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J PC ICL o 4^ 119 At Hamilton, and within the Central Church there, Saturday the twenty-second day of June, one thousand eight hundred and seventy-eight years, which day the General Assembly of the Presbyterian Church in Canada met, pursuant to adjournment, and was constituted by the Moderator. Inter alia. — The Committee on Ecclesiastical Procedure having presented a Report through the Convener, the Rev. Dr. BeU, the Assembly adopted the following resolution, viz.: — "Receive the Report ; re-appoint the Committee, with additional names, with instructions to avail themselves of the suggestions of Presbyteries, for the purpose of making the Book of Forms as complete as possi- ble ; and direct the Committee to publish the Book, thus amended, as a useful guide to the office-bearers of the Church. Extracted from the Records of the General Assembly of the Presbyterian (Jhurch in Canada, by WM. REID, D.D. J. H. MACKERRAS, M.A. W. FRASER, D.D. I Joint Clerks I General Assembly. ' / PREFATORY NOTE. The General Assembly of 1878 instructed its Committee on Ecclesiastical Procedure to complete the work in preparation, and publish it as a useful guide to the ofiRce bearers of the Church. The book now issued has been prepared with much care; the books of Procedure, Discipline. Standing Orders, &c., of the leading Presbyterian Churches in Britain and America having been carefully consulted throughout, and the results of the experience of the separate branches of the Church in Canada, in applying the general principles of Presbyterianism, having been especially combined and applied to the circum- stances of our own Church, the whole being condensed into a book of so small dimensions, will, it is hoped, render it very convenient for use. For convenient reference, instead of sub- divisions under general heads, the whole has been arranged under one series of chapters, and a running number attached to the paragraphs throughout. The Committee send forth the book trusting that it will supply a felt want on the part of both office bearers and members, and with the prayer that the Great Head of the Church may abundantly bless it to the order, pros- perity and extension of the Presbyterian Church in Canada. Toronto, June 9th, 1879. GEORGE BELL, LL.D., Convener of Committee. TABLE OF CONTENTS. Chaftkk. Pauu. I. — The Session 5 II.— The Presbytery 8 III. — The Synod 12 I V. — The General Assembly 13 V. — General Rules for Church Courts 15 VI. — General Standing Orders 16 VII. — Standing Orders of the Supreme Court 19 VIII. — Regulations anent the Records of Church ('ourts. .... 20 IX. — Petitions, Memorials and Overtures 21 X. — Removal of a cause from a lower to a higher Court. ... 22 1. Review and Control 23 2. Reference 23 3. Dissent, Complaint and Appeal 24 .XI. — Education and Superintendence of Students for the r4inistry 26 X II. — The Licensing of Probationers 29 .\II1. — Calling, Ordination, Settlement, Demission and Death of Ministers 31 XIV. — Admission of Ministers and Licentiates from other Churches 36 XV.— The Congregation 38 XVI. — Election and Ordination of Elders 43 I XVII.— Deacons' Court 45 XVIII.— Discipline 47 XIX. — Discipline, Mode of Procedure 49 XX. — Citations $1 XXL— Evidence 52 XXII. — Censures and other consequences of Discipline 54 XXIIL— Libel 56 XXI v.— Schemes of the Church 57 Appendix, Forms, &c 59 ' EULES AND FORMS OF PROCEDURE. 36 38 43 145 47 49 SI 52 54 56 57 59 CHAPTER L— THE SESSION. 1. The Session is composed of the minister, or ministers, and elders of a congregation. 2. The duty of the Session is to watch over and promote in every Scriptural way the spiritual interests of the con- gregation, more particularly, to receive applicants for admission into the chiiix;h, as well as tQ admit baptized persons into full communion, and to receive persons bringing certificates of membership from other congregations; to grant certificates to members leaving the congregation ; to watch over the christian deportment of the members of the congregation ; to exercise discipline when required, by admonition, rebuke, suspension, or exclusion ; to restore to privileges ; to care for the religious instruction of the young, including the oversight of Sabbath Schools ; to determine the hours and order of public worship ; to appoint the time of the dispensation of the Lord's Supper, and make pro- vision for it ; to appoint congregational fasts or thanks- givings ; to appoint the times and modes of making special collections, and where there are no 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 the deaconship; to receive and judge of petitions from the members ; to transmit papers to the Presbytery ; and in general, to superintend the religious interests of the con- gregation. BULE8 AND FORMS OF THOCEDVWt, 3. The minister is the moderator of the Session. When there are two ministers, they preside alternately, or other- wise, as may be settled between them. 4. The duty of the moderator is to preside in the Session ; to constitute and conclude with prayer ; to preserve order ; to take the votes ; to announce the decisions of the court, and to administer censures. The moderator may bring any competent business before the Session ; he may express his views upon any matter under consideration ; and he has a casting vote in case of an equality, but no deliberative vote. 5. In the absence of the moderator any other minister of the church having authority from him presides. When the minister has been removed by death or otherwise, or is under suspension, the Presbytery appoints one of its membcra to moderate. Without the presence of a minister no meeting of Session can be held. 6. The Session appoints a clerk, whose duty is to keep a record of its proceedings, which record is transmitted annually to the Presbytery for examination. Tlio Session may also appoint a treasurer to take charge of the funds at its disposal. 7. The moderator and two other members constitute a quorum. When from any cause the number of members is not sufficient to form a quorum, application is made to the Presbytery for the appointment of assessors, to act as mem- bers until new eldei^ have been elected and inducted. 8. The Session, so far as practicable, holds stated meetings for the transaction of business ; it may also hold meetings for devotional exercise and religious conference. Meetings of Session are not usually open to the congregation ; but the Session may hold open meetings when it sees cause. 9. The moderator has power to convene the Session when- ever he may judge requisite, and he is bound to do so when enjoined by a superior court, or requested by one- third of the elders. Meetings are called on the authority of the moderator, either by notice from the pulpit, or by per- sonal notice to the membera. 10. When the Session has been constituted, the names of the members present are taken down. The minutes of last stated meeting, and of any other meetings which have RULES AMD FORMS OF PROCEDURE. le 3n le- lof It- > re intervened, are then read, and when sustamed, are signed by the moderator and clerk. 11. The Session keeps a roll of members in full com- munion, which is revised as circumRtances may require, and at least once a year. The Session should also keep with as much accuracy as possible, a roll of all baptized persons not in full communion, and others connected with the con- gregation. 12. Each elder should have a district assigned to him. It is his duty to keep a list of the communicants and adherents residing within the same. Ho should cultivate special acquaintance with them, visiting, counselling, encouraging or warning them as may be required. 13. Any person desiring to be received into full com- munion, first converses with the minister, and, if circum- stjinces allow, with the elder of the district in which he resides. The application is then reported to the Session, and, when satisfied of the applicant's knowledge of Divine truth and of his christian character and deportment, the Session receives him in such manner as may be deemed for edification. 14. Certificates of disjunction from the congregation are usually granted by the Session ; but, between meetings of Session, the moderator has authority to grant certificates to members in good standing, which action he reports to the Session. 15. The Session cannot entertain complaints against its moderator. These must be brought before the Presbytery, to which direct access is in that case competent — previous notice of the intention to complain being always given to the Session. 16. One Session cannot interfere with or review the pro- ceedings of another. When a Session feels aggrieved by the proceedings of another Session, it may remonstrate with it or ask explanation ; if not satisfied it may bring the matter before its Presbytery, but this must be done by a written statement, a copy being furnished to the Session whose proceedings are called in question. 17. It is the right and duty of every Session, whether of a settled or a vacant congregation, to appoint one of the elders as its representative in the Presbytery and Synod. 8 BULE8 AND FORKS OF PROCEDURE. The appointment is made once a year, anvl holds good for two months after the close of the animal meeting of the General Assembly, unless within that time a new election has been made. In the event of death, resignation, or removal, a new election is made without delay. The elder appointed should be punctual in his attendance at these courts, and his expenses, as well as those of the miniiiter, ought to be defrayed by the congregation. When the con- gregation is vacant, it is the duty of the reprcsoniative elder, where no commissioners are 8i)ecially appointed for the purpose, to apply to the Presbytery for supply of ordinances. An extract of the Session's appointment is presented to the Presbytery ; and the roll of the Pi*esbytery, certified by its clerk, is sufhcient evidence of the elder's right to sit in the .?iynoil. Where a charge consists of two or more congi'egatlons having separate Sessions, such Ses- sions sliall be regarded as one for the [>urpose of rapresenta- tion in the church courts. 1 8. The Session has the right of petition to the Presby tery, and through it to the Synod and General Assembly- It may also overture the Presbytery, Synod, or Assembly. Petitions or overtures must be in writing, and if addressed to the Synod or Assembly are presented to the Presbytery for transmission. 19. The Session is responsible to the Presbytery for the use made of the church edifice, and it is therefore entitled to the control thereof and to the custody of the key. CHAPTER II.— THE PRESBYTERY. 20. The Presbytery consists of — (1.) Ordained ministers within the bounds (a), who are pastors of congregations ; (6), who are professors of Theology in the Church, and professors in Colleges connected with the Church ; (c), who are employed by appointment of the Assembly in some depai-tment of the work of the Church ; (d), who are entitled by special enactment of Assembly to have their names placed on the roll. (2.) An elder from each pastoral charge. KCLEM AND FORMS OF PROCEDrRB. 9 21. The duties of the Presbytery are to receive and diHpoHe uf i)etition8, rafet'ences, complaints, and ui>|>eals from SeMsioiiH ; to transmit i>etitions and overtures addroHHed to the Synotl or General Assembly ; to see to the supply of ordinances in congregations ; to form mission stations and erect new congregations ; to certify students in order to their admission to the Theological Halls ; to superintend the education of students having the ministry in view ; to try candidates for license to preach the Gosjiel and license those found qualified ; to moderate in calls, and to receive, sustain, or reject the same ; to try candidates for the ministry and ordain them when found qualified ; to induct into the pastoral office ; to receive and judge of complaints against ministers and licentiates ; to impure into reports afiibcting their character; and to admonish, rebuke, stiHiie * , depose, or excommunicate offenders ; to receive demisitions, and to loose ministers f a their charges; to review the I'ecords of Sessions ; and in general to sui)erintend the con- gregations and Sessions within its bounds 22. A now Presbytery is formed by an act of the General Assembly, whicli t\e& its bounds, ap|K)ints the time and place of its tii'st meeting, as well as its firat moderator. When constituted by the njodemtor so appointed, the Pres- bytery has a right to elect a modemtor. 23. The modemtor'a duty is to preside in the Presbytery ; constitute and conclude with prayer ; to preserve onler ; to take the vote ; to announce decisions, and administer censures. He is entitled to express his views on any matter under discussion ; but if he wishes to do so, or is a party concerned in any case before the court, he leaves the chaii\ He has a casting vote, bui not a deliberative vote. 24. It is usual to appoint a new moderator every six or twelve months. In the absence of the modemtor, or in the case of his leaving the chair, the Presbytery appoints a moderator pro tempore. 25. The Presbytery appoints a clerk, whose duty it is to keep the record or minute-book of its proceedings, which record is transmitted annually to the Synod for examination j to preserve its papers; and, when instructed by the Presby- tery, to give certified exti'acta of its decisions. The Pi-esby- tery jvlao appoints a treiwurer, and defines his duties, 10 RULES AND FORMS OF PROCEDURE. 26. Three members, two of whom are ministers, form a quorum. 27. After the Presbytery is constituted, the roll is called, and alterations are made in it as may be necessary. The names of representative elders are placed on the roll, on the presentation of extracts of their appointment] and it is competent for the Presbytery, at any meeting, ordinary, special, or pro re nata, to receive such extracts. 28. The Presbyteiy should regulate its proceedings by the rules of order laid down for the Supreme Court, so far as these may be applicable. (See Standing Orders.) It may also devote a part of its time to devotional exercises, as circumstances may render appropriate. 29. The Presbytery n^eets at stated intervals, and at other times as frequently as its business demands. It is the duty of every member to attend its meetings, and absentees may be called to account, and censured if necessary. The time and place of next meeting are fixed and recorded before adjournment. 30. If a Presbytery has neglected to appoint its next ordinary meeting, or if no meeting has been held on the day appointed, it shall be the duty of the moderator, or, in his necessary absence, of the clerk, to convene a nieeting for the resumption of business, by letter addressed to every member on the roll of the Presbytery at the time of last meeting, and despatched at least ten days before the time fixed for the meeting ; and, if a quorum of n>embers shall attend on the day named, it shall be competent for them to proceed to business as at an ordinary meeting? 31. At the meeting of the Presbytery preceding the meeting of Synod, a certified copy of its roll is ordered to be tmnsmitted to the clerk of Synod, at least eight days before the meeting of Synod. 32. The Presbytery, besides its ordinary meetings, may hold special meetings for transacting particular business, at which no business other than that for which they were appointed can be entered upon. 33. If a case of emergency occur during the interval between ordinary meetings of Presbytery, the moderator h»s the power of calling a meeting either on his owft RULES AND FORMS OF PROCEDURE. n next day L his the ber ing, the the to the to lays my at ^ere j'va,! Ltor authority, or upon the requisition^ of some of its members. This is a pro re nata meeting. Such meeting is called by the moderator himself, or by the clerk, on his authority, by letter to all the memliers of the Presbytery, both ministers and representative elders. The time and place of meeting, together with the business to be taken up, are specified in these letters, which should be despatched at least ten days before the time fixed for the meeting. No business other than what is specified can be transacted, and that business can be proceeded with, only in the event of the Presbytery approving of the conduct of the moderator in summoning the meeting. The letter calling the meeting shall be entered in the minutes. If the moderator decline to act on the requisition presented to him he is responsible to the Presby- tery at its next ordinary meeting. Special and pro re nata meetings may be adjourned, if necessary, from day to day, to complete the business for which they are held. 34. The Presbytery should visit the congregations under its care, as often as circumstances permit ; call sessions and office-bearers before it ; inquire into their affairs and deal with these as may be deemed for edification. 35. Any Presbytery may meet and transact competent business at any time during the meeting of Synod, when that court is not sitting ; but notice of each meeting must be in writing, specifying the time and place of meeting, with the business to be transacted, and must be signed by the moderator, or in his absence by two members of Presby- tery, and must be read by the moderator of Synod, and held in retentis by the clerk. A Presbytery cannot meet during the session of the General Assembly. 36. The Synod may appoint any of its members to act as assessors with any Presbytery other than their own, on par- ticular business. 37. When a member of one Presbytery is present at a meeting of another, he may be invited to take part in the deliberations of the court, but he shall not have a vote. 38. One Presbytery cannot interfere with or review the proceedings of another. When a Presbytery feels aggrieved by the proceedings of another Presbytery, it may remon- 12 RULES AND FORMS OF PROCEDURE. strate with it, or ask explanation ; if not satisfied it may bring the matter before the Synod ; but this must be done by a written statement, a copy being fiimished to the Presbytery, whose proceedings are called in question. In the event of not obtaining satisfaction, the Presbytery deeming itself aggrieved may complain to its Synod, but the complaint must be in writing. 39. The leave of the Presbytery must be first obtained by any minister desiiing to be absent for a longer period than two months. CHAPTER III.— THE SYNOD. 40. The Synod is composed of all the ministers and elders on the rolls of the Presbyteries within its bounds. 41. It pertains to the Synod to take the oversight of Presbyteries ; to examine their records ; to consider refer- ences and to give advice and instruction when deemed necessary ; to judge and dispose of complaints or appeals ; to dispose of overtures ; to grant leave to Presbyteries to take students on public trials for license ; and to attend to all matters assigned to it by the General Assembly. 42. The moderator presides at the meetings of Synod ; opens and closes each sederunt with prayer, preserves order, takes the votes, announces decisions, and administers cen- sures. The moderator is chosen at each ordinary meeting. 43. The Synod appoints a clerk, whose duty it is to keep the record or minute-book of its proceedings, which record is transmitted annually to the General Assembly for examina- tion ; to preserve its papers ; and, when instructed by the Synod, to give certified extracts of its decisions. The Synod also appoints a treasurer and defines his duties. 44. The ordinary meetings of the Synod are held annually or semi-«nnually. A pro re nata meeting may be called by the moderator on a requisition from fifteen members. The procedure regaixling such meetings is the same as in the case of a pro re nata meeting of Presbytery. 45. Seven members, of whom at least four are ministers, constitute a quorum for the trausaction of business, provided RULES AND FORMS OF PROC'EMRE. 13 said quorum consists of members of more than one Pres- bytery. 46. The clerk of each Presbytery sends to the clerk of Synod, at least eight days before each ordinary meeting, a certified roll of his Presbytery, together with all particulars respecting the licensing of students, and the ordination, induction, admission, ti*anslation, demission, suspension, deposition, and death of ministei*s, wliich particulars tho Synod reports annually to the Assembly. »««, Dhe lod lly Iby The iise CHAPTER IV.^THE GENERAL ASSEMBLY. 47. The General Assembly is the highest court of th© church, and bears the title of " The General Assembly of the Presbyterian Church in Canada." It consists of such proportion of the ministers on the rolls of the several Pres- byteries as may be determined by the Assembly from time to time, with an equal number of elders. The act regulating the appointment of commissioners to the General Assembly from the seveml Presbyteries is as follows : — ACT ANENT THB GENERAL ASSEMBLY, (1) The General Assembly shall consist of one-foui-th of the whole number of ministere on the rolls of the several Presbyteries, with an equal number of acting eldera. (2) If the number on th© roll of any Presbytery be inca< pable of division by four, then the fourth shall be i*eckoned the fourth of the next higher number divisible by four. (3) Each Presbytery shall elect its representatives at an ordinary meeting, held at least thirty days before the meet- ing of the Genei*al Assembly ; and,, in the event of any of these representatives resigning their commissions or being unable to attend the Assembly, it shall be lawful for th© Presbytery to elect othei"s in their place at any subsequent meeting previous to the meeting of the General Assembly. (4) Each Presbytery clerk shall forward to the clerks of the General Assembly, so as to be in their hands at least eight days before its meeting, commissions in favour of the ministei's and elders elected as representativ es ; and from such commissions the clerks shall prepare the interim roll| 14 RULES AND FORMS OF PTIOCEDURE. ! I i i i ' to be called at the opening of the Assembly ; which, being fl,mended, if necessary, shall be confirmed as the roll of Assembly. (5) Any twenty-five of these commissioners, of whom at least thirteen shall be Ministers, being met on the day and ftt the place appointed, shall be a quorum for the transaction of business. 48. The General Assembly considers and disposes of petitions, overtures, references, complaints, and appeals from inferior courts, and all other matters regularly brought before it ; reviews the records of Synods ; deals with matters of common concern to the Church, respecting her doctrine, woi*ship, discipline and government ; prescribes the course of study for students having the ministry in view ; admits ministers and licentiates from other Churches ; creates new Synods and Presbyteries; con-esponds with other Churches; receives and disposes of reports from the Colleges, from the committees on missions, and other committees charged with the care of the different departments of the work of the Church ; and in general adopts such measures as may tend to promote vital godliness throughout the Church, and advance the kingdom of Christ in the world. 49. The General Assembly meets ordinarily once ayear. On the appointed day of meeting a diet of public worship is held, when a sermon is preached by the moderator of the last Assembly, or in his absence, by a former moderator. Im- mediately thereafter the Assembly is constituted with prayer, the roll is called, and the names of those present marked. A new moderator is then elected and takes the chair. 50. It is the duty of the moderator to preserve order, and of the Assembly to support him in the exercise of his authority. When he desires to speak on any subject before the court, he requests permission to leave the chair. On this being granted, or in the event of his absence, or being a party in any cause before the court, another member is called to preside. The moderator has a easting, but not a deliberative vote. 51. The Assembly appoints two or more clerks, whose duty it is to take minutes of its proceedings ; keep its records ; preserve its papers ; and, when instructed by tb9 A'iseiubly, to give certified e^jtracts of its decisions, RULES AND FORMS OF PROCEDURE. 15 52. Elach sederunt is opened and closed with devotional exercises. The greater part of the second sederunt is spent in prayer, praise, and reading the Word. The first business thereafter shall be the receiving of the Synodical rolls with accompanying reports as to changes. 53. The Assembly in the conduct of its business avails itself of committees, such as Committee on Bills and Over- tures, on the Order of Business, on Standing Committees, a Judicial Committee, and committees appointed to rejKjrt on matters specially referred to them. 54. Every committee of Assembly has a convener, and a clerk who is nominated by itself, if not appointed by the Assembly. A committee cannot meet while the Assembly is sitting, without leave from the court. Committees take minutes of their proceedings, and always report in writing. 55. The Assembly being the supreme court of the Church, its decisions are final. 56. The Assembly may appoint a Commission, with -lower ^nally to determine any matter referred to it. 57. When the business of the Assembly is finished, the minutes of the last sederunt are read and sustained. The moderator then addresses the Assembly, and after pi*aise and prayer, declares in the name of the Lord Jesus Christ, the King and Head of His Church, that this Assembly is dissolved, and indicts another General Assembly to meet at the time and place previously appointed by the court. The benediction is then pronounced. his On sing is ^t a ^ose its Itbo CHAPTER v.— GENERAL RULES FOR CHURCH COURTS. 58. The modei'ator takes the chair at the hour to which the court stands adjourned, calls the members to order, and constitutes with pi'ayer. 59. At the fii*st assembling of ^, court the roll is called, and the sederunt recorded ; and members coming in after- wards have their names noted on reporting themselves to the clerk. 60. After the calling of the roll, the minutes of lasts Ordinary^ meeting, and of all other meetings held in the 16 RULES AND FORMS OF FROCEDURK. i!: interval, are read and sustained. In tlie case of the General Assembly, the minutes are read at the opening of each sederunt. 61. The court then calls for all reports and other pa])ers refening to business before it. It then prepares a docket, consisting of: (1) Business arising out of the minutes : (2) New business. 62. A member of a clnirch court ought not to retire from a meeting without leave of the moderator, or withdraw from attendance without the consent of the court. 63. The moderator names all committees of the court, unless their appointment be otherwise provided for by mo- tion or rule ; and, unless a convener is specially named, the first named member of the committee is convener. In case of his absence, or inability to act, the second named member takes his place. 64. The courts of the church, excepting the Session, are open courts ; but it is competent, on motion made, to sit with closed doors. 65. It is not competent for an inferior court to erase or alter any part of its records, unless when ordered by a superior court. 66. The moderator takes caiv that the minutes correctly rticord the proceedings of the coui-t. 67. A court for the greater freedom of discussion may resolve itself into committee of the whole, when the mode- rator leaves the chair, and a chairman is appointed. A separate minute of the proceedings is taken. When the court resumes the moderator takes the chair, and the chaiv' jnan reports. 68. Clerks of courts ai'e entitled to charge for extracts of minutes, or copies of papei*s furnished to individuals, at the rate of ten gents for each hundred words, or fraction thereof, : ' CHAPTER VI.— GENERAL STANDING ORDERS. 69. Fivery motion or amendment is presented in writing, fts soon as it has been made to the court, RULES AND FORMS OF PROCEDURE. U a tly ig» 70. A motion or amendment is not discussed until it has been duly seconded, and it cannot be altered or withdrawn without the permission of the court. 71. When a motion and amendment are under discussion, it shall not be competent to introduce another motion, except as an amendment to the amendment ; and the question of adopting or rejecting such second amendment shall be decided before any other amendment is admissible. Action on amendments shall precede action on the original motion. 72. If a motion under debate contains two or more parts it shall, on the call of two members, at any time before the vote is finally taken, be divided and the question taken on each part. 73. A motion for adjournment is always in order. 74. When a subject is under debate no motion is compe- tent, except to adjourn the debate, to lay on the table, to postpone, to commit, to amend, or to take an immediate vote on the motion or motions before the house. 75. A motion to adjourn, to lay on the table, or to take an immediate vote, shall be decided without debate. 76. When the time for taking up an order of the day, or for adjournment, has arrived, the moderator shall intimate the same, and a member who may then be addressing the house shall have the right to the floor when the business interrupted is resumed. 77. It is not competent for a court to alter a decision, unless one-fourth of the membei-s present during the sede- runt at which the decision was given, vote in favour of recon- sideration ; and a motion for reconsideration is not in order if proposed by one who voted in the minority ; and notice of it must be given at the sederunt preceding that at which it is to be proposed. 78. A member shall not speak niore than once on any motion or amendment, unless with permission of the court, or in explanation, or to correct mistakes. 79. A speaker is not to be interrupted unless upon a call to order. When so interrupted, he shall cease speaking until the point of order is decided. The member calling to order shall state the grounds on which the call has been made ; but no other member is entitled to 8{)eak to the point 18 BULES AND FORMS OF PROCEDURE. of order, unless with the permission or at the request of the moderator, with whom the decision on the point rests. 80. When a member, in sjTeaking, utters language which another member regards as offensive and censurable, the latter may reqtiire that the words of the speaker be taken down ; in such case nothing further can proceed until either the speaker has withdrawn or satisfactorily explained the words complained of, or the words have been taken down by the clerk ; the speaker shall then be allowed to proceed. Words thus taken down may afterwards be con- sidered by the court, on the complaint so made, as a matter of business, and the speaker, if found censurable, is dealt with as the offence may require ; but the business of the court, in hand when the words were uttei*ed, may not at the time be interrupted beyond having the words taken down. A party in a cause, not being a member of the court, may in similar circumstances, claim like protection. 81. When a member rises to address the court, the moderator announces his name ; and when two or more members rise at the same time, he decides which of them shall speak. 82. Any member who is dissatisfied with a decision of the moderator may appeal to the court ; and the question on such appeal shall be decided without debate. 83. When the court is ready for a vote, if there is only one motion before it, the moderator shall put the question, " Shall this motion pass, * yea' or * nay ]' " If a motion and amendment are before the court, he shall put the question, " Shall the motion be amended as proposed ?" And after- wards the motion, or the motion as amended, as the case maybe, shall be put "yea' or 'nay]'" Before a vote is taken the doors are closed. 84. Ordinarily, a vote is taken by the members rising in their places, on the call'of the moderator. It is competent for two membei*s to require the vote to be taken on a main motion, by calling the roll, or to have the state of any vote recorded. 85. It is not competent for any committee to sit during the time when the court is sitting, without leave. 86. The clerk of a higher court, on the receipt of papers sent up from a lower court, endorees thereon the date of BULKS AND FORMS OF PROCEDURE. 19 receipt, numbers the papers and authenticates the same by his signature or initials. 87. The clerks of church courts shall send a copy of all documents printed by the authority of their courts to the library of each college connected with the church. in It iin >te )rs I of ' CHAPTER VII.— STANDING ORDERS OF THE SUPREME COURT. 88. Reports of ordinations, inductions, licensure, deaths, demissions, suspensions, depositions of ministers, and of the erection or dissolution of congregations within the res- pective Synods, shall be sent up by the clerks of these courts so as to be in the hands of the clerk of Assembly at least eight days before the Assembly meets. 89. A large portion of the second sederunt, and such por- tion of other diets as the moderator of Assembly may think proper, shall be spent in devotional services. 90. The clerks of the Assembly, together with those of Synods and Presbyteries who may be commissioners, are to meet as a Committee on Business, and arrange all such business as may be requisite previous to the first diet of the annual meeting of the Assembly. This committee, together with such members as may be appointed by the Assembly, constitute the Committee on Bills and Overtures, which acts also as the Committee on Business, to arrange from time to time the order of business to be brought before the court. 91. After the arrangement of business has been reported by the Committee on Bills and Overtures, and sanctioned by the Assembly, the clerks of the Assembly shall cause a docket of business to be printed, for the information of members. 92. All papers shall be transmitted to one of the clerks of Assembly at least eight days before the meeting of Aj3sembly, and all such papei*s shall pass through the Com- mittee on Bills and Overtures before presentation to the Assembly. 93. In order that all documents coming before the Assem- .i.i' 20 RULR8 AND FORMS OF PROCEDURE. bly may be preserved in a form convenient for reference, reports, overtures, references, appeals, extracts of minutes, and all other matters whatsoever, intended to be submitted to the Assembly, shall be written on foolscap pai)er on one side only, and with a margin on the left hand of not less than two inches. For the sake of securing fully the ends of justice, parties who have causes to bring before the Assembly, are recommended to print copies of all papers in the cause in numbers sufficient for the use of members, and in a shape suitable for binding along with the printed minutes of Assembly. 94. The conveners of standing committees shall give in their annual reports to the Committee on Bills and Overtures, not later than the second sederunt of the meeting of the Assembly. These must be in printed form, in a sha])e suitable for binding along with the printed minutes of Assembly. 95. The Assembly shall appoint a committee, of not less than two from each Synod, and not more than four from any one Synod, to nominate members for the standing com- mittees of the Assembly. i^ CHAPTER VIII.— REaULATIOXS ANENT THE RECORDS OF CHURCH COURTS. 96. The pages shall be numbered in words at length as well as in figures. 97. Every page shall be signed by the clerk, and the record of each sederunt by the moderator and clerk. In case of the death or removal of the modemtor or clerk, the record shall afterwards be signed by the then acting mode- rator or clerk, cum uota of the cause, in the presence of the court. 98. The time and place of meeting shall be fully stated in words. 99. Every page shall have a suitable margin, on which the items of business recorded shall be indexed. 100. The place and date of meeting shall be shortly indi- cated on the margin at the top of each page. RL'LKS AND FOllMM OF FKOCKUL'KK. 21 101. Church cuurtH Hhall take Mpeciiil care that their records are carefuliv and correctly written. All eruHuivs ur other chaiigeH in the record shall l)e noted on the margin with tlie initials of the clerk's nan^e. 102. All nuinbiM's shall he ex))r('s.s<'d in words as well ns in ligiires. 103. Unneces.sary vacant spacrs shall not \tv left hetweni the minutes of .sederunts. the In the lode- the ited iich Ui- CIIAPTEK IX.— PETITIONS, MEMoKJAI.S AND OVEK- TUKES. 104. Every niemher of the church has viiAit of access to any church court by petition or memorial. He has direct access co the Session of the con<^regation to which he belonj^s, but a petition or memorial to a higher court nnist be pre- sented, in the tirst place, to the Session with a request for transmission. 105. A lower coui"t transmits a petition or memorial with or without approval or concurrence, as it sees tit. It is the duty of a lower court, before transmitting a petition or memorial, to see that it is in projjer form, and expressed in respectful terms. When transmission is refused, the peti- tioner or memorialist has the right of protest and appeal. 106. The foregoing rules apply to a petition or memorial from any number of persons, a congregation, or a lowei- court. 107. When a member, office-bearer, or court of the church proposes the enactment of a law or rule binding on the whole church, any change of an existing law or rule, the affirmation of a previous enactment, or injunction to observe the same, or generally the adoption of any measure ajtper- taining to the functions of the Supreme Court, a-n overture on the subject is presented. 108. An overture is presented in writing, duly signed, must be in proper form, and is transmitted in the same way as a i)etition. 109. Petitions, memorials, tuid overtures, come to the General Assembly through its Committee on Bills and 32 HULBB AMD FORMS OF FROCEDCRE. Overtures. The committee shall cousider : (1) Whether they have been regularly transmitted ; (2) whether they are in due form and comi)etent ; anefoi*e the Assembly. Refusal to tninsmit may \)e brought under review of the AHsembly by apjMial or complaint. 110. The General Assembly may pusH a Declaratory Act affirming what it underatands the law of the church to lie. Such act may be passed without transmission to Presbyteries; but an oveiiui*e contemplating a chang<^ in the law of the church, whether originated as above indicated, or by the Assembly itself, is dealt with according to the provisions of the Bai'rier Act, which is as follows : — TUR BAKUIBR ACT. (1) No proposed law or rule relative to mattei-s of doc- trine, discipline, government, or worship, sludl become a permanent enactment until the same has been submitted to Presbyteries for consideration. Such consideration shall be given by each Presbytery, at an ordinaiy meeting, or a spe- cial meeting held for the purpose ; and an extract minute of the Pi*esbytery's judgment shall be sent to the clerk of the Qeneml Assembly, before the next meeting of that court. (2) The Assembly, if it sees cause, may, by a majority of two-thirds of those present, j)ass such proposed law or rule into an interim act, which shall possess the force of law, until the P*'esbyteries have, as herein required, repoi-ted their judgment upon it to the next Geneml Assembly. (3) If a majority of the Presbyteries of the Church express their approval, the Assembly may pass such proposed law or nUe into a standing law of the Church. If a majonty of the Presbyteries expi'ess disapproval, the Assembly shall reject such proposed law or rule, or again remit it to the Presbyteries. CHAPTER X.— REMOVAL OF A CAUSE FROM A LOWER TO A HIGHER COURT. 111. A decision of any church court, except the highest, is subject to the review of the next higher court, and may be Rl'LKS ANI> KoUMS <»K IMKN KDl'UK. •23 ER IS be removed thereto in oiio of i\ui four following wuy8, niiiiiely ; (l)Genernl review uiul control ; (2) Heforonco ; ^ i) Appeal: and (4) Complaint. WJion a matter Ih bo removed, other- wise than by reference, the lower court is repvrded an a party, and its mombcrH are not entitled to deliberate and vote in the higher court. In cases of reference, the lower court is not considered a jmrty, except with respect to th« preliminary <|ucstion whether or not the cnso hIiouKI have been referred. I. — OKNERAL REVIEW AND OONTKOL. 112. Tlie record of every court, except the highest, is reviewed by tlm next higher court, at least once a year, and may be called for at any time. If the lower court fail to send up its i-ecord, the ]ny^ . i shall order it to bo produced immediately, or on a day nu.aed. 113. A court may also, at any time, require the courts under its jurisdiction to produce their registere, rolls, or other official documents. 114. The higher court, after inquiring into: (1) Tlie regiilarity of the proceedings minuted ; and (2) the correct- ness of the record, orders the record to bo attested, with or without notes. Wlien necessary, it gives instniction, or admonition to the lower court ; but a judicial sentence shall not be revei*sed by such action. 115. Notwithstanding attestation of the record after such review, if it come to the knowledge of the higher court that a lower court neglects its duty, or litis committed grave irregularities, it may take such cognizance thereof as is deemed to be necessary. 116. In dealing with any grave delinquency or gross irregularity, the lower court is cited to appear at a specitied time and place to answer for its conduct. II. — REFERENCE. 117. A reference is a representation made by a lower court to a higher, for advice or for judgment, and must be in writing. 118. A case of peculiar difficulty or delicacy, the decision of which may establish an important precedent, or on which the members are much divided in opinion, or on which, for any reason, it is desirable that a larger body should first decide, is a proper subject of reference. 24 RULES AND FORMS OF PROCEDURE. U 31 '.' Ill III liii 119. A lefei-ence is either for judgment on tlie whole case, or for advice on some particular point where difficulty is felt. It is the duty of the lower court to exercise, as far as possible, its own judgment, before making the reference. 120. A reference, as to form, consists of an extract minute of the resolution to refer, and must be accompanied with an extract minute of all proceedings in the case, and must be accompanied with all the papers necessary for the proper consideration of the matter referred ; and is pre- sented by commissioners appointed for the pui'pose. A reference for judgment brings up all concerned before the higher court, and they are therefore duly notified of the reference, that they may appear for their interests. 121. The higher court considers, first, if the reference is in proper form ; and, secondly, if there is ground for making it. If it is informal, or appears to be unnecessary, it is dis- missed ; if not, it is sustained. If the reference be sustained, the higher court hears the whole case, and decides it, or sends it back to the lower court with instructions. III. — DISSENT, PROTEST, COMPLAINT, AND APPEAL. 122. When a member of a court who has voted on any question is not satisfied with the decision, he is entitled to have his dissent recorded. By so doing he saves him- self from responsibility for, or censure on account of, the decision. The dissent must be given in when the decision is announced. Reasons of dissent given in at the time, or at the following sederunt, and in proper language, are entered in the minutes. If given in at the later stage, or sent to the clerk within ten days, they are kept in retentis. When deemed necessary the court prepares answers to reasons of dissent, which are disposed of by being entered in the minu- tes or kept in retentis, according as the reasons have been entered or kept in retentis. 123. Members who voted in the minority may signify their adherence to a dissent, and have their adherence recorded, either at the time, or at the following sederunt. 124. Wheu a member of a lower court is dissatisfied with its decision, besides dissenting, he may protest for leave to complain to the higher court. A party in a cause may, in like manner, protest and appeal against a decision. Such RULES AND FORMS OF PROCEDURE. 25 protest and complaint, or protest and appeal, must be made at the time when the decision is announced.' Extracts are craved at the same time. Complainant or appellant must give in reasons to the clerk of the court within ten days, otherwise the complaint or appeal is held to be fallen from. 125. The court may prepare answers to reasons of com- plaint or appeal, and appoint some of its members to defend its action before the higher court. 126. The complainant or appellant having obtained certi- fied extracts of minutes and relative documents as craved, shall bring the cause before the higher court. If he do not appear, or if he fail to assign a sufficient reason for his absence when the case is called, his complaint or appeal shall be held as fallen from ; and at the last sederunt protestation to that effect may be taken by the opposite party. A com- plaint or appeal brings up all parties concerned, who must be duly notified by the clerk of the lower court. 127. The effect of a complaint or appeal is to arrest the execution of the judgment pronounced until the matter be reviewed by the higher court ; but if the reasons for com- plaint are deemed frivolous or vexatious, the court may resolve to disregard the complaint or appeal, and may pro- ceed in the case, but its action may be annulled, and the court may be censured by the higher court. 128. Complaints or appeals on points of form, or the manner in which a court conducts its proceedings in refer- ence to any matter, do not arrest proceedings, and the court shall, notwithstanding these, prosecute the matter, until it is ripe for judgment ; but fiiiu,! judgment shall not be given on the case until all complaints and appeals are disposed of by the higher court. 129. The higher court, after ascertaining that a complaint or appeal has been regularly made, and that all parties have been duly notified, shall have the whole of the judicial record of the lower court read. The parties shall then be heard; the complainant or appellant having the right of reply ; they are then removed from the bar, and the court proceeds to judgment. 130. If a complaint or appeal is dismissed, the decision of the lower court stands affirmed. If it be sustained, the 2 i ii 26 RULES AND FOUH8 OF I'mK^EDURItL decision is not necessarily reversed, but may be altered in part or in whole, and may be remitted to the lower court with instructions ; or the higher court may, if circumstances appear to require it, waive altogether the merits of the com- plaint or appeal, and give such a decision in the original cause as is consistent with tioith and justice. Il!t1 CHAPTER XI. — EDUCATION AND SUPERINTENDENCE OF STUDENTS FOR THE MINISTRY. 131. Parents are earnestly and affectionately reminded of the duty of dedicating to the Lord for service in His holy ministry such of their children as, by possession of tlie requisite qualifications, seem niai'ked out by the Head of the Church as proper persons to receive training for this office. 132. Sessions and Presbyteries are enjoined to make diligent and careful enquiry whether any young men are to be found withJw their bounds whose attention should be specially directed to the claims of Christ upon them with respect to the ministry of His Church, and to aid and encourage in all proper ways such suitable young men as may declare their pui-pose to consecrate themselves to this sacred vocation, watchfully keeping their eye upon any in their congregations who are prosecuting a liberal education, and whose piety and abilities make it desirable that their thoughts should be turned towards the ministerial office. 1 33. Presbyteries shall exercise a kind and faithful super- vision over students and intending students resident \t?ithin their bounds, and shall always endeavour to inculcate upon them worthy views of the exalted office to which they aspii'e, and to encourage them in the arduous course of study by which the Church has wisely determined that her ministry should be reached. 134. It is the duty of Presbyteries to examine all persons presenting themselves as entrants on the study of theology respecting their moral and religious character, their motives, and their general fitness to study for the ministry, and if satisfied, to certify them to the college, or the Board of Examiners connected with the college in which they propose to attend. RULES AND FORMS OF PROCEDURE. 27 ipon they of her all of ^ter, I the or in 136. It is required of Presbyteries to prescribe to students, whether in Theology or in the Pre|)aratory course, resident within their bounds during summer, a written exercise ; and if satisfied therewith, as also with the dejK)rt- ment of the students, and with any mission work done by them, to certify them accordingly to the Senate of their college. 136. Students on entering theology, or on intimating their purpose to study for the ministry, must be members of the Church in full communion ; and all such students are required, during their course, to be in communion with a congregation of the Church in the place where they are prosecuting their studies. 137. Students are recommended to take, if possible, a full course in Arts in some approved college, and obtain the ifree before entering on the study of theology. i38. With the view of encouraging students to take a mil Univei'sity course. Senates and Boards of Examiners are enjoined to use their best endeavours to institute scholarships, which may be annually competed for by students taking such course. 139. Students who are unable to take the full course of graduates are required, after passing a preliminary examin- ation, to complete a three years curriculum in some approved college, and to pass the examinations connected therewith; but in no case shall an actual attendance on the classes of less than two years be accepted unless by permission of the General Assembly. The prelimmary examination shall embrace the following subjects: Latin — Grammar and easy prose author. Greek — Gramrna^' and easy prose author. Mathematics — Arithmetic, Euclid, B. I., and Algebra, first four rules. English — Grammar and Composition, Geography and English History. The classes of the three years' c e shall be as follows : 1st Year — Latin and Greek, M 'cs, English, and History. 28 RULES AND FORMS OF PROCEDURE. 2nd Year — Latin and Greek, Logic and Junior Philosophy, Natural Science and Physics. 3rd Year — Latin and Greek, Senior Philosophy, Hebrew. 140. A student shall not, unless by special peimission of the General Assembly, be admitted to the study of theology unlesu he is a graduate in Arts of some approved University, or has completed the three years' preparatory course, or thrett years of a regular university course. An Arts course, as here recognized, must embrace the studj*- of Greek, and all students admitted to theology must have an elementary knowledge of Hebrew. 141. The course in theology shall extend over three full sessions of six months each, and shall embrace the following subjects of study, viz : — Apologetics, systematic theology, exegetics, biblical criticism, church history, homiletics, and pastoral theology. 142. Absolute uniformity in the order of developing the course in the several colleges cannot be enforced ; but it is recommended that church history, including biblical history, systematic theology and exegetics shall extend over the three sessions, that apologetics shall extend over two sessions, and that biblical criticism, homiletics and pastoral theology shall be taught during one session. 143. Besides attending the classes and preparing the ordin- ary class exercises prescribed by the professors, every student shall be required to give in during the period of his theological studies the following discourses : — (a) A homily : (6) A popular sermon : (c) A lecture : (d) A Greek or a Hebrew critical exercise with additions : (e) A Latin thesis. 144. At the end of each session in theology eveiy student shall be certified by the several professors under whom he has studied, or by his college, with respect to the regularity of his attendance, his satisfactory performance of the work required of him, and as to the propriety of his conduct ; and students shall, at the earliest opportunity after the close of the session, present their certificates to the Presbytery within whose bounds they expect chiefly to reside during the recess of the college. 146. The examinations for entrance into college classes, whether literary or theological, and others, held at the close RULES AND FORMS OP PROCEDURE. 29 of each session in connection with the work of the session, together with the examinations for scholarships offered to University students, shall be conducted by the Senate or by the Board of Examiners, (where such a board exists) of the respective colleges. 146. Colleges are required to report annually, either directly or through their boards, to the General Assembly. A L'ew ses, lose CHAPTER XII.— THE LICENSING OF PROBATIONERS. 147. In order to his being taken on trials for license, a student of theology, on completing his course, presents to a Presbytery, with as little delay as possible, class certificates from the several professors under whom he has studied, together with a certificate from his college, shewing: (1). That he has completed the Literary and Theological cur- riculum required by this Church : — (2.) That he has delivered all the discourses prescribed to him, in the course of his studies ; (3.) That his character and conduct, so far as known, are suitable to his position as a candidate for the ministry. Provided always that the presenting of interim certificates for the current session shall suffice until the session be closed, when certificates in full must be forwarded. 148. When considering the question of taking a student on trials for license, the Presbytery should be alone. The Presbytery shall examine, either orally or in writing, the student in Latin, Greek and Hebrew, Philosophy and Systematic Theology, also as to his Personal Religion, and as to his motives for seeking to enter on the ministerial office. If the examination is sustained, and the Presbytery is satisfied of the piety, prudence, and good report of the student, it makes application to the Synod for leave to take him on public probationary trials, certifying at the same time, that the requisite certificates have been produced and that the examination has been sustained. If, however, a candidate for license, who is a member of this Church, has attended, in whole or in part, a Theological Institution beyond the bounds, the Presbytery shall report the fact to the Synod. 30 RULES AND FORMS OF PROCEDURE. I l! 9i ill II I 149. When a Synod meets only in the autumn, appli- cation may be made and leave gininted at the meeting pre- ceding the last session of the student's course ; but his final examination and public trials shall not take j)lace until after the close of the session, and the production of the requisite certificates. 150. Leave having been obtained from the Synod, the Presbytery proceeds with the student's public trials on subjects previously prescribed. These shall embrace a Greek or Hebrew critical exercise ; a Latin thesis ; an expository lecture; a popular sermon; an examination in theology and church histoiy. 151. The trials being finished, and the members having had an opportunity of expressing their opinions, the Presby- tery takes a conjunct view of the whole, and if satisfied therewith, sustains the trials. If the trials are not sustained, the Presbytery may prescribe new trials, or otherwise dis- pose of the case as it sees fit. For the purpose of properly conducting these examinations it is recommended to Presby- teries to assign particular subjects to particular members, who shall be a standing committee of examination for the year ; but no member of Presbytery shall by this arrange- ment be deprived of the right of putting questions in open court should he still deem it necessary. 152. If the trials are sustained, the Presbytery proceeds to license the student in the manner following : — (1.) It requires satisfactory answers to the questions appointed to be put lo candidates for license ; after which the candidate signs the formula. (2.) The moderator engages in prayer, and then addresses the candidate in words to the following effect: — "In the name of the Lord Jesus Christ, the only King and Head of the Church, and by the authority of this Presbytery, I license yo" tf ' each the gospel within its bounds, or wher- ever G V i . i'rovidence may order your lot." The model '. ?cir ,»jisels him in suitable terms. The clerk is instr: .. ' him an extract of license. 153. A scuaeuw, under trials for license, may, for good cause shown, be transferred to another Presbytery, at any stage of his trials. 1 RULES AND FORMS OP PROCEDURE. 31 1 , CHAPTER XIII.— CALLING, ORDINATION, SETTLEMENT, DEMISSION, AND DEATH OF MINISTERS. 154. When a congregation agree, at a meeting convened by authority of the Session, that they are prepared to call a minister, they petition (Form A) to the Presbytery of the bounds for moderation in a call, and appoint comniissionera to support their petition. It is the duty of the commis- sioners to give such intbrmfition as the Presbytery may require, respecting the unaiimity of the people in the matter, their ability to support ordinances, their church property and management, and their circumstances generally as a congregation ; to present to the Presbytery a duly certified copy of the communion roll ; and to assure the court that the congregation will be ready on the day of moderation to submit a guarantee of stipend (Form J). 155. A person eligible for election to a charge must bo of good standing, an ordained minister, or a probationer in this Church, or a minister in charge in one of the churches referred to in chapter xiv., sec. 184. 156. If satisfied with the representations made and the documents submitted to them, the Presbytery grant the prayer of the petition, and resolve to moderate in a call, either appointing a meeting for the purpose or deputing one or more of their number to attend to the duty, intimation of the appointment (Form B) is given to the congregation on two Sabbaths before the day of moderation. The Presby- tery appoint one of their number to conduct public service on the occasion. 157. All communicants in good standing are entitled to vote in the election of a minister and to sign the call. 158. At the close of the service on the day of moderation the officiating minister announces the purpose of the meeting _ and notifies parties concerned to remain. The form of call (Form C) is then produced and read. The congregation are asked to say whose name they wish to be inserted in the call, sufficient time being allowed for nominations. A vote is taken in the manner provided for in the rules of pro- cedure, chapter vi. The nominee who is thus chosen is declared duly elected, and hi» name is inserted in the call, 32 RULES AND FORMS OF PROCEDURE. Ill ji: III m, which is again read. Parties qualified are then invited to subscribe the call. 159. Sufficient opportunity having been allowed for signing the call the officiating minister attests the same according to Form E. 160. Adherents of the congregation, being of the age of discretion, may concur in the call (Form F). 161. The call and concurrence thus signed may be entrusted to the elders, that members and adherents, who may not have subscribed on the day of moderation, may attach their signatures, but such signatures must be attested by at least one elder (Forms G and I). 162. The congregation appoint commissioners to appear before the Presbytery when the call is under consideration. 163. At their first meeting after moderation at which it is competent to take up the matter, the call with relative documents is laid on the table of the Presbytery, the minister wlio ofliciated at the moderation repoi"ts the fulfil- ment of his appointment, and the Presbytery proceeds to consider the call. When the Presbytery itself moderates in a call, the Presbytery may, at that meeting enter on the consideration of the call and dispose of it. If the. court is satisfied, the call is sustained, and in the case of a licentiate or an ordained minister without charge is presented or sent to him, and he is required to intimate his decision to the Presbytery within one month. 164. On the acceptance of the call, the Presbytery re- quires, in the case of a licentiate, an extract of his license and a Presbyterial certificate, and in the case of an ordained minister without a chai'ge, an extract of his ordination and a Presbyterial certificate. 165. On finding these documents to be satisfactory, if the person accepting the call is a licentiate, the Presbytery pre- scribe his trial discourses, namely, a lecture, a popular, sermon, and a Greek or Hebrew critical exercise. He is also examined on Biblical Greek and Hebrew, Theology and Church History. 166. The Presbytery having heard the trials, takes a conjunct view of the whole, and if satisfied, sustains them. It fixes the time for ordination and induction, and appoints f RULKH AND FORMS OF PHOC'KDIRE. 33 re- alise led tud } a fcm. lits one of its number to serve the edict (Forms K and L), which is to be publicly read in the congregation on two Sabbaths previous to the induction. It also arranges for contlucting the ordination and induction services. 167. The congregation having assembled, and the Pres- bytery having been constituted, the e Jict is retui-ned, l)ertring attestation that it was duly served, and proclamation is publicly made in these terms : "If any person has objections to offer against the life or doctrine of (A. B.) let him appear before the Presbytery and lodge certification thereof with proof." If objections beofiered, proceedings are stayed until they are disposed of. If no objector appear, the minister appointed begins the usual order of public worship. After sermon and prayer, the minister appointed to preside narrates the principal steps which have been taken towards filling the vacancy. He then calls on the minister elect to answer the questions ap- pointed to be put to ministers before ordination. 168. Answers satisfactory to the court having been given the candidate for ordination kneels in the midst of the brethi-en. The presiding minister then engages in prayer, during which by the laying on of the hands of the Presbytery, the candi- date is solemnly set apart to the ofl&ce of the holy ministry, and committed for guidance and success therein to the grace of God. Thereafter he gives him the right hand of fellow- ship, saying unto him : — "In the name of the Lord Jesus Christ, the only King and Head of the Church, and by the authority of the Presbytery of , I invite you to take part of this ministry with us, induct you to the pas- toral charge of this congregation, and admit you to all the rights and privileges thereto pertaining." The other mem- bers of Presbytery then give him the right hand of fellowship. 1 69. The minister and the people are then exhorted as to their respective duties by the brethren appointed to that service. Before the benediction is pronounced, the eldere, trustees and managers or deacons, are requested to remain with the Presbyteiy after the dismission of the congregation, and the people are informed that they will have an opportu- nity of welcoming their minister as they retire from the church. Ill III ilii' 34 RULER AND FORMS OF PROCEDURE. Ill-' 170. The minister ordained is required to subscribe the formula of adherence to the Confession of Faith, (Form M) after which his name is added to the Roll of Presbytery. 171. The Pi-esbytery then consult with the office-bearera of the congregation respecting their aftairs, and give such advice and direction as may seem to be called for. 172. It is deemed desirable that the managers or deacons shall be prepared to make the first payment of the stipulated stii)end. 173. When the minister elect is already ordained trials are not prescribed, nor niay the act of ordination be repeated. Satisfactory answers to the questions appointed to be put to ministers at their induction having been received, the officiating minister, after praying, gives the minister elect the right hand of fellowship, saying imto him : — " In the name of the Lord Jesus Christ, the only King and Head of the Church, and by the authority of the Presbytery of , I induct you to to the pastoral charge of this congregation, and admit you to all the rights and privileges thereto per- taining." In all other respects the procedure is the same as in the preceding sections. 174. In the tiunslation of a minister all the steps required for calling and inducting are taken, as prescribed in the fore- going secticHis, except that the production of documents mentioned in section 164 is unnecessary. 175. In the case of a minister being called from one con- gregation to another in the same Presbytery, if the Presbytery sustains the call, he is summoned apud acta, or by letter if he is not present, to appear at the next meeting of Presbytery to be held not less than fifteen days thereafter, and tlie reasons for translation together with the guarantee of stipend ( Foi*m J ) are handed or sent to him. A member of Presbytery is at the same time appointed to preach to his congr^ation and give notice of the election which has taken place, lodging with them a copy of the reasons of translation, and summoning them to appear for their interests at next meeting of Pres- bytery, with certification that, failing to do so, they shall be held as consenting to the translation of their minister. 176. In the translation of a minister from a charge within the b )unds of another Pi-'jjbytery, the call is transmitted to \ HULKS AND I'ORM.S OF I'KOCEDirRK. 35 the Pi'«>il)ytery of which h« is a momber, with reiisons of traiisliilioii and extract iiiimitos of the proceedings, and a certified co[»y of the gimrantee for payment of stip(;nd, if the same has not been embodied in the call. Comiuis- sioners for prosecuting th(5 call are appointed both by the Presbytery and the congregation. Intimation is given to the minister receiving the call, and also a copy of the refisons ; the same rule in regard to the citation of the con- gregation of the minister who is called must 1x3 obsijrved as in the preceding case. 177. Unless the minister called intimatf» to his Presbytery that he will not acco[>t the call, the Presbytery at least ten days before it adjudicates therein, cites his congregation to appear in their own interests and show cause if advised against the translation. (Form N.) 178. At the meeting of Presbytery at which the call to a settled minister is finally dealt with, all parties having been summoned are expected to appear for their interests. They are heard in the following order : — First : In the case where the call is from another Presbytery, comraissionera from that Presbytery and the com missioned from the congregation calling ; secondly, commissionei's from the congregation of the minister who is called ; thirdly, the commissioners pro- secuting the call in reply. The minister is then asked to State his mind on the subject ; thereafter the Presbytery takes such action in the premises as io may see fit. 179. Ministers ordained as missionaries, but without reference to the exercise of their office in a particular charge, are set apart in the manner above stated with the necessary alterations in the qriestions addressed to the candidate. (See questions in Appendix). 180. If the presbytery resolves to translate, it instructs the minister called to wait for, and obey the orders of the other Presbytery, transmits extracts of its proceedure, craves notification of the induction, and, with all convenient speed, causes the congregation, whose minister has been so trans- lated, to be declared vacant. (Form P). 181. When a minister offers resignation of his charge, the Presbytery cites the congregation (Form O), as in the case of a translation, and thereafter proceeds to accept or refuse 30 RIIhKS AND KOUMS OF 1»R(MED!TKE. his resignation as it sees canse. ()n accepting the resignation, it takes steps for declaring the charge vacant (Form P). 182. When a minister from age or infirmity proposes to retire from the active duites of the ministry, he makes appli- cation in writing to the Presbytery, furnishing whatever information may V>e necossary, and in case of infirmity a satisfactory niedical certificate. The Presbytery there- ii|)on visits his congregation, and summons them to appear by commissioners at a subsequent meeting, that they may be heard for their interests, and that the Presbytery may confer with them anent a retiring allowance to the minister, to take effect on the acceptance of his resignation, and any other matters affected by his proposed retirement. It then considei's the whole matter, records its judgment, and sends up the minister's application, its own judgment thereon, and all relative documents to the General Assembly, to whom it belongs finally to determine in the case. 183. When the minister of a charge has been removed by death, the membei-s of Presbytery attending his funeml meet together and record such particulars regarding him as they may deem important, leaving it to the Presbytery at its next meeting to adopt any minute which may be deemed desirable. They may also arrange for supplying the pulpit until the next meeting of Presbytery at which they shall report their proceedings. CHAPTER XIV.— ADMISSION OF MINISTERS A:^D LICENTIATES FROM OTHER CHURCHES, 184. Any minister who is a settled pastor jn a Church which holds the same doctrine, government, and discipline, as this Church, and who is regularly called by a congrega- tion of the Church, may be received by a Presbytery, on presenting a Presbyterial certificate ; but the Presbytery, if it sees cause, may refer the case to the Assembly. 185. Ministers and licentiates expressly designated or commissioned by the Churches in Great Britain and Ireland, may, on producing their commissions, be admitted by Pres- byteries as ministers or probationers of this Church. RULK8 AND FURMM OK FRUCKDURE. X 180. Ill all cases in which an applicant for admiflsion does not come in the manner provided above, but with a Presbyterial certificate only, he cannot be received into full standing as a minister or probationer of this Church without permission of the General Assembly. 187. The Presbytery, at an onlinary meeting holds private conference with the applicant for the purpose of ascertaining his doctrinal views, his literary attainments, and other particulars. If satisfied, the Presbytery records its judgment, and agrees to transmit the application, with extracts of its proceedings thereon, and relative documents, to the next General Assembly, and instructs its clerk to issue circular letters forthwith to the other Presbyteries. 188. If the Presbytery is unanimous in transmitting the application, it may, in the meantime avail itself of the applicant's services. 189. If the Assembly grants permission, the Presbytery may, on his satisfactorily answering the questions appointed to be put to ministers or probationers, and on his signing the formula, receive him as a minister or probationer of this Church. 190. When the church to which the applicant belonged is not a Presbyterian Church, the applicant is required to apply to the Presbytery within whose bounds he resides, and to produce documentary evidence of his good standing as a minister'in the church to which he belonged. If the Presbytery is satisfied with such evidence, they proceed to confer with him, and answers are required to the following questions : — (1.) What course of study has he passed in Arts and Theology ? (2.) When, where, and by whom was he ordained to the ministry ? (3.) Has he ever been connected with any other church than that from which he brings documents, and if so, in what capacity ] (4.) What are his reasons for applying for admission to this Church : and what has led to his change of views i (6.) How long has he resided within the bounds of th© presbytery 1 t I I I 38 nULES AND FORMS OF PHOf'KDUTlE. 191. If satisfied with his answei-s to these questions, the Presbytery further enqu'ros as to the degree of success which has attended the previous ministry of the applicant. If Siitistied as to the probability of his usefulness in the Church, and as to his christian character and good report, the Presbytery records its judgment on the whole case, and resolves to apply for leave to admit him. The answers given, and the information obtained are embodied in a report which is ti-ansmitted to the General Assembly, with extracts of its procedure, and other documents. 192. The Presbytery, on receiving a duly certified extract of the Assembly's deliverance in the matter, takes such further action as is called for. 193. All applicants for admission to the Church, other than those referred to in section 185, are required to appear personally before the General Assembly. ) Hill 11 1| M-iil CHAPTER XV.— THE CONGREGATION. 194. A mission station or a congregation may be formed by the Presbytery of the bounds, either on its own motion or on application of any number of persons who declare their adherence to the principles of this Church. 195. Before taking action the Presbytery gives intimation to the Sessions of the congregations in the neighbourhood which may be affected by the proposed action, that they may appear and be heard for their interests. 196. The Presbytery appoints one or more of its members to hold a meeting with the people and ascertain the names of the persons adhering. After due inquiry and hearing parties interested, the Presbytery may resolve to fonii there a mission station or congregation ; it grants supply of ordinances and takes the necessary steps for complete organ- ization. 197. The Presbytery as soon as practicable makes up a communion roll, and appoints an interim Session to act until such time as a permanent Session is obtained. 198. A congregation, b3fore proceeding to erect a place of woi*ship, should obtain the Presbytery's approval of the site, RULES AND FOHMS OF TROt'EDURE. 39 a let 199. The members of n congregation entitled to all Church privileges are those who, upon profession of faith "in Christ and obedience to Hiu), have been received by the Session into full communion. Being within the covenant, the children of such [)ersons are also members and enjoy the superintendence of the Church ; and it is their duty, when they arrive at years of discretion, to seek admission to full communion. {Fov mode of admission, see Chapter i, sec. 13). 200. Members in full communion are entitled to vote at all congregational meetings ; and to these alone belongs the right of choosing ministers, elders and deacons. 201. Members have, in all cases, access to the Session with complaints against fellow members, or in reference to any matter affecting the congregation or the Church. In regard to complaints against membei*s, see Chapter xviii., sec. 244-250. Complaints against ministers are brought directly before the Presbytery. 202. Members have access through the Session to the higher courts with petitions and overtures ; and when the transmission of such papers is refused by the Session, mem- bers have the right of ap|jeal as provided for in other cases- 203. A member in good standing on applying to the ses, sion for a certificate of disjunction is entitled to receive the same without undue delay. 204. A member on presenting such certificate to any Ses- sion is admitted into membei'shij), and becomes entitled to all the privileges and pledged to nil the duties of a member in the congregation with which he is thus connected. 205. Members are under the inspection and subject to the authority of the Session until they are either disjoined by certificate, or cut off in the exercise of discipline. Sessions on granting certificates to those who have withdrawu irregularly, shall give such statement of the facts as they may deem called for. 206. A member of one congi'egation cannot be admitted into another until he produces a certificate of disjunction, 207. A member whose name has been dipped from the roll of a congregation, or declines the jurisdiction of a S^S:. 40 RULES AND FORMS OP PROCEDURK. siou cannot be restored to the fellowship of the Church by another Session until it has corresponded with the Session by whose deed he has been set aside, or whose jurisdiction he has declined, and obtained its consent to deal with him with a view to restoration ; if that consent is refused, the case may be referred to the Presbytery 208. When a member withdraws from the fellowship of a congregation without applying for a certificate of disjunc- tion, or declines the jurisdiction of the Session, or removes from the bounds while under discipline, and his name has in consequence been removed from the communion roll, or when his name has been removed by process of discipline, he cannot be received into fellowship by the Session of another congregation without correspondence with the Ses- sion of the congregation from whose roll his name has been removed. 209. A congregational meeting is called by notice from the pulpit on the Lord's day. The notice specifies the object of the meeting, and is given on at least one Sabbath previous to the day of meeting, unless otherwise provided for in the constitution of the congregation, or by the rules of the church, as in the calling and settlement of ministers, or the election of elders, when notice on two Sabbaths is required. 210. Meetings for strictly spiritual purposes are called by authority of the Session ; meetings for temporal business may be called by authority of the deacons or managers. 211. At meetings for spiritual purposes the minister of the congregation, or the minister appointed by the Presby- tery presides, and the Session clerk acts as secretary. At meetings held for temporal purposes the minister, if present, is entitled to take the chair, and when he is not present the congregation choose a chairman for the time and also a secretary, 212. Due provision should be made by the congregation for the service of praise, under the direction of the Session and subject to its control. The precentor or conductor of the service of praise may be chosen by the congregation, but his appointment must, in all cases, be approved by the Session to whose authority he is subject and whose orders he is bound to obey ; and he must be fitted by his character foil' the service, which he renders in the House of God. RULES AND FORMS OF PROCEDURE. 41 pion kon of nit bhe lers Iter During a temporary vacancy the Session takes steps for the conduct of the service of praise. 213. Congregations may adopt regulations for the manage- ment of their business ; which, however, must be consistent with the constitution and enactments of this Church, and be sanctioned by the Presbytery of the bounds. The following are recommended for the guidance of con- gregations : (1.) The congregation shall hold an annual meeting for the transaction of its business, of which due notice shall be given. (2.) All members in full communion are entitled to attend this meeting, or other similar meetings of the con- gregation, and vote on all matters which may be submitted. (3.) The management of the temporal affairs of the congregation, including the care of the property, the collection of all contributions for the support of ordinances, the pay- ment of the minister's stipend, and salaries of precentor, door-keeper, etc., and other expenditure shall be committed to the charge of managers, who must be members in full communion, and shall regulate the administration of the matters committed to their charge, by these rules, and shall also observe any special directions which may from time to time be given them by the congregation. (4.) One-third of the managers shall annually retire by rotation and their places, with the places of any who die or vacate their office during the year, shall be filled at the annual meeting. The retiring managera may be re-elected. (5.) The managers shall appoint their own chairman, treasurer, and secretary; and the congregation shall also elect two persons, members of the congregation, as auditors of accounts, who shall report to next annual meeting. (6.) If any manager is cut off from privileges by the Session, or leaves the congregation he shall forthwith cease to act as manager. (7.) The managers shall hold a meeting at least once every quarter. Tlie meeting shall be called from the pulpit on the Sabbath preceding, or by personal notice to the individual managers; and the secretary shall convene a meeting when required to do so by one-third of the managers. 1 I 42 RULE3 AND FORMS OF PROCEDURE. I i ill ! m\: (8.) At these meetings three shall be a quonim. The chairman shall have a casting, but not a deliberate vote. (9.) The treasurer shall keep a book of accounts, shewing receipts and expenditure, and shall produce the same at the annual meeting, duly audited. (10.) The secretary shall keep a minute book, accessible to the managers at all times, wherein all minutes of meetings of the managers and of the congregation shall be entered ; which minute book shall be signed by the chairman and secretary. (11.) At the annual meeting the managers shall present a report of their proceedings, wii • an abstract of receipts and expenditure during the year, ;v:'^ >i statement of the present financial condition of the conpj :gation. (12.) The managers shall not have power to contract debt on the security of the property, without the special authority of the congregation. (13.) 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 is first proposed, but if entertained it shall lie over to be decided upon at the next annual meeting, or at a special meeting called for the purpose, not earlier than two weeks after being so entertained ; and such alteration shall be submitted to the Presbytery for approval. 214. In congregations where a Deacon's Court exists, it is entrusted with the management of the whole secular and financial affiiirs of the congregation. 215. Trustees to hold the property for the congregation are appointed by the congregation, and should be members of the Church. Great care should be taken to clearly define the purposes of the trust, and the powers, duties, obligations, and mode of appointment of the trustees and th«ir successors. Model Trust Deed will hereafter be provided. 216. Members dissatisfied with resolutions passed at a congregational meeting, may dissent and complain to the Presbytery, and crave extracts ; in which case the meeting appoints commissioners to appear before the Presbytery to answer the complaint; and the complaint itself, with i RULES AND FORMS OF PROCEDURE. 43 The reasons, is lodged by the complainants with the Session at its first meeting, for transmission to the Presbytery, 217. Before a congregation apply for moderation in a call they agree as to the amount of stipend, and empower the commissioners to the Presbytery to report the su lue, and to give any information the Presbytery may require. 218. It is the duty of all the membei-s of the congregation to exert themselves by contributing as God has prospered them, to raise the stipend promised, and to increase it as circumstances require. 219. If a congregation is not paying the stipend as promised, the Presbytery, on becoming cognizant of the fact, makes enquiry, and takes what steps may be called for in the premises. 220. It is the duty of the congregation to make returns regarding their statistics and finances, as may from time to time be required by the superior courts. CHAPTER XVI.— ELECTION AND ORDINATION OF ELDERS. 221. The right of electing elders is vested in the members of the congregation who are in full communion. 222. The number of elders is to be regulated by the cir- cumstances of the congregation. 223. It belongs to the Session to determine when an addi- tion should be made to its number ; but it is competent for members of the congregation to petition the Session to this efiect. 224. When the Session has resolved to add to the number of elders, it fii-st gives notice of this resolution to the con- gregation, and proceeds in the manner following : (1) A meeting of the congregation is held for the pui*poso of nominating persons qualified to fill the office. At this meeting a list is made of the names in full of persons duly proposed. This list is then submitted to all the communi- cants, who are required to return to the Session, on or before a fixed date, the votes duly signed. At a meeting held there- 44 RULES AND FORMS OF PROCEDURE. li!' after the Session examines tlie voting papers, ascertains who liave the highest votes, deelat'es them elected, and orders the names of the pei-sons so elected to be publicly announced. (2) It is competent for the Scostion to hold an election without a previous meeting for nomination, in which case the requisite number may be elected by oi)en vote, by calling the roll or by ballot. (3) It is competent for the Session to ask the members to give in on a specified day ballots duly signed, containing the names of persons to the number required. The Session declares those who have the largest number of votes on examination of the ballots duly elected. (4) After the election, the Session deals with the elders elect as to the propriety of their accepting office. On their expressing their willingness o a . ot, the Session proceeds to satisfy itself in r-egard to ilieir piety, prudence, and know- ledge of Divine truth, of th'^ government and discipline of the Church, and of the duties, of v 3 o^ce. (5) When the Session is satisfied, it appoints the edict for their ordination to be read before the congregation, which should be to the effect following : Whereas, Messrs. A., B., and C, members of this church, have been duly elected to the elderehip by this congregation, and approved by the Session ; notice is hereby given that the Session will proceed to ordain them to that office on the day of at o'clock unless some valid objection to their life or doctrine has been given in to the moderator within ten days from this date. (6) If no valid objection is made, on the day appointed for ordination ths Session is constituted. After sermon the moderator narrates the previous proceedings, calls forward the elders elect and puts to them the prescribed questions. Satisfactory answers being received, the moderator proceeds by prayer to ordain them to the office of Kuling Elder, com- mending them to the grace of Grod for comfort, aid and countenance in the exercise of their office. The right hand of fellowship is then given to the persons thus ordained by the minister and other elders present, in token of their taking part with their brethren in the oversight of the con- gregation. Suitable exhortations are addressed to the newly RULES AND FORMS OF PROCEDURE. 45 ordained elders and to the people, and the names of these eldera are added to the roll of the Session. (7) Elders retain office for life unless they are deposed. If they demit their office, the congregation should be very cautious in again calling them to exercise it. (8) Elders coming within the bounds of a congregation, although received into full communion, cannot be admitted into the Session, unless they are elected by the congregation and duly inducted. CHAPTER XVII.— THE DEACONS' COURT. 225. The Deacons' Court is composed of (1) the minister or ministers of the congregation; (2) the elders; (3) the deacons. 226. The duties of the Deacons* Court are to give special regard to the whola temporal affairs of the congregation, more particularly to attend to the gathering of the peoples contributions for the sustentation of the ministry and the schemes of the Church, and to receive all contributions and donations made for these purposes. To attend to the wants of the poor of the congregation, and to discharge all the duties assigned to managers as laid down in section 213. 227. Deacons are elected by the members of the congre- gation in full communion, and the same rules and forms are observed in their election and ordination as in the case of elders. (See preceding chapter.) 228. The deacon holds office till removal by death or de- position, or until his resignation is accepted by the Session. 229. The officials of the Deacons' Court are : (1) The moderator or chairman ; (2) the clerk ; and (3) the trea- surer. 230. The minister, when present, is moderator. Where there are colleagues, they may preside either alternately, or according to any agreement mutually agreed upon ; and when the one presides, the other, if present, sits and votes as an ordinary member. In the absence of the minister, any member of the court may be chosen to preside. The chairman has not a deliberative but a casting vote. 40 RULES AND FORMS OV PROHEDURE. 231. The clerk is elected by the court, and is one of its niend)er.s. His duty is to keep an accurate roll of its mem- bers, and a faithful record of all their proceedings, to be engrossed in a book to be provided for the purjjose ; and to have care of papers belonging to the court, which are not entrusted to the treasurer. 232. The treasurer is elected by the court, and is also one of its members. His duty is to keep the whole accounts of the congi-egation, and to receive and disburse all its moneys, subject to the direction and control of the court, except the funds for the missionary schemes of the Church, which are transmitted to the general treasurer. 233. The Deacons' Court meets as often as is necessary, and is convened by notice from the pulpit, or by personal notice to the members. It is convenient to have a fixed time of meeting ; but a meeting may be called at any time by the authority of the minister, or at the requisition of any three members addressed to the minister, or, during a vacancy, to the clerk. 234. Three members constitute a quorum. Every meeting is opened and closed with prayer, and this must be stated in the minutes. 235. The practice and procedure laid down in the rules for the guidance of managers shall be held, as far as practicable, to aj)ply to Deacons' Courts. 23(^. Each deacon should have a district of the congrega- tion assigned to him. It is liis duty to see that the funds for the different departments of the work of the congregation are regularly gathered in; and it is also his duty to visit his district, to cultivate an acquaintance with all within its bounds, and to seek to stimulate by any christian and pru- dent means the liberality of the portion of the congregation assigned to him. 237. The Deacons' Court and Session are co-ordinate courts, subject to the Presbytery, and having separate and independent jurisdiction, there is, therefore, no appeal from the one to the other ; nor can the procedure of the one be reviewed by the other, while each remains within its own province. RULES AND FORMS OF FROC'EDURE. 47 238. Any member of the congregation or of the Session may petition tlie Presbytery agjiinst tlie procedure of the Deacons' Court, on the ground of excessive jwwer, or dis- regard of the Jicts of AssemV)ly. The court is bound to furnish extmcts to parties concerned in their procedure in the same manner as the Session. 239. The record of the court, m ith the treasurer's account of receipts and expenditure, duly audited, is annually sub- mitted to the Presbytery for the purpose of examination and review. CHAPTER XVIII.— DISCIPLINE. GEKERAL PROVISIONS. 240. Discipline is an exercise of that spiritual authority which the Lord Jesus Christ has appointed in His Church. Its object is threefold ; the glory of God, the purity of the Church, and the spiritual good of the offender. 241. In the exercise of discipline, there ought to be no intermeddling with matters which are purely civil. And, while watchfulness is exercised over the flock, no undue solicitude should be discovered to pry into the private con- duct or family concerns of individuals, to interfere officially in personal quarrels, or to engage in the investigation of secret wickedness. 242. If a scandal happen not to be noticed in order to censure, for the space of five years after becoming known, it should not be again revived, so as to enter in a process there anent, unless it be of a heinous nature. But in such cases the consciences of offenders ought to be seriously dealt with in private, to bring them to a sense of theu* sin and duty. 243. An Offence is anything in the principles or practice of a member of the church, which is contrary to tlie Word of God. Hence nothing is to be regarded as cause of disci- pline, which cannot be shown to be condemned by scripture, or by the established regulations and practice of the church, founded on scripture. 244. The proper subjects of discipline are church mem- bers ; not only membera in full communion, but also baptised persons who have arrived at the years of discretion. 48 KULES AND FORMS OF PROCBDURB. 'ill 245. Every offonce is not necessarily an occasion for the exercise of discipline ; and when a charge is made against any member or office-bearer of the church, the court before which it is made makes diligent inquiry, in the case of offences of a private character, as to whether the offender Las been privately dealt with ; and in other cases, as to the gravity and publicity of the offence ; and before entering on a formal process, informs the party accused of the charge brought against him, and deals affectionately with him for the removal of the scandal. It is only when such dealings have been ineffectual that a formal process is begun. 246. Judicial process may be necessary when some com- petent party complains and undertakes to prove the charge ; or when a /ama so loudly proclaims the scandal, that the honour of religion requires tlie matter to be investigated, or when an individual, suffering under alleged slander, requests a judicial investigation. 247. Before commencing process, a court, with the view of reclaiming an offender by tender treatment, uses private means by friendly conference or a committee to bring him to a sense of his guilt. 248. Before commencing process on the ground of a /awa, a court must be satisfied that such /ama really exists ; and no rumour is to be considered as such unless it specifies some particular sin or sins, is widely spread, generally be- lieved, and has^strong presumption of truth. 249. The parties to a process are the accuser and the accused ; and in process on the ground of a fama, the court, if it deems proper, appoints one of its members as prosecu- tor, who acts as the accuser, or the court itself may so act. In case of appeal, the parties become appellant and respondent, 250. Great caution is to be exercised in receiving accusa- tions from any person who is not of good character, who is himself under censure or process, or who is personally inter- ested in the conviction of the accused. 251. Ary accuser, but especially the accuser of a minister, if he fail to show good cause for the charge made, may him- self be censured as a slanderer, in proportion to the malignity or rashness with which he may appear to have acted. y HITLE.S AND FORM!i OF FROOEDURB. 4tf 252. Great caution should l)e exercised in taking np judi- cially an evil report, and preferring or receiving a charge against a minister of the gospel ; and a private member of the church, before making public any oflence of which he is cognizant, should apply to some experienced member of the Pi-esbytery for advice. If the offence has been committed without the bounds of the Presbytery to which the minister belongs, it is the duty of the Presbytery within whose bounds it has been committed, to send notice to the Presby- tery of which the offender is a member, stating the grounds of the charge. The Presbytery thus notified proceeds as in case of di,faina. CHAPTER XIX.— MODE OF PROCEDURE. 253. Primary jurisdiction over ministers and licentiates belongs to the Presbytery, and over other church members to the Session ; but the Superior court may institute process when the court of primary jurisdiction has been enjoined to do so, and has refused or neglected to obey. 254. No charge is to be received by any court unless it is presented in writing, with particular specification, as far as possible, of time, place, and circumstance, and is accompa- nied by a list of witnesses, and a statement of any other evi- dence proposed to be adduced. 255. If the accused is present, he may at this stage be solemnly and affectionately dealt with in reference to the charge. If he confesses or admits the charge, the court proceeds to judgment. The confession is to be signed by the accused, if deemed expedient by the court. 256. If the charge is denied, the accused is furnished with a copy of the charge, list and statement above referred to. Parties and witnesses are then cited to appear at a subse- quent meeting, to be held, in the case of a Presbytery, not earlier than ten clear days, and in the case of a Session, noc earlier than two clear days, after the service of the citation. 257. At this subsequent meeting, the accused, having compeared, is again affectionately dealt with in reference to the charge. If he denies it, the trial proceeds, and witnesses for all parties are examined. 3 AD RULES AND KOIIMS OY FHOCEDLKL*. 258. If the accused refuHes to obey the first citation, he is again citod to ap|>Oiir within a reanonable time to be spe- cified^ with cortitication that if he docs not api)oar, the coui*t, besiden dealing with liint for contumacy, will proceed with iiiG case as if he were present. 259. If the accused pni'posely absents or secretes himself, 80 that process cannot be served on him, the court niay sus- pend him until he appears and answers. 260. Before proceeding to trial, or to censure for contu- macy, the court muHt ascertain and record the fact that its citations have been duly served. 261. When the evidence is closed, parties are heard and removed, and the court proceeds to deliberate ; and, if pos- sible, comes to a judgment, acquitting or condemning the accused, either wholly, or to such extent as the evidence warrants. 262. Minutes of the whole proceedings are kept by the clerk of the court, but no entry is made in the permanent record until the trial has been completed. If the accused is acquitted the minutes are then destroyed, and no entry of the proceedings made in the i*ecord. If the accused is con- victed, the charges, the answer, and the judgment are re- corded, and the whole minutes of the trial, including all the citations and certificates of the service thereof, the acts and orders of the court relating to the cause, and the evidence adduced, are attached together and kept in retentis. 263. The accused cannot be put upon trial a second time upon the same charge, if upon the first trial he has been found not guilty. 264. In case of an appeal or complaint, these minutes, together with the notice of appeal or complaint, and the reasons thereof, if any have been minuted or filed, are duly authenticated by the clerk, and transmitted to the higher court. These papers are called the " judicial record." Nothing can be taken into consideration in the higher couH which is not cctained in the said record. 265. All parties are entitled to copies of the judicial record or extracts therefrom, at their own expense. 266. Decisions on points of order or evidence need not be minuted unless desired by r party. RCLKS AND FORMS oV PROCEDURE. II not CHAPTER XX.— CITATIONS. 207. Citations aro in writing, and may bo served by one of the partios, or by any coinjuitent poi'son. A certificate of the serving of citation shall in all cases bo lodged with the court. Any person, either party or witness, who may b '^ent at a meeting of the court, may be cited apud acta. IVxuiiibers of the church are bound to obey the citation of any church court, and, in case of refusal, are liable to censure. 268, When it is judged proper by a court to procee I by libel, a copy of the libel must be delivered to the accused person in the presence of the court, or, in his absence, a copy of the libel and of the citation, signed by the clerk, are delivered to him personally, or left at his place of resi- dence, at least ten clear days before the time appointed for hearing the case. 269. Every such citation" must specify, 1st — The court before which the accused is to appear; 2nd — The name of thf 'ccused ; 3rd — The time and place of appearance ; 4th — T ame of the accuser ; and, 5th — A general dtclaration 0* J offence charged ; and must be accompanied, in the first instance, by a certified copy of the libel, and a list of witnesses and documents intended to be produced in evidence. 270 Witnesses who are members of the church are c'+ed by authority of the court; other persons can only be re- quested to attend and give evidence. 271. Congregations may be cited by the Presbytery, Synod or General Assembly, to appear in regard to any matter in which they may be interested. 272. When it is deemed necessary to cite a congregation, the citation is directed to the Session, through its moderator, with instructions to call a meeting of the congregation, for the purpose of appointing representatives to answer such citation; for this purpose the citation is to be read from the pulpit on the Sabbath preceding such meeting of the con- gregation. 273. Citations addressed to congregations are issued in the name and by authority of the court citing, are signed by its clerk, and specify the object of the citation, together with the time and place at which appearance is to be made. 52 RULES AND FORMS OF PROCEDURE. 274, When congregations are duly cited, they appear by their representatives. If no appearance is made, they may, if the case require, be cited a second time, with certifica- tion that if no appearance is tlien made, they will be held as acquiescing in the decision of the court in the premises. 275. A superior court, for sufficient cause, may cite an inferior court to appear before it. This may be done by letter addressea to the moderator and clerk, and signed by the clerk of the superior court. CHAPTER XXI.— EVIDENCE. 276. Church courts are to be very careful and impartial in deciding on the credibility of witnesses. 277. Disbelief in the existence of God, or in a future state of rewards and punishments, or inability to understand the obligation of an oath, involves incompetency. 278. A party has a right to object to a witness, and the court decides on his competency. 279. Persons in the relation of husband and wife, parent and child, are not .compellable to give evidence for or against each other. 280. The credibility of a witness may be affected by rela- tionship to one of the parties; by interest in the result of the trial ; by weakness of understanding ; by infamy of character ; by being under censure ; by rashness, indiscretion or malignity of disposition; or by other circumstances. 281. The questions put must be more or less pertinent to the cause. No evidence is received except what is matter of knowledge or cause of knowledge of the witness. What a witness has heard is never to be received, except it be what he has heard said by a deceased person, by the accused, or by one in presence of the accused. 282. In order to refresh his memory, a witness may refer to writings and memoranda made by himself, unless they were made primarily to be used when giving evidence. RULES AND FORMS OF PROCEDURS. 53 the )fer ley 283. Leading questions are not to be. put to a -witness, but on cross-examination, or in the case of an unwilling witness, greater latitude is allowed. 284. No witness is bound to criminate himself. 285. The testimony of more than one witness is necessary to establish a charge. If several credible witnesses testify to different acts of a similar nature, or to confirmatory cir- cumstances supporting the same general charge, the offence may be considered proved. 286. Unless by consent of parties, witnesses, other than members of the court, who are yet to be examined, are excluded while other witnesses are under examination. 287. Witnesses may be examined on oath. The court may, however, accept a solemn affirmation instead of an oath. Such oath or affirmation shall be in the following terms : " I solemnly declare, in the presence of the omni- scient and heart-searching God, that I will speak the truth so far as 1 know or shall be asked, as I shall answer to God at the great day of judgment." 288. Witnesses are examined in the presence of the parties (if compearing), and the opposite party is at liberty to cross-examine, asking, through the moderator, any rele- vant questions. 289. Witnesses are first examined by the party producing them, then cross-examined by the opposite party ; and there- after, any member of the court desiring to put a question, may do so through the moderator. 290. Depositions are taken down in writing, read over to, and signed by the witnesses. The questions in full are not recorded, unless desired by a party as being important. 291. When witnesses cannot attend, their evidence may be taken by commission of the court, or through another church court ; but the parties must receive notice of the time and place appointed for the taking of such evidence. Evidence taken by one court, and regularly attested, is received as valid by any other court. 292. After a trial, the party convicted may apply for a new trial on the ground of newly discovered evidence, and the court, if satisfied that the evidence is material, and 54 RULES AND FORMS OF PROCEDURE. could not with reasonable diligence have been offered sooner, may grant the application. When the new evidence has been taken, the court, using the whole evidence in the cause, proceeds to judgment, as if no former judgment had been given; and the new judgment entirely supersedes the former one. 293. If in the prosecution of an appeal, new evidence is offered, which in the opinion of the Appellate court has an important bearing on the case, it is competent to the court to refer back the t ause to the inferior court for a new trial ; pr, with the consent of parties, to receive the further evi- dence, and bring the case to an issue. 294. After-, the evidence for the prosecution and the defence has been heard, evidence in reply may be adduced by the prosecution. 295. All documents adduced in evidence, or authenticated copies of the same, must be lodged with the clerk of the court. I CHAPTER XXII.-CENSIjTlES AND OTHER CONSE- QUENCES OF DISCIPLINE. 296. The censures of the church are admonition, rebuke, suspension, deposition from office, and excommunication, all which are pronounced by the moderator, in the name of the court. 297. Admonition consists in solemnly addressing the offen- der, placing his sin before him, warning him of his danger, and exhorting him to greater circumspection. 298. Rebuke is a higher form of censure resorted to after conviction or confession of scandalous sins. It may, if the court judge necessary, be publicly administered. 299. Suspension from church privileges follows confession or conviction, and may be for a longer or shorter time : it is added to rebuke, when in the judgment of the court it is necessary in order to impress the offender, and to give public testimony to the church and the world against the offence. 300. Suspension from office is inflicted either with or without limit of time. Suspension of an office-bearer from i .■■ I RULES AND FORMS OP PROCEDURR. 55 church privileges in uniformly accompanied with suspension from office; but the latter may be inflicted without the former. 301. A member or office-bearer of the church, while under suspension, should be the object of deep solicitude and earnest dealing, in order to bring him to repentance. When the court which inflicted the censure is satisfied of the penitence of the offender, or when the time of suspension has expired, (if no new scandal has arisen), the censure is removed, and he is restored. This restoration is accompanied with ad- monition. Restoration to privileges may take place without restoration to office. 302. Deposition of an office-bearer consists in depriving him of his office, in consequence of confession or conviction of heresy or gross immorality. 303. Contumacious resistance of the authority of a church court may warrant the infliction of any ecclesiastical censure. 304. Deposition of a minister, or suspension sine die in- volves the dissolution of the pastoral tie, and the congregation shall be forthwith declared vacant. In suspension for a limited period, the Presbytery decides whether such disso- lution shall take place or not. 305. Excommunication is the highest censure of the church, and is resorted to only in cases of peculiar aggrava- tion, where the offence is obstinately denied, although fully proved; or, if acknowledged, is justified, and where the individual continues impenitent and contumacious. It con- sists in solemnly casting the offender out of the church. 306. A Session does not proceed to deposition or excommu- nication without reference to the Presbytery for advice. 307. When a minister has been deposed, he is not to be restored without the authority of the Supreme Court. 308. When an individual commits an offeiice in the pre- sence of the court, or when he voluntarily confesses his guilt, it is competent to the court to proceed to judgment without process, the offender having the privilege of being fully heard. The record must show the natui*e of the offence, the judgment of the court, and the reasons thereof. 309. Every report injuriously affecting the character of a minister is not to be made the subject of judicial inquiry ; I! : 56 3 I RULES AMD FORMS OF PROCEDURE. but only such reports as involve a serious accusation, and are so prevalent that the interests of religion require their investigation. When, however, a complaint is made against a minister, involving minor matters, such as acts of negligence, or dis- putes with the Session or congregation, but which affect his reputation and usefulness, the Presbytery makes investi- gation without formal process, dealing with the parties interested, with a view to the removal of the offence. When this end is not attained, the dealing may result in a dissolu- tion of the pastoral tie, or in a formal p^ ocess, by resolution of the Presbytery, or by demand of ..^e minister. In no case, however, is a Presbytery to countenance nieasures tending to sacrifice a reputable christian minister to the unreasonable feelings of his Session, or of a party in his congregation. 310. When an office bearer, without regular dismission, renounces the communion of the church by joining another denomination, if the denomination is evangelical, and he is in good standing, the irregularity is noted in the records of the court having jurisdiction, and his name erased. If a charge is pending against him it may be prosecuted. If the denomination is not evangelical, he may, without trial, be declared no longer an office-bearer of the church, or deposed, as the interests of the truth may require. llMi CHAPTER XXIII.— LIBEL. 31 1 . When a chai-ge against a minister or licentiate IS preferred in writing, accompanied with probable evidence, or when there is a fama so clamant as to demand judicial investigation, the Presbytery in the first place institutes a private inquiry by precognition, either before itself, or by means of a committee, respecting the charge or fa'/ua. Jus- tice requires that the party accused bo made aware of this inquiry, and have an opportunity of making explanations. If he wishes to be present, the Presbytery may grant his request. Witnesses must not be precognosced in each other's presence. RULES AND FORMS OF PROCEDURE. Ol 312. When it appears from the inquiry that there exists probable ground for the charge, and the party tvccused, after having been closely and affectionately dealt with, denies, or makes insufficient admission of guilt, the Presbytery resolves to proceed by libel. The charges preferred in the libel are at the instance of the Presbytery, when proceeding on a fama^ or of the accusers, when there are accusers. 313. The Presbyteiy, if it sees fit, ap[)oints one of its members to act as prosecutor, but where the indictment is at the instance of a private party, such party may be re- quired to prosecute. When the libel has been approved generally by the Presbytery, a day is fixed for considering the relevancy thereof The accused is duly notified of this meeting, and furnished with a copy of the libel. 314. A libel is held to be relevant when, 1st, the offence specified is properly a subject of church censure; and, 2nd, the facts specified amount to the offence charged. When the Presbytery meets, the accused is asked if he has any objections to the relevancy of the libel, and the court pro- ceeds to consider the question. If found relevant, and further dealing with the accused fails to produce any satis- factory result, the libel is then served on the accused, together with a list of witnesses to be called, and of docU' ments to be produced in probation. By consent of parties, the trial may at once proceed, or a day is fi:(ed for this purpose. (For mode of procedure at trial, see preceding chapters). 315. If the charge cr charges be found proven^ in whole or in part, the Presbytery then proceeds to the infliction of censure adequate to the guilt established. 316. When in course of process a libel has been found relevant, the accused ipso faoto ceases to exercise the func- tions of his office until the libel has been finally disposed of. CHAPTER XXIV.— SCHEMES OF THE CHURCH. 317. The schemes of the church are the following: — The- ological Education, Home Missions, Foreign Missions, French Evangelisation, Widows* and Orphans' Fund, Aged a,ncl Infirm Ministers' Fund, Assembly Fund, bS RULES AND FORMS OF PROCEDURE. 318. These schemes are managed by boards and commit- tees, which are appointed by the General Assembly, and act under such regulations as the assembly may from time to time adopt. 319. It is the duty of all congregations to contribute to these schemes. And for the more efficient discharge of this duty, it is earnestly recommended by the assembly, that missionary associations be formed in every congregation. Contributions, as received, should be forwarded to the trea- surers of the church without unnecessary delay. [69] mit- l act e to « to this that /ion. /rea- ' ' APPENDIX. FORMS THA T MAY BE USED IK THE FOREGOING PROCEDURE. A.— PETITION TO MODERATE IN A CALL. To the Rev. the Presbytery of Your petitioners, the Gonsregation of , respectfully reauest your Reverend Court to take steps to moderate in a Call ; ana we do hereby assure you that a guarantee for the payment of an annuid stipend amounting to dollars will be ready on the day of moderation. {Place and date. ) A. B., Chairman } ^/- ^i^ ^^^. G. D., Secretary \o/ the meetmg. B.— INTIMATION OF MODERATION IN A CALL. In the name and by appointment of the Presbytery of and in answer to a petition oi the Congregation of a meeting will he held in this Church {or in the Church at ) on the day of instant {or next), at o'clock, forenoon (afternoon or evening), for the purpose of moderating in a Call to a minister. {Place and date. ) A. B., Presbytery Clerk, C— CALL. We, office-bearers and members of the Congregation of being communicants, desirous of promoting the glory of God and the good of His Church, being destitute of a Bxed pastor, and bein^ satisfied by our experience {or by good information) of the piety, literature, ministerial abilites and prudence, and also the suitableness to our edification, of the ^ts you have agreed to invite, as we by these presents do invite and call you to undertake the office of pastor among us, promising you, on your acceptance of this our Call, all due respect, encouragement, and obedience in the Lord, and further engage to contribute to your suitable maintenance as God may prosper us. In witness whereof we have subscribed this Call on this the day of in the year ( The names follow. ) 60 APPENDIX — FORMS. ■ i OR D — TO A MINISTER TO BE COLLEAGUE, OR ASSISTANT AND SUCCESSOR. Same as Fonn C, omitting the words "being destitute of a fixed pastor," and inserting after "pastor among us" the words — in the capacity of colleague, {or assistant and successor), to B.— ATTESTATION OF CALL BY OFFICIATING MINISTER. That in {pursuance of appointment of the Presbytery of this Call has this day been moderated in, and that the communicants to the number of have by themselves, or by me at their request, subscribed the same, is attested by me. (Place and date.) A. B., Minister ojiciating. P.- CONCURRENCE IN CALL. hereby We, the subscribers, adherents of the Congregation of express our concurrence in the Call to ( T?ie names follow. ) - ♦ ■ " G.— ATTESTATION OF CALL BY ELDERS. That Communicants belonging to the Congregation of to the number of have in our presence subscribed, or by their request have had by one of us their names subscribed to the Call in favour of is attested by us, A. B., Elder, {Place and date.) C. D., Elder, H.— ATTESTATION OF CONCURRENCE BY THE OFFICI- ATING MINISTER. That adherents of the Congregation of to the number of have this day signed this Concurrence in the Call to is attested by me. {Pl 62 APPENDIX —FOKMS. of God ; that I own the purity of worship at present authorized by th' . Churoh ; and that I engage to adhere faithfully to the doctrine of the said Confession, ti» maintain and tlofund the said government, to conform to the said worship, to submit to the discipline of this Church, and to follow no divisive course from the present order established therein. A. B.. Minider at N.— CITATION IN CASE OF TRANSLATION. A Call from the Congregation of to the Rev. A. B. , minister of this Congregation, having been laid before the Presbytery of the said Presbytery have agreed to cite, ami accordingly hereby cite, the Session and Congregation to appear at a meeting of the said Presbytery to be held at on the day of instant, {or next ) at o'clock forenoon (afternoon or evening), that they may give reasons, if they have any, why the Rev. A. B.'a translation should not be proceeded with, with certification that if no appearance be made, they shall be held as consenting to his translation. {Place and date.) C. D., Presbytery Clerk, O.— CITATION IN CASP] OF RESIGNATION. The Rev. A. B. resignation before, for "translation." 8., minister of this Congregation, having laid his 3, etc. {as in Form' N.), substituting "resignation" — •- p.— INTIMATION DECLARING A CHARGE VACANT. In consequence of the translation (resignation or death) of the Rev. A. B., formerly minister of this pastoral Charge, the Presbytery of hereby intimates and declares the charge to be vacant, and call upon all parties concerned to proceed, with all convenient speed, and according to the laws and practice of the Church, to the obtain- ing of a minister to fill the vacancy. {Place and date.) C. D., Presbytery Clerk. CITATION TO A PARTY ACCUSED. To A. B., ike: You are hereby required to appear before the Session of C, at a meeting to be held in on the day of at the hour of to answer to a charge of {here state the nature of the offence charged), made against you by D. E., {or, by the said Session. Dated the day of 18 . G. H., Session CUrk. APPENDIX —FORMS. 68 by ne It, lis ler ier be. dd It, lat .'a ;if lis lis » [r LIBELS. I. FOR IMMORALITY. Mr. A. B., Minister of the Congregation of {or licentiate), under the care of the Presbytery uf You are indicted and accused at the instance of O. D., of {or of the said Presbytery, or of M F., a member of the said Presby- tery, appointed to prosecute the matter after mentioned): That albeit by the Word of Go«l and the laws of the Presbyterian Church in Canada {state the denomination of thf offence ckaryetl, as drunk- nesa, etc. ), is an offence of a heinous nature, unbecoming the charac- ter and sacred profession of a minister of the Gospel, and severely punishable by tne 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 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, (describe the place and circumstances of the offence chartjed) ; All which or part thereof being confessed by you, or being 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 ana discipline of the Church, and tne usages observed in 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 libelling,) When the offence is aggravated by particular circumstances, such as by being committed on the Lonl's Bay, the aggravation should be expressed thus : " Drunkness, agi^ravated by its having been committed on the Lord's Day," and "It being the Lord's Day." When a course of conduct is charged the complaint will run thus ; "Drunkenness habitually indulged in," and after specifying the special acts charged, if any, there should be added, "And further, you, the said A. B., are a habitual drunkard, and during the period between the day of and the day of , you indulged in the said habit of intoxication, and was seen on varioua occasions within that period under the influence of liquor. In particular (specify the particular occasions to which the proof is to be directed. ) n. FOR HERESY. Mr. A. B., Minister of the Congregation of {or licentiate), under the care of the Presbytery of You are indicted and accused at the instance of C. D. of {or, of the said Presbytery, or of E. F., member of the said Presby- tery, appointed to prosecute the matter after mentioned) : That albeit to hold and teach that {state the erroneous doctrine ascribed to the accated) is contrary to the Word of God, and the Standairda at 64 APPKNPJX — FORMS. ; J 3 1 the Pregbyterian Church in Canada. (Here it w denrahle to refer to the particular paHHatjeH of Scripture and of the Standards founded on.) Yet, true it is, and of veritv, that you, the said A. B., hold, and have taught, the erroneous doctrine above stated, in so far as in a book (pamphlet, or Hermon), written bv you and published {describe the publication on which the complaint in founded) on page thereof, you have stated (quote the lanipiage complained qf. ) All which, or part thereof, being confessed by you, or being found proven against you the said A. B., by the Presbyfery of before which you are to be tried, you, the said A. B., ought to be visited with such cen- sure as the laws and discipline of the Church in such cases prescribe, in order that the pure doctrine of (iod's Holy Word, as held by this Church, may be vindicated and maintained, or to be otherwise dealt with in the premises as to the said Presbytery may appear expedient and proper. Signed at in the name, presence, and appointment of the Presbytery of this day of 18 years. To be signed by tb« party libelling. If the charge be founded on oral statements, then the libel will run : " In so far as in a sermon preached by you in the church of on the day , or about that time, you stated that," (give the language used. ) Or the charge may run in a different form, as "That it is the doctrine of God's Holy Word, and of the Standards of this Church, that (state the discourse impugned, and give necessary references) that this doctrine has been denied, or at least views and opinions incon- sistent therewith, and subversive of the same have been promulgated by you, the said A. B., in so far in a book, etc." ANOTHER FORM OF LIBEL. To Mr. A. B., Minister at G, (or preacher of the Oospel). You are indicted by the Presbytery of D., at the instance of E. and F. (or at the instance of the said Presbytery, this if by fama), to appear at G. on the day of, &c. , to answer to the following charge, namely, that you, the said A. B,, did on the day of or on (give time) (here describe the offence charged), which conduct of yours was contrary to the Word of God and the laws of the Presbyterian Church in Canada, and inconsistent with your position as a Minister (or preacher) of the Gospel. Signed in name and by appointment of the Presbytery of D. at this day of Moderator and Clerk. ORDER BY THE PRESBYTERY TO BE ENDORSED ON THE LIBEL. At T. the day of 18 , the Presbytery appoints A copy of the foregoing libel, list of witnesses, specification of docu* is c. «■ rJ APPENDIX — FORMS. ^5 ments, and this deliverance to be served on the said Rev. A. B., and enjoins him to appear before the PrcHhytery within at . on the day of , to answer to said libel ; said service to be made at least ten clear days before the day of compearance, and grants warrant for citing witnesses for both parties. G. YL., Preahytery Clerk. >l CITATION WITH LIBEL. To the Rev. A. B. Take notice that you are summoned to appear before the Pres- bytery of at and within at o'clock on the day of 18 , to answer to the libel, a copy of which is prefixed. Dated the day of 18 . G. H., Presbytery Clerk. m CITATION OF WITNESSES. To R. S. You are hereby required, as a member of the Presbyterian Church in Cuoada, to attend a meeting of the to be held within at on the day of at the hour of there and then to give evidence as far as you know concerning ia charge of {ittate the charge shortly), against A. B. (or in a case between A. B. and 0. D.) Dated the day of 18 . G. H., Presbytery Clerk. CERTIFICATE OF SERVICE TO BE ENDORSED ON CITATION. S' "•-''I a copy of the within on A. B. {or R. S.) by delivering the same lu iiim personally (or leaving the same with a grown up person at his dwelling-house), on the day of 18 . X. Y., Officer. SENTENCE OF SUSPENSION OF A MINISTER. " Whereas in the trial of your case by this Court, you, A. B., have been found guilty of we the Presbytery of do hereby suspend you from exercising the office of the Christian Ministry, or any part thereof, until satisfactory evidence of repentance be sub- mitted to us." ee APPENDIX — FORMS. I i MINUTE OF DEPOSITION. The Presbytery having duly considered the libel served on Mr ' A. B. , Minister of C. , on the day of , together with the proof adduced thereon (or, together with his confession of his guilt), whereby he was found to have been guilty of , did, by their vote, depose the said A. B., like as they hereby do, in the name of the lord Jesus Christ, the King and only Head of this Church, and by virtue of the power and authority committed by Him to them, depose the said A. B, from the office of the Holy Ministry ; prohibiting and discharging him to exercise the same, or any part thereof, in all time coming. The Presbytery further declared the Church and congregation of C. to be vacant from this date. SENTENCE OF DEPOSITION OF A MINISTER, Whereas, A. B. , Minister of , has been proved before the Presbytery of , to be guilty of , the said Presbytery adjudge him totally disqualiiied for the office of the Christian Ministry. They, therefore, in the name and by the authority of the Lord Jesu'; Christ, depose from the office, and degrfide from the rank of a Christian Minister, the said A. B., and do hereby prohibit him from exercising the functions of the Christian Ministry, or any part thereof. I QUESTIONS TO BE PUT TO OFFICE-BEARERS. I. QUESTIONS TO BE PUT TO MINISTERS AT ORDINATION OR INDUCTION. 1. Do you believe the Scriptures of the Old and New Testaments to be the Word of God, and the only infallible rule of faith and manners ? 2. Do you believe the Westminster Confession of Faith, as adopted by this Church in the Basis of Union, to be founded on and agreeable to the Word of God, and in your teaching will you faithfully adhere thereto ? 3. Do you believe the Government of this Church by vSessious, Presbyteries, Synods and General Assemblies, to be founded on and agreeable to the Word of God, and do you engage as a Minister of this Church to maintain and defend the same ? 4. Do you own the purity of worship at present authorized by this Church, and will you conform thereto ? 5. Do you promise to give a dutiful attendance in the Courts of this Church, to submit yourself in the spirit of meekness to the admonitions of this Presbytery to be subject to it and the superior judicatories, to follow no divisive course, but maintain accordini; to your power the unity and peace of the Church ? APPENDIX — FORMS. 67 6. Are zeal for the glory of God, love to the Lord Jesus Christ, and desire of saving souls, so far as you know your own heart your great Lnotives and chief inducements to enter the office of the ministry ? 7. Have you directly or indi.^eotly used any undue means to pro- cure this call ? 8. Do you engage, in the strength and grace of our Lord Jesus Christ, to live a holy and circumspect life to rule well your own house, and faithfully and diligently to discharge all the duties of the ministry to the edification of the body of Christ ? II. QUESTIONS TO BE PUT TO MISSIONARIES AT ORDINATION. Numbers 1, 2, 3, 4, 5, 6, as above. 7. Do you engage, in the strength and grace of our Lord Jesus Christ, to live a holy and circumspect life, and to rule well your own house. Do yoa devote yourself to the office of Missionary of this Church, engaging in this solemn undertaking with a deep sense of its lesponsibilitien, and, in the discharge of its arduous duties, 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 righteousness that fadeth not away ? III. QUESTIONS TO BE PUT TO CANDIDATES FOR LICENSE TO PREACH THE GOSPrL. Numbers 1, 2, 3, 4, as above. 5. Do you engage, in the strength and gra?e of our Lord Jesus Christ, to live a holy and circumspect life, and faithfully to preach the gospel, as you may have opportunity ? 6. Do you promis'* io submit yourself in the Lord to the several judicatories of this Church ? by Is of Ithe rior to IV. QUESTIONS TO BE PUT TO ET.DERS BEFORE ORDINATION. Numbers 1, 2, 3, 4 (omitting "in your teaching" in No. 2, and substituting in No. 3, * Kuling Elder " for " Minister "). 5. In accepting the office of Elder, do you engage, in the strength and grace of the Lord Jesus Christ, faithfully ap diligently to per- form the duties thereof ; watching over the ttock of v^hich you are called to be an overseer, r^nd in all things showing yourself to be a pattern of good works ? V. QUESTIONS TO BE PUT TO DEACONS BEFORE ORDINATION. Numbers 1, 2, 3, 4 (Mutatis mutandis). 6. In accepting bhe office of Deacon, do you engage, in the strength and grace of our Lord Jesus Christ, faithfully and diligently to per- form the duties thereof ? 68 APPENDIX — FORMS. if i FORMULA TO BE SIGNED BY ALL OFFICE-BEARERS. "I hereby declare that I believe the Westminster Confession of Faith, as adopted by this Church in the Basis of Union, and the government of the Church by Sessions, Presbyteries, Synods and General Assemblies, to be founded on and agreeable to the Word of God ; that I own the purity of worship at present authorized by this Church ; and that I engage to adhere faithfully to the doctrine of the said Confession, to maintain and defend the said government, to conform to the said worship, and to submit to the discipline of this Church, and to follow no divisive course from the present order established therein," REGULATIONS ANENT HOME MISSIONS. I. There shall be a Central Committee for Home Missions, dividing itself into two sections, the one embracing the Maritime Provinces, and the other the rest of the Church. II. The Assembly shall appoint annually a Home Mission Com- mittee, consisting of forty-five members, of whom one-third shall be from the Maritime Provinces, and two-thirds from the rest of the Church. Each of these divisions shall constitute a sub-Committee for the carrying on of Mission work within its own territory. Each section shall be empowered to act separately in conducting operations within its own territory. III. The operations of the Committee shall have respect to — (1) Mission Stations, which, having been recommended by Pres- byteries and approved by the Committee, shall be placed on the list of aid receiving Stations, and Mission Stations, directly under the care of the H. M,. Committee ; provided plways that no application for aid shall be entertained by the Committee on behalf of any station, unless the Presbytery of the bounds shall have made arrange- ments with the people for contributing according to their ability to the salary of the Missionary ; and the Presbytery shall see to the implementing of such engagements. The Committee shall make like arrangements in the case of stations directly under its care. (2) Mission Stations reported by Presbyteries, but not receiving aid. (3) Congregations not self-sustaining, but prepared to contribute at least four hundred dollars ($400) per annum, at the rate of at least four dollars fifty cents ($4.50) per communicant, and seven dollars ($7.00) per family, and in which, in the judgment of the Presbytery, a pastor is desirable. Such congregations, having made application to the Presbytery of the bounds, and furnished satisfactory infor- mation in regard to their statistics, financial position and prospects, and having received the approval of the Presbytery (which applica- tion and information shall also be laid before the sub-Committee), may be })laced on the list of congregations receiving supplement. \PPENDIX — FOftMS. 69 libute (least illars fcery, ition ifor- 3cts, Cases, in which the application of this rule appears to affect injuri- ously congregations now upon the list or seeking to be placed on it, shall be reported to the General Assembly, and supplements granted to them only when its sanction has been given. IV. The list of Missionaries shall consist of Licentiates and ordained Ministers of this Church, also Students of Divinity and Catechists, duly approved as the Assembly may direct. Each of these Missionaries shall be recommended to the Committee by some Presbytery. V. The Committee shall prepare and send down to Presbyteries, and through Presbyteries to Missionaries, blank forms for their reports, so as to ascertain the peculiar circumstances, necessities and general state of the mission stations and supplemented congregations throughout the Church. VI. The sub-Committees shall consider the reports thus rendered by Presbyteries, and distribute the Missionaries among the Presby- teries, as, in view of the detailed information before them, may be deemed advisable. VII. The sub-Committees shall give to mission stations and sup- plemented congregations in paying their Missionaries or Ministers such aid as, in view of the detailed information before them, may be deemed advisable VIII. The General Committee shall prepare a full annual report of all the Home Mission and Supplemental operations of the Church, to be submitted to the Assembly, and shall publish, from time to time, such information as may serve to call forth the interests and liberality of the Church. IX. The sub-Committees shall be empowered to establish mission stations and conduct missionary operations directly in those parts of the Dominion, which are not within the bounds of any Presbytery. X. In mission fields placed directly under the Home Mission Com- mittee, and in new and destitute fields of wide extent within the bounds of Presbyteries, the sub-Committees shall be empowered — in the latter case acting in concert with ^^e Presbytery of the bounds — to secure the services of suitable Mi xonaries, who may be willing to occupy them for a term of years, and to pay them in excess of the ordinary salaries paid to Missionaries. XI. The Committee shall not be responsible for the salary of Missionaries beyond the amount of aid promised by it to the stations or congregations, and for the time during whicli they may have laboured in said stations or congregations. XII. 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 sub-Committee, and there shall be paid by the Presbytery and sub-Committee conjointly for a Licentiate or Ordained Minister a minimum of eight dollars (.$8) per Sabbath with board ; for a Student of Divinity, during the summer, at the rate of six dollars ($6) per Sabbath, with board and travelling expenses to the field of labour ; and for a Catechist, of five dollars (^5) per Sabbath, with board. 70 APPENDIX — FOftiia. XIII. The amount of aid granted to any congregation receiving supplement shall in no case exceed the amount necessary to make the salary of the Minister from all sources seven hundred dollars (.f700). But the sub-Committees are empowered to supplement, beyond that amount, the salaries of ordained Ministers engaged in mission work in toWus and cities. XIV. The supplement of all aid-receiving congregations shall be calculated from the first day of the ecclesiastical year, and Presby- teries are instructed to make their reports accordingly — supplements being payable half-yearly. GENERAL REGULATIONS ANENT HOME MISSIONS. XV. Presbyteries are instructed, at an ordinary meeting previous to the first of October in each year, to revise the list of Mission Stations and Supplemented Congregations, and make such changes as they may deem necessary, reporting the amended list to the sub- Committees. The list, thus amended, shall form the basis of the operations of the Committee for the then current year. XVI. Presbyteries are enjoined to furnish informatian to the sub- Committees in accordance with the requirements of the above scheme, and to co-operate with the Committee. XVII. All congregations and mission stations are enjoined to make an annual contribution in the Western section of the Church to the Home Mission Fund ; and iu the Maritime Provinces to the Home Mission Fund and Supplemental Fund. XVIII. The travelling expenses of members of Committee shall be borne equally by the two Funds, and the cost of all exploring and aggressive missionary work, undertaken and sanctioned by Presbyteries, shall be defrayed out of the Home Mission Fund. XIX. In regard to arrears due by supplemented congregations to their Ministers, these congregations shall be required to report to the Committee, through the Presbytery, in the form provided, before the beginning of each ecclesiastical year, the amount paid by them as stipends during the previous twelve months ; and in cases, where the amount falls short of the stipend promised by them, power shall be given to suspend the payment of the supplements until the arrear- ages are liquidated. REGULATIONS ANENT PROBATIONERS AND VACANCIES. 1. The distribution of Probationers within the Provinces of Ontario and Quebec shall be made by a small Committee appointed by the Assembly. Within the Maritime Provinces it shall be left in the hands of the sub-Committee for that territory. The roll of Proba- tioners, etc. , shall consist of preachers who have been licensed less than five years, and Ministers who have been loosed from their charges, or who have been receiving appointments from the Com- mittee less than four years (reckoning, in both cases, from the date of their admission to the roll). :K I APPKN'DIX — FORMS- n itario the the froba- less iheir 'om- date 2. Preachers who have been on the roll for five years, and Ministers for four 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 Assembly alone may order the retention of a Proba- tioner's name on the list beyond the above specified times- 3. Ministers or Probationers, M'ho 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 inefficiency have been received from their Presbyteries by the Committee, may have their appointments withdrawn till a decision of the Assembly shall be given in the case. 5. As soon as a preacher is licensed, the Presbytery shall report the fact to the Committee on Distribution, to whom is entrusted the distribution of Probationers among the Presbyteries of the Church. 6. When a congregation desire a hearing of a particular Proba- tioner, or a further hearing of one formerly heard, they shall com- municate their desire to the Presbytery ; and, if the Presbytery see it expedient to concur in it, the application shall be transmitted to the Convener of the distributing Committee, and, as soon as prac- ticable, effect shall be given to the request ; it being understood that in case any extra expense is incurred by the Probationer, it is to be defrayed by the congregation in addition to the ordinary allowance. 7. When a preacher accepts a call, he shall give notice to the Convener of the Distributing Committee, and no further appoint- ments shall be given to him ; but he shall be required to fulfil the appointments already made, unless relieved by the Presbytery to whose bounds he has been designated. 8. Missionaries and Probationers shall be required to labour in the localities, and discharge the duties assigned to them by the Presbyteries, at whose disposal they may have been placed by the Committee on Distribution. These duties comprise, generally, con- ducting public worship on Sabbath, and prayer meetings in the course of the week, teaching Bible classes, organizing and fostering Sabbath Schools, visitation of families — and especially of the sick — so far aa circumstances render advisable. 9. Missionaries and Probationers are required to submit to Pres- byteries written reports of their labours. DISTRIBUTION OF PROBATIONERS. The Assembly of 1878 adopted the following regulations with reference to the distribution of Probationers : I. PROBATIONERS AND MINISTERS NOW ON THE ROLL. (1) TTie names of Probationers and Ministers on the Roll for the past four years shall be continued on said Roll for three months longer — thereafter, if not settled, to be removed from the Roll. 72 APPENDIX — FORMS. [ ; ! 1 ii! (2) Those on the Roll for the past three years uhall be continued six months longer — thereafter, if not settled, fM be removed from the Roll. (3) Those on the Roll for two years shall be continued for another year and then removed. II. PBOBATIONERS AND MINISTERS HEREAFTER TO BE PLACED ON THE ROLL. (1) Probationers shall be allowed three years on the Roll. (2) Ministers, who resign their charges, shall be allowed two years on the Roll after each resignation. (3) The above regulations, so far as they can be applied, shall refer to Ministers and Licentiates, who coui^ from the Presbyterian Churches in Great Britain and Ireland. (4) Ordained Ministers, who have been received from other Churches, with leave of the Assembly, shall be placed on the BoU for one year. III. SALARY OF PROBATIONEl'5. Presbyteries are hereby recommended to induce congregations to pay Probationers as liberally as possible — it beine understood that the minimum be eight dollars ($8.00) per week, with board. IV. SUPPLY OF VACANCIES. (1) Presbyteries are hereby instructed to regard Probationers as having a prior claim to be heard in vacancies, and to secure such hearing for them. (2) Presbyteries are hereby instructed to consider the propriety of appointing Probationers to vacancies for not less than two weeks, in order that the duties of the pastoral office may be attended to by them, as laid down in Minutes of Assembly, 1876, pp, 59, clause 8. (3) Students shall not be appointed to vacancies, save in exceptional cases. (4) Presbyteries are enjoined not to report as a vacancy any con- gregation not prepared to call. (5) Presbyteries are instructed to place all their vacant congrega- tions prepared to call on the list of vacancies, and congregations are allowed to procure their own supply through the Presbytery for half the time, when they so desire. (6) Employment shall hereafter be given by the Committee to none but those whose names are transmitted to this Committee through some Presbytery of the Church. PROPOSED REGULATIONS ANE^'T FOREIGN MISSIONS. 1. There shall be a central Fund, to be designated the Foreisn Mission Fund, from which the operations of the Church in we Foreign Mission department of her work shall be sustained ; and all . APPENDIX— FORMS. a the Congregations and Home Mission Stations througliout the Church shall be required to make an annual contribution to this Fund. 2. There shall be one Board appointed annually by the General Assembly for the llur n year for eauli yuar he haii Uecliued to contrihute to the Fuiul after his induction. 12. Tlie rates of payments may be revised once in every five years. 13. That an actuary be employed to examine the Funds presently existing, and report as to the most eciuitable way in which the amaljijamation can be otlected, and that tlie Treasurers of the several Funds bo instructed to furnish the data which such actuary may re(£uire. AGED AND INFIRM MINISTERS' FUND. 1. That there shall be a Fund for the whole Church, 2. That it shall be sustained by annual congregational contribu* tions, donations, and bequests. 3. That payments out of the Fund shall be made according to the following scale : (1) When a Minister is allowed by the Assembly to retire after ten years' service, he shall receive ont hundred dollars (SlOO) a year, and ten dollars ($10) a year for each additional year, up to forty years* service, if the state of the Fund permits. (2) The case of a Minister permitted to retire after less than ten years' service shall be made the subject of special consideration by the Assembly. 4. That it be an instruction to Presbyteries, when accepting the resignation of Ministers permitted by the Assembly to retire, to secure, when practicable, a suitable retiring allowance to such Ministers from the congregations which they had served. The Assembly of 1877 adopted a rate of contribution by Ministers of fifty cents for every hundred dollars of a Minister's professional income, a deduction being first made for house rent, where no Manse is provided. The Assembly ordered a cireidar to be issued, drawing the attention of Ministers to this matter. Its two existing Com- mittees were empowered to frame such additional regulations to those already adopted, as their experience may suggest to be desirable. FORMS OF MODEL DEEDS FOR CHURCH PROPERTY. FOR THE PROVINCE OF QUEBEC. On this day of one thousand eight hundred and seventy before the undersigned Notary Public for the Province of Quebec, residing at the came and appeared of the first part; and as "The Trustees of the Presbyterian Church at ," of the second part, which said parties declared unto me, said Notary, as follows : Whereas there exists at in the County of in said Province of Quebec, a Congregation of Presbyterians, in connection with the Presbyterian Church in Canada ; and whereas APPRSDIX — FORMS. 77 the Raid Congrogniion tiesires to take a conveyance of the land here* inaftur mentioned, and for that purpoHu (aa api)earH hy the minute of appointment hereto annexed, and Higned by the ])artieH an*l the undersigne«l Notary for identilication) have — purHuant to the Act of this Province, intituled "An Act resnucting tiio Union of certain Preshytorian Churches therein nameu," l>eing chapter fVJ of the 38th year of Her Majesty Victoria .ippointod tlie parties of the second part Trustees, to take sucli conveyance under the provisions of said Act, and to hold and possess the same to themselves and their successors, by the name of " The Trustees of the Pres- byterian Church at ," under the provisions of said Act. Now, these presents and I, the said N(»tary, witness that the said party, of tin; lirst part, ackn(»wledged and confessed to have sold and con- veyed ; and by these presents, doth sell and convey, with promise of warranty against all evictions and encumbrances, unto the said parties of the second part present and accepting thereof for them- aelves and their successors, in their caj)acity aforesaid, forever, the following pioperty, to wit : The parties of the second part declared to have a perfect knowledge of the said proi)erty, having seen and viewed the same previous hereto, .and being satisfied there- with. The property sold was acquired by the i)arty of the lirst part, as follows Tlie said property is held under the tenure of The party of the Hrst part declartsd and covenanted that the said property is free and clear of all encumbrances whatsoever. To have, hold, \ise, and enjoy the said, sold premises unto the parties of the second part and tlieir successors, in their capacity aforesaid, as their own proper freehold forever by virtue of these presents, and to enter upon and take possession of the property forthwith. The present sale and conveyance is thus made for and in consideration of the price or sum of . And it is hereV>y declared that the said parties of the secoml 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, Chaj)el, Meeting House, School, Manse, Glebe, or Burial Ground (as the Congregation may direct), as for the support and maintenance of Public Worship and the propagation of Christian knowledge, according to the doctrines, «liscipline an»l modes of worship of the said Presl>yterian Church in Canada. And upon further trust, that the said parties of the secoml part and their successors shall and will, well and truly obey, perform and fulfil, and permit and suffer to be obeyed, performed and fulfilled, with respect to the said lands, and to any Church, or other building or biiildings now erected, or to be erected upon said lands, or to any P>urial Ground (if the said lands, or any part thereof, shall be used as a Burial Gi-ouud), the lawful orders and directions of, respectively, the said Congregation, the Deacons' Court, if any, the Kirk Session of the said Congregation, the Presbytery and the Synod, within whose bounds, and under whose inspection and ecclesiastical juris- diction, the said Congregation shall from time to time be, and the General AssemVdy, or other Supreme Court of the said Presbyterian Church in Canada, whether undtT its {)resent name, or any other name it may from time to time hereafter assume ; provided that, and so far only as such onlers and directions are, and shall be, within 78 APPKNDIX — K0KM8. the scope of the nntliority i)f such peiMnuH nml bodies respectively, acconling to the lawn, euHtoiDH and UMiigeH of the Haiti ( 'htireh. Ana with respect to the eluetion and appniiitnient <>f HuceeHHoiM to tlie said parties of the Heeond ]K\rt, huc!1i HiicceHHorH Hhall \n; appointed in the manner siieciHed in tiie tifth section of tlie said Act, (>'2n<( of the 38th year of Her Majesty Victoria. And with respect to tlie powers of said Trustees, it is hereby deidarcd tliat they shall be the ptjwers conferred on such Trimtees by the aforesaid Act. And for security of the said balance of consideration, price and interest, the parties of the second part ditl 8i)ecially hypothecate the proi»erty hereby sold in favour ot the party of the first part. NoTK. — This clause lu be oinitted iclun nu halnwe rcinitins to h<; j)«uV/. tfoTK.- Any .s/)frtrt/ clcuafH u-hlrli the parties may agree, iipnn mfijf be inserted here. If there he n hnlance due the iriiiiur, he may probably reijiiire the usual insunince coi'eiiant rluune. And at the passing of these presents, appeared and intervened, Dame wife of the party of the lir«t part, and by him duly authorized, who ratilied and conlirnied the present sale, and volun- tarily renounced to all right of dower, whether customary or con- venti(mal, and all other matrimonial rights wliich she or her children, born or to bo born, may or might have upon said property hereby sold. Note. — This clause mny he omitted vheii there is cleirhj no dower, hut it /« ndvin- able to Insert it to sai'e trouble and ennuirn u/tcrwards to show that there was no dower. Done and passed at in the office of the said Notary, und-r the number thousand hundred and ami signed by the said parties, with, and in the prtsence of the said Notary, subscribing after these presents had been to them duly read. FORM OF DEED FOR NOVA SCOTIA. This Indenture made day of in the year of our Lord one thousand eight hundred and between {name of ijvantor) f»f in the County of (occupation) and wife of tile said of the first part, and of in the County of Trustees, as hereinafter mentioned, of the second part. Whereas by the laws of this Province any religious society or con- gregation of christians in Nova Scotia, having occasion to take a conveyance of land for any purpose in connection with such society or congregation are entitled and empowered so to do ; and whereas the Presbyterian congregation of in connection with the Presby- terian Church in Canada have occasion to take a conveyance of the lands and premises hereinafter descrilied ; and whereas, in pursu- ance of Section Seventeen of Chapter Fifty of the Revised Statutes of Nova Scotia (third series), the said parties of the second part have been appointed by the said Presbyterian Congregation of Trustees for the purposes hereinafter mentioned. Now, this Inden- ture Witnesseth, That the said party of the first part, in consider- ation of the sum of of lawful money of Canada, to him well and truly paid by the said parties of the second part, the receipt whereof is hereby acknowledged, hath given, granted, bargained, sold and conveyeb'n of her reJi/ii/ti.i/ar(ictilarli/ the corporate name of church) and as such corporate body, of the second part. Whereas the Congregation of the Presbyterian Church (here fill iu the place naniin'j town or cifi/, coiintij, and Produce of New lirunxwick) are a Congregation in eouuection with " 'J'he Presbyterian Church in Canada " and the above named persons of the second part, are Trustees of said Congrei^ation duly chosen and appointed under the provisions of the act of the (Jjueral Asseni})ly of the said Province of I^ew Brunswick entitled 'an Act for incf»rporating the Synod of the ChuTf^h known as tht* Pres])yterian Church of New Drunswick and th' b . v, il congregations in comioction therewitli, " passed in the twenty - of the Aged and Infirm Ministers' Fund of the Presbyterian Chureh in Canada' or to assist the Congreganon of in ereeting a jiUtce of worship. 1 bequeath t'>the Trustees of the Presltyterian Ministers' Widowa ftnU Orphans" Fund, the sum of ilollars. do aid for INDEX lan igii for rni iist •W3 ' AcH.'USAnoNS, (.'aution anent, No. 250. AccL.sED Pautv, how dealt with, '255 '2o;>. Ceasing functions during process, 310. Accuser, how dealt with, 251. AnHFRENCE to call, IGr*. Admission to ordinances, 2, 13. Of memliers from other Churches, 204-206. Of Klders from another (Jongregation, 224. Of Ministers to their charges, 21, IGS. 173. Of Mininters from other Churches, 184. Admonition', 297. Appeal from decision of Moderator, 82. Appeals, 124. Effect of, 127. Parties to, 124. Bring, up parties to higher Court, 120. Proceedings in, 128-130. New evidence in, 203. Fallen from, 126. Appendi.k, Forms, &c., p. 59. A.S.HEMBLY, Constitution of, 47. Roll, 47. Eiectif>n of representatives to, 47. Commissions to, 47. Moderator, 49, 50. Clerks, 51. Quorum, 47. Sederunts, 52. Devotional exercises, 89. An open Court, 64. Committees of, 53. Committee of Business, 90. Closing of, 57. Procedure, 49. Powers of, 48c Docket tc be printed, 91. Information to be sent to, 88. Papers to be sent to, 8 days before, 92. Form of, 93. Deals with appeals, complaints, &c , 48. Finality of decisions, 55. Forms Synods and Presbyteries, 48. Prescribing course of stutly, 48. Receives reports of Mission Bcwirds. tkc, 48. Commission of, 50. Assessors, Presbytery, 30. 7)ARRIER Act, 1 10. Bills and Overtures, Committee of, 53. BuiLDiNO, Church, use aiul contrckl of, 19. 88 INDEX. i I 1 i Calls, HnMit^dun- in. 154 1(}4. Atteatiitioii of, 159. Commissioner to Presbytery ancnt, 162. Report on procedure, 1G3. Cknsurk, kinds of, 290. Cektifi(!Atk of disjunction, 203. CuAROKH, how brought, 254. (Juution ancnt, 252. Church edifice, 19. CiiuoH site, new, to be approved by Presbytery, 198. Citation, 267-275. How served, 267. Evidence of service, 260. Specitications in, 269. Apud acta, 267. Secreting from, 259. When Minister is called, 177. When Minister resigns, 181. Of Congregation, 271. Mode of, 272, 273. How aiiswered, 274. Of inferior Court, 275. Clerks of Courts to send printed documents to Colleges, 87. CoLLEGE.s to report to Assembly, 146. Committees, 63. How appointed, 63. Of Assembly, 53, 54. vener, 63. On Standing Committees, 95. Not to sit when Court sitting, 85. Of whole house, 67. Commission of Assembly, 56. Communicants, admission of, 13. Communion Roll, Session to keep, 11. Purging of, 11. Complaints, Parties to, 124. Effect of, 127. Bring ui) parties to higher Court, 126. Anent usefulness, &c., of Minister, 309. Confession, effect of, 308. Congreoation, organization of, 194-197. Who comprise, 199, Members of, 199-208. Citation of, 271. (Constitution recommended, 213. Property how held, 215. Statistical and financial returns from, 220. Congregational Meeting, by whom called, 210. How called, 209. Who presides, 211. Who vote, 200. Complaint or dissent from, 216. Rules of procedure at, 213. Annual, 213. Contumacv, 303. Court (Church), Citation of, 275. Curriculum of study, 137-143. Con- Deacons, Election and ordination, 227. Duties, 236. Term of ottice, 228. INDEX. 89 on- Dkacons' Court, 225. Otiici is, 229. Meetings, 233. Quorum, 234. Moderator, 230. Clerk, 231. Treasurer, 232. Duties, 226. Procedure, 235. Right of petition against, 238. Records to be reviewed by Presbytery, 239. Secular management committed to, 214. And Session co-ordinate, 237. Debates, Rules of, 69-81. Members to speak but once, 78. Decision of points of order, 266. Declaratory Acts, 110. Deposition, 302. Of Minister, Effect of, 304. Removal of, only by Supreme Court, 307. Discii'LiNE, nature of, 240, 241. Grounds of, 243. Subjects of, 244. Jurisdiction in, 253. Procedure in, 253-266. Fugitives from, 259. Disjunction of members, 203. Of Congregations, 21. Dissents, how made, 122. Adherence to, 123. Dissent, and Complant, or Appeal, 124. Reasons, 122. Answers to, 122-125. Effect of 126, 127. Bring up parties to Higher Court, 126. Lower Court may disregard in some cases. On preliminary matters, 228. Procedure of Higher Court on, 129-130. Edict for Ordination of Elders, 224. (5.) *' and Induction of Ministers, Appendix, p. 61. Education of Students, 131-135. Duties of parents in, 131. Duties of Sessions and Presbyteries, 132 — 135. Elders, how elected, 221-224. Who elect, 221. Number of, 222 ; Qualifications of, 224. When addition to number, 223. Procedure at election, 224. Edict, 224. (5. ) Ordination, 224. (6.) Term of Office, 224. (7) From another congregation, must be elected, 224. (8.) Enactments of Assembly, transmitted to Presbyteries, 110. Evidence, how taken, 281-291. To be recorded, 290. Taken by Commission, 291. Taken by one Court, accepted by another, 291. Documentary, to be lodged, 295 . Rebutting, 294. Evil Reports, caution anent, 252. Excommunication, 305. Extracts, rate of payment for, 68. of Judicial Kecoini, 265, of Procedure in Deacon's Court, 2.38, 00 INDEX. Fama, 311 ; Oroutid of process, 'JtG. Fkes to Clerks for extracts or copies of papers, 68. FiNAXCfAr, att'airs of congre^'ations, Ijow managed, 213. to 1)0 reported to Higher (Jourts, '22iK FoiiRKiN MisHiONH, llegulations, Appendix, p, 72. toRMs, Bee Appendix. Formula, for OlHce bearers. Appendix, p. 68. to ho signed, 170. FuENCU Kvangoli/ation, Appendix, p. 73. FuornvKS from discipline, 2.19. Gkneral Rules for Church Courts, 58-68. Home Missions, Regulations, Api)endix, p. 68. Induction of Ministers, 168, 169, 173. Intkkim, Acts, 110. Judicial Pro(;ess, when necessary, 246. Record, 264. Libel, when required, 312. Prosecutor of, 313. Forms of, Appendix, p. 63. Relevancy of, 314. Service of, 268. Probation of, 315. License, trials for, 148-153. Mode of, 152. Licen riATEs, from other Churches, Admission of, 185. Managers, 213. Members, (Church,) admission of, 13. Roll of, 11. Disjunction of, 14, t^ertificate necessary, 206. Privileges and duties of, 199-208. Subject to Session, 205. Access to Courts, 201, 202. Name dropped ; Restoration, 207, 208. Minister, Eligible to a call, 155. Calling of, 158. Voters in election of, 157. Ordination of, 168. Settlement of, 167-169. Translation of, 175-178. Demission of, 181 ; do. from age or inlirmity, 182. Death of, 183. Admission fnun another Cliurch, 184-193. Designated by British Churches, 185, Not so designated, 186-189. Not Presbyterian, 190 192. When personally to ai)per at Assembly, 193. Called from another Church, 184. Charges against, 245. Process against, 253 2<56. Suspensi(m under process, 316. Stipend payable to, 17'-'. Agreed on, 217. Duty to raise and increase, 218. Failure in payment of, 219. INDEX. 91 Minutes of Judicial rroceilure, '202. Wlien conipliiiiit or appeal, 'HH. Mission Stations, Keguhitiona anent, 194-197. Missionary, Ordijiation of, 179. Associationa reconinifmled, 319. Mf.DKRATioN of call, '2!, loO HW. MoDKHATOU, iJutit'S of, 5S, 08, 00. Motions, 09 75. To he Mritten, r»9. And amendments, 70, 71. What are competent, 74. Without delmte, 75. Voting on, 83, 84. Nkw Congregations, 194. Offences, 243, 245. Private, 245. In presence of Court, 308. Office, sus})en8ion fnmi, ,3()(). Office hearers joining another Church, 310 Ordination of Deacons, 227. Ekleri, 224. Ministers, 108. Missionaries, 179, Overtures, 107, 108. Nature of, 107. Origination of, 107. Form of, 108. From .Sessions, 18. Petitions, 21, 104, 105. From Session, 18. Place of ^Vous^IP, control of, 19. Preaching Stations, 194. Precentor, how chosen, 212. Su1>jeet to Session, 212. Precognition, 311. Prehuyterial Visitation, 34. Presbytery, Constitution of, 20. Memhers of, 20. Powers and duties, 21. Moderator, 23, 24. Clerk, 25. Assessors, .30. Visitors, 37. Roll, 27. Quorum, 20. Order of proceedings, 28. Meetings — Ordinary, 29. Special, 32. Pw re nata, 33. At Synod, 35. Adjournments of, 29, 33. Revival of, when defunct, 30. Records, Regulations anent, 90-103. Leave of absence to members, 39. Roll to be sent to Synod, 31 . Superintendence of Students, 21, 133. Superintendence of Sessions and Congregations, 21, 34. Review Records of Session, 21. Examination of Students, 134. An open Court, 04, Complaint.s against, 38. Relation to other Presbyteries, 38. New, how formed, 22. Printing of Papers, 93. IMAGE EVALUATION TEST TARGET (MT-3) // ^ % <- 1.0 I.I 11.25 1^12^8 |2.5 15 "^^^ limits ■^ !■■ 12 2 u 2.0 illllM 1.4 illlli.6 I ^♦- ^ % /^ 4> '/ >!^ Photographic Sciences Corporalion ^(^°<1 '^^"^' '^ 23 WEST MAIN STREET WEBSTER, N.Y. MSM (716) 873-4503 'V- ■ .<& .V^X* '^