause, of Petitioner, and to the best ol niy knowledge and belief the matters alleged as I'acts in the said Petition are true. .-,,1 From all the sources ol knowledge and iulornnition at my command it is my iirm conviction that the funds adniiiiistered by the Hoard. Uespoudi'Uts, ■ -isiug from the the eommuutatiou of claims of Ministers upon the proceeds .). 1 Clergy Ueserves, were inteiided to be a j)ermaueiit endowment for the said 'sbyterian Church of Canada, in connection with the Church of Scot- land, namely, for the beiudit of all those persons for all time to come, who should desire to maintain the forms of worship and reliu'ious ordinances of the said Presbyteriau Church of Canada, in connection with the Church of Scot- laud, and this couuectiou therewith as a branch of the '"hurch of Scotland in Canada, and for the l)euelit of those Ministers and Mis.siotiaries in eonueetion therewith, who should maintain their couuection with said church and who should not cease to be ministers thi'reof That on the Hfteeuth day of .Tuue. eighteen hundred and seveuty-five. a uuml)er of the members of the Presbyterian Churih of Canada, in couut'ction with the (Church of Scotland, s(>ceded atid withdrew from its communion, and Joined themselves with a number of ))ersons connected with othei dist:act and separate ndigious organizations existing in different parts of the Dominion of Canada, and adopted the name and designation " The Presbyterian (Church in Canada." That notwithstanding such secessions, the said Presbyterian Church of 40 t^ 30 .::.{ I if . I 29 ■J il Canada, in coimtitiou with the Church ol SiHitland, continued its existence and has rcguhvily held meetings of Presbyteries and Synod and is now in existence as a regular church organization, of which Petitioner and deponent are members. That a -cording to the best of the knowledge and belief of this deponent the ^said Corporation, llcspondents, are illegally administering the funds in their hands which an- trust funds, for the beufiit of tin- Presbyterian Church of (Canada, in conn'.'<-tion with the Church of Scotland. That the rights and interests of the Petitioner in the said funds are en- dangered by the administration of the Itespondents, and without the benelit i(i of a writ of injunction to restrain the said Respondents, the rights and interests of the Petitioner and of the said Presbyterian Church of Canada, in connec- tion with the Church of Scotland, and of the members and adherents of the said last mentioned church, will sustain injury. That the said Respondents are immediately about to make payments out of the said funds to divers ministers connected with the said Presbyterian Church in Canada, amounting to the sum of at least ten thoiisand dollars That said [)aym Mits will bi- made on the lirst of January next, and there is an urg.'iit necessity that the same should be prevented and said payments stayed That su<'h payments if made will seriously deteriorate the funds now oo in controversy between Petitioner and Respondents. And I have Signed, DOUGLAS BRYMNKR. Sworn to and acknowledged bel'ore me at the city of Ottawa, this thirtieth day of December, 1878. R. J. WICKSTEED, Commissioner lor taking aliidavits in Ontario for use in Quebec. H 80 Gavin Lano, of the ('ity and District of Montreal, being duly sworn doth depose and say : — I am a minister of the Presbyterian Church of Canada, in connection with the Chui.h of Scotland, and am Pastor of St. Andrew's Church in Montreal, aforesaid. My nam(! is entered as a member of tht Board Kespondents. I have taken communication of the petition in this cause of Petitioiier, and to the best of my knowledge and belief the allegations of fact as therein contained and sel forth are true and correct. That according to the best of my knowledge and belief the said 40 /■J ■ I 1^1 in t|. !ifl t 4 81 1 Coi'poraiioii, li'spondciits, arc illcirally adiniiiistvring' tin- funds in tlieir hands whi.di ar.' trust funds for the h.'Uclil of the I'rcsbytorian Chur.'h of Canada, in ionn.'ction witli ihf Church ol .Si-otUvnd, and that rhf rights and interests of the Petitioner in the said funds arc endangered by iljc udiniiiistration of the licspondcnts. That the said Uespondcnts are inuucdiately about to make another half- vcarly i)aynii'iit out of the said Fund, and said payment will l)e so made on or about the lirst day of January next, and there is urgent necessitv that the same should bi'!»toi)ped, aiul without the beiielit of a writ of injunction to restrain the Said R.-spjiid uits t;he rights and interests ui the Petitioner, a.ul k, of the said Tresbyterian Church of Canada, in connection with the Chunh oi' Scotland, and of the members and adherents of the said last mentioned church will sustain injury. A nil 1 have sigUv-d. trAViiN LAN(i, Sworn to and acknowledged before us at the City of Montreal, this I wenty-cigthlh day of December, eighteen hundred and seveni v-ciirht. .1. S. HlNTliR, Commissioner Superior Court, District ol Montreal. 20 • m- ..' ■■■f 80 The Reverend WiLLi.vM Sl.MPSoN, of Como, in the distri. t of Yaudreuil, heretofore a minister and pastor of the congregation and church at Lachine. in the district of Montreal, under the ecclesiastical jurisdiction ot the Tresby- terian Church of (V lada, in connection witli the Church of Scotland. beiiiL' duly swiyn doth depose and say: — 1st. That he has taken communication of the Petition in this cause, of Petitioner, and to the best of his knowledge and belief the matters alleged as fact in the said I'etition are true and correct. 2iul. That the deponent is one of the original ministers of the Presby- terian Church of Canada, in ..•onne<'tion with the Church of S.otland, who commuted his claim upon the funds arising Irom the Clergy Reservs in the .said Petition mentioned, and ho has a personal knowledge of the i)ro.eedings connected with the renunciation of rights of ministers of the Clergy Reserve Fund to and ii. favour of the IVsbyterian Church ot Canada, in connection with the Church of Scotland. That at the time the deponent so renoujiced his rights to the said Clergy lleserve Funds, and to the Munii''r.s who maintained their •■onnfciioii therewith, and w lio did not rease to he ministers thereof, and it was a distinet and funchvmental i'ondition ui)on whiih he surr. ndered his chiim, and ui)on whieli the othet commutors siirr.'n purposes hereinbefore indicated, and for no other purpose whatever, and to the best ol his knowledge and b.'lief the conditions of the said trust have been violated, and I he allegations ol the I'etilioners complaint are well i'ounded in fad. • And he hath signed. ofi WILLIAM SIMPSON. Sworn taken and acknowledge before us at Montreal, this twenty- seventh day of Ducomber, eighteen humlred and seventy-eight. j. S lirNTHR. Commissioner Superior Court. Distriit of Montreal. ANSWEIJS TO RLE AS. 3(t The said petitioner for answer to the plea (irstly pleaded by all the r<>spondents herein, excejit the Reverend (lavin Lang any tlu'ir declaration herein ma(b». acijuesce in the pretensions of the petitioner, and abide the order of the Court I savs : — That each all and every the allegations of the said plea, save and except in so far as they agree with the averments of petitioners petition, and of (hi. his answer, an- false, untrue, and unfounded in fact; and the petitioner denies each and all of them, and the said petitioner avers. That in eighteen hundred and fifty-two, he was a member of the Church of Scotland, in Seothiiid. and then and there was selocted and appointed by the 40 • 1 ( T m lf;1 i^ I ^ ! (ti ^- :]: L' Churrh of Siotl.iiul, and hy tin- Ri-vcrfiul John ''ook, and lln- lii'vcrciid Ali'xaiidiT Malhi'w.soii. both di'li'yaics of tli,- Synod of I'ru.sbyti'rian ('hiinh of Canada, in •■onni'ction with ihc Ctuii'.h of Scothind, and of (he " ('K'ri,'y Kcscrvcs ' riminiissioncrs as a niinislcr and niissionary from the C.'hurcli of S'"olland to its i-onn>'«tion churh in Canada. That th' I'rcshylTiiUi Chuvih i>f Canada, in idimcition witli thu Chur>h of Si'othmd. and th'' niiiiislry thfr.'nf I'riMjucii! ly and at divers times from oii^hleen hundred anorled bv ih" Chureh of Seotland in Senilaiid. l)y enutribmions in money, and wei" durini,'' saitl period re^'otrni'/'d at divers times and a'knowf'd^' 'd to be the Churi'h "f Seotlaml in Canada bv llie (Jeneral Ass -mbly of th" Chureh of Seotland. and its Colonial Committee l)y ilie lmi)erial and I'roviiieial Parliaments (vide Imperial Statutes tliree and I'nur Vieioiia Chap, seveuiv- I'iu'ht) and bv the ."synod and repre.sental i ve.'^ of the Synod of the said I'resby- lerian Chureh of Canada, in eouiieeiiou with tlie Chun'li of Seotland. That it Tvas only by reason of the identity ,i|" iIm' said last meiilioiii'd ehureh with the Chureh oj' Seotland in Seotland. to wit: — one of the eslalt- lished ehurehes oi' the I'nited Kini^nlum of (treat liiitain and Ireland, that tho said Presbyterian Church of Camula. in eomieetioii with the Chureh ol' Seotland became, ami was entitled with the Chunli of flnijfland and its ministers, to share in the proceeds of the " Cleri;"y b'eserves " in Canatland. That in and i)revious ti>tlie vear eiehteen hundred and lilty-live the peiitioiuT was personally entitled lo receive his proi»ortion'ite share in money of the proceeds of the ' Cleru^y K'eserve> " in Canada, which said sum at th said I'l'i'shyii-rian ("hun'h of Canada, in lonn" lion with thf <"linri li id' Sfotland, to ctTtain nihrr ri-lii^iou.s dcuonii- nalions. to wit, t lit- Canada rn'.sbyt-'i ian Chudi, thf Cliunh t)l' tin' Maiitinu' I'rovinii'M in -•imn.'. lion with thi- Chunli ol" Si'otland. and the i'n'.sbylc'rian Church •>!' tin- Lower Trovinrcs. That at said ini'''tini>' ol' Synod the pftilionrr proic^ifd in tlu' Ibrniij lo pivs •ril)i'd by the Syni>d ol lh<' said i liurch in suih tascs, as will appear i'roin llu' niinuli's thfrcol'. and ilid proi.'si notarially, by the ministration oi Chark-.s Cushiny. iisquiro, Notary I'nblir, ajfamst said sL'ttssion. and llu' ronsuuunation ol' a uni(Mi bt'twt'on tin* I'rcsbytfrian Church ol" Canada, in connection with ihu Church of Scotland, and said other relijrious bodies, copy ol' which protest is ln-rcin I'ylcd ; yet nolwithsiiindinii' the Miid protest ol j»eiitioner. the personal respondents aiKi divers others, niinisiers and elders mentioned in the [leiiiiun her -in, (ju the lil'teenihdav ol' . I une. departed I'rom Saint Paul's Church and went to another building in the haid City of Montreal, to wit, to the Victoria Skalint^ Ivink, and there united with the .said Canada Presbyterian Church and od said other badies ; but petitioner and divers others, ministers ami elders, on said last mentioned day, remained in .'«aid Saint Pauls Church, and there con- tinued It'i^ally and retj-ularlv the pro.eedin<^s of said Svnotl n| .said Presbyterian Cluirch of Canada, in conne t ioa with the Church of Scotland, and duly adj >tirned, and have since reyularly met and carried on the business ol' the said Synod of the .said church until th.- present tinn-, and since the said lifteeiith ol June conliniiously to the present lime, the said Presbyt.-rian Church of Canada in connection with the Church ol Scotland, lias continued its existence and organization in connection with the Church of Scotland as previously, and is now ideiitital in standard and belief, in church trovernmeiit. and in ev»'ry other gg respect with the said Presbyterian Church of Canada, in connection with the ('hurch of Scotland, before the lifteeiith dav ol June, eiirhteeii hundred and 8PVcnty-five, and is in fact the same Church. That the Synod of the Presbyterian Church of Canada, in connection with the Church of S<;otland, has no power, and never had power, either by rv'solution or otherwise to all'' t the livil rii>hts of petitioner, and the sai itsfll righlH ol routrol vvhicli it tliil not uiul I'ouUI ii<»t possfss, or to olmngo or vary tin- toruiN of a trust ri-^uliitcd by (^proNH 8tipulutioii8 made by th<- perisoiiH <'onNtitutiiig it. Tliut th<* Corponitioii, K«.'spoii«l*'iits, WiTc uiul nrc bound toudtniiiiHti;r the I'undN under ihoir control, in atcordaiu't* with thi- tundunicntal I'onditioiiH prt'siribi'd by th»' potitioniT, and tin- otlier conNlitui-ntM ol' the trust, and in aciordanci' with thi' provisions ol' the Act of Parliunifnt of Canada, (twenty- B.'cond Vic. Chap, sixty-wix). That the said petitioner by reason of his muintainin^^ liis conneetion lo witli the said Presbyterian ChunFi ol Canada in ronnection with the Chunh of Siotlund, and by reason of liis not beinjf a member of another l)ody, to wit, Jje Presbyterian Chunh in Canada, under and by virtue of the uneonstitu- t^ional legislation obtained by the respondents, and referred to in their plea, has been deprived of the right to assist in the administration, and to have a voiet! in the control ol the siiid lund That the ministers and members of the said Presbyterian Church of Canada, in connection with the Church of Scotland, to wit, the personal respond nts and others mentioned in the petitioners petition, who seceded Irom the said Presbyterian Church of Camida in connection with the Church •>(( of S;otland, ou the lilteenth dav of June, eighteen hundred and seventy-live, and beiiaiiie with others absorbed into the Canada Presbyterian Church, are in precisely the same position as regards the right to participate in the benefits and revenues arising from the said fund, as were the seceders from the said Presby- terian Church of Canada, in Connection with the Church of Scotland, who in eighteen hundred and forty-three, and eighteen hundred and lorty-four, left the said church and formed themselves into a religious association called the Presbyterian Church of Canada, adhering to the same standards as the Presbyterian Church of (.'anada, in (•onnection with the Church of Si-otland the ministers of which latter bodv. to wit, the Presbvterian ('hirch of Canada were declared by the law ollicers of the crown to have forfeited their rights, and to be ineligible to participate in the benefits to be derived from the said "Clergy Reserves " and their proceeds. That the terms of the ajrreement entered into by the petitioner and the other commuting ministers in eighteen and fifty-five, with regard to the constitution of the said permanent endowment fund were expressly framed to prevent seceding ministers from being eligible alter secession to participate in the benefits arising from the said fund, and to preserve the said fund solely and only for the benefit of those who maintained their conuection with the Presbyterian Church of Canada, in connection with the Church of Si-otland. 40 ao i ■ 1 , .* [;■ Thill tht' rif-'ht to parti, ipatr in ili.- ■ (,']. rgy lifsfrvi-s "' \va« granted and (■un(fd«Hl to the I'rosbytt'riau <'liiu( li ul Canada, in connection with the Church oi' Scotland, on the ground that liie said church was idi'iiti.al with, and the only representative in Canada ul the Church ol' Scotland as an Kstablitshed Ciiurch ol' the United Kingdom. That petitioner does not lease his claim to receive his allowance of lour hundred an;ada. in .'onnection with the Church of Scotland, but the said Presbyterian Church of Canada in coniUHiion with the Church of Scotland, and the said three uniting bodies diiler with each other in standards and matters of belief, and it was. and is, impossible that the said united church could be id-'iitical with all and each of th.'ui. and the said Presbyterian Church in Canada is not identical with the said Presbyterian Church of Canada in connection with the ''hurch of Scot- land, which latter church has now, and has since eighteen hundred and thirtv- one. a seperate and distinct ecclesiastical and civil existence, and petitioner expressly denies that the Presbyterian Chun^ of Canada in < onnection with the Church of Scotland, now exists under the name of the Presbyterian Church ill Canada, as falsely alleged in respondents' plea. 10 20 30 40 M ^:^t! .■■■»■.' ■•■ .1 i I I ' "i WhtTelorc thi' siiid pt'tilioiitT porsists in tin- allejfations and i-ouclusionB it[' his {xUition i'ylod in this niatUT, and prays that th«' said j.loa bf hcnro dismissed with costs distrails to the undtTsignod Attorneys. MoNTUKAi,. April 12th, 1H7!). MACMASTEH. HALL & UREENSIIIELDS. Attorneys for Petitioner. n ADMISSIONS OF THE TAllTIES. To save costs the IVtitioner and Respondents pleading hereby admit: — That the printed ollicial minutes of the Acts and proceedings of the lo Synod of the Presbyterian Church of Cannda. in connection with 1h»' Church ol" Scotiaiui. from tiie year 1S81 to the year IHT;"^. both inclusive are to be fouiul in the three volumus of books iiled by the I'etitiouer iu this cause on the tweiity-lirst day of March last, each of said books been marked " IMMl." 1. The said liespoudeuts pleading contending that the said Acts and Proceedings end at page marked " A " i'Mhe volume endorsed from K^7i> to 187"). whereas the Petitioner contends that said Acts and proceediuys in so far as contained in said book " IMVH." from 1870 to 187;'). end at page 125 of the •Acts and Proceedings of Synod lor June. 187o. and the said parties consent that the said printed Acts and Proceedings do avail as leu:al proof in this cause, in 20 the same nnmner and to the same extent as il the said acts and proceedings of said Synod had been regularly proved by the production and prooi' therein of the original minutes, the whole in so far as the said minutes are ndevant to the i.>?sues in this sause. 2. That Petitioner's exhibit ' E.E." Hied on the said 21st day ol March. 1879, is an ollicial printed I'opy ofthe acts aiul jjroceedings of the lirst G^eneral As.sembly of the Presbyterian Chunh in Canada, and the said parties consent that till" said printed .\cts and Proceedings do avail as legal proof in this cause in the same manner and to the same extent as if the said acts and proceedings of the said assembly had been regularly proved by the pioduction and prool 80 of the origional minntt>8, the whole in .so far as said Acts and Proceedings aie relevant to the issues in this cause. il. That the book lileotland, he was subsequently, to wit : on the 7th day of October. 1853. ordained and inducted as a minister into the charije ol the church at Osnabruck. in the presbytery of Glengarry, in the ](( Province of Ontario, under the ecclesiastical jurisdiction of tht' Presbyterian Church of Canada, in connection witli the Church of Scotland, and that the Respondents Exhibit No. 8, is a correct extract from the records of the Presby- tery of Glenj^arry. referring to the said ordination and induction. 4. That the book filed as Petitioner's exhibit " L.L." on the said 21st day of Maich, 187!', is the ofiicial i)rinted digest of the minutes of the Synod of the Presbyterian Church of Caiiada, from the lirst meeting held at Kingston in July, 1844, down to the year 18t!l both inclusive; and said parties consent that the said printed digest have the same etiect, and avail to the same extent for the purpose of this suit as the original of the minutes contained in said 20 book would do if produced and duly proved in this cause, the Respondents reser^'ing their right to object to the relevancy of the said book •' L.Jj.' to the issues herein. 5. That the copy of the Statutes of the Legislature of the Province of Ontario, printed on pages 104, 105, 10(5 and 107 of the acts and proceedings of said Synod, of the Presbyterian Church of Canada, in connection with .the <'hrrch of Scotland for 1875. contained in said Petitioner's exhibit "15.H.B." is a true copy of tht- statuti' of which it purports to be a copy, passed by the Ijegislature of the Province of Ontario. G. That the said Petitioner was one of the ministers of the Presbyterian 30 Church ol Canada, in connection with the Church of Scotland, who commuted his claim to an annual allowanc*' (that he had a right to<-laim by virtue of the secularization of the Clergy Reserves, and under the authority of the Act: 18 Vic. Cap. 2, and the other acts relating thereto) said commuiation being upon the terms of the resolutions passed by th«' Synod of said Church, on the 11th day of January, 1855, hereinafter set out in the next lollowing admission. 7. That the allegations contained in the following portions of the Petition- er's petition are true, to wit : — (a) From line 43 on page 2 down to an. A 89 ' That l)y Acts oi' tin' Iinpcriiil l'arliam<'m ol' Gn-at liritain, atid nl iht- •• Impt'rial Parliamt-nt of fho United Kingdom ol Orcat Hritaiii and Irt-land. '• thf Sovcifiyns of (Ircat Britain and of the United Kinifdom of Groat Hritain • and Irt'land. were cm powered to authorize the Governor, or Lieutenant-Gov- •' ernor. of earh ol the then T'rovinces oi Upi>er and Lower Canada, respectively, • to inak<' from out of the lands of the Crown within the said Provinres " respectively such ailolmt'iit and appropriation of Lands, as therein mentioned. '• for the support and maintenance of the Protestant Clergy within the said •' Provinces, and to apply the rents, profits and emoluments which might at •' any time arise from such lands, so allotted and appropriated, solely for the lo •' maintenance and support of a Protestant Clergy within i c, ■ Piovince in •• whiih the same might he situated, and to no other purpos.' Atcver. " That suhsetjuenlly thereto, in pursuance of the saul A.ts, certain lands " of the Crown were from time to time reserved for the puri)oses mentioned '• therein, which said lands vveie known, and were and are commonly desig- '• nated. hy the name of the • Clergy Reserves.' " That the Governor. Lieutenant-Governor, and Administrator of the •• heretofore Provinces of Upper and Lower Canada, respectively, wen' empow- " ered with the consent of the Executive Council of such Provinces, resi)ec- • tively, and in pursuance' of Her Majesty's instructions, to sell and convey a oa "part of the said -'Clergy Reserves ' in each of the said Provinces, and to " invest the proceeds of such sales in the Public Funds of the said United ■ Kingdom, and to appropriate the dividends and interests of the moneys .so • invested for the supj)ort and maintenance of a Protestant Clergv within the •• said Provinces, solely and to no other purpose whatever. • That by anotlu>r Imperial Act the sale of the entire Clergy Reserves •' in the Province of Canada, and the investment of the proceeds of such sale, ■ and the distribution of the interests and dividends of such investment, •' subject to certain conditions, were authorized for the purposes hereinbefore " mentioned. gQ " That by another Imperial Act the Legislature of the heretoiore Prov- ■ ince of Canada was authorized to dispose of said Clergy Reserves and to " make such investment of the proceeds thereof as to the said L'»g'sla.uie '■ might seem meet, .subject to the proviso, that it should not be lawful "or the '• said L'gislature of the Province of Canada, by any Act or Acts ihereoi' as • aioresaid. to annul, suspend, or reduce any of the annual stipends which h.;d, " previously thereto, been already assigned and given to the Clergy of the • Churches of England and Scotland, or to any other religious bodies or denom- •' inations of Christians in Canada (to which the faith of the Crown was • pledg.'d) during the livis and incumbencies of the parties then receiving the 40 n iv ..J I .1 I < f* l---\: . vi: 40 ■ saint', or to iii>pr<)priuti' or app'v lo anv uihrr purpo,s • any part of the said '• proi'»'('(ls. inv<'stmt'nts. intcrt'sts. divid'Muls, hmiIs and prolits that inisiht l)e '• r»'(juirt'd lor thr payni*'iit of the stipends iind allowant is due or a('(ruin<^ o •' tho CliTtcv of the said Churches of I'Inuhind ana ■ Fuiuls, the money forming the said Funds, or that had previously arisen " therefrom, should he paid into the hands of the Receiver Gener.il of the " heretofore Province ol Canada, to he by him applied according to tlie pur- ■ poses of the said last mentioned Act. " Thai 't)V vir.ue of the said last mentioned A« t, the annual stipend ind " ullowaiue which had i)een. before the pa,ssing oi' the Act of Pa-liamein of ■ the United Kingdom, in the sixteenth year of Her Majistys reign, assigned " or givi-n to the clergy of the Churches of England and ol' Scotlanyterian Church oi' Canada, in connection with 20 the Church of Scotland, was duly summoned for the purpose of takins.^ such steps as misrht be neces.sary to enable the said Synod and the members thereof to take advanta^j^e of the commutation clauses in the said Act of the Le<;isla- tur." of Canada. 18 Vict. Cap. 2, and the .said Synod dulv met and (h'termined and decerned as set out in the minutes hereinafter cited, in the City of Montreal, on the tenth and eleventh days of January, eighteen hundred and lift y -live. ■• The follovviiiLr is a copy of the rroceedinys of the Synod, extracted from its official n-iords at pa•' g' ration lollowing ; ' the Synod of the rresbyterian Church of ■ Canada in connection with the Church of Scotland met /tm re nnia, aiul wa8 ■ constituted with prayer by the Moderator, the Keverend James William.son, • A.M.. sederunt : Mr. James Williamson. Mod.-riitor ; Mr John McMurchy, ■ Mr. Johji Ikivlay, Ur. Alexander Mathieson, Mr. Jann-s Ander.son, Mr. James ■' C. Muir, Dr. John Cook, Mr. William Simp.son. Mr. Alexaiuler' Wallace, Dr. • Itobert MiOill, Mr. James T. Paul, Mr, Thomas llaiii'. Mr. Archibald 11. Mil- • ligan. Mr. John McDonald, Mr. .lohn McKenzi.-, Mr. Hugh Urquhart, Mr. •John iVIcLaurin, Mr. Thomas McPhtison, Mr. Kiieas McLean, Mr. Doiudd • Munro. Mr. Thomas Scott, Mr. Aiulrew Hell, Mr. Robert Dobie, and Mr. John o,> • White, Ministers; together with Mr. Alexander Morri.s. Mr. John Thomp.son. • Mr. Thomas A. (ribson and th(' Hon. Thomas McKay, Elders. " The Moderator laid before the Synod a requisition whidj. had been ' addressed to him, calling on him to summon a meeting of the Synod; also a ' copy of his circular calling the present meeting. The jsame were read as ■ follows : — •■ QuiCBKC, 1 1th December. 1854. RrcvKHiiND .\ND Dkar Sill: " { beg to intimate to you that it is the opinion of the Committee of Syi od api)ointed to watch the progre.ss of Legislation in respect to the 30 Clergy Reserves, that the Hill introduced by Crovernment, having now passed both llou.si's of the Legislature, it is desirable that a meeting of Synod should be called as early as possible lor the purpose of taking such steps as may be necessary to take advantage of the commutation clause in said Bill, and in the name of th«! Committee I beg very respeotfully to request that you will call such meeting at the time and place you think most convenient. I am, Reverend and Dear Sir, " Your faithful servant, " (.Signed), JOHN COOK. 40 1. ..f I l::i\ r^ 1!.;=; f ! 1 r ■ '■'. '.' I*'""' 1, ■■. '■■' i:. t ','' l:i 11- •^i^: J t $;i 48 • Wo, ihc uiidtMsignod. hficby Churcli will admit. ALEX. MATIIIESON. IIOBKKT McOILL. •■ (Signed), " (Signed). " The Reverend, " The Moderator of the Synod of thf " Tresbyterian Church of Canada, '• in conneetioii with the Church of Scotland. " KiNcwTON, :jt)th Di'cember, 1854. • Revekknd and Uk.\u Sir: 10 • In comi)liance with a request addressed to mt- by the Convener and • othi'r members of the Committee appointed to watch over the progress of ' legislation in respect to the Clergy Reserves, to call a special meeting ol' • Synod as early as possibl(> for the purpose of taking such steps as may be ■ necessary to take advantage of the commutation clause in th<.' Act which has • lately been passed by the Provincial rarliament. I have now to intimate to ' you that a special meeting of Synod will be held in St. Andrew's Church. • Montreal, on the 10th January. 185;"), being the second Wednesday of the • month, at half past six in the p.m. " I am. Reverend and Dear Sir. 20 ■• Yours laithfuUy, '■(Signed)," JAMES WILLIAMSON, " Moderator. • I'. S. — It has been thought by several of my brethren with whom I • have i:onferred on the subjtMt, and I concur in the opinion that, in the ('ir- • cumstances of the case, Montreal is, on the whole, the most suitable place lor ■ the said meeting of Synod on this occasion. '• The Synod unanimously agreed to approve the Moderator's conduct in • calling this miHjting. " The Synod then called for the report of the Committee appointed to •''^* • watch over the interests of the Church in regard to the Clergy Reserves, • which was given in and read by Dr. Cook, the Convener, stating that the • Bill for the Secularization of the Clergy Reserves, which bad been intro- ■ duced into Parliament by the (iovernment had been carried in both Houses. • and assented to by the Governor-General : — That it contained a clause secur- • ing to all Ministers settled pn'vious to the 9th May, 1853, the date of the ' passage of the Impurial Act, payment of their salaries from the Clergy • Reserve Fund during their lives or incumbencies, and at the same tune au- ' thorizintr the Government to commute the claims of incumbents, with the ,, '• consent of the parties and bodies severally interested, and that the Committee, 1-^ ■:V'r: 44 ' for reiisoufs which they stated, had not tonsidfrod it .-xpcdii'iit in iiitiTffiv in ' any way with tho passinsr of tho said Hill, but feeling assured from many ■ considerations that it would be lor the benefit of the Chunh to take advan- ■ tage of the -onimutation .huise of the Act. liie Cammittee had requested the Moderator to call a /iro re wild meeting of the Synod to take the matter into considtfration. &nd make the necessary arrang-Muents : and the Committee further and at great length recommeuded that the Synonduh of Canada, in <-onnec- tion with the Church of Scotland, spe.ifying the names aiul ages of such persons, the annual amounts of their allowance, and through whom it is 40 f lifi 1.1* hi hi] lit i, ^ ' ' 'nce in procuriiiii' as soon as possible the whole of the recjuired informa- !( •' tion, anil ill I ransmittiny to tile <;overnment the list ol iiieumbenis up to ■• the nth ol' May. iS."):). to lil:rnish at the same time the names .)f those siiiee • put u[)on the roil as ha\ iny iu tlic estimation of the Synod, claims ui)on the •• I'und. • Tlic Comniittee appointed y.-sterdav to arrany-e measure- lor the con- •■ sideration (d' lii • Synod reported cciiain resolutions, which the Sviiud pro- •" cecded to discuss al 1. .lu'ill. • Tiie Sviiod havinu- lieard the rcpori of the Committee appoint»'d by ■ the Svnod to walcli ovir t'le interests of the Church, in so far as liiese niiu'lit " be alieced l)y ih- action oi' the l.;'L>'islalure on the Cleruv li'serves. and also i';. ■■ the verbal r.'p.)ris of sn 'li members of the Commitfe,' as had bi-eii in com- ■' munication wiili members oi tiie il,)vernm'nt o.i i li ■ subje. ;. — ,(,id. havia'>' "seriously and maturely considered that clause of the t'lerti'v Reserves Act. ■■ lately [)assed by the Provincial Parliament at its |)resent session, by whiidi •■ Ills lixcdieii y tile (rovernor in ('omicil is authorized, with th" consent of ■ the parties interested, lo (onimute ihc salaries or allowances ol ininisieis • chari>c'able for life or durinn' their incumbencies ii the Cleryy Reserves ■• Fund, for their value in money,— Uesolv»'d, •• 1st. That it is desirable that sueh eommutii io:i. if upon fair and •• liberal terms, should be ellecied ; and that t lie Rev. Alex. Mathieson. 1).])., of'*' • Montreal, the Rev. John Cook, D.D.. of (^uebe.-, Hugh Allan. Ksij., of Mon- • treal, John Thompson, l','s([., of (Quebec, and the lion. Thomas McKay, of ■ Dttawa Ciiy, b." the Synod's Commissioners, with full power to give the ■ formal sanetion of the Synod to such commutaliou as they shall approve, the ■' said Conimi.s.sioners ludng hereby insiructed to use their best exertions to '• obtain as liberal terms as possible; the l\ev. Dr. Cook, to be Coiivein'r ; three " to bf a quorum : the deeision of tlu' majority to be liiial. and their ibriual " acts valid ; but that sueh formal sanction of the Synod shall not be given ■' except in the ease of Ministers u ho have also individually oiveii them, the 4(1 ■ said Commissioners, power and authority to act for them in the matter to •i: l^t- 'i ■ f In' I .'*»■•. 40 ' ifi'aiU iu(juittaint' to ihr (Jov«'niint'nl for their claiins to salary [to which th»' ■ failli ol' th(> Crown is ph'dsfod] ; and to join all sums so obtained into one ■ Kund, which shall he held by Ihcni till the next meeting of Synod, by which all further reguhilioiis shall be made; the following, however, to l)e a • fiiiidiimental |)rinproved by ■ the (lovernment and by the Synod, which it is necessary you should sign • and forward to Hugh .\llaM, lilsq., Montreal, without delav, — in order to our " obtaining a commutation of Clergy Reserve money, which will be advan • tageous to th(! Chun'h. .411 the Ministers prest'iit at the meeting of Synod 30 " in January, agreed to commute, aiul the Ministers of the Church of England " have unanimously signed similar powers to those now forwarded to you. ■• The fundamental conditions contain»'d in the minutes of the Synod. • held at Montreal, on the 11th January, 1855. which are alluded to in oiu' of •' these powers, and which by the terms of the said minut«'s. it shall not be " competent for the Synod at any time to alter, unless with the consent of the ■ MinistiTs granting such power and authority," are first. ' That the interest ■ of the Fund shall be devoted in the first instance, to the payment of salaries • of £112 10s each, to such Ministers, and that the next claim on the Fund •' shall b«' that of Ministers on the Roll of the Synod, and who have been put 40 ir: 1. I 1 'i :t- « 48 ■ ..M th.- Synoir.s Roll .mm, .• iholMh May, 18j;{;" uiul, s,.c.>ml, '• Thiil all imtsoiin •• who havi' a .laiiu t.> sii.li htMU'lits, shall !>.' Miiiist.TN ..f th." rn'Nl)vt»'riaii '• Church of Canada, in .•()iino<'tioii with ih.- Chuivh ol Scotlaiid. and shall " ft'as.' (0 havf any i>.' Miiiislors in <'()nii.Mtion with • tht' said Churrh " • or lh<-s<' coiidilions it is pivsumi-d y(»u will approv.'. and 1 havf thf ■ satisfa.'tion to inloiin you. that on th.- Ifrnis proposed hy tht- (Jovcrnint-nl. •• and to whii'h ihi' Coininulatinn Coniinitti'i- art- |»rcpart'd to agrcf, as soon as • tht'si> powers arc nMciv.'d jroni the Ministers of the Church, it will he • certainly possible to comply with the lirst condition, in so far as respects ]o • Ministers settled before the !tth May. 1 «.'.:{. and preserviiiir the capital, to " secure to I hem. from the int<'rest. salaries of fill' ^fls. for lile, or iiicuin- • biMicy. And it is. therefore, earnestly oitrealed nat there may he no " hesitation or delay in sig-nini^' ai:d forwarding these powers. '• I am further instructed to call your attention to the followinir • Ri'Kolution. passed unanimously, at the last meeting of Synod: — '• That all ministers he. and they are hereby enjoined and ontri-ated. (as •' to a measure l»y which, under Providence, not only their own private ■■ interests will be s,' 'urcd, but permanent endowment for the maintenance • and exti'iision of Religious ordinances in the Church.) to grant sucJi .,/. '• authority as is necessary to ell'ect a commutation, in the fullest manner. " thankful to .Almighty (Jod. that a way so easy is open to them ior conferring '■ so important a beuelil on the Church " Not doubtintr that you will conom line 33 o)i said page 11 down to the words ' should be made " on line 10 of page 12, with the exception that the said Respondents do not admit tho words "and the said Petitioner has nevtM' done anything to forfeit 40 ■I t I ! ! '* :] ;^ 41» liis riifhi lo |)iirli( ipatf in the Niiid Kuiid. or in tlif prorfcdN. {>riilii> or rt'vciiiK'.s lilt .M»r," iM'iiiif us follows : — • Tliiit nil iiikI since tht' ninth of May, <'is;"liit' ii Inindicd and firty-lhrcf, till' I'i'lilioiicr was cntillcd to (he ln'iii'lils dcrivahlc frotr, tin- procfcds ol'lhc saiil (Mfi'uy U't'scivcs. (lln' whol<' as pmvidt'd) under the s;iid Imperial and I'rovineial Aets relating thereto, [KV'spondents, howi'ver, iiileL'iu'^ thnt since 187;'» sai-hteen hundred and iifty-live, t!ie annual value of Petitioner's stipend and iillowaiice, forming a life claiui pavahle to him hy and out of said sums, amounted to the sum of one liu:"'>"ed atid lifty |)ounds curren< y per aiiiinin, and the said Petitioner has never done anything to lorfi'it his right to participate in the said I'uiid. or in the i)roceeds, proiits or revenui's thereof. " That during the year eighteen hundred and Iifty-live, and alter passing of the .said res(»lutioiis l)y the said Synod, the said Pel.itioiier did .)() eominute the claims due to him as aforesaid, with the (loveriimeiit. hy and through the said Commissioners, upon the conditions s»'t out in siiid re.solu- tious. ami till' said I'etitioner did thereby consent to renounce his personal rights in the said Clergv Reserves, aiul in the proceeds thereof [as herein- belore set forth] in favour of the said Presl)yterian Church of Canada, in connection with the Church ol Scotlaiul. and did consent that the amount of the capital sum due and to accrue to him, should be Joined wiih the amount due and to accrue to other Ministers of the said Church, and that all sums thus obtained should b(> Joined into one fund, which should be lield in Trust by the said Commissioners, in the said resolution named, till the meeting of 30 the Synod next ensuing, by which all further regulations should ])e made. {d} The following allegation commencing on line 33 of page 12 of said petition, and enmmutation claims of the " Ministers upon the Clergy Reserves, (as hereinbefore set forth) exclusive of •' all other Contributions to it, amounted in eighteen hundred and fifty-five to •• the sum of jEI 27.448 5 0." (e) The last paragraph of said page 12 eommencing with line 41 and ending with line 47, both inclusive, being as follows: — '■ That afterwards, an .\ct of the heretofore Parliament of Canada was 40 M I i ■ . 1. I ' i h '■■* m iH oO • passed (2*2 Vic, Cap titj) t(i iiKoiporalf a IJoard for the maiiagt'iiu>ni ol' ihc ' said Fiiiul, aii2, at p.ir value aicordiny to statement datid l.st Mav, 1875, as set out in the Acts and ProcecdinM-.s of the Synod of the said Church for 1875, in appendix " A." !>. That an .\ct was passed by the L 'gislatiire ol the Provinei' of Quebi-i (38 Vic: Cap. (i4) assented to on the twenty third ol' I'ebruary, eighteen hundred and seventy-live, entitled .in act to ami'iid thi> act intituled: • An Act •• to incorporate thi' lioard for the m-inageinent of the Temponilities Fund of • the I'resbyterian Chunh of Canada, in (H)nnection vith the Church of Scoi- '• land." and providing for the administration and distribution of the I'unds -j^ held and administered under tho act of the late Province of Caruula (22 Vic: Cap. Gtl). 1(1. That the said Petitioner Dobie has since the year 1858. resided m the Province of ( )ntario, heretofore previous to the confech'ration of the Provinces known as that pari of tlii- Province of Ciinada designated Upper t'anada. 11. That the number ol ministers who had claims upon the said fund at the date of commutation was seveiity-lhree. 12. That the domicile of thesaid Hoard liespondenis and tlieir principal place of business is and always has bei'ii the City of Montreal. 13. That the notice in conformity with .Section 10 of the Act of the 30 Quebec Ijegishiture being 38 Vic. Cap. 1)4, intituled, ■ An Act to annMid the -Vet intituled an At t to incorpor;ite the Hoard for the management of the Temporalities Fund of the Pres})yterian Church of Canada in connection with the Church of Scotland," was published in the Qiiehec Oj/iridl (!(i2iiUe on ih^' 19th Juiu', 1875, as appears by the ropy of the .said Offinal Uuzetlt. fyled by the Respondents as their Evhibit No. 32. 14. That the preamble, basis and articles of tht' union of the 15th day of June. 1875. mention»'d in Respondents pleadings are to be found in the Acts and Proceedings of the Synod oi the Presbyterian Church of Caiuida in connection with the Church i»f Scotland for the month of November, in the 40 'V- if. I : 1 ; ii .61 yoar 1874. nt pagi-s and on pages 4. > and ti of ^uid Potitinn^rs lixhibit 'EE." and th.- parti.'s .ons.'nr thai tlu' said printed copy of said preamble, basis and articles ol the .mion hav.- thesame effeet and avail to (h.- same extent as if the originals had been produced and dulv proved in ihi> cause, the l>etiti(merde.larini.- that the whole is mad.^ without prejudice to the pretensions ol' th.> said Petitioner with respe.t to the effect of the said union upon the Presbyterian Church of Canada in .onnection with the Church of Scotland, and upon Petitioner and the other Mini.sters of said Church who did not join said union, and without prejudice to P.'litioners pn- len.sions that the Presbyterian Chur.h of Canada in .onne.tioj. with the k, Church of >'cotland has .ontinued .s'nce 187o and now exists as a distinct religious organization, ihe whole in so far as .set forth in the pleadiniis in this cause. 15. That the printed pamphlet fyled in this cause by the said Hoard Re.spondents as their Ex libit contains a true .(.py of the .\ct of Incor- poration of the said Board and of its By-Laws, and of some ol its resolutions adopted by the Syncd of the said Presbyterian Church of Canada in .-onnec- tion with the Church of Scotland, and the parties .-onsent that the said l)riiited copies of Hy-l.aws and re.solutions do have the same effect and avail to the same extent as if the originals had be.'u produ-^ed and duly proved in this cause. 16. That the Reverend Robert J)obie m.iitioned in tlu- Acts and Proceedings of Synod fyl.-d herein is the Petitioner. MoNTRE.^J., 2»)th June. 187!*. (.Siffned.) M ACM ASTER. HALL .V CrREENSHIELDS, Attorneys for Petitioner. (Signed.) JOHxN L. MORRLS. Attorney for Respondentu pleading . 20 m U,.., 30 ^^ FIRk .52 E V" I ID E IsT C E . VI .. 'I Rev. Gavin L\N(J. of tho City and Distrirt of Moiitmil. Mini.sL'r. aift'd forty-threo years, a witiicss jM-odueod on tho part of the Pctitionfr, this (wi'iity- lifth day of Jniu', eiufhtofu hundred and sevtMity-nini'. who being duly sworn deposeth and saith : — Question — You are one of the Respondents in this .ause ;• Answer. — Yes. Question. — I believe you have fyled a deehuation aecepfinfr thi- judg- ment of the Court, whatever it may be f Answer. — Yes. Question. — You have not contested the petition f .\nswer. — No. Question. — You are the minister of 8t. Andrew's Churrh. Montreal ? Answer. — I am. Question. — How long have you been a minister of religion { Answer. — About fifteen years. Question.— In connection with what Church did you become a minister { .,^ Answer.— With tlie (Uiurch of Scotland, in Scotland. Question.— Were you ever ordained a minister of th.' Church of Scot- land in Scotland f Answer. — I was. Question.— How long did you act as a minister of the Chtirch of Scot- land in Scotland ? Answer. — About six years. Question. — What was the occasion or cause of your ceasinjr to act as a minister of the Church of Scotland in Scotland ' Answer— On receiving a presentation to St. Andrews Church. Mont- 30 real, in the year 1870. Question.- Have you been since continuously a minister of the Churrh of Scotland ? Answer. — I have. Question.— When you were presented to St. Andrew's Church, Montreal, what ecclesiastical organization was it i-onnected with? Answer.— The Presbyterian Church of Canada, in connection with the Church of Scotlond. • Question.— And has St. Andrew's Church remained in connection with the same ecclesiastical organization continuously since ? 4© a lit V'' ^ n:i Answer.— I hi'lievc so. '20 Que«tio,..-IIave vou remain...] a miuisl.r of rh. Pn.,sbyt..rian Chunl. of (.na,la..n ..oun...<,ion with flu- Chun-h of T.otlanu. .ontinuouslv .sin... your i)r..,s..nlation to St. .Indrew's Chunh in 1S7(» ? Ans\V(.r.— I havo. Qu.stion.-You an. .still a miniMer of .l.o IVsbv.erian Chur h of < anada. m -•onnt-.-tion with ih.. fhur.h of S.'otlanU ? Answ(.r. — Y»..s. Qu,.,sli„u -V„„ a,v „u.u,. llmt i„ .(,„„.. ,»-:,, „ „„j„„ „.,^^ y -'■■•' -H,,,,, „l ,h,. „„.,nl„.r» ,„• „„. rr,.l,y,..H„„ Church „f Oa„»,: ,.„ . ,„ 'l"''a,„.la |.r,..,l,v„.,.,an (■h„r,.h.,h„ Chnnh .,r ,h.. Man.hn.. IVovin,," , =:'.■::.:,::::';'•■ *' ■" '"' "° ' " ■■-''>'-^- ^-" •"■ -h' Answer.— So I wa.s inlt)rin..(i. Qu.^iion.-What wa,s the name that this amal.anKit..cl h.,dv took -> Answ,.r,-I beli,.ve it was ealled the I're,shvt..rian Church in Canada Que.l,on.-At .h.. tune this ani.>n was a.tuallv hr..un.h, about von were ab.sent fr.>m the ...mntry I believe ^ ' 't»'mt. >on Answer.- Yes; I was in S.-otland Answ..r -About thr.... or four months afterwards Qu..stion.-Xotwithstandini. thi.s union, when vou r..turn..d to Can.ul.^ ^.liur. h ol ( anada, had anv exist.-n.-.. in thi.s .ountry ' Answer.— It had. C^UM a ,n .onne. ton w.th th.. Chun-h of Scotland, unite wtth th.. new bodv the 1 resbytcrian Chun.h in Canada :* Answer-Yes; I beli,.ve so. I have been told so Answer. — No. the oUnnin.W ""^'r T" '""' "" '"^''^ ^^^' ^^"^^^' '^ '-"-d"-ble numb..r of th. ..Id mnnsters actually as.so.iated themselves with the new body ^ Answer.— Yes ; 1 bt.lieve so. ' yu.>stio„.-Since the ir,th of June. 1875, has the Presbyterian C^huroh 40 ;:!0 >:l 54 Answer. — Y»'h. QiU'stion. — Under what name ? Answer. — Under the old name. Que.stion. — Has it kept up its Prosbyteriev Synods and i,'eneral <"hnreh urj^anization as previously ;• Answer. — It has. Questioji.— Have you any doubt now about its having, and having had since the l')th of June, iHTo. a distinct organization ? Answer. — I have no doubt. Question.— Has it clergyni.':! ministering within its domain ? Answer. — It has. Question.— Do you linovv the Petitioner, the Itev. Mr. Dobie .' Answer. — Yes ; I have known him since 1871. Question.— When you byterian Church in Caiuula? Answer — Yes. Question.— Is he now. and has he been since you came to this country, a minister of the Presbyterian Church of Canada, in conne, tioti with the Chur<-h of Scotland, in good standing? Answer. — Yes. Question.— What is the name of his particular Church or congregation ? Answer.— St. Andrew's Church, of Milton, in the Province of Ontario. Questi Ml.— Are you at present acting in any official capacitv in coniu'c- uection witli the Synod of the Presbyterian Church of Canada, in connection .•JO with the Church of Scotland ? Answer,— I am Synod Clerk, /yro /m/;rw. 1 have in my possession, as such Synod Clerk (iro tempore, the acts and proceedings of the Synod of the Presbyterian Church of Canada, in connection with the C hur (•r till' Synod of the said rri'sbyturinn ('Ininli i»l < 'luiiida. in comu'ctioii with \\h'. ('liiin-h 1)1" S.iotlaiid, and thf .si;riiiimr(' ■' Ilob.'ri Hiirnftl " to all tlu' inin- iili's ol'lht' rsaitl int't'tini^s of Synod, prior to the last niL'<'tini»;, is the >iirnaturt' of the said Rob Tt lUirnt'tt. The ininiUcs of tin- nifftinif ol the l')tli .Iiiiit'. IHTo, arc also sii>-n('(l by Ivobi-rt Dobic. as Modfi or; also tlu' ininiitfs ol' the uu'i'tini^' ol' the :5(»th ot XovfUibiT. 1S7'). arc sii^nca by the snid Robert l)ol)ic. The minutes ol' thi- iiicctiiiL"' held on the |;5tli day ol' June. IHTti, are signed by David Watson, as Mo(b'ralor. in addition to the said liuruett ; and also the 'tin^' held on the 14th day ol June. lS7t>, arc siuiied by the minutes o 1' the nit said David Watson, as Moderator. The minules ol' the meclinii: held on the ]{, 5th day of June. ISTT, are siiiiied by mystdl', as Moderator; also the minutes of the nieetiiii'' held on the (jth dav of I he said month of June are siyiied bv m sai yself, as Moderator : also (he minutes of the meetinu' held on the 7 d month of June of the sai th di IV o •20 ni' year. The minutes (d' the meetiim- held on the Ilth day of June, 1S7H. are signed l)v John Davidson. Moderator; and also the minutes of t he meeting ludd on the lith ilay oi June of the same year; ami also the minutes of the meelinir held on the l^lth day of June of the same year are sitiiied by the said John Davidson, as Moderator. The min- utes of the meetinii- held at Toronto on tlie 10th day of June instant are signed by John Ma((b)nald. as Motb'rator ; and also those on the 11th day of said June, and also those on the 12th day of said June. I produee all the said original minutes between the dales mentioned, and fyle a copy thcreol. ciTtllied by me. which I mark " retitioners" lilxhibit at llliujucl.' Zl." The said copy lh) f' ' l)y ine is a true copy of said original minutes. Question.— ,\re you aware that since tlu' oth of June. 1S75, the Hoard, Respondents, have been acting under and in virtue of certain legislation obtained from the Legislature of the Province of Quebe<' ? Answer. — I bidieve so. Question. — On about tlie 15th Juno, you were a member of this Hoard. Re.spondent.s, in virtue of the legislation obtained from the old Province id'.'O (^lnada ? Answer. — Yes. Question. — Under tliat legislation obtained from the old Province of Canada you would have had, in the ordinary course of things, to retire from the Board after a certain term of years:" Answer. — Yes. Question. — .And all other membi'rs aKso in a certain rotation ? Answer. — Yes. Question. — Under the new legislation of the Province of Quebec, your name has been continued on the list as a member of the Loard still ? 40 ■.> i 'L ■ 13 ) >. AiiNvvcr. — 1 b«'li('v*' no. Question. — llavt' you Ix'i-ii .NUiinnoiiftl lo iiltfiid uny uu'i'iiiius <>r tliJH Hoard liitcly f .Vmsw.t. — Not liittly not .sinco May, 1H78. Quf^tittii. — Do y(ju know if tlioy liavo held any nn-i'tinijs lait-ly ' .■XuBWt'iv — I do not ; I havo not \tvvu Munimonvd to anv CllOHS-EXAMlNKl). (Question. — You .stated that you rcteived a pn'srntalion in IHTO. to St \{, .Viuln'ws CUurcli, Montreal :" What do you nu'un when you state that you received a presentation ? Answer. — 1 re;eived a presentation — a document inviting me to assume the pastorate of that Church. Question. — Yen mean simply that you were invil«'d to come to Montreal and assume the pastorate of that Church ' .Vnswer. — I took it in the I'orm ol a presentation Question. — What do you understand by thi- term presentation / Answer. — It was laid as such before my I'resbytery in Scotland. Question. — This presentation as you <'all it, was it not simply in the 20 form of a letter or invitjvtion from the .St. Andrew's Church in Montreal, to come here and become the i)astor of the said Church :" Answer. — It wac a document signed by three gentlemen in Scotland, acting lor the congregation of St. Andrew's Church. Montreal. They were I)T. Norman, McLeod, Dr. Macduff and Mr. James A. Campbell. Question. — Do you know the circumstances under which those giMitle- men undertook that duty .■" Answer. -They said thtsy were authorize thf pastoral chargo of M. Andrews ("hunh of Montreal ? Answer. — Yes. as I understand the usual way. Question. — What document was laid before the Presbytery ol Hamilton in Seotland at the lime you say you were translated '' Was theie a tall from .St. Andrew's Churcii. Montreal, to vou, calling you to be their minister ? Answer. — Not bid'ore the Presbytery, as j'ar as I know. Question. — Did you receive such a call before you came f • .\nswer. — No. (Question, — Was no such call sent ? Answer.— Then' was a letter from yourself (Mr. Morris, .ouusel for liespondenls) forwarded to me. Question. — When you were translated in Scotland from one cotto-re^a- Lion to another, as I believe you were, was there not always a call before the Pn-sbytery f Answer.— Not before the Presbytery. I was not translated from a con- gregation. I was iranslaled from one parish to another parish. •>(, Question. — in such cases did you not always n;ceive a call before translation ? Answer. — The <'all was always picsented alb-r the presentation was sustained. Question.— Hut 1 ask you if you received a call before translation ;• Answer. — Of lace .■• Answer. — Yes. Question. — Have you any doubt that in this case before you wen' trans- '•^'' lated to Montreal a call from St. Andrew's Church, Montreal, was sent to Sct)tland and laid before the .Presbytery * Answer. — I do not know. Question.— You nevi r saw such a call or heard of it ! Answer. — Not in Scotland. Question. — When did you hrst see it or hear of it ? :. Answer.— 1 think the call was moderated after I came here, if I remem- ber right ; but we attaidi very little importance to calls in Scotland ? Question.— Then, as a matter of fact, the translat from Scotland to Montreal could not 1 ioii you have spoken of i ;'- lave been a translation in the same sense 4( ■A i nS as ;i tiM:ishil.ii)ii is in Holland, st'i'lii;^ that ud >all was laid before the I'l-cshv- t Ty ill S otlaiul previous to your translation ^ Answer. — My parish was not declared vacant in Scotland till I was indiK^ted here and notilicatioii ol' the inducti(jn was sent I'roui here. I said ! did not know whether a call had been laid belore the I'resbytery inScothind Question. — (.'ould a translation lake place in Scotland without a call < Answer. — 1 do not know. Question. — You stated that on the 15th of Jvine and during- the whole of that month you were absent Iroin this country in Scotland f .\ns\ver. — Yes. in Scotland or Kngland. 10 Question. — Theji, personally, yon know Jiothing alxmt the iiroceedings which look place in the Synod ol" the I'resbyterion Church oi' Canada, in con- nection wiiii the Cliurch of Scotland, at its meeting held in Montreal in Jnno. 1875 ? Answer. — I do not know the force of the word " personally." What I had was I'rom newspaper r.'porls or convspoiideiice Question. — And that, then, is all yon know on the subject ' Answer. — lixcej)! from the siibsecjueiit proceedings. Question. ^IIow many of the ministers, who were ministers of the Presbyterian Church of Caiuidu in connection with the Church of Scotland in '2li June, 1875, t-ntered into the union of Churches of which you have spoken iti your examination in chief:' Answer. — I do not know the exact number. Question. — IIow many of the said ministers did not enter into the said union ? Answer. — I do not remember. Question. — Can you not tell bv referring tn tln' minute book von produced to-day ^ .\nswer. — I do not think I could. Question. — Are y<»u i)ositive that you cannot :" "'0 Answer. — I refer to my former answer. Question. — Will you look at the minute book and see if it lieve so 10 !■• . Re-ExAMIN.4TI()N. •li.) Que.stion.— How does it happen that you have l)een for some time acting as Clerk /no (em/torc i* Answer,— In con.sequence of the illne.s.s of the ChM'k, th.- Reverend Robert Hurnett. QuoNtion.— Do you know in what condition of health he is at the pn-.^^ent time y Answer. — 1 only know h.. has been very ill. and he i.s very ill still with typhoid fever. Question.— It was on ac.ount of his illn,.,ss you wero .ailed upon to keep the minutes? Answer. — Yes. Questiou.-Mr. Morris requeste.l you to take the minute book produ.vd and mention th. names of therl.M-y,n,.n and Pn.,byteries a.^ting in .■onnection with the IVe.byrerian Church of Canada in eonnection with the Church of J^O bcotland, to whi.h you answr that you were not sudicientlv acquainted with the minute book. Will you explain if the ••ontei.ts of the minute book it.self would supply the information asked for as to those ministers maintaining their connection with (he Presbyterian Church of Canada in .■onnecticn wi°h the Church of Scotland ? Answer.— it must eontain. (he names of a large number of them. Qu.'srion.-It would at all ev.Mits contain the names of those who attend the respective meetings of Synod :" Answer. — Yes. Question.— It would not show those outside who did not attend? !0 w W i, 5 -;l '3.- ) mf ^.A' 60 AnswHT. — Nu. QiUistioii. — Have you any miiiisUT^ or missionaries 'lutiii-j' in ciMiiici'lion with tho chiiivh at tlic prusont tiuif and lor >onii' time past, wlio arc not ini-m- hcrs of the Synod :" Answer. — Yes. QiK'stion. — You have heeii asked to mention ih;- names oT ministers maintaining' tlieir ronnction with tlie said church; can y( u meniion about what number of congregations are at preseni maintainini;' coniieition with the Trcsbyterian ("hurch ol' Scothind. to whom ihe niinistrations ol' reliu'ion are given ? Answer. — I believe (here arc ui)wards ol' thirty; but 1 do not knoTT the exact number. 10 lvi:-("li()SS-l<;x.\.MlNKI). Question.— Will you be kind enonnh to give the d(.'tails sis to the con- gregatians you have relerred to in your last preceding jinswer ! Answer. — I have already stated that I do not know the exact number. Question.— How is it iliat you could recollect there are about thirtv ? Answer.— Simplv Irom a statement which 1 saw iii the Synod, which •/(, stated the lact in the aggregate. Question. — Then you have no personal knowled^-e as to the fact that there are about thirtv :" Answer. — I believe it. Question.- -Do you personally know it i-xoepi I'roin the statiMueni you say you have seen :" Answer. — 1 do not doubt it. Question.— 1 want to ku'.w whetiicr vou know it of your own knowl- edge, except from that statement f Ansvvt'r. — I know it generally sullicieiitly not to Toubt it. -'^O Question,— From what is that knowledge denve(l .■* Answer, — I stated, iu my former answer, irom the docunu-nl before the Synod. (Question.- Does the roll of thi' said minute book, at the commencement of each session, .show the number of congregations that you have referred to ' Ai swer,— 1 am not the t'lerk of Synod ; I ain not sulheienth a«(iuainted with the procednre. Question.— Is it not a lact that the roll should show it accordin"- to usau-e f ,1 i„ ,: 40 •v-i 11'^ li'-fi 1. m^ 01 An«vvtM-.-l urn n..t .suin.ifntly a.qiminti.d with thi- Clerk's (liitio8 And further cI..i,omM,t.saith not, and thi. d..po«ition having been read to hun Jie d.'clares it to contain the truth. (Signed). S. A. AIJHOTT Stono<(raphor. -I' Kev. John McDo.vam), of Hee.-hridge. in the Province of Quebee aged Kuy yeans, a w.tne.ss produced on the part of the Petitioner, on this twenty- 10 <".ghth day of ,une, eighteen hundred and seventy-nine, who, being du y sworn, .U>poseth ond saith :-I am not reh.ted. allied or of kin to, or in the employ of any of the parties in this eause ; I am not interested in the event of this suit. I was ordained in 1854 in the Presbytery ol Ulas.row, in S.-otland Quost.on.-Were you ordained for the j.uri.ose of takinir up any par- ti. ular charge, and if so, what eharjre ' - ^ } i ,t"'r'' -^ f ^^ ro.nmission from the General Assembly of the Chunh of beo land through its Colonisl Committee, for the purpose of eomino. to Loehie in Glengarry, in ,he Province of Ontario. Having ,hat in vi-nv, the o. Assembly, by this Committee, enjoined the Presbytery of Glasgow to tak^ me on trial lor ordination, acording to the rules of the Church Questioh.-And you were ordained by the Presbytery of Gla.sgow ? •^"^^^^''••-J;''^; ' -^iJ »»^ f'^k<" 1' Mr. McDonald in the situation to wliidi ho liais been iipi^ointed, should lie <,f> out as an ordained uiinistei of this <'h;iirei>d to grunt Mr. McDonald tl le Mini o I t'4.' lor out lit and passage money, * * Extracts I'roni the minutes of ol' the Colonial ( 'oinniitice ".I. AVION, "Secretary pro frni/jtuT." \() (Question. — Alter you were ordained you received a certilicate or pajteis evidencing vour ordination :" Answer.-— Ves, IVoni the rresl)ytery Clerk, and I now exhibit the papers which I received, and wliich are certilied t)y the I'resbytei'v Clerk of the Pres- bytery of CJlasgow. which documents are duly stamped, the same l)eiiii>- in the words lollowing :-— '• At and within the Parish Church ol' Carmunnock, the thiriy-l'irst dav • of April, eighteen hundr.'d and lifty-four years, which day the i'resbytery of •■ Crlasgow being met and constituted inter alia. ■ Comi)oared Mr. .John McDonald and delivered all the di scourscs pi'c ly scribed to him at last meeting with a view to his ordination, which seven and upon conjunct review were sustained. The Presbylery then proi-eeded to examine him in church history and the (J reek and Hebrew lancs. and :,:o \v ere satislied with his proficiency. Sermon suitable to tl le occasion was preaehed bv the Moderator from Matthew, liTth chai>ter. 4oth verse: 'Now from till' sixth hour there was darkness over all the land until the ninth hour." After sermon the Moderator intimated to the congregation that Mr. M(d)onald having accei>ted an appointment bv the Colonial Committee of the (Jeneral Assembly of the Church Scotland to the pastoral charge of ■ Lochiel, in the Presbytery of Ulengarry. Canada, had been taken upon trial • for ordination by thi' Presbytery at the retjuest of that committee, and had acquited him.self to their satisfaction. He then put to Mr. McDonald the ■ (luestions appoiut<'d by the 10th Act of Assembly, 1711, to be put to mini,'*- ters before they are ordained, to all of which satisfactory answers were re- turiu'd. Thereupon the Moderator did, by solemn prayer to Almighty Crod and the imposition of the hands of Presbytery, publicly ordain(>d a?id set Th ere apart the said Mr. John McDonald to the ofTice of the holy ministri after Mr. McDonald was suitably addressed by the Moderator on the duties of his ofhi-e, with special refereiu-e to his appointinent by the Colonial Commit- tee. The brethren pr^s.-nt gave liim the rigid hand of feflowship. Tht> A« t 40 1, (; <' .^■•^ M%* <^. ^> '^^" .0. IMAGE EVALUATION TEST TARGET (MT-3) I ^ /. ^/ ^: & A 1.0 [S»- llSi ^^ 1^. 1^ ill 2.2 == Hi ,^ i^ I.I f.*^ 1^ 1.8 L25 111.4 11.6 % oz Va /j. /A %J!^ ''W '/ UyZ"^ "^^ <> ^% H8 /' ■ '• against Simony, 1759, was ivud to him, and he judi«'ially higuod thf (;onft\s- • sion of Faith and the Formula, on all \vhi<'h instruments were taken, etc., " otc. '• Hxtractt'd Irom the rotords of the Pn-shytery of Glasgow. • By JAMES SMITH. • IV'sbytery Cl^rk. • Certificate. • At Carmunnock, the thirty-first day of March, 1854, the Presbytery ol • (xlasgow being met and constituted, did and hereby do certify that Mr. John • McDonald, one of their licentiates and this day ordained by them as minister id • of Lo(!hiel, in the Presbytery of Olengarry, in Canada, is well and most • favorably known to the members, for many ol whom he has oliiciated with •much fidelity and acceptance; that his conduct has been uniformally con- • sistent with his professional character and prospects, and that he carries with • him to the sphere of ministerial duty on which he is about to enter the hi'^h '■ opinion and best wishes of all the brethren. Attested by James Smith, Pr. CI." On my arrival in this country, I proceeded to Lochiel and there pre- sented the originals of the above documents to the Presbytery Clerk of (ilengarry, and I was thereupon, namely, on the 24th of June, 1854, inducted •.(, by the Presbytery of Glengarry into the charge ot the said Lochiel, and 1 ~ exhibit the certificate of my induction which is in the following terms: •' I hereby certify that a memorial oi' the annexed certificate of induc- •' tion was duly recorded in the Registry OIHce for the County of Glengarry, •■ at the hour of eleven of the clock of Wednesday, the nineteenth day ol " July, in the year of our Lord, one thousand eight hundred and lifly-four, in • Liber 1st Lochiel, in folio 353, number of memorial 382 ; and the said • memorial fyled with the oath of allegiance of the Reverend John • McDonald attached thereto. • DONALD MACGILLIS, Dy.. Reg., ;ui " County of Glengarry. • At Lochiel, and within the I'resbyterian •' Church there the 28th day of June, 1854. " It is hereby certified, that the Rev. John McDonald was this day inducted as minister of the Scotch Church and congregation in this place, bv " the Presbytery of Glengarry, in connection with the Church of Scotland. "ROBERT DOBIE. Moderator. '• ANDREW BELL. Pry Clerk pro tempore:' Question. — Was there any more forraaltty about your coming to this 40 ■I •; w '1 A \^ ^ u ■',■!' !^J ;^ :i t .? i ^ ki 64 It' .■ F ■ ■•:.■•> • •ouiitry liom SiDtlaiul aiul takiiii;- iii> iht- cliurgc ol Lorhit-l, thuii tht>r»' v\()uhl liuvt' hi'.'ii il you had taken chariot' ol' a parish in Sollaiitl ? AnsvvtM". — No, all prociHHlijig.s wcif ati-ording to the laws ol' the churrh. Qut'stion. — llavi' you bfcii ever since a nunisltT ol' the I'rcsbylt'rian Church ol" Canada, in connt'ction with th»' Clmrch ol' Scotland? Answer. — liver since. Question. — Has that church hcen in cxistancc in Canada e\ ei since you came there ? Answer. — Yes. anith the Chunh of Scdtlaiul. Have they since retained those records and minutes, so far as you know ? .\nswer —Yes ; they have retained them and refused to give them up. so far as I know. , and happeneil to be ther«! then. Mr. Dobie, the Petitioner, was named chairman. We named as clerk the lit'v. Robert Burnett, minister of the St. Andrew's Church, Hamilton. I was a member of the said Synod at that time. (Question. — From the 1.5th of June. 187o. down to the present time, have there bi-en regular meetings of Synod of the Presbyterian (^hur(, Canada, in conne<-tion with the Church of Scotland, and the Presbyterian Church of Canada, in Canada, at the time of this union? (Objected to as being illegal, and not being in issue on the PetitiotierV petition). (Objection reserved). Answer. — Yes ; there were dilFerences. Question. — Can you mention any difference with regard to the recogni- tion of the Church of Scotland, or any other matter? .\nswer. — They disapproved of our connection with the Church ol Scotland as established by law. That is one thing 30 Question. — Was there anything in the basis of union which, in your mind, conflicted with your views as a clergyman of the Presbyterian Church of Canada in connection with the Church of Scotland ? (Objected to as being illegal and not being in issue on Petitioners petition). (Objection reserved). Answer. — The basis of union was introduced with a view of reconciling differences of opinion in the different parties. Unfortunately, in my humble opinion, it collided or clashed with our Confession of Faith. There was no necessity for a basis of union among Presbyteriiius who professed to believe in the Confession of Faith. We adopted and we act upon the Confession of Faith 40 ■■/'■'I: ,\. i:1 '■$ 07 in its ciitiivty. Jlut there in a section of the (lonlessioii of Faith which is the best section of all, because it is intended for the preservation of peace. That •section was left an open question. The reguhition of tho Church of Scotland obliire.s us— obligcsi me or any person that follows it— to sign the Confession ol Faith, and to declare it to be my belief, and sijrn it in itsentir«'ty. That is the section which refers to thi' power of the Civil Magistrate, and is No. 23. Questi<»n.— I understand from your last answer that all clergymen join- ing the Church of Scotland in Scotland or the IMvsbyterian Church of Canada in connection with the Church of Scotland in Canada are obliged to Lnve their entire adhesion to the Confession of Faith ii. its entirety? Answer. — Yes. Question. -Then I understand you further to say that, according to the basis of union, it is left optional with the ministers now joining the United Church whether they shall give their full adhesion to this Confession of Faith or not ? (()bj(Hted to as illegal and not being in issue on the Petitioner's petition). (Objection reserved). Answer.— Yes; it is left an open question. A man may hold any opin- ions he likes now in that United Church with regard to that twenty-third <'hapter. so far as I know. Cross-Examined Without W.\ivru of Ohjections. 10 20 Question.— You say you were inductod bv the Presbytery of (llasirow in 1854? Answer. — Yes. Question.— Previous to being inducted did you receive a (all from the congregation to which you were inducted ^ Answer.— No ; I will tell you why. There was no formal < all, because the congregation of Loehiel empowered the Colonial Committee to select for m tnem a minister that could preach in Gaelic and English : that they sent home a call to be filled by themselves in favor of a person tht>y thought competent to discharge the duties. Question —And it was becau.se they sent home that call to this commit- tee in Scotland to select a competent person that you were selected and came out to Canada ? Answer— My commission shows the origin of my coming to Canada. The request was sent home to the General Assembly's Committee bv the late Rev. Dr. Mathieson, of Montreal, and the oldest minister in Glengarry at the time, the Rev. Join McKeuz.e, minister, ol Williamstown. These two wire 40 ; 1 It. " U"; ' 1^ "'- i'A^^i I '-H' S : i: < »is V ■ ,^t-.' particularly fonri-nicd in gi'ttiny a miiiistci' lor Lic.-hicl, and wt-rr very urgent I'jr UK' to lonit'. Question. — I^ it not a liul that your i'oniini> to this country originated in the action ol' the loncrcgation or representatives of the congregation at liochiel in r-'quosting either Dr. Mathieson or the Colonial Conunittec to select a ruital)le uMiiisti-r lor Ihein :* Ansv'.er. — 1 believe (hat is iin[)lied. It was the good ol' the <"oiigregation that was kept in view in all the steps that were taken. Question. -They made the iirst motion, did they not, towarr the congregation at Lochiel. is it not a fact there was read over to you. and that you gave your o(( assent to a document which i.s of record among the records of the Synod of the I'n'sbyterian Church ol" C'aiuida, in coimection with the Church of Scotland, passed })y the Synod in 1844, aiul whicli is generally known us the Decloratory .\ct of Independence of the said church? Answer. — Well, I will answer that question, if you will explain to me what is your meaning of the Act of IiulependeiU'e. Question. — I will not explain to you my meaning ol the Act of Inde- pendence, but want you to answer that question ? Answer. — I know I did sign such an act, but it was ^s regarded my ministerial duties that I would be subject to the direction of the J'resbjtery of HO Glengarry and the Synod of Canada, that w as all — subject to the direction of the Synod in (ionnectiou with the Church of Scotlaiul. Question. — That Act is to be found amongst the records ol the votes and proceedings of the Synod of the Presbyterian Church of Canada, in connection with the Church of Scotland, is it not? Answer. — Yes, since I knew you (iMr. Morris, counstd for Respondents) you acted upon that Act as well as I did. Question. — Is it not a fact that all ministers at their induction had to to give their assent to the said Act, according to the rules of the said Presby- terian Church of Canada, in connection with the (.'hurc^h of Scotland .' 40 -r\ ;r:i itf I? 11 4 *^ ' !- '■y» 69 AiisvviM'. — or toursi', a» in acrordauro with the laws and ifgulatioiit* of the rhurch of Scotland. Question. — Now, sir, i>s it not a fact that at the timi' of your induttion you u^avc your assent, and as appear.-s by the record, unqualihedly, to that aet of Independence, and that there was no such statement made by you that you did it in so far as was in accordance with the hiws of the Church of Scotland ? Answer. — Unqualifiedly, no. Question. — Where is your qualification to be found expressed f Answer. — Whi'ther expressed or not, it was understood by all the body clergymen that we were a subordinste brani-h of the Church of Scotland, guided 10 by her laws both in religious duties and in its government. Question. — Then this cjualilication vou stated you made wa.s simply a mental reservation ? Answer. — There was no mental reservation almul it. Question, — Then was it written down and expressed in writing? Answer. — 1 did not say reservation ; I said it was the implied under- standing of tile Synod, as a body, that we w»'re a subordinate brauch of the Church of Scotland, entirely dejiendent on her pecuniary resources. Question --It was simply an implied understanding, then f Answer. — 1 think that is too much about one point. 20 Question. — I ask you again ; Is it not a fact that that Act oi Indepen- dence was read over to you at the time of your induction, and you staled then that you assented to it. without stating anything else in the vray of (jualifica- tion of such assent ? Answer. — I 'Assented to it with this belief with this conviction, that I was under the control of a Presbyt«'ry as much in connection with the Church of Scotland, as if 1 had been in Scotland. Question. — Now, is it not a fact that that Declaratory Act of Indepen- dence defines the meaning of the words 'in connection with the Church of Scotland," which are to be found at the end of the name of said Church, to •^^' wit, the Presbyterian Church of Canada, in eonnection with the Chunh of Scotland V Answer. — In reference to that I can say that, that .\ct of Independence in connection with the Church of Si-otland nev» r gav*- satisl'action to the Synod for the last twenty years. They could never agree upon it, but it was allowed to stand on the record. I know one grave Doctor of Divinity wanted it repealed. Question. — Did ^'ou evyr move to have it repealed ? Answer. — No; it did not come to that point. Question. — Did anybody move to have it repealed ? 40 uv l1 < \' .1 ••Wj •'•■ \ ' ■/. '.'• • . ■'■ S '? >' '.;■-■ r \,is^vi>r.— Not symHliciilly. Still th.-y Wfn- .01111)^111111^ ol' thf An. Qui'stion.— You say that tin- quostioii ol' union amongst th-' Tn'shy- tiMlaii Churcht'.s ramc up in th.- Synod ubaut the year I.S70 ;■ \„s\ver.— 1 am not exu.tly [.ositive as to thr year, but a I'.vv vars pre- vious to IHTo. Question —Wh.n it lirsl ■ aine up in the Synod, did you oppose this union ' or did you tak.' i)arl in its discussion :" Answer— No: I did not, because it did not come up regularly for dis- eussion. Qu-stion.— The iirst time it eame up rejrularly lor disrucsion in the 10 Synod, did you opi)ose it :* A„,s\ver.— No ; because I ronsldered it inon- of a rlcriral ag.Mtion than a regular desire in the country for union. Question.— Is it not a I'aci that the (question of union was dis.nssed in the Synod about two years beibre you made opposition to it ? Answer.— It was discussed; but, according to my humble opinion, irregularly discus,'r m Mnbers rejiaired to the V ih' said union uikIt th" resolution which ill St Paul's Church ictoria Skating- Ivink to consummate w IS then and there larried f ■'ynod. Answer.— The.se w^'re there, and they were the oUlest meml )ers (> f tht •r anv others were there .' (.Question.— The tpiestion is. wheth, Answer. —There wi-re others. Question.— I mean meml)ers of the Synod? Answer.— I know some went away and came baek and I d 20 their names. They went away and came back, and second time. They o not knt>w went awav to the rink a Question, — How man were hesitating vhat was their line of dut- AiLswer. — I cannot tell you. Question.— You do not know ll V went a\ av and came back :* ame bat'k ! lie names of any who went away and Answer.— I eaii tell th Question.— Tell Ih ;{(i e names of some of the ■m. e name.s of some f and I Answor.— I am not going to imi)!i.ate other people Th.'v have h am not going to injure them. Question.— Then you de.liue to tell th. iay were present and who remained behind ? eft us names of any other who yo ehiud :* .\nswe.. — We continued our sederunt. Question. — What did you do lirst ! .,n .\nswer.— What auv society would do. We appointed a President or Moderator wlien the lirst one gets sick. Question. — Now is it not a fact that you lirst of all i)rop(>sed as MocU-ra- (or Ikcv. David Watson, ol' Thorah, immediately after the majority left lor the Skating Kink ? Is it not a I'act that his name was proposed hel'orc Mr. Dolde's :" Answer. — No ; il is not a fact, so lar as I know. Question. — Do you swear the name of the Kev. Mr. W^itson. of Thori.h. was not proi)osed at all as Moderator ^ .\nswer. — Not that I recollect. Question. — How did you constitute :" Did you <'onstitute with prayer :* 30 Answer. — We did not need to constitute. We were constituted alreadv. Question. — Did you open with prayer :• .\nswer. — No, we did not ; we engaged in devotion lor Divine guidance in our dtdiherations, hut not Ibr constituting the Synod. Question. — Who held your devotions ^ Answer.— 1 cannot tell you who held devotions ; but if I recollect it was one of the oldest members present. Question. — Is it not the case that it was the Rev. Robort l)obi<>. tlie mati whom you assumed to elect as your Moderator ■* Answer. — I cannot tell. The excitement was great. 40 ■. *l -// m '#1v 73 (iut'stioii. — You tuiniui It'll citluT thai the Script un- wiis ifad. 1 .supposr ' Aiihwor. — That would be ronstituting the Synod. Question.— I am asking? whether it was or not ' Answer. — Thure was n(> ronslitulion of the Synod there. There was n*.. readinjf ol" Seriplure, because the Scripture was read by you before you loft. The Synod was constituted already ; we did not begin a new Synod at all. Question. — Is it not a fact that the Synod had l)e»'n previously adjourned ou that day ' Answer. — There was no adjournment. They leli to join a new body and to assume a new designation in tlie Skating Kink. There was no adjournment |() ol us as a Synod. We continued the sederunt. Question. — Nevertheless, was it not declared by that Synod, which you ackn(>wledge yours. '11', that they adjourned to meet again in the Skating Rink ! Answer.— That was a violation of the law. sir; that was what separated us. up Qu'.'stion. — But 1 want an an.swer to the question / Answer. — We did not recognize that ; that was not going to break us Question. — I repeat the question : Was it not «leclared by that Synod, which you acknowledge yourK:ell. that they adjourned to meet again in the v;() Skating Kink { Answer. — In so far as that applies to the majority who h'i't, but could not disturb the minority in their duty. Question. — At the time when, as you say, you elected a moderator from among these who remained behind, wa.- there a quorum pr-'sent of lilteen members of the Synod f Answer. — A quorum ' Wi y, if you speak of a quorum, after the lirst day in the Synod, it is a rare thing. I do not know what was the original number of the quorum, but that di ilun- ^s^i()n ol' tlu* chun h parly in thf Low«'r IVovinri-k and a .st'ci'ssion of our own. Tht'so vvon- the throe in the Lower IVovinews who mo; i ; fhi' Rink ; and also in (Ontario and Qui'bfi' ihtTc was a stjftion that left ours«'i»('« and the Canada Pri'sbytcrian Church The records will show which they vfcn'. Question. -You have stated that you diHupprovt'd oi" the basis ol' union upon wliich said IV>ui bodies united. Is it not a I'act tliat the Church of Scot- land in Scothmd has oiricially siifnified itH intimation to the effect that it saw nothinff whaiever to of)ject to in tlie .said l)asiN ol' union? .\nswer. — I cannot tell. 1(» Question. — Did you never see a resolution to that effect passed by the (reneral Assembly of the Church of Scotland in Scotland ' Answer. — I do not "•• -ollect seeing it. but if it is pass.-d tliere must have beeti a protest by a minority. I did not see it. I may be wrong. Question. — How oan you say there must have been a protest if you were not there ^ Answer. — Ac( ording to the usual procedure of the Assemb'y. They are always ready to co-operate with other bodies for religious work, but that is different from organic union. It is not a reason lor changing our designation. Question. — You say that you and those who adhered to you in refusing .j^, to join th«' union, have since said union had correspondence with the Colonial Committee, in Scotland, of the Church of Scotland; what do you consider that proves '. Answer. — It proves that the connection is unchanged ; that we are a branch of the Church of Scotland in Canada, not dissenters, not a spurious name. We hold by the Confession of Faith as adopti-d V)y the Church of Scotlan!eu fainiliiir with lli'' procci-clinj^s of the Courts or Tii- Itnuuls of thi' 'Jlmrch f Answer. — I iiui. (^ut'srioii — llavi' you madi' aiM- inly of tlic laws rcljitiuj; to the Trfs- l)yl('riim Churfli of Cauati(al iiiattcrs f Aiiswi'r. — I havf studifd hoth carefully. Qucslion. — Iu your capacity for a urcat uunihcr of years of editor of the oliicjal oriiaM of ihc Churcli, have you had opportunities of beiuj;; aeipiaiuted with su h laws !■ Id ■Vus^vcr, — 1 had opportunities, and in fail was ohlii^ed to make myself ac({iiainted with them. 'Question — I suppose you kuow that there was a hirrauted in Canada were to he devoted to reliiiious purposes, for the maiuti'Uauce of a Protestant CK-rgy. o() Kespoudents ohject to witness statin<>' what he can have no persomil knowl>'(li» • \h ij« y ■? 82 [Kiijf "JO Syiiod miiiutt .s uiaikcd ,S.i, ciiilitft'ii liuudivd ami lliirty oiic, an- : ■■ Thf claiins ol' ihc Clmrcli ol' Sroilnud and ol' all natives ul" tliiil portion ol ■ Your MaJ 'siy's dominions is .ouudrd upon ilic Art ol Union lu'tvvi't'U the " two Kini^'donis, wliiili niiaiantct's uii ((nial roiuniuniiniioii nl' ;dl liyht.s and ■■ privilcii't's to the inlia))itant.s ol' Ixitli." i'lii' provision was niadi' lor cniiniauls coniinu' to Canada I'roni Scotland, iiii'irilx'is ol' (111' Chiircli (d" Srotland in Sotlaiid. I'ln' saiin- petition. l)am' llU. says ; ■ Provision liaviuii' heen mad' iu that Act. as yi»iir IVtitioners Indieve, •■ I'liliy siiili'i"iu lor tlie support of all ilic I'rot.'staivt cl^'ry-y ol' liie Trovince, • rccijynized l)y the laws of the I'uited lvint>'dom, ii is not unrea.soual)le that* • the lueiuhcrs of llie C'luU'cll of Si'otland should desiic to he placed oU the •• sauie looiiny witii their fellow-suhjects ol" the Cliun h ol' l']nif|and." Iu the same year a representation was niade to tlie (ieU'ral Ass-nihly of the rhurch of S'oiland. calliuti' attention to the necessity lor supporiiuij' their lainis to the Clerjjy iteservcs, heu'iunini.^' at pat^e 1;') of the same [X-ocoediuys of tiie year ii>-hleen hundred and thirty-oue. In the year eiiiiileeu hundred and tliirty- ihrei" the Synod memorialized the (len'rtil Assemhly of the Church of Scoilaud. and at pag'e 54 will he found these words of a r.-scdutiou which was adopted : " .Vnd further to crave the (JeUeral AssemMy to use its inliuence to secure to ■• this Syuod all its lenal riuiils as connected with ''riie Church of Scotland." In eighteen hundred and thirty-si.\ a [>itition was sent to the Kingby the Syuod of the Presbyterian Church of Canada in connection with the Church of S.otland. comiilaininii' of the estahlishuicni of rc'tories by the Churih of luiiiland in this Province, on the grouurises to which we are called, is, under the great Head of the '• Church, in your resources." In the same year, eighteen hundred and thirty- «ix, appears a report ol a special committee of Synod of the Presbyterian Church of Caiuida in connection with the Church of Scotland, which was adoj)ted by the said Synod ; and in refereiu'e to the payment by the Govern- ment of allowances from the Clergy lli-serves. the report states at pag*' 120: 1:^ 1-j 4" .«.4 ■i' S8 " I(, is I'lirther siilniiitliHl whi'thcr the Synod, a.s being a .spiiitunl < oiut, ought ■' iiol to dt'iliui' tlic di.stiibiitioii innoug its membt'is of any bounty the Gov- " eminent may be i)|eased to tonler. whieh ought to be managed by the (Jov- " eniment a.-* heretol'ore, or by hiy eonunissioners appointed l)y it lor tl)at pur- " pose." In the same year (18;lt)) an address to the Lieutenanl-(rovernor of Upper Canada was approvi-d by ilie Synod ol' the rresl>yierian Cliureh of I'anada in eonnection willi the Church ol" Siolland, and ordered to be engrossed, showing at page 1:22 I liese words : 'We beg leave to express our desire and ■' hope that your Kx.ellency will be pleased to extend to the Church ol" S( ot- " land in Canada your j)rotection, support and counteiiance, and encourage us lo " in our eiuleavors to dilluse throughout the Province the knowli-dge and •• practis<' of religion aiul morality." At page 12"} of the same minute appears a resolution ol' the Synod con- taining these words; "That as the principles ol" this Synod, as a brancli ol' the " Established Church ol' Scotland, respecting the duty ol" Christian rulers to • support the true religion are suni<'iently declared in her standartf , it is " unneces.sary to emit any i'urlher declinations on this subject." In eighteen hundred and thirty-seven, aiul in relerenc*' to a reinonstraiK e of the Synod of the rresl)yterian Church of Canada, iii connection with the Church of Scotland, on the distribution of the Clergy Reserves, appears on .)(, page lo6 of Exhibit J53 a rejiort of a Committee of Synod, whiih was received by said Synod, and which says : •' The deputation waited on His Excellency, and eiule;svored to represent " to him the great necessity, as well as reasonableness, ol sjjecial (lovernnu'iit ■' allowances to all the ministers of the Church of Scotland in the Province, • and urged upon him the ilaim of those congregations which had been prom- " ised an allowance for their ministers so sood as th-. y severallv obtained them. •' The deputation regret that their application has been entirely fruitless. His •• Excellency persisting in his determination to surrend.-r the management of •• the annual grant to the Synod." At page 144 of the same year, eighteen 'Mi hundred and thirty-seven, committees were appointed by the said Synod in Canada to prepare certain memorials. With refercMce to the lirst menu)rial the report states : • That a memorial be prepared for the Colonial Ollicc setting •' forth the claims of this Church to a portion of the interest accruing fiom " the proceeds of the sales of the Ch-rgy Reserves," and the Synod appointed a Committee to prei)are said memorial. In eighteen hundred* and thirty-eight, as will be seen on page 170 j-lx- hibit 38 of Synod minutes, the Synod adopted a preamble and resolutions on the relations of the Presbyterian Church of Canada, in connection with the Church of Scotland, to the Civil (ro^•ernment. the preamble of which begins . I(» ■' i' ;?'■■'■ 84 ■ That this .Synod h.-ijig »lt'.'ply aggru'vt'd by thf uiiju.st t •.■iitmcnt whidi. as a • branch of the Kstablishi'd Chunh ol' Scotland, they have received and are - conlinuing to rec.'ive in this Hritish Colony." On page 170 on.- oi the reso- iiition« says : " To continue more energetically their correspondence with the • General Assembly and other Irieiids in Groat Hritain, and with PresbyterieK •• and Synods in other British Colonies, inviting them to co-operate lor the ■ vindication ol' a just national right based on a treaty, the I'undamental prin- • ciples oi' which cannot be ini'ringed without subverting the constitution ol' ■ the British Monarchy, viz., the right of our countrymen throughout fts colo- ■ nies to an equal particii)ation with the people of England in all civil and 10 ■ ecclesiastical privileges and advantages." In eighteen hundred and thirty-nine, at page IfU of Exhibit >J;5, th«' said Synod agreed by r.'solulion • to solicit th' Tarent Church to send out a •■ deputation to eiujuire into the state of leligion in g.-neral in this colonv." In the year eighteen hundred and forty, at page 8t; ot the .\pi»endix. is a letter of the Committee on Colonial Churches of the (reneral Assembly of the Church of Scotland, from the said Synod in Canaila. which states : ' With • respe«t to the legal and coi»sti'.utioual claims of this Synod as the representa- • tive ol tlic Church of Scotland in Canada for en(M)uragement and support ■■ from the Civil Government, we havt not thought it expedieut during the 20 • present session to institute any proc*'edings," At page 42 of the sanu' Appendix, in eighteen hundred and forty, in a letter to the (Jeneral A.ssembly of the Pn sbyterian Church in the United States, from the said Synod, are these words : •' We are also happy in being •■ able to inform you that we have now 1) 'en relieved from the embarrassment • of a long and painfully agitated question— the question of the Clergy ■• Reserves— with the details of which it is unneces.sary to trouble you, but • which produced and kept alive an evil spirit of jealousy and rivalry betv een ■ our Church and the sister Church of England ; and that by the unanimous " decision of the Judges of England a right of our Chur<'h to important pri- 30 " vileges and advantages in this and other depi-ndeiicies of the British Crown " has been determined." In eighteen hundred and forty-one. at i)ages 38 to 43 of the Appendix, is a memorial and protest of the Commission of the said Synod addressed to the Colonial Secretary i)i relation to the Clergy Reserves, and at page 30 are the following words: " A sum nearly five times as large as that in the mean- " time secured to the Church of Scotland has been secured to the Church of " England, and linally, of the portion of the Reserves allot te 24. 1 111' said Synod passed rt'solut ions with icoiird (o tho Clergy Rcscrvt's Fund. In the lirsl resolution it is staled ■ thai the ("hurdi olSiotland. oi' whieh this • Synod is a hranth." In rescdutiou lour, on the same page, are these words : •That ever since the Ibrniation ol' this Synod our eedesiastieal relationship ■ has been acknowledged by the Par'Ht Churih in every way loini'onnable to • the constitution and our own ecclesiastical independence, and on this ground ■ our ministers and peoi)le have ior the last thirty years asserted the ri<>'ht to • all the l)enelits oi' a connection with her as one ol' the Kstahlished Churches • ol' the Hritish I'hnpire. Ivspecially we long j)leaded our legal claim to a 10 • portion ol' the lands in Canada set apiirt i'or the maintenance of a Trotestant • Clergy, on the ground of the pr uer legal iini)ort of that designation and of • the Treaty of Union Ijetweeii I'^nghind and Scotland. The claim made on "this special ground, and long resisted by certain p.irties. was at leno-th • abjudicated in our fav.>r by the unanimous decision of Her Majesty's Jud"-es • in l']ngland." In the same resolution reference was made to the aiiitalion for the repeal of ih'- Clergy lu-serves .Act. and these words are used at \n\() • ni-andeur and security of the Hritish Dominion have hitherto rested, and which interlerence. should it unhappily prevail, will dei)rivi' comiiii; genera- • lions .il' the benelits of a fund consecrated to the e.lu<-ation of the moral and • social being in his highi'r and nobler faculties. This Synod is not wisensibh' • to the imiiortance of secular edui'aiioii in all its deiiTees. and in imitation of • the Chunh of Scotland we will never .case, by all the means in our power, ■ to advocate and promote it, tJiough not by lh«' si'crilice of means set apart for • the support and maintenance of public worshij) and tht propagation of • religious knowledge. We cannot forget that our higher function as a Church " of Christ has ref'reiice to the reliuious and spiritual well-being of our people, 30 •' and that it is our duty to employ righteous means to frustate any attempt that may be nnule to take from us the guaranteed provision which enables • us to accomplish nion' elledually the ends of our vocation. We shall there- • fore continue to i)rotest against any attempt to subvert the existing law, not •' only on account of the detriment which would ensue to the interests of • religion, but also because it is incumbent on us to resist the encroachments " of a flagitious i>rincii)le which would leave nothing sacred in the social " fabric, and which, were it to prevail, woultl inflict a serious injury on th • '• general well-being, not so much perha[>s of the present generation as on that • which will follow. " At page 26. in the 6th of the said resolutions and 10 ■k f 1^' ■''4' ' i ■ i !?! ';•; ^j Ht; • oncladiiig m-ntcin*' oT il. iin' ihcsf words: " Tho |)n'^sl'nt iniiii.stt.'rs ol this • Synod have only a v«'rv traii.simt personal interi'st in the question, hut it ■■ helonys to them to teach and to witness that the Chureh of Christ, thouurha ■ spiritual l)ody, has legal rights and temporal possessions, which she ought to • defend, as she best may, to transmit not only undim.nished, but enlarged, '• to her perpetual posterity.'' In eighteen hundred and lifty-two of the said Synod minutes, page 27, appears an address of the said Synod to Her Majesty the Queen against the alienation of tlie Clergy Reserves, in vvhi<'h are these vvordb : " We humbly ■' beg leave to submit to Your Majesty that a pctrtiow of ih" people of Canada jo ■• cannot legitimately claim, even if they were dispose,, io do so, that lands • appropriated l)y the Hrilish Nation, because within the Province of Canada " necessarily belong to the peoph> of Canada, and are liiil)le to be wholly " diverted I'lom the great and pious objects for which they were intended." In an address to Her Majesty the Queen by said Synod in June.eighteeJi hundred and lilty-live, at i)age 2G, are these words : " In view of the emigra- " tion to this tountry of multitudes who have been accustomed to a public " provision for the mainteuiince ol the ordinances of religion, it is mtich to be " dei)lored that the only provision of a publit- kind for the support of religion '■ existing in this Province, has lately been swept away by legislative enact- oq " ment ; and this is all the more to be deplored considering the s( anty andscat- " tered state of the population in the newly settled parts of the country, and the " dilliculties vvitli which emigrants have always to struggle for many years • after a settlement." On page 27, the address continues : ' It is true that the " individual rights of the majority of our ministers have been respected, though ■■ those of others have been disregarded, and availing ourselves of the author- " ity to commute our interests given by the ena<'tment in (juestion, we shiU •' endeavor in a spirit of self-denial to place the matter in such a position as " that the people may feel more loyal than they would otherwise havi' done.'' In January, eighteen hundred and lifty-five. it was resolved to constitute a 30 fund as a permanent inducement for the maintenance and extension of religious ordinances in the said Church, as shown in the minutes of said Synod of Jan- uary, eighteen hundretl and fifty-five, embodied in the petition in fhis cause. In June, of the same year, an address to His Excellency the Governor-G<'neial was adopted by the Synod, as shown at page 28, and which, after expressing regret that the Clergy Uesei ves should have been alienated, continues : "In " order that this blow may follow as lightly as possible upon the general in- " terests of religion, and more especially on the Church of which we are " oliioe-bearers, we desire to avail ourselves of the permission to commute the ■' Reserve claims as provided for in the recent statute to which the Royal 10 :■! ^-i^ to -^^ S7 • iissi-iit has ht'.'ii lat.'ly i,nvt'ii, it bi-iiii^- l\u- <|.'sir.' ol' those ol' our numlxT, • who.s.' p.Muiiiiiry iiitcn'Kts an- iiivolv.'d ih.T.'in, to constitutt- a fuiid towards ' llu' inaiiit.'iiaiiff and extension of r.'lij^ioiis ordinames, in couin'.itioii with • the Church ol' Scotland in this I'rovintf. In ••iM-hliM-n hundrt'd and sixty, at page 01 Appendix, is an addn-s,.; from the menilx-rs ol" the Hoard Respondents of the Treshyterian Church of Canada in conne( lion with the Cliurch of Scotland containing these words: • li is • well known to you that the i>ul)lic provision for the support of the Chunh • was withdrawn some years ago by an Act of the Provincial Le<,nslalure, and •• that the amount received hy ministers in commutation of th.- annual stipend kj •■ sc-estion of Sir (}eor<,'e Murrav to )).• the inter- mediary between the ministers of the Chun h of Scotland and the (Jovernnient, but the Synod declined, as beini- a sjyiritual court, to ad directly, and would only consent to act, tlirouirh means of th.' Commissioners who were elected l)y them, as appears by tlie Imperial A;iro!e evidence.) (Objection reserved by parties.) Answer.-Yes. It is to be found in the ' Dig-st of the Minutes of the I resbyterian Church of Canada.^' Question.-Have you any personal knowledge of the secession from the I resbyterian Church of Canada in connection with the Church of S.otland in eighteen hundred and seventy-Hve ? Answer. — I have. Question.-Were you previous to then in the hi.bit of attending meet- 'AO Migs oi the Synod of the Presbyterian Church of Canada in .-onnection with the Church of Scotland? Answer.-Yes, pretty frequently. I was several times a member of the >ynod. Qaestion.-IIave you, and if so, how often, attended meetings of Synod ol the said Church since June, eighteen hundred and seventy-five ? Answer.— I have attended all except one since Question -Were you present at meetings of Synod held on the four- teenth and fifteenth of June, eighteen hundred and seventy-five ? Answer.— I was. .^ 40 l.'i '^1 » ■'. ^s^' '.'if ■^:: i'V llip: w QiU'stion.— Will you state about what time tht- Synod met on the lil'totMitli of June and what proc-odiiigs look place up to the time of thih set^essioii ^ (Respondents object (o witness proving this by parole evideme. being a matter susceptible only of being proved by the olficial records of acts and proceedings of the «aid Synod.) (Objection reserved by parties.) An^vver.— The Synod met in the forenoon, somewhere about ten o'clock, on the fifteenth day of June. The Synod was constituted in the usual way. certain business gone through, and then in the course of business Mr. Cushing, lo notary, appeared. There was a dead pausi' in the business while he went up to the Moderator, namely, the presiding ollicer, liev. \Vm. Snodgrass. and presented the notarial protest to the Moderator. Shortly afti-r, the i)residing officer and a number of others left th,. St TauTs Church where the meeting was then being held. Question. — Did the\ leave any behind them f Answer. — Yes; they left behind them some members of Synod and some strangers. QuiMstion.— Were the proceedings of that meeting of Synod continued or discontinued ? '20 Answer. — Continued. Question.— The presiding officer, the Moderator, having left, who was put in the chair ? Answer.— One of the ex-Moderators, Rev. Robert Dobie, Petitioner in this case. Question.— After he was put in the chair can you state generally what was done ? Answer.— After he was put in the chair it was agreed ihat he should oH'er prayer for Divine guidance, seeing the critical state of the Church, and that being done business was proceeded with and brought to a con.lusion. and :,M the Synod adjourned. Question.— Did the Synod of the Presbyterian ^'hurch of Canada in connection with the Church of Scotland meet afterwards? Answer. — Yes. every year since, sometimes twice a year. Question.— When was the last meeting of Synod ^ Answer. — At Toronto, in the month of June last. Question.— I understood you to say something about your attending meetings of Synod : how many of those meetings of Synod have you attended of the Presbyterian Church of Canada, in connection with the Church of Scot- l.nd, since the lifteenth of June, eighteen hundred and seventy-five? or. to Id ■it: u 1 1 {:*.. 'ffi ;•: -'fe ?1 91 u put it ill a tlifferont way. liow many hav*- you not attt'iidfil siint' tlicu ? Answer. — I have missod one since then. Question.— Are yuu in a |)osition to swear that the organization of the Synod of the Presbyterian Church ol Canada, in connection with the Chunh • Scotland, has h' mi regularly kept up since the fifteenth of June, eighteen hundred and .seventy-Hve, notwithstanding the secession that then took place ? Answer.- I can positively swear it. Question.— Has the Preshytvian Church of Canada, in .onnection with the Church of Siotlaiid. kept up i!s general Cliurch organizations in presby- tories and congregations sinc(> that dav :" ia Answer.— Yes. Question —At the pre.sent time about how many ministers are there in connection with the Presbyterian Church of Canada, in .onnection with the Church of Scotland, and laboring with it f Answer. — We have ten ministers, thr«'e missionaries and three retired ministers. Question.— How many congregations are there in connection with the said <.'hunh to wiii.h the ministrations of religion are supplied ? Answer.— Tliat is a little more difficuli to answer on account of the difli.'ulty of obtaining statistics, but. to the best of my knowledge and belief. .,(, there arc somewhere between thirty-six and forty. Question.— Would you state whether the adherents members of the Presbyterian Church of Canada, in connection with the Church of Scotland, are confined to any one place like the City of Montreal, or as to whether they are generally .scattered throughout the Provinces ? Answer— They are scattered throughout the two Provinces of Ontario and Queb.tc— throughout the whole of the old Province of Canada. I may add that I have a perlect knowledge of that. Question. — I believe that you have taken a very active interest in the affairs of the Presbyterian Chunh of Canada, in connection with the Church 30 of Scotland, since you came to this country ? Answer. — 1 have. Question. — Has your interest to any extent ffagged since that secession in eighteen hundred and seventy-five i* Answer —It has certainly not in the Presbyteriun Church of Canada, in connection with the Church of Scotland, but on the contrary it has increased. There was not such a particular need of my interest before ; things seemed to be going on w«dl. Question. — You, of course, are a member ol the Presbyterian Church of t'anada, in connection with the Chur. h <»f S.ntland ? ■[{> ■M-' '.?.-. Hi w S".; -'i :■;■ 02 AnswtT. — Y«'8. Question —You liavt' never siufdi'd from it ? Answer, — Never. Question. -Did th>se who seeedi'd. or those who remained, have ji ina- jority of members on the Board liespondents ? Answer.— Those who seceded have a majority of members. Question.— You spoke of those who seceded in eighteen hundred and forty-lour us having taken the name of the Presbyterian ('hur<: . ■ ■ f';{ Question. -Will you i)li'as(' [xiiiil oiii wliv I hey iiic not idontical ' Answer— TlnTc iirc tlistiiict (lill'i'ii'iucs in the ol»lii>iitions taktn as to till' Conti'ssion oi' I"\iith, TIhtc avf (litrcrcnccs in rcspi'it to the constitution of the ("liunht's. Tlu- I'lTsbytt-rian Clniiih ol' Canada in coniu'ition with tho Cliundi of Srotland is a hi'aneh oi' t he National Cliurch. The I'l'i'sbytfriaii ('luii'fli in Canada is largely roin[)osi'il ol' dissenters and voluntaries who take ohliti'ations ilili'ering widely I'rom tiie ministers and olliee-hean-rs of the Pres- byterian Chun h ol' Canada in <()niie(tion with the Chureh of Srotland and of I he Chureh of Scotland. 'Question. — What are the distinct dillerences in the obliuations taken a> to the Confession ol Faith ! (()bjecied to as illeii'al and iirele\;ml (()bjecIion reserved by the parlies.) lUsW er. the I orniula or obligation to h s\ii)s,ri bed or ordination or induction ol" ministers of the Presbyterian Church of Canada in ccnmei'tion with the Church of Scotland, to be found among other places in minut.-s of Synod jor eiuhtven hundred .ind sixl v-seveii, i)agi' ■"."). are the following words ; 1 do hereltv de( lare { lal (to siiK creiv own a'K 1 bel ieve t he whole doctrin ssemblii •• contained in the Confession of Faith, approven by tlie (leneral A ■ of (he Church of S(rt)tland and ratified by law in the year Kii'o inid ■ lred Church the fullest forbear- • ance shall be allowed as to any dillerences of opinion which may exist ■■ respect ing the ([uestioii ol Stat<' grants to educational establishments of a • deiiominaiional character,"" this forbearanee having reference to the peculiar doctrines h»dd by the Church of Scotland and by her branch in Canada. Question.— 1 understand, thi'ii, that ministers joining the Presbytorian Church in Canada are not obliged to give their adhesion to the Confe.-sion ol l'"aith in its entin-ty in the same manner as ministers joining the Church of Id *. ■ i H5 la* h 94 S.o.laiHl in S..olh,M.l,..,- ,1... I',vsl>y,..nun Chun-h of .'a.Kula. in .omm....,!,.,. with 111.- ("hurcli (.1 S.oiliiiul :• (<»l)jrr|..d t,. ils ill.-y-iil iilKl not ill issM.'). (< )l)j(.,ii(,ii ifscrvcd hy i)iirtics). AnMv.T.-N,,, l,y llir lin.sis of ruiun il.at is a uuilt.-r thai i. optional <.»n..st,„n.-I)„ y..u knou' wh.n th. n.iHi.st.fs a.v ,.ai,l th-ir an.u.al sliprnds out or thr Kun.l or thr Hoard If.'sjmndi'Uts > AM,sw,.,v--Th...-h..,,,u.s.a,sI hav.. always und-fstood. a.v i.ssu „. ,1... In-sl ol July an.l on tli- llr.st ol' January, h.-iny .v.tv six months <^U'st,on. -An. vou awaiv that vari..us ,>rol,.sts w.-n- niad,- on h.-halT of -.•.ani ni..n.I>.,.s or tin. l',vshy...,ian < 'hunh of ( lunula, tn ,.on.n...,ion w... h th.' Chr.nh ol N.Hland. a-unst tl„. union vvhi.di was in ,,u.stion. Aiisw.T. — 1 ain. ^ '^i.-st ion. -Could you i-oint out Innn tli. nm.ut.s of varn.us nn^tin-rs oi .>vuod any plarrs wlinv I In- .said prot.'.sl.s a.v ivonh-d ' Answ..r.-In ..i.oh,,...,. hundtvd and s.-v.-nty-lh.v., a.vordinu- ,o Svnod uunu,..lor,ha.year,a. pa^v n^. is a diss..,., with .vasons ,,,,.. in 1>v"m, Mu.h..l,am..,nl,..,M,r.halSynod.andadl.,.....,l to I>y .VLssi^.s, J)avid Wat.so.i Lung-, Mrl h..r.son. David.son, .M.tJillivay. \Vno.h, an.l Lanskil, h. ..i...h„vn luMidivd and s..v..ntN lour, at Ottawa. Xynod ininut..s pa.vs :!:J an.l :;4. i>'. Ion-. . l>rot..st .... tl.. sann. s.ihj.vt, At pai^,. ., Syn.ul .ni..ut..s lor Xownih..,-, ..,...h„.,.n ' h.n.divd and .s..v..nty-lou,-. I li,.d a pn„..st ag-ainst th,. Svn.,.l .li,s..ussi,r- ,h.. WU...sti.,n ,d' unio., a, a ni....tino. h.ld in violation .d' th.- ( •.n.stituti.,.. Vt' „.,..■,. 14. .1 Syn.ul minufs of Nov..,nl„.r in ,h..sam.. y.a,-. app-.a,. a p.-ot.-st si.n.!^! l.y th.. 1 ..titi.>n,.r and ..,h..r,s, .l-.-Jarin.. that no inaj..rity ..udd taK. IVom tli,.,n th.. ng-hts whi.di tli..y p..ss...ss,.d as ,n..,ul„.rs a.id adh,.,v..,s .,1 ,1... l',vshvt..,T.n huivhol Cana.la. in ...,..n...-,ion with th.. Chur.h of S...,tland. .said p,..>.,.s, l>.-.ng- ,n .•.M.n...ti.>n with th.. th.n prop...s..d union. At pagv 1.; of ,1.,. sani. hyn.>d ..imuu-s is a i,n,t..st hy th.. R.-v. Janu-s Wilson against th,. pn,pos..,l union. In th.- Synod niinut..s for ..ight...... hundivd an.l s..v..nt y-liv.. pa-v o., .. IS a disM.nt against .vrtain .vsolutions resp.vtii.g said Union. At pa.-..';]o"is another d,ss...it against tl... pr.>p,>s,..l uni.>n. At pag.- 85 ol th.. sam' Sy.iod nnnut..s, ,s a pr.>tost sign..d hy IVtitiom.r and ..th.-rs against ,h.. said iv'solu- «..>ns on union. Th.T.. was also a .lotarial prot.-st s..rv..d on tl... Iif,....n,h .,r Juii.., ..,ght....n hu.i.hvd and s.-y.-nty-fiyo, pn-yious t., th. s......d...-s l..ayin... St I aui s ( hunOi, ,n wlm-h i>ro.-.H>dings weiv hdng coiuliu-t..d. oall.^ Q'^';f <»; --Yo" an. a natiyo ol that part of Great Britain an.l In.lan.l called .Scotlan.l ^ Answer. — Y<.,s. •20 40 mr rf. ^ !•;■; \ QiU'.stion Yi)U Will' :iiliiiitti'nil>i'r ol thi' Cliurc h of S(oiluini ill Stittland :• Ausvvi-r. — I h<>ciiini' n iiifiiibcr l>v buptism Qui'.slioii — VVen- you an fldt-r ol' a Chuitli in Sroilaml ' AiiswtT.- -I was. <.^iit>stioii. — VVhiil year i\u\ you loiiu' to ihc l'roviu< .• ol (^ufhi-r ? AnswiT — In (■i^•lll(•ri'i';il ion in Mtdboiiiiif, rrt'.shyliiy ol' Quchcc. r^ucstion. — On what ground wi'ic \ on admitted 1o an fldciship in the ^(, Church ^ Answer. — I was received on uiy certilicule of ehh'rship and inducted without any further procei'dinir Tlie two Churcjies were in niinisieriai and Cliurch coniniunion, that is to say, tho I'reshyterian Church of (.'aiuuhi. in con- nection wilii the Ciuircii ol' Scotland, and tlie Cluirch ol' Scothmd. 1 think I sliouhl explain that the Chur-h ol'Scotiaiul was what is known as a close coniinuniv^ii Chur( h at that lime, that is, that no minister was admitted into the j)uli)il except a minister ol the Church ol S<()tland, or a n'cognized min- ister in connection with a branch ol' that Church; and no communicant was admitted to the Lord's table unless he. or she, was a member ol' the Church ol ..^ Scotland, or recognized as a member of a branch ol" the Churcli ot Scotl.unl. Question. — Ila,s this communion between these two Churches always existed :• Answer. — Always existed. That lommunion was set out in the Synod minutes ol' eighteen hunilred and thirty-three, page 43, in which the Church ol' Scotland declared that members ol' congregations in Canada under the (;harge ol" ministers ol" the I'r.'sbv'terian Church of Canada, in connection with the Church ol' Scotland, sliould be received as members in Scotland ol" the Church of Scotland on producing certificates I'lom the session under whose jurisdiction they were. 8q Question. — Wertf any overtures made by the rresbyterian Church of Canada in connection with the Church of Scotland towards the Presb\ terian Church of Canada, or l)y the Presbyterian Chur«'h of Canada towards the Presbyterian Church of Canada in connection with the Church of Scotland subsequent to the secession of eighteen hundred and forty-l'oui', with a view to repairing the breach that had occurred, and if so, what was the result of such overtures, and what were the reasons respectively alleged for their non- success ? (Objected to as illegal and entirely irrelevant to the issues raised in this case.) .JO I :-:i, !;; ■i: :;; I*?.: :i :".: !•♦! (Objcriinii ri'Hcrvcd by |»tirti«'H.) Ill tho Synod miiiuti'H ol' Sfpti'iiibi'i, ciifliiefii iiuiiilrcd aiul I'mly-fc ur, iiuirktMl H.H.Il, paiff 'lO, ifs a iniiuitc of a n'solntioii of the 8ui(l Synod to appoint »i <'oinn»ilti'(' to conrt'i' wi'' ..oh\- wlto liad s»'ct'dtil' Seothiiul were such tliat tlie com- mittee roiii'luded to hold them as a bar to all n 'i^otiatioiis. In the year lO eighteen hundred and rorty-lbiir the Synod ol' the Presbyterian Chureh ol' Canada ai)pointed a committee to mei ! witli a committee ol the Synod ol the Presbyterian Church of Canada in connection with the Church ol" Scotland with a view oi nej^otiatintj about reunion with the latter body as apjtearM from t lie " Digest of SvikkI minutes of the Presbyterian Church of Caiuida," page •llC). In eighteen hundred and I'ortv-live the committee of the Presby- terian Church of Canada reported ih it th • u.t^ttiati ):is had buiii unsuceesslul, th»' committee from the Presbyterian Cuir -li of Canada in conne-tion with th<> Chun h of Scotland having biu-n dispo-p >sal for dissolving the connection between their Synod and the S ottish Kslablishment, or altering the (b'signa- iioii of the Synod, as will be seen bv reference to page 277 of said Digest, liled us Petitioner's exhibit L.L. Question. — Alter the secession in eighleiMi hundred and forty-four was anything done in the Synod ul' the Presbyterian Church of Canada in connec- tion with the Church of Siotland by way of calling over the names of those who had seceded ^ (Objected to as illegal and entirely irrelevant to the issues.) (Objection reserved by the parties.) ?0 .\ns\ver. — In Synod minutes for September, eighteen hundred and forty- lour, at pages 20 and 21, will be found a statement ol the stops taken to declare those who had seceded in the previous July no longer ministers of the Presbyterian Church of Canada in connection with the Church of Scotland or of the (^hurch of Scotland in (Janada. Question. — Will you point out the page and the minutes of Synod where y onnertion witli the Churrh ot Siothind. in July, eightei'n hni.dred and rorty-lbur, and who had been declared no longer ministers of that Church, or ol' thi' Church of Scotland in Canada, but who had form -d tlnnnselves into a Synod under the name ol' the I'resbyteriaii Churcli Cil' ( 'aiiada, asking that they might be continued in their iillovvances jo from the (roverninenl on the u'round therein stated. At page 412 of tlie same booii is a report made to ili ■ Synod l)y the Moderator, that in answer to the aforesaid meiuorial the memorialists could not be continued in the enjoyment of the (rovernment allowances on account ol the new position in which thev stood. Question.— You arc Mr. Brymner, are you not, who nuide the alfidavit filed in this case on the fourteenth day of March, eigliteeji hundred and seventy-nine .' (Objectecl to as illegal and having nothiuir to do with the issue as raised in the merits of this case). .,. (Objection reserved by parties). Answer. — I am the same individual. Question. — In speaking of your knowledge of the law relating to th.- Church oi' Scotland and to tlie Presbyterian Church of (^mada in connection with the Church of Scotland aiul tlie records thereoi". have vou studied the standard works of these bodies ndating to those subjects ? Answer. — Yes. ('uoss-ExAMiNiii) Without Waivkk of Orikctions. 80 Question. —You have stated in vour examim>tion-in-chief that in the year eighteen hundred and forty-four certain seceders left the Presbyterian <^'hurch of Caiuvda, in connection with the Church of Scotland, and formed the Presbyterian Church of Canada ; where did these seceders mei't at the time of the secession referred to ? Answer. — They met in Kingston, Ontario. Qu<'stion. — Were not said secvulers in a minority of the said Church, and did they not leave the said Church without pretending in any way thereafter to represent the said Church ? Answer. — Before any vote was taken a protest was entered on the ninth Ui 'i I 9S ol" July, eif^htc'ii hundred a»d rorly-tbur, that no matter vvhfth.T a majcirity should decide or not to ehange the designation, tit). • or •■onstitution of the Synod, or Church, or of the relations thereof to iIk- ('hunh of Scotland, th^t any majority attempting' to do so would be act-ng unconstitutionally and iil'ra vires, and that thoise wht) remained in connection with the Chunh of Scotia. id. he they lew or many, would remain and .ontinue to he the S . nod ol the Pi-es- bvti-rian ("hurch of Canailvi. in ioiin''cti(»n with the Church »" ^'c(>'.land. r id tmjoy all the riiihis and privileges belonging to the .same, as will be fouiid in Synod minutes for July, eighteen hundred and fort v-four, page 22. As a mat or oi' fact, tliose who sece de«l w e re a mi n ority . Thi'y did claim, howi-ver. to be entitled lo hold the property of the Church from which they had just seredcd Que'retend t( claim, after so leaving, that they wire the Presbyterian Chun-h of Canada in connection with the Church of Scotland ? Answer. -Their whole claims are found set out in their organization, and a protest lodged previous to leaving, which will be found ;it pag''s 2. ;5. 4, and of exhibit J. L.. liled in this case. Question. — "Will you kindly answer my question yes cr no? .\nswer. — I can answer no further than I have done. (Question.— ISefoi*' the said s"ceders. of whom you have spoken, left in eighteen hundred and forty-four the said I'resbyti'riaii Church of Caiieda in connection with the Church of Scotlaml, were they in a minority or in a majority of the said Synod ? Answer. — IJeiiig deieated on a motion to sever coiinectioii with the Church of Scotland t hey were in a minority . Question. — Consequently it appears that there is no analogy between the « ase of the seceders who went out in eighteen hundred and forty-four from the I'resbyterian Church of Canada in connection with the Church of Scotland and the seceders from the said Church represented by the Reverend Robert Dobi<', the Rev. (ravin Lang and others who went out from the said Church in the year eighteen hundred and seventy-five ? Answer. — In the first place I do not acknowledge that the Rev. Robert Dobie and the others were .seceders ; they remained in connection with the (Church of Scotland. The other part of the statement is a constitutional »luestion which must be solved by the Judges. Question. — The Rev. Robert Dobie and the others who dissented from the re.solution of the Synod of the Presbyterian Church of Canada in conne. - lion with the Church of Scotland, passed in the year eighteen hundred and .seventy-five relative to the union in question in ihis cause, were in a minority 10 30 ^ J(» i ij-i '3,1 . I ^ ■^. f 99 of the said Synod ol' the I'n'.shytcriiUi Chuifli ol' Canada in conni-riion with the C'hurcli of Scotland. wtTc they noi ' Answer. — Tl^u'y wcif a nijnoriryj2L .tli(' Sym >d. Question. — Were they in a minority in I hi' Cluirrh :* .\nswt'r. — Tht' Cliuri-h is loniposcd of tlu' wliolc hn t'<'(di'siastiial ami spiritual a Hairs of that hody. Qut'siion. -W-'rt' they not in a minority in tin- \vln)ltu('hur(h. on the oath you have taken ' ^ .Answer. — From the very liest information it is possible to lict. the jq (juestion is not yet determined. Question. — Those sceeders in eighteen huiulred and ibrty-four, alter leaving the l'resl>yterian Chureli of Canada in eonu<'etion with the Church of Scotland, orufanized a Synod of their own. did they not ? Answer. — Th(>y did. Question. — .\nd they > ailed themselves the Presbyterian (^hunh of Canada ' .\nswer. — Yes. Question. — Then as a matter of fact, seeing that after leavin*;- the Pres- byterian Ciiurch of Canada, in comieition with the (^hurch of Scotland, they .-(| set up a Synoil of their own and called themselves the Presbyterian (Miurch ol / / (^anada, is it not tru' that they did not i)retend to be the Presbyterian Church /^ / of Canada, in connection with the Church of Scotland ' .\nswer. — Perfectly true. They set up a hostile, separate and indepen- dent organization, and Turthel'. they changecl th(* obligation to be taken l)y ministers of the Church of Solland and of the Presbyterian Church of Canada in connection with the Church of Scotland at their ordination iind induction. Question. — What do you mean by the term sei'ession whiih vou have used in your examination-in-chief on several occasions, with relerence to anv- body seceding from a Chun h :" ;iO •Answer.— Those who seceded from a Church are those who sever their connection with it and chanjfe its terms o\' communion — change its doctrine>. Question. — You say in your examination-in- you attended n)eetings of the Synod ol'the Presbyterian (^hurch of Canada, in connection with the Church of Scotland, in a represen- tative capacity. .Answer. — 1 could i ot be quite sure ns to that p>'nt. I was an elder in St. (rabriel Church. Montreal, down to the year eighteen hundred and seventy- 40 f / ill I i 1=1. 100 f uvo. The lir.>.| iiici'tiiiu- ol' Syiioil 1 iitlciidi'fl was in .•i^■ll^•t'll liiiiidriMl :in'ation now ' .\nswer — I do not. '^ue.-iion. — Ilow does It happen that in the minutes whicli ha\e 1 10 '' / )een liled in tins cause hy the Ifev (!avin Lan2'. who was examined in your pres- ence, marked Zl. you appear to he takiui; part in movinu' resolutions as a memher ol' the i)i-etended Svnod relerifd to in said minutes, if vi)U had no ■hurcl 1 courts autlioriiy to repres 'iil kirk ."-essions m .\nswer. — .Vccordinii' to tlie laws and practise of the I'reshyieriaii Church of Canada in connedion with the Church of Scotland, any memher of the Chundi occiipyinu' a [losition eitlier as minister or ehh'r can he called npon to sit and d(diber;ite widi the Synod It is the invariable practise, I had a. pei'iect riii'ht to move o '20 r second a resolution That is the practise: there i s )io law on the suhjeci Under such pi'actise I. hein-ular member of Svnod. to take part in the proceediny's of Synod and 30 to nu)Ve resolutions !* .Vnswer. — I will show vou the practise. In ein-hteen liunrass. then a minister in Prince I'Mward Island beiuir pn\sen t at the Svnod of the rresl)vterian Church of Canada in connection with the Church of Scotlaiul, was asked to sit and d.diberate with the coiut. and I find him sei oiuliny a resolution in re<>ard to the commutation i'utuls. Question. — Is that all you have urr -To-morrow i.iorniim- I will supply all tlir iniorniatioii. 10 qurstioM -Is it uoi iru-that no our who is not a r.-'ular mmibM- oi Svn.Ml a.ror.Un- to tin- laws and prartis.s of .h. Pn.sl.yt.rian Chur.h ol" Canada in .■onn....tio*. with ih.. Chundi of Scotland, that is to say. an .•I.Im n-pn-s..ntin- a Kirk session, duly app..int,.d. has any ri-hl to takM'^'>> ". th. .,,0 v,..lin-s ol Svnod, mow n^sohilions and !»■ appoint. -l on roninntt....s unloss „ 1,. ,iMl h.. is .■.•orr.su.mdin- m..ml..-r o| Synod, surh as Dr. Snodgrass. whom you have nd'crrrd to, was f .Answ.'r.-Thr pra.tis,.. so far as I know it, is that tho.s.. who ap. pn-smt. wh..tii.'r tlu'V iMdon- to ;hr Chunh or not. ministers and .ddors n..t only of tin' l>n.sl,vt..rian"';hurrh of Canada in in.Mti.m with th- Chun h ol S.oth.nd, ,,,, ,„^, „i' ,„i,,, ChunlH.s. hav.. l.-n n>p.-at.'dly ask-d to si, mul d-dihorat. with the courts. , , 11 . Qu.'.stion.-ricas.. answer my qurstion H.yond sittm- ;u.d .l.lih-rat- uv hav.. th.. persons ndrrn",! to in th>' last pr.Mvdin- ,iu..sti.>n. that is to say. thus., who an. not n-ularlv appointed memh-rs of Kirk s-ssions or who an. not rorn.spondin..' m.-mhcrs. any right to m..v.. resolutions or 1> ■ ai.po.nt..l on conn.intccs of Svnod ' r 1 1 Answer. -That (luestiou has aln-adv been .-oven-d by what I hav said. that to-morn,w inornin- I will give all th • inrormalion on that subjeet. Question.— Then just now you .-1111101 aiiswr that question ^ Answer.-l .•aiinot IVom the books uiiswr it at this moment. Question. -.\r.. sueh ni..inb..rs. who ar.- m-.n-lv asked to sit an-i deliberat... eiin'r-'d upon the rolls ol Synod as forming part .d' the Svnod ^ Answer.-Xo; but th.'ir nann-s are .■nten'd as havinu' been a.sk.-d to si, and deliberate simply. ■ ,. Que.stion.-Sinee June. eight,.,.n hundred and .seventy-five, the date o. the union, what Chunh hav.' you attended ;■ Answer.-I hold a pew in St. Andn-w's Chunh. Ottawa. I hav.. attended that Chur.h and other Churches. ;;o Question.— What other Chureh(.s ' 40 Ft^P ',i. ■' • H'^ ^' ' . ■ hH "'^'>"' ' I !^ ^.; r ■ I... ■■■ i "■ -HH 1(»: f Answfi I have been in tin Inibit of iitleiidini,' iil linn-N (he sisjt-r rhurch ol' I'Jmliind, haviniL! Ix-rn tlrivi-n (Uit of my <»vvn Cliunh by ihf Chunli b('in|,Miikt'n possession oi ])y ihe IVesbyler) ■ Chunli in Ciinada (Question. — Wliat Climeh do you attend as a reijular thing from Sunthiy to Sunday ' Answer. —I am ol'tener i i I lie sister (Miureh of England than any other. Question. —-Do you hold a pew in any other ('hureh but St. Andrew's Church. Ottawa ? Answer. — No. (Question.— Who is the minister oi that ('hur
  • i inu- that yim aiUM-ur in th.- Synod ii innt.s, wlii.h lilr.l \>\ the U.'V (lavin Lan-j;', inark.'d Z-l. a^ h.'inj,' appoinl.'d »u cvilaiii niitlci's (»r said Svnod :* Answi't. -- Vf.x Question. — 1><) yi'U i»r ■lend I hat, \u>\ Ix-in'f a in'-nib.-r of snid Synod and h.-in"- only askrd to sit and d.'lil).-iatr, you had any ri'4lil a. »rdinointnieni as a niend)er oi' siieli (Question. — Tiien you ac coinniiitee was an irreyaihirity \„>,\v, ,,.__! ,1,, 11, It admit it was an irreguhniiy What 1 rouleiid is. •ven ir irr.'iiuhirities wero conuni Ited. tho.se irreouhirilies wouhl ni t aii'e,i tlie rii.his(.r the members and adherents ol' the Presbyterian < 'iiureli of Canachi 1» the (Miureh of Seothmd and lher.'l»y cause iheui to lorleit -Then can you show any hiw ol' theChunh to authorize your in conneeiion wit their civil riiilus. ointment as a nn ■ml)er ol' a commi tiee on bills and overtures when vou were mert ■Iv asded to sit and deliberate \„>^^vev.— I am not aware that there :« any law on tin- sul)ject In nces it has been provided that Church cotirls ni'iy 'Xtraordiiuirv circunista depart from tlie ordinary rules when exig.'ncie> demand it. (Jueslion.— In what way may they d.jpart from ordinary rules, according to tlu ir own free will :" .\nswer. — No. accordin to th e sreiu ■ral laws of the Churc!; Question. — Show me those laws ^iisvver.— The form of Chunh government, fornii)j'4- pari of theConles- Kion of Faith, provides at page lOo of the form of Church government iin Act of the (Jeneral As.sembly of tlie Church of Seotland passed in sixteen hundred an d foriv-live, and whiili" .still remain.s in ioree, that even in so .seriou> a mat- ter as the ordaining of ministers ordinary rules may be departed from in 'Xtraordiiuiry cir< ums tances, as appears from the from of Chureh government f Faith, and which I now produce and lile bound up with the Confession o marked Z-4. Question. -This form of Church government you have spoken of is the 40 ^ . If, f '1 ^ J. \' ) ■ 104 * ■1*11 lonn ol ("liuifh •^•ovi'iniin'nt :i<1o|)I(m1 l»y thf A.ssi'rn})ly ol' tli' Clmrrlidr SrotliUiil, is it not ' Answer. — Vfs. <^in'si ion. — Is thai iill you l);iv<' to sli(>vv us law on the sul)'iMt ' Answer. — Tliat is all I have to prodnci-. Qiu>stion. — You have ^la^■(l in vour I'xaniination-in-eliier that on tie lii'teenthol June, eiii-hte Ml hundred and seveiit y-Hve. iil'ter ^[r Cushiny h;id delivered a notarial j)rotesi to the Moderator of the >'ynod th,ii meeting in St. Paul's rhureli, Montreah a number of members of Svuod left tlic (Mniron and left hidiind lliem some members and ^ome strangers ; will you be kind eiiougli 10 to state how manv ministers of the said Svnod of the l'resl)vterian Chuieh of Canada in eoimertiini with the Chur.li of Seotland then isseuibled renia ined Ixdiind in St. Paul's Chureh and did not go with the majority to e( nsumm ile (he union which is in question in this cause :" Answer. — 1 could only slate iVom memory, and I would not like to charge mv memoi'v with ii at this date ; and there is no r <-ord of iliosi' who remained Question. — State it from m emorv .V llsWer. -I cannot !ell exactly. I think there must have been seven ministers and either two or tlii' ee eldi ■rs : I would not be sure which. 20 Question. — Will yon give the names ol the said ministers ? Answer. — 1 cannot, really; ))ut I could give some of them — those who signed this document contained al pages ■]ri and ■)>> of Svnod minutes of «'ii>'hteen hundred and seventy-live — namidy, liobert Dobie, Wm. Simpson. Jiobert lUu'iiet, David Watson, AVm. McMillan, Thomas ^IcPherson, Roderick McC'rimmon, John Davidson and John McDonald. These at least were presi nt. '.Hiestion. — llow many of these were '^linister.s ^ An.swer. — S even . Question. — Which of these were elders? .\iiswer. — Win. McMillan and ]i()deri<'k McCrunmon. Question. — Do you know of any others, members of Synod, who remained behind ? Answer. — I do not. really. Question. — Now, to the best of your knowledge, is it not true that no other members of Synod remained behind on the lifteenth of June in St. Paul's Chunh except those who yt)u hav<' just mentioned ? Answer. — Well, to the best of my belief, it is, but I vvoidd not be positive. 80 40 1 Its i ■'f ■ ■■% f 10/i m QmiKtimi Do you not Uiiovv, as n iniillfrol liut, ihat lln- Kt-v .1 S Mulliii iilso n'liiiiiiK'd bi'liiiid ami arttiwiiid.'s It'll ' Aiisvvrr. -Till' Rev. .! S Mulliu wi-nl iiwaj witli (h*- otliir hiMcdt-is oiii of ihi- <'liur(|». Ari.T llif Modnalor liiul lak.n (lie chvir 111.- lu-v. .IS Miillin (■•■I uriiifl and made some oliji'iiion as to I hi- Ic^^alily ol a prolcst lod<>i'd tli«- ni^^lil l*il'i>ri', oil tin- ground that a nii'inht'is ol SyiKxl ' ^^ •-'X-'^l^^ .\n.svvi'r To ilif ht'Sl ol niy knowlfdtfi' Ihat niinihtT did not n'lnain.^^^'wJSjiji^^^^ r^ui'stion. -What Ihfii tlid liiosf who ii'iiiaiii'il hfhisid profffd i'» do ' .\nswfr. — lia\in^' hft-n h-ll hy a lai'i^c iiunihtT '»! tin- mt-nihiTs dT Synod, ihost' who ri'inaiiifd lii'liiml iiincffdfd in aifordantc with thf la,w> <»! t hf ( 'huifh lo appoint a Modi'ialor tt» lonl inuf thf husiiifSK. In thf iriliial .,/> stall' ol the Church thf Mtxlfralor fii'^iii't'd in prayiT lor ihf Diviiif t,'uidan<-f Thf Mixlfralor was thf RfV. iiohfit Dohif, I'l'liiitjinT in this lausf, who had |)rt'\iously hffn a Modt-rator ol' thf I'rcshytcrian Churfli of Canada in foniift- tion with ihf Churfh of Sfotlaiid. llf having doiif so, thf nit'inhcrs of Synod thfu pit) dfd tocontinuf tht-husiufss wlii'h hud hfi-n l)"'^un in the inorniny. Thfy fontinufd until iln-y tlosfd thf husiiifss and adjournfnrusion. and thfii' was sonif talk ol' a[)pointiii:i.— Did they appoint a dork ' AiiH\vc'r.--Th<'Y iippoiutod a rlcrk pro tenijiorc, ili.' K<'\ . KoJu-rl Buriu-t. Qut'stion.— I'n'vious, is it not irm- that tin' Synod of ih.- rn'shyt'-rian Churdi of Canada in .onnection with tlio Chunh of S 'olland hud passfd a rosolntion ivsolvinj,' lo adjourn tho said mectiuir oi" Synod to thf Victoria Skatiiig Kink, Montn-al '. Answer.— Tht-y liad, and under two prol.'sts. one from individital ineinbers of Synod and one from the notary. Question.— Nevertheless, is it not true that the s;iid Synod of ihe Pres- byterian Chnnh of Canada in eonneetion with the Chureh (.-f Scotland did lo immediately, previous lo the appointment of the Kev. Robert Dobie, as you have heretofore stated, under authority of said resolution, adjourn llie said Synod to the said Vi.-toria Hall or Skating Ki)ik? Answer — A numb'r of menil.* rs of the Presbyterian Church of Canada h the Chuit h of Scotland left St. PauKs Church. Personallv in connection wit I do not know where they went. Thej wen tion of <>'oins»- to the Skating Kink t, I understand, with the intt'n- Question — Were you not present during the whole day at the meeting of said Synod of the Presbyterian Chureh of Canada in i)ti'(lal yi'^terday'-v • (lift, to lorni the Prt'sbytciian Churcli in Canada." Answer.- It is true that a narrative is given liere hy the Clerk ol' what took phue. aceordini-- to their view, ])ut the Synod did not adjourn ; a number of memhers ol' tin- Synod adjourned. Question. -Nevertheless, ran you deny that the said resolution of Synod to adjourn was passed and earried l)y a large majority ^ .^„^\v,.r.— 1 can only stale what I have said helore— it was earned under protest, and also in tlie laee ol' a second or iU)torial protest which is not lo recorded in the minutes of Synod That is the notorial prot.-si 1 liave already spoken ol' served by Mr. Cushing. 'Question. — (.'an you denv that it was w ith a view of following up tin said reso lution to adjourn to the Skating Rink ilnii the majority oi' member.^ o sau I Svnod went to the Victoria Skalint Kink on tie- lifteenth of June, eighteen hundred and seventy-live ((Objected to, this being a ([Ue auiiuation canno ■;tion upon wliicli tlie witness under ex. t siipi)ly the h 'st testimony, the obj-n-t ol tho.-^e so leaving the St. Paul's Church ))eing capable of being best proved by tli^mselvcs) (Objection reserved by parties). 20 .\„s\ver.— Tersonallv. I do not know. I dtcline to say anything about It. i^uestion.— You simply attended the meeting oi' Synod at that time as a spectator' .nswer. a mem ber of the Presbyterian Church of Cana'.bi, in con- nection with the Chur.h of Scotland, ami one deeply interested in its preser- ^^^^^ vat ion. Question. — You were not a member of Synod, 1 suppost. ^3t^ lllSW er. — -I was not. Question. — What congregation did you belong to then, on the lifteenth ;^0 of June, eighteen hundred and seventy-live? \„,,^vver.— Of St. Andrew's Church, Ottawa, the .•ongregation I have already spoken ol. )e- Question. — After Mr. Dobie was appointed by those who remained 1 hind in St. Paul's Church, to the chair, did those present transact any business at all, except to adjourn ? Answer.— The minutes contain what was done I know there was businei doi»e, but I must look at the minutes to see wiiat it was. Th e min- utes. Petitioner's Exhibit Z1, show what was subsequently dom ■10 ■) , , i & lUS 1 r i Qui'.slioii. -You in«'!iii tlir luinmcs nmrki'tl Zl. lili-tl h\ tlic U-'V. Giiviii Liui'j- in tliis must' .' Answer. — Yes. Qu.'stion. — In it not a lact ihal those niiniUfs jmrpdrt to Liive the minutes of llie Ai'ts and Proeeedinys of the I'reshyleiian Cliuri h of Canada in ■ (»nnr(- iii)n wiih ill ■ (Mmreli of S.-olland durinii' the whole of the lifteeiiih day of .lune. eiuhleen hundred and seveniy-li\'e, even hd'ore the time when the inajorii V oi' the niemheis of Synod adjourned to ihe said Victoria Hall, and to the s.^essioii and what was done afterwards. (Question. —Who was the clerk of the Synod which met on the lil'leenlh of Jiiui'. eii^-hleen hundred and seventy-live, in the morniii'..:' .' .\nswer. — The Reverend John Mackerras. Question. — Then had the Reverend Rohei'l liurnel any authority to n-cord the minutes of the said Synod, ami siun his mime as iderk of the proceedini's of said Synod re''eded that secession. Question. — You mean that he was authoriz'd hy the ten men who r.'inained ludiind to give a narrative of the i)roceedinu's of the said Synod ! .\nswer. — I meair that he was authorized by the Synod of the Presby- terian Church of Canada, in connection with the Church ol S 'otland, to do so. Question. — You mean after the majorith had lelt to go to the Victoria Hall ! Answer. — Y''es. Question. — Then as a matter of fact tliere were only niiu' men who authorized him so to do? .\nswer. — I refer to my previous answer. Question. — Is it not within tke power of a Church Court, to wit. a Synod of the I'resbyteriaii Chur(di of Canada, in connection with the Church of Scot- land, to adjourn from oiu' place where it holds its Kession lo another ? Answer. -I am not aware that it is. Question. — ^Are you aware that it is not .' An>iwor. — I am not. I may mention, however, :i.s a matter of fact, that 10 V -'-'■> / ^ m c I 109 llu' Syinxl iif tin- rn'shytt'riaii ('luiiih ol' C'anuila, in foiiiit'ition with the Church ol Stothiiul, did iidjourii in Juiu'. oighttM-n iuindn'«l and iSfV*'nty-four, to meet in Toronto in Novcuihor ol" thf same year. Question. — You have stated in your exaninulion in thief thut there are at present ten ministers, three missionaries, and three retired ministers eon- neeted with the chur.h vvluih you say you beh)n!r to, and vvliich Mr. Dohie the Petitioner, ( laims lie belongs to. and whirli you eall the IVesbyterian Church of Canada, in connection with the Church of Scothmd. will you be kind enouii^h to ^ive me the names of the said mini.sters and missionaries ' Answer. — llev.John Davidson, Rev. John McDonald, Rev. David Watson, Rev. Robert Dobie, Rev. John MoHatt, Rev. Cravin Lang-, Rev. A. J Campbell, Rev. Robert IJurnet, Rev. William Simpson, Rev. Thomas McTlierson, and Rev. Hutrh Nevin. The three last onen are retired ministers. The missionaries are Rev. Mr. Hutchinson, R<'V. II. D. Steele, Rev. A. Shand and Rev. Mr. Fuller. Question. — The liev. Mr. MoH'att whom you have mentioned, was he one of the ministers of the Presbyterian Church of Canada, in connection with the Church of Scotland, in June, eighteen hundred add seventy-live, at the time of said union '. Answer. — 1 really could not tell you. Question. — Was the Rev. A. J. Campbell a minister of tht? Presbyterian Church of Canada, in (I'unectioii with the Church of Scotland, on the fifteenth of June, eighteen hundred and seventy-five i Answer. — No, I think not. Question. — He has been brought in since, then '. Answer. — He was admitted by ordination since. Question. — The Mr. Shand whom you have mentioned as a missionory, was a missionary of the Presbyterian Church of Canada, in connection with the Church of Scotland, on the fifteenth of June, eighteen hundred and seventy. five i Answer. — 1 believe not. Qu'iStion. — Mi. Hutchinson and Mr. Fuller, were ihey missionaries of the Presbyterian Church of Canada in connection with the Church of Scotland, on the fifteenth of June, eighteen hundred and seventy-five ^ Answer. — 1 think Mr. Hutchinson was, but 1 am not sure. Mr. Fuller was not. Question. — So that as a matter of fact there, are only at present adhering lo the suid Rev. Robert Dobie. and those whom he represents, seven ministers and three retired ministers who were ministers of the Presbyterian Church of 10 20 ao •10 3MAGE EVALUATION TEST TARGET (MT-3) i ^ A // 4b :& ks /a u 1.25 l^|28 125 1^ 1^ 12.2 i -- IIIIM ■WUI. 1.8 U I1IIII.6 A c%. "^ / ^' '^ y ", ' I- ■'•■: 1 jn S .'J> ■•>■ ^ ■ I lil 110 Ciiiiadii, in coimectioii with ihc Chun-h of Sfotlaud, on the fifteenth day of Juno, t'ightcon hundred and sovt'niy-fivo, tin* dati- of said union ' Answer. — Apparently so. Question. — And one missionary that you are sun- of, wh(j belonged to the Presbyterian Church of Canada, in tonne -tion with the Church of Scotland, at that date ^ Answer. — Yes. r^uestion. — You have stated in your exanunation in chief that to the best of your belief there are at present between thirty-six and forty congrega- tions in connection with the PetitioiU'r, Rev. Kobert Dobie, and what he ilainis l(i to be the Synod of the Presbyterian Church of Canada, in sit and deliberate. At page 48 of said Synod minutes I lind that the Synod exi)ressed their indebtedness to the Rev. George M. Grant, Halifax, • for the • valuable services which, by his wise counsels and stirring tdoquence, h" has '■ n'udered at the important deliberations of the present meeting." I find at page 49 of the said minutes that Rev G. M Grant moved, seconded by Mr. iO m I'M ■V.:'-i- I'' w^r im; P 11:5 MacDoiiell, a vole of thanks to ccitain particts. 1 have now hcfori' me a un'moraiidum coutaiiiiiig dates and pagos taken I'rom the Synod minutt-is HBB, from the year eighteen hundred and fifty-six down to the year eighteen hun- dred and seventy-five, showiiig that ministers and ehlers of various ('hurehes were asked to sit and deliberate, which dates and pages 1 am r*'ady to give if required. Question. — Is it not true that Rev. Dr. Snodgrass, whom you have re- ferred to, was a corresponding member of the said Synod, jiiid that as such his name appeared on its roll as a member thereof? (()bje9 ■Al , X .'■ ( Ji: 114 t^u.'stioiiN undiT (liM'Ussioii. As to 1) -ill!,' in.'inbi'rs oT Syiuxl. il i^frtiiin.y did not iiiyoivt' that. '^ (Question.— Do the minutt's liU-d by the Itov. Ciavin Laiij,' show th number of <()n'atioiis yon havf n'tVirt'd to '. Answt-r. — No, I believe not. The Synod of the Presbyterian rhnrch of (Janada in eonnettion with the Chur.h of Scothmd .iaims .Mch'siastieal Juris- diilion over all the coiiLiTegations vvhith were in existence and in conneetion with the said Synod on the lifteenth of June, eij^hteen hundred and seventy- live, whether they went into thi' union or not. Question.— You cannot nive the names then of any other conf;frej?ations 10 except those you have Just mentioned^ Answer.— Thesi' are some of them. I do not remember all the names ; as I said yesterday. I am not th.' Church agent. Rut there an- a number of others. Each missionary and each niinister has on an average charge of about three congn-gations. Question.— The congregations you have mentioned. 1 suppose, did not go into the union in eighteen hundred and seventy-five, since you claim them as belonging to Mr. Dobie and his friends :" Answer.— There are con liregat ions which have been deprived of their Churches on the grounds of the Acts of Ontario and Quebec, called the Union 20 Acts. Some of them are worshipping in school houses and in other buildings, having been obliged to yield to force majeure. Question. — The congre<>aiions you have mentioned, I suppose, did not uo into the union in eighteen hundred and .seventy-live, sin.-e you claim them as l)elonging to Mr. Dobie and his friends ? Answer.— The particular congregations 1 have mentioned aiv> composed of members and adherents of the Pre.sbyterian Church of Canada in connection with the Church of Scotland, whether the particular Church building iii which they worshipped at that time was taken possession of by those who Of) seceded or not. Question.— I did not ask you about the Church buildings ; I asked you in effect whether the congregations you hav»! mentioned did or did not go into the union in question in this cauise ? A„jn there loiuposcd ol laeiii- l)ers ol' ilie (rait <()iiu'rei^'ation, still holdini;' conneition with the Prt'shyti'rian (."hurch ol' ("aiiada in conneclion with the Church of Scotland. • Question. — Xevertlieless, you stated a niiiiuti' liu'o that the ''oniiM-eiial ion at (Jalt. which vou claimed was the sanii; coiii^'regation as was on the roll of the Synod of the I'reshyterian Church ol' Canada in connection wiiii the Chiircli ol' Scotland on the lll'iecnth ot June, eig'hteen hundred and sevenly- live; now you stale you do not know whether that c(uii;-reyatioii went into [q the union o:- noi hy vole ; iiow do you reconcile vour two statements ! .Vnswi'r. — The 1 wo stateiu'iits are i)crrc<'lly <()nsistent with each (ii!ier. Question. — lieCore the iii'teenth ol' June, cin'hteeii huiulred and scveiitv- hve, was there atiy con^'reuMi ion al Collinq'wood on tlie rollol'th" I'reshvterian Church ol' Canadii in conneclion with the Church oi' Scotland ? .Answer. — The coiiii'i'cu'alioii al Colliiii>'woo(l was known as i he conu'resiM- tion ol' Eld »u. .Vs a milt 'r of couvciijcn c, when ili;. iii.\v Church wis to he built, ihey huili it in the Town i)l' Collinu'wood. sliil retaiiiinu' ihe Cliurch in Eldoii. Question. — IIow lar away is Kldon Irom Colliiiijfwood :* Answer. — I could not tell you. <^)uestion. — Is it over a huisdred miles ^ Answer. — No, 1 think not. l''rom what I am told by tlie elders tiiere. it is <[uite (dose. Question. — So that there was no Church at Collingwood on the fil'tei'iith of June, eiii'hleen hundred and seventy-live, in connection with the said Church > Answer. — There was no (Miur'.j\vood i" Answer. — I have told you to the best oi" my rccolh ction. Question. — You do not knowj I suppose ? .JO 20 'It ■ ti.i 117 : 1 AusvN'cr. — 1 b»^li«'Vt' no. I may be mistaken as to the naiuc but at all events the roiigregation ol the same township in which Collingwood is situated was the < ongregation whieh built the Church at Col ling wood. Question. — Do you claim to have a congregation at Toronto? Answer. — No; ii we could get a minister we would have one. (Question. — I suppose you have no personal knowledge as to the congre- gations you have spoken ol'. as to whether they have Kirk sessions, lor instance. in every <'ase f Answer. — Well, there seem to be regular returns made to the Synod of representative elders I'rom many ol' many. 10 Question. — 11'. then, regular returns are made to Synod from many of them, can you not sliow me from the minutes of Synod how many returns from such congregations are entered on the roll of said minutes ? Answer. — I cannot. (.Question — Why not. if they are entered ? Answer. — Hfcausc; the minut«'s will sh^w. Question. --Did you not say a little while ago that the said minutes would not show the congregations which you claim as bi'longing to what you call the Synod of the Presbyterian Church of Scotland ' Answer. — My last answer was: the Synod minutes will show all 1 can fiay on the subject. Question. — I se*' on the said minutes produced by the Rey. (lavin Lang as Petitioner's exhibit Z 1, at page 3!>, that the name of Mr T. A. McLean is entered on the sederunt as being a member of Synod ; ^ f A ', ,1 ;■ ^"^ n,,. r- '" ■^'. . [■■■' •■ ■^' 11!» i i 10 hundn-d uiul, forty who \va>s n'. QiU'sliitii. - I suppose you aiv iiwaic why lln-y went through tlu' loi- inality of n-pfuliip;- it ' Answer. — It was rej)eiile(l l)e(au' i' it, was a misleading (lotiuneiil, and liad been made use ol' to damau'e the f'hureli. (^Un'stion. — Tlieii. is it m)l true that the ('hunli ol' Scoihuul in Seoihind (laims no jurisdiction (-ver the said IMcshyterian ("hurch of Canada in eoiinee- lion with the Church ol" Scotland, and that the said last mentioned Church is H free and indepeiuh-Ml Chunh ? Answer. — The Church of Siotland < laiuis no authoritative jurisdi'e ■}•) oi Synod minutes. lOxhi- l)it .'{:5 for the yt'ar eighteen hui dred and fort y-l wo. hy whii-h the Chunli of Scotland (h'clares that she has iransl'erred ihi' direct superintendeiK'- ol' the natives of Scotland. niem))ers of her Chur'h, to the Synod of the I'reshyterian Churcli of Canada in connection witii '.he Church ol Scotland. de- a dose and intimate, thouu'li voluntary, connection. That is tln' last con.>iitutioinil declaration we iiave. it was ujion the ;rn)und of this liiat t!ie llev. Dr. Cook and a deputal ion went to Scotland, in eigliteen hundred and seventy-live, to obtain the appioval i>[ the (renerai .\ssembly for uniting- with other ecclesias- .q lical bodies 'I'he report of the dei)Ulati(Hi to the (.renerai Asseml)ly of tin- Church of Scotland is to be found at page 0!» of the .\ppendix i'or the year eighteen hundred and seventy-live of the said Synod minutes 1)1)15. (Question. — If the said Church of Scotland has in'-er claimed any au- thoritative jurisdiction over tlie said Synod, has she clainn-d any juri-idict ion at all. and ii so state what :' Answer. — Yes, n'pealedly, and I'xercised it. In I'ighteen hundred and thirty-lour, as aj)pears at page Gt) of Syiujd minutes l»HH of that date, is a refusal on the i)art of the Colonial Committee of th.- (leneral .Vssembly of the Church of Scotland to allow its branch liere to rei-eive a preacher from the 30 Congregational (.'hurcli. which refusal was acknowledged as binding by the Synod of the said branch. Question. — That was previous to the passing of the Dt^daralory .Vet of Independence of eighteen hundred and forty-four? Answer. — In eighteen hundred and thirty-live, as appears from an alli- davit by the Rev. John Cook. »»f <.^uebe.', liled in this cause, he depo.ses that he was ordained and inducted by the i;re.sl)ytery of I)uml)arton, one of the Courts of the Church ol Scotland, to a Church in Queb.'c, and that upon such ordina- tion and induction he entered upon the ministry of that congregation, and was received as a member of the Presbytery of Quebec, as one of the Courts of the I ' 1^ 7. ■< ■M 121 fl I'rosbytt'riaii Church of (\in!i(la in (•((iiUfi-tioii with the Churrh <»f S<'otluiii|Lfhti'<.Mi hundnnl urn] forty-lour. th>' Synoil of (hi- Preshylcriiin Church ol' Canada in connection with I he Church of Scot hind presented its claims, as being in connection with th»! Chunh of Scothmd in Scnlhind, to the heneiits of the Ch-ri^y Reserves, and received such beuelit on that ground. I can give many more instances, but it is not necessary to multiply them. Question. — Then you claim that the I'resbyterian Church of Canada in connection with liie Cliurcii of Scot hind is a brani.'h of the Church of Scotland for the reasons vou have just sta'ed ^ TO Answer. — In January, eighteen hundred and fii'ty-live, when the com- mutation was autliorixed of the claims of the ministers of tiie I'resbyterian Church of Canada in c(»nnection with the Church of Sotlaml to a share in the Clergy lie.serves, and in eighteen hundred and iiftv-'ight wiien the Act in«'or- porating the Temporalities' IJoanl was passed, the allowances from the Clergy Reserves were claime«l and reeeived by ministers of said Church upon the ground of their representing the Chun h ol' S<'olland in Cunada. Question. — Now, will you tell me what you claim ' Answer. — I nuiintain that that <'onneclion, be it close or not. I'xistsdown to the pre.>ent day with those who have remnined members and adherents of OQ the I'resbyterian Church of Canada in connection with the Church of Scot- land ? Question. — What 1 have asked you is whether you teriiin Clmri'h of Caiiiula iii coniic .lioii with the Cluirfh of S('«»tliiiul |)rt'viou> to ttiid oil th<' liflt't'iitli of June, fightt'fii huiulnd aii(lu('ati>(l, orf Scotland was rtM-eivod as a minister of the Church of Scotland, and declared to be so on api)lication without further examination. (.^uesliou — Is it not true that some of such ministers, who were ordained by the Church hen', on going, home to Siotlaiul and applyinij for induction to parishes there, wi're referred to the committee for the reception of dissenting ministers !* Answer. — I do not know personally about such cases. If there were any it must have been in the interval between one (reiierai Assembly and anothi'r. .>0 Quesrioii. — Then what I uiuh-rstand you to say is, that a minister belonging to the I'resbyteriaii Church of Canada in connection with the Church ol Scotland, who was educated, licensed, ordained and inducted here, . oil going home to Scotland, occupied exactly tht; same position in the Church of Scotland as a minister of the said last-mentioned Church ^ Answer. — lie did so, on applying and being received. The law of patronage prevented the full extent of the conuectioii being carried out. Hut that was a local law which prevented that. Question. — Were not such ministers, on going home to Scotland under the above eircuinstan received by the .same committee which has V^een in existen of ministers of this Church, the Synod of '' c Presbyterian Church of Canada in counedioii with th.' Church of Scotland, there were no examinations. (Question. — Are you positive :" Answ.'r.— I am positive tliai is the general rule, there may have been 20 exceptional cases. Question.— I suppose you were there and know all about it f Answer —I was not there, but I know from th- Acts and Proceedings of the Chunh of Scotland what their practice is Question.— Where are those reports of the Church proceedings ? Answer.— I have some at home in Ottawa. 1 have none here with me. I did not bring the whoh' library. Question.— Look at the minutes produced by the said R'\. Cravin Lang marked Z1, and state why. in the minutes of the meeting stated to be held in St. Andn . s Church, Montreal, on the thirtieth of November, .'ighteen hun- 30 dred aiul .seventy-Uve, it is not mentioned that any rolls were given in, as it is all of the succeeding sessions ^ Answer.— I do not know that 1 was present at the said meeting. Question. -Who <'omi)osed the sederunt? Were they the same men who were present at the first meeting stated to be held on the litleenth of June, eighteen hundred and seventy-five f Answer. — I pn'same so. Question. -Do yon know whit Kirk session Mr. (reorge Broekie repre- sented ? Answer.— Paisley, I believe. 124 Qu<'sti<)ii. — And Mr. Koderick MiLeod? Answer. — I do not know. Question. — Were the said two last mentioned persons on the roll ol the Synod ol' the rresbyteriau Church of Canada in eonneetion with the Chunh of Scotland, on the lifteeiith of June, eighteen hundred and seventy ? Answer. — I could tell only by referring to the minutes. I have looked, and do not see their names on the said roll. 'Question. — Will you look at the Basis of Union, to which you have already referred in your examination-in-chief ' You have stated that accord- ing to ih said Basis of Union it is oi)tional as to what extent persons shall kj adhen^ to the Confession of Faith in the Presbyterian Chunh in Canuda ; will you kindly point out the particular part of the said basis which Justilies vou in making such a statement f Answer. — The statement I made was as to whether it was optional to sign for the whole Confession of Faith or not. and I abide by that statement. It was optional on the part of ministers joining the Presbyterian Ciiurch in Canada to receive th»' whole Confession of Faith, or a portion of it, as set out in the Basis of Union. Question. — Will you point out the particular part of the Basis of Union which justilies you in making tlie statement that it is optional with persons o^ belonging to the Presbyterian Church in Canada, as to whether they shall adhere to the Confession of I'aith in its entirety or not f Answer.— The wortls will be iound at page ,5 of Exhibit VAi, and are these : "It being distinctly understood that nothing contained in the aforesaid " Confession of Faith or Cathecisms regarding the power and duty of the ^Z " Civil Magistratt' shall be held to sanction any principles or views inconsis- • tent in the full liberty of cons(;ience in matters of religion ; '" meaning there- by to indit-ate the dillerent views which existed between the Church of Scot- land and the Presbyterian Church of Canada in connection with the Church of Scotland on tiie one side, and the Canada Presbyterian Church and other 'dO bodies, which the said Synod was asked to join, on the other. Question. — That is your interpretation of the meaning of the words which you quoted V Answer. — Yes. Question. — What are th»' partic ular views that you refer to about the power and duty of the Civil Magistrate and the dilferences between the said two Chunhes on that point ? Answer. — The (\inada Presbyterian Church held the same views with what is called the Free Church in Scotland, maintaining that Churches have a supreme power not only over apiritual. but over e(;rlesiaslical matters even. l(t I'l') it when ilu'Si' latter involvi' civil iiiltTt'sis, which astianisin. The I'reshyterian Church ol' Canada, to wit, the predecessor ol' the Canada Tri'shyterian Church, when it was I'ormed into a Synod in eiifhteen hundred and rorty-lour. adopted as part ol' its questions put to a minister on his ordination the question : " Do you • disown all I'opish, Arian, Socinian. Armenian, lirastian and other doctrines, "" ';/ relern," the word Erastian rel'errin-^ to tlu' dcctrines rei^Mrdinij Church jo it . ■< nl' i ' J fW' h4 iiii; I'oiisriciiiT ill matter^ ttf ii-lii^'ion, as you have alri-iuly >tat(':-dinate ■• standanl ol' this Chnvch T" Answ'T. — I'x'cause the tixpression is a mere pretext for !,fettinmolinii' the relia'ious int'-rests of Si-oitish Presbyterians in the Canadian I)()mini(ui ,' .Vnswer. — I do : the Church ol' Scotland has always wished Crod-sj)eed to all or<>"anizatioiis for the wi>rk of th • ijord, but that (rod-speed does not in any way api>roval to the union Question. — Is it not true that the said G-eneral Assembly <>f the Church of Scotland also stated that while re 'eivini*' n'ith profound conicrn and regret the intimatioi» that on the subject of an incorporating union of Presbyterian Churches, meaning the union in (luestion in this cause, threatened division in the Canadian Synods is endangering the cordiality of thai ci)-operation which is so ess Mitial to the success of the work of the Church in all lands, the (leneral Assi-mbly ilaiiu no title to review the proceedings vvhi'h have issued in that result ? J- oO 40 127 The exumiiiatioii ol' the witneKH was here iidjourii«'ro,ss-examinaiion. and, moreover, as irrelevant to the issues.) (Objection reserved by the parties.) Answer. —Yes. Question.— Did they take the records with them f *q (Objeeted to as illegal and not arising cmt oi" the .ro.ss-examination. and moreover as irreh'vant to the issues.) (Objection reserved by the parties ) Answer. — Yes. Question.— You mentioned Mr. IJrodieS name as one ol the ministers of the Presbyterian Church ol' Canada in connection with the Chur.-h of Scotland f Answer.— Yes, I believe so. Question.— Will you specify in detail which are the ministers of th<' i'resbylerian Church of Canada in connection with the Church of Scotland in the reg\ilar service of thi- Church, which are the retired ministers, and which .>(. are the missionaries in the service of the Church, giving the total number ? Answer.— The regular ministers are Rev. John ) avidson, Rev. John McDonald, Rev. David Watson, Rev. Robert Dobie, Rev Peter Watson. Rev Neil Hrodie, Kev. John Mollatt, Rev. (Javin Lang, Rev. A. J. Campbell and Rev R. IJurnett, making ten. The retired ministers are Rev. Wm. Simpson. Rev. Thomas McPherson and Rev. Hugh Niven. making three. The mis- sionaries are Rev. Mr. Hutchison, Rev. H. D. Steele, Rev. A. Shaw and Rev. Mr. Fuller, making four. Question.— In all. how many ecclesiastics are conm-cted with the regular service of the Church :* 3q Answer— Kourteen ol ministers and missionaries, but besides that, two of the retired ministers at all events. Rev. Mr. Simpson and Rev. Mr. McPhenson, are engaged in missionary work. Question.— Will you state what rights are implied in the invitation of the Synod to visiting people '' to sit and deliberate ;•" Answer,— The rights are what the invitation implies— to sit and deliberate, that is. to take part in the debates and generally to act as members of court without voting. Question.— Will you explain what are the differences between the Church of S. otland and the Presbyterian Church of Can.ida in connection 40 1 ll ';< .: fl :;,. 1 18U with ill" Cliurch t>r .S-otliiiid on th»f oik' sidf, and tin- I'l-.'^bytcriiin Chur.h in Caniida on tli" ulli.'r, with regard to the i>owt'r of thf <'ivil Maj^'istrat.' that you havf n-ifrrfd to in your cross-exaininatKMi, and t-xplain also what you nit-an by the povvf <»!' th<' Civil MajfiMtrutt' ? (()l)jc.l('d to as not arising out ol" thf iToss-cxami nation, and as illegal.) (Objection reserved by the parties.) AiiHVver.— With regard to the first part of the question, the ministers «nd oiIi Presbyterian Cliureh of Canada in lonnection with the Ciiuitli of Scotland with resjx'ct to I hi" said twenty-third chapter of the Conlcssion of Faith, so incompatibh' with ea-h "ther a>; to rendiM a union of those Churches impossibh? without some niodilicavion of the views of the Presbyterian Church of Canada in connection witli the Church of Scothmd ? (Objected to as entindy ilh'gal, irrelevant to the issu-'s. antl not arising out ol the crossM'Xamination). 10 (Objection reserved by the partitas). Answer. — The diflerence betweci the views of the Canada Presbyterian Church and of the Presbyterian Church of Canada in connection with the Church of Scotland were ci>nsidered as .so fundamental that at the time of tlie first secession in Canada, in eighteen hundn-d and I'orty-four, the Presbyterian Church ri'S('nt existing when a minister would be ordained or indrnted in tha Presbyterian Church in Canada, would it be necessary that he should believe and sui)s -rib' to the entiri' Confession of Faith as he would have been bound to do beft)re the said union and now in the Presbyterian Church of Canada in <-onnection with the Church of Scotland ? (Objected to as illegal, not arising out of the years, a witness recalled and examined, by (consent of parties on the part of the Petitioner, this second day of July, eighteen hundred and seventv- nine. who. being duly sworn, deposeth and saith; I have already been examined as a witness in this case. (,>uestion.— Will you state if the Tresbyterian Church of Canada in con- nection with the Church of Scotland still keeps up an olRcial connection with 30 the Church of Scothuid in Scotland? Answer. — It does. Question.— Have you in yeur own po.ssession any letter or document showing the continued existence of that connection ? Answer. — As convener of the correspondence committee of the Presby- h'rian Church last, a Ictt.'i-, till' orit^'iiial of which I now i>rmbly of the ;iM Chureh of Scotland to visit <'aiuida. and this letter is intimating his appoint- ment as deputy to th' Presbyterian Chur di oi Canada in eonUi-.-tion with the Chureh of Scotland. Question.— Did he come to this eountrv ? .\ns\ver. — He has come to this country, and I have here a letter from Mr. Sprott, part of which refers to the 1 Iter that a.'eompanied that p.'tition Mr. Sprott canii' out on the mission referred to in that letter, and in forward- ing .said letter, herein filed as Z2, ti> me. sent in adm himself, dated June sixteenth, in whi h he siys with reference to the purpose of Iiis visit : " I am very sorrv to have missed von h 'r >, as my instructions are to l'> " I'orniiiuniiatc with you as to ih" l»t'st time and plaic lor a lonftTi-iirc with " the iiiiiiistfis of the I'n'sbytcrian Church of Canada in connection witli the ■ Church oi' Scothmd. This is ilic liist article in tny pr <^rainmc." I might l>i' allowed to add that I was not in Montreal at the time of Mr S[)riitr> arri- val, which necessitated his iorwurdinn' instead oi" handinu: t > nie said letter " Z'2. " irom Kev. Robert II. Muir I now produce and iile as Tetitioner > Ex- hibit •• Z:?,"" at cuqiirtp. said letter from the Ut'V. (reorge W. Sprott, dati-d at Montical Juni' sixteenth. Tlu' said Rev (reori^e VV. Sproll is the same person relerred to in thf letter " Z2 " us '" Mr. Sprott," also produced atnl filed by \n*' to-day. JO (Respondents object to the liliiiir of said hitter " Z'5."') (l)bjt!ction reserved by the parties.) I havt- no doubt about the signature at the bottom of lottt^r " Z8 " being Mr. Sprott's signature. Ou()ss-ExAMiNi:i) WiTHot'T Waivi;k ok Objections. 'Question. — Do you know the signal,ure of Rer. Ro])ert II. Muir? .\nswer.— Perfectly. Question. — Have you seen him write his name? oq Answi'r. — I think I have Question. — Was the only mission to (^mada of the Rev. George W. Si)rott tlie one which vou have sj)oken of? Answer. — It is the only mission I have anything to do with. (Question. — Are you not aware that he was appointed sperially by the Assembly oi' the Church of Scotlaiul to visit the Presbyterian Church in Canada ' Answer. — I have no personal knowledge. And further Deponent saith not, and tliis dei)osilion having been read to him he declares it to (ontain the truth ;^G (Signed). S. A. AUIJOTT. Stenographer. Sm HlJOH Al,LAX. of th«' ( ity ol Montreal, of Ravens Answer. -From the tiiiu' of its formation' It whm r<>rin*Ml, if I rcmt'iulh'r rij^lit, a y«'ar or two b» "on* tlu' division of the Cl'Ts^v Iii'st>rv<'s. Question. --('an you state shortly how it was that the Presbyterian (/hureh of Caiwuhi in eonnection with the Chureh of S otluntl receive*! this State aid as it were, aud that the other Preshyti^riau bodies did not ^ (Objected to as illee by Acts n[' Parliament and by virtue of resolutions «)f the Synod of said Church, which cannot be proved by parole evidence, and which have already bv^en admitted in the admissions siijn • I by tli • pirti -s in i(i this cjise.) (Objection reserved by the parties ) Answer. —The original jjrant of the Clergy Reserve Lands, made under Cre()rt small shares. At any rate it was deci into a money allowance. Question. — In this controversy you have referred to, did the Presby- terian Church of Canada in connection with the Church of Scotland in this country take up the ground that it was a bran>^h of the (Church of S otland :' 8f» (Objected to as illegal and not in issue.) (Ci'jt'ction reserved by the parties.) All -wer. — Certainly ; as the only legal branch of the Church of Scot- land, because not under the powers of the Church itself, but as ri'cognized by the Churches in connection with it. Question — I suppose you are aware that in eighteen hundred and aeventy-five a large number of ministers of the Presbyterian Church of (;anad» in connection with the Church of Scotland left it aud formed with certain other people another Church called the Presbyterian Church in Canada ■• (Objected to as illegal and irrelevant) I'l (()l>jt'«;tion rfHerved by partit'N). Answer. — I am awaro of it. (Question. — Not withstuiuling this .scivNsion that took i>la tinuously t?ver since eighteen hundred and seventy-five ? Answer. — Because I have been one of the body myself Qu»!stion. — What are your reasons for saying you have been one of the body ? Answer. — Because I have belonged to it all the time continuously. Question. — Have you any other reason for saying that you belonged to it continuously, except that you have continuously remained in connection with St. Andrew's Church, Montreal? Answer. — l am aware that the organization has continued by repurts 40 :;'■»■■} :m % m 187 from all the different congregations which form part of it, and which, 1 sup- pose, to this day continue to form part of it. Question. — Have you any personal knowledge as to those reports that you refer to 'i Answer. — 1 do not know what the meaning of the question is. What personal knowledge can I have? Question. — Have you attended any Church Courts in any representative capacity since the fifteenth of June, eighteen hundred and seventy-five ? Answer. — I have not. Question.— Arc you perfectly sure that no Presbyterian bodies besides IQ the one you have spoken of, the Presbyterian Church of Canada in connection with the Church of Scotland, received any share of the pro' -eds of the Clergy Reserves money ? .Answer. — I am not sure. And further deponent saith not, and this depo'sitioii having been read to him he declares it to contain the truth. 3. A. ABBOTT. Stenographer. 2b James Croil, of the City of Montreal, in the District of Montreal, aged fifty-eight years, a witness produced on the part of the Petitioner, on this second day of Tuly, in the year of Our Lord, one thousand eight hundred and seventy-nine, who being duly sworn deposeth and saith : — Question. — In what way are you in the employ of the Board of Respon- dents in this cause '^ Answer. — Secretary-Treasurer. Question. — How long have yoix been such ? Answer. — From ten to twelve years. 30 Question — What are your duties as such ? Answer. — My duties as such are to pay the minist.'rs half-yearly, to take charge of all the funds, collect the interests from investments, make reports and generally conduct the business. Question. — Have the Board any investments out of the Province of Quuebec; ? Answer. — Not at present, and have never had since I have been Secretary of the Board. I am aware that before my time the Board had money invested in the Commercial Bank of Upper Canada, and in bonds and debentures of the town of Peterborough, in the Province of Ontario. I now remember that this 40 H m 14'-' .>. ^ • V '- J*" i- ■ .* it 7^; 138 invostmeiits in IVtcrborougli bonds was held sine; I havi' b.^en Se-retary of the Board. Question. — Where is the business of the Board gen»M-ally transacted ? Answer. — In my ollice in Montreal. Question. — Is not Question.— What wm- tli.' luini.s ..1 ihr s.-v.-n who did not join th.- tuiion :" Ansvvc..— The naiii.'s of tli.' s.-v.-u who did not join ih.' union, so iar as aiv known lo uw, aiv : ll'v. Thomas MrlMi.Tson. h'w. William Simpson. \{rv. John Davidson, Il.'V. Fml. V Sym, U-v. Dr. Walson. Rev. Uohnt Dohi<' and licv. Kohcrt r.uniHt. The K.'V. KohnM Dol)ir is th.- THitionrr in this rails.". Question.— ("an v.m -iv.- us llu- plav-s ol ivsid.'U^v oi' tivs,. dilU'ivnt (Tcnth'incn on (lie l'')th June, 1ST') ■ \,„.\v.'r.— Till" Ui'v. Thomas M.l'hi-rs.m. Lan.aslrr. Provin.v ol' Ontario ; R.-v. William Simpson. La.hinc, I'n.vii, - of Qu.d)cc ; W.'V. John Davidson. 10 North WilliamshurL.-, I'rovin.v ol' Ontario; li.-v. Fn'\v Kdinl.uruh. Provin.'.- of Ontario; \l'\ Davi. Milton. Proviii.v ol' Ontario ; KN'V. Koh-'rt P.urm'll, Hamilton. Provm-v of Ontario. I wish to state that Mr Sym. on.' of th." s.'ven. has sin.v join.'d th.- Pr.-.shyt.-rian Chur.di in Canada, an.l I am not i-frlain thai hy any a.l n[ his own that h.- ev.'r olfi.dally .•.)nn('.t..d hims.dl with th • I'.'lition.'r. Qu.'stion.— Will you sial.' tlu^ slat.' of th.- Fund Ij.doni'-iu''- to ih.' IJoar.l l{i'sp.)iid.nts on th.' lalh of Juii.', IS"') ' j^,,^\ver.— You nu'an llu' amount of money h.'ld hy th.'in ' 20 QueHli.)n. — Yes ^ ' ,\„s\v.'r.— Th.' amount of th.' inv.'stm.'iits .m ih.' 1st of May, lH7a, whi.h ivmaint'd ab.mt th.' sam.' on the l.-irh June, was of th.' par value ..f $4(53,37 1. ;')2. Qiu'stion.— That was th." pi'.p.'it v of the Pr.'shyt.'rian Chuivh of Canada in coiin.'.ti.ni with th." Chuirh of S.'.ttland. was it imt ;" .\„^^v.'r.-— Th.' prop.'rty .)f the Tcmporaliti.'s Hoard. (Question —Th.' sum of nn)n.'y y-m hav.' just m.'nti.)ii."«l was a sum controll.'d hy ih.' Board R.'spond.'Uts f.u- th.' h.-n.'Ut and in th.' inter.'st of the PreshyterianChur.hof Canada in .■..nneeti.)n with th.' Chureh ..f Scotland up 80 to that date ! .\nswer. — Yes. (iu.'st ion.— After that dat." it ivmain.'d und.'r the a.lministrati.)n .)f th. Hoard in virtue of th.' am.'ndm.-nls ohtain.'d from the Provin.-ial L.-gislature. did it not ? Answer.— Yes. Questi.ui. -What was the amouni of said Fund in th.- hands .>rth.' said Board on th." 1st of May, 1«7H ^ Answer.— Tin." par value of th.' Fund was *403,l»7()..V2. 40 140 Qu.'stion. -Sin.-.- lli-ii. hikI iq. to Do-vmh-r, H7S, mml" p:iyiii<''»t> w.mv mad.' cut ol' llir ImuhI, w.mc tli.-iv not ' Answer— Yfs. Qu.'siioii.-Ciin yen iipiMoxiniafly slat,- ahoui wliat tlir amount of ' ho I'uikI was all.T ih-' a.Mlu.li..n ol' ilirse payni.'nis ..n t li- .-Ust ..f 1) nih^T. 1S7S ' Answer.— >!.??< '.11-20.00 (iuesii..n.-T.. what extmt have ilie Kespunlenl- -Irawn upni. ilie capital nf the sai t iw ;',Isl Deeenil.er. IST.'^ ' 1^ Answer— About s74,-')l ■"•■2. (.iuesii,,ii.- Who were the HieniLersof t he licard Kespoinleiits on t h.' 14lli .lune. 1ST') ' Answer.- KeV .lohn 11. MaeUen,>. Rev. D. M Cordon. K'eV John ("onk. !{,.v. .lohu .I.-nkins. Rev. (iavin Lan-, Messrs .hnues Miehie, Alexaiuler Miiehell, Williau. Darlin- SirJIu-h Allan, .lohn L Morri-. K* .1. -ri D-nnistoun and William Walker. (inestioii.- liiderth- le-islation ..f the I'n.vime ..I d for the purpose of forming ^he Presbyterian Church in Canada ? Answer—The Tresbyterian Church of Canada in connection with the SO Chun-h of Scotland, the Church of (he Maritime Provinces in connection with the Church of Scotland, the Pre.sbyteriaii Church of the Lower Provinn.sbvU.rian .0 Chunh ana of tho dnnvh of th.- Mariti.n.- Provin-.s in .onm.t.on vvUh th. CW i; .,f S..o.hu..l, ana of th- Pn.shy..nan rhu,vh of th. Low.r n-ovn... „pp,.,.v to hav. i-on.. into this amal,.unation unanimously, aul h.y ot . ^ ^ (, )hi..,.a to hy U.spona.nls ph-aaini?. as .Ih-al ana .rna.^ ant), (t )hj*'(tion n;.st'rvi'a). Answor. — I ao not know i *• . Ci,„.,,io„.-l>Ul y„u ,.v,.r h...r .,f ..„y ,li,s,.„t .«,.!,« .I... -"» ^-»» " ,„f„„vaio„„,l„.l».t"f .h.-m.-ml,,.r» a,„l a,lh..n.„t« ..1 th,. thr.-. las, „..>,■ tionoa Chuv«hos ? i i ,. „.ii (OhJ... t..a to hy l{.spona....s ph-aaing, as lUogal ana irroh-Nant). (Obji'otion rt'siTVi'a). Q^Z-Y.>u an. awav.,Mv. ('roil, that thor. -as a aiss.nt^ a^u..st ,h. amal,amat.on of th. saia four Chur.hos. not m.r.ly o a ormal .ha .u tr. but on tho part of s.-voral m^mb.-rs ana adh^r.-nts of th- Pn.byt.rutn (.hur. h of Canaaa in .onn.rtion with th. Chur.h of S.-otlana ? (Ob.j..t..a to l,y U.spona.nts pleaaing, as ilb'-al ana irreh-vant). (Objection rescrviHl). Answer.— I bi'lieve there was. ,u -n^ Question.-What was the nam.- of th.> unitea Chunh formea by th.^ .^0 amalgamating boaies? \,,y^ver ~Thi' Presbyterian Chunh in Camuia. Qu..stion.-I think you know th.. Petitioner personally. Mr. (V.nl . Answer. — Yes. . /a i u .»^ Question -You were a member of his .congregation in Osnabruek. and one of his eWers there ? Answer. — I was. Question.-Do you know of what charge he is minister now . Answer.— Milton, Ontario. 40 148 QucBtion.— How loiiy- havi^ you il stiiiuliiif,' olRtiiiting V known tht' TetitiomT to liuv.' b.'.-i I :i ininisltT in goo* AuNWi'i-.— Sine*' \h:u\. Question. -WtTf you in 0«tnubriu ■k Mr. Croil, whi-n Mr. Dobic «amt thert' AnHWt-r.— I w»s. Qut'slion. -Wlit'n- did he ••onu' from Ans\v.'r.--St. Andrew's Chur.h, Montreal, where he hud been ussisting J)r. Mathit'son. Question About how long had ho been assistant for Dr. Mathieson, as 10 nearly as you can remember ? Answer.— About ten months. Question.— Ill' hud not, in faet, been lonir out from S^ot land inswer .— N o ; no t more than a y» ar, I think Question.— Have you any doubt that he was Dr. Mathieson's assistant, am .1 acted in the capacity of a minister assis till"- Dr. Mathieson in St. Andrew's Church, Montreal ? Luswe J..— I, I a subsidiary sense he could neither assi U Dr. Mathieson in Ihr eelebratiou of Baptism n lor the Communion, inasmuc as hi' was not ordained. Question —But could he not pri' hand instruct people from the pulpit mswer. Certainly ; just as well as any layman could ,d to say that hi' was merely a layman w hih Question.— Do you preten rtssistiiig- Dr. Mathieson in Montreal ^ Answer.— I have no opinion upon it. Question.-Are vou not aware that when the Petitioner came to this eountry he came as a trained clergyman, fully licensed to preach the Uospel ? Answer.— 1 believe he did. Question.-The ordination refers to the formal and spe.-ial appomtment to preach and teach in connection with a partic'ular co.igregation . Answer.— Generally, but not always. . ,, , i, Question.-From the time ol his ordination to the charge m O.nabruck he became a member of the Presbytery in Glengarry, did he not ? Answer. — He did. . , . . ,. .• Question.-That was a Presbytery under the ecclesiasttcal jurisdiction of the Presbyterian Church of Canada in connection with the C hurch of Scotland ? Ql'Iii^nZ^he " Mr. Robert Dobie" referred to as one of the mfnistei^ present at the fast diet held in St. Andrew's Church, in Montreal, on the 10th 40 14-t of .Isinuary, 1875, moic I'spivially sii out ;ii liiir :i:l p<\'^' T). oT Pt'titioiitT's laetmn, is tln' rctitioiuT, i.s he not ? Aii.swtM'. — Yes. Qiu'istioii.— On tht' !>th day of May, lH5a, th.' I'l-litioncr, the Ri'V. liobert iJobic, was onr ol' tliosf laini.sti'rs who was I'litith'il to lh»' Ix'iu-lits derivable froiu the i)ro('oeds of the t'levgy Ke.serves ? AiiswtT. — I do not admit that lie was entitled. Que.-^tioii. — Can you deny it ? Answer. — I will give you yronnds for it if you choose, inasmueh as he was not ordained until October I'oUowini;'. ](i Question. — Is it not a fact that the I'etitioiU'r was placed as early as IS.VJ or ISoS upon tlie list of those who were entitled to b -nelits derivable trom the proceeds of the Clergy Reserves ! Answer — I have no certain information upon that point. Question. — I suppo.se you are aware and you have no doul)t heard that the Petitioner is one of those wiio had a claim to commute by the (lovernmeiit, and did commute it :* Answer. — 1 have no doubt that he did commute it. Question. — Did you ever hear any su.ii)ici()n raised against his claim by the Churcli or by any one else :" o,-. Answer.— I always had a doultt in my own mind about it Question. — iJid you ever hear any doubt about his riglit to be placed upon the list of the benelieiaries ol' the Clergy Reserves Y ;mJ [[' ^^^ dj,! swh doubt ever have the elfect of having his (.laim investigated, or ol having him deprived of thi' benelits derivable from the Cli^rgy Reserves ? (Objected to by Respondents pleaditig as illegal and irrelevant.) (( )bjection reserved.) Answer.— I never heard any objection previous to the commutation to his right to be put on the list, but I have heard doubt subsequently to his rijfht to .ommute. ■'<>'' Question. — Such doubts had not had the elFect of having his claim investigated or having him deprived of the benelits derivable from the Clergy Reserves :" The fact is, he has been drawing the regular allowance of $4o0 a year since 1S55 without dispute of any one ! Answt'r. — He has. At page 88 of the .Vets and Proceedings of Synod of the Presbyterian Church of Canada in couiieetiou with the Church of Scotland for 1875 (in said exhibit " B.B.B.'"), the Petitioner is recognized as one of the commutiug ministers by the Synod of the sai'■ /;■■ (•!;■ 14.1 l''uii(l iiiul'i- ils control before iIk- loiil obtained ' (Objected to as not in issixe.) (Objection reserved.) Answer. — I think not. l.-ifislation above referred lo was Cudss-Kx.v.Mi.NKi) WiTiiorr Waivk.r nv Ohjkotions. Question. — In speakinL-' ol' the s-'ood standing- ot tliesaid IV-titioner since lsr>:!. between wliat periiids ot time do you rel'er to :* 10 Answer. — Im'oui 1!^.')8 to IHTT). Question.— That was the lime you were conne.ted with him in eounec- lion with the rresliylerian Cliurcli ol' Canada ^ Answer.— That was the time. Question —Since that lime have you had any Chureh eonnection with him f Answer. — None whatever. Quotion. — 1 tindeistand that when Mr. Dobie riuw out to this country i'roni S.otlaiid, he was wliat is called a lireniiate or probationer ol the ("hur(di ot Scotlaiul in Scotland :" 20 Answer. — Y* .>. Question.— You have spoken of the par valu' ol' th • lumls in l^TS and at other dates. Was that the real actual marketable valuu at tiiese limes :■ Answer.— No; in some cases investtnents were worth more than the par value and others were worth less. (jmestion.— (ienerally speaking were not the lunds wlu<'h were invested in stocks worth a i^'reat deal less than par value? Answer. — They may have been. 1 do not know. (Question. — How long ago is it since the Hoard ceased t(j hold any iiivest- xnent« in Ontario ' Answer. — It must have Ix-eii about ten years. Question. — How many ol' the thirty-three rommuting ministers whom you state were surviving on the loth day of June, IHT'i, were still surviving at the date of the institution of this suit in D.'cemb.'r. 1878 ^ Answer. — Three have since died : Rev. Alexander Lewis. Rev. .Vlexan- der Speme and the Rev. John Towse. Question.— Since Julie, 187;'), up to the present time, is it not the case that (he said IVtitioner has received without protest from the Hoard Respon- donts his semi-annual payments in the same way as he had hM'ii receiving 40 30 ■,? . ■hi 140 them bt'fcm? the salt aiinuiil piiymeiits 1 .Tune, IH7.'). with th." .-x.-eptioii of ih.- Ust two s.-irii- Ai ••xci'ptioii Just stated. He (lid receive tljfin in I In- sam* ih way as lormerly, with the Re-Kxaminkd. I produee a blank ibrm of the chetiue by whieh tlie half-yearly stipends oi" the ministers are paid, marked X. We have mad.' no alteration in the .he.iue since the union in 1875, the .•luMiue has remained Just the same as it was previously, the name ot the Board having remained the same. I am the Secretary. I .ountersifirn tht? cheques as Treasurer, aloiii? with the Chairman, who sii^ns them as Chairman. Question.— You did tiot .onsider you were doinjr to Tetitiotier any extraordinary lavour in i)ayins,' him the amount of these eheiiU(;s '. Answer.— I did not i)retend to do so. Question.- You did not consider that the Petitioner had i)laced himself outside the pale of the Church, or otherwise discjualilied himself from beinjr entitled to receive his annual stipend, notwithstanding? the fact that he did not unite with the Presbyterian Church in Canada >. (Objected to as illegal and not arisini^- out of re-examination, aiul. mon-- over, as involving a question of law which the witnes.ses' opinion cannot alfeet) (Reserved). Answer.— I certainly did not think that the Petitioner had disciualilied himself (by refusing- to Join the union) from parti.ipating in the bi-nehts of the Temporalities' Fund, inasmuch as spi-cial pn.vision had been made for such eases bv the Synod, and also by the Legislature. Question.— Do you pretend to say that he required any aid or favor from the Synod to enable him to draw his half-yearly stipeiuls after the union i (Objected to as illegal and not arising out of re-examination, and, more- over, as iuAolving a question of law which the witnesses" opinion cannot atiect). (Reserved). Answer. — No ; I do not. Question.— The provisions you have just referred to as having been made by the Legislature is contained in the Acts of the Local legislature, which is sought to be impugned by the Petitioners petition ? 1(1 'M) 40 / 147 Answer— Yes . thi- Arts of thw L..'gislaturi',s of Ontario and Quebec. And further deponent saith not ; and this, his deposition, having been »read over to hiin, he declares it to contain the truth (Signed.) H. CllTT. Stenographer. 148 COPY OF JUDCrMKNT AIM'EALED FROM. SUPERIOR COURT, MONTREAL. Lo 29 IK'Ot'mbr*', 1871). ' I'KRSENT RN Chamuhe :— L'lIONORA HLE JUOE JETTE. Ayant t'litcmlu Ics parties par It'urs avocats n'spt'ctivcmeiit sur Iti meritc de I'tle rauso, «'xamine la procedurt', K's pieces produitess I't la preuve vu les adn.i.s.sioiis produitt's par les parti(!s et delibere ; Cousidt-rant que le Rcqueraiit allegue par sa demande que la Corpora- tion Deleiulcrosse a ete ereee sous le noui de " Le Bureau d' Administration '• des Biens Teniporels de TEglise Presbylerienue du Canada en rapi)ort ave<; 10 " ri'v'-lise d'Etosse," pour la possession et I'aduiinistration d'un eerlain Ibnds tippartenaiit a la dite Eglise, et prealableinent eree par resolution du Synode de la dite Eglise. en (bite du mois de Janvier mil liuit cent (•in(iuante-.inq, et que par le statut ereant et incorporant le dit bureau, il a ete entre autres choses pourvu et garanti que la propriete du dit Ibnds appartiendrait exdusivement a la dite Eglise, que le revenu du dit t'onds serait atl'ecte aux diverses charges annuelles etablies sur icelui, lors de sa creation, en laveur des ministres de la dite Eglise. et qu'enlin les membres du dit bureau devraient toujours etre des ministres ou des membres de la dite Eglise en jileine communion avec elle, et que quatre d'entre eux sortiraieut de iharge et seraient remplaces chaque 20 annee ; Considerant que le Requerant allegue en outre que lors de la creation du dit Ibnds, il etait un des titulaires ayant droit a une charge ou allocation annu- elle de quatre cent cinquante piastres a prendre sur le revenu du dit fonds ; qu'il a ete alors convenu, stipule et admis comme principe Ibudamental de la creation du dit fonds que pour avoir droit a aucun revenu provenant d'icelui il faudrait etre ministre de la dite Ei'lise ; et que le Requerant est encore aujour- d'hui en pleine possession de ses droits et privileg s sous ce rapport, etant Teste ministre de la dite Eglise et en pleine communion avec elle; Considerant que le Requerant allegue de plus que par un Acte de la g^ Legislature de la Province de Quebei" passe en mil huit cent soixante-et-quinze, et etant le 38 "Victoria, chapitre 64, les conditions d'administration du dit fonds ont ete chaugees de mauiere li continuer en charge les membres du dit bureau pour le temps d'alors, et a ne pourvoir a leur remplacement qu'au cas de 140 ViUiiiici' |»iir (ir-ics, ir.siii;iiiiti()ii on abstMitc, ci par (l>'s pt'i'Moniios aiilros (jii.' (1(',> iiu'iiihrcs (Ic !a (liti- Mulisi" Prt'sbytt'-rifiuu' tlu t'amulii i-n nipport avfc Tlili^lise d'Hcossc, t'l (luc \i' (lit Acic pcriiu'l ' la dit>' li]<«'liso, ot no pout «"'tio oniployo fpi'aux lins on pronii t lioti pourvuos, ot do plus quo los liovoronds .Tuhu Cook. Jaun's ('. Muiv. (Joor>>-i« IJ-IJ. John Fairlio, David "W. Morrison ot Charlos A. Tannor soiciit doclaros n'oiro plus niinislros dc la dito I'^g'liso ct n'a\()ir aui'un .'58 Viotoria. chapitro 04. dont lo lio df tons l.'s lilultiirt'.s y ayiin rhar^v.s coiisliiut'i's siir icflui, <'t (|Ut' pa t droit, lovH (If la rn'-atioii (ricflui, a loulfs Ifs I'fVt r suite Ir droit dii K'cfiiUTaiit a son ■Mil aiimifl di- (jiiatvf I'dit ciiuiuaiit'" piastres a rte couipli-lt'mi'nt sauv.'- iirdi'' ct ifiiruiiti t'ou.sidt'-raiil iifaiiuioiiis (iiie par Ics di'ux statiils i«ii diM-nicr lieu nu-n- tioniu'-s ia proprii'-le dii dit Koiids u'cst plus attnbiu'-.' <'xrlusi\ .'UU'iit ii lii ditf Kiilisf Prcshvti'ri.'inu' du Canada i-n rapport ave 'liul 1st' .l"K •ossf, mais (ja'aprrs Text iiid ion di" tons droits antt'-ricurs ant is i>ar Ic dit ionds, idle est jo t,raiisl'(''rt''»' a riv'lisc rn'sl)vtt''rit'iiiu' en Canada, lortim' de la ditc Kulise rri'shy- tcricnni' ( III Canada i-n rapport av<'i' rUglisc d'Erossc ft dc trois aiitn I'.U'l iscs ([lie la deinande du Reiiiierant est mal I'ondee el ne pent el re inaintenue, et (jue les Delendeurs (ex.vi)!e le Reverend 20 Ciavin J.an.^' el Sir Iliiu'h Allan) sont hien londes en leiirs defenses; Maintenous les defenses des dits ])efend<'urs (sauf Texeepti'*'! susdito) et renvoyons en eousequenee la deinande du dit Reqnerant, et oassonset annulons a toutes tins que de droit le Bref d'Injonetion einis en eette cause et en don- nons main levw> anx dits Defendeurs, avoc depens distraits a J. L. Morris, ('cuier, leur avocat. Transcript. Montreal, lo 1!> Janvier, 1880. (Signed), GEO. H. KERNICK, Deputy P. S. C. 30