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 RULES 
 
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 FORMS OF PROCEDURE 
 
 IN THE 
 
 CHURCH COURTS 
 
 OF THE 
 
 CANADA PRESBYTERIAN CHURCH, 
 
 ADOPTED AND RECOMMENDED BY THE GENERAL ASSEMBLY. 
 
 -^•o«- 
 
 TORONTO : 
 
 JAMES BAIN, 
 
 BOOKSELLER AND STATIONER, KING ST. EAST. 
 
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PREFACE. 
 
 The lirst edition of this book was published in the year 
 1865, having been drawn up by a Committee, of which the 
 Eev. A. F. Kemp, D.D., then of Montreal, was Convener, 
 and by whom the work was mainly done. 
 
 The edition being exhausted, the General Assembly ap- 
 pointed a Co^imittee in 1370, to revise the book, and issue 
 a new edition. The Committee presented a Eeport in 1871. 
 The following is the minute of the General Assembly with 
 reference to the Eeport : — 
 
 " Eeceive the Eeport, and order that the Committee on 
 the Book of Forms be re-appointed, with instructions to have 
 a new edition issued with the amendments suggested in the 
 Eeport, and that it be recommended as a useful guide to the 
 office-bearers of the Church." 
 
 William Eeid, M.A., 
 Convener of Committee. 
 
B 
 
 Si 
 
 !Si 
 
 Si 
 
 Si 
 
 Si 
 
 Si 
 
 Si 
 
TABLE OF OOI^TEXTS. 
 
 INTRODUCTION. 
 Basis of Union — Minutes of Synod on Union Pages ix-xii 
 
 CHAPTER I. 
 
 On the Constitution, Powers and Duties of the different 
 
 Church Courts. 
 
 Se'ction I. — Sessions — How composed — duties and powers — business 
 — privileges — representatives — church membership — rolls — dis- 
 tricts Pages 1-5 
 
 Section II. — Presbyteries. — How composed — powers and duties — 
 meetings — roll — presbyterial visitations — records — relations — 
 Pages 6-10 
 
 Section III. — Si/nods. — How constituted — powers — moderator — 
 times of meeting — quorum — roll — business — records — reports to 
 Assembly Pages 10-1 2 
 
 Section IV. — General Assembly. — Constitution — roll, &c. — powers — 
 times of meeting — sederunts — committees — committee of bills 
 and overtures, powerg and duties — pleadiogs — call to order — 
 absent members — committee of the whole Pages 1 2-20 
 
 Section V. — Admission of Ministers and Licentiates. — Designated and 
 commissioned — certified — examination — application to Synod — 
 applicants to appear at Synod Pages 20-21 
 
 Section VI. — Licensing of Students. — Time when — production of 
 certificates — preliminary trials — application to Synod — proba- 
 tionary trials — judgment of presbytery — mode of license— extract 
 granted Pages 21-23 
 
 Section VII. — ^ormM^as. — Ordination of ministers — licensing of 
 students — ordination of Elders and Deacons — Formula t© be 
 signed by Office-bearers , Pages 23-2 6 
 
▼i 
 
 CONTENTS. 
 
 CHAPTER II. ^ 
 
 rzrbrinces, dissbnts, appeals, complaints, petitions, 
 
 Overtures, &o. 
 
 Section I. — References. — For advice — for judgment — dissents — 
 reasons — protests and appeals — dissents and complaints — effect 
 «f — reasons to be lodged — answers to — parties, who, and how 
 heard — judgment — absence of parties — petitions, how transmitted 
 — overtures, what, and how originated — Barrier Act. Pages 27-B4 
 
 CHAPTER III. 
 
 On the Formation of Congregations, the Rights op Church 
 Members, and Management of Congregational Affairs. 
 
 Section I. — Formation of Congregations. — Organization — Elders to be 
 elected and ordained — Trust Deed or constitution — places of wor- 
 ship ... , Pages 35-37 
 
 Section II. — Rights of Members. — Who are members — adiiiission — 
 
 qualifications — rights and piirileges — disjunction — certiCcHtes 
 
 Pages 37-40 
 
 Section III. — Congregational Affairs. — Meetings, how conducted — 
 president and officers — precentor — financial concerns — title deeds 
 and trustees — Deacons' court, duties of — rules for regulating — 
 stipend of minister — the presbytery may inquire into. Pages 40-48 
 
 CHAPTER IV. 
 
 Procedure in Moderations and in the Ordination op Ministers. 
 
 ISeotion I. — Procedure in Moderations. — Petition to presbytery for — 
 inquiry by p'esbytury — procedure at moderations — signing of call 
 — procedure on call Pages 49-53 
 
 Section II. — Settlement of a Minister. — Without charge — competing 
 calls — translations — trials for ordination Pages 53-57 
 
 Section III. — Ordination and Induction. — Ordination, appointment 
 
 of — procedure at — objections — how ordained — duty of managers 
 
 — induction — resignation of charge — ordination of missionaries 
 
 , Pages 67-60 
 
 CHAPTER V. 
 
 Election and Ordination of Elders. 
 
 Section I. — Who elect Elders — number of Elders — election — trial 
 of qualifications — edict served — objections — ordination — election 
 in vacant congregations Pages 61-64 
 
CONTENTS. 
 
 TU 
 
 CHAPTER VI. 
 
 Church Disoiplini. 
 
 SiOTioN I. — Grounds of discipline — subjects of — unds of discipline 
 — censures — admonition — rebuke — suspension — deposition- 
 excommunication Pages 65-69 
 
 Section II. — Discipline of Private Members. — By Sessions on com- 
 plaint — report — or own motion — private dealings enjoined — party 
 apprised — complaint to be written — examination of witnesses^ 
 affidavits — dec^ision of Session — jurisdiction Pages 69-75 
 
 Section III. — Trial of Office-bearers. — Elders and deacons tried by 
 Session — ministers by presbyteries — reports — complaints — pre- 
 cognition— confession — process by libel — contumacy — relevancy, 
 wbat — proof- -process in case of heresy — disputes between min- 
 ister and congregation — divisive courses Pages T5~81 
 
 Sbotiom IV. — On Evidence. — Competent witnesses — husband and 
 wife — credibility — more than one witness necessary — how exam- 
 ined^-on oath — testimony recorded — commission — member of 
 court may give testimony — new trial — proper questions — either 
 party may object and appeal — exculpatory proof — pleadings 
 Pages 8 1-85 
 
 Section V. — On Citations. — Of persons — how served — how framed^ 
 of witnesses — service to be certified — of congregations — through 
 whom served — appear by representatives— of church courts-— 
 — appearance Pages 85-87 
 
 Section VI. — Restoration from Censure, — What, and by whom — pro- 
 cess ot^ — cautions in the case of office-bearers — in case ot ministers, 
 supreme court consulted — restored members not to be upbraided 
 — of the excommunicated, how Pages 88-90 
 
 CHAPTER VII. 
 
 On Colleges. 
 
 Section I. — Knox College, — Act of Incorporation — declaration of 
 principles , Pages 90-95 
 
 Section II. — Government. — Board of management — senate — princi- 
 pal — professors and tutors — of sessions and admission — certifi- 
 cates , Pages 95-100 
 
 Section III. — The Curriculum. — First — second — and third years 
 '. PHge 100 
 
 Section IV. — Montreal College. — Act of Incorporation — declaration 
 of principles — organization reserved Pages 100-10 J 
 
 Section V. — Board of Examination. — How constituted — rules for its 
 government Pag*s 103-106 
 
Vlll 
 
 ArrKXDIX OF FORMS. 
 
 APPENDIX OF FORMS, &o. 
 
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 38.- 
 36.- 
 37.- 
 38.- 
 40.- 
 
 .Form of Intimation on Modenitloa of Call 107 
 
 -Form of Call to a Minister 107 
 
 " » Colleague , 108 
 
 -Concurrence in a Call 108 
 
 -Adherence to Call by Members not present 108 
 
 -Attestation of a Call by Moderator and Elders 108 
 
 -Edict for the Ordination of a Minister 109 
 
 -Citation 'n Cases of Translation or Resignation 110 
 
 -Declaration of Pastoral Charge Vacant 110 
 
 -Formula for the Ordination of Missionaries 110 
 
 -Edict for the Ordination of Elders Ill 
 
 -Certificate of License 1 1 1 
 
 -Form of Transference for Students on Trial 112 
 
 -Pn sbyterial Certi icRce 113 
 
 -Form of EMer's Commission 113 
 
 -Forms of LJbel 114 
 
 1. — Libel for Immorality 114 
 
 2. — Libel for Heresy 115 
 
 -Order by Presbytery on a Libel 116 
 
 -Form of Citation in Libel 116 
 
 -Form of Oath of Witness 117 
 
 -Oath of Purgation 117 
 
 -Form of Deoosition 118 
 
 -Forms of Overture 118 
 
 -Form of Memorial and Petition 119 
 
 -Presbyterial Certificate to a Student 120 
 
 -Ordinary Certificate of Membership 120 
 
 -Standing Ordcs 121 
 
 -Regulations Anent Presbytery Records 123 
 
 -Home Mission Regulations 124 
 
 -Probationers and Vacancies 128 
 
 -Widows' and Orphans' Fund 129 
 
 -Aged and Infirm Ministers' Fund 132 
 
 -Act for Constitution of General Assembly 132 
 
 -Declaratory Act on Baptism 135 
 
 -An Act Respecting Union 138 
 
 -Model Trust Deed for C. W 142 
 
 ♦' " « C. E 148 
 
 -Memoranda about Trust Deeds 151 
 
 -Glossary of Latin Phrases 154 
 
 -Index*. 157 
 
INTRODUOTTOISr. 
 
 BASIS OP UNION BETWEEN THL PRESBYTERIAN CHURCH OP 
 CANADA, AND THE UNITED PRESBYTERIAN CHURCH IN 
 CANADA. 
 
 The Presbyterian Church of Canada and the United 
 Presbyterian Church in Canada, believing that it would be 
 for the glory of God, and for the advancement of the cause 
 of Christ in the land, that they should be united, and form 
 one Church, do hereby agree to unite on the following Basis, 
 to be subscribed by the Moderators of the respective Synods 
 in their name and behalf; declaring, at the same time, that 
 no inference from the fourth article of said Basis is held to 
 be legitimate, which asserts that the Civil Magistrate has 
 the right to prescribe the faith of the Church, or to interfere 
 with the freedom of her ecclesiastical action ; further that 
 unanimity of sentiment is not required in regard to the prac- 
 tical applications of the principle embodied in the said fourth 
 article, and that whatever differences of sentiment may arise 
 on these subjects, all action in reference thereto shall be 
 regulated by, and be subject to, the recognized principles of 
 Presbyterian Church order. 
 
 I. Op Holt Scripture. 
 
 That the Scriptures of the Old and New Testaments, 
 being the inspired Word of God, are the supreme and infal- 
 lible rule of faith and life. 
 
nm 
 
 X INTRODUCTION. 
 
 II. Op the Suuordinate Standards. 
 
 That the Westminster Confession of Faith, with the 
 Larger and Shorter Catechisms, are received by this Church 
 as lier Subordinate Standards. 
 
 But whereas certain sections of tlie said Confession of 
 Faith, which treat of the power or duty of the Civil Magis- 
 trate, have been objected to, as teaching principles adverse 
 both to the right of private judgment in religious matters 
 and to the prerogative which Christ has vested in his Church, 
 it is to be understood : 
 
 1. That no interpretation or reception of these sections is 
 held by this Church, which would interfere with the fullest 
 forbearance as to any difference of opinion which may prevail 
 on the question of the endowment of the Church by the 
 State. 
 
 2. That no interpretation or reception of these sections is 
 required by this Church, which would accord to the State 
 any authority to violate the liberty of conscience and right 
 of private judgment which are asserted in cap. xx. sec. 2, of 
 the Confession ; and in accordance with the statements of 
 which this Church holds that every person ought to be at 
 full liberty to search the Scriptures for himself, and to follow 
 out what he conscientiously believes to be the teaching of 
 the Scripture, without let or hindrance ; provided that no 
 one is to be allowed under the pretext of following the dic- 
 tates of conscience, to interfere with the peace and good 
 order of society. * 
 
 3. That no interpretation or reception of these sections is 
 required by this Church, which would admit of any inter- 
 ference on the part of the Scate with the spiritual indepen- 
 dence of the Church, as set forth in cap. xxx. of the 
 Confession. 
 
 III. Of the Headship of Christ over the Church. 
 
 That the Lord Jesus Christ is the only King and Head of 
 His Church ; that He has made her free from all external or 
 
 .li 
 
INTRODUCTION. 
 
 XI 
 
 secular authority, in the administration of her affairs, and 
 that she is bound to assert and defend this liberty to the 
 utmost, and ought not to enter into such engagements with 
 any party as would be prejudicial thereto. 
 
 IV. Of the Headship op Christ over the ]N"ations and 
 THE Duty of the Civil Magistrate. 
 
 That the Lord Jesus Christ, as Mediator, is invested with 
 universal sovereignty, and is therefore King of Nations, and 
 that all men, in every capacity and relation, are bound to 
 obey his will as revealed in His Word ; and particularly, 
 that the Civil Magistrate (including under that term all who 
 are in any way concerned in the Legislative or Administrative 
 action of the State) is bound to regulate his official procedure, 
 as well as his personal conduct, by the revealed will of 
 Christ. > ' 
 
 V. Of Church Government. 
 
 That the system of polity established in the Westminster 
 form of Presbyterian Church Government, in so far as it 
 declares a plurality of Elders for each congregation, the 
 official equality of Presbyters, and the unity of the Church, 
 in a due subordination of a smaller part to a larger, and of 
 a larger to the whole, is the Government of this Church, and 
 is, in the features of it herein set forth, believed by this 
 Church to be founded on and agreeable to the Word of God . 
 
 VI. Of Worship. 
 
 That the ordinances of worship shall be administered in 
 this Church, as they have heretofore been, by the respective 
 bodies of which it is composed, in a general accordance with 
 the directions contained in the Westminster Directory of 
 Worship. 
 
 Concluding Minute of each of the Synods. 
 The Synod of the Presbyterian Church of Canada, con- 
 sidering that a Basis of Union with the United Presbyterian 
 Church in Canada has been prepared and adopted by the 
 Synods of both the Churches, and upon being remitted for 
 the consideration of Presbyteries and Sessions, has been by 
 
Xll 
 
 INTRODUCTION. 
 
 them accepted and approved ; and considering that all other 
 preliminary arrangements have been, by the help of God, 
 completed. Do now, recounting with fervent gratitude aU 
 the goodness and mercy which her Divine Head has vouch- 
 safed in the past to the Presbyterian Church of Canada 
 blessing His holy name for having led them and their breth- 
 ren of the United Presbyterian Church in Canada to such 
 a measure of harmony of sentiment and cordiality of feeling ; 
 humbly trusting that the God of all peace will accord His 
 sanction to the solemn and interesting step which they are 
 about to take, and earnestly praying that the reviving, 
 sanctifying, and comforting influences of the Holy Spirit 
 may largely descend on the united Church, to enable her 
 Ministers, Elders and People to value and improve the pri- 
 vileges they enjoy, and perform the duties incumbent on 
 them : Eesolve, and hereby record their resolution, forth- 
 with to repair as a constituted Synod to the Wesleyan 
 Church, Great St. James Street, the appointed place of meet- 
 ing, that they may there, as arranged, unite with their 
 brethren of the United Presbyterian Church in Canada, and 
 form one Synod, to be designated and known as the Synod 
 of The Canada Presbyterian Church ; praying that hence- 
 forth they may be enabled to walk together in the fear of 
 God and in the comfort of the Holy Ghost, striving together 
 for the faith of the Gospel, for the purity of divine ordinances, 
 and for the increase of the Church of Christ ; and the Synod 
 declare that the united Synod shall be considered identical 
 with the Synod of the Presbyterian Church of Canada, and 
 shall be entitled to, and shall have all the authority, rights, 
 privileges, and benefits to which this Synod is now entitled, 
 and declaring further that each of the congregations under 
 its inspection, whether it shall adopt a name to be hereafter 
 agreed upon, or shall retain, as it shall be permitted to do, 
 the name by which it has hitherto been designated, shall not 
 be held, though coming, in consequence of this union, under 
 the inspection of the Synod of the united Church, as in any 
 way changing its ecclesiastical connection, or impairing any 
 civil rights which it now possesses and enjoys. 
 
RULES 
 
 AND 
 
 FORMS OF PROCEDURE. 
 
 CHAPTER I. 
 
 ON THE CONSTITUTION, POWERS, AND DUTIES OP THB 
 DIFFERENT CHURCH COURTS.* 
 
 Busineee. 
 
 Section I. — Sessions. 
 
 1. A Session is composed of the Minister or Ministers 
 and Elders of a congregation. 
 
 2. The duty of a Session is to examine and admit 
 members into the communion of the church, or 
 receive the certificates of persons coming from other congre- 
 gations — to grant certificates to members leaving the congre- 
 gation — to watch over the Christian deportment of the 
 members of the congregation — to exercise discipline over 
 them when required, by admonition, rebuke, suspension, or 
 excilusion — to restore members who have been suspended or 
 cut off from privileges — to care for the Christian instruction 
 of the young — to fix the hours and order of public worship — 
 
 authority beyond that of spiritual administration. 
 
Moderator. 
 
 2 , BESfcslONS. 
 
 to appoint the time of tho dispensation of the Lord's Supper, 
 and make provision for it — to appoint Congregational fasts or 
 thanksgivings — and, in the absence of Deacons, to provide for 
 the necessities of the poor — to call Congregational meetings 
 when they see it necessary — to examine and judge of the 
 qualifications of persons elected to the eldership and deacon- 
 ship — to receive and judge of petitions from the members — to 
 transmit papers to the Presbytery — and, in general, to super- 
 intend the religious interests of the congregation. 
 
 3. Tho minister, as teaching elder, is the perpetual 
 moderator. When there are two ministers, they 
 preside alternately, or otherwise as may be settled between 
 them ; the one who is not presiding sits as an ordinary 
 member. 
 
 4. The duty of the moderator is to constitute and conclude 
 each meeting with prayer — to preserve order — to take the 
 votes of the members — to announce their decisions — to see 
 that they are properly recorded, and to administer censure in 
 accordance with them. The moderator may deliver his sen- 
 timents from the chair, and has a casting vote in case of an 
 equality ; but no deliberative vote. 
 
 5. In the absence of the minister, any other minister 
 liaving authority from him presides. When the minister dies, 
 or is removed, or is temporarily suspended from his charge, 
 the Presbytery nominates one of its members to moderate in 
 the Session. Without the presence of a minister, no meeting 
 of Session can be held. 
 
 6. The Session appoints a clerk, whose duty is to 
 keep regular minutes of the meetings fairly tran- 
 scribed into a book kept for the purpose ; and a treasurer, if 
 necessary, to take charge of tho funds at the disposal of the 
 Session. 
 
 Clerk, etc. 
 
SESSIONS. 
 
 7. The "moderator and two elders constitute a 
 
 Ouorum. 
 
 quorum. 
 
 8. Sessions, so far as practicable, hold stated meet- 
 ^ "^^* ings for the transaction of ordinary business, and it 
 
 is the duty of every member to attend them ; they may 
 also hold frequent meetings for devotional exorcises and 
 religious conference. 
 
 9. The moderator has the power to convene the Session 
 whenever he may judge requisite, and he is bound to do so 
 when required by one-third of the elders. The Session is 
 bound also to convene when directed so to do by the Pres- 
 bytery. All meetings must bo summoned either by inti- 
 mation from the pulpit, or by personal notice to the members, 
 on the authority of the moderator. 
 
 , 10. After a meeting is constituted, the names of 
 
 Procedure at '^ ' 
 
 meetings. the members present are taken down, and the 
 minutes of last ordinary meeting, and of any occasional 
 meetings which have intervened, are read, and when found 
 correct, are signed by the moderator and clerk. 
 Privileges, powers, H- Sessious have the right of represcL ;ation 
 »nd duties. ^^^ petition to tho Presbytery, and through 
 
 it to the Synod and General Assembly. They may also 
 originate overtures to the Presbytery, Synod, or Assembly. 
 These petitions or overtures are in writing, and if addressed 
 to the Synod or Assembly are presented to tho Presbytery 
 for transmission. 
 
 12. It is the right and duty of every Session, whether in 
 a settled or a vacant congregation, to appoint one of the 
 elders to sit as its representatlv'e in the Presbytery and Synod. 
 The commission for this purpose is renewed at least once 
 a-year. The elder appointed should be punctual in his 
 
SESSIONS. 
 
 
 att/€ndance at these courts, and his expenses, as well as those 
 of the minister, ought to he defrayed by the congregation. 
 When the congregation is vacant, it is his duty, wherg no 
 commissioners are specially appointed for tlie purpose, to 
 apply to the Presbytery for regular supply of sermon. An 
 extract of the Session's appointment is produced to the Pres- 
 bytery ; and the roll of the Presbytery, certified by its clerk, 
 is sufficient evidence of the elder's authority to sit in the 
 Synod. In cases in which one ministe has charge of two 
 or more congregations having separate Sessions, such Sessions 
 shall be regarded as one for the purpose of representation in 
 the church courts. 
 
 13. The moderator, being a teaching as well as a ruling 
 elder, and being the only person who can preside in the 
 Session, it cannot entertain complaints against him. These 
 must be brought before the Presbyterj'^, to which direct 
 access is in that case competent, previous notice of the inten- 
 
 ■ tion to complain being always given to the Session. 
 
 14. One Session has no right to interfere with, or review 
 the proceedings of another; but it may transmit to it a 
 remonstiance or other communication, or it may complain of 
 any of its proceedings to the Presbytery of the bounds, 
 always transmitting to the Session complained of a copy of 
 the complaint in due time before the meeting of Presbytery, 
 that it may appoint commissioners to appear on its behalf to 
 answer the same. 
 
 Admission of ^^' l^ersons applying for admission into the fel- 
 members. lowship of the church, converse with the minister, 
 and, if circumstances permit, the elder of the district in 
 which they reside. It is the special duty of the former to 
 ascertain the extent of their knowledge of Divine truth, and 
 
SESSIONS. 
 
 Disjunctions. 
 
 I Boll. 
 
 of the latter to make such inquiries as may be necessary in 
 regard to their moral character and Christian deportment. 
 The minister and elder severally report to the Session ; and, 
 on its being agreed to admit the applicants, they signify, 
 either to the minister or the Session, their readiness to sub- 
 mit themselves to the Session, as set over them in the Lord, 
 and faithfully to discharge all the duties of a Christian. 
 
 16. Certificates of disjunction from the congrega- 
 tion ought regularly to be granted by the Session ; 
 but in the interval of Session the moderator has authority to 
 grant them to ordinary members. Individual elders have no 
 power to grant disjunctions. 
 
 17. Sessions keep a roll of the members of the congre- 
 gation, which is accessible at all its regular meetings, 
 land is altered from time to time as circumstances require. 
 The roll is, at least, annually revised, and it is specially 
 revised when the congregation has it in view to apply for a 
 I mod' nation in a call. The Session also exercises a faithful 
 I superintendence over the members of the church who have 
 I not yet been received into full communion, taking care that, 
 when they leave the bounds, they be transferred to the 
 superintendence of the Session of the congregation into whose 
 bounds they pass. 
 
 18. For the better discharge of his duty, each elder 
 has, in ordinary cases, a district of the congregation 
 I assigned to him, of the members in which he ought to keep 
 {a loU ; and it is his duty to cultivate acquaintance with the 
 members, by visiting them not only in affliction, but at other 
 times — to be ready to counsel and encourage them in every 
 good woik, and to give seasonable warning against all 
 appearance of evil. 
 
 Districts. 
 
PRESBTTRRIE8. 
 
 Sect. II. — Puesbyteries. 
 
 1. A Presbytery consists of the ministers of the several 
 congregations within the bounds lixed by the supreme court 
 togetlier with an elder from each ministerial charge. 
 Powers and 2. The duty of the Presbytery is to receive and 
 duties. judge in petitions from the Sessions of the congrega- 
 tions within its bounds, in comj)laints or appeals against their 
 sentences, or in references from them — to transmit petitions 
 or overtures addressed to the Synod or General Assembly — 
 to giant supplies of sermon on the application of persons within 
 the district, or to congregations within their bounds, either 
 during a vacancy, or in the event of the illness or absence of 
 the minister — to erect congregations— to grant admission to 
 the colleges — to superintend the education of students of 
 theology — to try candidates for licence to preach the Gospel 
 — to license those who, after examination and the required 
 course of study, are found qualified — to grant moderations 
 in calls to congregations and to receive, sustain, or reject the 
 same — to try the (lualifications of candidates for the ministry, 
 and ordain them to the pastoral office — to receive and judge 
 of complaints against ministers or preachers — to inquire into 
 report-s affecting their character — to admonish, rebuke, sus- 
 pend, depose, or excommunicate offenders — to receive demis- 
 sions and loose ministers from their charges — to examine, 
 approve or censure the records of Sessions, and generally to 
 superintend the congregations and sessions within their 
 bounds. • 
 
 3. A new Presbytery is formed by the supreme 
 court and in the deed or act constituting it, the 
 bounds are fixed, the time and place of its first meeting are 
 appointed, and one of the ministers is nominated to be its 
 moderator at said meeting. 
 
 How formed. 
 
I'RESnYTERIEB. 
 
 Moderator. 
 
 4. After being constituted by the moderator 
 
 appointed, the Presbytery has a right to appoint its 
 own moderator. It is usual to appoint a new moderator 
 every six or twelve months. 
 
 5. The moderator's duty is to constitute and conclude 
 each meeting with prayer — to preserve order — to take the 
 votes of the members — to announce the decisions — to see 
 that they are properly recorded — and to execute the Pres- 
 bytery's sentences in censuring oifenders. In the event of 
 an equality ho has a casting vote, but no deliberative vote ; 
 he is, however, entitled to deliver his sentiments on any 
 subject before the Presbytery ; but if he wishes to do so, or 
 is a party concerned, lie leaves the chair. 
 
 6. In the absence of the moderator, or in the case of his 
 leaving the chair, his predecessor in office takes it for the 
 time ; failing him, the last moderator present ; and failing 
 him, the oldest minister ; it being always in the power c T 
 the Presbytery, after being constituted, to appoint any other 
 AS it pleases. 
 
 7. The Presbytery also chooses a clerk, whose duty 
 it is to keep the record or minute-book of its pro- 
 ceedings, to preserve its papers, and to give out and certify 
 extracts of its decisions when instructed by the Presbytery ; 
 and a treasurer, to take charge of pecuniary matters. 
 
 8. Three members — two of whom, at least must be 
 ministers — are necessary to form a quorum, and to 
 constitute a regular meeting. 
 
 Procedure at ^' ^^^er a meeting of Presbytery is constituted, 
 meetingrs. ^j^^ ^.^^ jg called, and alterations are made in it 
 
 when rendered necessary by the death, removal, or admission 
 of ministers, or by the appointment by Sessions of new repre- 
 
 Clerk, etc. 
 
 Quorum. 
 
PHBSBYTERIEH. 
 
 a 
 
 sentfttivo elders. The sederunt is then taken down, and the 
 minutes of last meeting are road, and, if found correctly 
 recorded, are approved of. 
 
 iO. After sustaining the minutes of the preceding meeting, 
 all petitions, references, and papers to be submitted to the 
 Presbytery are laid on the table. Intimation is then given 
 by the clerk of all cases and business to be brought before 
 it ; and the Presbytery determines the order in which busi- 
 ness is to be taken up ; but if any business has been left 
 over from a preceding meeting, it has the precedence in 
 ordinary cases ; and if any matter has, at a previous meeting, 
 been specially appointed for consideration at a particular 
 sederunt, it is to be taken up at the time fixed. 
 
 11. Presbyteries should regulate their proceedings, as 
 nearly as circumstances will permit, by the rules of older laid 
 down for the supreme court, (see Standing Orders.) And it 
 is recommended to them to devote a part of their time to 
 devotional exercises, as circumstances require. 
 Times of 1^. The Presbytery meets at stated intervals, and at 
 meeting, q^^j^qj. times as frequently as is necessary for the 
 efficient discharge of its duties. It is the duty of every 
 member to attend, and absentees may be called to account, 
 or censured, Avhen necessary. Before dismission, the time 
 and place of next meeting are fixed and recorded ; if this be 
 omitted, or if a meeting be not held at the time appointed, 
 the moderator has power to convene a meeting for the 
 resumption of business, which is intimated to all the members* 
 as mentioned in rule 15. When such an event occurs, the 
 Presbytery specially reports the circumstances to the Synod 
 at its next meeting. 
 
 13. At the meeting of the Presbytery preceding the 
 meeting of Synod, the roll is adjusted, so as to exhibit 
 
PRESBYTERIES. 
 
 the names of the elders holding commissions from Sessions 
 for the time, and a <-opy certified by the clerk is transmitted 
 by him to the Syroi's clerk, at latest, eight days before the 
 meeting of Synod, to enable him to make up the roll of 
 Synod. The clerk shall also transmit, at the time appointed, 
 to the clerk of the General Assembly, the names of members 
 appointed as its representatives. 
 
 Occasional 1^- The Presbytery, besides its ordinary meetings, 
 meetings, j^^i^jg occasional meetings for transacting particular 
 business, at which meetings (denominated in hunc effactum) 
 no other business than that for which they were appointed 
 can be entered upon. 
 
 Proreiiata 1^- If* ^ase of emergency, requiring the immedi- 
 Meetmgs. ^^^ interference of the Presbytery, occur during the 
 interval between its ordinary meetings, the moderator for the 
 time being has the power of calling a meeting, either on his 
 own authority, or in consequence of a requisition from some 
 of the members. This is denominated a pro re nata meeting. 
 Such meetings are intimated by the moderator himself, or by 
 the clerk upon his authority, to all the members of the Pres- 
 bytery, both ministers and representative elders. The notices 
 specify the time and place of meeting, together with the busi- 
 ness to be entered on, and should be delivered, or put into 
 the post office, at least ten free days before the time fixed. 
 No other business, except what is specified in the notice, can 
 regularly be entered upon. For the manner in which the 
 moderator exercises this power, or for his refusal to exercise 
 it when required, he is responsible to the Presbytery. 
 
 16. A Presbytery is entitled, when circumstances require it, 
 from rumours of divisions, or irregularities in practice, or 
 otherwise, to order a Presbyterial visitation of any of the con- 
 
10 
 
 PUK8UYTBRIB8. 
 
 gregatioiia within itn bounds — to call Sessions before it — to 
 examine their minutes, and to interfere in any matter which 
 may arise, or which may seem to call for such interference. 
 
 17. The minutes of the Presbytery are submitted annually 
 to the Synod for examination. 
 
 18. The whole members of a Presbytery being supposed to 
 be present at every meeting of Synod, it is competent for any 
 of the Presbyteries to hold a special meeting under the author- 
 ity of the Synod, intimation being always publicly made of 
 the time and the place of meeting at one of the sederunts of 
 Synod. Unless in veiy exceptional cases, and for reasons 
 publicly given in court. Presbyteries are not allowed to meet 
 during synodical hours. 
 
 19. The Synod has the power of authorising members of 
 one Presbytery to sit and vote as constituent members of 
 another, on anj'^ particular business, or at any particular time. 
 
 20. When a member of one Presbytery if? present at a meet- 
 ing of another, he may be invited to sit and correspond; and, 
 whenever so invited, is entitledto give his opinion or advice 
 in any matter which may be under discussion, but he has no 
 vote. 
 
 21. One Presbytery has no right to interfere with or review 
 the proceedings of another, but it may transmit to it a remon* 
 etrance or other communication, or it may complain of any of 
 its proceedings to the Synod. In this last case, however, a 
 copy of the complaint should be transmitted to the Presbytery 
 complained of, in due time before the meeting of Synod, in 
 order that that Presbytery may be prepared with its defence- 
 
 ^ECT. III. — SYNODS. i 
 
 1. A Synod is a court of the church next superior to the 
 
8YNODH. 
 
 11 
 
 t — to 
 vhich 
 
 CO. 
 
 luallj 
 
 Presbytery, and i« coiuj)us(;«l of tlie wliolo ininiRters and (dders 
 on the rolls of the Pre.sbytcM'ioa within its bounds. 
 Powers. 2. It jiertains to the Synod to inaj)ect Presljyterics — 
 to oxaniinc their reeord.-; — to consider references from them — 
 to give them advice or instructions when required — to judge 
 of complaints or appeals against their sentences — to afHrm, 
 reverse, or vary these ; — to stir up, exhort, advise or rebuke 
 Presbyteries when necessary, to dispose of overtures, and, in 
 general, to attend to all matter^s relating to the interests of 
 tlie church within its bounds. 
 
 Moderator, etc. 3. Like tlio inferior courts, the Synod has a 
 moderator, who presi«lc5S at its meetings, ])reserves order, takes 
 the votes, announces the decisions, administers censures, and 
 opens and closes each sederunt with prayer ; a clerk who 
 attends to the preparation of, and keeps, the roll of members, 
 frames the minutes of synod, engrosses them in the records, 
 and is bound to give undivided attention to the business of 
 Synod, to preserve its papers, and write out and attest 
 extracts of its resolutions or decisions when ordered by the 
 court. The moderator is chosen at each meeting. -• • •> 
 „. 4. The ordinary meetings of the Synod are held 
 
 Meeting, annually or semi-annually, as may be arran^^ed at 
 the precediiig meeting. Special meetings may also be called 
 by the moderator on the requisition of fifteen members, of 
 which ten days' notice shall be given. 
 
 Quorum. 5. Any seven members constitute a quorum capable 
 of transacting business, provided there are in said quorum a 
 member or members of at least two different Presbyteries and 
 three ministers. ' 
 
 Roll. 6. The clerks of the several Presbyteries send certified 
 rolls of their Presbyteries to the clerks of their respective 
 
12 
 
 SYNODS. 
 
 Synods, at least eight days before the meetings of said Synod ; 
 and sucli rolls are the rolls respectively of the several Synods. 
 
 7. The moderators of said Synods are nominated and ap- 
 pointed by open vote, or in such other manner as the Synod 
 itself may from time to time determine. The business is con- 
 ducted in the same manner, mutatis mutandis, as is the busi- 
 ness of the General Assembly ; and the Synods have power 
 from time to time to frame, alter and amend such other and 
 additional standing orders as they may deem necessary for 
 their own orderly procedure. 
 
 8. It shall be the duty of the Synod to keep full and fair 
 records of its proceedings, to submit them annually to the 
 inspection of the General Assembly, and to report to the 
 Assembly the number and membership of its Presbyteries, 
 together with the licensures, ordinations, inductions, admis" 
 sions, translations, demissions, deaths, and depositions of 
 their ministers. 
 
 SECT. IV. THE GENERAL ASSEMBLY. . 
 
 1. The General Assembly is the highest judicatory of the 
 Canada Presbyterian Church. It represents in one body, all 
 the particular churches of the denomination, and bears the 
 title of The General Assembly op the Canada Presbyter- 
 ian Church. v ^ 
 Constitution. 2. The General Assembly consists of one-third of 
 the whole number of the ministers on the roll of the several 
 Presbyteries, with an equal number of representative elders, or 
 of such other proportion as may at any time be lawfully de- 
 termined on ; and said members are appointed in the manner 
 following, viz : 
 
 1. At an ordinary meeting of the Presbytery, held at least 
 
Tn2 GENERAL ASSEMBLY. 
 
 13 
 
 thirty days before the meeting of the Assembly, each Pres- 
 bytery shall appoint tlie ^)roportional number of ministers and 
 elders. 
 
 2. The Presbytery shall forthwitli grant to the ministers 
 and elders thus elected and appointed commissions in duo 
 form, attested by their clerk, who siiall forward such commis- 
 sions to the clerk of tlie General Assembly, at least eight days 
 before its meeting, and said clerk shall from such commissions 
 prepare an interim roll, to be called at the opening of said 
 Assembly, and which, being amended and corrected, if neces- 
 sary, shall be confirmed as the roll of the General Assembly. 
 
 3. Should the number on the roll be incapable of division 
 by three, then the third shall be third of the next higher 
 number capable of such division. 
 
 (4). Any fourteen of these commissioners, one-half of whom 
 shall be ministers, being met on the day, and at the place 
 appointed, are a quorum for the transaction of business. 
 Powers. 3. The General Assembly receives and issues all ap- 
 peals and references which may be regularly brought before it 
 from the inferior judicatories. It reviews the records of every 
 Synod, and approves or censures them : it gives advice and 
 instruction in all cases submitted to it in conformity with the 
 constitution of tho Church ; and it constitutes the bond of 
 union, pe'^ce, correspondence, and mutual confidence, among 
 all the churches. 
 
 4. To the General Assembly also belongs the power of de- 
 ciding in all controversies respecting doctrine and discipline ; 
 of reproving, warning, or bearing testimony against error in 
 doctrine, or immorality in practice, in any Church, Presbytery, 
 or Synod; of superintending the education of theological stu- 
 dents ; of granting leave to Presbyteries to take students on 
 
 .:..«? 
 
mmmmm 
 
 mmmmm 
 
 14 
 
 THE GENERAL ASSEMBLY. 
 
 trial for lecture ; of erecting new Synods and Presbyteries 
 when it may be j iidged necessary ; of superintending the 
 concerns of the whole Church ; of corresponding with foreign 
 churches, on such terms as may be agreed upon by the Assem- 
 bly and the corresponding body ; of suppressing schismatical 
 contentions and disputations; and, in general, of recommend- 
 ing and attempting reformation of manners, and the promo- 
 tion of charity, truth, and holiness through all the churches 
 under its care. 
 
 Sermon, adjustment ^' ^^^^ General Assembly meets at least once 
 roll etc. every year. On the day appointed for that 
 
 purpose, a sermon is preached by the moderator of the last 
 Assembly, if present, or in his absence by the previous 
 moderator ; and immediately thereafter the General Assembly 
 is constituted by him in the name of the Lord Jesus Christ ; 
 reports are then received from the various Synods of the 
 licensures, admissions, inductions, ordinations, translations, 
 deaths, demissions, suspension, or deposition of ministers, 
 the erection or dissolution of congregations and mission 
 stations, which may have taken place within their bounds, 
 with the dates of these events. These reports are 
 recorded. The roll is then called and the names of those 
 present marked thereon. No commissioner has a right to 
 deliberate or vote in the Assembly until his commission has 
 been presented and his name enrolled by the clerk. A new 
 moderator is then chosen from among the members present, 
 and the person elected immediately takes the chair. 
 
 6. It is the dutv of the moderator to make himself the- 
 roughly i* quainted with the rules, and on no occasion to 
 allow their infraction, but to see that the business is conducted 
 in accordance with them ;* and the Assembly supports him 
 
 *The moderator for this purpose should always have before him a copy of the 
 Rules, R8 well as the Holy ScriptureB, juul the Confession of Faith. 
 
THE GENERAL ASSEMBLY. 
 
 15 
 
 on all occasions in the exercise of his legitimate authority. 
 The moderator has a casting vote in all cases of equality, but 
 no deliberative vote. He is not entitled to speak on any 
 subject before the court, or to make any motion unless he 
 leaves the chair, which he can only do by permission of the 
 Assembly ; and in this case, or in the event of his necessary 
 absence, the chair is taken by any member whom the Assem- 
 bly may appoint. In any case in which the moderator is 
 interested as a party, he must leave the chair, which is filled 
 as above mentioned. When called upon to nominate a com- 
 mittee, the moderator is not required (except in cases where 
 it is obviously necessary) to nominate the members thereof 
 on the instant ; but may do so at some convenient time 
 afterwards, or, in cases of importance, at the following 
 sederunt. - . . „ 
 
 7. Each sederunt is commenced with praise, reading 
 
 Seder unts. 
 
 a portion of Scripture, and prayer. The first busi- 
 ness of each sederunt after the first, is to read the minutes of 
 the preceding sederunt, after which an opportunity is afforded 
 to any member to move the correction of any inaccuracy he 
 may have observed. - * > i 
 
 8. Every committee of Assembly has a Chairman 
 or convener, and a clerk, who are nominated by 
 itself, if not appointed by the Assembly. Committees cannot 
 meet during the hours of the Assembly's sittings, without 
 leave from the court, and their reports to the Assembly arc 
 always in writing. Of all committees regular minutes are 
 kept by their respective clerks, and these minutes in general 
 form their reports to the Assembly. 
 
 Committee of bills 9. Every paper proposed to be submitted to 
 the Assembly must, in the first instance, be 
 
 Committees. 
 
 and overtures. 
 
mm 
 
 16 
 
 THE GENERAL ASSEMBLY. 
 
 laid before the committee on bills and overtures, as provided 
 in standing orders. For the purpose of enabling the com- 
 mittee more deliberately to discharge its duties, it is ordered 
 that extracts of the minutes appointing the members of 
 committee, and all papers to be laid before the Assembly, 
 shall be forwarded from the respective Synods and presby- 
 teries to the clerk of the committee, at least eight days before 
 the day of the Assembly's meeting. It is the duty of the 
 cle^k to arrange these papers and lay them before the com- 
 mittees, and parties having causes have a right to attend for 
 their interest. The i^winmittee has also the power of meeting 
 and reporting from time to time during the Assembly's 
 meeting, as it may find to be necessary or be directed ; all 
 such meetings being announced from the chair. 
 
 10. The duties of the committee are the following, viz : 
 (1.) To see that aU the papers forwarded to their clerk, 
 and laid before them, have been duly transmitted, and are 
 in all respects regular and proper to be laid before the Assem- 
 bly, ere they decide on their transmission. Before refusing 
 l3 transmit, they give the parties notice of the objections to 
 transmission, and liberty to amend their papers, or otherwise 
 obviate the objections, if practicable. The committee's reso- 
 lutions for or against transmission, may be brought under 
 review of the Assembly by appeal or complaint. 
 
 (2.) To fix at their first meeting the order of business for 
 at least the first and second days of the Assembly. They are 
 charged with the arrangement of the whole business to be 
 brought before the Assembly, including not merely those 
 causes, the papers in which require to pass under their 
 examination, but also other ma' ters, such as reports of other 
 committees, which are to engage the attention of the Assem- 
 
^: 
 
 THE GENERAL ASSEMBLY. 
 
 17 
 
 bly. For the purpose of enabling the committee to execute 
 this part of their duty, conveners of committees having 
 reports to make are required to communicate to the clerk the 
 nature of these reports, and how far discussion thereon is to 
 be anticipated. 
 
 (3.) To fix not merely the order of the whole business, but 
 also, as far as practicable, the time when each particular 
 cause or matter shall be taken up. After all the papers and 
 documents belonging to the causes have been read, the com- 
 mittee consider and decide on the arrangement of business. 
 It is also an instruction to the committee, that the causes be 
 set down for each day as much as possible in the order of 
 their importance, and that minor matters be not introduced 
 to the prejudice of those which are more important. 
 
 (4.) The committee are authorized, whenever they may 
 think it conducive to the despatch of business, to report 
 their opinion to the Assembly on the form in which any par- 
 ticular cause should be taken up ; and when any case appears 
 to them suitable for being remitted to a special committee, 
 or to be taken up by a committee of the whole house, they 
 may give a recommendation to that eifect. They have also 
 power to order any important overtures or other papers to be 
 printed at the Assembly's expense, and copies to fc j distribu- 
 ted to the members of court. 
 
 (5.) So soon as practicable after the Assembly is constitu- 
 ted, the committee report the causes transmitted, and the 
 order and other arrangements made. As soon as the arrang- 
 ment of business is fixed upon, a roll of causes is affixed to 
 the door of the Assembly house, and may be printed for the 
 information of the members and parties. 
 
 (6.) The convener of the committee gives regular attend- 
 2 
 
18 
 
 THE GENERAL ASSEMBLY. 
 
 
 
 Pleadings. 
 
 ance on the Assembly, introduces the causes transmitted, 
 reads the papers to the court, and makes such explanations, 
 as the committee may have directed, for the purpose of putting 
 the Assembly more fully in possession of the case. 
 
 11. Parties, in drawing up their papers, are to avoid 
 all acrimonious expressions, and study brevity ; and 
 in causes in which commissioners appear, no more than two 
 on each side are permitted to speak. A reply is allowed to 
 the first party, but this is confined to the statement or expla- 
 nation of facts, without argument. 
 
 12. When parties in a case have been fully heard, any 
 member of Assembly oi Synod may, through the moderator, 
 put questions to them relative to facts pertinent to the cause, 
 they are then declared removed, and are not afterwards 
 allowed to interfere in the discussion. ; < ^ - 
 
 13. When an overture comes from a Presbytery, not more 
 than two members are heard in support of it. If there be 
 several overtures on substantially the same subject from 
 different Presbyteries or Synods only one member from each 
 court is heard in support of them, the speaker being fixed on 
 by the supporters of the overtures. This rule applies to all 
 cases in which Presbyteries or Synods are parties before the 
 Assembly. 
 
 Call to 1^' ^^® moderator has authority to interrupt and call 
 order, ^q order any member of the court, or party at the bar, 
 who departs from the subject, or infringes the rules of 
 procedure. 
 
 15. Any member of court has a right to call to order, and, 
 immediately on his doing so, the speaker stops until the 
 question of order is determined. The member calling to 
 order is then allowed briefly to slate llio grounds on which 
 
THE GENERAL ASSEMBLY. 
 
 19 
 
 the call has been made ; but no other member is entitled to 
 speak to the point of order, unless with the permission or at 
 the request of the moderator, with whom the decision of the 
 point entirely rests ; and members calling to order unneces- 
 sarily are liable to the censure of the court. ,.,f4 
 
 For the further management of business, see the Standing 
 Orders of Assembly in the Appendix. (Sec. 26). 
 
 16. Members of Assembly who have been absent without 
 a sustained excuse, during the consideration and decision of 
 a case, have no right afterwards to re-introduce it, or to 
 dissent from the decision. This rule applies also to Synods, 
 Presbyteries and Sessions. v;.y, 
 
 Committee of ^^- ^^® Assembly, for the greater freedom of 
 House. discussion, has the power of resolving itself into 
 
 a committee of the whole house, in which case the moderator 
 leaves the chair, and a chairman is appointed. A separate 
 minute is taken of the proceedings of the committee. When 
 the Assembly resumes, the moderator takes the chair, and 
 the minutes of the committee are read. The resolution or 
 resolutions formed by it are then approved of, amended or 
 rejected. 
 
 18. Assemblies, Synods, and Presbyteries, are open courts, 
 but they have a right to deliberate with closed doors, when 
 the matter under discussion appears to require privacy. ^ 
 
 19. The Assembly being the supreme court of the church, 
 its decisions are final, and cannot be protested against or 
 appealed from ; nor can they be reviewed by any other court. 
 For the same reason it is entitled, when circumstances seem 
 to require it, not only to alter from time to time any of its 
 forms of procedure, but also in a casr> of urgent necessity to 
 dispense with the observance of them. These forms are 
 
IV^ 
 
 20 
 
 THE GENERAL ASSEMBLY. 
 
 merely intended to point out the most advisable and orderly- 
 course to be followed in ordinary circumstances, and are not 
 designed to abridge or limit the undoubted and inalienable 
 right of the church rulers to exert the authority conferred on 
 them by the Great Head of the Church, for the maintenance 
 of her purity, and the edification of her members. " ' ' * 
 
 20. The whole of the business of the Assembly being 
 finished, the minutes of the last sederunt are then read and 
 sanctioned. The Moderator may then address the Assembly ; 
 after which he declares it dissolved, and in the name of 
 the Lord Jesus Christ the King and Head of his church, 
 appoints another General Assembly to be held at 
 on the day of A. D. The Assembly 
 
 is then concluded with prayer, praise, and the benediction. 
 
 Sect. V. — Admission op Ministers and Licentiates 
 
 ,;■ ,1, FROM OTHER ChURCHES.* , ., ,. , ... 
 
 1. Ministers and licentiates, of other evangelical Presby- 
 terian churches, who hold and accept the Westminster 
 Standards, in terms of the Articles of Union, and who come 
 in the way of orderly translation, or are expressly designated 
 or commissioned as ministers or missionaries to this church, 
 are, on application to any Presbytery, and on producing the 
 proper documentary evidence, at once admitted as ministers 
 or probationers of this church. 
 
 2. In all cases in which an applicant for admission does 
 not come in the manner provided above, but with Presby- 
 terial or private certificates only, he is not received into full 
 standing as a minister or probationer of the church, unless with 
 the express sanction of the Assembly. But if on examina- 
 
 * A new act on this subject awaits the decision of the General Assembly. 
 
ADMISSION OF MINI8TFR8. 
 
 21 
 
 tion of the certificates of such party, at an ordinary meeting 
 of Presbytery, and on due consideration of the whole casa. 
 the Presbytery be unanimous, it may avail itself of the ser- 
 vices of the applicant, in the meantime. • ' " '•'' '• 
 
 3. The certificates of such last mentioned applicant are 
 presented to the Presbytery at an ordinary meeting thereof, 
 and he is dealt with as the Presbytery sees fit, in the way of 
 private conference, examination, and hearing his discourses, 
 with the view of ascertaining his soundness in the faith, 
 personal piety, knowledge, ministerial gifts, prudence, and 
 propriety of deportment ; and if satisfied on all these points, 
 the Presbytery records its judgment, and instructs its clerk 
 to issue circular letters to the Presbyteries, in the usual form, 
 as soon as possible, and to transmit the application with 
 relative documents, to the next ensuing Assembly. In the 
 event of the Assembly granting permission, such applicant is 
 received by the Presbytery and recognized as a minister or 
 probationer, as the case may be, of this Church. 
 
 4. Ministers from other churches applying for admission, 
 require to appear personally at the meeting uf Assembly at 
 which such application is made. r f« 
 
 Sect. VI. — LicBNSiNa op Students. 
 
 1. No student shall apply for license until the last session 
 of his theological course is concluded. 
 
 2. When a student applies to any Presbytery to be taken 
 on trial for license, he produces certificates from the professors 
 and senate of the coUege, or from the professors of any theo- 
 logical college in connection with churches in communion 
 with this church : (1), That he has completed the theological 
 cuiriculum; (2), that he has delivered the five discourses 
 
WW 
 
 LICENSING OP STUDENTS. 
 
 prescribed to him in the course of his studies ; (3), that his 
 character and conduct during his attendance at college, were 
 suitable to his views of life. 
 
 3. The Presbytery then examines said student in Latin, 
 Greek, Philosophy, Theology, and Practical Eeligion. If 
 the examination be sustained, the clerk is directed to make 
 application to the next General Assembly for leave to take 
 such student on trial for license, certifying at the same time 
 that the r^^quisite certificates had been produced, and the 
 examination had been sustained. 
 
 ' 4. Leave having been obtained from the General Assembly, 
 the student then undergoes his public probationary trials. 
 These are examinations : 1 , On Biblical Hebrew and Greek ; 
 2, on Theology, Church History, and Government, and on 
 Personal Religion. 3, He also reads before the Presbytery : 
 (1), A Latin exercise ; (2), a Greek critical exercise ; (3), a 
 Homily ; (4), a popular lecture ; (5), a popular sermon. 
 The Presbytery may reject any or all of these trials, and may 
 examine the student on his various discourses, if it sees 
 cause. 
 
 5. The trials being finished, the Presbytery takes a con- 
 junct view of the whole, and records its opinion. If not 
 satisfied therewith, the licensing is deferred, and the Pres- 
 bytery acts in the matter as it sees for edification ; if the 
 trials be sustained, the court proceeds to license said student 
 to preach the Gospel. This is done in the following manner : 
 
 6. (1), He gives his assent to the questions required by 
 the Church to be put in such cases, and either signs the 
 formula, or agrees to sign it when required. (2), The 
 moderator then gives him a suitable address, and after prayer 
 for the divine blessing, does, in the name of the Lord Jesus 
 
FORMULA FOR ORDINATION, ETO. 
 
 23 
 
 Christ, and by the authority of the Presbytery, license him 
 to preach the Gospel wherever he may be orderiy called. 
 The clerk is then instructed to grant an extract of license 
 when asked. "♦ ' ; . 
 
 Sect. VII. — Questions and Formula for Ordination 
 ,,. AND License. 
 
 i. /. — Questions to be put to a Minister at his Ordination. 
 
 1. Do you believe the Scriptures of the Old and New 
 Testaments to be the Word of God, and the only rule of 
 faith and manners 1 * . . .; < . ;, , i . 
 
 2. Do you sincerely own and believe the whole doctrine 
 contained in the Confession of Faith, approved by this 
 church in terms of the Articles of Union, to be founded upon 
 the Word of God ; and do you acknowledge the same as the 
 confession of your faith ; and will you firmly and constantly 
 adhere thereto, and to the utmost of your power assert, 
 maintain, and defend the same, and the purity of worship as 
 presently practised in this church ? 
 
 3. Are you persuaded that the Lord Jesus Christ, the only 
 king and head of the Church, has therein appointed a gov- 
 ernment, distinct from, and not subordinate to that of the 
 Civil Magistrate ; and that the Civil Magistrate does not 
 possess jurisdiction or authoritative control over the regulation 
 of the affairs of Christ's Church ? 
 
 4. Do you acknowledge the Presbyterian form of govern- 
 ment, as authorized and acted on in this church, to be founded 
 on and agreeable to the Word of God, and do you promise 
 to submit to the said government and discipline, and to con- 
 cur with the game, and not endeavor, directly or indirectly, 
 the prejudice or subversion thereof, but to the utmost of your 
 
24 
 
 FORMULA FOR ORDINATION, ETC. 
 
 1 1 
 
 power, in your station, to assci;, maintain, and defend the 
 same discipline and presbyteriaii government by Sessions, 
 Presbyteries, Synods and Assemblies. ' ' 
 
 5. Do you promise to give a conscientious attendance on 
 the courts of this church, to submit yourself willingly and 
 humbly, in the spirit of meekness, unto the admonitions of 
 the brethren of this Presbytery, and to be subject to then* 
 and all other Presbyteries, and the superior judicatories of 
 this church, where God in his providence shall cast your 
 lot ; and that according to your power, you will maintain 
 the unity and peace of this church against error and schism, 
 whatever trouble or persecution may arise, and that you will 
 follow no divisive course from the present doctrine, worship, 
 discipline, and governirient of this church ? 
 
 6. Are not zeal lov the honour of God, love to Jesus 
 Christ, and desire of saving souls, your great motives and 
 chief inducements to enter into the functions of the holy 
 ministry, and not worldly designs and interests? j'-^i^ 
 
 7. Do you engage, in the strength and grace of Jesus 
 Christ, our Lord and Master, to rule well your own family, 
 to live a holy and circumspect life, and faithfully, diligently, 
 And cheerfully to discharge all the parts of the ministerial 
 work, to the edification of the body of Christ ? > 
 
 8. Have you used any undue methods, either by yourself 
 or others, in procuring this call t 
 
 The members of the Church being requested to stand upj they 
 
 I may signify their assent to the following questions by 
 
 holding up their right hand. r^ 
 
 9. Do you, the members of this church, testify your 
 adherence to the call which you have given to Mr. A. B., to 
 be your minister, and do you receive him with all gladness, 
 
FORMULA FOR ORDINATION, ETC. 
 
 V 
 
 and promise to provide for him a suitable maintenance, and 
 to give him all due respect, subjection and encouragement in 
 the Lord 1 
 
 ;,fM,. 
 
 I'll ^'t I • ';.} , 
 
 To the Minister. 
 
 10. Do you adhere to your acceptance of the call, to 
 become minister of this church ? 
 
 11. All these things you profess and promise, through 
 grace, as you shall be answerable at the coming of the Lord 
 Jesus Christ with his saints, and as you would be found in 
 that happy company ? • : •• < ;. -. 
 
 II. — Questions for the Licensing of Students. ;,, 
 
 1, 2, and 3. The same as the foregoing. 
 
 4. Do you promise to submit yourself in the Lord to the 
 authority of the several judicatories of this church, and to 
 the Presbytery within whose bounds you may be called upon 
 to labour? 
 
 5. Do you engage, in the strength of Divine grace to live 
 a holy and circumspect life, and faithfully, diligently, and 
 cheerfully to perform all the parts of the work of a proba- 
 tioner for the office of the ministry ? 
 
 >'?' 
 
 \ih'.-i n«l f 
 
 ,'-» 
 
 r I 
 
 711. — Questions for the Ordination of Elders. 
 
 1, 2, and 3. The same as foregoing. 
 
 4. Do you engage, in the strength of the grace that is in 
 Jesus Christ, to perform with diligence and faithfulness the 
 duties of a ruling elder, watching over the flock of which 
 you are called to be an overseer, in all things showing your- 
 self a pattern of good works ? 
 
«« 
 
 FORMULA FOR ORDINATION, ETC 
 
 mm 
 
 IV. — Questions for the Ordination of Deacons. 
 
 1, 2, and 3. The same as the foregoing." '** 
 
 4. Do you accept the office of a deacon of this church, and 
 
 promise through grace, faithfully and cheerfully, to discharge 
 
 the duties thereof? 
 
 V. — Formula to he signed by Minister-';, Prohationers, 
 Elders and Deacons. 
 
 I do hereby declare that I do sincerely own and believe 
 the whole doctrine contained in the Westminster Confession 
 of Faith, as approved by this Church, in terms of the Articles 
 of Union, to be the truth of God ; and I do own the purity 
 of worship presently authorized and practised in this Church, 
 and also the Presbyterian government and discipline thereof ; 
 which doctrine, worship, and chur«h government I am per- 
 suaded are founded upon the Word of God and agreeable 
 thereto ; and I promise that, through the grace of God, I 
 shall firmly and constantly adhere to the same, and to the 
 utmost of my power shall, in my station, assert, maintain, 
 and defend the said doctrine, worship, and discipline of this 
 Church, and the government thereof, by Sessions, Presby- 
 teries, Synods, and Assemblies ; that I shall, in my practice, 
 conform myself to the said worship, and submit to the said 
 discipline and government, and not endeavour, directly or 
 indirectly, the prejudice or subversion of the same ; and I 
 promise that I shall follow no divisive course from the 
 present order in the Church ; renouncing all doctrines, tenets, 
 and opinions whatsoever, contrary to or inconsistent with 
 the said doctrines, worship, discipline, or government of this 
 Church. 
 
^ ■• 
 
 fn^ii r^: il 
 
 
 .1-; 
 
 1. 1 / 
 
 
 •J 
 
 . -a*-! 
 
 'K/O-^- 
 
 CHAPTER II. 
 
 •■ij> 
 
 H 
 
 Beferences. 
 
 REPEEBNCBS, DISSENTS, APPEALS, COMPLAINTS, PETITIONS, 
 
 OVERTURES, &0. : » 
 
 1. In cases of difficulty or importance, a Session, instead 
 of itself deciding, may refer the cause to the 
 Presbytery, either for advice or for Judgment ; a 
 
 Preshytery, in like manner, may make a reference to the 
 Synod, but in the event of no meeting of Synod occurring 
 before the meeting of the supreme court, then directly to the 
 General Assembly ; a Synod may also refer a case to the 
 Assembly. 
 
 2. When reference is made merely for ctdmce, the par- 
 ticular point on which advice is requested should be distinctly 
 stated in writing, and the procedure (so far as concerns the 
 point, or anything depending on it) is sisted till the advice 
 is given, after which it is resumed. If reference is made 
 for judgment, the case is " simplicit&r referred," and thence- 
 forward depends before the superior court to which the 
 reference is made, unless it be sent back with instructions. 
 When the reference is for judgment, all the papers connected 
 with the cause must be regularly transmitted to the upper 
 court in time for its meeting, with an extract of the deed of 
 reference , and the parties concerned are warned to appear 
 before that court, by intimation to them personally, if 
 present, or by timely notice sent to them, that they may 
 
REFERENCES. APPEALS, ETO. 
 
 be heard for their interest. It is also the duty of the court 
 making the reference, to appoint commissioners to be present, 
 and explain the matter referred, and the reasons for the 
 reference. •. 
 
 3. A reference does not prevent the members of the court 
 by which it is made from sitting, deliberating, and voting on 
 it in the supeiior court. 
 
 4. References are not to be made without good cause. It 
 is the duty of the inferior courts to exercise their own judg- 
 ment, and not to apply to the superior courts, except on 
 points of difficulty or general importance, and after having 
 proceeded in the cause as far as practicable. 
 
 5. When a member of a court who has voted in a 
 cause is dissatisj&ed with any decision, he may enter 
 his dissent from it, either simply or for reasons to be given. 
 If against the decision of a Session or Presbytery, th<^ "easons 
 are lodged with the clerk within ten days. If against that 
 of the Synod or Assembly they must be lodged at the next 
 sederunt, and may be recorded if required. A party who 
 has brought a case by protest and appeal, or by dissent and 
 complaint before the supreme court, cannot enter his dissent 
 against its judgment. 
 
 6. A mere dissent from the decision of an inferior court, 
 does not give a member of that court a right to be heard in 
 the case, should it afterwards come before a superior court, 
 by protest and appeal of the party, or dissent and complaint 
 of another member. 
 
 Proteats and ^* -^J P^rty ^ * cause, who may feel aggrieved 
 Appeals. ]^y jjjjQ decision of a Session, Presbytery or Synod, 
 is entitled to have the decision subjected to the review of 
 
REFERENCES, APPEALS, ETC. 
 
 the immediate superior court ; and if he does not avail 
 himself of this privilege, he is held as submitting to and 
 acquiescing in the sentence pronounced, whether as regards 
 the merits of the case or the regularity of the proceedings. 
 In order to secure the privilege of appeal, the party, on the 
 decision being announced, must protest and appeal to the 
 Presbytery, Synod, or General Assembly (as the case may 
 be), and crave extracts. 
 
 Dissents and 8. If a member of an inferior court who has 
 Complaints, u^^yed or voted in the cause, is dissatisfied with 
 its decision and wishes to bring said decision under the 
 review of the superior court, he dissents and complains and 
 craves extracts ; by which means, as well as by the protest 
 and appeal ot a party, the case is brought before the court 
 of review. 
 
 9. Parties complaining or appealing shall, if they demand 
 them, be allowed copies of the whole proceedings at their 
 own expense. And in case of references, appeals, or com- 
 plaints, the judicatory from which the case issues shall send 
 authentic copies of the whole process to the higher courts. 
 Effect of 10. A protest and appeal, or a dissent and corn- 
 Protests, &c. piajjit^ (j^iy followed by reasons, sists procedure 
 
 in the inferior court, and the sentence or decision appealed 
 from or complained against is not to be acted on, until the 
 appeal or complaint is heard and determined. But if the 
 inferior court shall consider that delay to act on or execute 
 the sentence or deed appealed from or complained against 
 would be inconsistent with justice or injurious to the interests 
 concerned, it may resolve to disregard the same, and to act 
 upon the sentence or deed just as if no appeal or complaint 
 
! I 
 
 II 
 
 30 
 
 REFERENCES, APPEALS, ETC. 
 
 Reasons. 
 
 had been taken, subject always to the risk of the consequent 
 procedure being annulled, and the censure of the superior 
 court ; or it may pronounce such interim order as the circum- 
 stances of the case, and the good order and discipline of the 
 church seem to require ; which interim order, in all cases, 
 takes effect, notwithstanding of any complaint or appeal 
 against it. An appeal or complaint against a judgment 
 which is merely on a branch of the cause, or relates to an 
 incidental point occurring in the course of it, and is not on 
 the merits of the case itself, does not prevent the inferior 
 court from proceeding with the cause and ripening it to a 
 final judgment. 
 
 11. When a protest and appeal by a party is taken, 
 reasons of appeal are to be lodged with the clerk of 
 
 the inferior court within ten days, unless longer time has 
 been allowed. If this be not done, the appeal falls, and the 
 party making it is held to have departed from it. No mem- 
 ber of court can join in the appeal of a party, but where, 
 having moved or voted in the cause, he dissents and complains^ 
 he must also give in reasons according to this rule. 
 
 12. When an appeal or complaint is made, the court 
 whose sentence is thereby brought under review, 
 
 Appoints a committee of its number to prepare answers to 
 the reasons of appeal or complaint, and afterwards to defend 
 and vindicate its decision. The answers, after being pre- 
 pared, are read and approved of by the court, and then 
 transmitted to the superior court, along with the extracts of 
 minutes, and all other papers belonging to the cause. Mem- 
 bers of court who have complained against the decision, or 
 dissented &om it, have no right to take part in the prepara- 
 tion of the answers, or discussion thereon. 
 
 Answers. 
 
REFERENCES, APPEALS, ETC. 
 
 p review. 
 
 Judgment. 
 
 13. When other parties are interested in a case thus 
 carried to a superior court, they are necessarily carried 
 along with it, and intimation is made to them, that they may 
 appear for their interest. If present, they receive intimation 
 from the moderator in the presence of the court. If absent, 
 official notice is sent to them by the clerk. . -n u 
 
 14. When the appeal or complaint is entered on 
 in the superior court, it is necessary, first of all, to 
 ascertain that it has come regularly before the court, and 
 that the parties have all been cited and are prest.xt. The 
 papers connected with it are then read : first, the sentence 
 appealed from or complained against ; second, the reasons of 
 of appeal or complaint and an&wers ; and third, the whole 
 record of the proceedings in the court below ; after which 
 the appellant or complainant is heard ; then the commis- 
 sioners from the Session, Presbytery, or Synod, whose 
 decision is under review ; then any other parties having an 
 interest. The appellant or complainant being heard in 
 reply, the court proceeds to deliberate, and to give its 
 decision. 
 
 15. If the appeal or complaint be judged to be ill-founded 
 (or male appellatum), it is dismissed and the decision of the 
 inferior court stands affirmed; but if it be sustained, the 
 judgment is not necessarily reversed. The sustaining of the 
 appeal or complaint opens the cause for the decision of the 
 court, and may be followed by an alteration either partial or 
 total, or by a remit to the inferior court with instructions, or 
 by other findings or orders suitable to the circumstances. 
 It is also competent to the court, after it is fully in possession 
 of the merits of a cause brought before it, to waive the 
 
 <% »>fi.t 
 
32 
 
 REFEBENOES, APPEALS, ETC. 
 
 Petitions. 
 
 consideration of the merits of the appeal or complaint, 
 altogether, and without pronouncing it either \rell or ill- 
 founded, to give such decision in the original cause as may 
 appear to bt consistent with the interests of truth and justice. 
 Absenct)c* ' • ^^ t^© party appealing or complaining does not 
 Parties. ^^,i,^.ii,o. when the case is called, or send a sufficient 
 reason f )! ibsenc^^, t' i court may refuse to enter upon it ; 
 and such a rexusal iS eoiivalent to a dismissal of the appeal. 
 17. Every member of the church has access to the 
 different courts by petition or memorial. He has 
 direct access to the Session of the congregation to which he 
 belongs, and he has also access to the Presbytery, Sjnaod, or 
 General Assembly, but his petition or memorial to the 
 Presbytery, Synod, or General Assembly must be presented, 
 in the first mstance, to the Session of the congregation to 
 which he belongs, with a request that they mil transmit it 
 to the Presbytery, and the Presbytery to the Synod or 
 General Assembly. 
 
 18. Transmission of a petition does not imply approbation 
 of its object, or concurrence in it ; but it is the duty of the 
 inferior courts, in transmitting petitions, to see that they are 
 regular, and expressed in respectful terms. Sessions or 
 Presbyteries may refuse to transmit, in which case the 
 petitioner is entitled to protest and appeal in the manner 
 above directed, and thus bring the matter before the next 
 superior court. i 
 
 19. The same rules apply to the case of a petition by any 
 number of parties, or by a congregation as such. 
 
 20. Sessions have a right of direct representation and 
 petition to the Presbytery of the bounds, and through it to 
 the Synod and Assembly. 
 
REFERENCES, APPEALS, ETC. 
 
 33 
 
 Overtures. 
 
 21. Ministers have direct access to the Presbytery by 
 petition for advice in any matter connected with t\eir office. 
 22. Overtures are proposals made to tlie supreme 
 court to enact rules binding upon the wliole church, 
 or to pass resolutions on any matter of general importance. 
 
 23. They may be originated by a Synod, Presbytery, 
 ►Session, minister, elder, or private member of the church, 
 but must be submitted in writing, and regularly transmitted 
 in the same way as petitions. They may also be brought in by 
 a committee of Synod or Assembly appointed for the purpose. 
 
 24. An overture which contemplates a material change on 
 the constitution of the church, if entertained by the Assem- 
 bly, is to be very leisurely and carefully considered, and 
 should be remitted to Presbyteries for their consideration, 
 before being finally adopted, but the Synod may order it to 
 be acted on ad interim in the manner following : 
 
 (1.) 1^0 standing law or rule shall bo made, by 
 overture or otherwise, relative to matters of doc- 
 trine, discipline, government, or worship, until first such 
 shall be submitted to all the Presbyteries of the church for 
 their approbation ; that such approbation be given by each 
 Presbytery at an ordinary meeting thereof; and that the 
 decision of Presbyteries be recorded in the minutes, and an 
 extract of the same be sent to the clerk of the General 
 Assembly before its next meeting. 
 
 (2.) The Assembly, if it sees cause, may, by a majority of 
 two-thirds of those present, pass such proposed law or rule 
 into an interim act, which shrll possess the force of a law, 
 aye and until the Presbyteries have, as herein required, 
 expressed their judgment upon it. 
 3 
 
 Barrier Act. 
 
34 
 
 REFERENCES, APPEALS, ETC. 
 
 (3.) When a majority of Presbyteries have expressed their 
 approbation, the Assembly may pass such proposed law or 
 rule, into a standing law of the Church. 
 
 (4.) When a majority of the Presbyteries have expressed 
 disapprobation, then the Assembly shaU reject such proposed 
 law or rule, or again remit it to the Presbyteries. 
 
 ( 
 
•* 
 
 their 
 iw or 
 
 ressed 
 •posed 
 
 CHAPTER III. 
 
 ON THE FORMATION OP C0NGRBGATI0N8, THE RIGHTS OF CHURCH 
 MEMBERS, AND MANAGEMENT OF CONGREGATIONAL AFFAIRS. 
 
 Sect. I. — formation op congregations and erection of 
 
 CHURCHES. 
 
 1. Any number of persons approving of the principles of 
 our church, may apply to be formed into a congregation or 
 mission station by the Presbytery of the bounds. 
 Organization of 2. When application for this purpose is made, 
 congnregations. intimation is first of all given to the Sessions of 
 the congregations in the neigbourhood who may be affected 
 by the erection of the proposed new one, that they may 
 appear and be heard for their interest. 
 
 3. This intimation being made, the Presbytery appoints 
 one of its number to preach in xhe place from which the 
 application is made. The member so appointed holds a 
 meeting with the people, and reports to the Presbytery at 
 its next meeting concerning the necessities and religious 
 prospects of the locality. If, after hearing the petitioners, 
 and the report of its deputy as to the circumstances of the 
 case, and also any objections which may be offered, the 
 Presbytery deems the request proper, it may at once (provided 
 the petitioners are already members of the Canada Presby- 
 terian Church and have certificates of membership) declare 
 them to be a congregation, make up a communion roll, and 
 
 (35) 
 
86 
 
 FOUMATIOX OF CONGREGATIONS. 
 
 grant them a siii)ply of sermon. But if the petitioners are 
 persons not ah-eaily in comnumion with the cliurcli, the 
 Preshytery appoints a committee of its number to meet with 
 them, to expLiin to them the principles and constitution of 
 the cliurch, to receive attestations of their christian deport- 
 mentj to examine them individually as to their (Jhristian 
 attainments ; and, on obtaining satisfaction on these points, 
 to admit them into the fellowship of the church. The 
 committee report to the Presbytery, and the persons admitted 
 by it are then declared to be a congregation of our church) 
 and the roll of their names is kept by the Presbytery, until 
 elders are elected, to whom the charge of the roll is committed. 
 Duty when 4:. As soon as is expedient after the congregation 
 fonned. ^j. g^j^^ion is formed, they ought to take measures 
 for the election of elders. When prepared for this, they 
 apply to the Presbytery, which appoints a minister to preside 
 at an election. The moderator, having performed his duty, 
 _ sports the proceedings to the Presbytery, and if the elders 
 elect are found qualified, an edict is served and returned to 
 the Presbytery, which thereafter appoints a minister to 
 ordain the parties elected, provided no objections be offered. 
 If objections be offered, the matter is referred to the Presby- 
 tery and action stayed. 
 
 5. Before a new congregation can have a moderation 
 granted for obtaining a minister, it presents its trust deed 
 or constitution to the Presbytery, which the Presbytery 
 examines and sanctions, if found agreeable to the rules of 
 the church. 
 
 Places of ^' ^^ *^® formation of new congregations, it is 
 w*r»hip. extremely desirable that the parties interested should 
 
FORMATION OP CONGREGATIONS. 
 
 not fix on a locality f:)r ilie erection of a place of worship, or 
 on the pl.ins for the same, without first having ohtaineil the 
 sanction of the Preshytery. And in the event of any 
 existing congregation deeming it necessary to remove from 
 their present site, or to build a new edifice, the same should, 
 before being finally determined on, be submitted to the 
 consideration of the Presbytery. 
 
 Sect. II. — Rights of Members. 
 
 Members. 
 
 Admission. 
 
 1. The members of a congregation are the persons, 
 male and female, who have been received into full 
 communion. In the sense of enjoying the superintendence, 
 and if need be, the discipline of the church, the children of 
 members are also members of it, and, when they anive at 
 the years of discretion, they ought to make a personal pro- 
 fession of religion, and seek to enjoy the privileges, and 
 perform the duties, of church members ir full communion. 
 
 2. Persons are admitted into full communion with 
 the church by the Session of the congregation to 
 which they apply, after examination into their purity of 
 deportment, their soundness in the faith, and their acquaint- 
 ance with vital godliness and our principles as a church. 
 They are required to make a cordial profession of the faith 
 of Christ as held by this church, and to signify their readi- 
 ness to submit themselves to the Session and other church 
 courts as set oyer them in the LoikI. 
 
 3. When thus admitted, they have a right to the full 
 enjoyment of church privileges, unless charges are 
 made, or reports are in circulation, of irregularities of con- 
 duct, which may induce the Session to withhold these until 
 
 Rights. 
 
38 
 
 RIGHTS OF MEMUEUS. 
 
 ■ 
 
 M 
 
 ii 
 
 inquiry is made, and satisfaction obtained^ according to the 
 rules of the church. 
 
 4. ^lonibers in full possession of their privileges, and they 
 only, have a right to vote at congregational meetings, whether 
 in matters of an exclusively ecclesiastical character, such as 
 the election of ministers or elders, or in the secular affairs of 
 the congregation.* 
 
 6. In all cases, members of the church have direct access 
 to the Session with complaints against fellow-men s of 
 the congregation, or in matters connected with the ao»...'me, 
 discipline, and government either of the church as a whole, 
 or of the congregation with which they are more immediately 
 connected. In the case of complaints against fellow-members, 
 Chapter vi.. Sect, ii., Eule 2, must have been previously 
 observed. In the case of complaints against ministers, they 
 have direct access to the Presbytery. See Chap. I., Sec. I., 
 Rule i3. 
 
 6. They have also access to the Presbytery, Synod, and 
 General Assembly by petition, appeal, or overture, according 
 to the rules laid down under that head. See Chap. II. 
 
 7. When a member of the church wishes to submit any 
 matter to the Presbytery, Synod, or Assembly, especially if 
 it be one of general importance, he is in the first instance to 
 submit it for consideiation to his Session, who may possibly 
 concur in his views ; if they do not, he may then present a 
 petition to the Presbytery, Synod, or Assembly, and apply for 
 its transmission through the Session, as formerly directed. 
 
 * In some few cases it is believed that the title-deeds impose limitifitions on the 
 right of voting, or provide that seat-holders or others shall be entitled to vote in 
 matters relating to thu disposal of the property. Where this is the case, a meeting 
 at which such provisions come into operation, is not to be regarded aa a congrega* 
 tional meeting, in the strict sense of the term, but as one of the civil society, 
 interested in tlie property. It is desirable, however, to terminate such distinctions. 
 
RIGHTS OF MEMDBRH. 
 
 39 
 
 j\^ 
 
 to the 
 
 d they 
 whether 
 such as 
 fairs of 
 
 access 
 9 of 
 me, 
 whole, 
 idiately 
 mbers, 
 viously 
 's, they 
 Sec. I., 
 
 jd, and 
 
 cording 
 
 1. 
 
 lit any 
 
 ially if 
 
 ance to 
 
 ossibly 
 
 Bsent a 
 
 •ply for 
 
 rected. 
 
 s on the 
 » vote in 
 . meeting 
 longrega^- 
 society, 
 inctions. 
 
 8. A member wisliinj' to leave one concrrccation, 
 
 DiHJunctlona. , , • m • , ^ . . -, I 
 
 and to connect himself with nnother, is entitled 
 to receive a certificate of membership from the Session on 
 applying for the same, unless there be matters connected 
 with his conduct as a member of the church which seem to 
 the Session to call for inquiry ; in which case he has a right 
 to insist that enquiry be immediately entered upon, and 
 brought to a conclusion without unnecessary delay. 
 
 9. While such is the recognised right of church members 
 arising from the voluntary nature of the association, yet the 
 spirit of the Gospel requires that the members of a congre- 
 gation shall not abandon it for slight or frivolous causes of 
 offence. 
 
 10. The members of a congregation are under the inspec- 
 tion, and subject to the authority of the Session, till they 
 are either disjoined by certificate, or cut off from the mem- 
 bership in the exercise of discipline ; and it is the duty of 
 Sessions in granting certificates in the case of members who 
 have withdrawn in an irregular manner from the congregation, 
 not merely to attest the fact, that up to a certain period they 
 were in full communion, but also to state what they know, 
 or have reason to believe, of their character and deportment 
 till the time when certificates of membership are granted. 
 
 11. On obtaining a certificate of membership from the 
 Session of one congregation, a member may attach himself to 
 any other congregation in the body, by lodging the certificate 
 with its minister or Session, when he forthwith becomes 
 entitled to all the privileges, and pledgee himself to discharge 
 all the duties, of a member in that congregation ; but if the 
 certificate contains any specialty, such as that indicated in 
 
p 
 
 40 
 
 RIGHTS OF JI EMBERS. 
 
 the last rule, it is the duty of the Session applied to, to 
 inquire into the circuniBtances connected with it before 
 admitting. 
 
 12. A member of one congregation cannot be admitted 
 into another, until he produces from tlio Session of the 
 former a regular certificate of membership. 
 
 13. A member becoming disconnected with a congregation 
 either by allowing his name to be dropped from its roll, or 
 by declining the authority of the Session, cannot be restored 
 to the fellowship of the church by another Session until it 
 corresponds with the Session whuse authority he has declined, 
 or by whose deed he has been set aside, and obtains its 
 consent to deal with him with a view to restoration. If 
 that consent be refused, the case ought to be referred to the 
 Presbytery.' 
 
 Sect. III. — Management of Congregational Affairs. 
 
 1. All congregational meetings must be duly intimated. 
 This is done by public notice on the Sabbath-day before the 
 congregation is dismissed. • In the case of meetings with a 
 view to apply for a moderation, or for the election of a min- 
 ister or elders, the notice must specify the object of the 
 meeting, and be made to the congregation on two successive 
 Sabbaths immediately preceding the day of meeting. In 
 the case of meetings connected with the management of the 
 congregation's secular affairs, the notice is suflficient if made 
 on one Sabbatii immediately preceding the day of meeting, 
 unless otherwise provided for in the Rules or Constitution 
 adopted by the congregation. Ordinary stated meetings 
 for secular purposes are called by the Managers or Deacons, 
 
CONGREGATIONAL AFFAIRS. 
 
 as the case may be ; but meetings for special purposes are 
 called by, or Avith the sanction of, the Session ; and meetings 
 for proper ecclesiastical purposes are called by the Session 
 only. 
 
 2. 'At congregational meetings for proper ecclesiastical 
 purposes, the minister of the congregation, or minister 
 appointed by the Presbytery, presides, and the Session-clerk 
 officiates as clerk. At ordinary or special meetings held for 
 secular purposes, the minister, if present, takes the chair; 
 and when not present, the congregation choose a chairman 
 for the time (who may either be one of the elders or mana- 
 gers, or a private member), and also a clerk. 
 
 3. The precentor may be chosen by the congregation or 
 by the deacons or managers, or a committee chosen for the 
 purjiose, as may be arranged by the congregation with the 
 consent of the Session ; but he must be fitted by his char- 
 acter for conducting the psalmody, and in this as well as in 
 other matters connected with his situation, he is subject to 
 the control, and bound to obey the orders, of the Session by 
 whom also he may be removed for any cause deemed sufficient 
 by them. He must be approved by them before his appoint- 
 ment shall be confirmed ; and in the case of a vacancy taking 
 place in the office, the Session shall take stops to supply the 
 vacancy until a permanent appointment be made. 
 
 4. The management of the financial or secular concerns of 
 a congregation has necessarily an intimate connection with 
 its general prosperity, and the prudence exercised in this 
 department must involve, to a large extent, the comfort of 
 the people, and their harmony and edification, as well as the 
 usefulness and happiness of the minister. Care in the 
 
42 
 
 CONGREGATIONAL AFFAIRS. 
 
 framing of proper rules, and the punctual observance of 
 them, are, therefore, points of great importance. The Con- 
 stitution or Rules to be observed, are in some measure left 
 to the discretion of each congregation, to be modified accord- 
 ing to the plan which seems best adapted to circumstances ; 
 but they must always be consistent with the general prin- 
 ciples of church order, and be sanctioned by the Presbytery 
 of the bounds. 
 
 6. Care should be taken that the title-deeds of the property 
 belonging to the congregation are correctly framed. Trustees 
 must be appointed, in the names of whom, and of their 
 successors, the title deeds should be taken ; and it is of 
 great importance that the purposes of trust, and the powers, 
 duties, and obligations oi the trustees, should be clearly 
 defined in the title-deeds. The trustees ought to be members 
 of the Canada Presbyterian Church, and at the time of their 
 election should not be far advanced in life, and care should 
 be taken that the manner of appointing their successors be 
 specified in the trust deed. 
 
 6. Where the congregation judges it pioper to have 
 deacons ordained to serve the church in regard to its secu- 
 larities, they are intrusted with the management of the 
 whole financial concerns, as well as the distribution of the 
 contributions made for the poor, subject always to the obser- 
 vance of the Eules or Constitution sanctioned by the 
 Presbytery. 
 
 7. When there are no deacons, or their duties are limited 
 to the disiribution of the poor's fund, the management of 
 the secular affairs (other than the poor's money) is intrusted 
 to a committee of management. 
 
CONGREGATIONAL AFFAIRS. 
 
 43 
 
 ■;»•• 
 
 r/SfvJ. 
 
 8. The following Eules or Constitution for the regulation 
 of congregational affiiirs, are recommended as suitable. They 
 are fi*amed as applicable to the case where there is a com- 
 mittee of management, but, with slight alterations, may be 
 adjusted to apply to cases where the management is assigned 
 to deacons. No rules materially different in spirit or ten- 
 dency from these, will receive the sanction of the Presbytery. 
 (1.) The congregation shall hold an annual meeting on 
 the day of [or on one or other of the 
 
 lawful days of the month of ], of which 
 
 *:• meeting due notice shall be given by the officiating 
 
 minister from the pulpit, or precentor from the desk, 
 before the congregation is dismissed, on the Sabbath 
 immediately preceding. 
 * ' '• (2.) All the members, male and female, in the full 
 V?* I enjoyment of their privileges, and they only, shall 
 be entitled to attend this meeting, or other meetings 
 i' of the congregation, and vote upon any matters which 
 
 >■ may be competently brought forward. 
 
 (3.) The management of the secular affairs of the con- 
 gregation, including the care of the property — the 
 ordering of repairs or alterations thereon — the letting 
 of the seats, the collection of the rents, or of other 
 contributions for the support of ordinances — the 
 payment of the minister's stipend, and allowances to- 
 precentor, doorkeepers, etc., and other expenditure, 
 shall be committed to the charge of deacons or 
 managers,* who shall be bound to regulate their 
 
 *The number of managers should never be less than five. Nine, twelve, or 
 fifteen, are suitable numbers. And care should be taken that they are men of 
 prudence and sound judgment. Members of Session are eligible as well as ordinary 
 members. 
 
44 
 
 CONGREGATIONAL AFFAIRS. 
 
 administration of the matters committed to their 
 charge by these rules ; and also to observe any special 
 directions which may from time to time be given to 
 them by the congregation. 
 
 (4.) One-third of the managers shall annually retire 
 from the management by rotation, and their places, 
 with the places of any who may die or vacate their 
 office during the year, shall be filled up at the annual 
 meeting. The retiring managers shall be re-eligible. 
 
 (5.) Out of the managers, the congregation shall annually 
 elect a treasurer and clerk, f They also annually 
 elect two persons, members of the congregation, as 
 auditors of accounts, who shall, previous to next 
 annual meeting, examine the treasurer's books and 
 vouchers for the current year, and report thereon to 
 said meeting. The president shall be appointed at 
 each meeting. 
 
 (6.) Should any manager be suspended, or cut off from 
 privileges by the Session, or leave the congregation 
 he shall cease to be entitled to act as a manager. 
 
 (7.) The managers shall hold regular meetings at least 
 once every quarter, and oftener, when necessary. 
 These meetings shall be cal ed by the secretary, either 
 by intimation from the desk on the Sabbath preced- 
 ing, or by personal notice to the individual managers ; 
 and the secretary sliall be bound to convene a meet- 
 ing, whenever required to do so, by one-third of the 
 managers. 
 
 t It Is desirable that the persons holding the situations of treasurer and clerk 
 should not be frequently changed. 
 
 II!; 
 
CONGREGATIONAL AFFAIRS. 
 
 45 
 
 (8.) At these meetings three shall be a quorum. The 
 president shall not have a deliberative vote, but in 
 case of an equality of votes on any matter, ho shall 
 have a casting vote. 
 
 (9.) The treasurer shall keep a regular book of debit 
 and credit ; and shall produce the same, with the 
 vouchers, at the annual meeting, audited and doc- 
 queted by the auditors appointed by the congregation, 
 or failing them, by a committee of the managers. 
 
 (10.) The clerk shall keep a regular minute-book, acces- 
 sible to the managers at all times, wherein all the 
 minutes of the meetings of the managers, and of the 
 congregation, shall be faithfully entered ; and these 
 shall be signed by himself. 
 
 (11.) At each annual meeting of the congregation, the 
 managers shall report th^ir whole proceedings and 
 management during the year, and shall also lay 
 before the congregation an abstract of the receipts 
 and expenditure during the year ; with a statement 
 of the pecuniary affairs as they then stand ; and shall 
 afford all information which may bo required thereon ; 
 after which the congregation shall proceed to the 
 election of the managers for the next year, as before 
 provided for. 
 
 (12.) The managers, on obtaining the concurrence of 
 the Session, shall have power to call meetings of the 
 congregation for special puri)oses when they deem it 
 necessary, which meetings shall be duly intimated as 
 above provided for, the purpose of the meeting being 
 at same time notified. 
 
46 
 
 CONGUEGATIOXAL AFFAIRS. 
 
 (13.) The managers shall have no power to contract 
 debt on the security of the property, or for wliich it 
 may be attached, without the special authority of 
 the congregation, given either at the annual meeting, 
 or at a special meeting called for the purpose. They 
 shall not make any repair or alteration in one year, 
 exceeding the value of , nor shall they alter 
 
 the stipend of the minister without such authority. 
 
 (li.) The constitutional right of the Session to watch 
 over all the interests of the congregation, and to 
 interfere whenever, in their opinion, its welfare calls 
 on them to do so, by convening meetings of the 
 congregation for any purpose connected with its 
 affairs, or in any other competent manner, is expressly 
 reserved to them. 
 
 '(15.) When a proposal for any alteration of these rules 
 is made, it shall not be competent to adopt it at the 
 meeting at which it was first proposed ; but, if enter- 
 tained it shall lie over to be decided upon at the next 
 annual meeting, or at a special meeting to be called 
 for the purpose, not earlier than three weeks after 
 being so entertained ; and, before taking effect, it 
 shall be submitted to, and receive the sanction of, 
 the Presbytery. 
 
 9. Members dissatisfied with resolutions passed at a 
 congregational meeting, are not to have recourse to the civil 
 authorities for redress. In- general, it is the duty of the 
 minority to submit to the majority ; but if it is apprehended 
 that the voice of the majority has not been fairly ascertained, 
 ■or if any objection lie to the regularity of the meeting, or 
 
CONGREGATIONAL AFFAIRS. 
 
 47 
 
 ntract 
 
 lich it 
 
 ity of 
 
 eting, 
 
 They 
 
 year, 
 
 alter 
 
 •ity. 
 
 watch 
 
 md to 
 
 e calls 
 
 of the 
 
 ith its 
 
 pressly 
 
 56 rules 
 at the 
 - enter- 
 le next 
 \ called 
 :s after 
 Sect, it 
 :ion of, 
 
 [ at a 
 le civil 
 of the 
 hended 
 rtained, 
 ting, or 
 
 the competency or tendency of the resolutions which have 
 been passed, the parties dissatisfied may at once dissent and 
 complain to the Presbytery, and crave extracts ; in which 
 case, the majority supporting the resolutions complained of, 
 appoint commissioners to appear before the Presbytery to 
 answer the complaint ; and the complaint, itself, with reasons, 
 is lodged by the complainants with the Session at its first 
 meeting, for transmission to the Presbytery. On the case 
 being heard, the Presbytery may either proceed to judge in 
 the matter, or may appoint a committee to meet with the 
 parties, and endeavor to bring them to a right understanding. 
 
 Settlement of ^^' l^^fore a congregation apply for a moderation 
 stipend. with a vicw to the call of a minister, they agree 
 what provision they are able to make for his support, and 
 they empower the commissioners sent to the Presbytery with 
 their petition, as mentioned in the next chapter, to report 
 said resolution, and to give any other information the Pres- 
 bytery may require in regard to their number and pecuniary 
 affairs, and the prospects they have of being able to fulfil 
 their intentions. Presbyteries are enjoined not to grant 
 moderations to congregations who offer an amount of stipend 
 disproportioned to their ability. 
 
 11. This resolution is the estimate made by the congre- 
 gations themselves of the sum they are able in existing 
 circumstances to raise by their voluntary exertions for the 
 support of the Gospel among them. It should be made in 
 good faith, and it is the duty of individual members to exert 
 themselves, by contributing severally, as God has prospered 
 them, to the raising of the sum, and increasing it so far as is 
 necessary, for the supply of the temporal wants of their 
 
r 
 
 48 
 
 CONGREGATIONAL AFFAIRS. 
 
 pastor, rcmeinberiiig that it is Christ who has " ordained that 
 they wliich preacli the Gospel should live of the Gospel." 
 
 12. Should the congregation feel themselves afterwards 
 unable to raise the sum which, on receiving a moderation, 
 they resolved to provide for their minister, they are not 
 entitled of themselves to reduce the amount, but should, as 
 soon as tlio deficiency becomes apparent, communicate the 
 same to the Piesbytery, with a statement of the circumstances 
 which have caused it. The Presbytery then institutes the 
 necessary inquiry, and takes such steps as it thinks proper, 
 either in the way of stimulating the congregation to a dis- 
 charge of their duty, or of modifying the amount of the 
 stipend, or recommending the congregation to aid from the 
 funds of the church. 
 
 13. Should the Presbytery have reason to suspe3t that a 
 congregation is falling into arrears, although no communi- 
 cation has been made as above, it ought to institute inquiries 
 of itself, with the view of ascertaining the facts ; and in 
 cases of supplemented congregations, the Presbytery is 
 enjoined to use diligence to ascertain that the stipend pro- 
 mised is regularly paid. 
 
CHAPTER IV. 
 
 Sv. 
 
 IS 
 
 PROCEDURE IN MODERATIONS, AND IN THE ORDINATION OP 
 
 MINISTERS. 
 
 Sect I. — Procedure in Moderations. 
 
 Petition for ^' W^^^ii a Congregation, either vacant, or requir- 
 Moderation. ^j^g j^ second minister, wish to ascertain if they 
 are prepared for electing one, they hold a meeting for the 
 purpose, which is presided over by their minister, or by the 
 minister authorised to moderate in the Session for the time ; 
 and if prepared, they apply, by petition, to the Presbytery,, 
 for the appointment of one of its number to moderate in a 
 call ; and, at the same time, they appoint commissioners to 
 appear before the Presbytery, and give such information as 
 may be required. This petition is transmitted through 
 the Session to the Presbytery, along /ith the roll of the 
 congregation, or a certified copy thereof. 
 Inquiries by 2. Before granting the moderation, the Presbytery, , 
 Presbytery, ^fter hearing the petition, inquires not only into 
 the unanimity existing in the congregation, and the means . 
 taken to hear a sufficient number of candidates, but also into 
 the state of their pecuniary concerns — their ability to support . 
 the ordinances of the Gospel — the amount of stipend they 
 propose to give to their minister — its proportion to their 
 ability — and whether a manse is provided for him or not. 
 If the Presbytery shall resolve to grant the moderation, it . 
 
 4 (49) 
 
50 
 
 CALLS AND ORDINATIONS. 
 
 appoints one of its number to moderate in a call, or it agrees 
 itself to meet for this purpose on a day which it may then 
 iix, and intimation of this meeting is made from the pulpit 
 to the congregation, on two Sabbaths before it takes place. 
 The roll, or certified copy of the roll of members, is handed 
 to the person moderating, for his guidance on the day of 
 moderation. 
 
 Procedun; at ^- ^po^^ ^^^^ ^ay fixcd, the minister appointed 
 Moderafons. i^y ^y^^ Presbytery, or the Presbytery itself, meets 
 with the congregation, and after sermon the moderator 
 intimates the object of the meeting, narrates the steps pre- 
 viously taken, and asks if the congregation is prepared to 
 ^ forward. In case of its appearing by a vote that the 
 <jongregation is not prepared to proceed, the moderator closes 
 the meeting, and reports to the Presbytery, or the Presbytery 
 itself sists procedure. If the congregation is prepared to go 
 forward, the call is proceeded with. 
 
 4. The first proceeding is to read the call, which it is the 
 duty of the Session to have previously prepared, with a 
 blank left for the name of the person to whom it shall be 
 addressed. The moderator then announces that only mem- 
 bers in full communion are entitled to take part in the 
 business of the meeting, and calls upon any of them to 
 name, as candidate, any preacher or minister in communion 
 with the Canada Presbyterian Church, of whose qualifications 
 they have had an opportunity ©f judging, or good evidence 
 concerning. 
 
 6. After all the candidates put in nomination are proposed 
 and seconded, the moderator engages in prayer. Before 
 taking the votes, the moderator may ask, if he thinks it 
 
 I 
 
 w 
 
CALLS AND ORDINATIONS. 
 
 51 
 
 necessary, two individuals to assist liim in counting them. 
 If only one candidate is named, the choice of the congre- 
 gation is signified by holding up their right hands ; — if two 
 candidates are nominated, the votes for each, in the order in 
 which he was proposed, are taken by a show of hands, and 
 the individual having the greatest number of votes is declared 
 duly elected ; if more than two are nominated, the votes are 
 taken in the way pointed out in standing orders in reference 
 to motions. When any doubt exists as to the state of the 
 vote thus taken, or when there is an apparent equality or 
 close approximation of votes, it is the duty of the moderator 
 to ascertain the true state of the vote by calling the roll of 
 members furnished by the Session, or by dividing the house, 
 or by taking the votes one by one as the members come 
 forward. 
 
 Signing of ^* -^^^er the moderator has announced the result of 
 ^*"- the vote, he declares the individual upon whom the 
 
 election has fallen to be duly elected, inserts his name in 
 the call, reads it over as thus filled up, and invites the elders 
 and members to come forward and affix their names to it. 
 
 7. It is the duty of the elders to see that none are allowed 
 to subscribe the call, but such as are members of the con- 
 gregation in full communion, and two of their number at 
 least should superintend the subscription of the call, along 
 with the moderator. After sufficient time has been allowed 
 for parties to come forward and sign the call, the signatures 
 are attested by the moderator. Adherents of the congre- 
 gation may sign a concurrence to the call either on a separate 
 column or a separate paper. 
 
 8. Before being dismissed, if the. Presbytery be not 
 
52 
 
 CALLS AND ORDINATIONS. 
 
 present, the congregation resolve on a petition to the Pres- 
 bytery, praying that their call may bo proceeded with 
 according to the rules of the church, and nominate com- 
 missioners to prosecute it ; or they may do this at a subsequent 
 meeting, as may be most convenient. 
 
 9. The call thus signed, is committed to the charge of the 
 elders. Although canvassing for signatures to the call is 
 not allowed, members of adherents to the congregation who 
 have not had an opportunity of subscribing it on the day of 
 moderation, may afterwards subscribe it, such subscription 
 being attested by two of the elders. The attestation of these 
 papers by the elders is in the same form as that of the 
 moderator to the call itself. 
 
 Procedure ^^' -^^ *^^® ^®^* meeting of the Presbytery, the 
 on Call. call, with the papers of adherence and concurrence, 
 and the congregation's petition in regard to it, are laid on 
 the table, and the minister who moderated gives an account 
 of his proceedings. His conduct is approved or disapproved. 
 It is approved if, in conducting the moderation, he hf^ ^^nnd 
 to have proceeded according to the rules o. +' church. 
 The Presbytery then takes up the petition of oongregat* n 
 that their call be sustained and proceeded ii am^ if their 
 be no dissent or complaint from members of the congregation, 
 the Presbytery sustains the call, and proceeds accordingly. 
 If there be such a dissent and complaint, the parties on both 
 sides are fully heard, and if no valid ground is shown against 
 sustaining the call and proceeding with it, the Presbytery 
 sustains the call as a regular Gospel call, and takes the steps 
 detailed in next section. If the Presbytery itself moderates 
 in the call, it thereafter proceeds in the manner herein 
 prescribed. 
 
CALLS AND ORDINATIONS. 
 
 53 
 
 e Pres- 
 with 
 ,0 corn- 
 sequent 
 
 3 of the 
 call is 
 
 on who 
 day of 
 
 uription 
 
 of these 
 of the 
 
 ery, the 
 
 urrence, 
 
 laid on 
 
 account 
 
 pproved. 
 
 church, 
 jregat'* n 
 
 if their 
 regation, 
 )rdingly. 
 
 on both 
 1 against 
 esbytery 
 the steps 
 loderates 
 r herein 
 
 11. As the purity and freedom of election a o of pro- 
 eminent importance, canvassing of all kinds is discoun- 
 tenanced ; and it is unlawful for a minister or preacher, by 
 himself or others, to use any undue methods, or to make 
 any private arrangements with any member or members, of 
 a congregation, to procure a call from them. 
 
 12. If it be made evident to the Presbytery, that undue 
 methods have been employed by any minister, or preacher, 
 to procure a call, the call is not concurred in, but is declared 
 null, and the minister or preacher guilty of such an offence, 
 may be visited with suspension for such a period as the 
 Presbytery shall judge meet. 
 
 Sect. II. — Phocedure with a view to the Settlement op 
 
 A Minister duly called. 
 
 1. If the individual called be a preacher or 
 
 Call to Pieacher 
 
 or Minister not minister iiot liavinq a cliarqe. the Presbytery, 
 
 having a charge. / 11 • T + 1 
 
 alter sustaining the call, immediately causes 
 official notice of it to be sent to him ; and he is bound to 
 intimate his acceptance or non-acceptance of it to the Pres- 
 bytery, within one month after receiving such notice, unless 
 in the meantime he shall have received another call; in 
 which case, he is allowed one month from the time of the 
 last call being intimated to him ; but if that other caU is 
 from a congregation in another Presbytery, ho is bound, 
 without loss of time, to intimate the fact of its having been 
 received to the clerk, in order to account for the delay. He 
 is entitled to accompany the intimation of his resolution 
 with reasons, or not, as he judges best. If he wishes the 
 advice of the Presbytery in the matter, he must appear 
 personally at its bar and ask its counsel. 
 
 ^j iW <^ H >>a » >WW>ip ■> *i lfc# i **Mbi ^ ^ ,Jli«irgi»L 
 
 — p uj m\m_ m * mm I m \ \\ m u\^ j aniiMrtni 'i.-|ii< »ii»ifciii* - i H ii ii i M ii H ii H'W f»Y*^riirri> i1W« i <"T i^t 
 
54 
 
 COMPETING CALLS. 
 
 Li i 
 
 2. The resolution accepting or refusing the call is^^forth- 
 with communicated by the Presbytery to the congregation 
 concerned, who, in case it be a refusal, and they conceive 
 themselves aggrieved, are entitled to complain to the Pres- 
 bytery by petition, stating the circumstances. If this be 
 done, the Presbytery appoints a day for hearing the congre- 
 gation by their commissioners, at the same time summoning 
 the party cabled to attend. 
 
 Compeung *^' ^Vhcu two ov move calls have been received, the 
 Caiia. preacher or minister is bound to intimate his 
 
 acceptance or refusal of them, to eac^^ of the Presbyteries to 
 whom the congregations belong, as in Rule 1. 
 
 4. If a call be accepted, and there have been other calls 
 sustained to the same individual, either in the same or in 
 other Presbyteries, the Presbytery in which the call has been 
 accepted then gives notice of the time and place of its next 
 ordinary meeting to the other congregation or congregations 
 concerned, if within its own bounds, or if not, to the Pres- 
 bytery, or Presbyteries, in which such congregation or 
 congregations are situated ; and if no complaint against the 
 individual's conduct is then received, although sufficient 
 time has been allowed, the Presbytery takes the necessary 
 steps towards the settlement. 
 
 5. When a disappointed congregation in a different Pres- 
 byteiy from the congregation whose call has been accepted, 
 wislies to lodge a complaint, it does so with its own Presby- 
 tery, and that Presbytery refers the complaint to the Presbytery 
 in whose bounds the call has been accepted, before which, 
 the commissioneie of the complaining congregation are heard, 
 »nd with which the decision lies. If a complaint is lodged 
 
TRANSLATIONS. 
 
 55 
 
 by a disappointed congregation in the same Presbytery, or 
 transmitted from any other Presbytery, the Presbytery inti- 
 mates to the preacher and the congregations concerned, when 
 they are to determine the complaint, and until it is determined 
 the settlement cannot be proceeded with. 
 Roferonce for ^' ^^^^n the preacher or minister called wishes 
 Advice. advice before deciding, he may refer the matter 
 
 to the Presbytery in whose bounds he has been crdled ; and 
 this being done, the Presbytery referred to, fixes a time for 
 giving said advice, of which notice is sent to the preacher or 
 minister himself, and to the congregation or congregations 
 concerned, through their respective Presbyteries ; and after 
 hearing the reasons of preference urged by the commissioners 
 for the respective congregations, and inquiring into other 
 circumstances, the Presbytery gives him such advice as 
 appears most for edification. 
 
 Translating '^' ^^ *^^® person choscn by a vacant congregation 
 Calls. Ijq j^j^ ordained minister, such congregation, after 
 the Presbytery sustains their call, prepare reasons why said 
 minister should be translated, of which two copies are lodged. 
 If the call be to a member of Presbytery, he is then sum- 
 moned apud acta, or by letter if he is not present, to appear 
 at next meeting, to be held not less than fifteen days there- 
 after, and one copy of the reasons is handed or sent to him. 
 A member of Presbytery is at the same time appointed to 
 preach to his congregation, and give notice of the election 
 which has taken place, lodge with them the other copy of 
 the reasons of translation, and summon them to appear with 
 answers to the same at next Presbytery, with certification 
 that, failing to do so, they shall be held as consenting to the 
 translation of their minister. 
 
 ■ n!'*-»»r-j,Trsj',Wfe-,-t:.' vM'e-TT^.. 
 
I 
 
 TRANSLATIONS. 
 
 8. At the next meetii-jg of Presbytery the reasons of 
 translation, and answers, if any, are read, and the commis- 
 sioners of the two congregations are heard. The Presbytery 
 then invites the minister called to express his views and 
 feelings. If he decline acceptance of the call, and the 
 Presbytery concur, the matter is ended, and the call is laid 
 aside. If he expresses himself in favour of acceptance, the 
 Presbytery may dissolve the connection between him and 
 his congregation, appoint one of its number to preach, and 
 declare his church vacant, fix the day of his admission to his 
 new charge, appoint his edict to be served, and nominate the 
 ministers who shall induct him into the charge. 
 
 9. If the minister called belong to another Presbytery, the 
 Presbytery, so soon as it shall have sustained the call to 
 him, immediately sends notice of the same, with a copy of 
 the reasons of translation, to the clerk of the Presbytery in 
 which the minister called resides. TJicreupon said clerk of 
 Presbytery transmits notice of the call to the minister and 
 to the Session-clerk of the congregation, and on the Sabbath 
 following, personally or by substitute, holds a meeting with 
 the Session and congregation at a diet of public worship, and 
 puts into their hands one copy of the reasons of translation, 
 summoning at the same time a special meeting of the congre- 
 gation, convened according to the rules of the church, to 
 adopt answers to the same if they shall see cause, and to 
 appear by commissioners at the next meeting of Presbytery, 
 of which dL notice shall be given to the other parties 
 interested. At said meeting of Presbytery, the call is put 
 into the hands of the minister — the reasons of translation, 
 with answers thereto, are read, and commissioners from the 
 
 t 
 
 ¥ 
 
TRIALS AT ORDINATION. 
 
 57 
 
 , to 
 to 
 
 3ryi 
 
 respective congregations are heard, and the members of 
 Presbytery, if requested by the minister called, may express 
 their views on the case. Pleadings in the cause are then 
 held to be finally concluded, and the minister may either 
 give his decision then or at a meeting of Presbytery, to be 
 held not earlier than fifteen days, and not later than four 
 weeks thereafter. If the connection between the minister 
 and his congrefi;ation be dissolved, a member of Presbytery 
 is appointed to preach to them, and declare the jhurch 
 vacant, and the minister repairs to the Presbytery in whose 
 bounds the charge to which he is to be admitted lies. Said 
 Presbytery, oji being furnished with an extract of the pro- 
 ceedings, admits him to his new charge in duo form, as 
 before detailed. 
 
 Trials for ^^' When a call to a licentiate has been accepted, 
 Ordination, ^^iq Presbytery appoints him subjects for his trial 
 discourses ; viz. a Thesis ; a Homily ; a Lecture on a passage 
 of Scripture ; a Greek or Hebrew critical exercise ; ai. d a 
 Sermon. He is further examined on personal Religion, 
 Systematic Theology, Church History, and Biblical Greek 
 and Hebrew. ■ 
 
 11. When a preacher is appointed to go out to any foreign 
 mission field, or as a minister to any congregation in a foreign 
 country, and is remitted for ordination to the Presbytery 
 from whom he obtained license, it is in its power to prescribe 
 the usual trials for ordination or not, as it shall see cause. 
 
 Sect. III. — Proceedings at Ordination and Induction. 
 
 Appointment of ^- -^^tcr all the prescribed trials have been 
 Ordination. g^j^^ throi'.gh and sustained, a day for the 
 
 ; • J , 
 
58 
 
 ORDINATIONS AND INDUCTIONS. 
 
 n^i 
 
 ordination is fixed. Some of the ministers of the Presbytery- 
 are appointed respectively to preside in the ordination and 
 conduct the other services. An edict is at the same time 
 appointed to be publicly read in the congregation by the 
 officiating minister or preacher, at least two Sabbath days 
 before the day of ordination. i> 
 
 Procedure at *• ^P^^ *^® ^^Y ^^^^> *^® Presbytery meets at 
 Ordination. ^}jg appointed time and place, and is constituted 
 by the appointed moderator. Intimation is then sent to the 
 assembled congregation, that the Presbytery has met, and 
 requiring all who have any valid objections to the ordination 
 being proceeded with, immediately to appear before the 
 Presbytery and state them. The messenger having returned, 
 and no objectors appearing, the Presbytery then proceeds to 
 the place of worship. If objections be made, the objector 
 must have his evidence in support of his objection in readi- 
 ness, that the Presbytery may on the spot hear it, and 
 decide upon the objection before the ordination takes place. 
 3. After sermon, the moderator gives a brief narrative of 
 the different steps of procedure regarding the call. He then 
 requests the candidate for ordination to stand up, and in 
 presence of the congregation puts to him the questions of 
 the formula. But after proposing the eighth question, he 
 asks the members of the congregation to signify their assent 
 to the ninth question by holding up their right hands. 
 These steps being taken, the moderator comes down to the 
 platform, and surrounded by the other brethren of the. 
 Presbytery, engages in solemn prayer, during which the 
 candidate kneels, and towards the conclusion of the prAyer,. 
 the moderator, by the imposition of hands (in which al the 
 
INDUCTIONS AND RESIGNATIONS. 
 
 59 
 
 3sent 
 
 inds. 
 
 the 
 
 the 
 
 the 
 
 . the 
 
 brethren of the Presbytery join,) ordains him to the office 
 of the holy ministiy, commending him for countenance and 
 success to the grace of God, in all the duties incumbent upon 
 him as a minister of the Gospel. After which, the mod- 
 erator, giving him the right hand of fellowship, in the name 
 of the Presbytery inducts him into the pastoral charge of the 
 congregation by whom ho has been chosen and regularly 
 called. ^ ' » 
 
 4. After the ordination is thus completed, the members 
 of Presbytery give to the newly ordained pastor the right 
 hand of fellowship, and appropriate addresses to minister 
 and people are then delivered. These services being con- 
 cluded, the moderator accompanies the newly ordained pastor 
 to some convenient place, where the members of the con- 
 gregation may acknowledge him as their minister, by taking 
 him by the right hand. The Presbytery then returns to its 
 place of meeting, when, on his signing, or agreeing to sign 
 when required, the Formula, the newly ordained minister's 
 name is entered on the roll, and he takes his seat as a 
 member of the Presbytery. A deputation from the managers 
 or deacons is expected to attend, and make the first payment 
 of the stipulated stipend. The whole procedure of the day 
 is entered on the Presbytery's record, 
 
 5. In admitting to the pastoral charge of a con- 
 gregation a person previously ordained to the 
 ministry, no new trials are prescribed, nor is the act of ordi- 
 nation by the imposition of hands repeated. In all other 
 respects the procedure is exactly as above. 
 Resignation 6. After being ordained or admitted pastor of a 
 of charge, congregation, a minister can resign his charge only 
 
 Induction. 
 
60 
 
 INDUCTIONS AND RESIGNATIONS. 
 
 i I 
 
 to the presbytery. Should his resignation be tendered, the 
 Presbytery makes inquiry into the circumstances, and orders 
 intimation to be made to the congregation, that they may 
 have an opportunity of being heard before the case is 
 decided. It is proper in many cases, before receiviiig a 
 demission, to appoint a committee to meet with the minister, 
 and his Session and congregation. . . » 
 
 7. Every minister of the Canada Presbyterian Church is 
 bound to submit in the matter of temporal support, as well 
 as in all other matters connected with his office, to the 
 decision of the Presbytery, Synod or Assembly, and should 
 not prosecute for stipend in courts of civil law, the high and 
 sacred claim which Christ has given ministers on the con- 
 sciences of their people for a suitable maintenance being a 
 security perf' itly adequate. 
 
 Ordination of 8. Ministers ordained at large, as missionaries 
 Missionaries. ^^^-^^^ ^^ ^^^^^ ^^ abroad, but without reference 
 
 to the exercise of their office in a particular charge, are set 
 apart to the office in the same manner as above stated, with 
 the necessary alterations arising from the circumstances.* 
 
 * See Appendix for formula, Sec. 10. . 
 
 ' 1 
 
CHAPTER V. 
 
 Number. 
 
 ELECTION AND OUDINATION OF ELDERS. 
 
 1. The right of electing elders is vested solely in 
 Electors. ° ° , '' 
 
 the members of the congregation who are in full 
 communion. 
 
 2. No fixed number of elders is required, but the 
 number is regulated by the circumstances of the 
 
 congregation. Two, however, along with the minister, are 
 required to constitute a Session. The number of elders to be 
 chosen is fixed by the Session, if there is one, or, if there is 
 none, by the Presbytery. 
 
 3. It is competent for members of the congregation to- 
 petition the Session to add to its number, and its decision 
 on this, as on other matters, is subject to review in tho 
 superior courts. Vacancies in a Session should be filled up 
 as soon as convenient after they occur. 
 
 Appointment ^' When the Scssion judges it expedient that an 
 of Election, addition should be made to its number, the first 
 step is to intimate its desire to the congregation. The 
 election may be conducted in the manner following. 
 
 6. A meeting of the congregation is held some weeks 
 previous to the election, for the purpose of nominat- 
 ing individuals considered qualified to fill the office. At 
 this meeting, the name of every individual proposed and 
 seconded is put down, and after giving sujBficient time for 
 nomination, the leet is declared closed. In the interval 
 
 (6i) 
 
 Election. 
 
62 
 
 ELECTION OF ELDERS. 
 
 between this meeting and the day of election, tlie names of 
 those nominated are eitlier publicly announced or presented 
 in a printed form to the congregation, and the election of the 
 number required is made by written papers signed by the 
 voters and handed in to the Session on a day appointed. 
 The Session thereafter examines these lists, and orders public 
 announcement to be made of the names of the persons elected. 
 6. A meeting for election may, however, be held, at which 
 a discourse is generally delivered suitable to the occasion. 
 The moderator of the Session presides at this, as well as the 
 previous meeting for nomination (where one is held), and 
 the Session-clerk officiates as clerk. Where there has been 
 no previous meeting for nomination, full opportunity is first 
 of all given to the members to propose candidates, and when 
 all the names proposed have been taken down, the leet is 
 declared closed. The names of all on the leet, whether made 
 up at a previous meeting or at this, are then icad over ; and, 
 after prayer for the Divine direction, the votes are taken, 
 either by show of hands, or otherwise ; and the individuals, 
 to the number previously fixed upon, having the greatest 
 number of votes, are declared to he duly elected. 
 
 7. After the election, the call of the congregation 
 is intimated to the elders elect, a declaration of 
 their willingness to accept of the office is asked, and the 
 Session deals with them as to the propriety of their accepting 
 it. Their willingness to accept being expressed, the Session, 
 at a meeting appointed for the purpose, proceeds to satisfy 
 itself in regard to their religious knowledge, piety, and 
 j)rud»nce, and their knowledge of the government and dis- 
 cipline of the church, and the duties of their office : 
 
 Edict. 
 
 and, on the Session being satisfied on these points, an 
 
 Trial of 
 Qualificaiiona 
 
ORDINATION OP ELDERS. 
 
 63 
 
 edict is appointed to be publicly read in the congregation.* 
 8. At the time mentioned in the edict, which must be 
 read to the congregation on two Sabbath days, the Session 
 meets, the elders- elect being present. After the Session is 
 constituted, if no objections are brought forward, the day ot 
 ordination is fixed for as early a day as possible. If objec- 
 tions are made, the Session proceeds to inquire into the 
 grounds of them, and decides on them, after leading evidence, 
 if necessary. 
 
 Procedure at 9. On the day of ordination, which may either be 
 ordination. ^ Sabbath or week-day, as thought most suitable, 
 the Session being constituted, and sermon being concluded, 
 the moderator gives a short narrative of the previous pro- 
 ceedings ; which, being done, he calls on the elders-elect to 
 stand forward, and puts to them the questions of the formula.f 
 Satisfactory answers being given to these questions by them, 
 the minister proceeds to ordain or set them apart by prayer 
 to the office of the eldership, and to take part with their 
 brethren in the inspection of the congregation, and commends 
 them to the grace of God for comfort, aid, and countenance 
 in the exercise of their office. Immediately afterwards the 
 right hand of fellowship is given to the persons thus ordained, 
 by the minister and by the other elders present, and the 
 whole is followed by suitable exhortations to them, and to 
 the people. 
 
 10. After the services are over, the Session assembles, 
 when the newly-ordained brethren take their seats, and have 
 their names added to the session roll. 
 
 * For form of Edict, see Appendix, Sec. 11. 
 t Seepage 20. 
 
It! 
 
 ii> 
 
 64 
 
 ELDERSHIP. 
 
 Election In ^^' ^^^^ *^ addition to tho eld( rship is desired 
 Vacant during a vacancy, application is made to the 
 
 ongrega ons. Prggi^y^gyy^ which, if tho proceeding appears 
 proper in the circumstances, appoints a minister to preside 
 in the necessary meetings of the Session and congregation, 
 and at the ordination. ' 
 
 General ^2. Elders coming into a congregation from other 
 Rules, parts of the church, although received into full Chris- 
 tian communion, cannot be admitted into the Session, unless 
 regularly elected by the voice of the congregation. When 
 they are so elected, being already invested with the office of 
 eldership, the act of ordination is not repeated, but in other 
 respects the rules of procedure are the same ; and for the 
 satisfaction of the congregation, they publicly answer the 
 questions in the formula, before being inducted into the 
 exercise of office. 
 
 13. Ruling elders retain their office for life, except when 
 their demission is accepted, or they are deposed. If they 
 demit their office, the congregation should be very cautious 
 in calling them again to exercise it. 
 
 ' : r,: 
 
 L 
 
>'l 
 
 ill' 1 
 
 .■■ «l 
 
 :•.. • •- V 
 
 I < • . ; 
 
 CHAPTER VI. 
 
 CHURCH DISCIPLINE. 
 
 ',',") 
 
 . '•• \l 
 
 ryi> sii -■■, 
 
 Sect. I. — Op Discipline in General, and the different 
 KINDS OF Church Censure. 
 
 VI 
 
 Ground of 1- The proper ground of discipline, or church cen- 
 Discipiine. g^^g^ jg scandal. Nothing can be the subject of 
 church censure which is not condemned by the law of God ; 
 but everything which is in itself sinful does not necessarily 
 fall under the denomination of scandal, or form the proper 
 subject of discipline. For those sins which are nol publicly 
 known, private admonition, counsel, and reproof, are in gen- 
 eral the proper remedies. Church censure is only to be 
 administered when, by the publicity which attended the 
 commission of sin, or which has been subsequently given to 
 it, it is calculated to bring a reproach on religion, or to mar 
 edification, and when it cannot be overlooked without incur- 
 ring the danger of hardening the individual, emboldening 
 others to follow his example, and grieving the minds of ilie 
 godly. . . 
 
 2. In the exercise of discipline, there ought to be no 
 officious intermeddling with matters which are purely civil, 
 or indeed with any matters which do not involve scandal, 
 as above defined. And while watchfulness is exercised over 
 the flock, no undue solicitude should be discovered to pry 
 
 into the private conduct or family concerns of individuals, 
 5 (65) 
 
66 
 
 CHURCH DISCIPLINE. 
 
 to interfere officially in personal quarrels, or to engage in 
 the investigation of secret wickedness. 
 
 Subjects of 3. Discipline is personal, and its proper subjects 
 DiBcipiine. qj,q individual church members ; congregations as 
 such are not subjects of discipline. It embraces not only- 
 members in full communion, but also baptized children who 
 are hearers in the church, and have arrived at an age at 
 which they are responsible to society. Inquiry into scandal 
 can be made only by the Session, or, in the case of a minister, 
 by the Presbytery to which he belongs, at the time of its 
 becoming known ; and if, during the lapse of five years, and 
 the same being known to the Session or Presbytery, no judi- 
 cial notice has been taken of it, it is improper then to revive 
 it by making it the subject of public censure. 
 
 Ends of ^- "^^^ ^^^^ contemplated by discipline are, in sub- 
 DiBcipiine. ordiiiation to the glory of God, the maintenance of 
 the church's purity, respect for the authority of the institu- 
 tions of her Divine Head, and the spiritual benefit of church 
 members. It is not of the nature of a penance or punish- 
 ment, but is to be regarded as a precious privilege, — one of 
 the ordinances of the New Testament, appointed by our 
 Lord Jesus Christ, and blessed by the Spirit, for the refor- 
 mation of transgressors, the edification of His people, and 
 their growth in grace. 
 
 5. In order to effect these important ends, no case is to 
 be rashly made a matter of Sessional inquiry. The conduct 
 of church rulers should be uniformly guided by prudence, 
 kindness towards offenders, and anxiety for their spiritual 
 welfare. Rash and uncharitable judgments, undue severity, 
 and respect of persons, are carefully to be avoided, and the 
 
CHURCH DISCIPLINE. 
 
 67 
 
 Censures. 
 
 whole proceedings are to be distinguished by gentleness and 
 long-suffering, by impartiality, and faithfulness. 
 
 6. The censures of the church are admonition, 
 rebuke, suspension, deposition from office, and 
 excommunication. 
 
 7. Admonition is the lowest degree of church 
 
 Admonition. ^-i. • >. ' ^ ^ ij** ii 
 
 censui3. It consists in solemnly addressing the 
 offender, placing his sin before him, warnir.g him of his 
 danger, and exhorting him to greater circumspection. In 
 the case of a private member or elder, this is done in the 
 Session ; in the case of a minister, in the Presbytery. In 
 both cases it is done by the moderator of the court, — should 
 be administered with all solemnity and seriousness, as well 
 as fidelity and kindness, — and should be wisely adapted to 
 the peculiar circumstances of the case. 
 
 8. Rebuke is a higher form of censure resorted to 
 after conviction or confession of scandalous sins. It 
 is administered by the moderator, in the name of the Lord 
 Jesus Christ, as the only King and Head of the Church ; it 
 is to be given with the utmost seriousness, and accompanied 
 with a suitable address. Circumstances may render it 
 necessary, owing to the aggravations or publicity of the 
 offence, that rebuke should be administered publicly before 
 the congregation, but in all other cases rebuke in tho Sessioa 
 or Presbytery will be found sufficient. ...... - 
 
 9. Suspension from the privilege of full comm\inion„ 
 or, as it has been improperly called, the lesser 
 excommunication, in like manner follows conviction or con- 
 fession of guilt, and is more or less extended in its continu- 
 ance according to circumstances. Its object is more deeply 
 
 Suspension. 
 
 ni 
 
98 
 
 CHURCH DISCIPLINE. 
 
 to impress the mind of the offender, to afford opportunity of 
 judging of his professions of repentance, and to give a public 
 testimony against the offence to the church and to the world. 
 The suspension is accompanied with rebuke, and the restora- 
 tion with solemn admonition. : i.. .. / 
 
 10. While ukider suspension, the individual ought to be 
 the object of peculiar solicitude and care on the part of the 
 rulers of the church. Every seasonable opportunity of 
 dealing with his conscience, impressi'ig him with right views 
 of his sin, and leading him to genuine repentance, should be 
 diligently improved by them. When satisfactory proofs of 
 penitence are exhibited, he is restored in presence of the 
 court by whom the sentence was inflicted, 
 suspensioij ^^' ^^w5/>e?iseo7i front office, is an interdict against 
 from Office, the exercisc of the office with which the party 
 falling under censure is invested, and is inflicted either for a 
 limited time, or till cause appears for its being removed. 
 Suspension of an office-bearer from the privilege of full 
 communion, is uniformly accompanied with suspension from 
 office ; but there may be cases in which the latter is expedient 
 while no grounds exist for the former ; and, in like manner, 
 restoration to the privileges of the church may take place, 
 while good reason exists for continuing suspension from 
 office. -■ , , 
 
 12. Suspension from both fellowship and office may take 
 place, in some cases, during the investigation of a scandal ; 
 but in this view it is not to be regarded as a censure, but a 
 measure deemed necessary to guard the interests of the 
 church and religion. • ^^> •• • ^ ; . i . r ^ . i 
 
 13. Deposition can take place only in the case of 
 an office-bearer^ and consists in depriving him of 
 
 P^ 
 
CHURCH DISCIPLINE. 
 
 69 
 
 Excommunication. 
 
 the office with which he was previously invested, in conse- 
 quence of conviction or confession of some gross immorality, 
 or dangerous heresy. Contumacious resistance of the autho- 
 rity of the church courts may also warrant a sentence cutting 
 otf the offender from, or declaring him to be no longer an 
 office-bearer in the church. 
 
 14. Excommunication is the highest censure 
 of the church, and is not to be resorted to 
 till all other m jans of reclaiming the offender have failed, — 
 in cases, namely, of peculiar aggravation, where the offence 
 is obstinately denied, although fully proved ; or if acknow- 
 ledged, is justified, and where the individual continues 
 impenitent and contumacious. It consists in solemnly 
 casting the offender out of the church. The sentence may, 
 it deemed expedient, be publicly intimated to the church. 
 Because it involves no civil pains, the world and the indi- 
 vidual himself may ridicule the sentence, and regard it with 
 inalfference ; but to a mind properly impressed with its 
 solemnity, it will be viewed in a very different light ; and it 
 is calculated by the blessing of God, and by its operation on 
 the conscience, to lead to the happiest results, being the 
 institution of infallible wisdom " for the destruction of the 
 flesh, that the spirit may be saved in the day oi 'he Lord 
 Jesus." 
 
 Sect. II. — Eules for the Exercise of Discipline against 
 Private Members of the Church. 
 
 1 . A Session may take up a case of discipline, either upon 
 a complaint or charge brought against the individual, or on 
 the ground of public report, oi its own motion. 
 
70 
 
 CHURCH DISCIPLINE. 
 
 
 2. In all cases of private offence, it is the duty of a member 
 of the church, before bringing a charge against a brDt) -^r 
 before the church courts, to have recourse to privai aiing 
 with him, agreeably to our Lord's precepts in Matt, xviii. 
 15-17. And he is only warranted in bringing his complaint 
 before the eldership, after having followed this course of 
 conduct without obtaining satisfaction. "* •* ' 
 
 3. When any case for discipline is introduced intr .i 
 Session, inquiry is first of all made whether it is fit for being 
 the subject of Sessional consideration, and whether the party, 
 (if the case be private,) has been privately dealt with. If he 
 has not, the elder of the district, or a committee of the 
 Session, is appointed to converse, both with the party bring- 
 ing the complaint, and the party complained against, in 
 regard to the same, and to dispose of it as a case of private 
 discipline ; and unless the case is of an aggravated character, 
 the Session does not proceed farther, until private admonition 
 and reproof have been resorted to. 
 
 ' 4. As church courts are entirely spiritual, and their 
 decisions are unattended with any civil effect, the nature of 
 the procedure, and the ends to be promoted by it, seem to 
 render it unnecessary that they should be bound down by 
 minute forms. It is enough if care be taken that substantial 
 justice be done to the party, and full opportunity allowed 
 him to vindicate his innocence, or extenuate his guilt. 
 
 5. With this view, the party is fully apprised of the 
 charge brought against him ; due notice is given to him of 
 the time and place of meeting ; and when there, be is fully 
 heard and aiYectionately dealt with. If he confesses, it may 
 often be expedient that he be required to subscribe the 
 
 ■^'■■^r 
 
CHURCH DISCIPLINE. 
 
 71 
 
 minute recording his confessioii, or give in a written docu- 
 ment to the same effect. ''i-ii /' • .v:;.i.4t . -. .-.ui; . .-: !■■■ 
 
 6. When the accused appears, the charge is read to him, 
 and he is interrogated as to its truth. "When the charges 
 are denied, and circumstances seem to demand investigation, 
 it will generally be expedient that procedure should be 
 delayed till another meeting, when witnesses may be brought 
 forward and examined, . ^, -t , 
 
 7. All church members are bound to attend, when called 
 as witnesses to give evidence. While it is not their duty 
 in any case to gi -^ publicity to scandal, they are in all cases, 
 when asked, to give information to the church rulers, and 
 are liable to censure if they refuse. ^«^ ^^ ^^' 
 
 8. When special formality of procedure is considered 
 necessary, the charge is made in the form of libel, for the 
 nature of which, the mode in which it is to be served, and 
 the order of proceedings consequent upon it, reference is 
 made to the next section,* the directions in which can easily 
 be accommodated to the case of a formal process before the 
 Session. " '"^'" » -j« ^-•^ - ?^"*'v v«w< 
 
 9. The refusal of the party to appear is no just reason why 
 the process should not go on. And in case of flagrant scandal;, 
 or where there is an obvious design to avoid conviction and 
 censure, the ends of discipline require that the process should 
 be brought to an end. 
 
 1 0. Witnesses are examined in the presence of the accused, 
 unless he has refused to appear, and the court notwithstanding 
 thinks it proper to proceed. Their declarations arc taken 
 down in writing, and subscribed by thera. If the accused 
 requires that the witnesses should be put on oath, it is the 
 
 * See page 75., 
 
72 
 
 CHURCH DISCIPLINE. 
 
 I 
 
 province of the court to consider whether the circumstances 
 call for this solemnity.* Wherever the personal attendance 
 of witnesses can be obtained, it is required ; where it cannot, 
 the Session may appoint two or more of its number to take 
 the evidence, or it may raquest another Session in the vicinity 
 of the witnesses to do so. Certificates or affidavits are never 
 received except when access cannot be had to the individuals 
 themselves, and even then with great caution. The accused 
 is allowed full opportunity to object either to the admissi- 
 bility or credibility of witnesses, and to cross-examine them, 
 as well as to adduce witnesses in exculpation ; and when the 
 evidence on both sides is closed, he is at liberty to comment 
 on it as he may see cause ; the court having always the 
 power to prevent an improper use of these privileges. 
 
 11. The evidence and defence being closed, the Session 
 next deliberates on the proof laid before it, and the defence 
 pleaded, and if possible comes to a decision, acquitting or 
 condemning the accused altogether, or to such an extent a& 
 the evidence seems to demand. If it feels particular difficulty,, 
 it may delay sentence, from which, however, the accused may 
 appeal, or it may refer the whole case to the superior court. 
 
 12. Throughout the whole enquiry, in whatever form 
 conducted, the Session should be impressed with the impor- 
 tance of cherishing the spirit of meekness, patience, and 
 forbearance. By this means, and by a calm and impartial 
 investigation of every circumstance, the truth will, in almost 
 every instance, be ascertained, even amidst a contrariety of 
 evidence ; while by a display of firmness in abiding by the 
 decision which it may have formed, combined with affec- 
 
 * For the foim oi uRth , 8ee Appendix. 
 
 4 
 
 r , 
 
;ances 
 dance 
 
 CHURCH DISCIPLINE. 
 
 73. 
 
 tionate earnestness in impressing on the party the unhappy 
 situation in which he is placed, both before God and before 
 the church, it will rarely fail in satisfactorily terminating; 
 the inquiry, and in bringing the party to a sense of the 
 justice of the sentence it has seen cause to pronounce. 
 
 13. 'No law agents or advisers are allowed,, either in. 
 Sessions or other courts of the church ; but, as many parties 
 may be ignorant of the forms of judicial procedure, it is- 
 incumbent on Sessions and Presbyteries to explain these 
 fully and distinctly to them, and to show them how, if 
 dissatisfied with the judgment, they can bring it under 
 review in the superior court. Nevertheless anv minister,, 
 elder or member of the church may, by permission of the 
 court, act as adviser of the party and assist in the pleading,, 
 but in such a case a member of the court loses his vote as a 
 judge. 
 
 14. Care should be always taken to proportion the dis- 
 cipline to the real merits of the case, and to inflict no severer 
 censure than seems indispensably necessary for removing the 
 scandal, and for promoting the benefit of the offei^der. As 
 in every case there is a diversity either in the offence itself, 
 or in its attendant circumstances, it is impossible to frame rules> 
 to guide office-bearers in the exercise of this very painful 
 part of their duty ; even the same offence cannot always be 
 treated in the same way ; but they must be regulated by the 
 specialities of cases as they occur. A discretionary power 
 must therefore devolve on Sessions and Presbyteries ; and 
 in the discharge of this duty, they have apostolic authority -,, 
 "^ Of some have compassion, making a difference, and othera 
 save with fear." But while thiis power is granted to them,. 
 
 1^ 
 
74 
 
 CHURCH DISCIPLINE. 
 
 they are in no case to be actuated by partiality or worldly 
 policy, but must strive conscientiously to gain the great ends 
 of church discipline ; and it becomes the members of the 
 church to extend to them their sympathy, rather than rashly 
 to impeach their wisdom or fidelity. Sessions do not proceed 
 in the extreme sentence of deposition of office-bearers or 
 excommunication of members, without first referring the 
 case to the Presbytery. ' ,Mi;f'ini>t -m v* - 
 
 15. "When a charge is made at the instance of a private 
 party, and not founded on public report, the charge is prose- 
 cuted throughout in the name of that party, and he is bound 
 to make out the proof of it ; failing in which, if there is 
 reason to suspect that he is actuated by malice he incurs 
 censure, and is in his turn dealt with as an offender. In 
 such cases, greater strictness is observed than where the pro- 
 cess is instituted by the Session itself Should the accuser 
 abandon the process, the ends of justice may in some cases 
 
 require the Session proceed with it, and bring it to a 
 conclusion julx&tivi- i-iTfttisii." tnnii >«Tir.^}t- 
 
 16. When, after the fullest investigation has taken place, 
 there does not appear evidence to warrant conviction, while 
 at the same time there are strong suspicions of guilt, the 
 Session may sist procedure, till God in His providence gives 
 farther light ; or it may administer an oath of purgation. 
 This last procedure, however, should rarely be resorted to, 
 and only after taking the advice of the Presbytery. * 
 
 17. As cases may arise in which many days or weeks may 
 intervene before it is practicable to commence process against 
 an accused church member, the Session may, in such cases? 
 and if the offence be such as, if proved, would imply sus- 
 
CHURCH DISCIPLINE. 
 
 75 
 
 pension, if they think the edification of the church requires 
 it, debar the accused from the Lord's table until the offence 
 charged against him can be examined. 
 
 18. Disjunction is not to be granted to members under 
 discipline, until restoration has taken place ; and although 
 the party may remove from the bounds, the investigation is 
 still to proceed until brought to an end ; but in case a member 
 under the censure of suspension removes to a distant congre- 
 gation, the circumstances are to be reported to the Session of 
 that congregation, and it is empowered to grant restoration 
 on satisfactory evidence of penitence. 
 
 19. Where scandal arises against a member of the church 
 between the time of his obtaining his certificate of disjunction 
 from one Session and lodging it with another, the offence is to 
 be purged by the Session he wishes to join. Should he, after 
 the offence, apply for admission to no Session, the Session 
 that dismissed him can take up the case and determine it. • ' ^ 
 
 Sect. III. — Eules for the Trial op Office-Bearers. 
 
 1. Charges against elders, or deacons, are tried before the 
 Session to which they belong : but the Presbytery is the 
 only competent court for the trial of ministers. 
 
 2. In consequence of their official standing, and the effects 
 which may result from proceedings against them, much 
 caution is to be exercised before iii«!tituting proceedings 
 against office-bearers ; and when commenced, they ought to 
 be conducted with greater attention to form than is usually 
 necessary in the case of private members of the church. 
 Bearing this in view, reference may be made to the pre- 
 ceding section as containing the lulos which ought to regulate 
 
ill 
 
 76 
 
 TRIAL OP OFFICE-BEARERS. 
 
 Sessions in their enquiries into charges against elders and 
 deacons. What follows in this section relates to persons 
 invested with the ministerial office ; but it may easily be 
 adapted to other cases where greater formality of procedure 
 is necessary. ,-.:-- ■;■- ■.•>*;;'. ^ , ■■. :^.u .t !'■ • rv.^'^-' 
 
 3. Every report injuriously affecting the character of a 
 minister, is not to be made the subject of judicial inquiry. 
 It ought to be a report involving a serious accusation, and so 
 prevalent that the interests of religion require the investi- 
 gation of it. 
 
 4. When such a report does not exist, no accusation made 
 by a private party should be listened to, unless it is reduced 
 to writing, accompanied with some account of its probability 
 and an offer of proof. When a charge made by a private 
 party is distinctly stated, and steadily adhered to, the Pres- 
 bytery cannot refuse to inquire into it ; but they are entitled 
 to call on the party to proceed by libel, and undertake to 
 prove his averments. 
 
 i. When an injurious report is in circulation, the Presby- 
 tery, in the first place, institutes a private inquiry by precog- 
 nition, either before itself or by means .of a committee, 
 respecting its rise, the persons originating it, and the grounds 
 on which it rests ; but justice requires that the party ajcused 
 should be made aware of the intention to institute this 
 inquiry, and have an opportunity of making such explanations 
 as he thinks necessary. It is not necessary that the person 
 against whom there is a./ama should be present during the 
 precognition. The favour, if asked, may be granted. Wit- 
 nesses should not be precognosced in each other's presence, 
 otherwise their evidence is vitiated. 
 
 i 
 
TRIAL OP OFFICE-BEARERS. 
 
 77 
 
 6. On its appearing, from the inquiry or precognition, 
 that there exists probable ground for the charge, the party 
 accused is then closely and affectionately interrogated regard- 
 ing the circumstances, and dealt with to make a full and 
 candid declaration of the truth. 
 
 7. When the accused confesses either the whole charge 
 against him, or so much of it as appears to warrant censure, 
 the Presbytery may at once proceed to inflict such censure 
 as the circumstances require, whether it be rebuke, suspension, 
 or deposition from office ; but in every case where confession 
 is made, at any stage of the investigation, it is reduced to 
 writing, recorded in the minutes of the Presbytery, and 
 signed by the party. 
 
 8. When on the other hand the charges are denied, or the 
 admissions made are not satisfactory, and the case appears to 
 require serious investigation, the Presbytery pioceeds by 
 libel ; anti where the Presbytery resolves on this course, the 
 party accused is, after the libel is served, ipso facto suspen- 
 from the exercise of his office till the proceedings are 
 terminated. He may also be suspended, if thought proper, 
 at any stage of the preliminary proceedings. Where a 
 private party prosecutes by libel^ the Presbytery may also 
 suspend the accused during the proceedings, if they consider 
 this step called for in the circumstances. If the suspension 
 be disregarded, he is summarily dealt with as contumacious, 
 and may be deposed or cast out of connection with the 
 church. ' i«' I'v.'t y i^j'j ' F, IT, i, tv. fjjj 
 
 9. When a Presbytery resolves to proceed by libel, it is 
 expedient that it should nominate one or more of its members 
 as a committee to prepare the libel, a^id afterwards to act as 
 
r 
 
 78 
 
 TRIAL OP OFFICE-BEARERS. 
 
 public prosecutors, and conduct the examinations and other 
 prr feedings ; and this committee are not allowed a vote on 
 the ultimate judgment. 
 
 ,10. The libel, when drawn according to ancient usage, 
 consists of three parts, which together form a regular syllo- 
 gism. The first, or major proposition, sets forth the appellation 
 or nature of the crime charged, and characterizes it as one of 
 a heinous nature, and condemned by the "Word of God and 
 the laws of the church ; the second, or minor proposition, 
 states that the party is guilty of this crime, and specifies 
 distinctly the facts attending it, the time when, place where 
 and circumstances under which it was committed ; and the 
 third, or concltifiion, deduces the justice of sentence being 
 pronounced on the accused, provided the accusation is found 
 proven. For all the purposes of substantial justice, however, 
 it is sufficient if the libel is so framed as to distinctly state 
 the crime of which the party is accused, with the time and 
 place when it was committed, and the main circumstances 
 attending it. When the accusation is made and insisted 
 on by a private party who undertakes to prove it, the framing 
 of the libel is left to him.* 
 
 11. The libel, when prepared by the committee acting by 
 direction of the Presbytery, or by a private party, is signed 
 by the committee or party, and presented to the Presbytery, 
 who examine whether it is regular and sufficiently precise. 
 If regular, the authority of the Presbytery for service of it 
 upon the accused is granted as provided in chap, vi, sect. v. 
 
 12. If appearance be made, the first step is to read over 
 the libel. This being done, the accused is asked if he has 
 
 * See forms in Appendix. 
 
 ■I ( ....1.1' 
 
TRIAL OF OFFICE-BEARERS. 
 
 79 
 
 any objections to state to the relevancy. f When objections 
 to the relevancy are stated, they must be considered and 
 disposed of before any further procedure takes place. When 
 the libel is at the instance of a private party, the Presbytery 
 is entitled, though no objection should be made by the 
 accused, to require the accuser at this stage to speak to the 
 relevancy, and, after hearing him and the accused, to dispose 
 of this matter. If not objected to, or if, when objected to> 
 found relevant, the accused is called to plead to the charge 
 brought against him. Should he make confession, the Pres- 
 bytery, if satisfied with it, proceeds to inflict censure ; or if 
 not satisfied, or he plead ** nvt guilty," it proceeds to take 
 evidence. For the manner of taking evidence, vid. sect. iv. 
 
 13. If the charge or charges be found not proven, or the 
 accused not guilty , he is then restored to the exercise of his 
 office, with admonition, if the Presbytery thinks necessary. 
 If the charge or charges be found proven, in whole or in 
 part, the Presbytery then proceeds to the infliction of censure 
 adequate to the guilt established, t n . >. r* i '•*« r.f 
 
 14. In cases where a party is accused of heresy, it may 
 not be necessary to proceed to a formal libel and proof. 
 He is entitled, however, to have the particular erroneous 
 doctrines imputed to him, or the truth he is supposed to 
 have called in question, articulately stated ; and that being 
 done, he may be examined at once as to his views on these 
 particulars, by questions being propounded to him to b& 
 answered ; or the manuscripts of his discourses, or the publi- 
 
 •f By relevancy is meant whether the charge made be truly a subject for churcft 
 censure, as being contrary to the law of Christ, or opposed to sound doctrine, and 
 the church's standards and 2. whether supposing it to be so, the facts alleged, il 
 proved, would be sufficient to convict the party of the sin o' heresy charged.. 
 
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-80 
 
 TRIAL OF OFFICE-BEARERS. 
 
 •cation alleged to contain the heresy may be called for and 
 examined. In these ways the truth or falsehood of the 
 ^charge against him may be ascertained. When these means 
 fail of satisfying the Presbytery, it may then proceed with a 
 .libel. 
 
 15. When disputes arise between a minister and his 
 'Session or congregation, connected with his general deport- 
 anent as their minister, a Presbyterial visitation of the 
 •congregation may be held, to examine into the circumstances, 
 •either on application from the parties concerned, or at the 
 instance of the Presbytery itself; and if it appear that, in 
 •consequence oi his imprudence, such feelings have arisen out 
 of differences between him and his people, as have destroyed 
 his ministerial usefulness in that particular congregation, the 
 Presbytery are entitled, after due inquiry, and having used 
 all proper means for reconciliation, to declare his connection 
 with it at an end, and loose him from his charge. In no 
 'case, however, is a Presbytery to countenance measures 
 tending to sacrifice a reputable Christian minister to the 
 unreasonable feelings of his Session, or a party in the 
 congregation. U-m-.i^^ i I. ■ >, : » ,,' 
 
 16. In cases where divisive courses are followed, where a 
 minister leaves his charge, disowns the authority of the 
 church courts, or is otherwise contumacious, the Presbytery 
 to which he belongs, the Synod, or the Assembly, may 
 summarily remove him from his charge, declare him cut off 
 from, or to be no longer in communion with, the church, or 
 suspend or depose him from office in it. . . .^ , , 
 
 17. When proceedings have terminated in a sentence of 
 deposition, or the Presbytery has seen it proper to loose a 
 
TRIAL OF OFFICE-BEARERS. 
 
 81 
 
 minister from liis congrogation, or cut liim off from Urn 
 communion of the church, the charge is declared vacant, and 
 a member of Presbytery is appointed to preach to the congre- 
 gation on the first Sabbatli ensuing, and make known to 
 them the decision •which lias been pronounced. 
 
 18. In recording the proceedings in cases of judicial 
 process, the reasons for all decisions, cxcej^t on questions of 
 order, shall be recorded at length, that the record may 
 exhibit everything that had an influence on the judgment of 
 the court. And nothing but what is contained in the 
 records and relative papers may be taken into consideration 
 in reviewing the proceedings in a superior court. 
 
 Sect. IV. — On Evidence. 
 
 1. Judicatories ought to be very careful and impartial in 
 receiving testimony. AH persons are not competent as 
 witnesses ; and all witnesses who are competent are not 
 credible. All persons, whether parties or otherwise, are 
 competent witnesses, except such as do not believe in t.ie 
 existence of God, or a future state of rewards and punish- 
 ments, or have not sufficient intelligence to understand the 
 obligation of an oath. 
 
 2. Husband and wife cannot be witnesses for or against 
 each other, except in the special case of injury to either by 
 the other. Parties in the relation of parent and child have 
 the option to give evidence, either for or against each other. 
 
 3. The credibility of a witness may be affected by relation- 
 ship to either of the parties ; by interest in the result of the 
 trial ; by weakness of understanding ; by infamy of character ; 
 by being under church censure ; by general rashness, indis- 
 
I 
 
 82 
 
 ON EVIDENCE. 
 
 i 
 
 cretion, or malignity of character, and by whatever appears 
 to affect his veracity or knowledge. 
 
 4. Tlic testimony of more than one witness is necessary 
 to establish any charge ; yet if several credible witnesses 
 bear testimony to different similar acts, or to confirmatory 
 circumstances, the testimony of one witness may be considered 
 sufficient. 
 
 5. Ko witness, afterward to be examined, except a member 
 of the judicatory, shall be present during the examination of 
 another witness on the same case, unless by consent of the 
 parties. ^ 
 
 6. Witnesses shall bo examined first by the party intro- 
 ducing them ; then cross-examined by the opposite party ; 
 after which any member of the court, or either party, may 
 put additional questions. The court shall not permit frivolous 
 or irrevelant questions to be put. 
 
 7. Witnesses, when it is deemed necessary, shall be examined 
 on oath, and the same shall be administered by the moderator, 
 or the presiding member of a commission, in the foUo'wing 
 terms : ** I solemnly declare, in the presence of the Omniscient 
 and heart-searching God, that I will declare the truth, so far 
 as I know or shall be asked, as I shall answer to God at the 
 great day of judgment." The witness in swearing shall hold 
 up his right hand. The court may at its discretion accept a 
 solemn affirmation instead of this oath. 
 
 8. The testimony given by witnesses must be faithfully 
 recorded and read to them for their approval and subscription. 
 Every question shall, if required, be reduced to writing, 
 together with the answer. 
 
 9. The records of a judicatory, whether original or tran- 
 
ON EVIDENCE. 
 
 83 
 
 tran- 
 
 scribed, if regularly authenticated Ijy the clerk, shall he 
 deemed good and sufficient evidence in every other judicatory. 
 In like manner, testimony taken by one judicatory and 
 certified by the clerk thereof, shall be received by any other 
 judicatory as no less valid than if it had been taken by 
 themselves. 
 
 10. Any judicatory before which a cause may be pending 
 shall have power, on the application of either party, to 
 appoint a commission to examine witnesses. The testimony 
 shall be taken by such conmiission in the same manner as 
 is required when taken in the court. The depositions when 
 taken shall be signed by the commissioners, and transmitted 
 to the clerk of the judicatory before which the case is 
 pending. All questions as to the relevancy or competency 
 of the testimony so taken shall be determined by the court 
 itself. 
 
 11. A member of the judicatory may be called on to give 
 testimony in a case before it. In which case he shall be 
 qualified as other witnesses, but he shall not be deprived of 
 his right to deliberate and judge in the cause. 
 
 12. If, after trial, new teftimony be discovered or become 
 available, which is considered important to the exculpation 
 of the accused, ho may, if the case be not appealed, ask for, 
 and the judicatory grant, a new trial. If, also, in the prose- 
 cution of an appeal, new testimony be offered, which in the 
 judgment of the appellate court has an important bearing 
 on the case, the court may remit the case to the inferior 
 judicatory to take the testimony and issue the case anew. 
 
 13. The questions put to a witness must be more or less 
 pertinent to the cause. The witness must speak to what he 
 
84 
 
 ox EVIDENCE. 
 
 himself knows, not to what lio has heard ; it is not competent 
 for a witness to tell what a third party has told him. A 
 witness may, however, speak to what he has heard said by a 
 party deceased ; by the accused, or by any one in the 
 presence of the accused ; or to what wns £;!iid at tlie time the 
 act charged took place, if such observations form part of the 
 7'es (jestiv ; or to a common rumour or fa ma. 
 
 14. A witness cannot be competently asked his opinion 
 generally, but he may be asked what belief or impression 
 was produced at tlie time by the facts given in evidence ; 
 persons of skill, such as medical men, may be asked their 
 opinion on the facts, or on incidental points of the cause. 
 
 15. A witness may look at writings or memoranda of his 
 ov/xi, made at the time, to refresh his memory, but not at 
 those of another. Leading questions are incompetent; a 
 witness must not b? asked, " Did he do so and so V but 
 " What did ho do ?" 
 
 16. Although no witness is bound to criminate himself, 
 it is compete! t to to ask questions having a criminatory 
 tendency, he being warned by the court, that he is not 
 bound to answer. If the witness declines to answer, the 
 circumstance is of course taken as an element of proof. 
 
 17. In taking evidence either party is entitled to object 
 to the admissibility of witnesses, or to any particular 
 questions put to them, and may appeal to the superior court 
 against the judgment which may be given on such objections ; 
 whicli appeal in the meantime sists procedure, only so far as 
 regards the particular point protested against. If there be 
 any danger of evidence being lost by delay, the Presbytery 
 may take it and seal it up till the appeal is decided. 
 
ox EVIDENCE. 
 
 85 
 
 but 
 
 Of Persons. 
 
 18. AVhen tho witnesses in support of the charge have 
 been examined, the accused is entitled to offer proof in 
 exculpation, or of any facts and circumstances tending 
 thereto ; and the exculpatory proof being concluded, the 
 court may, if it think necessary, order further proof to bo 
 adduced to clear any difficulties arising from tho proof in 
 exculpation, the accused being always entitled to lead 
 additional proof in exculpation when this is done. When 
 such further proof is led, and the whole evidence on both 
 sides is concluded, each party is heard upon the evidence 
 adduced, before the court proceeds to give its deliverance. 
 
 Sect. V. — On Citations. 
 
 1. vVhen it is judged proper by a judicatory 
 to libel an accused person, a copy of the libel 
 must be delivered to him either in the presence of the Court 
 (which is called citation aimd acta) or, in his absence, by 
 any person appointed by the Court. In this last case the 
 citation must be in writing, signed by the Clerk of the judi- 
 catory, and served at least ten days before the time appointed 
 for hearing the case. 
 
 2. Every citation must specify : 1st, the judicatory before 
 which the accused is to appear ; 2nd, the name of the accused 
 person ; 3rd, the time and place of appearance ; 4th, the 
 name of the prosecutor ; and 5th, a general declaration of 
 the offence charged. It must also be accompanied, in tho 
 first instance, by a certified copy of the libel, and a list of 
 witnesses and documents to be used in the evidence. 
 
 3. Citations are also to be sent by appointment of the 
 judicatory, and signed by its Clerk, to all witnesses who are 
 
i \ 
 
 I 
 
 8G 
 
 ON CITATIONS. 
 
 members of the Church, specifying the purpose for which 
 they are cited, and. the time and j^lace at whicli they are to 
 appear ; other persons can only be requested to appear and 
 give evidence. 
 
 4. If the accused refuses to obey the first citation, he must 
 be again cited to appear within a reasonable time specified. 
 A second refusal shall be followed by a third citation, with 
 certification that if the accused do not appear at the time 
 specified, the judicatory, besides dealing with him for contu- 
 macy, shall proceed with the case as if he were present. 
 
 5. Judicatories ought to be well assured before they order 
 a second or third citation, that the first and second respectively 
 have been duly served ; and for this purpose, the person or 
 persons appointed to serve the same must certify the Court of 
 such service. 
 
 6. Congregations may be cited by the Pres- 
 bytery, 8ynod, or General Assembly to appear 
 before it in regard to any matter in which they may be 
 interested. 
 
 7. AVhen it is deemed necessary to cite a congregation, the 
 citation must be directed to the Session, through its modera- 
 tor, with instructions to call a meeting of the congregation, 
 that they may appoint and instruct representatives to answer 
 such citation ; for this purpose the citation shall be read 
 from the pulpit on the Sabbath preceding the meeting of the 
 congregation. In t^e case, however, of a translation, or 
 when a church is vacant or has no Session, the judicatory 
 may appoint one of its own number to serve the citation, to 
 hold a meeting of the congregation and to preside at the 
 same. 
 
 Of Congregations. 
 
ON CITATIONS. 
 
 87 
 
 Of Church Courts. 
 
 8. Citations addressed to congregations must "bo issued in 
 the name and by authority of the judicatory citing, and bo 
 signed by its Clerk, and should specify tlio object of the 
 citation, together with the time and place at which appearance 
 is to be made. 
 
 9. When congregations are duly cited, it is their duty to 
 appear by their representatives, if the nature of the case 
 demands it. It may, however, be only necessary for them to 
 send a written communication to the judicatoiy, stating their 
 wishes in the premises. If, however, no appearance be made, 
 they shall, if the case require it, be cited a second and third 
 time as in the case of persons, or otherwise they may be held 
 as acquiescing in the decision of the Court. 
 
 10. A superior Court, for sufficient cause, 
 may cite an inferior Court to appear before it, 
 and that either by representation, or jointly and severally. 
 In the latter case the citation shall contain the names of the 
 several members of the Court, and be served on each person, 
 as well as the moderator or clerk. In all such cases, however, 
 at least tliirty days should intervene between the issuing of 
 the first citation and the time of appearance. If an infiuior 
 Court fail to appear when cited, or to give a good reason for 
 its absence, a second and a third citation may be issued ; and 
 if no appearance be then made, the members of such Court 
 so acting shoidd be held as contumacious, and dealt with 
 accordingly. 
 
 11. A Synod may summarily cite any of the Presbyteries 
 within its bounds {apud acta) to appear before it for sufficient 
 cause. In this case the citation must be issued verbally by 
 the moderator, on the day preceding the time of appearance, 
 and the same should be minuted by the Synod Clerk. 
 
88 
 
 UESTO RATION FROM CENSURE. 
 
 1 1 
 
 Sect. VI. — Iiiistouation fro^i Church Censure. 
 
 1. Eestoraiion is the removing of a sentence of suspension, 
 deposition, or exconiiiiuniciition, and cannot be effected by a 
 Court subordinate to that by Avhich the sentence was passed, 
 without special penuission. 
 
 2. When a party has been suspended from the privilege 
 of i'lill couiniunioii, or from the exercise of office for a spe- 
 cific! j)iM'io(l, he ought, at the expiry of that period, to 
 ai^poar before the Court which inflicted the censure, and if 
 no new scandal has arisen, and it is satisfied with the evidence 
 of his penitence, lie is, after such admonition or rebuke as 
 circumstances may warrant, restored to the enjoyment of his 
 privileges, or the exercise of his office. 
 
 3. When the sentence has been for an indefinite period, 
 application must be made to the court, praying for a removal 
 of the censure ; and when this is done, it is its duty to 
 ascertain whether the censure has gained its great design, by 
 bringing the party to give hopeful evidence of repentance. 
 Being satisfied on these points, the Court proceeds to restore 
 him as above. 
 
 4. Persons refusing submission to discipline, and betaking 
 themselves to otiier churches to avoid censure, should not be 
 received back into the fellowship of the church, unless they 
 submit to the proceedings which were interrupted by their 
 former refusal. 
 
 5. Office-bearers who have been suspended or deposed may 
 be restored ; but this should be done with great caution, 
 and with a due regard to the principle, that though, as 
 personal edification is the primary object of ynemhershipf 
 restoration to it takes place as soon as true penitence is 
 diocovered, yet, as public edification is the primary object 
 
 
 
UKSTOUATION FROM OEXSUnE. 
 
 89 
 
 tision, 
 
 by a 
 
 assed, 
 
 vilego 
 a spe- 
 )d, to 
 iiid if 
 dence 
 ke as 
 of his 
 
 eriod, 
 nioval 
 Lty to 
 gn,by 
 tance. 
 •estore 
 
 ;aking 
 
 lot be 
 
 they 
 
 their 
 
 J may 
 ution, 
 h; as 
 rshijj, 
 ice is 
 object 
 
 
 of olJice, restoration to it is not to take place, however satis- 
 factory may be tlic evidence of penitence, nnleas it be obvious 
 that tli(^ general interests of religion will be advanced and 
 not injured by that step. The restoration of a minister from 
 suspension is publicly intimated to the congregation over 
 which he presided, if he still retains his connection with it, 
 and is accompanied, when necessary, with a suitable admoni- 
 tion or rebuke, administered in presence of the congregation. 
 Where he has been loosed from his charge, this intimation is 
 not necessary, and the rebuke is administered in the Court. 
 
 6. In the case of deposition from the office of the ministry, 
 restoration can take place only after advising with the supreme 
 Court, even when the sentence was pronounced by the Pres- 
 bytery, and should never be granted without the most 
 satisfactory evidence of deep sorrow for sin, and after a length- 
 ened period of exemplary, humble, and edifying conduct. 
 
 7. A church member or office-bearer who has been regu- 
 larly tried and has submitted to discipline, and been restored, 
 ought never to be upbraided for his former crime, but is 
 to be treated in all respects as if it had never been committed ; 
 but if he relapses into scandal, he contracts aggravated guilt, 
 and incurs higher censure. 
 
 8. As the sentence of excommunication is never i)ronounced 
 except in cases of peculiar aggravation and continued impeni- 
 tence, restoration is not to take place till after frequent dealing 
 with the conscience of the individual, and the most complete, 
 unequivocal and continued evidence of genuine repentance. 
 Public intimation may also be made to the congregation, of 
 the purpose of restoration before it takes place, to afford an 
 opportunity for objections being made ; and the restoration 
 itself, when finally resolved on, may be publicly intimated. 
 
CHAPTEli VII. 
 
 
 
 ox COLLEGES. 
 
 Sect. I. — Knox College. 
 .... ,, Whereas a Theological Institution has 
 
 Act of Incorporation, ° 
 
 22vic.,cap. 60, been for some time, and is now in operation 
 
 in Toronto, in this Province, under the 
 authority of the Presbyterian Church of Canada. And 
 whereas the property now held in trust for the said Institution 
 has been acquired from persons who granted or conveyed the 
 same for the purpose of creating an educational establishment, 
 wherein the Theological principles and doctrines of the Pres- 
 byterian Church of Canada shall be taught, and the said 
 Synod has petitioned the Legislature for an Act to incorporate 
 the paid Institution, under the name of "Knox College." 
 And whereas it is expedient to comply with the said Petition ; 
 Therefore, Her Majesty, by and with the advice and consent of 
 the Legislative Council and Assembly of Canada, enacts as 
 follows : 
 
 1. James Gibb, of Quebec; James Court, John Redpath, 
 and the Reverend Alexander F. Kemp, of Montreal ; John 
 R. Dickson and James Stewart, of Kingston ; George Hay, 
 of Ottawa ; Andrew Jeffrey, of Cobourg ; William Heion 
 and the Reverend Thomas Lowry, of Whitby ; Donald Mc- 
 Lellan, James Osborne, and the Reverend David Inglis, of 
 Hamilton ; Morris C. Lutz, of Gait ; Charles Allan, of Elora ;. 
 
 (90) 
 
 ^ 
 
KNOX COLLEGE. 
 
 n 
 
 m has 
 eration 
 er the 
 And 
 itution 
 ^ed the 
 iment, 
 3 Pres- 
 le said 
 rporate 
 allege." 
 jtition ; 
 isent of 
 lacts as 
 
 edpath, 
 ; John 
 ;e Hay, 
 Heion 
 lid Mc- 
 iglis, of 
 Elora ;. 
 
 Alexander D. Ferrier, of Fergus ; Andrew Smith, of Wood- 
 stock ; Willirtin Clark, and the Reverend John Scott, of 
 London ; Arcliibald Young, of Port Sarnia ; George Brown, 
 Christopher S. Patterson, the Eeverend Micliael Willis, D.D., 
 and tlie Eeverend William lleid, of Toronto, and aU and 
 every such other person or persons as now is or are or shall 
 at any time hereafter be ministers of the l?resbytenan Church 
 of Canada, or members of the said Church in full commu- 
 nion therewitli, shall henceforth be a body corporate under 
 the name of " Knox College," and shall continue to be a 
 body corporate, with perpetual succession, and a common 
 seal, and with the powers vested in corporate bodies by "The 
 Interpretation Act," and also with power under the said 
 corporate name, and without license in mortmain, to hold 
 all property now held by the said Institution, or by one or 
 more persons in trust for the benefit of the said Institution, 
 and to purchase, acquire, have, take, hold, and enjoj'^, by 
 gift, grant, conveyance, devise, bequest, or otherwise, to 
 them and their successors, any estate or property, real or 
 personal, to and for the use of the said College, in trust for 
 the promotion of theological learning and education of youth 
 for the holy ministry, under the authority and according to 
 the princijilcs and standards of the Presbyterian Church of 
 Canada aforesaid, and also with power to let, convey, or 
 otherwise dispose of such real or personal estate, from time 
 to time, as may be deemed expedient, with the written con- 
 sent of the Synod ; Provided always that such real estate so 
 held by the said College hereby incorporated, shall be such 
 and such only as may be required for the purposes of college 
 buildings and offices, residences for the professors, tutors, 
 
92 
 
 KNOX COLLEGE. 
 
 ' li i 
 
 I 
 
 '< 
 
 students, and officers, with gardens or pleasure grounds 
 peitaining thereto ; Provided also, that the said College may 
 acquire any other real estate, or any interest therein, by gift, 
 devise, or bequest, if made at least six months before the 
 death of the party making the same, and the College may 
 hold such estate for a period of not more than three years, 
 and the same » or any part or portion thereof or interest 
 therein which may not, within the said period, have been 
 alienated and disposed of, shall revert to the party from 
 whom the same was acquired, his heirs or other representa- 
 tives ; and provided also, that the proceeds of such property 
 as shall have been disposed of during the said period, may 
 be invested in the public securities of the Province, stocks 
 of the chartered banks, or other approved securities, for the 
 use of the said College. 
 
 2. It shall be lawful for the Synod of the Presbyterian 
 Church of Canada, at its next ordinary meeting after the 
 passing of this Act, to declare, by a resolution or a by-law to 
 that effect and record in the register of proceedings of tha 
 said Synod, the Theological doctrines and principles which 
 shall be taught in the said College, or what are the books 
 and documents in which the said principles and doctrines are 
 contained ; and such declaration so made and recorded shall 
 be irrevocable in so far as the said College shall be con- 
 cerned, and shall be held at all times thereafter .to contain 
 the Theological doctrines and principles to be taught in the 
 said College, and for the propagation of which the property 
 now held for the said College, or hereafter acquired for the 
 same, shall be appropriated, and to no other. 
 
 3. And the said Synod of the Presbyterian Church of Canada 
 
KNOX COLLEGE. 
 
 93 
 
 shall have power at its next or any subsequent meeting, to 
 appoint and remove professors and tutors in such way and 
 manner as to them shall seem good ; and shall also have 
 power to make rules and by-laws for the government of the 
 said College, and to alter, amend, and annul the same and 
 make other rules instead thereof, and also to constitute a 
 senate for the said College, with such powers as they may 
 deem fi-om time to time expedient ; also to constitute a 
 board of management for the financial and other affairs of 
 the said College not otherwise provided for, in such manner 
 and with such powers and under such conditions as to the 
 said Synod shall from time to time seem expedient ; Provided 
 always that such by-laws, rules, and regulations be not con- 
 trary to this Act, or repugnant to the laws of this Province. 
 4. In case the body of Christians known under the name 
 of the Presbyterian Church of Canada, shall at any time or 
 times hereafter, under that or any other name, unite itself 
 with any other body or bodies of Presbyterians adhering to 
 the principles and doctrines mentioned in the declaration to 
 bo made according to the second section of this Act, or in 
 the books and documents therein mentioned as containing 
 the said principles and doctrines, or take such other body or 
 bodies of Presbyterians into union with itself, and in case 
 such united body of Presbyterians shall agree to hold and 
 shall hold a Synod once or oftener in each year according to 
 the manner now in use in the said Presbyterian Church of 
 Canada, then and in every such case this Act shall apply to 
 such united body pf Presbyterians under whatever name 
 they shall have formed such union, and all rights, powers, 
 and authorities by this Act vested in the Synod of the Pres- 
 
94 
 
 KNOX COLLEGE. 
 
 I 
 
 i 
 
 "byterian Church of Canada shall be vested in and apply to 
 the Synod of such united body under whatever name or 
 designation such united body may be known. 
 
 5. In case the said Presbyterian Church of Canada, or 
 such united body as aforesaid, shall determine to form itself 
 into two or more Synods, and to form one General Assembly 
 which shall have supreme jurisdiction in such Church or 
 united body, then all the rights, poweis, and authorities by 
 this Act vested in the Synod of the Presbyterian Church of 
 Canada, or in the Synod of such united body as aforesaid, 
 shall be diverted from the said Synod, and be applied to and 
 be vested in such General Assembly ; and for the purposes 
 of this Act such General Assembly or Supreme Court shall 
 thenceforth exclusively exercise all the rights, powers, and 
 authorities conferred by this Act on the Synod of the Pres- 
 byterian Church of Canada. 
 
 6. This Act shall be deemed a public Act. 
 
 Declaration of The Syuod in accordance with the terms of the 
 Principles. ^^^ f^j, j^jjg incorporation of Knox College, at its 
 first Session after the passing of the Act, resolved and de- 
 clared, — 
 
 That the principles and doctrines to be taught in Knox 
 College by the professors and tutors, or other persons who 
 shall from time to time, and at all times hereafter, be em- 
 ployed or appointed in giving instruction in the said College, 
 shall be such and such only as are consistent with and agree- 
 able to the " Confession of Faith," the "Larger and Shorter 
 Catechisms," and the "Form of Church Government," all 
 which are called " The Westminster Standards," and shall 
 
KNOX COLLEGE. 
 
 95 
 
 ame or 
 
 •comprise all Theological learning onsistent with said Stand- 
 ards ; Provided always, that the said " Confession of Faith " 
 be understood and taken with the explanatory note thereto, 
 agreed upon by the Synod of the Presbyterian Church of 
 Canada, met at Toronto in the year of our Lord 1854 : Pio- 
 vided also, that the said " Westminster Standards " be taken 
 and understood with such other, or further directions and 
 rules as to Church government, discipline, or worship, as 
 may from time to time be prescribed or ordained by the 
 Synod of the said Presbyterian Church of Canada, with the 
 concurrence of a majority of the Presbyteries of the said 
 Church, to be ascertained in such manner as the Synod shall 
 prescribe, and that such regulations and rules be duly re- 
 corded in the minute book of the said Synod, and signed by 
 the Moderator and Clerk for the time being of such Synod. 
 The Synod further instruct their Clerk to register this 
 resolution and declaration in the records of the Synod and in 
 the public Kecords of the City of Toronto. 
 
 Sect. II. — Government and Administration. 
 
 Board of ^' There shall be a Board of Management, corn- 
 Management, posed of thirty-five persons, ordained ministers 
 and elders of the Church, of whom seven shall be a quorum 
 for the transaction of all business. The said Board shall be 
 annually appointed by the Synod, and its members shall 
 hold office until their successors be appointed. They shall 
 appoint their own Secretary and Treasurer, who shall keep 
 records and accounts which shall be open to the inspection of 
 the Synod. The Chairman of the Board shall be appointed 
 annually by the Synod, and in the event of no such 
 
96 
 
 KNOX COLLEGE. 
 
 appointment being made, or of the death, removal or resig- 
 nation of said Chairman, his place shall be supplied by the 
 Board itself. 
 
 2. The Board shall be convened, by the Chairman, at 
 least three times a year, and at such time, and in such 
 manner as may be determined by the Synod or by the Board 
 itself. 
 
 3. The Board shall have the whole management of the 
 financial affairs ot the said College, shall receive and disburse 
 all its moneys, keep and manage all its property, and transact 
 all its business relating to property and money committed to 
 its care, by the Synod or otherwise, and shall exercise all 
 the powers in legard to property and money, vested in the 
 Corporation of Knox College, by the Act 22 Vic, Cap. 69. 
 In cases where special instructions shall be given by the 
 Synod, in writing under the hand of their Clerk, it shall 
 be the duty of the said Board to act according to such 
 instructions. 
 
 4. The Board shall receive annual lieports from the 
 Senate in reference to the departments under the care of 
 said Senate, and shall transmit the same to the Synod along 
 with a Report on all matters entrusted to said Board, and an 
 audited balance sheet of the property and financial affairs of 
 the College. 
 
 5. The Board shall further take general cognizancfi of 
 all matters pertaining to the interest of the College, and 
 co-operate with the Senate in maintaining its discipline. 
 They shall also take charge of the Boarding department of 
 whe College, and make such regulations for its management 
 as they may see fit, and shall appoint all subordinate servants, 
 and dismiss and remove the same as they shall see fit. 
 
KNOX COLLEGE. 
 
 97 
 
 6. The Board shall have power to appoint an acting sub- 
 committee with such powers as they may deem requisite. 
 
 7. The Chairman of the Eoard shall have charge of the 
 Corporation Seal, shall affix it to such documents as he may 
 he directed by the special instructions of the Board. 
 
 8. The Principal and Professors of the College. 
 
 The Senate. i • i 
 
 together with seven members of Assembly, shall be 
 annually appointed by the Synod as a " College Senate," 
 to whom sliall be entrusted the reception, academical superin- 
 tendence, and discipline of the students, and of all other 
 persons within the said College. The Senate shall take a 
 general inspection of the whole internal arrangements of 
 the College, and of the studies of the students, and shall 
 place said students in that year of the Curriculum to which 
 they may be certified by Presbyteries, or by such other body 
 as the Assembly may determine, and shall have charge of the 
 Library and Museum. 
 
 9. The Senate shall at the close of each College Session, 
 hold an examination of the students, and present to the 
 Board of Management a Report on the studies of the classes, 
 and on any other matters under its supervision. 
 
 10. The Title of the Principal shall be— "The 
 Eeverend the Principal of Knox College." 
 
 11. He shall preside in all meetings of the College 
 Senate, and summon such meetings at stated or convenient 
 times. In the unavoidable absence or inability of the 
 Principal, the senior Professor shall summon and preside at 
 necessary meetings of the Senate with the consent of the 
 other Professors. In case of a division, the Principal shall 
 only have a casting vote. 
 7 
 
 The Principal. 
 
( 
 
 
 iu 
 
 n 
 
 KNOX COLLEGE. 
 
 12. He shall preside at the public opening and closing of 
 the College Session. 
 
 13. He shall he the medium of communication with, and 
 conduct the official correspondence of the College Senate. 
 
 14. He shall have a general superintendence of the studies 
 of the students in accordance with the instructions of the 
 Senate ; it being understood that the other Professors shall 
 be responsible only to the Assembly for the discharg< of the 
 duties entrusted to them. 
 
 15. No person shall at any time be employed, 
 
 Appointment of ■■ , . m o /. mi i 
 
 Professors and or inducted mto office, as Professor of Theology 
 who is not at the time of his employment, or 
 induction an ordained Minister of the Canada Presbyterian 
 Church ; and if a Licentiate shall at any time be appointed, 
 he shall, before induction, be ordained to the Holy Ministry 
 in the usual manner by the Presbyt(?ry of Toronto, or by a 
 Commission specially appointed for that purpose by the 
 Assembly ; and all persons, if any, who shall be appointed or 
 employed as Tutors, shall at the time of their entrance into 
 office be members of the said Church in full communion 
 therewith, and said Professors and Tutors shall sign the 
 Formula appointed to be signed by Ministers, &c., of the 
 Church. 
 
 16. All professors and tutors who shall hereafter be 
 appointed or employed in the said college, shall be appointed 
 by the said Assembly at its ordinary annual session, or at any 
 special meeting of the said Assembly to be called for the purpose 
 of making such appointments or appointment by notice from 
 the moderator of Assembly for the time being, to be sent to 
 each member of Assembly at least fifteen days before the day 
 
KXOX COLLEGE. 
 
 99 
 
 osing of 
 
 ith, and 
 nate. 
 
 studies 
 s of the 
 t)rs shall 
 of the 
 
 :nployed, 
 rheology 
 ment, or 
 shyterian 
 ppointed, 
 Ministry 
 , or "by a 
 ( by the 
 )ointed or 
 ance into 
 minunion 
 sign the 
 C.J of the 
 
 eafter be 
 appointed 
 , or at any 
 le purpose 
 otice from 
 36 sent to 
 re the day 
 
 appointed for such special meeting, such appointment to be 
 made by open vote of the majority of members present at 
 the Sederunt of the said Assembly at which the appointment 
 shall be made, or in such other manner as the said Assembly 
 shall from time to time by resolution determine and direct 
 to be pursued in making such appointments ; provided 
 always, that any such professor or tutor may resign, or may 
 by the said Synod be removed, suspended or deposed from 
 office, according to the laws of the church, and in case of 
 any such tutor resigning or ceasing to be such as aforesaid, 
 or in case any such professor being removed or being deposed 
 from the ministry in due process of discipline, such tutor or 
 professor so resigning, ceasing to be a member, or being 
 removed, or deposed as aforesaid, shall, ij)so facto, cease to be 
 a professor or tutor in the said college, and cease to have any 
 emolument or privilege belonging to the said college, and his 
 office shall be vacant. 
 
 Of Sessions and ^ ^- ^hc sessiou or academical year shall coni- 
 Admissions, nience on the first Wednesday of Octobef, and 
 end on the first Wednesday of April. There shall be such 
 recess at the end of December as may be fixed by the Senate. 
 
 18. No person shall be entitled to rank as a student who 
 has not been certified to the Senate by some Presbytery of 
 the Church, or such other body as the Assembly may aj^point, 
 and who has not signed the Album of the College, and agreed 
 to submit to its discipline in such form as may be determined 
 by the Senate. 
 
 19. Every student shall, at the end of each Session, apply 
 to the professors on whose instructions he has attended, for 
 certificates attesting the regularity of his attendance, his pro- 
 
100 
 
 KNOX COLLEGE. 
 
 
 1 1 
 
 ill 
 
 liciency, diligence and general conduct, which certificates 
 shall be presented to the Presbyteiy of the Church, by whom 
 the said student may be examined for license, or to the 
 Board of Examiners for entrance upon the next year of the 
 <Jurriculum ; and before any student shall be taken on trials 
 for license, ho shall present to his Presbytery a certificate 
 from the Senate, signed by the Principal, attesting that he 
 has attended all the classes and performed all the duties 
 required by the Church. 
 
 20. Cases of an urgent or peculiar nature of attendance on, 
 or absence from the classes of any particular year shall be 
 adjudged upon by the Senate according to the circumstances 
 of each case. 
 
 I 
 
 Sect. III. — The Curriculum. 
 
 1. The Curriculum of study shall be such as may 
 ° ' at any time be determined by the Supreme Court, 
 and for the present is for the Theological course : — 
 
 2. First year — Evidences of Natural and Eevealed Reli- 
 gion; Senior Hebrew; Church History; Study of New 
 Testament (Greek). 
 
 3. Second Year — Systematic Theology ; Church History ; 
 Hermeneutics and Biblical Criticism ; Exegesis. 
 
 4. Third Year — Systematic Theology ; Hermeneutics and 
 biblical Criticism ; Exegesis ; Pastoral Theology. 
 
 ;■' 'f . 
 
MONTREAL COLLEGE. 
 
 101 
 
 Sect. IV. — The Presbyterian College of Montreal. 
 Act of "Whereas petitions have been presented on behalf 
 
 Incorp ration, n.i /, •, -,^ ^ . • ^^ -, . „ , 
 
 1806. ot the Canada Freabytenan Church, setting fortli 
 that the said Church is desirous of creating an educational 
 establishment in Montreal, in connection with the same, and 
 praying for an Act of Incorporation, and it is expedient to 
 comply with the said petitions ; Therefore, Her Majesty, by 
 and with the advice and consent of the Legislative Council 
 and Assembly of Canada, enacts as follows : — 
 
 1. John Redpath, George Eogers, Warden King, the 
 Reverend "William Taylor, D.D., the Reverend Alexander F. 
 Kemp, M.A., the Reverend D. H. Mc Vicar, Joseph Mackay, 
 Frederick W. Torrance, James Court, Andrew Robertson, 
 Peter Redpath, "William J). McLaren, J. "Watson, and Alex- 
 ander McGibbon, all of Montreal ; James Ross, the Reverend 
 "William R. Clarke, John Ross, and James Hossack, all of 
 Quebec ; Charles Benedict and the Reverend Daniel Pater- 
 son, M.A., both of Saint Andrews, and the Reverend John 
 Crombie, M.A., of Inverness, and such persons as may, from 
 time to time, be and become members of the Canada Pres- 
 byterian Church, within the limits of Lower Canada, shall 
 henceforth be a body corporate, under the name of "The 
 Presbyterian College of Montreal." 
 
 [The remainder of clause i, as also clauses 2, 3, 4 ^^^^d 5y 
 are the same as the Act for Knox College,]^ 
 
 6. The said Presbyterian College of Montreal may at any 
 time become affiliated to the University of McGill College 
 upon such terms as the said University and the said Presby- 
 terian College of Montreal may agree upon. 
 
102 
 
 MONTREAL COLLEGE. 
 
 DeclarxVTIon of Prixciples. 
 
 The SyiijJ, in acconLuico with tho terms of the Act passed 
 last session of thj Logialature for the Incorporation of the 
 Presbyterian College of ^lontreal, at its first session after the 
 passing of tho Act, resolved and declared — 
 
 That the principles and doctrines to be taught in the 
 Presbyterian College of Montreal by the professors and 
 tutors, or other persons who shall from time to time, and at 
 all timco hereafter, be employed or appointed in giving 
 instruction in the said College, shall be such and such only 
 as are consistent with and agreeable to the " Confession ot 
 Faith," tlio ^' Larger and Shorter Catechisms," and the 
 " Form of Church Government," all of which are called ; 
 "The "Westminster Standards," and shall comprise all theo- , 
 logical learning consistent with the said Standards; Provided , 
 always that the said Standards be understood and taken in j 
 terms of the Articles of Union agreed upon by the Synod of 
 the Canada Presbyterian Church at Montreal, in the year of 
 our Lord 1861 ; Provided also, that the said " Westminster 
 Standards" be taken and understood with such other or 
 further directions and rules as to Church government, disci- 
 pline or worship, as may from time to time be prescribed or 
 ordained by the Synod of the said Canada Presbyterian 
 Church, with the concurrence of a majority of the Presby- 
 i;eries of the said Church, to be ascertained in such manner 
 as the Synod shall prescribe, and that such regulations and 
 rules be duly recorded in the minute-book of the said Synod, 
 and signed by the Moderator and Clerk for the time being 
 of sucli Synod. 
 
BOARD OF EXAMINERS. 
 
 103 
 
 assed 
 f the 
 BV the 
 
 a the 
 and 
 nd at 
 giving 
 1 only 
 Lon ot 
 d the , 
 called i 
 I theo- : 
 Dvided j 
 ken in j 
 nod of 
 
 fQ&V of 
 
 ainst6r 
 her or 
 , disci- 
 bed or 
 yterian 
 i'resby- 
 nanner 
 ns and 
 Synod, 
 I being 
 
 The Synod furtlier instruct their Clerk to register this 
 resolution and declaration in the r->cords of the Synod. 
 
 Sect. V. — Interim Act Anent Board of Examiners. , 
 
 The Assembly recommends students for the ministry to 
 take, when possible, a full course in some approved College, 
 and obtain the degree of B.A., before entering on their 
 Theological studies. 
 
 Students not taking a full course, are required to give 
 three years attendance on such classes at University or Mc- 
 Gill College, or Colleges affiliated with either, as the Assem- 
 bly may direct, and to pass the terminal examinations 
 connected with these classes. 
 
 1. The examination of students shall be conducted by 
 Presbyteries, and by Boards of Examiners, which shall bo 
 appointed annually by the Assembly. 
 
 2: It shall be the duty of Presbyteries to ascertain, by 
 examination, the fitness of persons presenting themselves as 
 students with a view to the ministry, and to certify them to 
 the Boards of Examiners for examination, and the Boards 
 shall assign such candidates their position in the Curriculum. 
 
 3. There shall be two Boards of Examiners, one to meet 
 at Toronto, and the other at Montreal, and each Board shall 
 consist, respectively, of seven members, wdth the addition of 
 the Professors of the Colleges ; and the Professors of Knox 
 College, Toronto, shall be, ex officio, members of the Board 
 meeting in Toronto ; and the Professors of the Presbyterian 
 College, Montreal, shall be, ex officio, members of the Board 
 meeting in Montreal. 
 
 ■>rv. 
 
 •V 
 
I 
 
 I 
 
 I 
 
 104 
 
 BOARD OF EXAMINERS. 
 
 4. The standing of Students ■vvlio liiivo not yet matricu- 
 lated at the University of Toronto, or at McGill College, 
 Montreal, shall bo determined by examination before the 
 Board, at the close of each Session. 
 
 5. Students shall be required to pass an examination 
 before either of these Boards on entering the Theological 
 Curriculum ; and the Boards may accept the degree of B.A., 
 from either of the above-named Universities, in the place of 
 Buch examination, and, with this exception, the examina- 
 tion of Theological Students by the Boards shall be at the 
 close of the Session. 
 
 6. In case of Students in the preparatory course producing 
 Certificates from the above-named Universities, of having 
 passed examinations, which the Boards may deem equivalent 
 to their own, the Boards may dispense with further exam- 
 inations in these subjects. 
 
 T. Theological Students shall be required to appear before 
 the Presbyteries within which they reside, between College 
 Sessions, and deliver, at least, one written exercise. 
 
 The following amended Act loas reported to the Assembly 
 of 187 If and laid over for consideration at the next Assembly, 
 The former Act was re-enacted ad interim. 
 
 1. There shall be two Boards of Examiners, the one to 
 meet at Toronto, the other at Montreal ; and each Board 
 shall consist respectively of the members of the Senate of 
 Knox College, and six other members to be elected annually 
 by the General Assembly, and of the members of the Senate 
 of the Presbyterian College, Montreal, and six other mem- 
 bers to be elected as above. 
 
BOARD OF EXAMINERS. 
 
 105 
 
 2. It sh.iU bo tho duty of Presbytoi'ics to examine all 
 persons presenting themselves as entrants, on tho preparatory 
 course of study, and to certify them to one of tho above- 
 named Boards, by whom their places in the Curriculum 
 shall be determined. 
 
 3. At tho clof of each Session, the students in the pre- 
 paratory course shall be examined by tho Board in Toronto 
 or Montreal, as the case may be ; and, if tho examination be 
 satisfactory, they shall then be certified, each to the Presby- 
 tery within whoso bounds ho may reside during tho summer 
 months ; and it shall then be the duty of the Presbytery to 
 prescribe such studies as they may see fit, and to examine 
 the student before tho opening of tho next Session, and 
 certify him to the Senate. 
 
 4. Eegular students, entering upon tho course in Divinity, 
 shall present a Presbyterial certificate, together with evidence 
 of having obtained the degree of B. A. at the University of 
 Toronto, or at McGill College, Montreal, or at Queen's Col- 
 lege, Kingston, or at Victoria College, Cobourg, or at one of 
 the National Universities of Great Britain or Ireland ; or, 
 instead of said degree, a certificate of having satisfactorily 
 passed the final examination in tho preparatory course already 
 referred to ; but, in all cases, such students must present 
 evidence of having attended, at least one Session, a class in 
 Hebrew, or otherwise undergo an elementary examination in 
 that language. 
 
 5. It shall be the duty of the Boards to examine the 
 students in Divinity at the close of each Session, and in case 
 of the examinations proving satisfactory, to certify this to 
 the respective Presbyteries. 
 

 mmm. 
 
 wm 
 
 r 
 
 106 
 
 BOARD OF EXAMINERS. 
 
 i 
 
 
 6. It shall be the duty of the Presbyteries to prescribe to 
 the students in Divinity residing within their bounds for the 
 summer months, such studies or written exercises as they 
 may see fit, and to examine them before the opening of each 
 Session, and certify them to the respective Senates. 
 
 7. Students, on making application to Presbyteries for 
 license, shall present certificates of having completed the 
 course in Divinity, and of having satisfactorily passed the 
 examination at the close of the last Session in their course. 
 
 In order to encourage students to take a full Univ<^rsity 
 course, the Board of Examination is empowered to take the 
 necessary steps for instituting Scholarships, open for compe- 
 tition to such students in the various years of their attend- 
 ance. Competitors for these Scholarships to give a declaration 
 of their intention to enter the Ministry of this Church, and 
 satisfactory assurance that, in the event of not carrying out 
 this iLtention, the sums thus received shall be refunded. 
 
APPENDIX OF FORMS, ETC, 
 
 1. Form of Intimation Appointing a Moderation in a 
 
 Call. 
 
 It is hereby intimated in name and by the appointment of 
 the Presbytery of that in terms of an appli- 
 
 cation from this congregation, a meeting will be held within 
 this Church on the day of 
 
 next, at o'clock, for the purpose of moderating a 
 
 call to a minister. The Eev. A. B. to preach and preside. 
 
 (Place and date.) 
 
 Presbytery Clerk. 
 
 2. Form of a Call to a Minister. 
 
 We, the office-bearers, members and adherents of the con- 
 gregation of under the care of the Presbytery of 
 
 in connection with the Canada Presbyterian 
 Church, desirous of promoting the glory of God and the 
 good of the Church ; being destitute of a fixed pastor, and 
 being assured by good information and our own experience, 
 of the ministerial abilities, piety, literature and prudence, as 
 also of the suitableness of the gifts of you Mr. A. B., preacher 
 (or minister) of the Gospel, for this charge, have agreed to 
 invite, call, and entreat, like as we, by these presents, do 
 heartily invite, call, and entreat you to undertake the office 
 of pastor among us, and the r)versight of our souls, and fur- 
 ther upon your accepting this our Call, we promise you all 
 due respect, encouragement, and subjection in the Lord, and 
 to contribute to your suitable maintenance as God may 
 
 prosper us. 
 
 (107) 
 
I 
 
 108 
 
 FORMS. 
 
 In Wintess whereof, we have subscribed these presents, 
 at this day of one thou- 
 
 sand eight hundred and years. 
 
 3. Call to a Colleague and Successor. 
 
 The same as the preceding , excexding that instead of the 
 words " being destitute of a fixed pastor," say " taking into 
 consideration the age and infirmity of the Eev. A. B. , 
 our present beloved pastor, and the necessity of having a 
 colleague to him in his charge ;" o?*, *' the size and extent of 
 our congregation and our need of a colleague to the Eev. A. 
 B., our present beloved pastor in his charge." And after the 
 loord "Souls" introduce as "colleague and successor" {or 
 simply " colleague"), to the said A .B." 
 
 4. Concurrence by Persons not in full Communion. 
 
 We, the subscribers, adherents of in the congregation 
 
 of , hereby declare our hearty concurrence in the 
 
 call addressed by the members of the said congregation to 
 Mr. , to be their pastor. 
 
 The signature to this to he attested. 
 
 5. Adherence to the Call by Members not present 
 
 ON THE Day op Moderation, usually appended 
 
 to the Call. 
 
 We, the undersigned, members of the congregation of 
 do hereby signify our adherence to, and entire 
 concurrence in the above Call, addressed to Mr. 
 
 , to be minister of the said congregation. 
 
 6. Attestation op Call. 
 
 By the Moderator. 
 
 That the above names, to the number of ^ 
 
 persons certified to be members of, and in full communion 
 
•Hfm^tmv^V 
 
 FORMS. 
 
 109 
 
 with, the congregation of , were subscribed by 
 
 the parties themselves, or by mo at their special request, this 
 day of 18 , is attested by 
 
 A. B., Moderator. 
 
 By the Elders^ 
 
 The above names, to the number of of persons, 
 
 membors of, and in full communion with, the congregation 
 of , were subscribed by the parties themselves in 
 
 our presence, or by one of us, at their special request, this 
 
 day of 
 
 W. X., Elder. 
 Y. Z., Elder. 
 
 7. Edict for Ordination of a Minister. 
 
 Whereas the Presbytery of of the Canada Pres- 
 
 byterian Church, have received a Call from this congregation, 
 addressed to A. B., preacher (or minister) of the gospel, to be 
 their minister, and the said Call has been sustained as a 
 regular gospel Call, and been accepted by the said A.B. [and 
 he has undergone trials for ordination] ; and whereas the 
 said Presbytery having judged the said A. B. qualified for 
 the ministry of the gospel, and the pastoral charge of this 
 congregation, have resolved to proceed to his ordination on 
 the day of Notice is hereby given to 
 
 all concerned, that if they, or any of them, have anything to 
 object why the said A. B. should not be ordained pastor of 
 this congregation, they may repair to the Presbytery, which 
 is to meet at on the said day of 
 
 ; with certification, that if no valid objection be then 
 made, the Presbytery will proceed without further delay. 
 
 By order of the Presbytery, 
 (Place and Date). C. D., Cleric. 
 
 When the person to he settled is already a minister, leave 
 out the u'ords idthin [ ], and, instead of ''ordination'' and 
 - ''ordained,' say "induction" and "inducted." 
 
110 
 
 FORMS. 
 
 8. Citation in Cases of Translation. 
 
 A Call from tho congregation of , to Mr. C. D. 
 
 minister of this congregation, having been laid before the 
 Presbytery of at their last meeting, they have 
 
 agreed to take the steps usual in such a case, and accordingly 
 hereby summon the Church Session and members of^ this 
 congregation, to appear at a meeting of the Presbytery to be 
 held at on the day of next at o'clock, 
 
 that they may give reasons, if they have any, why Mr. C. D.'s 
 translation may not proceed ; with certification that if no 
 appearance be made they shall be held as consenting to said 
 translation. 
 
 (Place and Date). Preshytenj Clerh. 
 
 In case of a resignation the edict isj imdatis mutandis^ the 
 same. 
 
 9. Declaration of Pastoral Charge Vac^^nt. 
 
 In consequence of the translation (resignation or death, as 
 the case may be) of Mr. C. D. which occurred on the 
 day of last, the Presbytery of hereby intimate 
 
 and declare that the pastoral charge of this congregation is 
 now vacant, and farther call upon all parties having interest 
 in the san:3 to proceed to fill up the vacancy with all 
 convenient speed, and according to the laws and practice of 
 the church. 
 
 (Place and Date). Presbytery Clerh. 
 
 10. Formula for the Ordination of Missionaries. 
 
 Questions 1, 2, 3, 4, 5, 6 and 7, the same as for the 
 ordination of Ministers. 
 
 8. Do you devote yourself to the office of a Missionary of 
 this Church, engaging in this solemn undertaking with a 
 deep sense of the responsibilities of one to whom this grace is 
 given, oi preaching the unsearchable richos of Christ ; and 
 
FORMS. 
 
 Ill 
 
 in tliis aiduoiis work of turning men from darkness to light, 
 and from the poAver of Satan to God, do you resolve to endure 
 hardness as a good soldier of Jesus Christ, that, when the 
 Chief Shepherd shall appear, you may receive a crown of 
 glory that ladeth not away ^ 
 
 9. And all these things you profess and promise, through 
 grace, as you shall be answerable at the coming of the Lord 
 Jesus Christ, with all His saints, and as you would be found 
 in that hapi)y company 1 
 
 11. Edict for the Ordination of Elders. 
 
 Whereas A, B, C, and D, members of this congregation, 
 and lately elected to be Elders in the same, have declared 
 their acceptance of said call, and have been examined by the 
 Session as to their religious knowledge, and the government 
 and discipline of the Church, and the duties of their office, 
 and have been approved of as persons worthy and fit to be 
 ordained to the office of the Eldership. — Kotice is hereby 
 given, that if any person or persons have objections why the 
 said A, B, C, and D, or any of them, should not be ordained 
 to the office of Elders, they may repair to the Session 
 appointed to meet in the Session house, on the 
 
 day of at o'clock, to state the same ; with certi- 
 
 fiLvation, that if no valid objection be then made, the Session 
 will proceed to the ordination without delay. 
 
 By order of the Session, 
 
 (Place and Date.) 
 
 C. D., Clerk. 
 
 12. Certificate of License to a Preacher. 
 
 At , the day of one thousand eight 
 
 hundred and : The which day the Presbytery of 
 
 of the Canada Presbyterian Church, having 
 
 taken into consideration, that A. B., Student of Divinity, 
 
 had passed the usual and required course of Literature and 
 

 112 
 
 FORMS. 
 
 i 
 
 I 
 
 Philosophy previously to being received as a Theological 
 Student ; that he had thereafter studied Divinity during the 
 space of three years at College, and delivered the discourses 
 prescribed by the Professors ; that, having completed said 
 course of study, he was, by permission of the Assembly, 
 taken upon trials by the Presbytery for license as a preacher 
 of the Gospel ; and having finished the trials allotted to him, 
 each of which has been severally approved of, and satisfied 
 *he Presbytery as to his personal piety, and motives for 
 seeking to enter the ministerial office ; the Presbytery, on a 
 review of the whole appearances, declared their satisfaction 
 with the evidences which he had given of his qualifications 
 for becoming a licentiate of this Church, and agreed that he 
 should be licensed to preach the Gospel ; Whereupon the 
 questions of the Formula appointed to be put to such as are 
 to bo licensed, were put to him, and he gave satisfying 
 answers to all the same ; wherefore the said Presbytery of 
 did, and hereby do, license the said A. B. to preach 
 the Cospel of Christ, and exercise his gifts as a Probationer 
 for the holy ministry in this Church, and agreed to grant 
 him an extract of license and testimonials in common form. 
 
 Extracted and certified this day of 
 
 one thousand eight hundred and 
 
 CD., Presbytery Cleric. 
 
 ■ ;, Form op Tkansference for Students on Trials for 
 
 License. 
 
 The Presbytery of having applied for and obtained 
 
 permission from the General Assembly, which met at , 
 
 in the year , to take Mr. S. M. on public probationary 
 
 trials, did accordingly prescribe to him subjects of examina- 
 tion, as the Act for the Licensing of Students directs. (State 
 what, if any, of the trials were heard.) At this stage, Mr. 
 S. M. requested to be transferred to the Presbytery of ; 
 
 and this Presbytery agreed to grant said transfer, and hereby 
 
FORHS. 
 
 113 
 
 ological 
 •ing the 
 scourses 
 ted said 
 sembly, 
 )reacher 
 to him, 
 satisfied 
 ives for 
 ry, on a 
 sfaction 
 fications 
 that he 
 pon the 
 ih as are 
 itisfying 
 ytery of 
 preach 
 bationer 
 to grant 
 on form. 
 
 day of 
 Cleric. 
 
 [ALS FOR 
 
 obtained 
 it , 
 
 )ationary 
 examina- 
 is. (State 
 tage, Mr. 
 
 of ; 
 d hereby 
 
 do transfer Mr. S. M. to the Presbytery of 
 completion of said trials, with a view to License. 
 
 Attested this 
 eight hundred and 
 
 , for the 
 one thousand 
 
 day of 
 , at 
 
 M. N., Pres. Clerk. 
 
 14. Presbttbrial Certificate to a Licentiate. 
 
 That the bearer, Mr. C. D., who was duly licensed to 
 preach the Gospel, has resided within the bounds of this 
 Presbytery for the past ; that he has faithfully dis- 
 
 charged the duties assigned to him, and conducted himself, 
 so far as known to the Presbytery, in a way becoming his 
 position and his views of the Holy Ministry : all of which 
 is certified in name and by authority of the Presbytery of 
 this day of one thousand eight hundred 
 
 and years, by 
 
 M. N., Pres Clerk. 
 
 15. Form of Elder's Commission. 
 
 At the day of one thousand eight 
 
 hundred and years, the Session of congregation 
 
 being met, and constituted with prayer; Inter alia the 
 Session did, and hereby do, choose and appoint Mr. , 
 
 a faithful acting elder in this congregation to be their Com- 
 missioner to represent them in the Presbytery (and Synod) 
 for the ensuing twelve (or six) months, willing him to 
 attend all the diets thereof, and to have in view in all his 
 actings the glory of God and the best interests of the Church ; 
 and they authorize the Moderator or Clerk to subscribe this 
 as his Commission. 
 
 (Place and Date). 
 
 «')? 
 
 M. N. Mod. (or Clerk). 
 
; I 
 
 I Ir 
 
 I j{ 
 
 ; I ijl 
 
 I ' tilt 
 
 I l|! 
 
 i I llll 
 
 I III 
 
 I ill 
 
 I I III 
 I i III 
 
 1 III 
 
 114 
 
 FORMS. 
 
 it T..f 
 
 •i'], 
 
 16. B'oRMs OF Libel. '' ■' ' * 
 
 { . No. 1. Libnl for Lu morality. 
 
 Mr. A. B., Minister of the congregation of under 
 
 the care of the Presljytery of You are indicted and 
 
 accused at the instance of C. and D., members of the said 
 Presbytery, That Albeit Ijy the Word of God and the laws 
 of the Canada Presbyterian Church, (here state the denomi- 
 nation of the offence, as drunkenness, Sfc.,) is an offence of 
 a heinous nature unbecoming the character and sacred 
 profession of a minister of the Gospel, and severely punish- 
 able by the laws and rules of this church : Yet true it is 
 and of verity that you, the said A. B., are guilty of the said 
 offence in so far as on the day of one thousand 
 
 eight hundred and years, or on one or other of 
 
 the days of that month, or of the month preceding or 
 following, you the said A. B. did at (here describe the place 
 and circumstances of the offence) j All which or part thereof 
 being confessed by you, or being found proven against you, 
 the said A. B. by the said Presbytery of before which 
 
 you are to be tried, you the said A. B. ought to be punished 
 according to the rules and discipline of the church and the 
 usages observed in such cases, for the glory of God, the 
 edification of the church, and to the terror of others holding 
 the same sacred office. Signed at in name, presence, 
 
 and by appointment of the Presbytery of this day of 
 18 years by = • ?";'^'' ' • 
 
 To he signed by the parties libeling. '>v^*wj '^iUiMii^ ^-jiBi^A'" 
 
 Where the offence, being sinfid in itself, is aggravated by 
 particular circumstances, — siLch as by being committed on 
 the Lord^s day, — the aggravation shoidd be expressed, thus : 
 — " drunkenness, aggravated by its having been committed 
 on the Lord's day ;" and, " it being the Lord's day." - > sj>r\ 
 
 Where a course of conduct is charged, the comp)laint mil 
 
FORMS. 
 
 115 
 
 run thu-i : " drunkeiine33, habitually indulged in ;" arid after 
 specifying the special acts charged, if any, there should be 
 added : " And further, he, the said C. D., is a habitual 
 drunkard, and during the period between the day of 
 
 , and the day of , he indulged in the 
 said habit of intoxication, and was seen, on various occasions 
 within that period, under the influence of liquor. In par- 
 ticular" (here specify the particular occasions to which the 
 proof is to be directed). "' . , V "" '"" " 
 
 'S'\« 
 
 No. 2. Libel for Heresy. 
 
 .» > 
 
 
 Mr. A. B., minister of the congregation of under the 
 
 care of the Presbytery of You are indicted and accused 
 
 at the instance of C. D., members of the said Presbytery. 
 That Albeit to hold and teach that (here state the doctrine 
 ascribed to the party) is contrary to the Word of God and 
 the subordinate Standards of the Canada Presbyterian 
 Clmrch. (Here it is desirable to refer to the partictdar 
 2)assages of Scripture and of the standards founded ujyon). 
 
 Yet true it is and of verity that you, the Kev. C. D., 
 minister of the congregation of , hold and have taught 
 
 the erroneous doctrine above stated. In so far as in a book, 
 pamphlet, or sermon, written and published by you (Jicre 
 describe the publication on which the comjjlaint is founded), 
 on pages thereof, you have stated (here quote the 
 
 language complained of, with such argument or deductions 
 from it as may appear necessary to prove that it in effect 
 amounts to the error alleged). "^ . ' . ..'" 
 
 All which or part thereof being confessed by you or being 
 found proven agahist you, the said A. B., by tlie said 
 Presbytery of before which you are to be tried, you 
 
 the said A. B. ought to be visited with such censure as the 
 laws and discipline of the church in such cases prescribe, in 
 order that the pure doctrine of God's Holy Word, as held by 
 this church, may be vindicated and maintained, or to do 
 
li 
 
 116 
 
 FORMS. 
 
 otherwise in the premises, as to said Presbytery may appear 
 expedient and proper. 
 
 {Place and Date). '' "' ' ' C. 
 
 To he signed by the 'parties prosecuting. I>. 
 
 If the charge he founded on oral statements, then the 
 
 libel will run : " In so far as in a sermon or discourse 
 
 preached by you in the church of on the day of 
 
 , or about that time, you stated that " (here give the 
 
 language, etc., as above directed). 
 
 Or the charge may run in a somewhat different form, thus : 
 ''That it is the doctrine of God's holy Word, and of the 
 subordinate standards of this church, that (liere state the 
 doctrine impugned, and give the necessary references.) That 
 this doctrine, has been denied, or at least views and opinions 
 inconsistent therewith, and subversive of the same, have 
 been promulgated by you, the Rev. C. D., minister of the 
 congregation of in so far as in a book," etc. {as in the 
 
 alxroe style.) * -. (.. ,.\ a ,, \ , j . - , 
 
 Accompanying either of these libels must be sent a list of 
 witnesses and a specification of documents. ; , 
 
 i i< ' 
 
 t< ' 
 
 17. Order by the Presbytery on the Libel. 
 
 At E., IW ■ . The Presbytery appoint a copy 
 
 of the foregoing libel, list of witnesses, specification of docu- 
 ments, and this deliverance, to be served on the said Rev. 
 A. B., and him to appear before the Presbytery within 
 at , on the day of , to answer to 
 
 said libel ; said service being always made at least ten days 
 prior to the day of compearance, and grant warrant for citing 
 witnesses for both parties. 
 
 ■U' *'•, 
 
 '■'■jjtrir < 
 
 '{ 
 
 18. Form op Citation. 
 
 'V 
 
 .H»^,^;. 
 
 To the Rev. A. B. : Take notice that you are summoned 
 
 to appear before the Presbytery of 
 
 at 
 
 and within 
 
FORMS. 
 
 117 
 
 at 
 
 o'clock on the 
 
 clay of 
 
 18 . to 
 
 answer to the libel, a copy of which is prefixed. Served this 
 day of 18 , by appointment of said Presbytery. 
 
 ,.., ^ ., , ., ! \ M. N., officer or other. 
 
 A similar citation will suit for witnesseSf only inserting 
 that they are "summoned to give evidence in the charge 
 now pending against A. B., before the Presbytery." 
 
 i '5' 
 
 r I.. 
 
 19. Form op Oath to be Administered to a Witness. 
 
 I swear by Almighty God, as I shall answer to God at the 
 great day of judgment, that I will tell the tinith, the whole 
 truth, and nothing but the truth, in so far as I know, or as 
 the same shall be asked at me. 
 
 {The Witness, in swear ing^ holds up his right hand.) 
 
 20. Oath op Purgation to be Administered to a Party 
 
 Accused. 
 
 I, A. B., now under process before the Session of the 
 congregation of C, for the sin of , alleged to 
 
 have been committed by me, and lying under that grievous 
 slander, being repute as one guilty of that sin, for ending 
 said process, and giving satisfaction to all, do declare before 
 God and this Session that I am innocent and free of the said 
 sin of , charged against me. And I hereby call 
 
 the great God, the judge and avenger of all falsehood, to be 
 witness and judge against me in this matter if I be guilty. 
 And this I do by taking His blessed name in my mouth, and 
 swearing by Him who is the Searcher of the heart, and that 
 in sincerity, according to the truth of the matter, and my 
 own innocence, as I shall answer at the great day of judg- 
 ment, when I stand before Him to answer for all that I have 
 done in the flesh, and as I would partake of His glory in 
 heaven after this life is at an end. 
 
118 
 
 FORMS. 
 
 21. Form of Dbposiion. 
 
 1 1 I 
 
 In the name of the Lord Jesus C'hrist the solo King and 
 Head of this Church, and by virtue of the power and autho- 
 rity committed hy Him to it, I do now solemnly depose you, 
 Mr. A. B., Minister of the Congregation of , from the 
 
 office ',f the holy Ministry, prohibiting and discharging you 
 from exercising the same or any part thereof, under the pain 
 of the highest censure of the Church, and I do declare the 
 congregation of vacant from and after the day and 
 
 date of this sentence. " 
 
 ■I ' '•• 
 
 ' ' 2t. Form of Overturb. ' *' ' 
 
 At London, C. W., the 20th day of May, 1864. The 
 Presbytery of London being met and duly constituted, una- 
 nimously approved of the following overture : 
 
 Whereas it is the duty of the General Assembly, in the 
 exercise of its superintending care over the religious interests 
 of the people of the Canada Presbyterian Church, to adopt 
 every means within its power by which these interests may 
 be advanced ; and whereas an affectionate address would be 
 calculated to promote piety, foster a godly zeal among the 
 members of the Church, and strengthen the hands of the 
 ministers of Christ; whereas, moreover, the intercourse 
 thereby upheld between the Supreme Court of the Church, 
 and those under its charge, might contribute to that recipro- 
 cal good feeling and regard for the duties of religion which 
 are ever so desirable and necessary, it is therefore humbly 
 overtured to the Venerable the General Assembly of the 
 Canada Presbyterian Church, that arrangements may be 
 made whereby a suitable pastoral letter may be prepared and 
 issued to the people under its charge. 
 
 Transmitted and attested by order of the Presbytery. 
 
 '• ^^W A. B., Pres. Clerk. 
 
 When the overture is to the Presbytery or Synods the 
 
FORMS. 
 
 119 
 
 form of adilreas U "to the Reverend the Prcsl)ytory" or 
 " Synod" ; and where it is hy individuah^ and not hy a 
 Church Courts the introduction runs thus : 
 
 " The undersigned Members, Ministers or Elders {as the 
 ease may f>e) of the Canada Presbyterian Church would 
 lespectfully present the following Overture to tlie Presby- 
 tery" (Synod or Assembly, as the case may he). The navies 
 of the parties being signed at the end of the document. In 
 the event of private members overturing any of the Superior 
 Courts, the overture must be transmitted through their Ses- 
 sion. For this purpose a short petition is sent to the Se.ssion 
 with the overture, praying them to transmit it. 
 
 23. Form of Memorial and Petition. , , 
 
 To the Eeverend the Synod of the Canada Presbyterian 
 Church, assembled at 
 
 The Memorial and Petition of the undersigned Members and 
 Adherents of the congregation of 
 
 Humbly Shewbth. 
 
 1st. That your Memorialists view with much satisfaction 
 the rapid and orderly extension of the Church in this 
 province, and the zeal of its pastors in preaching the Word 
 and promoting the interests of true religion. 
 
 2nd. That there are still largo districts of the country 
 open to the laboursof missionaries, and soliciting the planting 
 of churches. 
 
 3rd. That the more complete organization of the Church 
 by the in^stitution of a General Assembly and District 
 Synods would, in the opinion of your petitioners, give 
 greater vigour and strength to the church, and enable it 
 more effectively to overtake the work assigned to it in 
 providence. 
 
 4th. May it therefore please the Reverend the Synod of 
 the Canada Presbpterian Church to take such steps as, in its 
 
 »PM^|1«<i1W»l» 
 
i' 
 
 ■: 
 
 120 
 
 FORMS. 
 
 wisdom, it may see fit, for instituting such General Assembly 
 and District Synods at as early a period as possible. 
 
 And your petitioners will ever pray that all your delibera- 
 tions and discussions may be blessed by the Great Head of 
 the Church for the furtherance of His Kingdom in this 
 province. • •''• ?;^;-m^ • i • ^ w ,' ,,? -y.-.v 
 
 ^ The signatures follow. 
 
 (Place and Date). • > \ <* . ' 
 
 Note. — Parties overiuring or } petitioning any of the Courts 
 of the Church should give icritten authority to two or more 
 of their number^ to appear on their hcJialf and to present 
 their case before the Court. 
 
 ] ! 
 
 
 ill 
 
 24. Presbyterial Certificate to a Student to thb 
 ' ' ) ! Board of Examiners. 
 
 !• 1 ■■ J- 
 
 The Presbytery of having considered the application 
 
 of C. D., a member in full communion of the Canada 
 Presbyterian Church, to be received as a Candidate for the 
 Ministry, and finding that his religious character and general 
 acquirements are such as to warrant the hope of his being 
 fit to enter ou the prescribed course of study, agree to grant 
 him this certificate, commending him to the Board for the 
 Examination of Students. ' , . . ' 
 
 :i .( Pres. Clerk. 
 
 (Place and Date). ; ,, ,, : ,. i 
 
 25. Ordinary Certificate op Membership. 
 
 This certifies that the Bearer C. D., leaves the Congre- 
 gation of ■ , at this date, a member in full communion 
 with the Canada Presbyterian Church. 
 
 Attested by 
 
 "- t.-,.x .,j ,,,j, ,,,. , Moderator. 
 
 (Place and Date). : . , ; 
 
FORMS. 
 
 121 
 
 • ' •'' 26. Standing Orders. ^ 
 
 1. Reports of Moderations, Inductions, Licensure, Deaths, 
 Demissions, Suspensions, Depositions of ministei-s, and of the 
 erection or dissolution of congregations within the respective 
 Synods, shall be sent up by their Clerks, so as to be in the 
 hands of the Clerk of Assembly at least eight days before 
 the Assembly meets. ;, .,__., ^ . 
 
 2. The second diet of the Assembly's meeting shall be 
 chiefly spent in devotional exercises, and such portion of 
 other diets as the Moderator of Assembly shall think proper. 
 
 3. There shall be a Standing Committee on Business, 
 consisting of the Clerks of the Assembly, and of Synods and 
 Presbyteries who may be commissioners, who shall arrange 
 all such business as may be requisite prior to tlie first diet 
 of the annual meeting of Assembly ; and such Committee, 
 together with a Minister and Elder from each Presbytery, 
 appointed by the Presbytery itself, shall constitute the Com- 
 mittee of P>ills and Overtuies ; but in the event of no such 
 appointment being made, such representatives shall be ap- 
 pointed by the Assembly. The Assembly Clerks shall bo 
 Joint Conveners of the said Committee. After the arrange- 
 ment of business has been reported by the Committee of 
 Bills and Overtures, and disposed of by the Assembly, the 
 Clerks of Assembly shall write out a legible copy of the 
 business according to the order in which it is to be taken up 
 from time to time, and shall fix up the same in the vestibule 
 of the place of meeting, for the due information of all parties. 
 
 4. All papers for the Assembly, or notification of the same, 
 shall be transmitted to the Conveners of the Committee on 
 Business, at least ei^ht days before the meeting of Assembly, 
 and all such papers shall pass through the Committee on 
 Bills and Overtures before presentation to the Assembly. 
 
 5. Every motion, or amendment to the same shall be 
 given to the Moderator in writing, us soon as it shall have 
 been made to the House. 
 
122 
 
 FORiiS. 
 
 6. When a motion is duly seconded, and in possession of 
 the House, it shall not be altered without the permission of 
 the Assembly. '^ rih<iu,y iK u [i^;. .i 
 
 7. No member shall be allowed to speak more than once 
 on the same subject, unless it be in explanation, or by per- 
 mission of the Assembly. 
 
 8. The mover of the first motion shall be entitled to the 
 privilege of reply, in which new matter must not be intro- 
 duced ; thereafter the debate shall be held to be definitely 
 closed, and no person shall be entitled to speak, excepting 
 with regard to the manner of putting the vote. 
 
 9. All motions after the first shall be considered as'amend- 
 menta on the first, and disposed of accordingly. 
 
 10. When there are only two motions before the House, 
 the amendment shall be put first and the motion afterwards ; 
 but if the Roll be called, the question shall be " Amendment 
 or Motion," and the motion which so carries shall then be 
 put to the House ; the question being " Aye or No." 
 
 11. When there are more than two motions, the last shall 
 be put against that immediately preceeding it, and so on till 
 only two remain, when they shall be disposed of as above in 
 No. 10. 
 
 12. The vote may ordinarily be taken by a show of hands, 
 but at the call of any member, the Roll shall be called and 
 votes marked. 
 
 13. The previous question may be moved, and when mov- 
 ed no further discussion shall be allowed until it shall have 
 been decided. The previous question shall be, whether the 
 vote on the resolution or resolutions before the House be 
 now taken. Should it be carried, the vote shall be imme- 
 diately taken, but should it be lost, the discussion may pro- 
 ceed. 
 
 14. Dissents when taken must be given in immediately 
 after the decision in the case is announced from the chair. — 
 Reasons of dissent may be given in not later than the next 
 sederunt, and such reasons shall be recorded in the minutes, 
 if required. 
 
FORMS. 
 
 123 
 
 sion of 
 sion of 
 
 1 once 
 3y per- 
 
 to the 
 B intro- 
 jfinitely 
 icepting 
 
 'amend- 
 
 House, 
 rwards ; 
 ndment 
 
 then be 
 
 II . 
 
 ast shall 
 3 on till 
 above in 
 
 )f hands, 
 lied and 
 
 len mov- 
 lall have 
 ther the 
 [ouse be 
 »e imme- 
 nay pro- 
 
 nediately 
 chair. — 
 
 the next 
 minutes, 
 
 15. No Committee or Court shall continue to sit after the 
 Moderator shall have taken the Chair, at any diet of the 
 Assembly's meeting, unless the special permission of the 
 Assembly shall have been obtained to that effect. 
 
 16. The Committee of Bills and Overtures shall have 
 the power of printing the Reports of the Standing Commit- 
 tees, or such portions, or abstracts of them, as they shall see 
 fit, in order to their circulating among the members of the 
 Asseii.bly, before such reports are taken up. .ii;\'un. 
 
 • 17. The Conveners of Standing Committees shall give in 
 their Reports to the Committee on Bills and Overturej not 
 later than the second sederunt of the meeting of the Assem- 
 bly. 
 
 18. The Assembly shall appoint a small Committee to 
 suggest the names of members for the Standing Committees 
 of the Assembly. 
 
 19. The Moderator of the General Assembly shall be 
 appointed in the manner following : that is to say, each 
 Presbytery shall nominate for the Moderatorship a minister, 
 either one of their own number, or a member of any other 
 Presbytery of the Church, and the Presbytery Cleik shall re- 
 turn the name of the minister so nominated to the Clerk of the 
 Assembly, together with the names of the Commissioners 
 appointed by the Presbytery, prior to the annual meeting of 
 Assembly. A leet shall be formed of the members thus 
 nominated, and the Assembly shall from such leet, by open 
 vote, appoint the Moderator. In the event of no nomination 
 being made, the Assembly shall elect the Moderator by the 
 usual process of motion. 
 
 •!■;<.. !- ■ . I. ^».:- ,. ', J. ..-. ■ . V , 
 
 ,; 27. Regulations anent Presbytery Records. , ^ 
 
 Regulations adopted by the Supreme Court as to points of 
 form, which are to be observed in the keeping of Presbytery 
 Records. . ^ 
 
 1. That the number of every page bo given in words, as 
 well as in figures. 
 
i i 
 
 m i 
 
 124 
 
 FORMS. 
 
 2. That every page have the signature of the Clerk at the 
 
 foot of it. '* ^ ' '"^ \..i.t .. A I'.A-^ t,,-^irA^.li 
 
 3. That the time at which a Synod or Presbytery meets 
 be given in words, and the building, as well as the place in 
 which the meeting is held, be stated. 
 
 4. That all erasures, or other changes on the Reconds, be 
 noticed on the margin, with the initials of the Clerk's name. 
 
 5. That all items of recorded business, &c., be indexed on 
 margin. 
 
 6. That the place and date of each meeting bo put on the 
 margin, at the head of the page. 
 
 7. That all sums of money be given in woixis, as well as 
 in figures. 
 
 8. That no unnecessary vacant spaces be left between the 
 minutes of sederunts. .. j ;i 
 
 28. 
 
 Home Mission Regulations, as adopted by the 
 ■ " '.^ ' ■ ' ■' Synod, 1865. ' ' 
 
 I. The Synod sliall appoint annually a Home Mission 
 Committee, consisting of Eighteen Members. 
 
 Note. — Every Presbytery has been aecorded the right of 
 representative^ e^en when the above number has been exeeeded. 
 
 II. The operations of the Committee shall have respect to — 
 
 1. Mission Stations, which, having been recommended by 
 Presbyteries and approved by the Committee, shall be placed 
 on the list of Aid-Receiving Stations, and Mission Stations 
 directly imder the care of the H. M. Committee. Provided 
 always, that no application for aid shall be entertained by 
 the Committee on behalf of any Station, unless the Presby- 
 tery of the bounds shall have made armngements with the 
 people for paying, according to their ability, the salary of 
 the Missionary ; and the Presbytery shall see to the imple- 
 menting of such engagements. And the Committee shall 
 make like arrangements in the case of Stations under its 
 care. 
 
FORMS. 
 
 125 
 
 2. Mission Stations reported by Presbyteries, but not 
 receiving aid. 
 
 3. Congregations, not self-sustaining, but able to contri- 
 bute at least $300 per annum, and in which, in the judg- 
 ment of the Presbytery, a fixed Pastor is desirable. Such 
 congregations, having made application to the Presbytery of 
 the bounds, and furnished satisfactory information in regard 
 to their statistics and financial position and prospects, (which 
 application and information shall also be laid before the 
 Committee), may be placed on the list of Congregations re- 
 ceiving supplement. !> " • • 1'. ; 
 
 III. The list of Missionaries shall consist of Ordained 
 Ministers and Licentiates of this Church ; and Students of 
 Divinity, and Catechists, duly approved as the Synod may 
 direct. Each of these Missionaries shall be recommended 
 to the Committee by some Presbytery. 
 
 IV. The Svnod's Central Home Mission Fund shall con- 
 sist of all moneys contributed for that fund, whether by 
 annual contributions from the congregations and the mission 
 stations of the Church, or by grants of money from Foreign 
 Churches, or moneys accruing from other sources, such as 
 legacies, donations, &c. 
 
 V. The duties of the Committee shall be — 
 
 1. To prepare annually, and send down to Presbyteries 
 and Missionaries, a blank form for their reports, so as to as- 
 certain the peculiar circumstances, necessities, and, generally, 
 the state of the mission stations and weak congregations 
 throughout the Church. '■'■■•■ ' 
 
 2. Consider the reports thus rendered by Presbyteries, 
 and to distribute the Missionaries among the Presbyteries, 
 as in view of the detailed information before them may be 
 deemed advisable. r • 
 
 3. To give such aid to mission stations and weak congre- 
 gations, in paying their Missionaries or Pastors, as in view 
 of the detfJled information before them may be deemed ad- 
 visable. 
 
126 
 
 FORMS. 
 
 4. To prepare a full Annual Ij-eport of all the Home Mis- 
 sion operations of the Church, to be submitted to the 
 Synod ; and to publish from time, to time, such information 
 as may serve to call forth the interest and liberality of the 
 Church. ;■ ■ (••j>ii 1 t«,Hy!< )\ ./ )i . i'- >:'{ ■•'>.? ;•. .i.'i »..! 
 
 5. That the XT ittee be empowered, in those parts of 
 the Dominion which are not within the bounds of any Pres- 
 bytery, to esL j:!ish Mis^sion stations, and conduct Mission- 
 ary operations, dii\ ^tly. (1871.) 
 
 6. That, in Mission fields placed directly under the Home 
 Mission Committee, and in new and destitute fields of wide 
 extent within the bounds of Presbyteries, the Committee be 
 empowered — acting in the latter case in concert with the 
 Presbytery of the bounds — to secure the services of suitable 
 missionaries, who may be willing to occupy them for a term 
 of years, and to pay them at a rate in excess of the ordinary 
 salary hitherto paid to missionaries. (1871.) 
 
 ■ I', i 
 
 7{ 
 
 VI. Additional regulations. • * ' ■ 
 
 1 . The Committee shall not be responsible for the salary 
 of Missionaries beyond the amount of aid promised to the 
 stations or congregations by it, and for the time during 
 which they may have labored in said stations or congrega- 
 tions. ^ ll;~f{x MMJ.tirit ;i!o' ) ^{l *N) /-'»ififii »*('! 
 
 2. The amount of salary to be paid by each congregation. 
 Station or Group of Stations, shall be determined by the 
 Presbytery of the bounds, and specified to the Committee ; 
 and it is recommended that a minimum be aimed at by the 
 Presbytery and Committee conjointly, of $400 for an Or- 
 dained Minister, or a Licentiate without board ; for a Stu- 
 dent of divinity at the rate of $6 per Sabbath, with board, 
 and travelling expenses to the field of labour ; and for a 
 catechist $200 without board. 
 
 3. The amount of aid, granted to any congregation receiv- 
 ing supplement, shall, in no case, exceed the amount neces- 
 sary to make the salary of the Minister ($600) Six Hundred 
 
 il 
 
FORMS. 
 
 127 
 
 I»-Tm i:j.U 
 
 Dollars. But the Committee is empowered to supplement 
 the salaries of Ordained Minister engaged in Mission Work 
 in cities, beyond that amount. 
 
 4. That the supplement of all aid-receiving congregations 
 shall be calculated from the lirst day of April ; and that 
 Preeb} i-eries be instructed to make their Reports accord- 
 ingly ; — supplements being payable on the first of October, 
 and the first of April, in each year. 
 
 6. That Presbyteries be instructed at their first meeting 
 to be held, after the Synod, in each year, to revise the lists 
 of Mission Stations, and Supplemented Congregations, and 
 make such changes as they ruay deem necessary, reporting 
 the amended lists to the Committee, and that the lists thus 
 amended, form the basis of the operations of the Committee 
 for the then cuiTent year. 
 
 6. Presbyteries are enjoined to furnish information to the 
 Committee, in accordance with the requirements of the 
 above scheme, and to co-operate with the Committee. 
 
 7. All congregations and Mission Stations are enjoined to 
 make an annual contribution to the Central Fund. '« -r- »* 
 
 8. Students are required to labor in the Mission Stations 
 till the middle of October, after their last year's attendance 
 at College. ^ ^.u nji , 
 
 9. All probationers are required, if sent by Presbyteries, 
 to give a third j^art of their time during the Winter half 
 year to Mission Work — (1866.) 
 
 10. The travelling expenses of members of Committee 
 (1866), and the cost of all exploring and aggressive Mission- 
 ary Work undertaken and sanctioned by Presbyteries, are to 
 be defrayed out of the Home Mission Fund. But all inciden- 
 tal expenses connected with Home Mission operations in 
 Presbyteries, shall be defrayed by Presbyteries, and shall not 
 be a claim on the Central Fund. (I'^iM --viva n-m ) 
 
 11. In regard to arrears due by supplemented congrega- 
 tions to their pastors, that these congregations be required 
 to report to this Committee, through the Presbytery, in the 
 
128 
 
 FORMS. 
 
 form provided, before the first of April, of each year, the 
 amount paid by them as stipend during the previous twelve 
 months ; and that in cases where the amount falls short of 
 the stipend promised by them, power be given to suspend 
 the payment of the supplement until the arrearages are 
 liquidated. ' ' ' 
 
 29. Probationers and Vacancies. 
 
 1. That the distribution of Probationers be left in the 
 hands of a sub-committee, appointed from the Home Mission 
 Committee. The roll of Probationers shall consist of Preach- 
 ers who have been licensed less than three years, and Min- 
 isters who have been loosed from their charges, or who have 
 been receiving appointments from the Committee less than 
 two years (reckoning in both cases from the date of their 
 admission to the roll.) 
 
 2. Preachers who have been on the roll for three years, 
 and Ministers for two years without settlement, shall have 
 their names removed from the list : allowance being made 
 in all cases of sickness, leave of absence, or time occupied 
 in the public business of the Church, or Mission work, apart 
 from fulfilling regular appointments : Provided, also, that 
 the Synod alone may order the retention of a Probationer's 
 name on the list beyond the above specified times. 
 
 3. That Ministers, or Probationers, who have retired from 
 the Ministry, and entered on some other calling for a time, 
 shall not have their names put on the list of distribution 
 without the permission of the General Assembly to that 
 effect. 
 
 4. Probationers, concerning whom complaints of ineffi- 
 ciency have been received from their Presbyteries by the 
 Committee, may have their appointments withdrawn, till a 
 decision of the Synod shall be given in the case. 
 
 5. That the Committee be instructed to report to the 
 GreneKil Assembly any case of departure from these and 
 

 FORMS. 
 
 129 
 
 r, the 
 twelve 
 lort of 
 nspend 
 es are 
 
 in the 
 Mission 
 Preach- 
 i Min- 
 
 10 have 
 s than 
 )f their 
 
 > years, 
 
 11 have 
 ^ made 
 iccupied 
 k, apart 
 90, that 
 itioner's 
 
 ed from 
 a time, 
 ribution 
 to that 
 
 )f ineffi- 
 
 by the 
 
 L, till a 
 
 I IT 
 b to the 
 lese and 
 
 other regulations, prescribed from time to time, for the guid- 
 ance of Presbyteries and Probationers, and tliat Presbyteries 
 and Probationers be enjoined to adhere faithfully to these 
 regulations. 
 
 30. "Widowe' *nd Orphans' Fund. 
 
 1. Ministers shall be admitted to an interest in the Fund 
 on the following terms, viz. : — Those under the age of thirty- 
 five, shall pay annually $8 ; those who are thirty-five, and 
 under forty, $10 ; forty and under fifty, $12 ; fifty and under 
 sixty, $24. No minister whose age is sixty or over shall be 
 admitted. 
 
 Ministers falling into arrears shall pay in addition to the 
 regular rate, $2 for the first year, $4 for the second year, and 
 $G for the third year, but failing for four years, they shall 
 forfeit all claim in connection with the Fund. 
 
 2. The first day of November in each year shall be the period 
 for the payment of the annual rate. In the case of entrants 
 into tlie ministry, who may desire to secure an interest in the 
 Fund previous to the 1st November, immediately following 
 their ordination and induction, they may be admitted on the 
 fallowing terms, viz. : — If their ordination or. induction has 
 been within six months of the 1st November, they shall pay 
 one-half rate ; if their ordination or induction has taken place 
 six months or more before the 1st November, they shall pay 
 a full rate for that year. In no case shall any have an inter- 
 est in the Fund until payment has been made. Ministers 
 wlio shall not avail themselves of the benefits of the scheme 
 within four years of their oidination, cannot be admitted 
 afterwards. 
 
 3. In the event of any minister ceasing to labor as such in 
 tlie capacity of pastor, professorj or missionary of this church, 
 he shall no longer, (except in the case of infirmity or old 
 ag ,) have an interest in or right to the benefits of the Fund ; 
 always providing that one-half of the amount paid by hi jH 
 into the Fund shall be returned. 
 
130 
 
 FORMS. 
 
 4. Any minister who may have, according to the provision 
 of tlio foregoing regulation, ceased to have an interest in the 
 Fund, and have received back one-half of the amount paid 
 by him to the Fund, and who may again, on resuming his 
 connection with the church as pastor, professor, or mission- 
 ary, desire to have an interest in the Fund, may be admitted 
 on repayment of the amount withdrawn, together with the 
 amount of rates from the time he ceased to have an interest 
 in the Fund until again connected with it ; or he may be re- 
 admitted at an advanced rate, on payment of the sum with- 
 drawn only. 
 
 The graduated scale of rates will only apply to those who 
 shall hereafter become connected with the Fund, and not to 
 those now connected with it. 
 
 5. Each widow or orphan family shall receive their annu- 
 ity half-yearly, by equal instalments, on the 1st of May and 1st 
 of November — their warrants in each case for drawing such an- 
 nuity, being the certificate of the Presbytery Clerk or Minis- 
 ter, or Session Clerk of the congregation to which they may 
 belong. The claim of the widow shall date from the firet 
 terra <^ollowing the death of her husband, and the annuity 
 cease at the term next following her death or marriage. Tlie 
 claim of each orphan child shall tenninate at the completion 
 of its fourteenth year. 
 
 ' 6. Payment of Annuities shall be made directly into the 
 hands of the annuitants, or of persons duly authorised to act 
 for them, upon the production of the certificate of the Pres- 
 bytery or Session Clerk, in such manner as annuitants may 
 desire. Children's annuities shall be payable to their natu- 
 ral, legal, or authorised guardians, only on the committee's 
 being satisfied that such annuities will be administered with 
 a due regard to the best interests of the children. 
 
 7. There shall be a treasurer appointed by the Synod, who 
 shall give such security as the committee shall think proper, 
 and who shall receive such remuneration as the committee 
 shall determine, whose duties shall be to receive and man- 
 age the funds of the Scheme, invest moneys, pay annuities, 
 
FORMS. 
 
 131 
 
 Vision 
 in the 
 it paid 
 ng his 
 ission- 
 mitted 
 th the 
 nterest 
 • be re- 
 L with- 
 
 56 who 
 not to 
 
 r aniiu- 
 and 1 st 
 inch an- 
 ■ Minis- 
 By may 
 he fii'st 
 annuity 
 The 
 ipletion 
 
 nto the 
 d to act 
 le Pres- 
 nts may 
 jir natii- 
 imittee's 
 •ed with 
 
 lod, wlio 
 : proper, 
 mmittee 
 nd maii- 
 nnuities, 
 
 subject to the foregoing rules, and lay a full statement of his 
 proceedings annually before the Synod. 
 
 8. A Committee of Management shall be appointed from 
 year to year, by the Synod, whose duties shall be to take a 
 general superintendence of the Scheme between the meetings 
 of Synod — direct and aid the treasurer in the investment of 
 moneys, or in any other important business — examine his 
 books and vouchers at the close of the year, and report there- 
 on to the Synod. 
 
 9. Presbytery Clerks shall be enjoined to forward, annu- 
 ally, on the 1st of January, to the tieasurer of the Fund, a. list 
 of all the ministers within their bounds, their condition, 
 married or unmarried ; also the number and ages of their 
 children, and all changes in their families made by births, 
 marriages, or deaths. 
 
 10. The Synod to provide that operations of the Scheme 
 be more particularly investigated once in fivo years, or often- 
 er, should there appear any probability of an inroad on the 
 capital by unlookecl for emergencies, and to provide for the 
 same should they occur. 
 
 11. In case any difference or dispute shall arise in relation 
 to the Fund and its affairs between the Committee of Man- 
 agement and its Annuitants, or those claiming to be connected 
 with them, the same shall be determined by Arbitrators mu- 
 tually chosen. 
 
 11. The proposed rates payable to Widows and Orphans,, 
 were agreed to, viz. : — That each AVidow having no children, 
 shall receive £30 per annum ; a Widow \Wth one child, £35;. 
 a Widow with two children, £37 10s. ; a Widow having 
 three or more children, £40. A single orphan shall receive 
 an annuity of £10 ; a fomily of two orphans, £15 ; of three, 
 £20 ; and of four, or a greater number, £25. After the age 
 of fourteen, the charge of the children sha 1 not be consider- 
 ed as devolving any longer upon the Fund. The annuity of 
 the Widow, however, shall be for life, or until a second mar- 
 riage ; but in no case, whatever may be the number of chil- 
 dren or their ages, shall the sum allotted to one fiimily 
 exceed £40. 
 
I 
 
 132 
 
 FORMS. 
 
 31. AuKD AND Infirm Ministers' Fund. 
 
 1. That no minister shall have a claim on tlio Fund who 
 enters the service of the church after the age of fifty years. 
 
 2. That no one shall have such claim until he has served 
 in it for ten years. 
 
 3. That every minister iivalided after ten years* service 
 shall receive from the Fund a sum not exceeding $100 yeaiiy. 
 
 4. That for every year over ten which a minister serves in 
 it before he is invalided, he shall receive, if the Fund admits 
 of this, the sum of $8 yearly, till the sum of $200 is reached. 
 
 5. That no one who is admitted to the benefits of the 
 Fund shall engage in any employment without the approval 
 of the committee. 
 
 6. That when application is made to admit a ministe'* to 
 the benefits of this Fund, the committee shall have power to 
 deal with his congregation through the Presbytery, in order 
 to arrange with them what ho is to receive from said congre- 
 gation as a retiring allowance, and that no Presbytery dissolve 
 a pastoral relation on the ground ot age or infirmity, in any 
 case in which aid from the Fund is required, without first 
 communicating with the committee. 
 
 7. Exceptional cases may occur which these regulations do 
 not provide for, to be determined and provided for as they 
 emerge by the Synod. 
 
 32. Act for the Constitution of a General Assembly 
 
 AND District Synods. 
 
 Whereas it is of importance, for the welfare and good gov- 
 ernment of the Church, that a General Assembly and certain 
 District Synods should be instituted in the Canada Presby- 
 terian Church : — 
 
 Be it, therefore, resolved and enacted, by and with the con- 
 sent of the Presbyteries, in terms of the Barrier Act, viz : — 
 
 I. That, in the year one thousand [eight hundred and 
 
FORMS. 
 
 133 
 
 seventy, there shall he constituted a Supreme CJourt of this 
 Churcli, instead of the present Synod, which shall bo styled 
 and entitled The Genbhal Assbmult of tub Oan\da Pubs- 
 BTTERIAN Chuuch, and which shall possess all the powers, 
 privileges, and immunities, which at present belong to the 
 Synod of the said Church. 
 
 II. The General Assembly shall consist of one-third of the 
 whole number of the Ministers rni the rolls of the several 
 Presbyteries, with an equal number of acting Elders, or of 
 such other proportion as may at any time be lawfully deter- 
 mined on ; and said members shall bo appointed in the man- 
 ner following, viz : — 
 
 1. At an ordinary meeting of the Presbytery, held at least 
 thirty days before the meeting of the Assembly, each Presby- 
 tery shall appoint the proi)ortional numbers of Ministers and 
 Elders. 
 
 2. The Presbytery shall forthwith grant to the Ministers 
 and Elders thus elected and appointed Commissions in due 
 form, attested by the Clerk, who shall form such Commissions 
 to the Clerk of the General Assembly, at least eight days 
 before its meeting, and said Clerk shall from such Commis- 
 sions prepare an interim roll, to bo called at the opening of 
 said Assembly, and which being amended and corrected, if 
 necessary, shall be confirmed as the roll of the General As- 
 sembly. 
 
 3» Should the number of the roll be incapable of division 
 by three, then the third shall be the third of the next higlior 
 number capable of such division. 
 
 III. The General Assembly shall hold its first meeting at 
 Toronto, and within Knox Church, there, on the first Tues- 
 day of June, one thousand eight hundred and seventy years, 
 at half an hour after seven of the clock, iu the evening, and 
 thereafter as the General Assembly itself shall determine ; 
 and the Moderator shall be nominated and appointed in the 
 same manner as the Moderator of the Synod has heretofore 
 been, or as may otherwise be hereafter determined. 
 
134 
 
 FORMS. 
 
 IV. There shall he constituted four District Synods, im- 
 mediately suhordinate to the General Assenihly, hut having 
 Guperiorand ai)pellate jurisdiction over Preshyteries, Sessions, 
 and Congregations, within their respective houi^ds ; and 
 which shall possess and enjoy all such other suhordinate 
 powers and privileges as may, from time to time he granted 
 them hy the General Assemhly. There shall also be the 
 right of Appeal, Keference, Petition and Overture, from and 
 to said Synods ; and they shall ho styled and constituted as 
 follows, viz : 
 
 1. The Synod op Montreal, which shall comprise all 
 the Minister? and Elders on the rolls of the Preshytaries of 
 Montreal, Ottawa, Brockville, and Kingston. The Synod 
 will meet at Montreal, and within Erskine Church there, on 
 the tliirtl I'uesday of October, one thousand eight hundred 
 and sixty-nine years, at half an houf'after seven of the clock, 
 in the evening, and thereafter by regular adjournment, at such 
 time and place as the Synod itself may determine and ap- 
 point. The fii-st Moderator shall be the Rev. AVilliam Tay- 
 lor, D. D. 
 
 ?. The Synod op Toronto, which shall comprise all the 
 Ministers and Elders on the rolls of the Presbyteries of Co- 
 Ijourg, Ontario, Toronto, Simcoe, and Owen Sound, and shall 
 meet at Toronto, and within Bay Street Church, there, on the 
 first Tuesday in October, in the year one thousand eight hun- 
 dred and sixty-nine, at half an hour after seven of the clock, 
 in the evening, and thereafter by regular adjournment, at 
 such time and pLace as the Synod itself may determine and 
 appoint. The first Moderator shall be the Rev. John Jen- 
 nings, D.D. 
 
 3. The Synod of Hamilton, wliich shall comprise all the 
 Ministers and Elders on the rolls of the Presbyteries of Ham- 
 ilton, Paris, Guelph, and Durham, and shall meet at Hamil- 
 t( n, and within Knox Church there, on the second Tuesday 
 of October, in the yecir one thousand eight hundred and sixty- 
 nine, at half an hour after seven of the clock, in the evening, 
 And thereafter by regular adjournment, at such time and 
 
 wr->» 
 
 m m 
 
FORMS. 
 
 135 
 
 ■•T'JJi 
 
 •• 
 
 place as tlio Synod itself may determine and appoint. The 
 first jModemtor shall be the Ilev. Oeo. Cheyne. 
 
 4. The Synod of London, which shall comprise all the 
 Ministers and Elders on the rolls of the Presbyteries of liOn- 
 don, Huron, Stratford, and Chatham, and shall meet at 
 London, and within St. Andrew's Church there, on the 
 second Tuesday of October, in the year one thousand eight 
 hundred and sixty-nine, at half an hour after seven of the 
 clock, in the evening, and thereafter by regular adjournment, 
 at such time and place as the Synod itself may determine 
 and appoint. The first Moderator shall be the Kev. Donald 
 McKenzie. 
 
 V. The Clerks of the several Presbyteries shall send certi- 
 fied rolls of their Presbyteries to the Clerks of their respec- 
 tive Synods, at least eight days before the meeting of said 
 Synod ; and such rolls shall be the rolls respectively of the 
 several Synods. 
 
 VI. The Moderators of said Synods shall in all meetings 
 after the first, be nominated and api)ointed by open vote, or 
 in such other manner as the Synod itself may, from time to 
 time, determine. The business shall be conducted in the 
 same manner, mutatis mutandis^ as is the business of the 
 General Assembly ; provided nevertheless, that the Synods 
 shall have power, from time to time, to frame, alter, and 
 amend, such other and additional Standing Orders as they 
 may deem necessary for their own orderly procedure. 
 
 VII. Said Synods shall meet at least once during the 
 ecclesiastical year, and shall annually send up their Minute 
 Books for the examination of the General Assembly. 
 
 33. Declaratory Act on Baptism. 
 
 The Synod having had their attention directed to 
 the subject of Baptism, and the relation in which this initia- 
 tory Sacrament of the Church of Christ stands to the other 
 Sacrament of the New Testament; also to the quc^stion of 
 public or private administration of the initiatory or«linance, 
 Declare and llesolce — 
 
136 
 
 FORMS. 
 
 That, as is already in our excellent subordinate Standards 
 set forth, ** a Sacrament is an Holy Ordinance instituted by 
 Christ, to signify, seal, and exhibit unto those that are with- 
 in the covenant of grace, the benefits of his mediation ; to 
 distinguish them from those who are without ; and to oblige 
 the partakers of such ordinances to obedience." 
 
 That " Baptism is not to be administered to any that are 
 out of the risible Church, and so strangers from the coven- 
 ant of promise, till they profess their faith in Christ, and 
 obedience to Him ; but infants descending from parents 
 either both or but one of them professing faith in Christ and 
 obedience to Him, are in that respect within the covenant, 
 and to bo baptised." 
 
 That, adhering to these principles, the Synod earnestly 
 urge on all ministers and Sessions, to be careful, in adminis- 
 tering Baptism that they who receive this privilege at their 
 hands, be such only of whom there is good reason to believe that 
 they are consistently professing the name of Christ, and 
 obedience to Him ; and inasmuch as one appointed method 
 of solemnly confessing the Saviour, and acknowledging our- 
 selves to be in communion with his followers, is by com- 
 memorating his love and death in the holy ordinance of the 
 Supper, they shall satisfy themselves that parents receiving 
 Baptism for their children, be not neglecting this command 
 of Christ, ^ut that at least they be equally in the intention 
 as God may afford opportunity, to comply with both ordin- 
 ances, and giving token of this by willingly waiting on such 
 instructions as it may be judged necessary to impart to them 
 on the nature and design of the Sacraments. 
 
 Parties soliciting the privilege should be informed that as 
 every one taking on himself the baptismal vow, or seeking 
 Baptism for another, does thereby say " I am the Lord's," 
 and does profess to value the blood and Spirit of Christ, sig- 
 nified in the waters of Baptism, they ought to know tliat in 
 receiving this seal and token of spiritual cleansing, they do 
 as truly declare their acceptance of Christ and fellowship 
 with him, as in the ordinance of the Supper ; — so a declining 
 
 .i 
 
^■1 
 
 PORMa. 
 
 137 
 
 t 
 
 or evading of this latter ordinance by any, being adults, who 
 have received the privilege of the initiatory Sacrament for 
 themselves and their children, is, except good cause be shovm 
 for their neglect, in circumstances not under their control, 
 presumptive evidence either of an imperfect apprehension of 
 the design of the Sacraments, or o^ an inexcusable unwilling- 
 ness to follow the Lord fully : Therefore ministers and Church 
 Sessions are warranted to decline, except on good and special 
 cause shown, the administration of baptism to the children 
 of such as are living in the neglect of the Lord's Supper, or 
 do not avail themselves of instructions offered towards a right 
 preparing of them for its observance. 
 
 That while due tenderness is recommended to be used in 
 dealing with individuals who withhold themselves from the 
 Table of the Lord, rather from misapprehension and solemn 
 awe, than from blameable indifference towards an appointed 
 means of grace, diligence should be used to counteract super- 
 stitious misconceptions of the nature of the ordinance ; and 
 especially if these be accompanied with an undervaluing es- 
 timate of the solemnity of Baptism, that the parties concern- 
 ed be reminded of the equality of the two sacraments — as 
 regards their sacred authority, their common reference to the 
 same covenant, and the like necessity both for faith and 
 resolutions of holy living, to the right observance of both. 
 
 The Synod do anxiously caution against a too easy or in- 
 discriminate admission to the Baptismal ordinance. And 
 both as tending the better to ensure purity of communion, 
 and as required by a regard to the design of Baptism as a 
 seal of fellowship in the Church, as well as of engrafting 
 into Christ, the Synod recommend, as much as possible, that 
 the ordinance be dispensed publicly ; — not precluding cases 
 in which it may be judged necessary to baptize in dwelling 
 houses, or cases in which the attendance at the ordinary 
 place of public worship may be greatly inconvenient. But 
 the Synod earnestly advise, tliat as rarely as possible, the priv- 
 ilege be given without public notification from the pulpit, 
 and never without the word of exhortation or exposition : — 
 
138 
 
 FORMS. 
 
 That if at any time application be made for the administra- 
 tion suddenly and hastily of the oi*dinance of Baptism, the 
 circumstances be well considered; and care exercised mildly 
 and faithfully to distinguish wliat is essential from Avhat may 
 be desii-able — between the relation of Baptism to salvation 
 And to Church fellowship ; explaining, where it may be neces- 
 sary so to explain, that as the privilege of Baptism is not to 
 be without good reason neglected, so neither its administra- 
 tion indispensable where God in his Providence has not af- 
 forded opportunity for observing it in due order, or in a 
 manner edifying to the individual or to the Church in gen- 
 eral. And if in peculiar circumstances of locality or other- 
 wise, it shall be judged for edification to administer this seal 
 of the covenant, without a Session having had regular op- 
 portunity to confer with the parties applying, or formally to 
 receive them into the fellowship of any congregation, that 
 the minister so receiving to Baptism shall, at the earliest 
 opportunity, report the case to his Session, and that the in- 
 dividuals recognised shall be duly enrolled and considered 
 within the range of the inspection of the pastors and elders, 
 and as being hona fide members of the congregation, in con- 
 nection with which the privilege has been received, (gener- 
 ally — it may be presumed — that which is nearest in locality) 
 — although precluded by distance, or other lawful cause, from 
 giving regular attendance on the weekly ministrations of the 
 Sanctuary; this participation in the privileges of the 
 Church being always understood to imply also the obligation 
 to conform to the ordinary rules of the Church, and respon- 
 sibility to its tribunals. 
 
 34. Legislative Act respecting the Union of certain 
 Presbyterian Churches therein named. 
 
 "Whereas the Mmlerators of the Synods of the "Presbyterian 
 Church of Canada," and the " United Presbyterian Church in 
 Canada" respectively, by and with the authority of such Sy- 
 nods, have, by their petition, stated, that the Presbyterian 
 
FORMS. 
 
 139 
 
 i^ I 
 
 Church of Canada and the United Presbyterian Church in 
 Canada have agreed to unite together and form one body or 
 denomination of Christians under the name of " The Canada 
 Presbyterian Church ;" And for the furtherance of this 
 their purpose and to remove any obstruction to such Union, 
 which may arise out of the present form and designation of 
 the several trusts or Acts of Incorporation by wliich the 
 property of the said Churches and of the several Congrega- 
 tions connected with the said Churches respectively, are held 
 and administered or otherwise, and for the better adminis- 
 teration of the said Trusts, the said Petitioners have prayed 
 for certain Legislative provisions to be made in reference to 
 the property of the said Churches and other matters affect- 
 ing the same in view of such Union -, Therefore, Her Majes- 
 ty, by and with the advice and consent of the Legislative 
 Council and Assembly of Canada, . nacts as follows : — 
 
 1. As soon as the said Union takes place, all property, 
 real, or personal, now belonging to, or held in trust for, or to 
 the use of any Congregation in connection or communion 
 with either of the said existing Churches, may thenceforth 
 be held, used and administered for the benefit of the same 
 congregation in connection or communion with the united 
 Body, under tlie name of the Canada Presbyterian Church 
 or any other name the said Church msiy adopt. 
 
 2. Provided always, that where the Tnist Deed or con- 
 veyance under whicli any property is held by or for the use 
 of, or in trust for any congregation in connection or com- 
 munion with either of the said existing Churches, sufficiently 
 provides for the case of such a union as that agreed upon 
 as aforesaid, and stipulates for any consent thereto by such 
 congregation or the members or adherents thereof, or by any 
 specified proportion of such congregation or the members or 
 adherents thereof, nothing in this Act shall be construed to 
 affect the right of such congregation or the men^bers and ad- 
 herents thereof, in such behalf. 
 
 3. The names of " the Presbyterian Church of Canada" 
 and " United Presbyterian Synod in Canada" (the latter being 
 the said L^nited Presbyterian Church in Canada) mentioned 
 
uo 
 
 FORMS. 
 
 in the Act of the Provincial Parliament, sixteenth Victoria, 
 chapter two hundred and sixteen, and intituled : An Act for 
 the relief of the Presbyttrian Church of Canada as regards 
 the keeping of Registers of BaptismSy Marriages^ and Buri- 
 als in Lower Canadaj" shall be taken and understood respec- 
 tively to apply to the said united Body as soon as it shall 
 have been formed, and all the provisions of the said Act, 
 and all other Acts of the Provincial Parliament applicable 
 to the said Churches respectively, whether in Lower Canada 
 or in Upper Canada, shall equally apply to the said united 
 Church so soon as the said intended union shall have been 
 effected. 
 
 4. For the relief of certain of the said congregations so 
 in connection or communion with the Churches aforesaid in 
 this Province, whose Deeds of Trust heretofore executed, or 
 Acts of incorporation heretofore obtained, made no provisions 
 for the filling up from time to time of trusteeships vacant by 
 drath, removal from the Province, or resignation of Trustees, 
 and whoso property is held under a conveyance to the Trus- 
 tees and their heirs, or to the Trustees and their successors 
 or otherwise, any such congregation may, from time to time, 
 meet together, upon notice by the Minister, from the pidpit, 
 or at the requisition in writing, of any ten pei'sons^ entitled 
 to vote as hereinafter mentioned, (notice of tho day, hour 
 and place of such meeting, in either case, being first publicly 
 made in the church or place of meeting for public wor- 
 ship on two Sabbath days next before such meeting shall be 
 held,) then and there by a majority of those present, and 
 entitled to vote, to elect and appoint new trustees in the 
 room of such trustees as shall have removed from the Pro- 
 vince, resigned, or died, and thereupon the property of the 
 congregation shall ipso facto become vested in such newly 
 elected Trustees, and their successors to be appointed as 
 aforesaid shall have full power and authority to hold and 
 administer the trust or corporate prop rty of suoh congrega- 
 tion ; Provided, always, that the said n nrly elected trustees 
 shall be members in communion with the said united body, 
 
 -L 
 
FORMS. 
 
 Ul 
 
 and those entitled to vote, where there is no provision on 
 the subject as aforesaid, shall be all persons -who are mem- 
 bers in communion with the said congregation and Church. 
 6. In case of deeds made to Trustees for a congregation 
 in connection or communion with either of the said Churches 
 more than twelve months ago, but not registered within 
 twelve months after the execution thereof, such deeds shall 
 nevertheless be valid if they have been registered before the 
 passing of 'this Act ; or if the same be registered within three 
 months after the passing of this Act.; but this enactment shall 
 not give effect to such deeds against subsequent purchasers or 
 mortgagees for valuable consideration without notice, who 
 have registered or shall register their conveyances or mort- 
 gages before the registration of the said deeds to Trustees. 
 
 6. Conveyances heretofore made in Upper Canada to 
 trustees and their successors for the use of a congregation in 
 connection or communion ^vith either of the said chuiches, 
 shall be deemed valid conveyances in fee, notwithstanding 
 that the heirs of the trustees are not named, and notwith- 
 standing that the manner of appointing successors is not pro- 
 vided in such conveyances. 
 
 7. Trustees or other administrator of corporate or trust 
 property of any congregation in connection or communion 
 with the said united Body may, with the consent of the 
 congregation, or of a majority present of those entitled to 
 vote at a meeting convened to consider the matter (as pro- 
 vided either by their trust deeds, or by section number lour 
 of this Act, for the election of trustees in case of vacancies, 
 as the case may be) mortgage, sell, or exchange any real estate 
 belonging to, or holden for the use, or in trust for the said con- 
 gregation for the purpose of repairing or securing the debt on any 
 building thereon erected, or of erecting other or more suitable 
 churches, manses, or glebes, or schools, in anyother locality that 
 they may deem best, or of purchasing other and more suitable 
 churches, manses, glebes, or schools ; provided, nevertheless, 
 that such mortgage, sale or exchange, be firat sanctioned by 
 the Presbytery under whose care such congregation is placed, 
 and not otherwise, and provided further, that in Upper 
 
142 
 
 FORMS. 
 
 Canada this clause shall only apply where the Deed of Trust 
 or Act of Incorpomtion contains no provision for mortgag- 
 ing, selling, or exchanging for the purpose for which such 
 mortgage, sale, or exchange is desired. 
 
 8. All other property, real or personal, belonging to or 
 held in trust for the use of either of the said Churches, 
 cither generally or for any special purpose or subject, shall 
 from the time the contemplated union takes place, and 
 thenceforth belong to, and be held in trust for, arid to the 
 use in like manner of the united Body. 
 
 9. But all such property, real or peraonal, as is aifected by 
 this Act, shall in all respects, save as aforesaid, be held and 
 administered as nearly as may be in the same manner and 
 subject to the same conditions as provided by the Deeds of 
 Trust, Acts of Incorporation, or other instruments, or au- 
 thority under which the same is now held or administered. 
 
 10. Provided always, that nothing in the present Act con- 
 tained shall be construed to impair or in any manner affect 
 any rights or claims of the Church of Scotland or of the 
 Presbyterian Church of Canada in connection with the 
 Church of Scotland, or any Congregation or any number of 
 adherents of any congregation of the said Presbyterian 
 Church of Canada in connection with the Church of Scot- 
 land, to property acquired before the formation of the Synod 
 of the Presbyterian Church of Canada, or to any other pro- 
 perty whatsoever 
 
 11. This Act shall be deemed a Public Act. 
 
 35. Model Trust Deed for Canada West. 
 
 $hi$ Indenturie, made the day of 
 
 One thousand Eight Hundred and , 
 
 in pursuance of the act to facilitate the Conveyance of Real 
 Property, Between 
 
 of the first part, 
 of the second part ; 
 
 of the third part ; and Wife of the said party 
 
 of the first part, of the fourth part. 
 
 „ 
 
FORMS. 
 
 14a 
 
 tag- 
 
 or 
 
 iea$ the 
 
 are a Eeligious Congregation of Presby- 
 terians in connection with the Canada Presbyterian Church : 
 j^nd ^her^eas the said Congregation desire to take a con- 
 veyance of the lands hereinafter mentioned, under the provi- 
 sions of the Act respecting the property of Religious Insti- 
 tutions in Upper Canada, being Chapter sixty-nine of the 
 Consolidated Statutes of Upper Canada, and subject also to 
 the provisions of the Act passed in the twenty-fourth year of 
 Her Majesty's reign, entitled "An Act respecting the 
 Union of certain Presbyterian Churches therein named :" — 
 And Whereas the said Congregation have appointed 
 as Trustees, to whom and their sucessors, to be appointed in 
 the manner hereinafter specified, the said lands may be 
 conveyed, and who may take, hold and possess the same by 
 the said name of 
 
 under the provisions of the said Acts. 
 Now THIS Indenture Witnesseth that in consideration 
 of now 
 
 paid by the said parties of the third part to the said party 
 of the first pait, the receipt whereof he doth acknowledge, 
 he the said party of the first part doth grant unto the said 
 party of tlie second part, his lieirs and assigns for ever, ALL 
 AND SINGULAR. 
 
 To Have and to Hold the said lands to the said party of 
 the second part, his heirs and assigns, to the use of the said 
 parties of the third part, their successoi-s and assigns, UPON 
 THE TRUSTS hereinafter expressed and declared, and so 
 long as the said Congregation shall continue to exist as a 
 Congregation in connection with the Canada Presbyterian 
 Church, and the said parties of the third part or their suc- 
 cessors shall not have sold or conveyed the said lands under 
 some power legally vested in them. BUT if the said Con- 
 gregfition shall cease to exist as a congregation in connection 
 with the Canada Presbyterian Church, without the said 
 lands having been so sold or conveyed, THEN TO HAVE 
 AND TO HOLD the same from such time as the said Con- 
 
U4 
 
 FORMS. 
 
 gregation shall cease to exist, to the said party of the second 
 part, his heirs and assigns, to the use of such person or per- 
 sons, and his or their heirs and assigns, or of such hody 
 corporate, and their successor and assigns, as the Synod or 
 other Supreme Court of the Canada Presbyterian Church 
 shall appoint by resolution, duly passed at a regular meeting, 
 and certified in their minutes under the hand of the Modera- 
 tor or presiding officer, and upon such trusts, for such uses 
 and with such powers as shall be expressed and declared in 
 such resolution. 
 
 And the said party of the first part covenants with the 
 said party of the second part, that he has the right to convey 
 the said lands to the said party of the second part, notwith- 
 standing any act of the said party of the first part : And 
 that the said party of the second part shall have quiet pos- 
 session of the said lands, free from all incumbrances : And 
 that the said party of the first part will produce the title 
 deeds enumerated hereunder, and allow copies to be made ot 
 them at the expense of the said party of the second part : 
 And that he, the said party of the first part, has done no act 
 to encumber the said lands : And that he will execute such 
 further assurances of the said lands as may be requisite. 
 
 And the said party of the fourth part hereby bars her 
 dower in the said lands. 
 
 And it is hereby Declared that the said parties of the 
 third part, and their successors, shall hold the said lands for 
 the sole use and benefit of the said Congregation ; as well as 
 for the site of a Church or Meeting House, Burial Ground 
 and residence for the Minister (as the said Congregation may 
 direct) as for the support and maintenance of public worship, 
 and the propagation of Christian knowledge, according to 
 the doctrines, discipline and modes of worship of the said 
 Canada Presbyterian Church. 
 
 And upon further trust that the said parties of the third 
 part, and their successors, shall and will, well and truly obey, 
 perform and fulfil, and permit and suffer to be obeyed, per- 
 formed and fulfilled, with respect to the said lands, and to 
 
FORMS. 
 
 145 
 
 any Church or other building or buildings now erected, or to 
 be erected, upon the said lands, or to any Burial Ground, 
 if the said lands or any part thereof shall be used as a Burial 
 Ground, the lawful orders of and directions of, respectively, 
 the said Congregation, the Deacons' Court, if any, the Kirk 
 Session of the said Congregation, the Presbytery within 
 whose bounds and under whose insj^ection and ecclesiastical 
 jurisdiction the said Congregation shall from time to time be, 
 and the Synod or other Supreme Court of the Canada Presby- 
 terian Church, whether under its present name or any other 
 name it may from time to time hereafter assume ; Provided 
 that, and so far only as, such orders and directions are and 
 shall be within the scope of the authority of such persons 
 and bodies respectively, according to the laws, customs, and 
 usages of the said Church. 
 
 And with respect to the election and appointment 
 OP Successors to the said parties of the third part, it is 
 hereby declared that a general meeting of the said Congrega- 
 tion shall be held on the , in the year one thou- 
 sand eight hundred and , and on the 
 in every fifth year thereafter ; and shall be called by a writ- 
 ten notice, read to the Congregation at the close of Divine 
 service, on each of the two next preceding Sabbaths, by the 
 officiating minister or other person appointed to read the 
 same ; but if, from any cause, the meeting shall not be held 
 on that day, then it shall be called in like manner for some 
 other day, at the request ot the Trustees, or of seven mem- 
 bers of the Congregation in full communion ; and any such 
 meeting may be adjourned as occasion shall require : 
 and at such regular or adjourned meeting the said Congre- 
 gation shall elect and appoint Trustees by the 
 votes of the majority of the members of the Congregation in 
 full communion then present : such Trustees to be members 
 of the Canada Presbyterian Chuch in full communion. And 
 it is hereby further declared that the said parties of the 
 third part, and each Board of Trustees to be appointed there- 
 under, shall respectively hold oflflce until the appointment of 
 10 
 
146 
 
 FOIIMH. 
 
 their successors, except in case of death, resignation, or 
 ceasing to be a member of the Canada Presbyterian Church, 
 in full communion ; and that in case any Trustee shall, dur- 
 ing his term of office, die, resign, or cease to be a member 
 of the Canada Presbyterian Church in full communion, the 
 remaining Trustees shall have all the powers of the full 
 Board ; and shall, for all purposes of these presents, consti- 
 tute the Trustees of the said Congregation ; unless the Con- 
 gregation shall think lit to ap])oint a new Trustee or new 
 Trustees in the place of any Tiustee ur Trustees so dying, 
 resigning, or ceasing to be a member or members of the Canada 
 Presbyterian Church in full communion : But the said Con- 
 gregation may, at any special meeting called by written 
 notice, read to the Congregation by the officiating minister, 
 or other person appointed to read the same, at the close of 
 Divine service on each of the two next preceding Sabbaths, 
 which notice shall be given at the request of the remaining 
 Trustees or of any seven members of the Congregation in 
 full communion, appoint by the votes of a majority of the 
 members of the Congregation in full communion then pre- 
 sent, a new Trustee or new Trustees, to fill, for the rep' iue 
 of such tenn of office, any vacancy or vacancies jd as 
 
 aforesaid. 
 
 And it is hereby further declared that a ..linutr of 
 every such election or appointment, whether made at reg ilar 
 meeting, or at any adjourned or special meeting, shall be 
 entered in a book to be kept for the purpose, and shall be 
 signed by the person who presides at the meeting ; and such 
 minutes, so signed, shall, for all purposes connected with 
 these presents, be sufficient evidence of the fact that the 
 persons therein named were elected and appointed at such 
 meeting ; but the omission or neglect to make or sign such 
 minutes, shall not invalidate the election or appointment. 
 
 And it is hereby further declared that in case at anv 
 time all the Trustees shall have die4, resigned, or ceased to 
 be members of the Canada Presbyterian Church in full com- 
 munion, so that there shall be no remaining Trustee, it shall 
 
 <3 
 
FORMS. 
 
 147 
 
 i 
 
 be lawful for the Presbytery ■vf ithin whose bounds and under 
 whose jurisdiction the said C'ongregation shall be, to cause 
 notice to be given from the pulpit at each diet of worshii) oil 
 two consecutive Sabbaths, requiring the said Congregation 
 to proceed to the appointment of now Trustees : And if the 
 said Congregation shall not in the meantime have appoint- 
 ed new Trustees in the manner hereinbefore provided, it 
 shall be lawful for the said Presbytery, after four weeks from 
 the last giving of such notice, to appoint new Trustees to act 
 for the residue of the then current term of office; every such 
 appointment to be made by resolution duly entered in the 
 minutes of the Presbytery, and communicated to the Con- 
 gregation by notice from the pulpit ; and the Trustees so 
 appointed shall, from the time of communication of their 
 appointment to the Congregation, be the Trustees for the 
 residue of such term of office for the purposes of these pre- 
 sents. 
 
 In witness whereof, the said parties of the first, second, 
 and fourth parts have hereto set their hands and seals, and 
 the said parties of the third part have hereto set their com- 
 mon seal. 
 
 Signed, Sealed and Delivered 
 in the j^resence of 
 
 Received 07i the day of the date of the above Indenture 
 the sum of being the fidl consideration 
 
 therein mentioned. 
 
 "Witness : 
 
 At a Meeting of the Congregation within mentioned^ held 
 at on the day of A.D.y 
 
 the folio 10 ing resolution was adojyted by the Congregation: 
 
 " Resolved that the Deed between of the first 
 
 part of the second part of the 
 
 third party and " of the fourth part, having been 
 
 submitted to this Congregation, they do herel/y express their 
 approval of the same, and do direct that this resolution, sign- 
 ed by on their behalf, be endorsed on the said 
 Deed." 
 
1 
 
 ! 
 
 148 
 
 FORMS. 
 
 County 
 
 To Wit j make oath and say as follows : 
 
 1. My name, place of residence, and occupation or call- 
 ing are above set forth in full. 
 
 2. I was present and saw the within Indenture, together 
 with a Duplicate thereof, duly executed by the therein 
 named 
 
 3. The said Indenture and Duj^licate were so executed 
 at 
 
 4. I knew the said 
 
 5. I am a witness to the said Indentir a and Duplicate. 
 Sworn before me, at the of in the 
 County of this day of 
 A.D,18 
 
 A Commissioner for taking Affidavits 
 in the County of 
 
 36. Model Trust Deed for Canada East. 
 
 On this day of one thousand eight hun- 
 
 dred and Before the undersigned public notaries, 
 
 duly commissioned and sworn in and for that part of the 
 Province of Canada, heretofore constituting the Province of 
 Lower Canada residing in the city of in the said 
 
 Province. 
 
 Personally came ami appeared (the Vendor) 
 of the Ji7'st part and {the Trustees) of the second 
 
 part, which said parties declar(id unto us said notaries that 
 
 Whereas the Congregation of Church at 
 
 are a religious congregation of Presbyterians in 
 connection with the Canada Presbyterian Church. 
 
 And whereas the said congregation desire to take a con- 
 veyance of the lands hereinafter mentioned and for that pur- 
 pose (as appears by the minute of appointment hereto an- 
 nexed), have, pursuant to the Act respecting land held by 
 religious Congregations, being chapter nineteen of the Consol- 
 
FORMS. 
 
 149 
 
 •m^ 
 
 idated Statutes for Lower Canada, appointed the parties of 
 the second part Trustees to take such conveyance under the 
 provisions of the said Act, and subject also to the provisions 
 of Act passed in the twenty-fourth year of her Majesty's 
 reign, intituled " An Act respecting the Union of certain 
 Presbyterian Churches therein named," and to hold and 
 possess the same to themselves and their successors by the 
 name of " The Trustees of church at 
 
 " under the provisions of the said acts. 
 
 Now THESE PRESENTS and we the said notaries witness that 
 the said party of the first part, hath bargained, sold, assign- 
 ed and made over, and by these presents doth bargain, sell 
 assign and make over, from henceforth and forever, 
 with promise of warranty against all gifts, dowers, mort- 
 gages, substitutions, alienalions, disturbances and other 
 hindrances whatsoever, to the said parties of the second part 
 here present and accepting thereof for themselves and their 
 successors for ever, all that description of land, &c., with all 
 and every the members and appurtenances thereunto belong- 
 ing without any reservation on the pait of the said vendor 
 who is lawfully seized thereof in virtue of good and sufficient 
 Title deeds having acquired the same from 
 by virtue of a deed of sale passed before 
 and colleague notaries public, bearing date 
 
 The aforesaid premises formerly depending of the Seig- 
 niory of but are now held by the 
 tenuie oi franc aleu roturier having been commuted by deed 
 passed before and colleague notaries 
 public, bearing date and are fret 
 and clear (franc et qintte) of all and every other charge, 
 burden and incumbrance, as the vendor now hereby declares. 
 
 To have, hold, use and enjoy the aforesaid and premises 
 hereinbefore gold and transferred or intended so to be with 
 all and every their rights, members, and appurtenances unto 
 the said parties of the second part, and their successors for 
 ever as their own proper freehold for ever by virtue of these 
 presents, and to enter upon and take possession of the same 
 forthwith. 
 
150 
 
 FORMS. 
 
 The present bargain and sale is so made in manner afore- 
 said and for and in consideration of the sum of 
 currency of Canada, which the said vendor acknowledges to 
 have liad and received from the parties of the second part in 
 good and lawful money at the passing of these presents 
 whereof quit. 
 
 And it is hereby declared that the said parties of the 
 second part and their successors shall hold the said lands for 
 the sole use and benefit of the said Congregation as well for 
 the site of a Church, Chapel tJr School House, Burial Ground 
 and residence for the Minister (as the said Congregation may 
 direct, as for the support and maintenance of Public Worship 
 and the propagation of Christian Knowledge, according to 
 the Doctrines, Discipline and Modes of Worship of the 
 SAID Canada Presbyterian C»urch. 
 
 And upon further trust, etc., {add clause (4) in preceding 
 deed, suhstitnting " second part" fui' " tliird part.'') 
 
 And with Respect to, etc., (add clause (5) in preceding 
 deed, suhstitutiag "second part" for "third part.") 
 
 {After clause jive of preceding deed add as follows:) 
 
 And at the passing of these presents intervened 
 
 wife of the said vendor, and by him for the 
 purposes hereof especially authorized, who as well on behalf 
 of herself as of all and every the children and child born or 
 to be born issue of her marriage Avith the said 
 
 doth hereby renounce all dower, right and 
 title of dower or other marital claim in or upon the premi- 
 ses in favour of the parties of the second part their successors 
 and assigns. 
 
 And in considera.:ion of the premises, the said vendor doth 
 hereby transfer and set over to the parties of the second part 
 all right of property, claim, title, interest, demand, seizin, pos- 
 session and other rights whatsoever which the said 
 vendor can have demand or pretend in or upon the aforesaid 
 hereby bargained and sold premises, of which he hereby 
 divests himself in favour of the parties of the second part 
 
■1 
 
 FORMS. 
 
 151 
 
 fore- 
 
 •r 
 
 their successors a;iid assigns consenting and agreeing that they 
 be and remain seized and invested with the full and entire 
 possession thereof as of right ; and for that purpose hereby 
 constituting the hearer of these presents their attorney to 
 whom all necessary power and authority to that affect is 
 hereby given and granted. For thus, &c. 
 
 And for the enregistration of these presents, when and 
 where necessary, the parties have constituted the bearer of an 
 authentic copy thereof their attorney, to whom they give all 
 necessary power in that behalf. 
 
 And for the due execution of these presents and of every 
 the premises the said parties have elected domicile at their 
 respective places of abode above mentioned, where, &c., not- 
 withstanding, &c., promising, &c., obliging, &c., renouncing, 
 &c. 
 
 Done and passed at the said city of 
 in the office of one of the said notaries, on the 
 
 day ?Jid year first above written under the number 
 
 and signed by the par- 
 ties hereto in the presence of us said notaries also hereunto 
 subscribing, by one of whom these presents were first duly 
 read to the said parties. 
 
 37. Memoranda regaiiding Trust Deeds. 
 
 The Acts regulating the holding of real estate by Churches in 
 Upper Canada, are chapter 69, Consolidated Statutes, U. C, 
 intituled " An Act respecting the property of religious insti- 
 tutions in U. C." ; and 24 Vict., cap. 124, being "An Act 
 respecing the union of certain Presbyterian Churches there- 
 in named. In Lower Canada the Acts are Chapter 19 Con- 
 solidated Statutes of L. C, intituled "An Act respecting 
 lands held bv Religious Congregations ;" and the aforesaid 
 24 Vict., cap." 124. 
 
 In order to the acquisition of real estate under these Acts, 
 the following directions may be useful : 
 
 1. Let a meeting of the Congregation be publicly summon- 
 ed. 
 
152 
 
 FORMS. 
 
 2. At such meeting let Trustees be app'ointed and the 
 name adopted by which such Trustees are to be known ; any- 
 convenient name may be assumed. 
 
 3. Let a minute of such appointment be drawn out and 
 signed by the chairman of the said meeting and inscribed in 
 a proper book. The form may be as follows : 
 
 At and within there, this day of 
 
 one thousand eight hundred and the congrega- 
 
 tion of met, and was opened with prayer. Mr. CD. 
 
 was appointed chairman, and Mr. M. N. clerk. 
 
 The chairman stated that the object of meeting was for 
 the purpose of electing Trustees to take a conveyance of land 
 for the uses of the Congregation. 
 
 Whereupon it was resolved that the number of Trustees 
 shall be and that Messrs. 
 
 be the Trustees for the ensuing year, and to hold office until 
 their successors are elected ; that further, the name by which 
 they shall be known sliall be the Trustees of Church. 
 
 Kesolved, also, that th3 Model Trust Deed now submitted 
 to the congregation be hereby approved of, and the above 
 Trustees authorized to execute the same. 
 
 C. D., Chairman 
 
 N. B. For U. C, adopt the endorsement which will be 
 found at the end of the deed for that Province, but for L. 
 C. a certified copy of the above minute had better be ap- 
 pended to the deed itself and registered along with it. 
 
 4. In U. C. the Deed may be signed and sealed before 
 witnesses, but in L. C. it must be passed before a regular 
 notary. 
 
 5. In IT. C. the Deed to be valid must be registered with- 
 in twelve months after the execution ; in L. C. the Act re- 
 quires that it be registered within two years. 
 
 6. The proceedings to acquire, sell, mortgage, or exchange 
 lands should always be conducted under competent legal ad- 
 vice. 
 
 7. Copies of the Model Trust Deed for either Province, 
 printed on large paper, with blanks to be filled up, can be 
 
 \ I 
 
1 
 
 FORMS. 
 
 153 
 
 Obtained by congregations from the Rev. Wm. Beid, at the 
 office of the Church, Toronto. -.v^f^rthn 
 
 8. Churches whose Trust Deed make no Provision for the 
 succession of the Trustees are directed to the Union A«* 
 in this Appendix for instructions how to proceed in this 
 
 ""t'Lstead of "Upper Canada" and " Lower Ma ;; 
 " the Province of Ontario " and " the Province of Quebec, 
 respectively, should be used. 
 
GLOSSARY 
 
 OF 
 
 LEGAL TERMS AND LATIN PHRASES USED IN 
 
 CHURCH LAW. 
 
 -<>o>«=I<x^- 
 
 Ab initio. 
 
 Acquiescence. 
 
 Ad vitam, aut culpam. 
 
 Appellant. 
 
 Apud acta. 
 
 Assessor. 
 
 from the beginning. 
 
 legal assent to judgment of a Court. 
 
 for life, or until fault committed. 
 
 one who appeals. 
 
 at or in face of the proceedings ; a citation 
 
 apud acta is a personal citation to the 
 
 party then present, 
 a person empowered to sit with and assist 
 
 the members of a Court. 
 
 Bona fide. 
 
 in good faith — truly. 
 
 Citation. 
 
 a summons to attend. 
 
 Co-ordinate. 
 
 of equal authority. 
 
 Coram. 
 
 in presence of. 
 
 Corpus delicti. 
 
 the substantial proof of an offence or crime. 
 
 Cum nota. 
 
 with reservation. 
 
 Cum periculo. 
 
 at personal risk. 
 
 Curriculum. 
 
 appointed course of study. ' 
 
 De facto. 
 
 according to fact— truly. ^ 
 
 De fideli. 
 
 ■ faithfully. 
 
 De piano. 
 
 straightway — at once. 
 
 De presend. 
 
 presenliy. 
 
 Defunct. 
 
 powerless to act — dead. 
 
 Delict. 
 
 a fa 'lit — neglect of duty. 
 
 Deliverance. 
 
 formal judgnient of a Court. 
 
GLOSSARY. 
 
 155 
 
 
 tion 
 the 
 
 ;sist 
 
 me. 
 
 1 
 
 Emeritus. 
 Exempli gratia. 
 Extracts. 
 
 Exfacie. 
 Ex gratia. 
 Ex officio. 
 Ex propria motu. 
 
 Fama. 
 
 Fama clamosa. 
 
 Infra. 
 Instanter. 
 Interim. 
 
 Ipsissimis verbis. 
 Ipso facto. 
 Ipso jure. 
 I. e. Id. est. 
 In articulo mortis. 
 In hoc statu. 
 In hunc effectum. 
 In mundo. 
 In retentis. 
 In toto. 
 
 Locus standi. 
 Mala fide. 
 Onus prohandi. 
 
 Pari passu. 
 
 Passim. 
 
 Precognition. 
 
 Pro. 
 
 Pro bono ecclesix. 
 
 Pro rata. 
 
 entitled to honor. 
 
 for example. 
 
 so much of minutes of a Court as refers to 
 
 a particular business, 
 on the face of it— openly— at first look, 
 as matter of favor, 
 in virtue of office held, 
 of his own accord. 
 
 report of scandal, 
 aggravated report of scandal. 
 
 below — afterward. 
 
 immediately. 
 
 in the meantime. 
 
 in the very words. 
 
 by the very deed. 
 
 by the law itself. 
 
 that is. 
 
 in the act of death. 
 
 in present state of matters. 
 
 for a special purpose. 
 
 cleanly written out. 
 
 to be kept or preserved— papers retained. 
 
 wholly— entirely. 
 
 place of standing— right to appear. 
 
 in bad faith — dishonestly. 
 
 burden of proving. 
 
 on a footing of equality. 
 
 everywhere. 
 
 hearing what witness has to say, previously 
 
 to citing, 
 for another. 
 
 for good of the Church, 
 proportfonally. 
 
156 
 
 GLOSSARY. 
 
 Pro re nata. 
 Pro tanto. 
 Pro tempore. 
 Purgation. 
 
 Qua. 
 
 Quam primum. 
 Quoad civilia. 
 Quoad sacra. 
 Quoad ultra. 
 Quorum. 
 
 Q. V. Quod vide. 
 Respondent. 
 
 Resgestse. 
 Res judicata. 
 
 Sederunt. 
 Simpliciter. 
 Sine die. 
 Sine mora. 
 Sine qua non. 
 Sist parties at bar. 
 Sist procedure. 
 Status. 
 Strieti juris. 
 Sua sponte. 
 Suo nomine. 
 Supra. 
 
 Take instruments. 
 
 Ultra vires. 
 Viva voce. 
 
 for an emergency. 
 
 as far as it got s. 
 
 for the time. 
 
 removal of anything affecting the character. 
 
 by which — as, or in the character of. 
 
 as soon as possible — among the first. 
 
 as regards civil matters. 
 
 as regards sacred matters. 
 
 as regards, further steps. 
 
 number required to constitute a valid meet- 
 ing. 
 
 which see — something to be examined. 
 
 one who must reply to an appeal or com- 
 plaint. 
 
 what has taken place. 
 
 a thing adjudged or settled. 
 
 present. 
 
 simply — without remark. 
 
 without any fixed time — indefinitely. 
 
 without delay. 
 
 essential. 
 
 place them at the bar, or open proceedings. 
 
 stay proceedings. 
 
 standing or position. 
 
 strictly interpreted, or in strict law. 
 
 of his own will. 
 
 in one's own name. 
 
 above. 
 
 formally tendering a piece of money to the 
 Clerk of Court for extracts, generally 
 with a view to complain or appeal. 
 
 out of one's power to do. 
 
 by the voice — not written. 
 
 i; 
 
ler. 
 
 INDEX. 
 
 -M^^g^^fiHT 
 
 bet- 
 
 na- 
 
 Acadcniical year, 90. 
 
 Act (Legislative) of Union, 138. 
 
 Adherence to a call. Form, 108. i 
 
 Adherents may n\gn concurrence to call, 51. 
 
 Admonition, what, and how administered, 67. 
 
 Aged and infirm Ministers' fund, 132. 
 
 Appeals, procedure in, 28. 
 
 Assembly (General) Constitution of, 12, 132— composition of, 12, 133— quorum, 13 
 — Sederunts, 13, 15— Procedure at meetings, 14, 121 — Moderator of, 14, 18, 39 
 — Committees of, 15, 19, 121— appoints Treasurer to Widows' fund, 130 —powers 
 of, 13 — decisions final, 19— an open Court, 19. 
 
 Attestation of a call. Form, 108. 
 
 gs. 
 
 EG (£ 
 
 he 
 
 lly 
 
 Baptism, declaratory act on, 135- may be withheld in certain cases, 137— when 
 
 allowable in private, 138. 
 Barrier Act, its effect, 33. j 
 
 Basis of Union, ix. 
 
 Bills and Overtures, committee on, 15, 121. 
 Boards of Examiners, 103. 
 
 Call to a minister, how made, 51— Forms of, 107, 108— how attested, 52— penaltj 
 
 for unduly obtaining, 53. 
 Censure, (Church) nature of, and when administered, 67 — restoration from, 88. 
 Certificate of membership. Fonn, 120. 
 
 (student's), 99, 105. 
 
 Charges, how brought, 70. 
 
 Church privileges, 37— sites, Presbytery to be consulted, 37. 
 
 Citation, Form of, 116— in case of translation. Form, 110— of parties in trials, 86— 
 
 refusal to obey, 86. 
 Communion Roll, 5. 
 
 Concurrence of adherents. Form of, 108. 
 
 Congregations, how formed, 35— supplemented, 125— citation of, 86. 
 Congregational meetings, procedure, 38, 40— to call a minister, 50 —appeals from 
 
 decisions of, 46— property, how held, 139~Rulo.s, Model, 43. 
 Court, (Church) its signification, 1 — citation of, 87. 
 Curriculum, Knox College, 100. 
 
158 
 
 INDEX. 
 
 Deacons, ordination of, 26— duties of, 42— charges against, 76. 
 
 Declaration of vacant charge. Form, 110. 
 
 Decisions of Courts, reasons to be given, 81. 
 
 Deed of Chv.rch property, Models, 142, 148. 
 
 Deposition from office, 68— Form of, 110. 
 
 Discipline, (Church) grounds of, 66— subjects of, 66— ends of, 66 — niles for exercise 
 
 of, 69— refusal to submit to, 88. 
 Disjunction of members, 39 -not granted under discipline, 70. 
 Disputes in congregations, how dealt with, 80. 
 Dissent from decisions, how made, 28— and appeal, reasons to be given, 80— to be 
 
 made at once, 122. 
 
 Edict for ordination of Elders, 63— for ordination of Minister. Form, 109. 
 
 Elders, how chosen, 61, 63— in new congregations, 36 — ordination of, 25, 63— induc- 
 tion of previously ordained, 64 — powers and duties of, 5— term of office, 64— 
 before whom, charges against brought, 75 — commission. Form, 113. 
 
 Eldership, additions to, during vacancy, 64. 
 
 Evidence, who may give, 81— how taken, 81— to be recorded, 82. 
 
 Examiners, Boards of, 103. 
 
 Excommunication, its nature and object, 64. 
 
 J 
 
 Financial affairs of congregations, 41. 
 
 Formula for ordination of Deacons, 26— of Elders, 26— of Ministers, 23— of Mis- 
 sionaries, 110. 
 ■ to be signed, 26 — by Professors, 98. 
 
 Hamilton, Synod of, how composed, 134. ■• 
 
 Heresy, how dealt with, 79. 
 Home Mission, regulations, 124. 
 
 Induction of Minister, procedure at, 59. 
 Infinn Ministers' Fund, 132. 
 Intimation of moderating in a call, 107. 
 
 Knox College, Act of Incorporation, 90 — doctrines taught at, 94— government and 
 administration of, 95— Board of Management, 96 — Senate, 97— Principal of, 97. 
 
 Libel, nature of, 78 — Forms of, 114, 115 — copy to be served, 85— order of Presby- 
 tery on. Form, 116. 
 Legislative Act of Union, 138. 
 Licentiates, admission of from other churches, 20. 
 London Synod, how composed, 135. 
 
 Members, (Church) rights of, 32, 37, 38— complaints against, 38— bound to be wit- 
 nesses, 71. 
 Membership, admission to, 4, 37— certificate of, 5, 39 — Form of, 120— Roll of, 6. 
 
INDEX. 
 
 159 
 
 4 
 
 use 
 
 be 
 
 luc- 
 J4— 
 
 J 
 
 Mis- 
 
 b and 
 f,97. 
 
 esby- 
 
 R. 
 
 I wit- 
 
 Memorial to Church Courts, 3i— Form of, 119. 
 
 Minister, settlement of, 63— Call to a, 51— new congregation, 36— translation of, 65 
 
 — admission of, from other churches, 20 —ordination of, 23 — charges against, 4, 
 
 75 — restoration of, 89. 
 Ministers' (Aged) Fund, 132. 
 Mission (Home) regulations, 124. 
 
 Stations, regulations anent, 124. 
 
 Missionaries, ordination of, 60— Formula for, 110. 
 
 Model Trust Deed, 142, 148. 
 
 Moderation of calls, 49. 
 
 Moderator of Assembly, how elected, 123. 
 
 Montreal College, 101. 
 
 Synod of, how composed, 134. ' 
 
 Oath -to be taken by witnesses, 82— Form of, 117— of purgation. Form of, 117. 
 
 Office-bearers, rules for trial of, 76— how restored, 88. 
 
 Office, suspension from, 68. 
 
 Ordination trials, 57— Formula, 23— of Missionaries. Formula, 110. 
 
 Ordinations, procedure at, 67. 
 
 Orphans* (Widows' and) Fund, 129. 
 
 Orertures, how originated, 33 — Form of, 118— from Sessions, 3— Presbyteries, 6. 
 
 Committee on Bills and, 15. 
 
 Petitions to Church Courts, 32— Form of, 119. 
 
 Pleadings, how conducted, 18. 
 
 Precentor, how chosen, 41— subject to Session, 41. 
 
 Presbyterial visitation, 9, 80. 
 
 certificate. Form of, 113— to student. Form of, 120. 
 
 Presbytery, its constitution, 6— its powers and duties, 6— Moderator of, 7— Clerk 
 of, 7— representation in Assembly, 133— quorum of, 7— meetings, when held, 
 8, 10 — procedure, 7— Roll of, 9)— pro re nata meetings, 9 — minutes to be 
 submitted to Synod, 10— Records, regulations anent, 123— corresponding mem- 
 bers of, 10— complaints agamst, 10— may be cited by Synod, 87— Clerks to send 
 certified Rolls to Synod, 135 — procedure in calls, 52 — in translations, 55 — duty 
 of in regard to calls, 49 -cases of farna, 76 — of libel, 77— in reference to Widows* 
 Fund, 130, 131— (New) how formed, 6. 
 
 Probationers, who considered such, 128— and Mission work, 127 — vacant charges, 
 128— how distributed, 128. 
 
 Professors of Knox College, must be Ministers. 98— must sign the Formula, 98. 
 
 Property, (Church) how held, 139. 
 
 Protest and Appeal, efifect of, 29— how conducted, 30. 
 
 Quorum of Session, 3— Presbytery, 7— Synod, 11— Assembly, 13. 
 Rebuke, its form and administration, 67. 
 
ICO 
 
 INDEX. 
 
 Recordf) to be good evidence, 82. 
 Reference to Supreme Court, 27. 
 Roll of membora, 5. 
 
 Scandal a ground of discipline, 06- of disjoined members, 75. 
 
 Sessions, election of Elders to, 01— duty of in cases of discipline, 70. 
 
 Standing orders, 121. 
 
 Stipend, duty of Ministers in re;^rd to, 60. 
 
 Students to be certified by Presbyteries, 99— to have certlflcatea of study, Jkc, 09. 
 
 106— certificate. Form of, 120— Examination of, 103— to labour in Mission 
 
 Field, 127. 
 Supplemented congregations, 125. 
 Susi)cnsion, its nature and object, 67. 
 Synod, (District) constituted, 134— Moderator, how appointed, 135. 
 
 Title Deeds (Church) to be deposited, 42, 
 
 Toronto Synod, how composed, 134. 
 
 Translation of a Minister, 56 — Form of citation in case of, 110. 
 
 Trial (New) may be granted in certain cases, 83. 
 
 Trust Deeds (Model), 142, 148. 
 
 Trustees of Church property, 139, 140— must be Church members, 42. 
 
 Union, Legislative Act of, 138. 
 Basis of, ix. 
 
 Vacant charge, declaration of. Form, 110. 
 
 Widows' and Orphans' Fund, 129. 
 
 Witnesses, wlio may be, 81— how examined, 82, 83— more than one necessary, 82. 
 
--^ 
 
 study, Ac, 90. 
 )ur in Mission 
 
 
 ueceasary, 82.