c 'f^^^ O'M/M' ']■ .A 6 . /o . 'oj^ ^ •^^"^ ^^t\i«SIwo%(ai^ PRINCETON, N. J. % a Presented by Vr-e.^* \ 0\ etters, vol. i. p. 345. 6 KIRK-SESSION. points the judicatories of this church to take good heed that none be admitted to or continue in the office of an elder, but such as are tender and circumspect in their walk, and punctual in their attending upon ordinances, and strict in their observation of the Lord's day, and in regularly keeping up the worship of God in their families. And by the act x. 1816, sess. ult., it is further ordained — " That hereafter, no person shall be set apart to the office of an elder, unless he hath attained the age of twenty-one years complete, and produce a certificate to that effect, to remain in retentis ; and unless he is a communicant. That no person be ordained an elder who is not an inhabitant of the parish, or who does not reside therein at least six weeks annually, or who is not an heritor in that parish, liable to pay stipend and other parochial burdens, or who is not the apparent heir of an heritor of that description in the parish. That when any person who does not generally reside, but only occasionally, as aforesaid, shall be proposed to the kirk- session to be ordained an elder, there shall be produced a certificate under the hands of the minister and kirk-session of the parish where he generally resides, that he is of unblemished character, and regular in giving attendance on the public ordinances of religion. " And further, it is enacted. That if any elder be ordained in future, without being qualified as above, he shall not be held as entitled to any of the privileges of that office. " But in any city or town where there are more congre- gations than one, that they shall be held as one parish, in as far as this act is concerned." The session being satisfied that the persons of whom they make choice are duly qualified in terms of the acts of Assembly and constitution of the church, the minute record- ing their election may be in the following terms. ELECTION OF ELDERS. 7 1 . Minute when Elders are proposed. (Place and Date.) The session met this day, and was constituted with prayer. Sederunt, Rev. M. N. Minister, C. D. E. F. and G. Elders. The session having taken into consideration the pro- priety of adding to the number of elders in this parish, and being persuaded of the good character of Messrs A. B., &c., (here add their designations,) and that these persons are in every way qualified, in terms of act of Assembly 1816, and the other acts of the general Assembly, which respect the qualifications of elders, they (unanimously) made choice of the said Messrs A. B., &c., to be members of this kirk-session, [and ap- point their ordination to take place in presence of the congregation, on Sabbath the day of .*] They likewise appoint an edict to this effect to be served on Sabbath the day of , and intimation to be made to the people, that if they have any objec- tions to state why the above named persons should not be ordained to the eldership, they will have an oppor- tunity of doing so at a meeting of session to be held for this purpose on the [said] day of [previous to the commencement of public worship.!] Closed with prayer. If the Elder has been already ordained, the minute may run in the following form. 2. Minute when the Elder has been already ordained. The session having taken into consideration the propriety • Should any valid objertions, however, be lodged, the day of ordination must of course be postponed. t It is not necessary that this meeting be held on the day on which the ordi- nation is appointed to take place. It may be on a previous day, provided that there be ten free days between the serving of the edict and day of ordination. 8 KIRK-SESSION. of adding to the number of elders in this parish, made choice of Mr A., presently residing within their bounds, to be a member of this kirk-session. And the said Mr A. having been already ordained an elder of the Church of Scotland, in the parish of , and his resignation of the eldership in that parish having been accepted by the kirk-session of , the session appoint his ad- mission to take place in presence of the congregation, on Sabbath the day of , and* an edict to this effect to be served on Sabbath the day of And so on as in foregoing minute, admitted being put for ordained. The edict in the^r*^ case may be as follows. 3. Edict of Ordination. The session having made choice of Messrs A. B. &c., to be elders in this parish, and having appointed their or- dination to take place on Sabbath the day of , it is hereby intimated, that if any of the pa- rishioners have objections to state against the ordina- tion of the said Messrs A. B. &c., they will have an opportunity of doing so at a meeting of session to be held on the day of But if the proposed elder has been already ordained in another parish, the edict runs as follows. 4. Edict when already ordained. The session having made choice of Mr A., formerly an elder in the parish of , to act along with them in the eldership in this parish, have appointed his ad- • Although it is according to the law of the church, that the admission cjf elders previously ordained takes place in presence of the congregation, yet it is believed that this is not generally the case in practice. ELECTION OF ELDERS. 9 mission to take place on Sabbath the day of ; and it is hereby intimated, &c. (as in the fqrmer case, only substituting admission instead of o/*- dination.^ The session meet on the day appointed, when the edict is returned, and objections received and considered, should any be offered. Notice of this having been inserted in the minutes, the session order that the ordination be proceeded in as formerly agreed upon. The minute of this meeting- may be as follows. > 5. Minute recording the return of the Edict. (Place and Date.) The session met here this day, &c. The session having convened for the purpose of hearing any objections against the ordination of Messrs A. B. &c., and the Rev. M. N. having reported that their edict was duly served, and the people having been thrice called by the church-officer, no person appeared to object. Whereupon it was agreed, in terms of the former resolution, that the ordination of the said Messrs A. B. &c., be pro- ceeded in on the day of . The session adjourn, to meet after divine service on the said day of . Closed with prayer. The alterations necessary in the minute when the elder has been already ordained are too obvious to require notice. After divine service on the day of ordination, the minister, after stating the different steps which have been taken in the matter, proposes the following questions to the persons about to be ordained, to which satisfactory answers must be given in presence of the congregation. 6. Questions put before Ordination. 1. Do you sincerely own and declare the Confession of 10 KIRK-SESSION. Faith, approven by former General Assemblies of this Church, and ratified by law in the year 1690, to be the confession of your faith ; and do you own the doctrine therein contained to be the true doctrine, which you wnll constantly adhere to ? 2. Do you own and acknowledge the Presbyterian church government of this church, now settled by law, by Kirk-Sessions, Presbyteries, Provincial Synods, and General Assemblies, to be the only government of this church ; and do you engage to submit thereto, concur therewith, and never endeavour, directly nor indirectly, the prejudice or subversion thereof? 3. Do you promise to observe uniformity of worship, and of the administration of all public ordinances within this church, as the same are at present performed and al- lowed ? The above questions are in the words of the formula, act xi. Ass. 1694. The General Assembly, in 1799, (May 81,) found that in the ordination of elders, it is most unwarrantable and un- constitutional to put questions different from those which are implied in the formula 1694. Satisfying answers having been given to the above ques- tions, the minister then proceeds by prayer to set apart those persons to the office of the eldership, after which he delivers a suitable address to them and to the congregation. Elders admitted are required generally to answer if they adhere to their profession made at ordination in answer to the above questions. The following formula must also be signed. Act xi. Ass. 1694. 7. Formula to he signed. I, A. B., do sinceifly own and declare the above Confcs- ELECTION OF ELDERS. 1 1 sion of Faith, approven by former General Assemblies of this church, and ratified by law in the year IG90, to be the confession of my faith ; and that I own the doctrine therein contained to be the true doctrine, which I will constantly adhere to : As likewise, that I own and ac- knowledge Presbyterian church government of this church, now settled by law, by kirk-sessions, presby- teries, provincial synods, and general assemblies, to be the only government of this church ; and that I will submit thereto, concur therewith, and never endeavour, directly nor indirectly, the prejudice or subversion thereof; and that I shall observe uniformity of worship, and of the administration of all public ordinances within this church, as the same are at present performed and allowed. The minute of the meeting of session after divine service, at which the fact of the ordination or induction is recorded, may be in the following form. 8. Minute recording the Ordination. (Place and Date.) The session met agreeably to adjournment. In accord- ance with former resolutions, the moderator did this day, after sermon from , put to Messrs A. B., &c. the questions appointed to be put to persons before their or- dination to the eldership ; and they having given satis- factory answers to the same, he did, by solemn prayer to Almighty God, set apart the said Messrs A. B., &c. to the office of the eldership ; after which they and the people were severally addressed on their respective du- ties. Messrs A. B., &c. being now present, received the right hand of fellowship from the other members of session, and their names were ordered to be added to 12 KIRK-SESSION. the roll. Thereafter they signed the formula.* Closed, &c. In ease the elder has been before ordained, the clause of the minute may be as follows. 9. Minute recording an Admission. the moderator did, &c. admit Mr A. to the office of the eldership in this parish ; after which, &c. When an elder ceases to reside in a parish, it is competent for the kirk-session to find, " that if he does not, within the space of twelve months, return to reside, he can no longer continue one of their number ; and to intimate to him, by letter, that they have come to this resolution." Ass. 1806, sess. 7. JUDICIAL PROCEDURE. While it is considered necessary to give the following forms under this head, they are not to be deemed so essen- tial as that no case can be rightly conducted unless they are rigidly adhered to, far less are they intended to do away, or to interfere with, those duties which belong to the kirk- session as a court of conscience. The grand end of church discipline being to bring offenders to a proper sense of their guilt, so that the soul may be saved in the day of the Lord, and to promote the spiritual edification of the people in general, a session must always consider themselves called upon to use those means in every particular case most likely to effect this great object. • It is desirable, though not absolutely necessary, that the formula be signed immediately after the ordination. JUDICIAL PROCEDURE. 13 I CITATION OF PARTIES. Process may be instituted before kirk-sessions either " at the instance of a party complaining, or at least by order of the judicatory." A verbal citation by the beadle is the me- thod usually adopted in summoning the party accused, and, generally speaking, is all that is necessary. But in certain cases it may be proper to give a written citation to the party to appear before the kirk-session. And when the process is grounded upon a written petition or information, a copy of these writings should be served. A simple warrant of cita- tion may be issued, bearing the title of the court to which the party is to be cited, the name of the pursuer, (if the action be not instituted by the court itself,) the ground of the action, and the time and place where compearance is to be made.* This warrant runs in name of the court, is ad- dressed to its officers, and directs them to summon the party accused. It may be in the following terms. 10. Summons. The Rev. A. B., minister, and remanent members of the kirk-session of C. To P. S., our officer. We require you, that, upon sight hereof, ye pass, and lawfully sum- mon D. E. personally, or at his dwelling-house, to com- pear before the said session within the session-house at the day of next to come, in the hour of cause, to answer to the information or libel against him for the sin and scandal of laid to his charge ; with certification, &c. Given at the day of by warrant of the said session. (Signed) T. G., Session-Clerk. A citation is then given in writing by the officer to the party, in the following terms. * Form of Process, chap. ii. It has been decided by the General Assembly, 1827, scss. 9. (Lamb,) that no law-agent can be allowed to apfiear for a party before a kirk-session. 14 KIRK-SESSION. 1 1 . Citation by the Officer. I, P. S., church officer of C, by virtue of a warrant from the kirk-session, dated the day of , law- fully summon you, D. E., to compear before the said kirk-session, within the session-house at the day of next, at o'clock forenoon, to answer to the information or libel against you for the sin and scandal of laid to your charge ; with certification, conform to the principal warrant. This I do upon the day of between the hours of and , before these witnesses, N. K. and L. M., both resi- denters in . (Signed) P. S., Officer. This citation is either given to the party personally, or left at his dwelling-house, with his wife, children, or ser- vants, or by affixing a copy on the door, if he cannot get access, after knocking audibly several times. The citation must be made in presence of two witnesses, whose names are inserted therein, and the warrant or summons is returned by the officer, accompanied by an execution, subscribed by himself and the witnesses, setting forth the mode in which the service was made. Thus : 12. Execution by the Officer. Upon the day of , by virtue of a warrant from the kirk-session of C, dated the day of , I, P. S., church-officer, passed, and in name and authority of the said session, lawfully summoned D. E. to compear before the said kirk-session, within the session-house at , upon the day of , at o"' clock forenoon, to answer to the infor- mation or libel against him, for the sin and scandal of laid to his charge ; with certification, conform to the said warrant in all points. A just copy of citation, to the eflfect foresaid, I delivered to the said D. E., personally apprehended, (or I left for the said D. E., JUDICIAL PROCEDURE. 15 within his dwelling-place at , with his wife, to be given to him, because I could not find himself per- sonally ; or I affixed or left at the most patent door of the dwelling-place of the said D. E. at because I could neither find himself personally, nor could I get access to the said dwelling-place, after giving several audible knocks at the most patent door thereof;) which copy of citation was signed by me, did bear the date hereof, and the date of the said warrant, and contained the names and designation of N. K. and L. M., both residenters at , witnesses present at the premises, and hereto with me subscribing. N. K., witness. (Signed) P. S., Officer. L. M., witness. A party can be cited only by the kirk-session within whose bounds he resides, and this may be done upon forty- eight hours' notice. If the person accused lives within the bounds of another parish, the kirk-session of that parish should be desired to direct the party to be cited to answer to the session before which the process depends. If the party cited fails to appear, being called at the door by the church-officer, a second, and afterwards a third cita- tion follows ; the two first are called dilatory, but the third is peremptory, and contains a certification to the party cited, that the court will proceed to the cognition of the cause, though he should not appear, or that they will proceed against him as contumacious. Citations apud acta are like- wise peremptory. If any under process for scandal abscond, they should, after being called before the judicatory, and not compearing, be cited first from the pulpit of the parish where the process depends, or where they reside ; and if they do not thereupon appear, they are, by order of the presbytery, to be cited from the pulpit of all the kirks within their bounds to com- pear before the presbytery ; or if they do not then compear, 16 KIRK-SESSION. they are to be declared fugitive from elmrcli discipline, and the same intimated in all the kirks within the bounds of the presbytery, desiring that if any one know of the said fugi- tives, they may acquaint the minister or elder of the bounds thereof. See " The Form of Process in the Judicatories of the Church of Scotland, with relation to Scandals and Cen- sures." Act xi. Ass. 1707, cap. ii. and vi. II. CITATION OF WITNESSES. The citation of witnesses is in the same form as that of parties, bearing the names of the pursuer and defender in the case ;* and on their refusal to obey the citation, they may be proceeded against as contumacious, or application may be made to the civil court to compel their attendance. Act xi. Ass. 1707, cap. ii. § 9, and Pardovan, B. iv. tit. 3, § 14. The kirk-session issues citation to witnesses not only at its own instance, but at that of the pursuer and defender in any case. The forms of diligence may be as follows, muta- mutandis. 13. Warrant to cite Witnesses. Mr A. B., moderator, &c. Forasmuch as C. D., pursuer in a process presently depending before us against E. F., for the sin and scandal of having applied to us for a diligence to cite witnesses in the said matter, in man- ner and to the effect underwritten : Therefore, we re- quire you, that, upon sight hereof, ye pass and lawfully summon G., H., and L., personally, or at their dwell- ing-places, to compear before us within the kirk of upon the day of , in the hour of cause, with continuation of days, to bear leal and soothfast witnessing upon the points and articles of the said pro- cess, in so far as they know, or shall be enquired at them; with certification as effeirs. And this our pre- • It may be noticed here likewise, as in the case of parties, that a verbal citation of witnesses by the beadle is usually found sufficient. JUDICIAL PROCEDURE. 17 cept you are to return, duly executed and indorsed. Given, &c. by warrant, &c. The summons and execution against witnesses are the same as in the forms given above. The witness being before the court, the oath administered IS the following, the witness standing and holding up his right hand. 14. Oath administered to Witnesses. I swear by Almighty God, and as I shall answer to God in the great day of judgment, that I will tell the truth, the whole truth, and nothing but the truth, so far as I know, or shall be asked. Witnesses are also to be solemnly purged of malice, bribe, or good deed done or promised, and partial counsel, the fol- lowing initial questions being put to them. 15. Purgation of Witnesses. Has any person told you what to say, or promised or given you anything for your evidence ? Have you any malice or ill will against any of the parties ? Have you any interest in the case ? Act xi. 1707, cap. ii. § 11, 12. All evidence must be taken down in writing at the time, and the depositions signed by the witnesses; or, if they can- not write, the clerk must state that they declare this to be the case. Every deposition of a witness must be signed by the moderator. It may sometimes happen that the proof led in cases of adultery and fornication may not be sufficient to establish the guilt of the accused party, and yet the presumption may be such as to prevent his .-icquittal by the kirk-session, and at the same time not so strong but that the suspicion created B 18 KIRK-SESSION. by it may be done away by a solemn denial of the party on oath. In this case, the form of process directs the court to sist procedure till God in his providence g-ives further light ; or the oath of purgation may be administered to the individual if he desire it, and provided leave to this effect has been asked of and obtained from the Presbytery. It is as follows. 16. Oath of Purgation administered to a partij accused. I, C. D., now under process before the Presbytery of for the sin of alleged to be committed by me with E. F., and lying under that grievous slan- der, being repute as one guilty of that sin; I, for end- ing of the said process, and giving satisfaction to all good people, do declare before God and this congrega- tion, [kirk-session, or presbytery,] that I am innocent and free of the said sin of or having carnal know- ledge of the said E. F., and hereby call the great God, the Judge and Avenger of all falsehood, to be witness and judge against me in this matter if 1 be guilty; and this I do by taking his blessed name in my mouth, and swearing by him who is the great Judge, Punisher, and Avenger, as said is, and that in sincerity of my heart, according to the truth of the matter and my own innocence, as I shall answer to God in the last and great day, when I shall stand before him, to answer for all that I have done in the flesh, and as I would partake of his glory in heaven after this life is at an end. In administering this oath, all tenderness and caution are to be used. It should be admitted only when the suspicion cannot be removed in any other way, and when there is rea- son to suppose that by taking the oath this may be done. This oath may be taken before the kirk-session, the pres- bytery, or the congregation, as the presbytery shall deter- mine; but it is always to be intimated to the congregation JUDICIAL PROCEDURE. 19 that such an oath has been taken, when it has not been done in their presence. III. REFERENCE TO THE PRESBYTERY. In process for incest, adultery, trilapse in fornication, murder, atheism, idolatry, witchcraft, charming, heresy, and error, vented or made public by any in the congrega- tion, schisms, and separation from the public ordinances, processes, in order to the highest censures of the church, and continued contumacy, the session are not to proceed further than summoning the accused person before them, and dealing with him to confess, but are then to send an extract of their procedure to the presbytery ; and if there has been no confession, they are to receive from them permission to lead probation, and after this has been done, the session are again to apply to the presbytery for direction, sending a further extract of their proceedings. See Form of Process, ch. vi. IV EXCOMMUNICATION. The sentence of lesser excommunication may be inflicted by a kirk-session, and involves suspension of sealing ordi- nances. When the party resides within the bounds of another kirk-session, it is necessary that the sentence be intimated to them. Vide p. 24. The sentence of greater excommunication can only be inflicted by the presbytery, and the form of procedure in such a case will be found under the head of Judicial Proce- dure before the Presbytery. V. — FORMS OF MINUTES. In reference to the above, the following may be given as forms of 20 KIRK-SESSION. 17. Minutes of Session in cases of Judicial Procedure. (I.) In the case of a woman against whom a scandal has broken out, and who has been ordered by the session to be summoned to appear before them to answer to a charge of for- nication . (Place and Date.) The session met, &c. It was reported by the clerk, that, agreeably to the directions of the session, A. B. had been duly summoned to appear before them this day ; and the said A. B. having been called, appeared, and on the question being put, whether she had been guilty of the crime of which she was accused, answered that she had. Being solemnly exhorted by the modera- tor to speak the truth, and further interrogated, she de- clared that C. D., an unmarried man residing in this parish, had been guilty with her, and was the father of her child. The session order the said C. D. to be sum- moned to appear before them the day of to which meeting the woman was cited apud acta. After a suitable admonition she was dismissed for the present. (2.) It sometimes happens that a woman comes voluntarily forward to make confession ; in which case, the minute may run thus. Voluntarily compeared A. B., residing at in this parish, confessing that she had been guilty of the sin of fornication, being solemnly exhorted, &c., ut supra. (3.) It sometimes happens that the man accused by the woman resides in a diiferent parish ; in this case, his particu- lar residence must be stated, and the conclusion of the mi- nute may be in these terms. The session instruct their clerk to write to the kirk-ses- JUDICIAL PROCEDURE. 21 sion of M informing them of the accusation made against the said C. D., and requesting them to cause him to be summoned to appear here on the day of that he may be confronted with the woman.* To this meeting the woman was cited apud acta, and after a suitable exhortation she was dismissed for the present. (4.) Form of minute of a meeting at which the man is summoned to appear. Compeared A. B., agreeably to citation at last meeting, and adhering to her former statements. C. D. having been duly summoned, was called, and appeared. The former minute having been read over to him, he was asked whether he had been guilty with A. B., and was the father of her child. He acknowledged guilt, where- upon both parties having received a serious admonition were dismissed for the present. (5.) If the case be one of adultery, the man or woman, or both, having been married persons, then the minute, after stating the acknowledgment of guilt, on the part of the man accused, and the admonition of the parties by the mo- derator, may run as follows. The session considering that this is a case of adultery, order their clerk to transmit extracts to the next meeting of presbytery, that their advice may be ob- tained. The minute may run in similar terms in the case of a tri- lapse in fornication, in which it is also necessary to obtain the presbytery's leave to proceed. • When the parish of the man's residence is very distant, it is common to request the kirk-session of that parish to call him before them, and to receive his declaration. 22 KIRK-SESSION. (6.) In the event of a denial on the part of the man, the minute may run thus. After the question being put to him whether he had been guilty, &c. Whereupon he answered, that he was not the father of A. B.'s child, and never had been guilty with her. A. B. was then asked vvhether she could adduce any evidence of the truth of the charge which she had brought against C. D. — she answered that she could, and requested that the following witnesses might be summoned, viz. E. F. and G. (mention residence.) C. D. also requested that L. M. and N. might be summoned as witnesses in his defence. The session instruct their clerk to cause the said persons to be cited to appear before them as wit- nesses in this case, on the day of next, to which meeting the parties were summoned apud acta. If the case be one of adultery or trilapse in fornication, the advice of the presbytery must be asked at the stage of the business referred to in the above style. (7.) Form of minute of meeting, at which the session pro- ceed to probation. Compeared A. B. and C. D. according to citation, both ad- hering to their former statements. The clerk having re- ported that all the witnesses in this case had been duly summoned, the session agreed to proceed with the proof. E. F. being called, compeared, and having been solemnly sworn, purged of malice, and partial counsel, deponed that, &c. And so on with the other witnesses. After the examination of whom, the deliverance of the session on the evidence must be recorded. JUDICIAL PROCEDURE. 23 (8.) Supposing that the guilt of the man is not clearly established, but that, in consequence of strong presumption against him, he may express a desire to take the oath of pur- gation,* the minute may run as follows. C. D. still persisting in his declaration of innocence, ex- pressed a desire to have the oath of purgation adminis- tered to him ; whereupon the session agreed to take the advice of the reverend the presbytery of and ordered the clerk to transmit extracts. (9.) Supposing that the presbytery grant leave to the ses- sion to administer this oath, the minute may be as follows. The presbytery having granted leave to the session to ad- minister the oath of purgation to C. D. charged by A. B. with the crime of — and C. D. being now pre- sent, and having expressed the same desire that this oath should be administered to him, he took it accord- ingly in presence of the session ; whereupon the said C. D. was declared free from scandal, and restored to the privileges of the church. If the presbytery determine that the oath shall be taken before the congregation, the minute must be varied accord- ingly. (10.) Supposing that guilt is not proved, that the oath of purgation is not oifered to be taken, or that it is not seen for edification to administer it, then the minute may run thus. The session, on consideration of the evidence adduced, do not find the charge against C. D. to be established ; and they therefore delay this case, until God in his provi- dence shall give further light. (11.) Supposing a case to be concluded in so far as re- spects the truth of the charge made by the woman, either ♦ See No 16, p. 18. 24 KIRK-SESSION. by the confession of the man, or the production of sufficient evidence against him ; and supposing that one or both par- ties come forward craving absolution and restoration to church privileges, which the session agree to grant, then the following may be the minute. It may be remarked, however, that it is not advisable that absolution be granted at the time confession is made, or guilt established ; the case should be allowed to stand over, until the parties have given some evidence of their penitence. Compeared A. B. and C. D. last mentioned in minute of as having been guilty of the crime of fornication, (or adultery,) craving absolution from scandal, and re- storation to the privileges of the church ; and the. said A. B. and C. D. having expressed their deep sorrow for the sin of which they had been guilty, and their re- solution that henceforth, through divine grace, they will walk in newness of life, and endeavour to adorn the doc- trine of God their Saviour, the Moderator, after a se- rious rebuke, and solemn admonition, did, in name of the session, absolve them from the scandal of their sin, and restore them to the privileges of the church. (12.) In cases of antenuptial fornication, the parties are very generally rebuked and restored to church privileges on one appearance ; it being understood, however, that the minister or some of the elders, or both, have previously con- versed with the parties. In these cases the minute may run thus. Compeared A. B. and C. D. confessing that they had been guilty of the sin of antenuptial fornication, and having expressed their penitence, the Moderator, &c. The above forms refer to adultery or fornication. It is considered quite unnecessary to give forms of minutes in the case of all the different crimes of which a session ought to take cognizance. DISSENTS, COMPLAINTS AND APPEALS. 25 (13,) When a person incurs suspension from church privi- leges, (lesser excommunication,) the same may be thus re- corded. In consideration, &c., the session did, and hereby do, sus- pend the said C. D. from the privileges of the church, and order public intimation of this their sentence to be made. (14.) If the guilty person belongs to another parish, then the following addition may be made. And the session instruct their clerk to send an extract of this sentence to the kirk -session of the parish of where the said C. D. resides. DISSENTS, COMPLAINTS AND APPEALS. Any member may dissent from " any determination which he conceives to be contrary to the word of God, the acts of the Assembly, or the received order of this kirk," and may urge his dissent to be marked in the register.* Reasons of dissent may be lodged within ten days with the moderator or session-clerk, and must be read in open court, and kept in retentis, but are not to be engrossed in the minutes. Such a dissent, however, does not entitle the dissentient to be heard in the superior court in support of his dissent. But any member of court may not only dissent, but dis- sent and protest for leave to complain ; in which case, he must lodge reasons of dissent and complaint within ten days ; and the effect of this procedure is to sist the parties and the members concurring and complaining at the bar of the superior court, where the whole case is brought under review. A party may also bring a cause under review of the supe- * Vide act, June 4, 1644, sess. 7. Tliis act only speaks of members of presbyteries and synods, but it may be understood as applying to liirk-ses- sions also. 26 KIRK-SESSION. rior court, but in this case it must be done by a protest and appeal, taken at the time that the judcrment is intimated, and reasons of appeal must be lodged within ten days. All dissentients or appellants must take instruments in the clerk's hands, and crave extracts at the time of their dissent or ap- peal, in order to enable the superior court to have the case before them. Form of a minute in the case of a dissent and complaint. 18. Form of Minute when a Member of Court Dissents and Complains. From which judgment Mr G. K. dissented, and protest- ed for leave to complain to the presbytery of A., pro- mising to give in reasons in due time, took instruments in the clerk's hands, and craved extracts, which were granted. In the case of a Protest and Appeal. 19. Minute when Party Protests and Appeals. Against which judgment Mr L. M. protested, and ap- pealed to the presbytery of A., promising to give in reasons in due time, took instruments in the clerk's hands, and craved extracts, which were granted. ELECTION OF DEACONS. The office of deacon is secular, having for its object the charge of the poor, and the administration of the funds which may be raised for their support. They have no vote in matters of church discipline, but have a right to sit in the kirk-session, and to join in the deliberations of tliat court. But although their office bo secular, the church has been no less strict in requiring that they be men " ten- der and circumspect in their walk, punctual in their attend- MISCELLANEOUS BUSINESS. 27 ing upon ordinances, and strict in their observation of the Lord's day, and in regularly keeping up the worship of God in their families." Act ix. Ass. 1722, sess. 11. The forms to be gone through in the election and ordi- nation of deacons are so similar to those already given for the election and ordination of elders, that it is considered un- necessary here to suggest any styles. There must be a mi- nute recording their election, and appointing their edict to be served. There must be a minute stating that the court (kirk-session with deacons) had met for the purpose of re- ceiving any objections which might be lodged by the peo- ple ; and there must be another, recording the fact of their oi"- dination, and stating that they had signed the Confession of Faith, and that their names had been added to the roll of deacons. MISCELLANEOUS BUSINESS. I. MINUTES. Forms of minutes have been already given where they are severally applicable ; but as a general rule, it should be re- membered that all minutes should contain the date of the sederunt, and the name of the members present. They must also bear at the commencement, that the meeting was constituted with prayer ; and at the end, that the meeting was closed with prayer. They should record distinctly the whole business transacted at the meeting ; but for the mode in which this is to be done no styles can be given, as these must be varied according to the description of business before the meeting. It will be seen, however, that in many parts of this compilation, as many styles have been suggested as could properly be given. II ADMISSION OF MINISTERS. Although this is the act of a presbytery, yet it seems 28 KIRK-SESSION. desirable, that at the first meeting of session thereafter, the fact of his admission, the date thereof, &c. be stated in the minute. Ill ROLL OF COMMUNICANTS. Every kirk-session ought to keep a correct roll of all the communicants in the parish. When individuals are admit- ted members of the congregation for the first time, their admission should be recorded in a minute of session, and their names ordered to be added to the roll. It should like- wise be stated in a minute of session, when any certificate of church membership from another parish is presented, and by whom — also when a certificate is granted and to whom, and the names of the individuals ordered to be added to or taken from the roll. There should be a book kept for the express purpose of the enrolment of communicants. The following is given as a form. 20 . lioll of Communicants. Name. Occupation. Residence. When received as young com- municants, or when received on certificate from other pa- rishes, and from what parish. Date of death, or date at which certificate to rmother parish may have been ijranted, and to what parish. Remarks. It is of importance, especially in large parishes, that an MISCELLANEOUS BUSINESS. 29 alphabetical arrangement of the names be followed ; and for this purpose, a certain number of leaves in the book should be reserved for each letter. 2 1 . Certificate given to Cofmnunicants when removing to another Parish. (Place and Date.) We hereby certify, that A. B. (designation,) and C. D. his spouse, have resided in this parish for years : That they are in full communion with the church, and leave this parish free from all ground of church censure, so far as known to the kirk-session. E., Minister. F., Session-Clerk. In absence of the minister, the certificate is signed by two elders and the session-clerk. IV ROLL OF MALE HEADS OF FAMILIES, WHO ARE MEM- BERS OF THE CONGREGATION. According to act of Assembly, 1835, on calls, and to the overture and interim act, with regulations for carrying into effect the act* on calls, transmitted to presbyteries in 1836, and again in 1837, it is enjoined, that kirk-sessions make out a roll of the male heads of families who are members of the congregation, and in country parishes resident within the same, and who have been for at least twelve months in full communion with the church. This roll must be made up immediately after the occasion of dispensing the sacra- ment in the parish which shall have last preceded the 22d November in each year. When made up, it must lie open for inspection, by any parishioner or member of the congre- gation, for one week, intimation to this effect having been * For Act and accompanying Regulations, see Appendix, No. I. 30 KIRK-SESSION. previously given from the pulpit. After this, it must be authenticated on each page by the moderator and session- clerk, and then transmitted to the presbytery, to be counter- signed by the moderator. The minutes of the meetirtg at which the roll is made uj) may be in the following form. 22. Minute when Roll is made up. The session proceeded, in terms of the Assembly's regula- tions anent calls, to make up the roll of male heads of families who are members of the congregation, and resident within the same;* and having heard read the names of the persons qualified, according to these regu- lations, they ordered said names to be inserted in the re- cord kept for that purpose.f It was also agreed, that in- timation be made from the pulpit on Sabbath next, that said roll will lie open for inspection for one week in the hands of the session-clerk. The following may be given as a form of the minute of the meeting of session, subsequent to the expiry of the week. 23. Minute when Roll is completed. The roll of male heads of families who are communicants was produced ; and the said roll having remained open for inspection for the specified time, was now authenti- * The words, " resident vvitliin the same," must be omitted when the parish is not a country one. t When the parishes are small, and the number of male lieads of families very few, the names may be inserted in the minute ; but in other cases, the use of a separate book is recommended. The conununicants' roll book may be made large enough to serve this purpose. The alphabetical order may also be followed in the case of this roll, and is especially necessary when the parish is large. In cases where there is a probability that objec- tions to the list may be made by the parishioners, it may be as well that the session do not order the roll to be inserted in the separate register, until after the expiry of the week. MISCELLANEOUS BUSINESS. 31 cated on each page by the moderator and session-cleik, and ordered to be transmitted to the presbytery,* V. ELECTION OF AN ELDER TO REPRESENT THE SESSION IN PRESBYTERY AND SYNOD. It is enacted, by act xii. Ass. 1776, " That all presbytery elders shall be elected within two months after the sitting of Synod, to attend the Presbytery and ensuing Synod of that bounds; and in case of death or demission, that a new elec- tion shall be made within one month of the same. That every elder so chosen produce an extract of his election under the hand of the session-clerk, before he be received on the roll of either Presbytery or Synod." The minute of session electing the representative may be in the following terms. 24. Minute electing Elder to represent, &c. The session elect Mr A. B., one of their number, to re- present them in the Presbytery of and Synod of during the current half year. The extract may be given in this form. (Place and Date.) The session met and was constituted; sederunt, hc.^inter alia, (if there has been other business before the ses- sion,) the session elected Mr A. B., one of their num- ber, to represent them in the Presbytery of and Synod of during the current half year. Closed with prayer. Extracted from the minutes of the kirk-session of by F., Session-Clerk. * If objections liave been lodged, it will be necessary for tlie session to consider these before authenticating the record. r 32 KIRK-SESSION. VI -BURGH ELDER S COMMISSION TO THE GENERAL ASSEMBLY. By act of Assembly, July 15, 1648, and act ix. Ass. 1718, it is ordained, that no commissions for royal burghs to their representatives in Assembly be sustained, unless they are consented to and approven by the kirk-session of the burgh ; and by act x. Ass. 1783, the following is given as the form of the attestation to be employed by the kirk-session.* 25. Attestation of Burgh Elder's Commission. At the day of years. The which day the Kirk-session of having had laid before them a commission by the magistrates and town council of to ruling elder, to represent the said burgh in the ensuing General Assembly of this national church, do, in terms of the 4th act of Assembly, 1720, testify and declare, that the said is an elder law- fully ordained, and that he has signed the formula pre- scribed by the 1 1th act of the General Assembly 1694, and likewise that he is (a residenter in the said burgh,) or (an heritor in the said burgh,) or (an heritor in the bounds of the said presbytery of within which the said burgh lies,) or (has formerly resided and offi- ciated as an elder in the said burgh,) or (presbytery of within which the said burgh lies.) Attested by E., Moderator. F., Clerk. • By an overture transmitted on 1st June 1759, the General Assembly, " cons^idering that the acts respecting the election and qualification of members of Assembly are very much scattered, having been made on dif- ferent occasions, and therefore are not sutliciently attended to, and that diffi- culties and disputes have often arisen in the application of them," did pro- pose certain forms, &c. which were enacted by the following acts, vii. 17G6, iv. 1768, and, lastly, the actx. 1783, which now regulates these forms. MARRIAGE, BAPTISM, BURIAL 33 MARRIAGE, BAPTISM, BURIAL. 1. PROCLAMATION OF BANNS, REGISTRATION OF MARRIAGES, &e. Before parties can be married, they must, according to the laws of the church, be proclaimed three times in the parish church of each of the parties. For this purpose, the names of the parties must be given in to the session-clerk, who being satisfied that one or both have resided in the parish for the space of six weeks, — that they are unmarried persons, — and not within the forbidden degrees of consanguinity, is to make the following entry in the register which is kept for proclamations and marriages. 26. Form of Entry of Proclamation in Session Record. A. B. residing in this parish, (or whatever the parish of the man's residence may be,) and C. D. residing in this parish, (or in whatever parish the woman may happen to have her residence,) have given in their names in order to proclamation of banns. In populous parishes, the session-clerk may have no per- sonal knowledge of the parties ; in which case, they must bring him a certificate, signed by two householders, or by an elder, stating that one or both of them have been resident- ers in the parish for six weeks or more ; that they are un- married, &c. The certificate of the householder may be as follows. 27. Certificate of Householder. At B. the day of 18 ,1, A., householder in the parish of B., and residing in , and I, C, householder in the same parish, and residing in , do certify, that and one of whom has been c ^4 KIRK-SESSION. a residenter (or both of whom have been residenters) in said parish for the space of six weeks or more, are personally known to us ; and that we have good cause to believe that they are unmarried persons, and not within the forbidden degrees of consanguinity. A., Householder. C, Householder. The elder's certificate may run thus. 28. Certificate of the Elder. At B. the day of 18 , I, A., one of the elders of the parish of B., do hereby certify, that and one of whom has been a residenter (or both of whom have been residenters) in the said parish for the space of six weeks or more, are believed and reputed to be unmarried persons, and not within the forbidden degrees of consanguinity. A., Elder. According to act viii. Assembly 1784, session-clerks are prohibited from proclaiming parties until the leave of the minister to this eftect has been obtained. This act declares that no session-clerk in this church shall proclaim " any persons in order to marriage, until he give intimation to the minister of the parish in a writing, dated and subscrib- ed by him, of the names, designations, and places of re- sidence of the parties to be proclaimed, and obtain the said minister's leave to make the said proclamation ; with certification, that if any certificate of proclamation of banns is given without observing the above order, the said cer- tificate shall be held as a false certificate, and the session- clerk who subscribes it shall be censured accordingly ; and in case of a vacancy, the above intimation is to be made to two of the elders of the parish." The names being thus entered in the parish register, and the minister's leave having been obtained, the parties are to MARRIAGE, BAPTISM, BURIAL, 35 be proclaimed in the parish church^three several times in the following terms. 29. For^n of Proclamation of Banns. There is a purpose of marriage between residing in and residing in of which pro- clamation is hereby made for the first (second or third) time. The proclamation having been made, and no objection offered, the session-clerk is to grant a certificate of procla- mation in the following terms. 30. Certificate of Parties having been proclaimed. At the day of 18 . It is hereby cer- tified, that A. B., residing in and C. D., residing in have been three times proclaimed in order to marriage in the parish church of and that no ob- jections have been offered. E. F., Session-Clerk. On producing such a certificate to a minister, he is war- ranted to marry the parties; and having done so, he is to cer- tify the marriage in the following terms. 3 1 . Certificate by Minister marrying Parties. I hereby certify, that and were married by me the day of 18 . G. H., Minister of K. The parties must be careful to report the marriage to the session-clerk, in order that it may be recorded. In general, the date of marriage, &c. is registered in the same entry as was originally made when the names were given in. For this purpose, the session-clerk leaves a sufficient space 36 KIRK-SESSION. after the words " proclamation of banns," in Style 26, and adds, 32. Form of Registration of Marriage. They were regularly proclaimed the and married by on the day of 18 . II. BIRTHS AND BAPTISMS. A register is kept in every parish for births and bap- tisms. The following may be given as the form of an entry. 33. Registration of Birth. A. B. and C. D. had a lawful (son or daughter,) born and baptized by before the congre- gation, (or when done privately, this must be stated, and the names of two witnesses given,) called III BURIALS. The following may be given as a form of entry in a re- cord of burials. * It having been found that many people are careless about the regis- tration of births and baptisms at the proper time, and that they come for- ward to liave their children's names entered in the record many years after their birth, some presbyteries have instructed the kirk-fessions within their bounds, not to allow any registration to be made when more than a year has elapsed, until the parents or persons interested appear before them with sa- tisfactory evidence of the truth of their statement respecting the time of birth and baptism. The minute of session bearing that such an appearance had been made may be as follows. Compeared A.B. desiring that the session would permit the registration of his lawful son (or daughter,) born and baptized The session being satisfied by the evidence produced of the facts stated by the said A.B., they order the following entry to be made in the re- gister of baptisms, together with an extract of this minute. A. B. and C. D. had a lawful (son or daughter) born and baptized by before the congregation, (or when done privately, the names of the vritnesses should be given,) called MARRIAGE, BAPTISM, BURIAL. 37 ^ A. Record of Burials. 18- Names. Name and Designation. .. B., son of C. D., (profession and residence,) died and was buried 1. F., (designation,) died day of , and was buried day of Diseases. Hooping-Cough. General Debility Ages. V. M. vv. D Abstract of Funerals in 18- — Age. B _o S 3 d o U c .2 s g OS X o < P- o S "5 .2 Is 6 M. r. M. F. M. F. M. F. M. F. M. F. M. F ii F. M. F. 5 to 10, 10 to 20 20 to 30 30 to 40, 40 to 50, 60 to 6i>, 70 to 80, 80 and upwards. MANAGEMENT OF THE POOR. " The power of imposing, apportioning, and levying an assessment, belongs solely to the magistrates in burghs, and in landward parishes to the heritors and kirk-session."* " Burghs of barony and regality fall under the class of landward parishes, royal burghsf alone being comprehended under the other class."t * Dunlop's Parochial Law, p. 229. t In royal burghs, where the population is small, and there is also a land- ward parish, the assessment is generally laid on by the heritors and kirk- session. X Dunlop, ibid. 3$ KIRK-SESSION. 35. Minute by Magistrates in Burghs imposing Assessment. (Place and Date.) The magistrates having met for the purpose of apportion- ing the assessment for the support of the poor, and made the usual investigation into the state of the poor, the number on the roll, and the amount presently paid to them, find that it will be necessary to levy for the pre- sent year from the inhabitants an assessment of L. and having further considered as carefully as in their power the means of the inhabitants, they agree to the rental of assessment which has been made up and cer- tified by the chief magistrate as relative hereto, and au- thorise to collect the same. The above is given as a general form, but it is believed that, in a great number of royal burghs,* a system of manag- ing the poor by means of town's hospitals, charity work- houses, &c. has been resorted to. In larger towns, (not royal burghs,) a system of forms, such as the following, has been adopted. 36. Notice summoning a Meeting of Heritors and Session. Parish of The annual general meeting of the heritors and kirk-ses- sion of this parish is to be held in the church here on the day of next at o'clock noon, for the purpose of laying on the annual parochial assessments for support of the poor, &c., and taking into consideration various other matters connected with the parish. A full attendance is particularly requested. * In burghs the whole assessment is imposed on the inhabitants, being apportioned on each according to his substimce, bcth heritable and moveable; the heritage within burghs, however, being alone cojnputed. 1597, cap. 280. MANAGEMENT OF THE POOR. 39 This notice is usually read from the pulpit two successive Sabbaths, and in some populous parishes it is also inserted in the newspapers. The proclamation of the Privy Council, in the reign of William and Mary, dated 11th August 1692, appoints " the heritors, ministers, and elders of every parish, to meet on the 1st Tuesday of February, and the 1st Tuesday of Au- gust yearly, to consult and determine herein as shall be thought fit for every ensuing half year, and to appoint over- seers by the year or half year, as they shall conclude." 37. Report by Committee of Heritors and Kirk-Session. The committee submit the accounts of receipt and dis- bursement for the past year, from which it appears that there has been drawn (Give abstract of receipts,) and expended (Give abstract of expenditure.) The committee considering that the expenditure for the ensuing year will be equal in amount to that of the year bypast, recommend that a similar assessment, viz. of per pound on the rental of the parish, be levied in the year ensuing for the support of the poor, one half of which to be paid, in terms of law,* by the landlord, and the other half by the tenant. The committee considering that (narrate any parochial expenses that may be incurred connected with the management of the poor) are of opinion that it will be necessary to impose an assessment of per pound on the rental of the parish to meet these expenses, and accordingly recommend to the general meeting to order an assessment of this amount. * Proclamation, 1 1th August 1692. 40 KIRK-SESSION. 38. Minute of General Meeting of Heritors and Kirk- Session imposing Assessment. Inter alia, In reference to the assessment on the parish for the en- suing year, it was moved by that the assessments recommended by the committee to be levied for the support of the poor, and for parochial expenses, should be imposed ; and this motion being seconded and unani- mously agreed to, the meeting resolve accordingly. The meeting farther appoint A. B. C D. E, &c., a com- mittee to take up a rental of the parish for the pur- pose of apportioning the said assessments, (mention any other special power given to the committee,) and gene- rally to take charge of the management of the poor, and other parochial interests in the parish. 39. Notice to Persons assessed. (Name of Parish, Assessment for the Poor, &c ) The rental appointed for the assessment for the support of the poor, &c., agreed to by the general meeting of the heritors, held on the day of last, having now been taken up by the committee appointed for that purpose, intimation is hereby given, that the books con- taining the said rental will lie in the session-house for days, commencing on the next, from to o'clock each day, that all parties concerned may have an opportunity of examining the same; with certification, that no complaint will after- wards be received against the rental or valuation. This notice is intimated in the same manner as the notice No. 3G. In landward parishes a very simple form is usually em- ployed. The heritors and kirk-session, at an annual meeting MANAGEMENT OF THE POOR. 41 held for the purpose, adjust the amount of poor's rates, which it is necessary to collect, and the mode in which it is to be apportioned on the different heritors and householders, and authorise the session-clerk to levy the amount of assessment. The minute by which this is done can be framed by merely abridging and simplifying the forms above given, ^0. Attestation by Minister^ Warranting Application to Sheriff. (Place and Date.) I, the Rev. minister of the parish of , do hereby, agreeably to the proclamation of the Privy Council, William and Mary, 11th August 1692; and in order that the sheriff may carry into execution the provision in the said proclamation, against those who fail to pay the assessment imposed on them for the sup- port of the poor, certify and attest, that C. merchant in L in this parish, has failed to pay the sum of L. being the assessment at per pound, imposed upon him for the support of the poor of this parish, conform to rental (taken up by the committee appointed for that purpose at) or (agreed to at) a general meeting of the heritors and kirk-session, held on the day of By the proclamation cited, the sheriff " is required to call the delinquents before him, without any delay, and if guilty, to fine them in double the quota which the minister shall at- test to be wanting, and to cause poind for the same imme- diately." Where churches are vacant, the attestation is made by two of the heritors appointed for the purpose. The sheriff has no jurisdiction as to the justice or appor- tionment of the assessment. The attestation of the minister or heritors being laid before him, his duty is merely minis- terial. Parties conceiving themselves aggrieved may have 42 KIRK-SESSION. redress by suspension or advocation to the Court of Ses- sion.* Application for Aliment. Generally thg pauper applies to the minister, session- clerk, or some of the elders, by whom his residence is sufB- ciently known; and his case being verbally reported to the first meeting of session, is disposed of according to their discretion. But in very populous parishes, where such a simple form of procedure cannot be followed, various means are used for discovering the real condition of the applicant. For this purpose different forms are employed. That fol- lowed in St Cuthbert's parish is here given as a specimen. 41. Form of Application for Aliment. Questions to be answered, and Declaration to be signed by all Applicants for Parochial Relief in the Parish of St Cuthbert's, as often as required by the Managers ; also by all Paupers already on the Parish, otherwise their allowan- ces to cease from and after \st October 1833. Q. 1. What is your name ? A. [Here a blank is left to be filled up by the applicants, and the same is repeated at the end of each question.] Q. 2. Your present residence ? Q. 3. Your age ? Q. 4. The place of your birth ? Q. 5. Can you read? Q. 6. Can you write ? Q. 7. Your parents' names, occupations, and residences ? Q. 8. To what business were you bred, and when, and where, and under whose charge ? Q, 9. What do you now work at ; and how have you been hitherto employed and supported ? * Du!>lop, p. 250. MANAGEMENT OF THE POOR. 43 Q. 10. If married, state here your husband's or wife's name and connections. Q. II. If you have children, state their names, ages, and occupations, and where they reside. Q. 12. If your husband or wife is dead, state where he or she died, and how long ago. Q. 13. Have you any money belonging to you in the hands of any person, or in any savings-bank, or in any bank whatever? If so, state the amount and particu- lars. Q. 14, Have you any heritable property — or have you any expectation of succeeding to any heritable proper- ty ? If so, state the value, and other particulars. Q. 15. Have you any right to any property or succes- sion, or are there any debts due to you ? If so, state the value and amount, also the names and addresses of the persons against whom you have claims, and all other particulars regarding the same. Q. 16. Are you in possession of any moveable property, furniture, or other effects ? If so, state the sort of pro- perty or effects, and the value of the whole, as nearly as possible. Take Notice — Tbat if false answers are given to any of the foregoing queries, tbe parish may eventually claim any funds or property you conceal, and may recover tbe same for behoof of the Poor of tbe Parish. Q. 17. State here how long you have resided in this parish ; also the particular places in which you have re- sided during each of the last six years. Also the narres and addresses of your landlords, and the rents paid to each. Produce also the landlord's receipts for the rents, and the receipts for the parish rates or taxes which you have paid, or other satisfactory proof. Take Notice — Thatif you do not produce, in answer to thisquery, ( omplete evidence of your legal residence in this parij-h, for at least three years, without getting charity, the Managers are not entitled by law to grant you any relief. 44 KIRK-SESSION. Q. 18. State here what premises you occupy, and the rent you now pay, Q. 19. State here your present landlord's name and ad- dress. Q. 20. State here any bodily disease or infirmity which disables you from earning your livelihood, and how long you have been afflicted with it. Take Notice — The answer to this must be certified by a Medical Gentleman. Q. 21. Have you ever received any parochial relief before? If so, state when, and how much you received. Q. 22. Have you ever received any charity from any person or institution? If so, state the times when, and how much you received. Q. 23. What place or places of worship have you attend- ed during the time you have been in this parish ? If you are a communicant in any congregation, produce a certificate from your minister, stating how long you have been so, and your character. Q. 24. If able to earn your livelihood, either in whole or in part, state here the extent and nature of the work you could perform, and how much you could earn per week, supposing you got employment. Q. 25. State here any other peculiar circumstances in your case that you consider entitle you to claim to be supported by this parish. Q. 26. Supposing that the Managers should agree to sustain your application, are you willing to subscribe the annexed Declaration, bequeathing all you may have at your death to the parish, in repayment of what they may now advance to you ? Q. 27. If the Managers grant you an allowance of meal, bread, or money, what is the smallest extent of assist- ance of this sort that would be sufficient ? Q. 28. If the Managers find that they cannot grant you any out-door monthly allowance, are you willing to give MANAGEMENT OF THE POOR. 45 up all you have to the parish, and to become an inmate of the Charity Work- House; and when admitted, do you promise diligently to labour at such work or service as you may be able for, and as may be prescribed to you by the Managers in the Work-House ? [The Applicant signs here.] iV.j5.__ Paupers will be cautious to give true Answers to the whole of the above Queries, otherwise they not only forfeit all claim to relief, but may farther be prosecuted for fraud and wilful im- position upon the truth being discovered. Solemn Declaration by the Applicant. I, the said do hereby solemnly declare that the written answers above inserted to each of the foregoing printed questions are all true ; that I have kept back no part of the truth, but have stated my whole circum- stances in the above answers to the best of my know- ledge and ability. Farther, upon the managers either granting me an out-door allowance, or admitting me in- to the Charity Work- House, I hereby oblige myself and my heirs (should we ever be able) to refund and pay back the amount or value of whatever I may re- ceive, or that may be expended for my support ; and farther, in the event of my death, I hereby nominate and appoint the managers for the time of this parish, or any two of them accepting, to be my executors and universal legatories, but only to the efl'ect of their being refunded of all sums or allowances advanced or laid out by them for me, as aforesaid, and of any expenses they may be put to in recovering the same. If admitted to the House, I agree to labour diligently at any work or service I may be able for, so long as I remain there, and I will submit and conform myself in this and every other respect to the rules of the House. In witness whereof, I subscribe the two foregoing pages, with this Declaration, in presence of the witnesses after named, 46 KIRK-SESSION. and I dispense with all other formalities. Witness my hand, — [The Applicant signs here.] Edinburgh, day of 183 . We certify that we were present, and saw the above named and designed Applicant agree to, and duly sign the above solemn De- claration,* this day, in our presence. Witness our hands, [Two witnesses sign here, each adding his address after his name.] • Certificate to he subscribed by two or more of the Heritors or Householders of the Parish. We, subscribing heritors or rate- payers in the Parish of St Cuthbert's, do hereby certify, that the applicant has been personally known to us during the last years, and is a person of sober habits, and good character. We also "do hereby certify and attest, from our personal knowledge, that the statements in the foregoing answers are consis- tent with truth, and we therefore recommend the case to the favour- able consideration of the managers. [Per>ons signing this to add their address and residence.] Certificate to he got subscribed by a Medical Gentleman when applicable or necessary to support the Answer to Question 20. I do hereby certify that the Applicant is unable to work for his [or her] maintenance, on account of [Here the nature of the dis- ease or defect to be specified ; also how long it has been ob- served, and whether curable or not, cScc] This I certify upon soul and conscience. Witness my hand, [The Medical Gentleman to sign here, adding his address and residence.] Report by Manager, 183 . 1. That the applicant is entitled to relief on the ground of the residence of in the Parish of St Cuthbert's, for upwards of three years, and 2. That on account of the applicant's circumstances, viz. 3. Relief should be granted as under, viz. All which is reported by Managers. T.AKE Notice 1. All persons subscribing cert ifi fates are requested to take notice, that every application is required to contain a full and true statement in regard to the applicant's circumstances, character, POOR'S ROLL IN CIVIL COURTS. 47 APPLICATIONS FOR THE BENEFIT OF THE POOR'S ROLL IN CIVIL COURTS. In accordance with the benevolent spirit of the Law of Scotland, provision is made for conducting gratuitously, in and habits, and that any person or persons knowingly attesting any false statements, or attesting as " of sober habits and good characier," any applicant addicted to " immorality or to drunkenness, " will be held liable to repay to the parish any relief or allowance that may have been granted, upon the truth being discovered. 2. No application will be gianted unless distinct and satisfactory answers are made to each of the foregoing questions, and the within declaration duly subscribed by the applicant ; also one or both of the within cer- tificates duly subscribed, as the case may require. No certificates from landlords will be received, if signed in behalf of their own ten- ants. 3. No persor.al application from paupers is upon any account to be made to the managers at their own houses, as the individual managers have no power to grant any relief until agreed upon, and ordered by a re- gular meeting. 4. Paupers admitted to the work-house by order of a meeting of the man- agers, will be received any day (Sabbath excepted) between twelve and one o'clock afternoon. 5. Paupers in the house, or receiving out-door allowances, if convicted of selling bread, meal, coals, or provisions of any kind, obtained from the parish, or purchasing or using spiritous liquors, will forfeit all claim to any farther relief, and may also be |)rosecuted, and otherwise punished as the law directs. Shopkeepers and others purchasing bread, meal, or coals, from paupers, or taking these articles from them for others, u|ion being discovered, will be |)rosecuted with the utmost rigour, and u()on conviction, are liable to severe punishment. 6. No persons are admitted to the work-house, to see any of the paupers, without a written order from a manager ; and persons with a written order are only admitted on week-days, and between twelve and one o'clock. 7. No pauper, after leaving the house, or being sent out by a committee, can be re-admitted but upon a regular application, and by an order from a meeting of the managers. 8. Forms for applications arc given out at the Charity Work- House, every Wednesday, between twelve and one o'clock ; and when filled up, must be returned to the Charity Mork- House, after which they will be examined and decided on by the manager's : and when so de- cided on, notice will be given to the applicant on applying at the work-house. [ This paper to be kept quite clean, and when filled vp in the manner re- quired, must be returned on the Monday following to the clerk at the Charity Work- House- 48 KIRK-SESSION. all Courts of Justice throughout the country, the pleas of those parties whose poverty renders them unable to bear the expense of a law-suit, (1 Ja. cap. 45, 12th March 1424.) This provision was first made by an act of Parliament passed upwards of four centuries ago, and the different legal bodies practising before the Civil Courts, both Supreme and In- ferior, now annually appoint certain of their number to act in their respective departments, as the legal advisers and agents of the Poor. Parties admitted, as it is termed, to the benefit of the Poors Roll^ are not only entitled to have their cases conducted altogether gratuitously by their coun- sel and agents, but are not liable in payment of any of the dues of Court, or of fees to the Clerks and Officers of Court. As this exemption necessarily confers a very important ad- vantage on a poor party over his antagonist, who is liable in payment of the usual expenses attending legal proceed- ings, various regulations have been adopted for the purpose of preventing improper parties from obtaining the privilege. One branch of these regulations is directed towards ascer- taining whether the cause which the applicant is desirous of suing is one which appears to be a fit object for legal inves- tigation, or, in technical language, whether there is proba- hiiis causa litigandi. The other branch, and the only one to which it is necessary here to advert, refers to the very im- portant question, whether the party is in such circumstances as to be entitled to this benefit. The form of procedure in this matter, in the Court of Session, is regulated by Act of Sederunt, of date 16th June 1819, which proceeds upon the narrative, " that there is rea- son to believe that many persons have got upon the poor's roll who are not proper objects for it, and have thereby ob- tained a great advantage over their adversaries, some of whom are often in circumstances little better than them- selves ; and whereas it is therefore expedient that provisions should be made, which, while they secure the benefit of the poor's roll to those who really deserve it, may at the same time exclude those who are not proper objects." POOR'S ROLL IN CIVIL COURTS. 49 It is thereby ordained, " That no person shall be en- titled to the benefit of the poor's roll, unless he shall pro- duce a certificate under the hands of the minister and elders of the parish where such poor person resides, setting forth his or her circumstances, according to a formula hereto annexed. *' That if the party's health admits of it, he or she shall appear personally before the minister and elders, to be exa- mined as to the facts required by said formula ; and the mini- ster and elders shall then certify how far the statement given by the party consists with their own proper knowledge, or that of any one of them, or whether its credit rests solely on the statement of the applicant, in which case they shall certify whether he or she be of good character, and worthy of credit. " That ten days' previous intimation shall be given to the adverse party, of the time and place fixed for making the said declaration or statement before the minister and elders, of which intimation evidence must be produced to the mini- ster, under the hand of a notary-public, messenger-at-arms, sheriff or town officer, or other officer of the law." The following is the formula annexed to this act. 42. Formula for the use of the Clergy^ in framing Certifi- cates of Poverty before referred to. We, the undersigned minister and elders of the parish of do hereby certify, that on the day of A. B. residing at applying for the bene- fit of the poor's roll to enable him (or her) to carry on a law-suit, about to be brought (or presently depend- ing) before the Court of Session, appeared personally before us, and did in our presence emit the following statement in regard to his (or her) circumstances and situation. That he (or she) is years of age. That he (or she) is unmarried, or married, as the case may be. 50 KIRK-SESSION. That he (or she) has (number of) children under such an nge^ or in such and such circumstances. That he (or she) has resided in this parish for so long. That he (or she) is possessed of such and such property, (here state particularly the applicant's property of every description.) That he (or she) is of such a trade, in which his (or her) earnings amount to so much. That he (or she) has, or has not at present, any other law-suit depending before this or any other Court, (or if the applicant has any other law-suit, the case should be particularly mentioned.) Signed by the applicant, the minister, and elders. " The minister and elders are then hereby required to add whether the whole, or any, or what part of the fore- going statement is consistent with their own proper know- ledge, or with the proper knowledge of any one of them ; or whether its credit is to depend entirely on the statement of the applicant himself; or, if the case admit of it, they may add any other causa scientice that may occur to them." The regulations in regard to applications in Sheriff and other inferior courts are less complicated, it being enacted by Act of Sederunt, Nov. 12, 1825, that in such cases there shall be produced by each applicant " a certificate, signed by the minister of the parish, or by the heritor on whose lands the pauper resides, or by two elders, bearing that it consists with their personal knowledge, that the person prosecuted, or who means to bring the action, is not possessed of funds for paying the expense thereof." If the minister or elders are able to certify this fact upon their personal knowledge, they will of course do so ; but, as it may frequently happen, particularly in large parishes, that they do not possess this personal knowledge, it seems expedient that, in such cases, a declaration, similar to that prescribed in the formula above POOR'S ROLL IN CIVIL COURTS. 51 quoted, should be required from the applicant, and that the minister and elders should certify how far the facts stated consist with their own knowledj^e, and how far they consider the applicant as worthy of credit. It would be proper like- wise that notice of the time and place fixed for receiving this declaration should be given to the adverse party, so as to aftord him an opportunity of being present. If the adverse party attend at the declaration, any proper suggestions or interrogatories proposed by him ought to be received, and the result embodied in the report. It must also be carefully observed, that in this investigation the merits of the pleas of parties cannot be touched upon, as the circumstances of the applicant are the only point which it is competent to investigate or report upon. It may be remarked, in conclusion, that although the Acts of Sederunt above referred to do not authoritatively bind the clergy in their ecclesiastical capacity, and although they cannot be compelled to report in the specific mode thereby prescribed, yet this is a duty which ought to be carefully performed, both from respect to the courts from which these regulations emanate, and from a regard to the interest of the poor ; and although courts of justice cannot compel ministers and elders in their official character to comply with these salutary regulations, yet they are entitled, by virtue of their inherent authority, for the investigation of all facts neces- sary for accomplishing the ends of justice, to compel the attendance of the ministers and elders at their bar, in the character of witnesses, who are bound to state whatever they know in regard to the matter under consideration. Some in- stances of this nature have recently occurred, in which mini- sters and elders have been summoned before the bar of the Supreme Court, and required to give evidence there, and that, too, where their failure to report, in the terms prescribed, arose not from any reluctance to do so, but from want of in- formation as to the course which they ought to have followed. 52 PRESBYTERY. PRESBYTERY. A Presbytery consists of the ministers of all the parishes within the bounds of the district, of the professors of divinity of any university that may be situated within the bounds, provided they be ministers, and of an elder from each of the kirk-sessions in the district. One of the ministers is chosen to act as moderator, and it is the general practice, that the moderator elected continues in office for six months. The business of presbyteries is to examine students of divi- nity, and license them to preach the gospel ; to take trial of presentees to parishes, and if they find them qualified, to ordain them to the ministry, and grant them induction ; to see that the word is preached, divine ordinances regu- larly dispensed, and the various duties of the ministry dis- charged within the bounds ; to take cognizance of the conduct of each minister, and in the event of any charge being made, involving censure, suspension, or deposition from his office, to libel the person accused, to take evidence, to judge of the same, and pronounce sentence accordingly. It belongs to presbyteries to examine schoolmasters and confirm their election ; also to try them when accused, and depose them from their office, should the crime proved involve that sen- tence. It is their duty to make an annual examination of all the schools within the bounds, and to judge of all complaints, appeals, and references which may come from an inferior court. And as a civil court, it belongs to them to judge and LICENSING PROBATIONERS. 53 determine all matters connected with glebes, and the erec- tion or repair of churches and manses. LICENSING PROBATIONERS. By act vii. Ass. 1827, it is enacted, " That previously to the enrolment of any student as a student of divinity, he shall be examined by the presbytery within the bounds of which he resides, upon Literature, Science and Philosophy, particularly upon Greek and Latin ; that when students shall not give regular attendance at the Divinity Hall, ex- cepting for one year of their course, they shall, during the currency of the fourth year of that course, be examined by their respective presbyteries upon their attainments in Divi- nity, Church History, Greek and Hebrew, and that in both cases, they shall present to the Professors of Divinity under whom their studies are conducted, the certificates of examination granted by presbyteries."* For these examinations, the student does not require to be recommended or proposed before-hand, but has simply to present himself before the presbytery for the purpose. The certificates granted, in these cases, by the presbytery, will run respectively as follows; a short entry to the same effect being also made in the minute. * Besides this Presbyterial certificate, the student must produce to the Professor of Divinity, before being enrolled by him, *' a certificate from the minister of the parish in which he has his usual residence; or, in his absence, or during a vacancy in said parish, from some neighbouring minister, bearing that his character is suitable to his views ; together with a diploma of Master of Arts, or certificates from the several professors of philosophy under whom he has studied, from which it may be clearly ascertained that in some univer- sity or universities he has gone through a lull course of philosophy, in some winter-sessions of college, preceding that in which the certificates are pro- duced." — Ass. 1813, act viii. § 1. In the Scottish Universities this course oc- cupies four years, comprising three sessionsof Greek, one of Latin, one of Lo- gic, one of Moral Philosophy, one of Mathematics, and one of Natural Philo- sophy ; of which one session of Greek, the session of Logic, that of Moral Philosophy, and that of Natural Philosophy, must be attended during Ji/fer- ent years. The degree of Bachelor of Arts from an English University was, in one case, received by the Presbytery of Edinburgh as a sufficient quali- fication for being enrolled as a student of divinity. 54 PRESBYTERY. 43. Certificate requisite for a Student before he enters the Divinity Hall. (Place and Date.) That A. B. appeared this day before the presbytery of with a view to his entering the Divinity Hall for the first time ; that he was examined in terms of the 7th act of Assembly 1827; and that the presbytery were satisfied with his proficiency, is attested by C. D., Presbytery. Clerk. 44. Certificate requisite for a Student of Divinity before he enters on fifth year of his course. (Place and Date.) That A. B. student of divinity, appeared this day before the presbytery of with a view to his entering on the fifth year of his course ; that he was examined, in terms of the 7th act of Assembly 1827, upon his at- tainments in divinity, church history, Greek and He- brew ; and that the presbytery were satisfied with his proficiency, is attested by C. D., Presbytery-Clerk. When a student is proposed to any presbytery in order to be taken on trials,* the presbytery must be alone, and the * A student is " entitled to apply to the professor for his certificates, that he may be proposed for trials, and that the preliminary steps may he taken l)y the presbytery, during the currency of the last session of his course; — with this limitation, that if the last session is to be claimed as a session of regular attendance, he shall, toward the conclusion thereof, obtain a new certificate of his attendance durinp; its currency, and produce the same to the presbytery or synod." — Ass, 1813, act viii. § 2. When the synod meets only once a-year, special privileges, in regard to the time when he may be taken on trials, are given to the student, as will he noticed hereafter. For this reason, a list of the synods and days of meeting is subjoined. DAYS OF MEETING OF SYNODS. Aberdeen — at Aberdeen, April, second Tuesday; October, second Tues- day. Angus and Mearns — at I'oifar, April, fourth Tuesday; at Brechin, Octo- ber, fourth Tuesday. LICENSING PROBATIONERS. 55 motion for that purpose must lie on the table till the next ordinary meeting. In the meantime, the presbytery should appoint the member by whom such student has been pro- posed to lay before the said meeting the certificate or cer- tificates in favour of the student required by the act ; and also to desire the student to appear at the same time, and previ- ously, if possible, to wait upon such members of presbytery as have not had an opportunity of conversing with him in private. At their next meeting, the presbytery must be alone while discussing the motion. Before acceding to it, they must require satisfying evidence that the student has completed his 21st year. They must have produced to them a certi- ficate or certificates from the Professor or Professors of Di- vinity under whom he has studied, bearing that he has gone through a requisite course of study, delivered the discourses prescribed by Ass. 1813, act viii. § 2 ;* and that his con- Argyll — at Inverary, Aufrust, first Wednesday. Dumfries — at Dumfries, April, third Tuesday ; October, third Tuesday. Fife — at Kirkaldy, April, second Tuesday ; at Cupar, October, second Tuesday. Galloway — at Newton- Stewart, April, fourth Tuesday ; October, fourth Tuesday. Glasgow and Ayr — April, second Tuesday; October, second Tuesday. The order of meeting is twice at Glasgow, then once at Ayr, twice at Glas- gow, once at Irvine. Glenelg — at Broadford, Skye, Wednesday preceding the opening of the General Assembly by one calendar month. Lothian and Tweeddale — at Edinburgh, May, second Tuesday ; Novem- ber, second Tuesday. Merse and Teviotdale — at Kelso, October, fourth Tuesday ; at Kelso, Dunse, or Jedburgh, April, fourth Tuesday. Moray — at Elgin and Forres alternately, April, fourth Tuesday. Orkney — at Kirkwall, .luly, last Wednesday. Perth and Stirling— at Stirling, April, third Tuesday; at Perth, October, third Tuesday. Ross — at Chanonry, Dingwall, and Tain, alternately, April, third Tues- day. Shetland — at Lerwick, April, last Wednesday. Sutherland and Caithness— at Thurso and Dornoch alternately, April, last Wednesday. * If a student give regular attendance at the Divinity Hall during three sessions, his course is completed in four ; if he attend regularly two sessions, it is completed in five ; if be attend regularly only during one session, it is completed in six : and in this latter case the regular session must be either 56 PRESBYTERY. duct, so far as the Professor's knowledge extends, has been suitable to his views in life. These certificates the presby- tery must record at full length in their minutes, of which the student is entitled to obtain extract. The presbytery must be satisfied that he is of good report, pious, sober, and well affected towards the establishment in this kingdom in church and state ; and, to afford security in this respect, he must either have generally resided within the bounds of the pres- bytery during the last twelve months, or he must produce a certificate of character from the presbytery within whose bounds his general residence has been during that period. In order to satisfy themselves of his proficiency in those branches of knowledge which are requisite to his becoming a preacher of the gospel, the presbytery examine the student privately in his knowledge of the Greek and Latin lan- guages, and of philosophy and theology, Ass. 1813, act viii. § 5, art. 5 ;* and, if satisfied with his appearance, the presby- tery record it in their minutes as their opinion, that the stu- dent is duly qualified to be taken on public probationary trials, and direct their clerk to write circular letters to the several presbyteries within the bounds of the provincial sy- the first, the second, or the third of liis course. Ass. 1813, act viii. 5 2, and Ass. 1826, act viii The discourses required by acts of Assembly to be de- livered by students while attending the Divinity Hall, independently of such other exercises as the professors u,ay think fit to prei-cribe, are an exegesis in Latin on some controverted head of di\inity, a homily in English, an exercise and addition, a lecture on some large portion of Scripture, and a popular sermon, Ass. 1813, act \iii. § 2. Students of divinity are also re- quired to attend two sessions of Hebrew and two of Church History; of all which they must produce certificates to the presbytery. A(;t ix- Ass. 1833. If a student have studied either in whole or in part in Protestant Univer- sities, which are not within the bounds of this church, he must, when he is proposed to any presbytery for trials, produce satisfying testimonials from the professors of divinity in said imiversities, and the time whit'h these profes- sors certify to iiave been employed by him in studying divinity under their tuition is computed in the same manner as if he had prosecuted his studies in any of the universities within tlie bounds of the church ; no student, how- ever, in such circumstances, can be admitted even to the private trials which precede his being pioposed to the synod, sooner than six calendar months after his arrival in Scotland. * This private examination is in many presbyteries entrusted to a com- mittee, by which means they are able to make it much more thorough and satisfactory. LICENSING PROBATIONERS. 57 i»od to which they belong, intimating the presbytery's inten- tion to take the student on public probationary trials, (§ 5, art. 6.) The entry in the minutes will be in the following terms. 45. Form of Minute when a Student of Divinity has been examined and found qualified. At the day of which day the presbytery of met, and was duly constituted with prayer : Se- derunt, Rev. A. B., Moderator, Messrs C. D. E. F. and G., Ministers, Messrs H. and K. Ruling Elders. The motion that A. B., student of divinity, be taken on trials, having lain on the table since last meeting, was now taken up, and the presbytery being alone, Com- peared the said A. B., and produced satisfactory evi- dence to the presbytery that he had completed the twenty-first year of his age, and also the following cer- tificates from the Professors of Divinity under whom he had studied. (Here copy them verbatim.) The said A. B. also produced satisfactory evidence of his character and manner of life being in accordance with the acts of Assembly anent probationers. Thereafter and members of presbytery, stated that they had had private interviews with the said A. B., and having examined him in his knowledge of the Greek and Latin languages, and of philosophy and theology, had found that he had made such proficiency in these branches of knowledge as might enable him to be a useful preacher. The presbytery, having con- sidered these certificates and statements, and examined the said A. B. in the above branches, are of opinion that he is duly qualified to be taken on public proba- tionary trials, and order their clerk, two months at least before the next meeting of the provincial synod, to write to the other presbyteries within its bounds, intimating this opinion, and the intention of this presbytery to 58 PRESBYTERY. proceed accordingly. The sederunt was closed with prayer. These circular letters must be written to the several pres- byteries at least two calendar months before the meeting of synod : and it is provided that, within the bounds of such synods as meet only once a-year, the student is entitled to have them written six months sooner than would otherwise be competent, As'^. 1813, act viii. § 5, art. 6. These letters will run in the following: terms. 46. Form of Circular Letters. Rev. Sir, — The presbytery of having had the necessary certificates in his favour regularly laid before them, propose to take on public probationary trials A. B. student of divinity — I am, &c. C. D., Presbytery- Clerk. To the Rev. the Moderator of the Presbytery of (To be communicated.) The presbytery-clerk must transmit to the synod-clerk the certificates, or an extract of the certificates, laid before the presbytery in favour of the student, that these may be pro- duced when the proposal of the presbytery comes to be con- sidered ; and in case the presbytery-clerk neglects this, the student is entitled by himself, or by some members of court, to produce to the synod the extract of his certificates, which he has a right to obtain from the presbytery. The intention of the presbytery must be publicly intimated at some diet of meeting of synod, which must not be the last diet ; at some subsequent diet the proposal of the presbytery, and the ex- tracts of the certificates produced, must be taken into consi- deration, and leave to proceed granted or refused, Ass. 1813, act viii. § 8.* It is proper to notice here that there are cer- * In the case of synods which meet only once a-year, if the student have not yet completed his course, the synod only grants leave to take him on LICENSING PROBATIONERS. 59 tain cases in which higher authority than that of the synod is required before a person can be taken on public trials by the presbytery. In the case of dissenting ministers apply- ing for licence, (Ass. 1805, sess. 9, Eadie; and Ass. 1824, sess. ult. Muir,) and also of persons affected with blindness, leave must be obtained from the General Assembly, (Ass. 1701, act vi. 1815, sess. 5, Thomson; 1829, sess. 9, Mac- lean,) and a similar course has been pursued in the case of per- sons affected with deafness. (Ass. 1823, sess. G, Gordon.) Leave having been obtained from the superior court, the presbytery proceeds to the public trials of the student in the following order: 1. Catechetic trials in Divinity, Chronolo- gy, and Church History.* 2. A trial in the Hebrew and Greek Languages. 3. An Exegesis in Latin on some con- troverted head of Divinity. 4. A Homily in English. 5. An Exercise and addition. 6. A Lecture on some large por- tion of Scripture. 7. A popular Sermon : it being under- stood that if the presbytery see cause they may examine the student on the subject of any of these discourses, (Ass. 1813, act viii. § 10.) It is competent for the presbytery, at the re- quest of the student, to transfer the receiving of the public trials, or any part thereof, to another presbytery,t certifying to the presbytery to which the transference is made, that the various preliminary steps have been taken according to di- rections of Assembly 1813, act viii.; and that such parts of his trials as have been already gone through, have been re- ceived with approbation; (Ass. 1813, act viii. § 7.) Such a certificate or transference will run as follows. public trials after he sball Lave produced evidence of bis course baving been completed. • In those presbyteries in which the pris-ate trials by a committee are prin- cipally depended on, these public Catechetic trials are in general merely pro forma. t No such transference can be made until leave has been obtained from the synod to take the student on public trials, according to a finding of the General Assembly, 1824, sess. 5, in the case of Donald M' Donald from tlie synod of Ross, to'the etfect, " that the presbytery of Chanonry, not having received permission from the synod to take Mr M'Donald on trials, could make no transference to the presbytery of Ding«all." 60 PRESBYTERY. 47. Fonn of Minute transferring Student to another Presbytery. (Place and Date.) Which day the presbytery of considering that A. B., student of divinity, had laid before them pro- per certificates from the Professors of Divinity with whom he studied, respecting his proficiency and moral character, and that he had been privately examined by a committee of presbytery, who reported their satisfac- tion with the manner in which he had acquitted him- self; (or, and that he had been examined by the presby- tery, and had acquitted himself in a satisfactory man- ner ;) that, in consequence thereof, he had been pro- posed in due form to the synod of and its con- currence obtained to his being taken on public proba- tionary trials, in order to his being licensed to preach the gospel ; that having been afterwards publicly exa- mined, and the presbytery satisfied with the proofs which he gave of his skill in the Latin and Greek lan- guages, and of his knowledge of Church History and Theology, he had the following subjects of discourse prescribed to him ; for Exegesis , for Homily , for Exercise and addition , for Lecture , and for popular Sermon , to be delivered in presence of the presbytery, (and that of these he had delivered before them the which had been approved of, and sustained by the presbytery as part of his trials.) Considering also that the said A. B. being about to leave the bounds of this presbytery, it would be more convenient for him to have the remainder of his trials transferred to the presbytery of within the bounds of which he is going to reside ; and A. B. having requested to be duly recommended for that pur- pose, the presbytery agreed to grant him that recom- mendation, and appointed their clerk to make out an extract of their minute accordingly. LICENSING PROBATIONERS. 61 The extract is a copy of the minute, with the following words added. Extracted from the minutes of the presbytery of by C. D., Presbytery- Clerk. After the student has completed his public trials, the pres- bytery take a conjunct view of the whole, and if they are sa- tisfied therewith, and consider him duly qualified to preach the gospel, they record this opinion in their minutes ; (for the form of this minute, see the Extract of Licence, p. 63 ;) they must then proceed to propose to him, through their mode- rator, the following questions appointed by Ass- 1711, act X. to be put to all who shall pass trials. 48. Questions put to Probationers before they are licensed to preach the Gospel. 1. Do you believe the Scriptures of the Old and New Testaments to be the word of God, and the only rule of faith and manners ? 2. Do you sincerely own and believe the whole doctrine of the Confession of Faith, approven by the General Assemblies of this National Church, and ratified by law in the year 1690, and frequently confirmed by divers acts of Parliament since that time, to be the truths of God, contained in the Scriptures of the Old and New Testaments ; and do you own the whole doctrine therein contained as the confession of your fiiith ? 3. Do you sincerely own the purity of worship presently authorised and practised in this church, and asserted in the fifteenth act of the General Assembly 1707, en- titled, " Act against innovations in the worship of God ;" and also own the Presbyterian government and disci- pline, now so happily established in this church ; and are you persuaded that the said doctrine, worship, dis- G2 PRESBYTERY. cipline, and church government, are founded upon the Holy Scriptures, and agreeable thereto ? 4. Do you promise that, through the grace of God, you will firmly and constantly adhere to, and in your sta- tion to the utmost of your power assert, maintain, and defend the said doctrine, worship, and discipline, and the government of this church by Kirk- Sessions, Pres- byteries, Provincial Synods, and General Assemblies? 5. Do you promise that in your practice you will con- form yourself to the said worship, and submit yourself to the said discipline and government of this church, and shall never endeavour, directly or indirectly, the prejudice or subversion of the same ? G. Do you promise that you shall follow no divisive courses from the present Establishment in this church ? 7. Do you renounce all doctrines, tenets, or opinions whatsoever, contrary to, or inconsistent with, the said doctrine, worship, discipline, and government of this church ? 8. Do you promise that you shall subject yourself to the several judicatories of this church ? Are you willing to subscribe to those things ? If the student shall give satisfactory answers to the above questions, the presbytery must then require him to subscribe the following formula, which is prescribed by the same act of Assembly. 49. Formula to be signed by Probationers. I, , do hereby declare, that I do sincerely own and believe the whole doctrine contained in the Confession of Faith, appro ven by the General Assemblies of this National Church, and ratified by law in the year 1G90, and frequently confirmed by divers acts of Parliament since that time, to be the truths of God ; and I do own the same as the confession of my faith ; as likewise, I LICENSING PROBATIONERS. 63 do own the purity of worship presently authorised and practised in this church, and also the Presbyterian j^o- vernment and discipline, now so happily established therein, which doctrine, worship, and church govern- ment, I am persuaded, are founded on the word of God, and agreeable thereto ; and I promise that, through the grace of God, I shall firmly and constantly adhere to the same ; and to the utmost of my power shall in my station assert, maintain, and defend the said doctrine, worship, discipline, and government of this church, by Kirk- Sessions, Presbyteries, Provincial Synods, and General Assemblies ; and that I shall, in my practice, conform myself to the said worship, and submit to the said discipline and government, and never endeavour, directly nor indirectly, the prejudice or subversion of the same ; and I promise that I shall follow no divisive course from the present establishment in this church, renouncing all doctrines, tenets, and opinions whatso- ever, contrary to, or inconsistent with, the said doctrine, worship, discipline, or government of this church. Thereafter the presbytery must order the 8th act of Assem- bly 1759,* against simonaical practices, to be read to the student in their presence, and then appoint their moderator to license him to preach the gospel, and order their clerk to furnish him with an extract of his licence. (Ass. 1813, act viii. § 10.) This extract is in the following form, the latter part of which will also serve to show the proper form of the minute of presbytery at this concluding stage of the busi- ness. 50. Extract of Licence. At , the day of , one thousand eight hundred and . The which day the presbytery of having taken into consideration that A. B., * This act will be foiincl in the Appendix, No. II. 64 PRESBYTERY. Student of divinity, had passed the usual course of litera- ture and philosophy at the university of , and thereafter studied divinity for a competent time, as re- quired by the General Assembly of this church, in the case of those who are candidates for the holy ministry ; that he had produced satisfactory testimonials from the professors of divinity with whom he studied, giving an account of his proficiency, of his having delivered all the discourses prescribed according to the act of Assem- bly, and of his character and conduct during his attend- ance having been suitable to his views ; that they (or a committee of their number) had privately taken trial of his knowledge in divinity, and other necessary branches of study, and found him qualified (or reported him as qualified) to be entered upon public probation- ary trials, in order to his being licensed to preach the gospel ; that the neighbouring presbyteries, as also the synod of the bounds, having been duly acquainted with the design of admitting him to trials, their concur- rence had been obtained ; and that, in consequence of these preliminary steps, the said A. B. had accordingly been admitted by the presbytery to the several trials, appointed by acts of the General Assembly of the Church of Scotland, all the parts of which probation- ary trials he had now finished, — did, on a review of his whole appearances, declare their satisfaction with the specimens which he had given of his literature and other qualifications requisite for becoming a licentiate of this church, and agree that he should accordingly be licensed to preach the gospel. Whereupon, the ques- tions appointed, by the 10th act of Assembly 1711, to be put to such as are to be licensed, were put to him, and he gave satisfying answers to all the same ; also, the act 1759, against simonaical practices, was read to him, and he judicially subscribed the formula annexed to the fore-mentioned act 1 7 1 1 . By all which he came under LICENSING PROBATIONERS. 65 the engagements to the doctrine, worship, discipline, and presbyterian government of this church, contained in the said act, questions, and formula. Wherefore, the presbytery of did, and hereby do, license the said A. B. to preach the gospel of Christ, and exercise his gifts as a probationer for the holy ministry ; and more- over, grant him this extract of licence, and testimonials in common form. Extracted on this and the preceding pages of stamped paper, from the records of th« pres- bytery of by C. D., Presbytery-Clerk. The above is written on a L.2 stamp. By Assembly 1736, act ix. it is enacted, 1st, That every probationer residing two months within the bounds of any presbytery, shall present his licence to the same, and that the said presbytery mark in their register the proba- tioner's name, and the presbytery which licensed him. 2d, That each presbytery extract from their records annually, in March or April, a complete list of probationers then re- siding, or who have resided for the above space within their bounds, mentioning in their extracts, first, the names of their own licentiates, and then the names of the others re- siding as above, with the presbytery who licensed them. 3d, That their extracts be made out upon the schedule which bears the presbyteries' commission to their members to the General Assembly, and be signed in like manner by the moderator and clerk. In order to facilitate the observance of this act, as well as for other purposes, many presbyteries keep two sepa- rate lists or registers, 1st, Of all the probationers licensed by them, with the dates of their licence : 2d, Of all the pro- bationers residing within their bounds, during the year pre- ceding the making out of the commission to their representa- E 66 PRESBYTERY. tives in the Assembly, with the presbyteries by whom they were licensed, — from which the extract referred to in the above act is made. ADMISSION OF MINISTERS. When a cure becomes vacant by the death of the minister, the brethren who attend his funeral meet thereafter, and ap- point one of their number to preach in the parish church on the following Lord's day, to declare the charge vacant from the date of the minister's death, and to intimate the vacancy to the patron of the parish. A minute of this meeting is made and reported to the presbytery, who at their first meet- ing approve of it, and appoint it to be entered in their minutes. I. PROCEEDINGS ON OCCASION OF THE DEATH OF A MINISTER. 5 1 . Minute of Meeting of the Brethren after the Funeral. At the manse of , the day of Which day the following brethren met here after the funeral of their late 'brother, the Rev. A. B., minister of this parish, who departed this life on the instant, viz. C. D., E. F., G. H., and having chosen the said C. D. to be moderator, p. ^, the meet- ing was constituted by prayer. Mr L. M. was ap- pointed to preach in the church here on Sabbath next, and after divine service to declare this charge vacant from the instant ; and they instruct the clerk to • Some presbyteries are in the habit of here recording an expression o/ their esteem. ADMISSION OF MINISTERS. 67 enter the said Mr A. B.'s decease ia the separate re- gister. Closed with prayer. C. D., Moderator, pro tem. G. H., Presbytery-Clerk. Should there be no ordinary meeting of presbytery for some time thereafter, then the above minute may be thus continued. The meeting farther direct the said Mr L. M. to intimate the vacancy by letter to the patron of the parish ; and they appoint the following supplies for the parish, viz. Mr C. D. to preach on the day of , Mr G. H. on the day of . Closed, &c. 52. Letter of Intimation to Patron. (Place and Date.) Sir, — As directed by a meeting of ministers of the Pres- bytery of , held in the manse of on current, after the funeral of the deceased Mr A. B., late minister of that parish, I now intimate to you, as patron of the parish, that the cure thereof is vacant from the current, the day of the said A. B.'s death, in order that you may take the necessary steps for exercising your right of presentation to the said charge. — I am. Sir, &c. L. M., Minister of If the ordinary meeting of presbytery takes place soon, then the above intimation is made by the moderator or clerk. In case of a vacancy by translation, resignation, or depo- sition, intimation must likewise be made to the patron. OATHS TO BE TAKEN BY PATRON.* The patron, before presenting to the vacant cure, must • The same oaths must be taken by presentees before the presentation can be sustained, and by achoolmastiTs before their election can be con- firmed by the presbytery. 68 PRESBYTERY. qualify by taking the oaths to government, and a certificate of his having so qualified must be given in to the presbytery along with the presentation. 53. Oath of Allegiance, I , do sincerely promise and swear, that I will be faithful, and bear all true allegiance to Her Majesty Victoria, by the grace of God queen of this realm. So help me God. 54. Oath of Assurance. 1 , do, in the sincerity of my heart, assert, acknow- ledge, and declare, that Her Majesty Queen Victoria is the only lawful and undoubted sovereign of this realm, as well dejure, that is, of right queen, as defacto^ that is, in the possession and exercise of the government ; and, therefore, I do promise and swear, that I will with heart and hand, life and goods, maintain and defend her right, title, and government, against the descend- ants of the person who pretended to be Prince of Wales during the life of the late King James, and since his decease pretended to be, and took upon him- self the style and title of King of England, by the name of James the Third, or of Scotland by the name of James the Eighth, or the style and title of King of Great Britain, and their adherents, and all other ene- mies, who, either by open or secret attempts, shall dis- turb or disquiet Her Majesty in the possession and ex- ercise thereof. 55. Oath of Abjuration. I , do truly and sincerely acknowledge, profess, testify, and declare, on my conscience, before God and the world, that our sovereign Lady Queen Victoria is lawful and rightful Queen of this realm, and all other Her Majesty's dominions and countries thereunto be- longing; and I do solemnly and sincerely declare, that I ADMISSION OF MINISTERS. 69 do believe in my conscience, that not any of the descendants of the person who pretended to he Prince of Wales during the life of the late King James the Second, and since his death pretended to be, and- took upon himself the style and title of the King of Eng- land, by the name of James the Third, or of Scotland, by the name of James the Eighth, or the style and title of the King of Great Britain, hath any right or title whatsoever to the crown of this realm, or any other the dominions thereunto belonging ; and I do renounce, refuse, and abjure my allegiance or obedience to any of them, and I do swear that I will bear faith and true allegiance to Her Majesty Queen Victoria, and her will defend to the utmost of my power, against all trai- torous conspiracies and attempts whatever, which shall be made against her person, crown, or dignity ; and I will do my utmost endeavour to disclose and make known to Her Majesty, and her successors, all treasons and traitorous conspiracies which 1 shall know to be agamst her or any of them ; and I do faithfully pro- mise to the utmost of my power to support, maintain, and defend the succession of the crown against the de- scendants of the said James, and against all other per- sons whatsoever ; which such succession, by an act, en- titled " An act for the farther limitation of the Crown, and better securing the rights and liberties of the sub- ject,'' is and stands limited to the Princess Sophia, Electress and Duchess-Dowager of Hanover, and the heirs of her body, being Protestants ; and all these things I do plainly and sincerely acknowledge and swear, according to these express words by me spoken, and according to the plain and common sense and under- standing of the same words, without any equivocation, mental evasion, or secret reservation whatsoever ; and I do make this recognition, acknowledgment, abjura- tion, renunciation, and promise, heartily, willingly, and 70 PRESBYTERY. truly, upon the true faith of a Christian. So help me God. 56. Certificate produced to the Presbytery that the Patron has taken these Oaths, Mr appeared before me this day, and subscribed and took the several oaths of allegiance, assurance, and abjuration. Given under my hand, at , this day of , 18 . A., Justice of Peace for the County of II. PRESENTATION. 57. Form of Presentation by a Patron to a vacant Benefice. I, A. of B., Esq., undoubted patron of the parish church and parish of M., lying within the presbytery of K., and sheriffdom of Considering that the said church and parish is now vacant, and become at my gift and pre- sentation, by the death of Mr C, late minister of the gospel at the said church of M., and I, being suffi- ciently informed of the literature, loyalty, qualifications, good life and conversation of D., preacher of the gos- pel, do therefore, by these presents, nominate and pre- sent the said D. to be minister of the said parish and church of M. during all the days of his lifetime, giving, granting, and disponing to him the constant, localled, and modified stipend, with the manse and glebe, and other profits and emoluments belonging to the said church for the crop and year and during his life- time, and his serving the cure at the said church ; re- quiring hereby the Rev. moderator and presbytery of K. to take trial of the qualifications, literature, good life and conversation of the said D., and having found him fit and qualified for the function of the ministry at the said church of M., to admit and receive him thereto, ADMISSION OF MINISTERS. 71 and give him his act of ordination and admission, in due and competent form. Recommending hereby to the Lords of Council and Session, upon sight of this presen- tation, and the said presbytery's act of ordination and ad- mission, to grant letters of horning on a single charge of ten days only, and other executorials needful at the in- stance of the said D., against all and sundry the titulars, heritors, liferenters, feuars, farmers, tacksmen, tenants, possessors and occupiers of lands within the said parish, subject and liable in payment of the said localled and mo- dified stipend, for causing the said D., and others in his name, be readily answered and paid thereof in such due and competent form as effeirs. And I consent to the re- gistration hereof in the books of Council and Session, or others cotnpetent, therein to remain for preservation. And thereto I constitute my procurators, &c. In witness whereof, these presents, written on this and the preceding page of stamped paper by L. M., clerk to N. O., writer to the signet, are subscribed by me at the day of one thousand eight hundred and years, before these witnesses, P. and Q., both my servants. P. Witness. (Signed) A. Q. Witness. A patron may delegate the power of presentation to a commissioner, he being, however, a qualified person, of which the usual certificate must be produced to the presbytery. This delegation is effected either by the introduction of the following clause in a deed appointing a commissioner for the management of the patron's affairs generally, or by a writing in the ollowing terms. 58. Clause to he introduced in a general Commission. Giving and Granting to the said commissioner full power, warrant, and commission for me, and in my name 72 PRESBYTERY. and behalf, in case of the vacancy of any churches whereof I am patron, to name and present fit and qua- lified persons in terms of law, to serve the cure as minis- ters of the said churches. 59. Special Commission to exercise a Hight oj" Patronage. I, A., undoubted patron of the parishes of in the presbytery of K., and sheriffdom of L., Consider- ing that I am preparing to go abroad with the intention of remaining there for many years, and that, during my absence, vacancies may occur in the office of minister in one or all of the said parishes, while, from my dis- tance, it may be impossible for me personally to exer- cise my right of presentation : Therefore, I hereby NAME, CONSTITUTE, and APPOINT B., to be my commis- sioner to the effect after mentioned, giving, granting, and committing to him, in case of the vacancy of any of the said parishes whereof I am patron, by the death, deposition, translation, or resignation of the present incumbents, full power and authority to name and pre- sent fit and qualified persons in terms of law to serve the cure as ministers of the said parishes, and to declare them entitled to the accustomed stipend from the re- spective terms of their entries, and that in the same way and manner, and as fully and freely in all respects, as I might do myself if personally present, promising to hold firm and stable whatever my said commissioner shall lawfully do or cause to be done in the premises. And I consent to the registration hereof in the books of Council and Session, or others competent, therein to remain for preservation, and that letters of horning on six days' charge, and all other necessary execution, may pass on a decree to be interponed hereto in form as effeirs : And thereto constitute my procurators, kc. In witness whereof, (as on page 71.) ADMISSION OF MINISTERS. 73 A presentation to a church of which the Crown is patron is obtained by a letter passing under the Privy Seal, in conse- quence of a warrant which is superscribed by Her Majesty, and subscribed by the Secretary of State for the Home De- partment. This letter should not be presented to or re- ceived by the presbytery without being regularly passed at the Privy Seal, as directed by the Royal grant. Such ad- mission of the presentee and proceeding of the presbytery is not only irregular, but null and incomplete. It is merely a warrant for expeding the gift, and the Queen, if she finds it has not passed the Privy Seal, may issue a new presentation to another person, who, by completing it, may go to the presbytery and insist on effect being given to his preferable right ; and this they cannot legally refuse to do. By the law of Scotland, six months have been allowed to patrons to present to vacant benefices.* The time is com- puted by the earlier statutes, (1567, c. 7, and 1592, c. 117,) not from the date of the vacancy, but from the period when it came to the knowledge of the patron : but by the statute of Queen Anne (10 Anne, c. 12) it is limited to six months after the vacancy happens. The day of the vacancy is the point from which the six months run, but is not included therein. By 5 Geo. I, c. 19, § 8, ihere are three cases in which the course of the six months is not interrupted: 1st, The presentation by the patron of one who has not qualified by taking the oaths to government. 2d, Of a minister of an- other parish : and, 3d, Of one who will not accept the present- ation. If, however, the presentee be qualified in terms of the statute, the currency of the six months is suspended by the presentation, and the presentee's acceptance of it : " And although the presentee shall afterwards be rejected by the church courts, in respect of heterodoxy, immorality, or any other cause, competent to them in regard to his examination and admission, the patron will undoubtedly have as much * Vide Ersk. I. 5, 17, and Dunlop on the Law of Patronage, Chap. iv. and Connell on Parishes, Chap. iv. 74 PRESBYTERY. time left him to present after their final sentence, as remained of the six months when the presentation was lodged,"" (Dun- lop, p. 5G.) " Whether in the case of the second presentee being also rejected as unqualified, the patron would be en- titled to present a third time, even though the six months had not elapsed, seems doubtful under the act 15G7, which seems to contemplate only two presentations by the patron." " It is not enough that the patron have subscribed the presen- tation within the six months : it must within that period have been lodged with the presbytery, their clerk, or moderator: but where the patron has duly subscribed a presentation in proper time, and adopted the requisite measures for having it lodged before the expiry of the six months, and which would have been effectual but for accidental circumstances beyond his control, the court do not consider him to have refused or neglected to present within the six months, so as to give room for the exercise o? the Jus devolutum ;" Dunlop, p. 5G ; Connell on Parishes, p. 501 ; and Case of Portna- haven, Ass. 1837, sess. 3. It is also necessary that the acceptance by the presentee have been executed before the expiry of the six months. The acceptance should at all times be lodged with the presenta- tion. In one case it has been found, where the acceptance was executed within the six months, though not laid before the presbytery till after that period, the^^s devolutum had not taken place. A presentation to a minister of another parish will not interrupt the currency of the six months. If no ac- ceptance be lodged by him within that period, or if he ac- cepts, and afterwards withdraws his accej)tance, or has been rejected by the presbytery on any ground competent to them, the presbytery will be entitled to present, at the end of the six months, jure devoluto. 60 Form of Presentation by the Presbytery ]\\vq devoluto. We, the members of the presbytery of A., Considering that, by the statute law of Scotland, patrons, not pre- senting to vacant benefices within the period of six ADMISSION OF MINISTERS. /O months from and after the day on which the vacancy occurs in those churches and parishes of which they are patrons, lose and forfeit all right and title which they may have to nominate, present, and appoint to the vacant benefice, and that such right is, in that case, declared to pertain and belong to the presbytery of the bounds within which the said parish lies : and that the church and parish of B., within the bounds of the said presbytery, did become vacant by the death of C, the late minister, on the day of last, and that E., the undoubted patron of the said church and parish, has not exercised his right of nominating, presenting, and appointing a qualified person to be minister of the same within the time required by law, do hereby find that the right of presentation has fallen into our hands jure devoluto ; and considering that much hurt and in- convenience will arise to the people of the said parish, if the pastoral relation between them and a resident minister is any longer dissolved ; and being suflficiently informed of the literature, loyalty, qualifications, good life and conversation of D., preacher of the gospel, do, &c., (as in No. 57.) In witness whereof, we, the Rev. E. F., moderator, and G. H., clerk of the said presbytery of A., and as author- ised by, and acting for behoof of the said presbytery, do hereby subscribe these presents, written on stamped paper by L., clerk to M., writer to the signet, at N., the day of one thousand eight hundred and years, before these witnesses, O. and P., both clerks to the said M. O. Witness. E. F., Moderator. P. Witness. G. H., Clerk. Along with the presentation, there must be given in to the presbytery the following papers. 76 PRESBYTERY. 1. A certificate of the patron's qualification to govern- ment. 2. The jsresentee's letter of acceptance. 3. A certificate of his having taken the oaths. 4. An extract of his licence as a preacher of the gospel. 5. A presbytevial certificate. If the presentee is a licentiate of the presbytery within whose bounds the parish to which he is presented is situ- ated, then the papers 4 and 5 will not be required. 61. Form of Letter of Acceptance by Presentee. Rev. Sir, — A., Esq. of B., having been pleased to grant a presentation in my favour to the church and parish of M., I hereby beg leave to intimate to you my accept- ance of the same — I am, &c. D To the Moderator of the Presbytery of (To be communicated.) In some cases the patron grants a commission to an agent to follow out the presentation. The following may be given as the form of such a commission. 62. Commission to an Agent to follow out the Presentation. I, A. of B., undoubted patron of the parish and kirk of M., do hereby give full power and commission to F. to prosecute and follow forth the settlement of D., preacher of the gospel, to be minister at M., in the presbytery of K., upon the presentation of me the said A., patron of the said parish, and to do every thing requisite there- anent that I might have done therein myself; all which I hereby promise to ratify and approve — In witness whereof, &c. ADMISSION OF MINISTERS. 77 III. PROCEEDINGS CONSEQUENT ON THE LODGING OF A PRESENTATION. The presentation and relative papers being given in to the presbytery or moderator thereof, the presbytery are to take steps towards the settlement of the presentee in accord- ance with the act of Assembly anent calls and relative regu- lations. See Appendix, No. I. Supposing that the papers are given in to the presby- tery at an ordinary meeting, the minute may be in the follow- ing terms. 63. Minute of the Presbytery when Presentation is laid on the table and sustained. Compeared A., agent for B., Esquire, patron of the parish of C, and gave in the following papers. 1. Presentation by the said B. in favour of D., preacher of the gospel, to be minister of the church and parish of C, dated 2. Certificate by E., clerk to her Majesty's Justices of the Peace for the county of , that the said B. has duly qualified to government. 3. Letter of acceptance by the said D. 4. Certificate by E., clerk to her Majesty's Justices of the Peace for the county of , that the said D. has duly qualified to government. 5. Extract of said D.'s licence as a preacher of the gospel. 6. A presbyterial certificate in his favour. 7. Proxy by the said B. to the said A., empowering him to take the necessary steps for following out the settle- ment. Which papers being read, it was moved, second- ed, and unanimously agreed to, that the presbytery sustain the presentation with relative documents, where- 78 PRESBYTERY. upon the said A. took instruments in the clerk's hands, and craved extracts. If the presentation, &c., be given in to the moderator, and if an ordinary meeting of presbytery take place within three weeks, he must, agreeably to regulation II. 1, of act on calls, Ass. 1837, intimate to the members that the said presentation is to be laid on the table at that meeting. If the ordinary meeting does not take place within three weeks, then, accord- ing to the same regulation, the moderator must, within two days after the presentation comes to his hand, call a meeting of presbytery, to take place not less than eight, nor more than twelve, days from the date of such intimation. In this latter case, the following may be given as the form of the moderator's notice. 64. Form of Moderator's Circular Letter. (Place and Date.) Sir, — A presentation in favour of the Rev. D., to be minister of the church and parish of C, having been lodged with me this day, I hereby call a meeting of the presbytery of , to be held at , on the day of , at o'clock, when the same will be laid before them. F., Moderator. To the Rev. E. Manse of G. The presbytery having convened agreeably to such an intimation, their minute may be as follows. 65. Minute when Presentation is laid on the table at a Special Meeting of Presbytery. (Place and Date.) The presbytery met here this day, in consequence of a circular addressed by the moderator to the several mem- ADMISSION OF MINISTERS. 79 bers, intimating that he had receive^ a presentation to the church and parish of . Sederunt, &c. The meeting having been constituted by prayer, the mo- derator laid on the table the following papers, viz. Then the minute may proceed as in Style No. 63. If the presbytery has ascertained that the roll of male heads of families, who are communicants, has been made up in terms of the Assembly's regulations, it is quite competent for them to proceed, at the same meeting, to take steps for moderating in the call. If they do so, then the minute may be farther as follows. 66. Minute of the Presbytery, when the day is fixed for the Call being moderated in. It being consistent with the knowledge of the presbytery,* that a roll of the male heads of families, being com- municants, in the said parish of , has been made up in terms of the Assembly's regulations, and being therefore prepared to take steps to moderate in a call, they appoint the said D. to preach in the church of C. on Sabbath the , and on Sabbath the ,t and they agree to meet within the said church of C, on the X next after the last mentioned Sab- bath, being the day of , for the pur- pose of moderating in a call in favour of the said D., Mr G. to preach and preside on that occasion ; and they further appoint Mr H. to preach in the said church on Sabbath next, and to make due and lawful intima- tion of these resolutions to all concerned. • If it is found that no roll has been made up, the presbytery must appoint one of their number to act as moderator of the kirk-session in making up a roll, and in no rase must the day for moderating in the call be appointed until the roll shall have been completed and purged. t Regulation II. 2, must be here attended to. X The day must not be later in that week than Friday. 80 PRESBYTERY. The following is the form of edict or intimation to be made by the minister appointed to preach on the following Sabbath. 67. Form of the Edict previous to Call being moderated in. The presbytery of ' , having received a p^sentation from B., patron of this parish of C, in favour of D., preacher of the gospel, to be minister of this church and parish, and having found it orderly proceeded in, did, on the day of , Sustain the same, and resolve to proceed with the settlement of the said D., according to the rules of the church. I, therefore, hereby give notice to all persons, especially the male heads of families, members of this congregation and communicants, that the said presbytery have appointed D. to preach here on the Sabbaths and , and have resolved to meet here on for the purpose of moderating in a call in favour of D., and that if any object or dissent to his settlement, they may repair here before the presbytery on that day, with cer- tification. This I do at church of C, the day of , before witnesses, L. and M. L. Witness. G. Minister. M. Witness. When the day for moderating in a call has come, the presbytery meet at the vacant church, and being constituted, they will proceed to inquire (regulation I. 7.) the names of any persons who may have died, left the parish, or become otherwise disqualified, that they may be struck oflf the roll. The minute may be as follows. 68. Minute of tlie Presbytery where Call is Moderated in. The presbytery having ordered the session-clerk of to produce the roll of male heads of families, being com- ADMISSION OF MINISTERS. 81 municants in the parish of C, proceeded to inquire whether any have died, removed from the parish, or become otherwise disqualified, with the view of striking the names of such from the roll; and it being ascertained, &c. (The minute must then proceed according to the circurilstances of the case.) The minister who is appointed to preach on that occa- sion will then go to the pulpit, and after divine service inti- mate to the people that the presbytery will now proceed to moderate in a call in favour of D., to be the minister of that parish. Thereafter the clerk will read the following form of a call, to which the moderator will invite the heritors, elders, and male heads of families, being communicants, to adhibit their names. 69. Form of a Call to a Minister. We, the heritors, elders, and male heads of families, being members of the congregation and communicants in the parish church of C, desirous of promoting the glory of God and the good of the church, being destitute of a fixed pastor, and being most assured, by good infor- mation and our own experience, of the ministerial abili- ties, piety, literature, and prudence, as also of the suit- ableness to our capacities of the gifts of you D., preacher of the gospel, have agreed to invite, call, and entreat, likeas we, by these presents, do heartily invite, call, and entreat you to undertake the office of pastor among us and the charge of our souls ; and farther, upon your accepting this our call, promise you all dutiful respect, encouragement, and obedience in the Lord. In witness whereof, &c. The call being signed, the moderator will then attest the signatures in some such form as the following. 82 PRESBYTERY. 70. Attestation of Call hy Moderator of Presbytery. I, moderator appointed by the presbytery of G. to preach at the moderation of a call in favour of D., in the parish of C, do hereby attest the subscriptions to the within call to be the genuine subscriptions of those whose names they purport to be. The moderator will then intimate to the people, that if any of the male heads of families are desirous of availing themselves of the privilege conferred on them by the act of Assembly anent calls, the presbytery are now ready to re- ceive their dissents. If no dissents are tendered, the presbytery will then pro- ceed to sustain the call, and to appoint the presentee to undergo the usual trials in the following form. 71. Minute of the Presbytery sustaining the Call, and ap- pointing Presentee to undergo Trials. The presbytery having duly considered the call now given to Mr D. to be minister of the parish of C, unani- mously agree to sustain the same. Whereupon* took instruments in the clerk's hands. The presbytery appoint the said D. to appear before them on , at , in order to undergo his questionary trials on theology, church history, &c. &c. If dissents be offered, the moderator or clerk will take down the names of those dissenting, and the minute (Style No. 70) will then proceed as follows. 72. Minute when Dissents offered. The following male heads of families, being communicants in the parish of C, then gave in their dissents from the call to the said Mr D., viz. N. O. P. Q. * Instruments are generally taken by the session on this orcaMon. ADMISSION OF MINISTERS. 83 If the dissents given in amount to a majority of the persons standing on the amended roll, the minute will then further proceed. 73. Minute adjoarning the Proceedings on account 0/ Dissents. The presbytery finding that there is an apparent majority of the persons standing on the roll dissenting from the call, do adjourn further proceedings in this case to another meeting, which they agree to hold within the parish church of (or somewhere within the vacant parish,) on the day of It was then required, on the part of the patron, f that all persons dissenting be summoned to appear before the presbytery on that day to give their solemn declaration, that, in their dissenting against Mr D., they are ac- tuated by no factious or malicious motives, but solely by a conscientious regard to the spiritual interest of themselves or the congregation. To this meeting the dissentients are hereby summoned apud acta.% 74. Form of Minute of Meeting for taking the Declara- tion. At C. church, the day of which day the presbytery met here, according to adjournment of the , and being constituted, &c. 1 he presbytery proceeded to take the solemn declaration in the terms required by the act of Assembly. (Then follows the names of the dissentients in the order • This adjourned meeting must take place not less than ten free days, nor more than fourteen, after that at which it is appointed. t This request may also be made by the presentee or any member of court. I That this notice may be effectual, it is necessary that the presbytery must, at the commencement of the proceedings, give intimation that all persons who may intend to dissent must remain till the termination of the proceedings of the day. 84 PRESBYTERY. they are called ; and it must be stated whether they ap- peared, and whether they took the declaration or with- drew their dissent.) After the presbytery have finished taking the declaration, they will then consider whether there is still a major part of the persons on the roll dissenting, and if so, they w^U then reject the person presented. The minute may therefore proceed as follows. 75. Minute finding that a Majority dissent. The presbytery, finding that there is still a major part of the persons on the roll dissenting, reject Mr D., pre- sentee to this parish, so far as regards this particular presentation, and the occasion of the present vacancy in this parish, and instruct their clerk to intimate (within two days) this their sentence to the patron, presentee, and elders of the parish. 76. Form of Intimation to Patron. Sir, — I am instructed to intimate to you, that a majority of the male heads of families, being communicants, in the parish of C. having dissented against Mr D., lately presented by you to said parish, the presbytery of G. have rejected the said Mr D. If it be found that, in consequence of dissentients fail- ing to appear, or refusing to take the declaration, there is not at last a major part dissenting, then the minute may be as follows.* 77. Minute of Preshytenj agreeing to proceed with the Settlement. The presbytery, finding that there is not a major part of • Sboukl there not be a majority of dissentients on the (lay of the moder- ation of the call, a similar minute may then be made out. ADMISSION OF MINISTERS. 85 persons on the roll dissenting, and no special objections being made * to Mr D., the presbytery agree to proceed to the settlement of the said Mr D. ; and, with this view, they appoint him to appear before them on the to undergo his questioiiary trials in theology,t &c. If these trials are sustained, the presbytery then appoint discourses, &c., in the following terms. 78. Minute appointitig Trial Discourses. The presbytery appoint Mr D. the following subjects: for homily, for exegesis, for exercise and ad- dition, for lecture, for popular sermon, They also appoint him to read and translate the in Hebrew, and the Greek Testament ad aperturain libri. If the above discourses are delivered with approbation, the presbytery then appoint a day for ordination, and take steps connected therewith as follows. 79. Minute appointing Day of Ordination. The presbytery, having taken a conjunct view of the trials of Mr D., and being satisfied therewith, they ap- point his ordination to take place in the church of C. on the day of , Mr N. to preach and preside. They also appoint Mr C. to preach in the said church on , and to serve an edict to the above effect.| The following is the form of an edict. * A minority of dissentients may at this stage bring forward special ob- jections if tliey have any. t It is quite competent to appoint the whole trials at this meeting. I Ten free days must elapse between the serving of the edict and the or- dination. 86 PRESBYTERY. 80. Form of the Edict prior to Ordination. The presbytery of G., having taken a conjunct view of the trials of Mr D., presentee to the parish of C, and having been satisfied therewith, did, upon the day of , sustain the same, and resolve to pro- ceed with the ordination of the said D. to the pastoral charge of the said parish according to the rules of the church, of which resolution I am instructed to make intimation ; and farther to give notice, which accord- ingly is hereby given, to all concerned, especially the members of the congregation, that if any of them have any thing to object to the life and doctrine of the said D., they n^ay repair to the presbytery, which is to meet in this place on the day of at o'clock : With certification, that if no person offer any relevant objection, the presbytery shall then forthwith proceed to the ordination of the said Mr D. to the office of the holy ministry, and admit him to the pastoral charge of this parish. This I do at the church of C. the day of before these wit- nesses, L. and M. L., Witness. C, Minister. M., Witness. The edict is returned with a certificate. 81. Certijicate of' Edict being served. Church of C, the day of 18 . The above edict was this day duly served by C, Minister of The following may be given as the form of the minute relative to the ordination. ADMISSION OF MINISTERS. 87 82. Minute relating to the Ordination. (Place and Date.) Which clay the presbytery being met and constituted. Sederunt, Mr moderator, Messrs The edict of Mr D.'s ordination having been returned duly served, the officer was ordered to go to the most patent door of the church, to give due notice to the people that the presbytery were now met, and were ready to hear any objections* which might be made to the life or doctrine of Mr D. ; but none having appeared, the presbytery resolved to proceed to the ordination, whereupon the moderator proceeded to the pulpit, and having preached from , he put to Mr D. the questions appointed to be put to all ministers previous to ordination ; and Mr D. having returned satisfactory answers, he was then, by solemn prayer and imposition of the hands of the presbytery, set apart to the office of the holy ministry. He then received the right hand of fellowship from the brethren present, and was admitted to the pastoral charge of the parish of C, and to all the rights and privileges belonging thereto. The mo- derator afterwards delivered suitable addresses to the minister and people on their respective duties. Divine service being concluded, Mr D. subscribed the Formula, and his name was added to the roll. The following may be given as a form of the words with which the ordination service is commenced. i\.fter sermon, the minister who presides says — 83. Form in tvhich the Ordination Service is commenced. A. of B., Esq., the undoubted patron of this parish, having been pleased to present Mr D., preacher of the gospel, * Should any charges be made against the presentee, they must be proved on the spot. 88 PRESBYTERY. to be minister of this parish and congregation, vacant by the death of , the said presentation, with Mr D.'s letter of acceptance and other relative papers, were laid on the table of the presbytery of C, and sustain- ed; whereupon the presbytery appointed the day of last for moderating in a call to the said presentee, and the call having been sustained, and Mr D. having gone through, with the approbation of the presbytery, the various trials prescribed by the church, the presbytery further appointed this day for his ordi- nation, whereof intimation was duly given. And no one having appeared to state objections to the life or doctrine of Mr D., the presbytery will now proceed to ordain him to the holy ministry, and admit him to be minister of this parish. Previous to this, however, I shall put to Mr D. the questions appointed by act x. Ass. 1711. The person to be ordained is then called upon, and the following questions put. 84. Questions put to Presentee before his Ordination. 1. Do you believe the Scriptures of the Old and New Testaments to be the word of God, and the only rule of faith and manners ? 2. Do you sincerely own and believe the whole doctrines contained in the Confession of Faith, approven by the General Assemblies of this church, and ratified by law in the year 1690, to be founded upon the word of God; and do you acknowledge the same as the confession of your faith ; and will you firmly and constantly adhere thereto, and to the utmost of your power assert, main- tain, and defend the same, and the purity of worship as presently practised in this national church, and asserted in act XV., Assembly 1707, entitled. Act against inno- vations in the worship of God ? ADMISSION OF MINISTERS. 89 3. Do you disown all Popish, Arian, Socinian, Arminian, Bourignian, and other doctrines, tenets, and opinions whatsoever, contrary to and inconsistent with the fore- said Confession of Faith ? 4. Are you persuaded that the Presbyterian government and discipline of this church are founded upon the word of God, and agreeable thereto ; and do you promise to submit to the said government and discipline, and to con- cur with the same, and never to endeavour, directly or indirectly, the prejudice or subversion thereof, but to the utmost of your power, in your station, to maintain, support, and defend the said discipline and Presbyterian government by Kirk-sessions, Presbyteries, Provincial Synods, and General Assemblies, during all the days of your life ? 5. Do you promise to submit yourself willingly and hum- bly, in the spirit of meekness, unto the admonitions of the brethren of this presbytery, and to be subject to them, and all other presbyteries, and superior judicato- ries of this church, where God in his providence shall cast your lot ; and that, according to your power, you shall maintain the unity and peace of this church against error and schism, notwithstanding of whatsoever trouble or persecution may arise, and that you shall follow no divisive courses from the present established doctrine, worship, discipline, and government of this church ? 6. Are not zeal for the honour of God, love to Jesus Christ, and desire of saving souls, your great motives and chief inducements to enter into the function of the holy ministry, and not worldly designs and interest ? 7. Have y9ji used any undue methods, either by your- self or others, in procuring this call ? 8. Do you engage, in the strength and grace of Jesus Christ, our Lord and Master, to rule well your own family, to live a holy and circumspect life, and faithful- ly, diligently, and cheerfully to discharge all the parts 90 PRESBYTERY. of the ministerial work, to the edification of the body of Christ? 9. Do you accept of and close with the call to be pastor of this parish, and promise, through grace, to perform all the duties of a faithful minister of the gospel among this people ? 85. Formula to be subscribed by the Person ordained* I, , do hereby declare, that I do sincerely own and believe the whole doctrine contained in the Confession of Faith, approven by the General Assemblies of this National Church, and ratified by law in the year 1690, and frequently confirmed by divers acts of Parliament since that time, to be the truths of God ; and I do own the same as the confession of my faith : As likewise, I do own the purity of worship presently authorised and practised in this church, and also the Presbyterian go- vernment and discipline, now so happily established therein ; which doctrine, worship, and church govern- ment, I am persuaded, are founded upon the word of God, and agreeable thereto : And I promise that, through the grace of God, I shall firmly and constantly adhere to the same ; and, to the utmost of my power, shall, in my station, assert, maintain, and defend the said doctrine, worship, discipline, and government of this church by Kirk-sessions, Presbyteries, Provincial Synods, and General Assemblies; and that I shall, in my practice, conform myself to the said worship, and to submit to the said disci|)line and government, and never endeavour, directly or indirectly, the prejudice or sub- version of the same : And I promise that I shall follow no divisive course from the present establishment in this church: Renouncing all doctrines, tenets, and opin- ions whatsoever, contrary to or inconsistent with the • In some presb} teries the Formula is subscribed before ordination. ADMISSION OF MINISTERS. 91 1 said doctrine, worship, discipline, or government of this / J church. ...^ When the person presented to a vacant charge is minister OF ANOTHER PARISH, the Same procedure takes place up to the sustaining of the call, admission or induction being sub- stituted for ordination. The presbytery, within whose bounds the vacant parish lies, then appoints commissioners to prosecute the transla- tion of the minister. After the minute states that the call has been sustained, it bears — 86. Fonn of Minute after Call has been sustained. The following members were appointed to prosecute the translation of Mr D. before the presbytery of F., or any other competent judicatories of this church, viz., Mr A., Mr B., and Mr C, ministers ; with Mr D. and Mr E., ruling elders. After which the sederunt was closed with prayer.* No further procedure takes place until the commissioners give in their report. 87. Minute ivheii Presbytery receive Report of the Com- missioners^ and their resolution to admit Presentee. (Place and Date.) Sederunt, &c. The presbytery of G. having met, and been duly constituted, Mr A., one of the commission- ers appointed to prosecute the translation of Mr D., laid on the table an extract minute of the presbytery of F. ; which was read, and from which it appears that all the steps requisite to the translation of Mr D. to the church and parish of C. have been taken by that presbytery, and that, on the day of the said presby- * The number of members appointed is at the option of the presbytery. 92 PRESBYTERY. tery resolved unanimously to translate Mr D. from the parish of M. to the parish of C, declared the parish of M. vacant from the day on which Mr D. shall be admitted to the parish of C, and appointed Mr D. to wait for and obey the orders of the presbytery of G. as to the time of his admission. The presbytery agreed to meet for the admission of Mr D. in the parish church of C, on the day of at o'clock, Mr B. to preach and preside ; and Mr C. was appointed to serve his edict there after divine service, on Sabbath the day of It is to be remembered, that ten free days must elapse be- tween the day on which the edict is served and the day of admission. 88. Minute when Presentee is Admitted. Parish church of C, the day of , 18 , o'clock, noon. The presbytery of G. having met here, agreeably to their resolution of the day of last, and having been duly constituted sederunt, Mr A., &c. The minute of presbytery appointing this meeting having been read, Mr D.'s edict was returned duly served, and those concerned were three times called, but no objec- tions to his life and doctrine were offered. There- after, the congregation having convened, Mr B. went to the pulpit and preached from , and, after divine service, represented that the parish of C, having become vacant by the death of the late Rev. N. O., A. B., Esq., as patron, had been pleased to grant a presentation in favour of the Rev. C. D., minister of M., presbytery of F., to supply the said vacancy, which presentation, and Mr D.'s letter of acceptance, had been laid before the presbytery of G. in due time, and had ADMISSION OF MINISTERS. 93 been sustained; that, in consequence thereof, a call to the said Mr D. had, by appointment of the presbytery, been moderated in at the church of C, which was sub- scribed by persons having right to vote, and sustained by the presbytery ; that thereafter, by appointment of presbytery, a process for his translation had been orderly carried on and finished before the proper judi- catories, and the report thereof duly made ; that this day had been fixed by the presbytery for his admission, and that his edict also having been duly served and re- turned without objections, the presbytery were now to proceed to his admission as minister of the church and parish of C. Mr B. then called Mr D., and read to him the questions appointed by act of Assembly to be put to such as are to be admitted to new charges, to which Mr D. gave satisfying answers. And Mr B. did then, in name and by authority of the presbytery of G., admit Mr D. to be minister of the church and parish of C, and the brethren present gave him the right hand of fellow- ship, and he and the congregation received suitable ex- hortations from Mr B., wdio presided ; and afterwards, when the congregation was dismissed, Mr D. subscrib- ed the Formula, and his name was added to the roll. The sederunt was closed with prayer. The procedure adopted by the presbytery, from which the presentee is to be translated, will be seen from the following forms. 89. Form of Minute when Commissioners appear to pro- secute Translation. (Place and Date.) Which day the presbytery of F., having met and been duly constituted, &c., Compeaied as commissioner of 94 PRESBYTERY. the presbytery of G., the Rev. Mr C, of the church and parish of D., and Mr E., of the church and parish of F. in that presbytery, and gave in the following papers, viz. 1. Presentation by A. B., Esq., undoubted patron of the parish of G., in favour of the Rev. G. D., of the church and parish of M., to the church and parish of C. 2. Mr D.'s letter of acceptance. 3. Certificate of his having qualified to Government. 4. Reasons of translation. 5. Extract minutes* of the presbytery of G. The presbytery agreed to take the usual steps towards Mr D.'s translation with all convenient speed. Where- upon Mr C. acquiesced therein, took instruments in the clerk's hands, and craved extracts, which were grant- ed. Mr L. was appointed to preach (two diets) in the church of M. on Sabbath the day of next, and there, after divine service, to summon f Mr D., — the other members of the kirk-session of M., — the male heads of families in communion with the church, — and all others interested, to appear at the next ordi- nary meeting of presbytery, to be held here on the day of next,t that they may state their reasons, if they have any, why Mr D.'s transla- tion should not proceed; with certification, that if none compear, the parties concerned will be held as consent- ing to said translation. Closed, &c. In general, the parties do not appear at the meeting of presbytery, and they are therefore held as consenting to the * This extract contains the whole procedure adopted prior to the sustairj^ ing of the rail. ''^^ t The edict, in this case, is not only served by intimation from the pulpit,' but it is also {;eiiernlly put upon the church doors. t Ten free days must intervene from the day of intimation to the day of meeting of presbytery. ADMISSION OF MINISTERS. 95 translation. It is then reported to the presbytery by the brother who preached and gave intimation, that the par- ties had been duly summoned, and the presbytery, on the day fixed for their meeting, agree to translate. The min- ute may be as follows. 90. Form of Minute of Presbytery agreeing to translate. (Place and Date.) It was reported that the summons to Mr D. and the other members of the kirk-session of the church and parish of M., to compear at this meeting of this presbytery, and give reasons, if they have any, why Mr D.'s trans- lation to the church and parish of C, presbytery of G., should not proceed, had been duly served in the church of M. on the day of . Parties were called, and no compearance being made, they were held as consenting to Mr D.'s translation. The question was then put, TRANSLATE Mr D. to the church and parish of C, or NOT, and it carried unanimously, translate. Wherefore the presbytery did, and now hereby do, trans- late the Rev. C. D., of the church and parish of M., to the church and parish of C, presbytery of G., de- claring at the same time that his pastoral relation to M. shall subsist until he be actually admitted to the charge aforesaid; and they enjoin him, the said C. D., to wait for and obey the orders of the presbytery of G. as to the time of his admission to C; and they also hereby request the Rev. the presbytery of G. to give them intimation of Mr D.'s admission so soon as it takes place. Closed, &c. The intimation of the settlement is made by the presby- tery-clerk. 96 PRESBYTERY. 91. Form of Letter intimating Settlement. (Place and Date.) Rev. Sir, — By desire of the presbytery of G., I have to intimate to you that the Rev. C. D., late of M., has been this day admitted to the church and parish of C. I am, &c. M. N., Presbytery-Clerk. To the Rev. the Moderator of the Presbytery of F. (To be communicated.) Intimation being received of the settlement having taken place, the presbytery at their next meeting record this fact, and appoint one of their number to preach and declare the church vacant. 92. Form of Minute declaring the Vacancy. (Place and Date.) Intimation was received from the presbytery of G. that Mr C. D. was admitted minister of C. on the day of Mr P. was appointed to preach (two diets) next Sabbath in the church of INI., and to intimate the vacancy oc- casioned by Mr D.'s translation to C. Closed, &c. The reasons for translation depend so much upon par- ticular cases, that forms cannot be given to meet every emergency ; but the following may be given as always appli- cable. 93. Reasons for Traiislating a Minister. Reasons for translating the Rev. C. D., minister of the church and parish of M., presbytery of F., to the church and parish of C, presbytery of G. 1. It has always been the practice of the judicatories of this church to translate ministers, when a call has been JUDICIAL PROCEDURE. 97 given to those parishes where an extensive field of use- fuhiess is opened for the employment of their talents. 2. Because the%ihabitants of C. have given an harmoni- ous call to the Rev. C. O., to supply the vacancy in that parish, to come and labour among them in the work of the ministry, and that he has accepted of this call. For which, and other reasons to be mentioned viva voce, (if needful,) it is humbly hoped that the Reverend the presbytery of F. will find no difficulty in taking the steps necessary for translating Mr D. from M. to C. with all convenient speed, according to the rules of the church. The reasons are signed by the commissioners. JUDICIAL PROCEDURE. [In this department, accuracy is so essentially necessary, and so difficult of attainment by those not familiar with the minutiss of law, that it has been thought advisable to depart a little from what has been the general plan of the work, by admitting matter which does not fall under the denomi- nation of " Forms" or " Styles." The observations made under the head " Libel" are necessary to make the forms of libel which follow of any practical use, and those on the law of evidence will be found to embrace, within a short space, almost all the points which can occur in practice, and cannot fail, therefore, to be of service as a guide to presby- teries in their judicial procedure.] I. LIBEL. A libel may proceed at the instance either of the pres- bytery within whose bounds the parish is situated, or of o 9y PRESBYTERY. individual purisliioneis. A presbytery ought not to libel without sufficient grounds. They ought to proceed either on application or petition from persons in the parish, or on a genera] Jama or rumour in the neighbourhood.* A libel at the instance of individuals ought regularly to be signed only by males, being of age, heritors, or inhabit- ants of the parish, and in communion with the church. The body of the libel consists of three parts, which, together, should form a regular syllogism. The first, or major proposition, sets forth the criminality of the species facti charged, and alleges the guilt of the accused ; the second, or minor, narrates the facts of the particular offence; and the third, or conclusion, deduces the justice of punishing the individual offender. The major proposition should be made as brief and com- prehensive as possible. By overloading it, the logical structure of the libel is impaired, and unnecessary discus- sions on relevancy may be raised. It may be difficult to bring ecclesiastical offences under specific and generic names to the degree in which crimes are classified in the civil law. But it is desirable that this should be done as far as pos- sible, in order to facilitate certainty and simplicity in the criminal proceedings of church courts. Where it is neces- sary to use circumlocution in expressing the general nature of the offence, nothing should be introduced which is not essential to the criminal charge. Where it is impossible, from the nature of the offence, to bring it under any gene- ral denomination, particular acts charged should be narrated in the major proposition, and repeated in the minor. If more than one offence is included in the same libel, the different charges should be set forth separately in the major proposition, connected by the words ^^ as also." Such a libel runs thus — " That albeit drunkenness, as also pro- fane swearing, are crimes," &c. * The forms of tlie -.uiriutes of prcshjtciy will be found Ht p. 1 12, et seq. JUDICIAL PROCEDURE. 99 If a slatute or act of Assembly is to be founded on, the passage of the statute or act shouUl be quoted at length iu the major proposition. If there is a common law, as well as a statutory charge, the statute should be libelled after the other, connected by the words, " and albeit it is pro- vided and declared by" the statute or act of Assembly in question. When atjffravations of the (M-iine charged are introduced into the libel, they should follow the enunciation of the ge- neral offence to which they apply, preceded by the word " especially." Thus, " drunkenness, especially when com- mitted on the Lord's day." In libelling aggravations, care should be taken that they are strictly analogous to the principal crime. For instance, it would be incompetent to libel a former censure for heresy in aggravation of a charge of immoral conduct. But as the moral character of a minister is of paramount importance, it would seem that a conviction, censure, &c. for one act of immorality will form a relevant aggravation of another. Separate crimes should not be libelled as aggravations of others. The minor proposition commences with the words, " Yet TRUE IT IS AND OF VERITY, that you," &c. Where there are alternative charges in the major, the minor should be ex- pressed alternatively. " Yet true it is and of verity, that you, the said A. B., are guilty oione or other of the crimes above libelled." The minor proposition ought to be the counterpart of the major, and should contain a detail of circumstances which amount to the general offence. The narrative is in- troduced by the words, " In so far as." Where there are cumulative or alternative charges in the major proposition, the narrative in the minor should correspond. In the first instance, the separate narrative should be connected by the words "and farther," and in the second, by " or other- wise.' 100 PRESBYTERY. The minor must set clearly forth the time, place, and circumstances of the alleged offence. Accuracy and preci- sion in these points are essential. Great latitude has frequently been allowed as to time. Libels have been sustained which have set forth a tract of three years as the time within which the offence was com- mitted. It is not easy to lay down a general rule on this subject, as too strict a limit in respect of time would be in- jurious. But, in general, a term of six or even three months is reasonable. The term is left blank in the Styles below. The party accused should not be obliged to extend the proof of his innocence of a special act over an extensive period of time; and most charges, if capable of proof at all, can be brought within a reasonable limit. Great latitude holds out encouragement to false and malicious accusations, and leads to a want of precision in practice, which results in the escape of the guilty. Some crimes do not admit of an exact specification of the time of their commission. Thus, in cases of forgery or em- bezzlement, the prosecutor is obliged to libel a considerable period. In the same way, if a course or habit of conduct is the thing charged, it is competent to libel the whole time during which the habit was indulged. The ^^/cce at which the crime was committed ought to be specified with clearness. It is just that the party accused should have distinct information on this head, that he may know to what point to direct his exculpatory evidence. The defence oi alibi, for instance, which is frequently most import- ant, is altogether excluded by a careless or slovenly specifi- cation of the locus delicti. The degree of precision should be such, that the accused should be under no reasonable doubt regarding the place where he is charged with having com- mitted the offence. It is not necessary that the locus should be specified as minutelyas in the Styles given. However, the degree of latitude to be given to the prosecutor in this re- spect must be greatly regulated by the nature of the crime JUDICIAL PROCEDURE. 101 charged; some oiFences being of a nature so concealed, that it is impossible to say where they were committed. In such cases, it is enough that the prosecutor shall have libelled the locus delicti as accurately as his knowledge allowed. In the detail of the circumstances, regard should always be had to the crime which is the object of the indictment, and nothing should be introduced which does not directly bear upon it. Where the prosecutor intends to produce documents or other real evidence, the articles produced should be libelled on in the close of the minor proposition, " in proof of which, there will be produced at your trial," &c. The CONCLUSION should follow logically from the major and minor propositions. It commences with the words, ** All wpiiCH, or part thereof^ being proven,'^ &c. It has sometimes been the practice in ecclesiastical libels to con- clude for a specific punishment. But it is more according to principle to leave that to the court before which the libel is brought. The duty of the prosecutor is only to establish criminality. The punishment rests with the judge. In general, libels will be most accurately drawn in which regard is paid to the strict logical form, and in which no details are introduced which are not absolutely necessary. It is useful to distinguish between the statement of the thing to be proved, and the statement of the proof itself. The introduction of the latter into the libel is always clumsy, and gives opportunity for objection and cavil. An inaccu- rate libel is not only unfair to the party accused, if he is innocent, but is frequently his best protection if he is guilty. 94. Form of Libel — No. I. Mr A. B., minister of (or presentee to) the church and parish of C, in the presbytery of D., You are inoicted and ac- cused at the instance of A., moderator, ar.d A. 13. C. D. and E., members of the said reverend presbyttiy of D., 102 PRESBYTERY. (or if the libel is raised at the instance of the parishioners, of A. B. C. D., &c., being heritors or inhabitants of the foresaid parish, and in communion with the church,) THAT ALBEIT, by the word of God, and the laws and discipline of the Church of Scotland, (here state the denomination of offence,) is an offence of an hein- ous nature, unbecoming the character and the sacred profession of a minister of the gospel, and severely punishable by the laws and rules of the church : Yet TRUE IT IS AND Or VERITY, that you, the said A. B., are guilty of the said offence, actor, or art and part : In so FAR AS, on the Twenty-first day of April, eighteen hundred and thirty ,* or on one or other of the days of that month, or of March immediately preceding, or of May immedi- ately following, you, the said A. B., did, within the house in the village of , then and now or lately occupied by (here describe the circum- stances of the offence,) all which, or part thereof, being found proven against you, the said A. B., by the said reverend presbytery of D., before which you are to be tried, in terms of your own public confession, or after habile and competent proof, you, the said A. B., ought to be punished according to the rules and disciplhie of the church, and the usage observed in such cases, for the glory of God, the edification of the church, and to the terror of others holding the same sacred office, not to commit the like offences in all time coming. Signed at in name, presence, and by appoint- ment of the presbytery of D., this day of 18 years, by L. M., Mod. N. O., Clerk. * It is coiivciiic'iit to print the date thus. JUDICIAL PROCEDURE. 103 95. Form of Libel No. II. Alternative Charge. Mr A. B., minister of the church and parish of C, in the presbytery of D., You are indicted and accused at the instance of A., moderator, and E. F. and G., members of the said presbytery, that albeit, by the word ot God, and the laws and discipline of the Church of Scot- land, drunkenness, as also disorderly and riotous con- duct, are offences of a heinous nature, unbecoming the character and the sacred profession of a minister of the gospel, and severely punishable by the laws and rules ot the church : Yet true it is and of verity, that you, the said A. B., are guilty of one or other of the said crimes, actor, or art and part: In so far as, on the 1st day of May 1836, or on one or other of the days of that month, or on one or other of the days of the three months immediately pre- ceding, or of the three months immediately following, you, the said A. B., did, within the house of N., in M. Street of G. (here describe the circumstances ap- plicable to the charge of drunkenness.) Or other- wise, time and place foresaid, you, the said A. B., did behave in a riotous and disorderly manner, to the great scandal of religion, and disgrace of your sacred profession, (here narrate circumstances applicable to the second charge.) All which, or part thereof, &c. 96. Form of Libel— ^o. III. Cumulative Charge — Act of Assembly. Mr A. B., &c. That albeit, by the word of Gorl, and the 104 PRESBYTERY. laws and discipline of the Church of Scotland, Simony, as also bribery and corruption, are crimes of a heinous nature, unbecoming the character and the sacred pro- fession of a minister of the gospel, and severely punish- able by the laws and rules of the church- And albeit, it is provided and declared by the act of Assembly 1753, (here narrate terms of act,) and it is farther provided and declared by the act of Assembly 1759, (narrate terms of act,) yet true it is and of verity, that you, the said A. B., are guilty o( both, or one or other of the said crimes, actor, or art and part : In so far as, on the 1st day of May 1837, or of one or other, &c., you, the said A. B., did, within the manse of C, or elsewhere, to the prosecutor un- known, (narrate circumstances of Simony.) Likeas, it having been enacted and declared by the General Assembly in 1834, that (here narrate terms of act of As- sembly anent calls) you, the said A. B., did, on the 5th day of June 1837, or one or other, &e., make offer to M. H., weaver, residing in F., of the sum often pounds, to induce him, the said M. H., not to appear as a dis- sentient against you, the said A. B., at the moderating in of your call; which sum he, the saidM. H., accepted, and engaged accordingly to abstain from entering his dissent against you, the said A. B., and was thus bribed and corrupted by you, the said A. B. All which, or part thereof, &c. 97. Fonn of Libel No. IV. Charge of a Course or Hubit of Conduct. — Aggravatio7i. Mr A. B., &c. you are indicted and accused, &c. That albeit, by the word of God, and the laws and discipline of the Church of Scotland, drunkenness, especially when JUDICIAL PROCEDURE. 105 committed habitually, is a crime of a heinous nature, unbecoming the sacred profession of a minister of the gospel, and severely punishable by the laws and rules of the church : yet true it is and of verity, that you, the said A. B., are guilty of the said offence, aggra- vated as aforesaid : In so far as, on the 1st day of May 1836, or on one or other, &c., you, the said A. B., within the manse of C, or elsewhere, to the prosecu- tor unknown, did drink to excess and were intoxi- cated, to the great scandal of religion, and disgrace of your profession. And farther, you, the said A. B., are an habitual drunkard, and during the period between the 1st day of January 1835, and the 1st day of Feb- ruary 1837, you, the said A. B., indulged in the habit of intoxication, and were guilty, on various oc- casions within that period, of the offence of drunken- ness. In particular, (here detail special instances.) All which, or part thereof, &c. If the libel is raised at the instance of individual parish- ioners, their signatures and designations should be here given. Then follows a list of witnesses, (which is to be regularly served on the accused, with a full copy of the libel,) in the manner stated below, viz. 98. List qf^Vilnesses, and Documents produced. List of witnesses to be adduced against you, the said A. B., for proving the foregoing libel. 1. E. F., presently gardener to C. D., Esq., now or lately residing at D. 2. G. H., now or lately residing at F. If there are articles to be produced in evidence, tliey should be thus expressed after the list of witnesses. 106 PRESBYTERY. There will also be produced a farther proof of the fore- going libel. {Here mention documents produced,^ II. CITATION OF PARTY. The party may be cited either by the officer of the pres- bytery, or by a messenger-at-arms or sheriff-officer. 99. Wail- ant of Citation. At D., the day of 18 years, v.'hich day the presbytery of D. being met and consti- tuted, inter alia, the said presbytery having heard, read, and considered the foregoing libel, at the instance of the said presbytery against Mr A. B., minister of C, for the crime of ; they did, and hereby do, grant warrant to, and authorise P., presbytery- officer, (or sheriff-officer or messenger-at-arms,) to serve copies thereof, and of the list of witnesses thereto subjoined, and of this deliverance, on the said A. B., and to cite him to appear personally before the said presbytery at their next meeting, which is appointed to take place at the day of next, to answer thereto, and to give the said citation in writing, either personally or at his dwelling-place, bearing a competent time for his giving in his answers and objections to the said libel, and list of witnesses, if he be so advised, at least ten days before the day of compearance. N. O., Presbytery-Clerk. 100. Citation thereon. I, P., presbytery-officor, by virtue of the foregoing libel, at the instance of the reverend presbytery of D. against you, I\Ir A. B., minister of C, for the crime JUDICIAL PROCEDURE. 107 of , and of the warrant and authority thereon by the said reverend presbytery, of which libel, with the list of witnesses thereto subjoined, and warrant and authority thereon by the said reverend presby- tery, what is contained on this and the pre- ceding^ pages is a just and exact copy, do hereby lawfully cite you, the said A. B., to compear per- sonally before the said presbytery at their next meet- ing, which is appointed to take place at , the day of next, in the hour of cause, at o'clock noon, to answer to the said libel ; and I further charge and ordain you, the said A. B., to give in answers and objections to the said libel and list of witnesses, if you be so advised, within (^ays, at least ten free days before the said day of compearance. This I do upon the day of , in presence of these witnesses, L. and M. L., Witness. P., Presbytery- Officer. M., Witness. 101. Certificate of Execution. I, P., officer to the reverend presbytery of D., hereby certify, that upon the day of 18 years, I did, in virtue of a libel at the instance of the rever- end presbytery of D. against Mr A. B., minister of C, for the crime of and of the warrant and authority thereon granted by the said presbytery, lawfully cite the said A. B. to appear personally be- fore the said presijytery, at their meeting, which is appointed to take place at on the day of next, in the hour of cause, at o'clock noon, to answer to the said libel ; and I farther charged and ordained him to give in answers and ol)joctions to the said libel, and list of witnesses thereto subjoined, if he be so advised, before tlie said day of ajipoaranco ; a just and exact copy 108 ' PRESBYTERY. of which libel, and of the list of witnesses thereto subjoin- ed, and of the warrant and authority granted thereon by the said presbytery, consisting in whole of pages, subscribed by me on each page, and having a citation attached thereto to the above effect, subscribed by me and the following witnesses, I delivered to the said A. B., personally apprehended, {if not personally^ by deliver- ing the same at his dwelling-house,) before and in pre- sence of L. and M., witnesses to the premises, and hereto with me subscribing. P., Presbytery-Officer. L., Witness. Mm Witness. III. CITATION OF WITNESSES. The same forms are used here as in the cases before Kirk- Sessions. — Vide p. 16, et seq. IV. OBSERVATIONS ON ORDER OF PROCEDURE AND LAW OF EVIDENCE. On the day fixed for the trial, the presbytery being met and constituted, call for the minister, and if he appear, the libel is then read over to him, along with his answers, if he have lodged any. The presbytery then proceed to con- sider the relevancy of the libel. Should the libel appear to be partly relevant and partly irrelevant, it is competent to amend it by striking out the irrelevant part, if that can be done without altering the nature of the charge. Should the libel bf found irrelevant, the whole proceedings fall to the ground. If the libel be found rck-vant, the minister is dealt with, JUDICIAL PROCEDURE. 109 with a view to confession ; but should he still deny the truth of the libel, a proof is then taken by the presbytery. The prosecutors then proceed to call witnesses in support of the allegations of the libel. It is impossible here to enter at any length into the law of evidence, but the following remarks may be of use in practice. 1. Who are competent witnesses? Insane or imbecile persons are, of course, disqualified from being witnesses. It is not usual to examine children under twelve years of age on oath. But their testimony ought always to be received in corroboration, and is generally found accurate. If unsupported, however, it should not be relied on. The character of a witness may affect his credibility, but will not, in general, disqualify. Interest in the issiie of a case amounts to a disqualification. A direct pecuniary interest will exclude the testimony of a witness. A contingent or possible interest will affect credibility, but will not exclude. In general, an interest in character should attach to tlie witness's credibility, but should not exclude him. In cri- minal charges it frequently happens that those can give the most important testimony who are more or less involved in the crime. But no witness is bound to criminate himself. Relationship, within certain degrees, disqualifies. Husband and wife cannot be witnesses either for or against each other, except in the special case of injury to the person of either by the other. Parents and children are in general admissible witnesses in favour of each other ; but their testimony is, of course, subject to remark. It is now settled in the civil court, that parties in the re- lation of parent and child have the option whether to give evidence against each other or not. 110 PRESBYTERY. Agency, mulicc, or partial counsel, are valid objections to a witness. Agency, to exclude, must be agency in the cause itself. Malice or enmity against the accused is a legal disquali- fication, but mere casual expressions of dislike or momen- tary animosity will not be held to amount to malice. Partial counsel includes all acts tending to aid in the cause on one side or the other by getting up evidence, &c. But in general, although such conduct may be competently proved in order to affect the witness's credibility, it should not exclude him. If a party have been instructed how to depone, ho is not a competent witness. It is not easy to lay down any gene- ral rule as to the degree of instruction which will absolutely disqualify. But all acts tending to bias the mind of a wit- ness, as precognition along with other witnesses, consulta- tions on the cause with the prosecutors or the party, and the like, should be avoided. There is a peculiar delicacy in the position of a member of presbytery on this head. Where the libel is at the in- stance of the presbytery, they must, of course, unite the functions of prosecutors and judges. But no member of presbytery will be admissible as a witness, unless he care- fully abstain from all participation in preparing or judging of the cause. Where, on the other hand, the libel is at the instance of a private party, the members of presbytery are bound to confine thcmselv^es strictly to the judicial character, and assistance given by them to the preparation of the cause, will disqualify them for taking part in the deliberations. Advocates and agents are not bound to disclose matters en- trusted to them by their clients in their professional capacity. These are some of the most important points affecting a witness's admissibility. The tendency should always be rather to admit than reject testimony. When the witness is adduced, the opposite party is then entitled to object, and he may prove his objection either by JUDICIAL PROCEDURE, 111 evidence or by examliuitior. of the witness in inUialibus. If he adopt the latter mode, the witness is then sworn, (as iii Kirk-Session, p. 17.) If the objection is repelled, the examination of the wit- ness proceeds. Witnesses must not be examined in presence of each other ; and it is in general a good objection to a wit- ness, that he has been in Court while another was giving his testimony. The prosecutor then examines the witness in chief rela- tive to the charge in the libel. 2. What is competent evidence ? The questions put must be more or less pertinent to the cause. A witness must depone not only to his knowledge, but to his cause of knowledge. He must likewise speak to what he himself knows, not to what he has heard. It must be particularly remarked, that it is not competent for a witness to tell what a third party may have told him. This is hearsay — not evidence — and such questions ought never to be permitted to be asked or answered, with the following exceptions. It is competent to ask a witness to speak to what he has heard said by a party deceased — or by the accused — or by any one in the presence of the ac- cused — or to what was said at the time the act charged took place, if such observations formed part of the res gesta, or to a common rumour ox fama in the neighbourhood. A witness examined as to facts cannot be competently asked his opinion generally ; but he may be asked what be- lief or impression was produced at the time by the facts sworn to. But persons of skill may be examined as to their opinion on the facts, or on incidental points of the cause. Engineers, medical men, &c. are admissible in this capacity. A witness may look at waitings of his own made at the time, to refresh his memory, but not at those of another. Leading questions are incompetent. A witness must -^ 112 PRESBYTERY. not be asked, " Did he do so and so ?" but, " What did he do?" Although no witness is bound to criminate himself, it is competent to ask the witness questions having criminatory tendency, he being warned by the Court that he is not bound to answer them. If the witness declines to answer, the circumstance is, of course, taken as an element of proof. The depositions of witnesses are taken down in writing, and signed by them, and the moderator and clerk. It sometimes happens that the depositions of aged persons, or parties about to leave the country, are taken out of Court, and produced in evidence. It seems impossible to fix any general rule as to the admissibility of such deposi- tions. If, however, the parties so examined shall be in a situation, on the day of trial, to be adduced as a witness, the deposition will, of course, go for nothing. The examination for the prosecution being concluded, the accused is entitled to cross-examination, and when the whole proceedings for the prosecution are closed, he is en- titled to call and examine witnesses on his own behalf. The presbytery then declare the proof concluded, and proceed to consider its import. V. FORMS OF JMINUTES RELATIVE TO LIBEL, &C. In connection with this head oi judicial procedure, the following may be given as Styles of Minutes. In the case of afama })revaiiing against a preacher of the gospel, or minister of a parish within their bounds, the pres- bytery may appoint a committee of their number to make enquiry, and to report as to the steps proper to be taken by the presbytery. JUDICIAL PROCEDURE. 113 102. Minute of Presbytery appointing Committee of Enquiry. At D., the day of 18 , which day the presbytery of D. met, and was constituted, and being alone, it was stated by a member of court, that certain very unpleasant reports were prevailing in re- gard to the character of Mr A. B., preacher of the gospel within their bounds, (or their brother, Mr A. B., minister of the parish of C.,) whereupon the presby- tery, after due consideration of the same, appointed the following members, viz. E. F. G. and H., a com- mittee to make further enquiry into the nature of the fama now prevailing against the said A. B., and to report to the presbytery at their next meeting as to the procedure which it may be proper to adopt in this mat- ter. Closed, &c. If the prevailing rumours relate to a minister of their bounds, the presbytery, instead of appointing a committee, may order a visitation of the parish to which the minister belongs. In which case, the minute, after stating the pre- valent rumour, may run thus. 103. Minute appointing Preshyterial Visitation. The presbytery having taken this matter into their serious consideration, did, and hereby do, appoint a visitation of the parish of C, to take place on day of next, that the heritors, elders, and communicants of said parish may be examined respecting the rumours now prevailing in regard to their minister. The pres- bytery instruct Mr E. F. to preach that day ; and they further appoint Mr G. H. to preach in the church of C, on Sabbath, the day of , that due in- 114 PRESBYTERY. timation of said meeting of presbytery may be given to all concerned.* It may so happen that proceedings against a minister may be instituted in consequence of a petition being presented to the presbytery by certain of his parishioners. 104. Minute when Petition again.%t a Minister is presented. The presbytery being met, &c. Compeared Mr L. M., and presented a petition, signed by certain persons, styl- ing themselves heads of families in the parish of C, and members of the Established Church there, praying the presbytery to enquire into certain reports now pre- valent in regard to Mr A. B., minister of said parish, (the particular crime alleged must be stated.) The presbytery being alone, resolved, after due deliberation, that the petition should lie on the table till their next ordinary meeting, then to be taken into consideration, and (should the person accused be absent) they appoint- ed their clerk to give intimation thereof to the said Mr A. B. If the result of the appointment of the committee, or the presbyterial visitation, or the consideration of the petition, as in the foregoing Style, be such as to convince the presby- tery that there are grounds for a libel against the minister, they will then proceed accordingly. If the parishioners are to become the libellers, as will be the case where they lodge a petition, and as is desirable in whatever way the proceedings may commence, then the presbytery will ordain them to give in a libel with the witnesses to be adduced in support of the charge within a certain time. And if the presbytery be com- pelled to become libellers, they will appoint a committee to draw out the libel, and to submit it to the court. Of these • Ten free days must elapse between the intimation and the meeting of presbytery. JUDICIAL PROCEDURE. 115 judgments of the presbytery it is deemed unnecessary to give any forms ; but the following is given as the form of a minute, when the libel is given in by the parishioners. 105. Minute when Libel given in by the Parishioners. Compeared Mr L. M., agent for parishioners of C, who gave in a libel against Mr A. B., minister of said parish, which was authenticated by the signatures of the moderatorand clerk, the tenor whereof follows, (here take it in.) The presbytery having considered said libel, order a copy thereof, and of the list of witnesses annex- ed thereto, to be served on the said A. B., and direct their officer to cite him to compear before the presby- tery to answer the same at their next ordinary meeting, to be held on day of next, at o'clock ; said citation to be made ten free days at least before said meeting.* 106. Minute of Meeting when accused Party appears, and the relevancy of the Libel is considered. The presbytery-officer returned execution of citation against the said Mr A. B., properly attested, bearing that he had, on the day of last, regularly served the said A. B. with a copy of the libel and list of witnesses, and duly summoned him to compear be- fore the presbytery this day, to answer to the same. Mr A. B. being called, compeared with him K. L. as his counsel. Mr L. M. attended on behalf of the libellers. The libel having been read over, the following defen- ces were given in on the part of Mr A. B. (here take them in.) Parties were then heard on the relevancy of the libel ; and being removed, the presbytery did, and hereby do, find the major proposition of the libel •Such a fnnn as the above will, pcnerally speaki'ig, be quite suflicient, and so supersede the necessity of the more leuf^tbeued fi.'iiii of which the warrant of citation, in Style \iQ. 96, is to be considered au extract. 116 PRESBYTERY. relevant ; they also find the articles of the minor pro- position relevant. Parties being called in, this sentence Avas intimated to them. The presbytery appoint their next meeting to be held at on the day of next, for the purpose of dealing with the said A. B. according to the form of process ; or of re- solving to proceed to the probation of said libel accord- ing to law, and of granting warrant for summoning the witnesses, for proving thereof, as they shall see cause; and they instruct their clerk to give timely informa- tion of said meeting to Mr A. B., and that the presby- tery require that he appear personally. Should the presbytery be unsuccessful in bringing the ac- cused party to an acknowledgment of guilt, they then re- solve to proceed to probation. 107. Minute when Presbytery resolve to proceed to Probation. The presbytery having resolved to proceed to a proof of the charges in the libel, appointed their next meeting to be held at , on the day of for this purpose, and they authorised and empowered any sheriff-officer or constable, within the county of , or messenger-at-arms, to summon such witnesses in the list appended to said libel, as to the libellers may seem meet, to appear in said place, on that day, to give evidence in the cause, and they appointed their clerk to issue their edict for that purpose. Parties were sum- moned apud acta to attend said meeting. The witnesses are cited, put on oath, and examined, in the same way as before, vide Kirk- Sessions, pp. 16, 17. No Style is necessary for the taking of the proof. The witnesses on the part of the prosecution having been exa- JUDICIAL PROCEDURE. 117 mined, the defender is then allowed an exculpatory proof, the presbytery granting warrant for the citation of the witnesses, as in the former case. The exculpatory proof being* finish- ed, the presbytery come to a deliverance, after hearing parties on the evidence. If the libel infer deposition, and the crime be proved, sentence is then carried into execution, provided no appeal be taken to a superior court. 108. Form of Minute in case of Deposition. (Place and Date.) Which day the presbytery of D. being met, and duly con- stituted, &c. Sederunt, &c. The presbytery having had under their consideration the libel, at the instance of against Mr A. B,, minister of the parish of C, which set forth, &c., and the citation of the said A. B. — his compearance — his answers to the said libel against him — the proof adduced — and having found the same relevant by the acts and practice of this church, to in- fer deposition, as also the articles of the said complaint, sufficiently proved by the depositions of the witnesses, and other proof adduced, viz. That (here narrate the charges found proven,) as the proof adduced bears. Therefore, the presbytery did, by their vote, depose the said A. B., likeas they hereby do, in the name of the Lord Jesus Christ, the alone King and Head of his Church, and by virtue of the power and authority com- mitted by him to them, depose the said A. B. from the office of the holy ministry ; prohibiting and discharg- ing him to exercise the same, or any part thereof, in all time coming, under the pain of the highest censures of the church. Previously to the moderator pronouncing the solemn sentence of deposition, prayer is oifered by one of the breth- ren. 118 PRESBYTERY. 109. Form of Deposition. In the name of the Lord Jesus Christ, the sole King and Head of this Church, and by virtue of the power and authority committed by Him to it, I do now so- lemnly depose you, Mr A. 13., minister of the parish of C, from the office of the holy ministry, prohibit- ing and discharging you from exercising the same, or any part thereof, in all time coming, under the pain of the highest censure of the church ; and I do declare the church and parish of C. vacant, from and after the day and date of this sentence. If signs of penitence have been given, and the crime proved does not demand so severe a punishment as deposi- tion, but still that so much guilt has been proved as that some punishment is called for, the court may suspend the accused from the exercise of his ministerial functions, and that either for a limited or unlimited period, as to the pres- bytery may seem most proper in the circumstances of the case. If the person accused be a preacher of the gospel he is, in the event of the libel being proved, deprived of his li- cence. 110, Minute in the case of Depiuvalion of Licence. The presbytery therefore did, and hereby do, deprive the said Mr A. B. of his licence as a preacher of the gospel, declare that he cannot be admitted into any pulpit within the bounds of the Church of Scotland, and that he is disqualified to accept a presentation, or be received into any pastoral charge. In the case of a minister being deposed, or a probationer JUDICIAL PROCEDURE. 119 deprived of his licence, intimation thereof must be made to the clerk of the Assembly.* VI. GREATER EXCOMMUNICATlON.f Although this division of the section of Judicial Pro- cedure is, in many respects, different from the five pre- ceding, it has yet been thought necessary to insert it here. The preceding relate entirely to ministers and preachers of the gospel ; the following to members of the church gene- rally. In eases of obstinate contumacy, or continuance in scan- dalous practices, where the communicant hath lain under the sentence of lesser excommunication t for some considerable time, and yet is found frequently relapsing into the same vices for which he was censured, there is ground for a pro- cess for the censure of the higher excommunication. The lesser excommunication, however, is sufficient, where there has been no scandal proved, and where there only follows simple contumacy, by not appearing. But if the scandal be of a heinous nature, and spreading and infectious, as in cases of heresy and schism, the contumacy is to be pro- ceeded against in the manner herein after mentioned. The matter comes before the presbytery by a reference from the kirk-session, who have already brought the pro- cess to an intimation of the sentence of the lesser excom- munication. The presbytery, if they find the lesser ex- communication not sufficient, cause the party to be cited, * Pardovan says, book iv. tit. 4, § 19, '* The Assembly, August 5, 1648, considering, that, according to the ancient order and practice of this kirk, the censures of suspension and deposition are both ab officio et bene' ficio ; therefore, they discharge deposed or suspended ministers to exercise any part of the ministerial calling or intromit with the stipend, under pain of excommunication to the deposed minister, and of deposition to the sus- pended." t Pardovan, b. iv. t. 6. i See page 19. 120 PRESBYTERY. and if he appear and deny the scandal alleged, they are then to lead probation, as in other cases. But if the party do not appear, but contemn the citation, he must be formally cited three times, and then cited from the pulpit ; intimation being given, even though he be ab- sent, that if he do not appear, the presbytery will, notwith- standing, proceed to investigate the case. After this, the presbytery appoint the minister to acquaint the congrega- tion with the proceedings that have hitherto taken place, and the contumacy of the party ; and on three several Sab- baths gravely to admonish the party, if present, to repent, and submit himself to the discipline of the church ; and if he be absent, the minister is to acquaint the people that the church requires him to repent and submit. As every step in this procedure must be taken with all caution and deli- beration, it is appointed that a meeting of the presbytery shall intervene between each admonition. If he still remain impenitent, the presbytery appoint public prayer to be made for him on three several Sabbaths, a meeting of presbytery intervening, as before, between each of these Sabbaths. If all these steps prove ineffectual, then the presbytery is to appoint a minister to intimate their intention of passing sentence. 111. Minute of Presbytery s appointing Edict to be served. (Place and Date.) Which day the presbytery having met, and been duly constituted; Sederunt, &c. The presbytery resumed con- sideration of the case of A. B., and finding that there had been adduced full and sufficient proof of his guilt, and that notwithstanding, he showed no signs of true penitence or contrition ; consideringalso,thathehadbeen guilty of obstinate contumacy, inasmuch as, although he had been duly cited in the ordinary form, and thrice JUDICIAL PROCEDURE. 121 seriously admonislied by order of the presbytery, from the pulpit, and although thereafter, public prayer had been made on three several Sabbaths, that God would deal with his soul, and show him the evil of his ways, he had yet refused to submit himself to the discipline of the church, they did and hereby do resolve, that on Sabbath the day of they will proceed in the parish church of C. solemnly to pronounce the sentence of the higher excommunication upon him, in the face of the congregation, unless either the party, or some for him, signify some relevant ground to stop their proceedings. And they appoint C. D. to preach in the parish church of C. next Sabbath, and make intimation accordingly. An edict is accordingly served in terms of the above minute. On the appointed day, after sermon, the minister narrates to the congregation all the steps of the process, and shows the obstinate impenitence of the scandalous person, and there, after solemn prayer, he pronounces the sentence, speak- ing to him in the second person, if present, and of him in the third person, if absent. See Pardovan, b. iv. tit. vi. § 9. 112. Sentence of Greater Excommunication. Whereas thou, A. B., hast been, by sufficient proof, con- victed of the sin of , and after due admonition and prayer, remainest obstinate, without any evidence or sign of true repentance, and dost contumaciously resist the authority of the church ; therefore, in the name of the Lord Jesus Christ, and before this congre- gation, I pronounce and declare thee, A. B., excom- municated, shut out from the communion of the faith- ful ; debar thee from their privileges, and deliver thee 122 PRESBYTERY. to Satan* for the destruction of thy flesh, that thy spirit may be saved in the day of the Lord Jesus. If, after prayer, or before pronouncing the sentence, the scandalous person make any public signification of his peni- tence, and of the desire to have the censure stopped, the minister may, on any apparent seriousness in him, delay pronouncing him excommunicated, upon his public engage- ment and promise to appear before the presbytery at their next meeting, of which the minister is to make report. After the sentence is pronounced, the minister is to warn the people of the effects thereof; such as, that they hold that person to be cast out of the communion of the church, and therefore they are to shun all unnecessary converse with him : nevertheless, excommunication dissolveth not the bonds of civil or natural relations. Then he shall conclude the censure with solemn prayer, and dismiss the congrega- tion with the blessing, after singing the last part of the 101st Psalm. Pardovan, iv. vi. 13. In case the excommunicated person continues obstinate, after the sentence of the presbytery is intimated in all the kirks within their bounds, they are to give an account thereof to the synod, who are to cause similar intimation to be made, and if this be also ineifectual, the synod must re- port it to the General Assembly. If a person under sentence of excommunication manifest signs of repentance, the presbytery may give warrant for his absolution. There ought, in this case, to be an edict of absolution counterpart to the edict of excommunication. lows; The minute authorising the absolution may be as fol- 1 Cor. V. 5. NEW CHURCHES. 123 113. Minute ordering Edict to be served before the Excom- municated Person is absolved. (Place and Date.) Which day, the presbytery of C. being met, and duly constituted, &c., A. B., an excommunicated person, compeared before the presbytery, and professed re- pentance for his sin. Whereupon, the presbytery, being satisfied of his penitence, ordained him to com- pear before the congregation of on the day of and make free confession of his sin, and did, and hereby do, give warrant to C. D. to absolve him, on the day of . Whereof they appointed the said C. D. to give due intimation on Sabbath next. The edict is served in the usual way. 114. Sentence of Absolution. Whereas thou, A. B., hast been shut out for thy sin from the congregation of the faithful, and hast now manifested thy repentance : In the name of the Lord Jesus Christ, I pronounce and declare thee absolved from the sentence of excommunication formerly pro- nounced against thee, and do receive thee into the communion of the church, and the free use of all the ordinations of Christ, that thou mayest be partaker of all his benefits, to thy eternal salvation. NEW CHURCHES. The procedure necessary to be adopted regarding the erection of new churches, which were, prior to 29th May 1834, named Chapels of Ease, is regulated by Act v. Ass. 1 798. By this act it is declared, that when a petition shall be laid before any presbytery, for the erection of a chapel of ease, it shall lie upon the table till their next ordinary meeting. " At that meeting, unless it shall jippoar to the 124 PRESBYTERY. presbytery, from the circumstances in which the petition is offered, that the erection of the said chapel of ease is unne- cessary and inexpedient, they shall cite the minister and kirk-session of the parish within which the chapel is intend- ed, and shall summon, by edictal citation, the heritors of the parish, and, if there is a burgh in the parish, the magis- trates of that burgh, to attend the next meeting of presby- tery, and to appear for their interest in the subject of the petition, if they shall see cause. That such presbytery, after having heard the parties, shall sufficiently ascertain the circumstances on which the petition is founded ; — the facts stated as reasons for the necessity or expediency of the chapel intended ; — the general plan of the chapel itself; — the estimate of the expense to be incurred in completing it ; — the scheme laid down for discharging the debts which it may be necessary to contract ; — the plan on which it is proposed to dispose of the collections to be made at the chapel ; — the names and designations of the persons in whom the property is to be vested ; — the mode proposed for the election of the minister ; — the stipend to be provided to him ; — and the security offered for the regular payment of the stipend : — That such presbytery shall thereafter re- port the whole above-mentioned circumstances of the case, from their minutes, to the next meeting of the General Assembly ; and shall not pronounce any final judgment on the petition, till they shall have received the special direc- tions of the Assembly thereon ; and that it shall be compe- tent for the petitioners, and for all parties having interest, to be heard on the subject at the bar of the Assembly." The first step, therefore, to be taken, is to apply by peti- tion to the presbytery within whose bounds the new church is to be erected. It is very desirable that the whole circumstances con- nected with the new church should be distinctly set forth in the petition. The overture on this subject (Act x. Ass. 1837) proposes, that " In every petition for a new erection, the petitioners shall be required to state, explicitly NEW CHURCHES. 125 and minutely, the number of persons who may be accommo- dated in the intended church ; the sum subscribed for its erection ; the persons or corporate body in whom it is pro- posed to invest the property ; the wished- for mode of elect- ing the minister and other office-bearers ; the provision made for keeping the church in repair ; for defraying the expense of communion elements ; and all the other circum- stances with which the presbytery may deem it necessary for them to be acquainted." 115. Petition for the Erection of a New Church. Unto the Rev. the Presbytery of A., the Petition of C. D. E. F. and G., for and in name of themselves and the other subscribers to the new church pro- posed to be erected in the village of H., parish of K. Humbly sheweth, That your petitioners, some time ago, were led totake a deep interest in the moral and religious circumstances of the inhabitants of the village of H., situated within the parish of K., and within the bounds of the pres- bytery of A., and to devise a scheme for providing an additional place of worship for their benefit, for which purpose the sum of L. has been subscribed. (Here insert the whole particulars which it may be thought necessary to be comprehended in the constitution to be granted by the presbytery, of which forms are after- wards given. Styles No. 124, 125.) For this additional church your petitioners are desirous of obtaining a constitution, in the manner prescribed by the Act of the General Assembly 1798, and of having it regularly incorporated with the Established Church of Scotland. May it therefore please the Reverend the Pres- bytery of A., to take the premises into their consideration, and to adopt the necessary mea- 126 PRESBYTERY. sures for giving effect to the object of this pe- tition. And your petitioners shall ever pray. The petition having been presented to the presbytery, the minute, ordering it to lie on their table till next ordinary meeting, may be as follows. 116. Meeting of Presbytery, when Petition is presented. (Place and Date.) The presbytery having met, and been duly constituted ; Sederunt, &c. There was presented to the presbytery a petition from C. D. E. F. and G., in name of themselves and the other subscribers to the new church proposed to be erected in the parish of H., which, having been read by the clerk, was ordered to lie on the table till next meeting. Closed, &c. The minister and kirk-session of the parish within whose bounds the church is to be erected are then ordered to be cited. The heritors are cited edictally, and also the magis- trates of the burgh, if there is a burgh in the parish, to appear at the next meeting of presbytery for their interest, on the subject of the petition, if they shall see cause. The citations are generally given in the church by the minister. 117. Citation to Minister and Kirk- Session as to pro- posed New Church. Agreeably to an appointment of the presbytery of A., at their meeting on the day of last, the minister and kirk-session of the parish of K. are here- by cited to appear at the meeting of presbytery, which is to be held at on the day of next, at o'clock, on the subject of the petition which has NEW CHURCHES. 127 been presented to the presbytery, as to a place of wor- ship proposed to be erected at H., within the bounds of the said parish. 118. Citation to Heritors. Agreeably to an appointment of the presbytery of A., at their meeting on the day of last, the heritors of the parish of K. (or magistrates of burghs, as may be,) are hereby summoned to appear at a meeting of said pres- bytery, to be held at on the day of next, at o'clock, to state objections, if they have any, to the erection of a new church at H., in connexion with the Established Church of Scotland. The presbytery-clerk requires to be satisfied of the cita- tions having been regularly given, by their being returned duly certified, as in Style 8 1 . 119. Certificate of Citation having been given. Church of K., the day of 18 . The above citation was this day duly served by L. M., Minister of The parties cited having appeared, and been heard by the esbytery, the minute may be — presbytery, the minute may 120. Minute of Presbytery when Parties have appeared. (Place and Date.) The presbytery having met and been duly constituted ; Sederunt, &c. The presbytery took into ihcir consideration the petition relative to the erection of a new church, in the parish of K. Parties being called, compeared C. D. for the petitioners ; the Rev. L. M., minister of the parish of K., as moderator, and in name of the kirk-session of that parish ; N. O., Esq., an heritor in the said parish, &c,, who were 128 PRESBYTERY. severally heard on the merits of the petition. Parties hav- ing been removed, the presbytery resolved that an addi- tional place of worship is requisite in the said parish of K., and, with the view of furthering the views of the petitioners by every means in their power, Messrs O. and P., minis- ters, and Q., ruling elder, were named a committee, to enquire into the circumstances stated in the petition, to re- vise the draft of the constitution, if already prepared, and to report to next meeting of presbytery. P. to be convener. Closed, &c. The committee will accordingly meet and obtain all in- formation in their power, in regard to the new church, either by written or parole evidence. The acts relative to the building of additional churches in populous parishes are, 58 Geo. III. c. 45, 59 Geo. III. c. 134, 3 Geo. IV. c. 72, and 5 Geo. IV. c. 103. By 3 Geo. IV. c. 72, § 27, it is declared " lawful for the Commissioners of Customs and Excise of England, Ireland, and Scotland, respectively, with the consent and under the authority in writing of the Lord High Treasurer of the United Kingdom of Great Britain and Ireland, or of any three or more of the Commissioners of His Majesty's Treasury for the time being, respectively, to remit all or any proportion of the duties of Customs or Excise respectively, or to order the same to be drawn or repaid, for, upon, or in respect of any stone, slate, bricks, timber, or other materials, which shall have been, or shall be bona fide procured for, or have been, or shall be used, in the rebuilding, or enlarging, or increasing, the accommodation of any churches or chapels imder the provisions" of the said acts. "And such duties shall, in every such case, be remitted, drawn back, or repaid, as the case may be, under such rules, regulations, and restrictions, and in such manner as shall be NEW CHURCHES. 129 ordered and directed by the Lord High Treasurer, or any three or more of the Commissioners of His Majesty's Trea- sury, in that behalf."* The following are the instructions issued by the Excise Office, regarding the receiving of the drawback. 121. Declaration by the Pa7'ty.\ I (or We) [insert the names, residence, and trade of the party or parties making the declaration] do solemnly and sincerely declare, that I (or We) contracted for the performance of the [state the nature of the work contracted for] in [state whether in building, rebuild- ing, or enlarging the church or chapel] at in the parish of in the county of and that in the execution of such contract I (or We) used the follow- ing materials, namely: — |[state the number of bricks, and the weight, and the superficial measure of the glass] and that the duty on such materials was paid at§ on the day of 18 ; and I (or We) make this solemn declaration, conscientiously believing the same to be true. (Signed) Solemnly declared at this day of 18 , before me, (Signed) 1 22. Certificate by the Architect. I, C. D., the architect who superintended the [building, rebuilding, or enlargement of the church or chapel] • From a Return ordered by the House of Commons on 26th April 1836, it appears, that between October 1830, and March 1836, there were fifty- nine places where drawbacks and duties " used in the construction of churches and chapels in connexion with the Kirk of Scotland," were al- lowed. t To be made by the contractor. t The quantities must be written in words at length, and not in figures. § If the contractor should not, after the most diligent inquiry, be able to state the date of payment of the duty, it must be so declared. 130 PRESBYTERY. at in the parish of do hereby certify, that the quantity of materials enumerated in the above declaration were actually used therein. Dated (Signed) C. D. After all the facts and circumstances mentioned in the petition have been fully inquired into, the report to the presbytery may be — 123. Report of Committee of Presbytery on the New Church. The committee having considered the facts and circum- stances stated in the petition, and had sufficient evi- dence before them, were fully satisfied, from the state- ments laid before them, of the necessity of an additional church for that part of the parish of K. in which the new church is proposed to be erected, and were unani- mously of opinion, that the presbytery should accom- pany the transmission of the usual documents to the General Assembly, with a recommendation in its fa- vour. The committee having taken into consideration a draft of the proposed constitution, approved generally of the same, and recommended that it should be transmitted to the General Assembly. Having examined the state of the funds, the committee were satisfied that there is every probability of the church being free of debt before the ordination of the first minister; and having also examined the papers connected with the government drawback on the ex- ciseable articles used in the erection of the church, re- commend that these should be signed by the moderator of presbytery, and also transmitted to the General As- sembly. Humbly reported by L., Convener. NEW CHURCHES. 131 In the above report, many particulars may be stated, viz. the general plan of the chapel — the expenses yet to be in- curred — how these are to be discharged — how collections are to be disposed of, &c. &c., all as stated in the act, and which are generally embodied in the articles of constitution. 124. Articles of Constitution of the New Church proposed to be erected at H.^ in the Parish of K. 1 . The property of the house and ground shall continue in the subscribers to the church, by whom they have Been provided, until a parish is designated, and a kirk- session appointed, when it shall be vested in the said kirk-session, in trust for the inhabitants of the parish. 2. The house shall be used only as a place of worship, in connexion with the Church of Scotland, and that this shall be inserted as a condition in the feudal investi- tures thereof, securing the same inalienably for the said purpose ; and it shall not be competent to elect any preacher or minister to officiate therein but a licentiate of the Church of Scotland, or a person who is an ordain- ed minister according to the rules of the church, and who, before his ordination or admission, shall produce a certificate of his having taken the oaths to govern- ment, according to law. 3. The funds arising from the seat rents and collections shall be under the management of those who have sub- scribed pounds and upwards, towards the erection of the church, or a committee appointed by them, until a parish is assigned, and a kirk-session formed ; after which, the whole revenue arising from these sources shall be under the management of the kirk-session, and shall form a fund for the payment of a suitable stipend to the minister, the amount of which shall be regulated according to the means at the disposal of the kirk-session, and the obtaining of any endowment by the State or otherwise, and also for payment of the ordinary ex- 132 PRESBYTERY, penses of the church, including the precentor's and beadle's salaries, and to the formation of a fund for keeping the church in repair. 4. In the event of an endowment to the church being obtained from the State or from the heritors, the one half of the ordinary collections (with the exception men- tioned in article tenth) shall be applied for the benefit of the poor of the parish, under the management of the kirk-session ; provided the said one half does not exceed the amount of any such endowment ; but if it does, the sum given for the poor from the collections shall only be to the extent of the endowment. 5. Before the induction of any minister to the church, suflBcient security shall be provided for an annual sti- pend of pounds to the minister. 6. The nomination and election of the minister of the church shall be vested in the persons subscribing pounds and upwards for its erection, until a kirk-session is appointed, and a parish ecclesiastically allocated to the church ; and in all time coming, the nomination and election, under the check and control of the laws and regulations made by the church in that behalf, shall be vested in the following parties, viz The kirk- session of the church and parish of H. one voice; A. B., Esq., of C; D. E., Esq., of F.; and their successors to the said estates of C. and F., so long as they continue to occupy sittings in the church, one voice, &c. ; and in the event of there being an equality of voices in the parties above named, then the kirk-session of the church and parish shall, in addition, always have the casting vote. If, however, at a future time, any heritor or heritors in the parish to be allocated to the church shall endow the church, by settling on the minister thereof, and permanently securing to him an annual stipend of not less than pounds, independent of what he may receive from other sources ; then the said heritor NEW CHURCHES. 133 or heritors shall have one voice, or an equal share with the parties above named, in the nomination of the minis- ter, the said heritor or heritors always, however, being Protestants. 7. Every nomination or election shall be intimated to the presbytery by a minute of said election, under the autho- rity of the persons entitled to nominate and elect, in consequence of which the presbytery shall be required to proceed to his trials for ordination or admission ac- cording to the rules of the church. And on every vacancy, unless an election is made by the parties en- titled to nominate, within the space of six months, it shall be in the power of the presbytery to fix a day for the said election. 8. When a vacancy takes place, it shall be reported to the presbytery, and during- the vacancy, the kirk-session shall apply to the presbytery, and shall have power, with their consent, to employ any minister or preacher to supply the church. 9. The election of every new minister, when reported to the presbytery, shall be accompanied by a letter of ac- ceptance from him ; and with the renewal of the stipu- lated amount of security for his stipend. 1 0. The sacrament of the Lord's Supper shall be dispensed in the church, not less frequently than twice a year, at such times as the session may appoint; and for the sa- cramental expenses the sum of pounds shall be paid from the whole amount of the ordinary collections. 11 . In letting the seats of the church, not only shall a dis- tinct and decided preference be given to the inhabitants of the village of H., and of such other places as may be included in the parish which may be assigned to the church, but persons taking sittings at any of the periods of letting, who do not reside within the parish, shall only be understood to hold them on the condition, that should these sittings be required for the use of (he parishioners, 134 PRESBYTERY. tliey must be given up in order to provide for their ac- commodation. 12. i\t no time shall the rent of the one half of the seats in the church exceed, on an average, the sum of shillings per annum for each sitting.* Since the above Style was put into types, the following Draft Proposed Model Constitution has been prepared by a sub-committee of the Church Extension Committee. Al- though it has not yet been approved of, it has been thought proper to insert it here. 125. Draft Proposed Model Constitution. 1 . The property of the church and ground shall be vested in the parties following, viz. [here insert the trustees, whether individuals or a body corporate,!] in trust for behoof of the members of the Church of Scotland in- habiting the parochial district allocated, or which may be allocated to the church, and forming the congrega- tion thereof, to be used only as a place of worship in connection with the Church of Scotland, and to be managed according to the conditions and provisions contained in this present constitution, as now sanction- ed, or as the same may hereafter be modified or amend- ed, with consent of the competent Church Judicatories. This condition shall be inserted in the feudal titles, which shall also exclude all power of burdening the property, and all power of alienating it, excepting only when a new place of worship shall have been provided in its stead for the parish which may have been allocated to it, and then only with consent of the presbytery of the bounds, and on condition of the new place of wor- • M(l. another Style in Appendix, No. IV. t The feudal rights being vested in a body corporate would obviate many possible iuconvcnienres which might arise in the lapse of time as to the titles. NEW CHURCHES. 135 ship being vested in trustees, for the same purposes and under the same conditions and provisions. 2. No preacher or minister shall be appointed minister of the church, who shall not be qualified according to the laws of the Church of Scotland to hold a pastoral charge within the same. Nor shall any minister, preacher, or other person whatsoever, be allowed to officiate in the said church, who shall not be, according to the laws of the church, admissible to the privileges of ministerial communion therein ; — and no person shall have any right to any of the civil privileges or benefits attaching to the office of minister of the said church, until he shall have been admitted to the pastoral charge of the congregation thereof by the presbytery of the bounds ; and in the event of any minister of the said church being deposed, or of the pastoral relationship be- tween him and the congregation being otherwise dis- solved, by sentence of the presbytery or superior judi- catories of the church, all the rights and privileges of whatever kind competent to the minister of the said church shall ipso facto cease and determine. 3. [For regulating the election of ministers — The views as to the proper mode of electing ministers vary so greatly that it has been thought better not to attempt to set forth any model of a plan. The next clause will, however, apply equally to any mode that may be adopt- ed, which is not of the nature of a presentation. N.B In some instances parties desire to have the first minister nominated in the constitution. Where this is done, there should be added this proviso : " Provided always the said A. B. shall on trial be found qualified, and duly ordained, and admitted by the presbytery of the bounds."] 4. Whensoever a vacancy shall occur in the office of minis- ter of the church, the same shall be immediately inti- mated by the kirk-session to the presbytery; and during 136 PRESBYTERY. the vacancy the pulpit shall be supplied under the con- trol of the presbytery, in the same manner as in the case of ordinary parish churches. When the parties entitled to elect are prepared to fill up the vacancy, ap- plication shall be made by them to the presbytery to fix a day for the election, and the presbytery shall, at fixing the gaid day, appoint one of their number to preside on the occasion of such election, and to moder- ate therein ; and in the event of any question arising as to the validity of the election, or as to the party le- gally chosen, the same shall be decided by the presby- tery, subject to appeal to the superior judicatories. Provided always, that if no application to fix a day of election shall have been made within six months after the date of the vacancy ; or if, in the event of such ap- plication having been made, but no election having followed thereon, or the same having failed through rejection of the party chosen or otherwise, the applica- tion shall not have been renewed within such six months, (deducting always the period which may have inter- vened between the date of the application and the failure foresaid,) the presbytery shall be entitled propria motu to fix a day for election, and, in the event of a failure to elect on the day so appointed, or the election of a party who shall fail to accept, — themselves to appoint the minister according to the laws of the church. 5. The stipend of the minister shall not be under L. per annum : and alongst with the nomination of each minister, an obligation shall be given in to the presby- tery, for payment thereof during his incumbency, to the eflfect following; viz. [Here state the nature of the obligation to be given in the particular case.] 6. The management of the secular affairs of the church shall be vested in the parties following; viz. [Insert the names of the proposed managers,] who shall be re- sponsible to the presbytery of the bounds for their ad- NEW CHURCHES, 137 ministration, and shall, before entering on their office, subscribe an obligation, binding themselves to compear before the presbytery to answer regarding the same, on a citation of ten days, and to abide by the determina- tion of the presbytery thereanent ; and every vacancy shall, as it occurs, in all time to come, be filled up by the election of a qualified person to the office of deacon in the congregation of the said church, to be chosen by the male communicants. The deacons shall have the same powers of management and administration as the persons above-named, and shall be subject, in regard to their admission to, and removal from office, and their conduct in the same, to the laws of the Church of Scot- land, with reference to the office of deacon, and to the review and control, in their administration, of the pres- bytery of the bounds, and superior judicatories of the church. 7. The managers or deacons shall be entitled to draw the seat-rents and receive the collections, and shall ap- ply these funds in the manner following, subject to the exceptions after-mentioned ; — viz. ( 1 .) In payment of the feu-duty, and other real or public burdens with which the property of the church may be chargeable, and of premiums of insurance, which shall always be maintained to a sufficient amount. (2.)* In payment of the interest of the debt of L. incurred in the erection of the building, and still unpaid. (3.) The setting apart, annually, one per cent, on the original cost of the fabric, (L. ,) being L. per an- num, to form a sinking fund for repairing, enlarging, and rebuilding the church. (4.) In payment of the minister's stipend. (5.) In payment of the salaries of the precentor, beadle, and other church officers. (6.)' In extinction of the capital sum of the debt above-men- A.Z?. — Nos. 2 and 6 will of course be omitted when there is no debt. 138 PRESBYTERY. tioned. If any surplus shall remain after these pur- poses shall be accomplished, it shall form a fund from which, at the discretion of the kirk-session, and man- agers or deacons, subject to the review of the superior judicatories, to augment the stipend of the minister, or for religious or charitable objects within the parish ; but no part thereof, nor of any of the funds of the church, shall ever accrue as profit to the contributors to the church, or to any private individuals, whether in the shape of rent for seats, interest on money subscribed, or otherwise. Provided always, that this stipulation shall not be construed to prevent the payment of interest on the above-mentioned debt of L. , or liquidation of the principal thereof. 8. The exclusive right of making collections on all or- dinary occasions of public worship, and for the purposes above and after mentioned, is reserved to the managers or deacons of the church ; and a reservation to this effect shall be expressly inserted in the feudal titles to the property; and such right shall be exercised, subject to the qualifications and exceptions following : — (I.) The kirk -session, and superior church courts, shall be en- titled to appoint special collections for particular objects, religious and benevolent, according to the common usage of the church. (2.) The expenses of providing communion elements shall always be deducted from the ordinary collections. (3.) In the event of a perma- nent endowment of not less than L.lOO per annum being secured to the church, by act of Parliament, al- location out of the teinds, or mortification by the heri- tors of the parish, or otherwise, the ordinary collections shall, while such endowment is enjoyed, be applied, under the direction and superintendence of the kirk- session and the heritors of the parish allocated to the said church, to the support of the poor thereof, subject to the deduction of the expense of communion elements. NEW CHURCHES. , 139 and all other charges competent by law, in the case of ordinary parish churches. 9. The seats of the church shall be let by ihe managers or deacons, yearly, (or half yearly,) at the term of ; and it shall not be competent to ar.y party to reserve or acquire a right of property, or other perma- nent right, to any of the pews or seats. At every seat- letting, a preference shall be given to inhabitants of the parish, being or becoming members of the congrega- tion : three weeks being allowed to such parishioners for taking their seats, before being open to be taken by others ; and the rates charged for the seats shall in no case exceed the following, viz. : [Here insert the rates.] [N.B — By the rules ot the Church Extension Committee, one-half of the sittings in every church which receives aid from their funds, must be let at an average not ex- ceeding 3s. each annually. In many cases, however, the limitation should be stricter. The rates adopted in some of the new churches in Glasgow are, one-third, not exceeding 2s. ; two-fifths, not exceeding 4s. ; and the remainder discretionary.] 10. The appointment and dismissal of precentor, beadle, and such other church officers as may be required, shall be vested in the kirk-session, and managers or deacons, who shall also have power to fix the amount of their salaries. 1 1 . The managers or deacons shall, on or before the day of in each year, present to the presbytery of the bounds a state of the affairs of the said church, showing the number of sittings let, and the rates of letting, the income drawn during the year, the appro- priation thereof, and the debt, if any, still remaining unliquidated. 12. It shall be competent for the General Assembly, on the application of the kirk-session and managers or dea- 140 PRESBYTERY. cons, to vary, amend, or alter this constitution, in ac- cordance always with the laws of the Church ; and in the event of the quoad spiritualia parish allocated thereto being erected, by decree of the Court of Teinds, into a separate parish quoad temporaliay it shall be competent, with consent of the kirk-session and mana- gers or deacons, and of the presbytery, to have the said church declared the parish church, subject to the pro- visions which attach by law to ordinary parish churches; providing always, that a permanent endowment of not less than L.lOO per annum be secured to the said church, that the burden of upholding and rebuilding the same be imposed upon the heritors, and that all the other civil privileges and benefits accruing by law, in the ordinary parishes in Scotland, be secured to the parish so created. The sub-committee were generally agreed on all the articles of the above Draft, except the sixths which was re- ported without any opinion of the sub-committee. After the presbytery having had laid before them the report of the committee, and the draft articles of constitu- tion of the proposed new church, the minute may be as follows. 126. Minute of Presbytery^ when a Report considered. (Place and Date.) The presbytery having met and been duly constituted ; Sederunt, &c. ; there was laid on the table the following documents. 1. Report of committee of presbytery, appointed at their meeting on the day of last, in regard to the new church proposed to be erected at H., in the parish of K. 2. Draft articles of constitution of the said new church. KEW CHURCHES. HI 3. Statement of X., builder in W., relative to account of wood, glass, &c. likely to be used in the erection of the new church, and the government drawback thereon, which the presbytery having considered, they resolved to transmit the same to the venerable the General As- sembly. Closed, &c. The draft constitution and other papers are then laid be- fore the General Assembly by petition, through their com- mittee of bills, in the usual form. When approved of, it is recorded in the books of Assembly, and an extract is after- wards furnished by the clerk, which again is usually record- ed in the minutes of presbytery. The next step is the allocating of a district to the new church, which the presbytery may proceed to get defined by a committee, on a petition from the subscribers, or on a simple application by letter. This is so very reasonable and desirable, that a committee is at once named to meet with the subscribers, or such as act for them, to get the consent of any of the heritors in the adjoining parishes, whose lands are proposed to be included in the new parish, and the boundaries defined. Their report may be 127. Report of Committee appointed to mark out Bound- aries of the Church. Report of the committee appointed by the presbytery of A., at its meeting on the day of 18 , to take steps for obtaining the consent of the heritors of to allow those parts of the lands of which belong to that parish, to be taken into the new parish of H., and to define the parish for the church of H. Your committee beg to report, that having obtained the consent of the heritors of parish, to include in the parish of H. those parts of the lands of 142 PRESBYTERY. which belong to the said parish, they recommend the following as a suitable parish for the new church at H., viz. 1. On the East, from a point in the centre of the road leading- to A., opposite the north-east corner of , &c. &c. 2. On the North, &c. and so forth. Humbly reported by P., Convener. The power of presenting* to the new church will, of course, be regulated by the articles of constitution ; and as there has already (Style No. 57) been given a form of Presentation, it is unnecessary to repeat what, with trifling and very obvious alterations, would be required to be almost repeated verbatim. The minister having been presented, and his trials fixed, a day is at once named for his ordination ; for in the new churches no call can be given, nor can any of the proceed- ings required under the Call Act (Appendix, II.) be gone through, until a session be formed, and a roll made up. This, of course, only applies to the first minister. The succeedino^ ministers fall under the usual laws. The presbytery will refuse to ordain the minister, until a bond for a certain amount of stipend be laid on their table, and approved of by them. * The state of the law was, that if an additional church, erected by any individual, the patron of the parish in which it was erected became the patron of the new erection. This was altered by the 4 William IV. c. (30th July 1834,) the preamble of which statute is, " Whereas, in many parishes in Scotland, the means of public worship provided by the Established Church of Scotland are inadequate to the extent of the popu- lation, and it is expedient to encourage the erection of additional places of worship by voluntary contribution : Be it enacted, &c. That where any church, chapel, or other |)lace of worship in Scotland, built, or acquired or endowed by voluntary contribution, shall , according to the i)rovi requiring to be repaired or rebuilt t The letters (a) (i) (c) &c., are referred to in the subsequent Styles under this section. CHURCHES, MANSES, AND GLEBES. HQ weakness and decay of the buildino^, it would be impos- sibK', by any operation or repair, to render it substantial and safe; so that the present church requires to be taken down and rebuilt (6), That the present church, although it may originally have been adapted to the extent and population of the parish, is now altogether inadequate, and does not aiford accommodation, suited to the increased population and present condition of the parish. The population, which fifty years ago amounted to no more than J has now, by a gradual and regular increase, been raised to ; and as a large number of the parishioners cannot procure accommodation in the par- ish church, they are under the necessity either of seek- ing it elsewhere, or of abstaining altogether from at- tendance upon divine service. The present examinable population of the parish amounts to persons, for two thirds of whom, at the least, sufficient accommoda- tion ought to be provided (c). [Or otherwise, as the case may be : the object of the peti- tion being to shew, 1st, That the present church has become ruinous and unsafe, and incapable of being re- paired, so as to be rendered sufficient, without incurring an expense equal, or nearly equal, to what it would cost to rebuild it; and, 2d, The extent of the accommo- dation required to be provided in the new church.] May it therefore please the Reverend Presbytery to appoint a visit to be made to the parish of C, and to direct this application and the proposed visit to be intimated to the heritors, and all concerned, from the pulpit, and upon the church doors, in common form, and also by letter to the absent heritors or their agents (rf) : To direct the attend- ance at the visit of such tradesmen, or other per- sons, as may be considered qualified to assist at 150 PRESBYTERY. the inspection (e) : Thereafter, to visit and inspect the church, and, if necessary, to require the said tradesmen or others to report upon oath as to its state and condition, and whether it is ruinous and unsafe for the attendance of the parishioners on divine worship ; and also whether it is capable of being repaired so as to be made safe and sufficient, and at what expense, as compared with that of re- building : Thereafter, to find that the church is ruinous and unsafe, and incapable of being repair- ed and rendered sufficient, and that it must be taken down and rebuilt CX)'- To appoint the necessary- plans, specifications, and estimates for rebuilding the church upon such a scale as will aflford com- fortable accommodation for at least sitters to be procured, and to authorise a contract to be en- tered into conform to such plans, specification, and estimates, as may be approved of : Thereafter, to remit to the clerk of court, or other proper per- son, to prepare a scheme of division of the ex- pense of the operations among the whole heritors of the parish, who are liable in payment thereof, and to proportion and assess the amount {g) of the contract price and other contingent expenses (in- cluding the expense of plans and estimates, and a remuneration to the tradesmen for attendance and reports, as well as the usual allowance to the pres- bytery-clerk, and the expense of collecting and administering the assessment) among the said heri- tors, according to the valued rent of their respect- ive properties, or other just proportion : To ap- point a proper person to collect and administer the said assessments ; and to decern and ordain the he- ritors to make payment to such collector of the proportions thereof due by them respectively : Or CHURCHES, MANSES, AND GLEBES. 151 Otherwise (/<) in the premises to do, as to the re- verend presbytery shall seem just. According to justice, &c. Signed by the petitioner or his agent. The presbytery will order the petition to be intimated. 130. Minute of Presbytery when Petition is laid on the table. The presbytery having considered the foregoing petition, appoint the Reverend D., E., and F., and G., clerk of presbytery, a committee, to visit and inspect the church of the parish of C, upon Wednesday, the day of next, at 12 o'clock noon, and direct inti- mation of this application, and of the time hereby fixed for the visit, to be made from the pulpit and upon the doors of the church, and also by letters to the absent heritors or their agents, at least ten days previous to the time fixed for the visit ; appoint the committee to secure the attendance, at their visit, of such tradesmen as they may consider qualified to assist them in their inspection, and to require the tradesmen to re- port upon oath, in terms of the petition, and direct the committee to report to next meeting of presbytery. 131. Form of Edictal Intimation made by the Minister from the Pulpit, and affixed to the Church Door. Intimation is hereby given to the heritors of this parish, and all concern<-d, that a petition has been presented to the reverend the presbytery of A., craving them to or- dain the present church of this parish to be taken down as ruitious, and unsafe for public worship, and a new church to be built, according to such plan as may be approved of by the presbytery ; and that a committee appointed by the presbytery are to visit and inspect this church upon Wednesday, the day of at 12 152 PRESBYTERY. o'clock noon, in order to report to the presbytery ; at which time the heritors and all others concerned, or persons duly authorised to act for them, are requested to attend. Intimation by letter is then made by the minister to non- resident heritors or their agents. It does not seem to be necessary that these letters should be written in such a formal style as the preceding intimation, as they may be varied according to the circumstances and situation of the persons to whom they are addressed. But of course, distinct intimation must be given of the object of the petition, and the time appointed for the visit. 132. Certificate of Intimation by the Minister. I, B., minister of the parish of C, hereby certify that the foregoing petition, and the time fixed by the committee of presbytery for visiting and inspecting the church, were duly intimated from the pulpit, and upon the church doors of the said parish, upon Sabbath, the day of last, and also by letters to H. and I,, and to the agents of K. and L., the only absent heritors. (Signed) B., Minister of C. 133. Report by the Inspectors. We, M. and N., having been appointed by a committee of the reverend the presbytery of A., to inspect the church of the parish of C, and to report whether the church is ruinous, and unsafe for the performance of public worship, and whether it is capable of being repaired, so as to be rendered safe and suitable for that purpose ; and having visited and inspected the said church, in presence of the committee, and of several of the heritors of the parish, and their agents, and having previously deliberately inspected and examined the whole build- CHURCHES, MANSES, AND GLEBES. I53 ing, find, [here the condition of the church must be described so as to shew that it has become ruinous and incapable of being repaired :] And upon the whole, we humbly report that the church is at present in a ruinous and dangerous condition, and unsafe for the performance of divine service ; that it is incapable of being so repair- ed as to be rendered suitable and safe for that purpose, (except at an expense little short of that for which a new church of similar dimensions might be built ;) and it is necessary that the church be taken down and rebuilt. (Signed) M. N., Inspectors. 134. Oath administered to the Inspectors. We, M. and N., having been severally examined by the Rev. D., one of the members of the committee of presbytery, in presence of the said committee, do hereby severally and respectively swear and depone, that the report above written is a just and correct statement of the matters therein set forth, according to the best of our judg- ment, as we shall answer to God. M., Inspector. (Signed) N., Inspector. D., Minister of 135. Report by the Committee of Presbytery. The committee appointed by the presbytery of A. upon the day of last, to report upon the peti- tion of B., minister of the parish of C, craving the reverend presbytery to ordain the church of that parish to be taken down and rebuilt, hereby report that, after due intimation of the petition and time fixed for our visit, we, in presence of the minister, and several of the heritors of the parish and their agents, and along with M. and N., who attended to assist us in our inspection. 154 PRESBYTERY. upon the day of last, visited and inspected the church, and heard the statements of the parties present, and having required the said M. and N. to report in vvriling upon the present condition of the church, and the practicability of rendering it safe and sufficient, by means of repairs ; and having procured their report, which they verified upon oath in our presence, we now lay it before the presbytery, and beg to give it as our opinion, both in consequence of the statements con- tained in the said report, and of what we ourselves saw and heard upon the occasion of our visit, that the church is in a ruinous and dangerous condition, and is unsafe for the attendance of the parishioners upon divine ser- vice, and that the present building is incapable of being repaired, so as to be rendered safe and suitable for that purpose. (Signed) D. E. F. G., Presbytery- Clerk. 136. Deliverance of the Presbytery condemning the Churchy and ordering Plans, Specijications, Sfc, to be lodged. The presbytery having resumed consideration of the peti- tion of B., minister of the parish of C, craving the presbytery to ordain the church of that parish to be re- built, together with the report of the committee ap- pointed to visit and inspect the church, and the report of the tradesmen therein referred to, Find, in terms of these reports, that the church of the parish of C. is in a ruinous and dangerous condition, and unsafe for the at- tendance of the parishioners upon divine service, and that it is incapable of being repaired so as to be ren- dered safe and suitable for that purpose ; and therefore decern and ordain the said church to be taken down, and a new church to be built for the said parish, capa- CHURCHES, MANSES, AND GLEBES. 155 ble of affording comfortable accommodation for sitters, being two-thirds of the examinable persons within tlie parish, and agreeably to such plan as may be approved of by the presbytery ; and apfioint the pe- titioner, or the heritors of the parish, to procure the neces- sary plans, specifications, and estimates, in order to re- building of the said church, and to lay the same before the presbytery, at a meeting to be held by them at , upon Wednesday the day of next ; with certification. 137. Decree of Presbytery approving of Plans and Esti- mates, and authorising Contract to he entered into. The presbytery having resumed consideration of the peti- tion of B., minister of the parish of C, craving the presbytery to ordain the church of that parish to be rebuilt, and of the various procedure which has al- ready taken place, in pursuance thereof, and having con- sidered the several plans, specifications, and estimates given in by P., R., and S., approve (a) of the plans, specifications, and estimates produced by the said R., and authorise the heritors of the parish, whom failing, the petitioner, to enter into a contract with the said R., for taking down and rebuilding the church conform to the plans, specifications, and estimate lodged by him, upon the said R. finding suflBcient security that the work shall be finished within the period, and in the man- ner, stated in the said plans, specifications, and estimate (6) : Find that the contract price for taking down and rebuilding the church, amounting to L. , as well as L. , being the expense incurred by the attend- ance of tradesmen and the reports referred to in the pre- vious proceedings, and other incidental expenses con- nected therewith ; as also L. , being the usual allowance to the cleik of presbytery ; and L. , as the expense of collecting and administering the assess- 156 PRESBYTERY. ment after mentioned ; amounting in all the said sums to L. sterling- ; are a burden (c) upon the whole heritors of the parish of C, and fall to be borne by them in proportion to the valued rents of their respective pro- perties, and decern accordingly ; Farther, remit to the clerk of presbytery to prepare a scheme of division of said sum of L. among the heritors of the parish, allocating and assessing each heritor in proportion to the valued rent of each respectively, and to report to the next meeting of presbytery.* 138. Decree of Presbytery assessing the Heritors for the amount of Sums in Estimates, ^-c. The presbytery having considered the scheme of division prepared by the clerk, allocating the sum of L. , being the expense of rebuilding the church of the parish of C, upon the heritors of that parish, in propor- tion to the valued rent of their respective properties, approve of the same, and appoint T. to collect from the heritors the proportions allocated upon them respective- ly, and to administer the same ; decern and ordain the heritors of the parish to make payment to the said T. of the sums allocated upon each of them respective- ly as follows, viz. A. the sum of L. , being the proportion effeiring to the valued rent of his property in said parish, B. the sum of L. , being his portion thereof, C. the sum of L. , (and so forth.) Appoint the said T., before an extract hereof shall be given out, to find sufficient security for the due and faithful collection and administration of the foregoing assess- ment, and decern. * Where there is a burgh of barony or repality in the parish, (as in the case of Peterhead,) the expense is allocated upon the heritois, according to their real rents. CHURCHES, MANSES, AND GLEBES. I57 139. Petition for alteration in the Site of the Church. When a petition is presented to the presbytery for altera- tion of the site and rebuildino^ of a church, the form of the petition will be similar in style to the preoedinj^ petition, Style No. 129, with the addition of a statement at letter (6) of the grounds upon which a removal is craved, so as to show the necessity of such a measure. The conclusion of the pe- tition will be the same as the preceding, until the letter (f) when it will proceed as follows. " And also to report whether the site upon which the churih at present stands is suitable and proper, or whether it is necessary, in conseqiience of the reasons before set forth, that the church be removed to another and more suitable situation. Thereafter, to find that the church has become ruinous and unsafe, and incapable of being repaired and rendered sufficient, and that it must be taken down and rebuilt ; and far- ther, that the present site of the church is unsuitable and improper, and that the church must necessarily be removed to a more suitable and convenient situation ; to design and set apart a piece of ground in a convenient situation, and of proper dimensions and quality, as a site for the church ; to ascertain the value of the said piece of ground, and to ordain the persons in possession to remove therefrom. To appoint the necessary plans," &c., and so forth, as in the preceding Style No. 129, to the letter (^,) when there will be added, " of the value of the piece of ground chosen as the site of the new church and chuich-yard." The proceedings following upon the petition will of course be liable to corresponding alterations and additions. 140. Petition to Presbytery for Repairs and Additions to a Church. This petition will be prepared in a similar style to the pre- 158 PRESBYTERY. ceding petition, Style No. 129. The narrative between letters (a) and (c) must of course be suited to the particular circumstances of the case, and must show the necessity of the repairs, and additions, if the latter be craved. The con- clusions of the petition, and the subsequent procedure, must also be subjected to corresponding alterations. 141. Petition when Rebuilding or Repairing of a Church is completed. Unto the Reverend the Presbytery of A., the Petition of B., Minister of the Parish of C; D. E. and F., Heri- tors of that Parish; R., Builder in S.; and T., residing there. Humbly sheweth, That upon the day of last, a petition was presented to the Reverend Presbytery, by the petitioner B., craving the presbytery to ordain the then exist- ing church of the parish of C. to be taken down and rebuilt. That after the usual preliminary proceedings had been gone through, the presbytery approved of the plans, specifications, and estimates, given in by the pe- titioner R., and authorised a contract, in terms thereof, to be entered into by the heritors, or minister, of the parish for rebuilding the church, and thereafter de- cerned the whole heritors of the parish to make pay- ment to the petitioner T. of the proportion of the con- tract price, and other contingent expenses connected with the rebuilding of the church, corresponding to the valued rent of their respective properties, and author- ised the said petitioner to collect and administer the as- sessment. That the petitioners D. E. and F., heritors of the said parish, accordingly entered into a contract with the pe- titioner R. for rebuilding the church, at the price and according to the plans and specifications approved of by the presbytery, and the petitioner R. lodged with the CHURCHES, MANSES, AND GLEBES. 159 clerk of court a bond of caution, that the operations should be performed in the manner, and within the pe- riod, stated in the plans and specifications. That the rebuilding of the church, and relative operations, as specified in the plans, specifications, estimates, and contract, have been finished to the entire satisfaction of the minister and heritors of the parish, and the church is now ready to be used for the performance of divine service. That the petitioner T. also lodged with the clerk of court a bond of caution, for the due and faithful collection and administration of the assessment. That he has ac- cordingly collected the whole sums assessed upon the parish, and has paid out of the proceeds the several ex- penses connected with the operations, and the contract price of the building, with the exception of the last in- stalment, amounting to L. , being the free ba- lance at present in his hands, which is retained, in terms of the contract, until the church shall be inspected and approved of by the presbytery. May it therefore please the Reverend Presbytery to visit and inspect the church, and, if necessary, to remit to tradesmen to report upon the same, and thereafter to find that the church has been rebuilt in a proper and substantial manner, and in terms of the plans, specifications, estimates, and con- tract, and that it is a suitable and sufficient church for the parish ; to authorise the clerk of court to deliver up to the petitioner R. his bond of caution ; and to direct the petitioner T. to pay over to the said R. the foresaid sum of L. , being the last instalment of the contract price of the building ; thereafter to exoner and discharge the petitioner T. of his office of collector of said as- sessment, and to authorise the clerk of court to deli- 160 PRESBYTERY. ver up to him his bond of caution. Or otherwise, &c., (as at letter (h) of petition, Style No. 129.) Signed by the petitioners or their agents. The presbytery, upon considering this petition, will ap- point a committee of their number to visit and inspect the church, and to procure a report from tradesmen as to the execution of the work, and also direct the clerk, or a commit- tee, to examine the accounts and vouchers of the coUf^ctor. And upon satisfactory reports being given in, the following (or a similar) decree will be pronounced. 142. Minute of Presbj/tery appointing Committee to inspect the Church. The presbytery having considered the foregoing petition, appoint A. B. and C. to visit and inspect the church therein mentioned, upon Wednesday the day of at 12 o'clock noon, and to procure a report from qualified tradesmen as to the execution of the work, and also to examine the accounts and vouchers of the collec- tor, and to report to the presbytery at their next meeting. 143. Report of Inspectors. We, N. and O., appointed by the committee of presbytery to inspect the church of , humbly report, that after minutely inspecting the same, and comparing the work with the specification, plans, and contract, we find that the work has been substantially and properly exe- cuted, and that the said building is, in all respects, finish- ed in a proper and substantial manner. (Signed) N. O. 144. Report of Committee of Presbytery. We, the committee of presbytery appointed to inspect CHURCHES, MANSES, AND GLEBES. \Ql the church, &c., hereby report, that, along with N. and O., we visited and inspected the same, and were satis- fied with the execution of tiie work; and we fartiier re- port, that, upon examining the accounts and vouchers of T., the collector appointed by the presbytery, we find the same correctly stated and vouched, and that the balance in the hands of the said T. amounts to the sum of L. A. (Signed) B. C. 145. Minute of Presbytery on receiving Report. The presbytery having resumed consideration of the fore- going petition, and the reports of the committee, and of the tradesmen appointed by them. Find that the re- building of the church of the parish of C, and relative operations, have been performed by the petitioner R. in a sufficient and substantial manner, and in terms of the plans, specifications, estimates, and contract refer- red to in the petition, and that the church now built is suitable and sufficient for the parish ; authorise the clerk of court to deliver up to the said R. his bond of caution ; appoint the petitioner T. to make payment to the said R. of the sum of L. , being the last instalment of the contract price of said building ; ap- prove of the report of the committee upon the accounts of intromissions of the petitioner T., as collector of said assessment ; and upon the said sum of L. being paid by him to the petitioner R., exoner and discharge the said T. of the office of collector of said assessment, and of his whole intromissions in relation thereto ; and direct the clerk of court to deliver up his bond of cau- tion, and decern. 162 PRESBYTERY. II. PROCEEDINGS CONNECTED WITH THE REPAIRS OF A CHURCH-YARD WALL. The powers and responsibilities of heritors in regard to church-yards are strictly analogous to those relative to churches. The statute 1597, cap. 232, directs all parishioners of every parish church to build and repair the church-yard dikes of their own parish church, with stone and mortar, to the height of two ells, and to make sufficient stiles and en- trances in the dikes to pass to the church and church-yard: and ordains the Lord,s of Session to direct and give letters and charges thereupon in form as effeirs. The burden here laid upon the parishioners is borne by the heritors, and although no power of enforcing the statute is thereby conferred upon presbyteries, the jurisdiction which in practice they have exercised in this matter has never been challenged. 14G. Petition for Repair of Church-yard Wall. Unto the Reverend the Presbytery of A., the Petition of B., Minister of the Parish of C, Humbly sheweth, That the upholding and repairing the wall of the church- yard is a burden incumbent upon the heritors of each parish, and the duty of enforcing the performance of this obligation belongs to the presbytery of the bounds. That the wall of the church-yard of the parish of C. has lately become ruinous and insufficient, part of it having fallen down, and the remainder being in a very dilapi- dated and insecure condition. [Or oihervvise, as the case may be, so as to show the insufficiency of the wall CHURCHES, MANSES, AND GLEBES. - 163 to afford protection to the church-yard, and the necessity of it being rebuilt or repaired.] May it therefore please the Reverend Presbytery, (and so forth, to letter {d) in petition, Style No. 129, " then proceed as follows:) Thereafter to visit and inspect the wall of the said church-yard, and with the assistance of such persons as may be consider- ed necessary, to Find that the said wall has be- come ruinous and insufficient for the protection of the church-yard, and must be taken down and re- built ; to appoint the necessary estimates to be procured for rebuilding the said wall, and to au- thorise a contract (a) to be entered into in terms of such estimates as may be approved of; thereafter, &c. (as in petition. Style No. 129, omitting the words within parenthesis.) This petition is signed by the minister or iiis agent. The proceedings of the presbytery upon this petition will be similar, mutatis mutandis^ to those of which examples have already been given. III. PROCEEDINGS CONNECTED WITH THE DESIGNATION OF A MANSE, OFFICES, AND GARDEN. By the act 1663, cap. 21, the burden of upholding manses "once built and repaired" at the expense of the heri- tors, is laid upon each minister during his incumbency. No special rules are laid down in the statute as to the mode in which this enactment is to be carried into effect. By custom, there has been introduced the form of an applica- tion to presbytery to inspect the manse and declare it free. So strictly has the rule thus introduced been interpreted, 164 " PRESBYTERY. that it would appear, nothing short of the technical term " free," in the decree of presbytery, will have the effect of re moving this burden from the heritors, and placing it upon the incumbent. Thus, it seems not to be enough that the presbytery find that the manse affords sufficient accommo- dation for the minister. (See the cases of Botriphnie and AvonHale, referred to in Connell on Parishes, p. SOS, et serf, and Duidop's Parochial Law, p. 133, et seg.) Each minister is entitled, upon his entry, to have the manse inspected and repaired before the burden of uphold- ing it is laid upon him. By the manse being declared "free," the minister is burdened with ordinary repairs only, and not with those arising from accidental causes, or from the decay occasioned by time and weather. 147. Petition to Presbytery to design a Manse, Offices, and Garden. Unto the Reverend the Presbytery of A., the Petition of B., Minister of C., Humbly sheweth, That the petitioner, as minister of the parish of C, which is a landward parish, is by law entitled to a competent manse, including offices and garden. That by the act 1663, cap. 21, it is declared, *' That where competent manses are not already built, the he- ritors of the parish, at the sight of the bishop of the diocese, or such ministers as he shall appoint, with t^o or three of the most knowing and discreet men of the parish, build competent manses to the ministers;" and the jurisdiction thus conferred upon bishops is now trans- ferred to and exercised by presbyteries. That no manse, offices, and garden, have ever been pos- sessed and enjoyed by the petitioner or his predecessors, (it may here be proper to mention any circumstances to which it is owing that there have previously been nei- ther manse, offices, nor garden ;) and as he is now de- CHURCHES, MANSES, AND GLEBES. 165 sirous of having a suitable manse, offices, and garden designed, built, and set apart for the use of himself and his successors in office, ministers of the said parish, the present application becomes necessary- May it therefore please the Reverend Presbytery, (and so forth, to letter (d) in petition, Style No. 129: J and thereafter, with the assistance of such persons as may be considered qualified for that pur- pose, to design and set apart a piece of ground in a convenient situation, near to the church, and of suitable dimensions and quality, for a manse, of- fices, and garden, to the petitioner, as minister of the parish of C , and his successors in office (a) : To ascertain the value of the said piece of ground, and to ordain the persons in possession to remove therefiom : To appoint the necessary plans, speci- fications, and estimates for the building of the manse, offices, and garden-wall, to be procured, and to authorize a contract, (and so forth, as in the petition, Style No. 129, adding at the letter {g) '* the value of the piece of ground designed as aforesaid," aiid omitting the luords within paren- thesis.) The presbytery will appoint intimation of this petition to be made to the heritors, and reports, plans, and estimates to be procured, as in the proceedings upon petition. Style No. 129, and decree in terms similar to the foUowinir will then.be pronounced. 148. Decree of Presbytery, approving of Plan and Estimates, Sfc. The presbytery having resumed consideration of the pe- tition of -B.. minister of the parish of C, craving the presbytery to decern for a manse, offices, and garden, 166 PRESBYTERY. Find that the said parish of C, being a landward pa- rish, (or " partly landward and partly burgal,") the mini- ster thereof is entitled by law to a competent manse, offices, and garden ; and that none have ever been de- signed or built in the said parish ; and having considered the report of the committee appointed to inspect the parish, and the documents therein referred to, hereby design and set apart as a site for a manse, offices, and garden, for the petitioner and his successors in office, ministers of the said parish, all and whole that prece of ground presently possessed by G., consisting of (here describe the piece of ground,) and ordain the said G. to remove therefrom within ten days after intimation of this decree shall be duly made to him ; and find that the value of the said piece of ground amounts to L. ; and having considered the several plans, specifications, and estimates for building the manse, offices, and gar- den-wall, given in by P. R. and S., approve, (and so forth, from letter (a) to (6) of precedmy Style No. 137, and then proceed as folloics :) Find that the value of the said piece of ground, being L. , and the contract price for building the manse, offices, and gar- den-wall, being L. , together with L. , being the expenses already incurred, and to be incurred, in collecting the assessment and otherwise, amounting in all the said sums to L. sterling, are a burden, (and so forth, as after letter (c) of Style No. 137.J For the garden and site of the manse and offices, half an acre is allowed ; the accommodation also includes stable, barn, and byre, with a garden and garden-wall. Lands annexed quoad sacra are not burdened with any part of the expense of building and upholding manses. CHURCHES, MANSES, AND GLEBES. 167 149. Petition to Presbytery for removal and rebuilding a Manse which has become ruinous. Unto the Reverend Presbytery of G., the Petition of H., Minister of the Parish of L., Humbly sheweth, That the petitioner is minister of the parish of L., which is a landward parish, and he is by law entitled to a competent manse, offices, and garden. That the manse and offices of the said parish were built, as the petitioner is informed, nearly years ago, and have during that period undergone various altera- tions and repairs. The petitioner was ordained to the ministry of this parish in the year , at which time, upon his application, certain repairs were made upon the manse and offices, and by a decree of the reverend pres- bytery, of date the day of , the manse was declined to be a free manse, and the petitioner to be bound to uphold it in repair during his incumbency. The petitioner has, from time to time, expended con- siderable sums of money in repairs upon the manse and offices, and has bestowed much care and attention to preserve the buildings. But in consequence of the extreme age of the buildings, and the insufficient man- ner in which ihey appear to have been originally con- structed, the manse and offices have fallen into entire disrepair, and become almost ruinous, and are al- together defective in safety, comfort, and accommoda- tion, for the use of the petitioner as minister of the parish. That the present manse and offices were originally of a very limited and incommodious construction — the house consisting of rooms only, of inconvenient shape and small dimensions, and the plan of the offices being equally defective, and even although it were practi- cable to get them repaired, and rendered habitable, no 168 PRESBYTERY. operations, which could be performed upon the present buildings, could possibly render them a suitable or con- venient residence for the petitioner. That the site of the present manse is also extremely in- convenient and improper, it being placed upon marshy ground, which renders it damp, unhealthy, and un- comfortable, and situated on the remote border of the parish, and at a considerable distance from the church, (or otherwise, as the case may be ; the narra- tive being of course adapted to the particular circum- stances of the case, and the peculiar nature of the application.) That the petitioner is, therefore, under the necessity of applying to the reverend presbytery to design and or- dain to be built and set apart for the use of the peti- tioner and his successors in office, ministers of the said parish, a new and suitable manse, offices, and garden, instead of those of which the petitioner is at present in possession. May it therefore, &c. {and so forth, to letter (e) of petition, No- 129:) Thereafter to visit the said parish, and to inspect the present manse, garden, and offices, and if necessary, to require the said tradesmen, or others, to report whether the pre- sent manse and offices are capable of being re- paired, so as to render them a suitable and con- venient residence for the petitioner : Thereafter to find that the present manse and offices are de- ficient in safety, comfort, and accommodation, and are incapable of being repaired, so as to be ren- dered a safe, suitable, and convenient residence; also, with the assistance of persons properly quali- fied, to find that the site of the present manse, offices, and garden, is unsuitable and improper, as being damp, unhealthy, and inconvenient; and thereafter to design and set apart a piece of ground CHURCHES, MANSES, AND GLEBES. \Q() within the petitioner's glebe in a convenient situa- tion, and of suitable dinnensions and quality, for a manse, offices, and garden to the petitioner, as minister of the parish of L., in room of those pre- sently possessed by him : To ascertain (and so forth^ as after letter (a) in the preceding Style, No. 147, (/) 150. Deliverance of Presbytery ordaining Neia Manse, 8fc. The presbytery, after the necessary preliminary steps, as in the case of a church, will (if satisfied of the accuracy of the statements in the petition) pronounce a judgment, find- ing '* the manse and offices of the said parish of L. to be defective in safety, comfort, and accommodation, and inca- pable of being repaired, so as to be rendered a safe and suitable residence lor the minister of the said parish ; farther, find that the present manse, garden, and offices, are situated in a damp and unhealthy situation, and in every respect unsuitable for a comfortable residence." The presbytery will then, as in Style No. 148, decern for a manse, offices, and garden, in a suitable situation. If the manse be in good repair, the minister is not entitled to claim additions on the ground of it being deficient in accommodation. On the other hand, where repairs of any importance are required, the Court generally sanctions any necessary additions; (Robertson v Earl of Roseberry, (Dal- meny,) July 28, 1788, M. 8515; Heritors of Strathblane, July 10, 1827, 5 S. & D. 913.) 151. Petition to Presbytery for Additions and Repairs to a yJanse, and Offices, and Garden Wall. Unto the Reverend the Presbytery of L., the Petition of M., Minister of the Parish of N., Humbly sheweth, That the petitioner, in the month of December last, was 170 PRESBYTERY. ordained to the ministry of the parish of N., and is by law entitled to a competent manse, offices, and gar- den. That the present manse was, by the directions of the reverend presbytery, repaired in the year upon the appointment of the last incumbent, but no farther repairs seem to have bt en performed upon it since that time. In consequence, the manse and offices have now fallen into a state of disrepair, the roof of the manse having become insufficient, the floor of the principal room being quite decayed, and various parts of the building having given way. That the manse and offices were originally constructed upon a very small and inconvenient scale, the manse consisting of three rooms only, of a small size, besides a kitchen and closets, and the whole building is un- suitable for the comfort and accommodation of the petitioner. That, in order to render the manse and offices suitable and convenient, it is necessary not only that the present building should undergo a thorough repair, but also that there should be an addition to the manse of two rooms of a convenient size, so as to form ' a comfortable parlour and bed-room, and also that a sufficient stable should be added to the offices. That the wall of the petitioner s garden, which seems to have undergone no repair for a great length of time, has also become insufficient, part of it having fallen down ; but it appears to be still capable of being re- paired, {or otherwise, as the case may be.) May it therefore, &c. {and so forth, to letter (e) of petition. Style No. 129.) Thereafter to visit and inspect the petitioner's manse, offices, and garden- wall, and to require the said tradesmen, or others, to report upon oath, whether the manse, offices, and garden-wall, are in a state of disrepair, and what repairs are necessary in order lo render the premises safe and comfortable ; and likewise what CHURCHES, MANSES, AND GLEBES. 171 additions are required to make the manse and of- fices a suitable and convenient residence for the petitioner, and his successors in office, ministers of the said parish. To appoint the necessary plans and estimates of the expense of these repairs and additions to he procured, and to authorise a con- tract, {and so forth, as in No. 146, after letter (a). The presbytery, after visiting and procuring reports, as above exemplified, will give the following deliverance. 152. Minute of Presbytery after visiting Premises. Find the manse, offices, and garden-wall, to be in a state of disrepair, inasmuch as {here insert briefly the nature of the defects and the repairs required.) Farther, find that, in order to render the manse and offices, when repaired, a suitable and convenient residence for the minister of the parish, and his successors, the fol- lowing additions are necessary to the manse and offices, viz. {here state them shortly, and proceed, as in No. 137, and subsequent examples, mutatis mutandis.) 153. Petition to Presbytery for designation of a Garden. Unto the Reverend the Presbytery of M., the Petition of N., Minister of the Parish of P., Humbly sheweth, That the petitioner, as minister of the parish of P., is by law entitled to a suitable manse, offices, and garden. That many years ago the present manse and offices of the parish were provided by the heritors to the minister without any application to presbytery upon the subject, but no garden was then set apart to him, nor has there at any time been a garden designed to or enjoyed by the petitioner's predecessors or him.self, (or otherwise, as the case may be ; the particular circumstances why no 172 PRESBYTERY. garden has previously been desi^^ned ought to be stated.) That as the petitioner is desirous of having a suitable garden designed to him, and his successors in office, ministers ot the said parish, the present application be- comes necessary. May it therefore please the reverend presbytery, {and so forth, to letter (e) of petition. No. 129.) Thereafter to visit the parish, and with the assist- ance of such persons as may be considered quali- fied for that purpose, to design and set apart a piece of ground in a convenient situation near to the manse, atid of suitable dimensions and quality, for a garden to the petitioner and his success' »rs in office ; to appoint estimates to be given in of the expense of the building a suitable wall round the said piece of ground, and to authorise a con- tract to be entered into for that purpose, in terms of such estimate as may be approved of; to ordain the persons in possession of the said piece of ground to remove therefrom, to ascertain, {and so Jar thy as in petition, No. 149, ij'.) The proceedings upon this petition will be similar to those following upon No. 149. 154. Petition to Presbytery to have a Manse and Offices declared " Free." Unto the Reverend the Presbytery of A., the Petition of B. C. and D., Heritors of the Parish of E., Humbly sheweth. That upon the application of G., minister of the said parish, the reverend presbytery, upon the day of last, appointed certain repairs to be done upon the manse, offices, and garden-wall, and these having accordingly been performed in a sufficient manner at the expense of the petitioners, the premises are now in CHURCHES, MANSES, AND GLEBES. 173 a state ol complete repair, and of a substantial struc- ture, and in every way suitable and sufficient for the accommodation of the minister and his successors in office. That by the act 1663, cap. 21, whereby the burden of buildintr and repairing tlie manses of the clergy is laid upon the heritors of each parish, it is, inter alia, de- clared, that the manses being once built and repaired by the heritors, the same shall thereafter be upholden by the incumbent ministers during their possession. That the said G., as minister of the parish, is therefore bound to uphold and maintain the said manse and of- fices during his incumbency, and the petitioners are entitled to have the same declared a free manse, and to be relieved of the burden of upholding the same duiing the possession of the said G. May it therefore please the reverend presbytery to appoint a visit to be made by them, and this peti- tion, and the time of the said visit, to be duly intimated to the said G. Thereafter to visit and inspect the said manse and offices, and, if neces- sary, to remit to tradesmen, or other persons of skill, to report as to the sufficiency thereof, and to find the said manse and offices to be suffi- ciently built and properly repaired, and to declare the same to be a free manse and offices, and that the petitioners are freed and relieved from main- taining the same during the possession of the said G. ; and that the said G. is bound to uphold the said manse and offices during his incumbency or otherwise, &c., {as at letter (A) petition. No. 129.) The presbytery, upon considering this petition, will ap- point a visit, and direct intimation to be given to the mini- ster. The report of tradesmen, if considered necessary, will 174 PRESBYTERY. also be procured. Deliverance will then be pronounced as follows. 155. Minute of Presbytery declaring Manse free. That the manse and offices referred to in the petition have been repaired in a sufficient manner, in terms of the order of presbytery therein mentioned, and that they are a suitable and sufficient manse and offices for the parish : Find the same to be a free manse and offices, and that the said G. is bound to maintain and uphold them in repair during his incumbency, and decern ac- cordingly. If the situation of an old manse be objectionable, the presbytery, when ordering a new one, may fix a diffi?rent site for it ; this must necessarily be within the glebe ; (Fountainhall, 31st January 1712, Steele.) It is always a question of circumstances whether a manse is capable of being repaired, or whether it must be taken down and rebuilt. When the old manse clearly admits of a proper repair, the Court never sanctions a new one ; (Hog V. Ritchie, 25th June 1808;) on the other hand, when the fabric has become ruinous, the Court refuses to allow a repair; (Dempster v. Headrick, 3d Decem- ber 1813.) They are generally guided by the report of skilful persons as to the best mode for rendering the manse a suitable and comfortable residence for the minister. There are several old statutes relative to the providing of manses and glebes. The leading enactment is the act 1663, cap. 21, which, in so far as regards the building, re- pairing, and upholding of manses, is as follows : " Our sovereign Lord, with consent foresaid, statutes and ordains, that when competent manses are not already built, the heritors of the parish, at the sight of the Bishop of the dio- cese, or such ministers as he shall appoint, with two or CHURCHES, MANSES, AND GLEBES. 175 three of the most knowing and discreet men of the parish, build competent manses to their ministers, the expenses thereof not exceeding 1000 pounds, and not being beneath 500 merks ; and where competent manses are already- built, ordains the heritors of the parish to relieve the mi- nister and his executors of ail cost, charges, and expenses, for repairing of the foresaid manses ; declaring hereby, that the manses being once built and repaired, and the building and repairing satisfied and paid by the heritors in manner foresaid, the said manses shall thereafter be upholden by the incumbent ministers during their possession, and by the heritors in time of vacancy out of the readiest of the vacant stipend." Two previous acts (1644, cap. 68, and 1649, cap. 221) had been passed during the Usurpation, containing nearly the same provisions as those above quoted, with the im- portant difference, that the power of designation was there- by conferred upon 'presbyteries. These statutes fell under the act rescissory of Charles II., but after the abolition of Episcopacy, Presbyteries assumed the jurisdiction con- ferred upon bishops by the act 1663, and have since con- tinued to exercise it without question. Every minister of a parish wholly landward, or of a burgh parish with a landward district attached, is entitled to a manse. But ministers of parishes within royal burghs, and having no landward district attached, have no right to manses; (Minister of Dunfermline v. Heritors, 19th No- vember 1805 ; Auld v. Magistrates of Ayr, 13th June 1827; Shaw and Dunlop, W. p. 99; Revers-ed in House of Lords, II. Wilson and Shaw, 600.) Presbyteries are entitled to fix the situation of manses. In practice, they are generally designed in a convenient situation, near to the church. The presbytery may pro- ceed to the designation in absence of the heritors ; nor is the presence of any of the parishioners, as required by the act 1663, now necessary; (Lochmaben, 1712.) 176 PRESBYTERY. By the act 1663, the maximum to be allowed for build- ing a new manse is L.inoO Scots, or L.83, 6s. 8d. ster- liuvf. It is not definitively settled, whether, in the event of no manse having been built at the date of the act, he- ritors would be bound to expend more than this sum upon the building. But it is fixed, that when a manse has gone to decay, and requires to be rebuilt, heritors are bound to supply a " competent" manse, although the expense far exceeds L.IOOO Scots. The usual sum now allowed by the Court is about L.IOOO sterling. By a " competent" manse is now understood one which is substantial and comfortable, and suitable for the accom- modation of the minister and his family, according to the state of society, and the rank which they hold. The statutes by which the right of ministers to arable GLEBES is conferred and regulated are, 1563, cap. 72; 1572, cap. 48; 1592, cap. 118; 1593, cap. 165; 1594, cap. 202 ; 1606, cap. 7; and 1663, cap. 21. Every minister who is entitled to a manse has also a right to a glebe of arable land. This glebe consists of four acres of arable land, lying as near and contiguous to the manse as can conveniently be ob- tained. It formed a question of some difficulty under the statutes, to determine whether church-lands were not prima- rily liable to be designed as glebes ; the result of the deci- sions is stated by Sir John Connell to be, that the distinc- tion which was at one time observed between church-lands and temporal-lands is (as to this particular burden) now al- together disregarded. (Connell on Parishes, p. 370.) The alternative of allowing four soums of grass in lieu of each acre of arable land was introduced by 1606, cap. 7. This alternative can be claimed by the minister only when a proper arable glebe cannot be provided to him. A soum of grass consists of as much land as will pasture one cow and ten sheep. CHURCHES, MANSES, AND GLEBES. 177 156. Petition to Preshijteiy to design a Ghbe of Arable Land. Unto the Reverend the Presbytery of A., the Petition of B., Minister of the Parish of C, Humbly sheweth, That the petitioner, as minister of the parish of C, is en- titled to a glebe of arable land ; and the power of de- siiJ^ning glebes, which vvas formerly exercised by the Episcopal clergy, has now devolved upon presbyteries. That the minimum extent of the arable glebe to which the petitioner is entitled, is four acres of arable land near to the church or manse, and if there be no such arable land, then the petitioner has a right, in lieu thereof, to sixteen soums of grass, out of the most com- modious and best pasturage lands lying nearest to the church. That no glebe of arable land, or of pasturage in lieu thereof, has (so far as the petitioner can learn) ever been designed to the minister of the said parish, at least no such glebe has been enjoyed by the petitioner, or his predecessors in office, for a century back, (or other- wise, as the case may be.) That the petitioner is now desirous that the arable glebe to which he is by law en- titled should be designed and set apart to him and his successors in office, ministers of the said parish. May it therefore please, &c., (to letter {d) of peti- tion, No. 129.) Thereafter, with the assistance of such persons as may be considered qualified for that purpose, to design and set apart as a glebe to the petitioner, as minister of the parish of C, (a) and Iiis successors in office, a piece of ground of proper quality, extending to at least four acres of arable land, near to the church or manse; or if no such ground can be obtained, then to design M 178 PRESBYTERY. and set apart, in lieu thereof, a glebe of pasture land, extending to sixteen soums of the most commodious and best pasturage lying nearest to the church ; to ordain the persons in possession of the said lands to remove therefrom ; to ascertain the value of the said lands, and to apportion the amount thereof, and other contingent expenses, among the whole heritors, &c., (and so forth, as in petition, No. 149.) - The proceedings upon this petition will be similar to those already exemplified, with the necessary alterations to suit the particular circumstances. By the act 1663, cap. 21, it was provided, that " every minister (except such ministers of royal burghs who have not right to glebes) have grass for one horse and two kine, over and above their glebe, to be designed out of the kirk- lands, and with relief according to the former acts of Par- liament standing in force. And if there be no kirk-lands lying near the minister's manse, out of which the grass for one horse and two kine may be designed, or otherways, if the said kirk-lands be arable land, in either of these cases, ordains the heritors to pay to the minister and his successors yearly the sum of L.20 Scots for the said grass for one horse and two kine, the heritors always being relieved, according to the law standing, off other heritors of kirk lands in the said parish." When there are no church-lands in the parish, there can be no designation of grass in kind. It is not settled whether in such a case the minister is entitled to the commutation of L.20 Scots. The claimant is bound to show that there are church- lands in the parish. The designation is made from the church-lands nearest to the manse. If all the church-lands CHURCHES, MANSES, AND GLEBES. I79 are arable, the commuted sum is allocated upon the heritors of the nearest church-lands; in either case, the heritor bur- dened, or whose land is taken, has a claim of relief against the heritors of other church-lands in the parish. 157. Petition for Designation of Minister's Grass. Unto the Reverend the Presbytery of A., the Petition of B., Minister of the Parish of C, Humbly sheweth, That the petitioner, as minister of the parish of C, is entitled by law, over and above an arable glebe, to a grass glebe for a horse and two cows out of church- lands near to the manse, and where there are no such church-lands in the parish, to the sum of L.20 Scots in lieu thereof, and the proprietors out of whose lands the grass glebe may be designed, or who may be ordained to pay the said sum of L.20 Scots, are entitled to a proportional relief against other proprietors of church-lands in the parish. That no grass glebe or legal allowance in lieu thereof has ever been designed to the minister of the parish of C, which renders the present application necessary. May it therefore, &c. (and sojorth^ to letter (a) of preceding example, then proceed,) a ^rass glebe for a horse and two cows, of the proper quality and extent, out of church-lands near to the manse ; to ordain the persons in possession of the ground to remove therefrom, and to ascertain the value there- of; or, in case no such grass glebe can be de- signed, to find the petitioner, and his successors in office, entitled to L.20 Scots yearly in lieu thereof; to allocate the value of the said ground and contingent expenses, or the foresaid sum of L.20 Scots, as the case may be, upon the heritors of church-lands in the said parish liable for the 180 PRESBYTERY. same, according to their valued rent, &c. (as in the preceding example.') See remark subsequent to the preceding Style. 158. Petition to Presbytery to authorise the Excambion of a Ajanse and Glebe. JJnto the Reverend tlie Presbytery of A., the Petition of B., Minister of the Parish of C, Humbly sheweth, (This petition must contain a description of the present manse and glebe, and also of those proposed to be re- ceived in exchange ; and detail ihe circumstances which render the excambion beneficial to the parish, and the terms upon which the exchange is to be made.) That it is necessary, in terms of law, that the proposed excambion should be made under the authority and w ith the sanction of the presbytery ; and the present application is therefore necessary. May it therefore please, &c. (and so forth, to letter {(I) of petition. No. 129.) Thereafter, to visit and inspect the present manse, offices, garden, and glebe of the parish, and also the house, offices, and ground, which are proposed to be excambed therefor ; to find that the proposed excambion would be highly beneficial to the parish, and to the petitioner, and his successors in office ; to au- thorise the petitioner to enter into a contract of excambion in the terms above set forth, and to execute all necessary deeds for completing the pro- posed transaction, and to interpone the authority of the presbytery thereto, or otherwise, (as at letter {b) of petition. No. 129.) The presbytery, after visiting the parish, and, if neces- sary, obtaining the report of tradesmen upon the subject SCHOOLMASTERS AND SCHOOLS. Ig] of the petition, will, if satisfied of the propriety of tlie pro- posed transaction, pronounce a judgment in conformity with the prayer of the petition. SCHOOLMASTERS AND SCHOOLS. From a very early period, the system of parochial instruc- tion in Scotland has been connected with the national Church Establishment, and the schoolmasters held amenable to the ecclesiastical judicatories for their conduct and doc- trines. This arranj^ement has been at various times con- firmed and regulated by acts of Parliament, as well as by the laws of the Church. Formerly the administration of these laws was the subject of much discussion ; for, although there could be no doubt of the powers of the Presbytery in regard to the examination, admission, and superintendence of the schoolmasters within their bounds, the law was far from being explicit on the question, whether the presbytery thus acted as a {)roper ecclesiastical court, from whom a right of appeal lay to the higher church courts, or whether this was a mere civil jurisdiction, (such as the presbytery exercises regarding churches, manses, and glebes,) com- mitted to them by the legislature, and in exercising which, they were under the control of the supreme civil courts alone. This question is now rendered of comparatively little consequence, as the last act on the subject, 43 Geo. III. cap. 54, has declared that in all matters regarding the admission, censure, suspension, and deprivation of school- masters, (so far as regulated by that statute,) the judgment of the presbyteries shall be final, "and shall not be reviewed or suspended by any court, civil or ecclesiastical." Shovdd any question, however, aiise before a presbytery concern- ing matters not regulated by this statute, it may be said thai from the tenor of former decisions, the presbytery 182 PRESLYTEllY, would be held to exercise proper ecclesiastical functions, and that their proceedings would be under the cognizance of the superior church courts. Notwithstanding the decla- ration referred to in the statute, it is now decided, that when a presbytery exceeds its powers under the act, or neglects to comply with its injunctions, the judgment is liable to be suspended or reduced by the Court of Session, to the effect at least of compelling the presbytery to proceed strictly in terms of the statutory enactments. There will now be given such forms as are observed in regard to the election, admission, censure, or deprivation of schoolmasters, and in the regulation of the schools over which they preside, so far as under the control of the presbytery.* I. ELECTION AND ADMISSION OF SCHOOLMASTERS. (1.) INTIMATION OF VACANCY. Whenever a vacancy occurs in the office of schoolmaster in a parochial school, " the minister of the parish shall, within fifteen days, intimate, or cause to be intimated, from the pulpit, immediately after divine service in the forenoon, the vacancy which has taken place, and communicate the knowledge of the same by letter to such heritor or heritois as may be non-resident," (43 Geo. III. cap. 54, § 14.) It does not appear that the minister is to u^e any parti- cular form of words in making these communications, but simply that he shall, \\\ih\n Jifleen days from the vacancy occurring, intimate the fact verbally from the pulpit, and by letters to the non-resident heritors. • For a very full and accurate account of parochial scliools, and of tbe laws regulating thorn, reference is made to Mr Dunlop'e Parochial Law. SCHOOLMASTERS AND SCHOOLS. 183 (2.) ELECTION OF NEW MASTERS. The next step is the election of a new master. This may be either by the heritors and minister, or, jure devolutOi by the commissioners of supply. (.3.) ELECTION BY THE HERITORS AND MINISTER. Those entitled to vote on this occasion are the minister of the parish, and all heritors who are " proprietors of lands within the {)arish, to the extent of at least L. 1 00 Scots of valued rent appearing in the land-tax books of the county." These parties must elec: within yoM/* months from the date of the vacancy, and the election must take place at a meet- inir called by the minister on thirty days' notice by public intimation from the pulpit, and by letters addressed to each heritor entitled to vote, whether resident or not. The duty of calling this (as well as all other meetings of the heritors and minister) is imposed upon the minister, and when the cure is vacant, the presbytery are directed to appoint one of their number to make the necessary intimations.* At the meeting thus called, or at any time to which it may be adjourned, the heritors and minister have each a single vote, except the preses, or, if no preses have been chosen, the largest heritor present, who has the casting vote. It there be only one qualified heritor in the parish, he is entitled to the same privilege. The heritors may vote by letter or proxy under their hand. The schoolmaster is, of course, elected by the majority of votes, and of this a minute is made out in this form. • 43 Geo. III. rap. 54, § 14 and 1.5. 184 PRESBYTERY. 159. Minute when Schoolmaster elected. Minute of meeting of the heritors and minister of the parish of A., held in terms of legal advertisements within the parish church, (or session-house, or manse, &c ,) the day of 18 , for the purpose of electing a parish schoolmaster in the room of L., de- ceased, (or resigned, or deposed.) Present, A. 13. C. and D., the said D. having a proxy to act for E. and F., all heritors qualified to vote for the election of a schoolmaster, in terms of 43 Geo. III. c. 54, by being proprietors of lands within the parish, of at least L.lOO Scots yearly rent, as appearing in the land-tax books of the county. As also the reverend G., mi- nister of the said parish. A. was unanimously chosen preses. The reverend G. stat- ed, that he had called the meeting in terms of the act of Parliament, upon a vacancy occurring in the office of parochial schoolmaster, by open jiroclamation from the pulpit on Sunday, the day of , and by cir- cular letters addressed by him to the several qualified heritors, as well resident as non-resident, on the fol- lowing day, being the statutory period of thirty free . days before this day of meeting, and that it now be- came the duty of the meeting to make the necessary election. B. then proposed X. as a proper person to fill the va- cant situation, and the nomination was seconded by the reverend G. C. proposed W. as a proper person to fill the situation, and produced and read certificates ot his education and qualifications, and the nomination was seconded by D. A vote was then taken, when there voted for X., B., the reverend G., and the preses ; and for W., C, and D. for himself and as proxy for G. and F., being three votes SCHOOLMASTERS AND SCHOOLS. Ig5 for X. and four votes for W. In respect of which vote, the meeting elected and hereby elect the said W. to the office of parochial schoolmaster in this pa- rish, if found qualified by the presbytery. This minute may either be signed by the preses in name of the meeting, or preferably by the whole persons present. Although the above form is applicable to the case of a contested election, it m.iy be remarked that this is seldom necessary, the matter being in general made the subject of previous arrangement, which will of course shorten the minute, only one candidate being proposed, and immediately declared elected. The minute when signed is delivered to the schoolmaster, in order that it may be by him laid before the presbytery of the district, as after directed. (4.) ELECTION BY THE COM.MISSIOMERS OF SUPPLY, Jure devoluto. Upon the failure of the lieritors and ministers to elect a person within four months from the occurrence of the va- cancy, the case must be taken up by the presbytery, who are authorized to apply to the commissioners of supply to elect y^rc devolulo. This application is in the form of pe- tition a>* follows, which, after being agreed to at a meeting of presbytery, will be transmitted by the clerk to the con- vener of the commissioners of supply. 160. Petition of the Commissioners oj Sup-ply to elect a Schoolmaster. Unto the Honoural)le the Convener and Commissioners of Supply for the County of , the Petition of 186 PRESBYTERY, the Moderator and remanent Members of the Presby- tery of B., Humbly sheweth, That upon the day of 18 , a vacancy oc- curred in the situation of parochial schoolmaster in the parish of A., situated within the jurisdiction of the petitioners, by the death (removal or deposition) of L., formerly schoolmaster there. That by the act of Parliament, (43 Geo. III., cap. 54,) regulating parochial schools, it is enacted, " That if the heritors, qualified as is hereby required, and minister, shall fail to elect a schoolmaster within four calendar months from the time the vacancy shall have taken place, then the presbytery, within the bounds of which the parish is situated, shall apply to the convener of the commissioners of supply of the county or stewartry, who, or any five of them, at a meeting to be called by the convener upon thirty days' notice, shall have power, jure devoluio, and are hereby directed, to elect a person to supply the vacancy ."(6) That upwards of four months have now elapsed from the date of the vacancy occurring in the said parish of B., but no election of a person qualified to supply it has yet been made by the heritors and minister of the pari>h. (a) That, in these circumstances, it is necessary for the peti- tioners to apply to your Honours tn proceed in terms of the above recited statute, to elect a proper person to supply the said vacant office of schoolmaster in the parish of A. May it therefore please your Honours t > take the premises into your consideration, and to proceed, jure devoluto, to elect a proper person to supply the said vacancy, in terms of, and conform to, the provisions of the statute above quoted. SCHOOLMASTERS AND SCHOOLS. 187 According to justice, &c. Signed for, and in name of the said presbytery, by B., Moderator. In the event of an election having been made, but the person elected found unqualified by the presbytery, insert at {a,) " The person chosen by them at their meeting having been found unqualified by the petitioners when they pro- ceeded to examine him, conform to extract from their mi- nutes herewith produced ;" and add at (b,) " And ihat it is further enacted, ' that in case the person elected is not found duly qualified, the heritors and minister shall only be allowed what remained of the four months at the time of his election, with so many days more, as required by this act.' And that this time has also now elapsed, as will be apparent from a reference to the dates, as mentioned in the said extract minute herewith produced." Upon receiving this petition, it is the duty of the convener without delay to summon a meeting of the commissioners on the statutory notice of thirty days. This meeting will make the necessary election, and furnish their presentee either with the minute of his election, or a certified extract thereof. (5.) EXAMINATION AND ADMISSION OF THE PERSON ELECTED. The schoolmaster being elected either by the heritors and minister, or by the commissioners of supply,7//reh school, particularly Latin, English, reading and grammar, geography and arithmetic, (or otherwise, as the case may be,) and being fully satisfied with the same, they required him to sign in their pre- sence the Confession of Faith and Formula of the Church of Scotland ;* and the said L. having subscrib- ed his name thereto in token of his assent to the doc- trines therein set forth, the presbytery found and hereby find him duly qualified, and did and hereby do declare him legal schoolmaster in the said parish, and entitled to the salary and school-wages attached to that office. Whereupon the said L. craved extracts of the minutes of this sederunt, in so far as they related to his examina- tion, that his admission and right to the emoluments of the office may be completed in terms oT the act of Par- liament, which were allowed, and the clerk instructed ac- cordingly. The election of the schoolmaster and his right to the emo- luments of office are thus completed. Jf, however, the per- son elected be rejected by the presbytery as deficient in the necessary qualifications, the heritors and minister will pro- ceed to a new election, but this they are required to com- plete within such a period after the decision of the presby- tery, as there remained unexpired of the four months and thirty days, at the time of their former election. If they permit this time to elapse, the presbytery apply to the com- missioners of supply, as already stated. Should the person be found unqualified, it will be well to mention specially the reason of it in the minute, whether it be his deficiency in any branch of education, defect of moral • For tbJB Formula, see " Licensing Probationers," p. 62. 190 PRESBYTERY. character, or refusal to sign the Confession of Faith. In any of these events, the minute will conclude thus. 162. Minute when Schoolmaster found unqualified. In respect of which deficiency, (or otherwise,) the presby- tery found and hereby find the said L. not to be quali- fied to fill the office to which he has been elected ; therefore refuse to admit him as such. Farther, the presbytery remit to the heritors and minister of the said parish, to proceed to elect of new a person qualified to fill the said office, and appoint the clerk of presbytery to make intimation of this decision and remit to the said minister and heritors without delay. II. CENSURE AND DEPOSITION OF SCHOOLMASTERS. The schoolmaster is, as already stated, at all times under the cognizance of the presbytery within whose bounds the pari>h lies, both as regards his moral character, and the per- formance of his duties as schoolma>ter. The presbytery cannot, however, interfere, (except to require him to sign tlie Confession of Faith and Formula as after mentioned,) e.xcept on a petition and complaint from the heritors, the minister or elders, and people of the parish. The petition may be as follows. 163. Petition and Complaint against a Schoolmaster. Unto the Reverend the Moderator and remanent Mem- bers of the Presbytery of B., The Petition and Complaint of A., Minister, and B. C. D. E. and F., Elders of the Parish of A., Humbly sheweth. That L. is schoolmaster of the said parish of A., having been appointed to that situation in the year 18 SCHOOLMASTERS AND SCHOOLS. jgi Th.'it the said L. has recently wholly neglected the duties of his office, heing frequently absent for long periods at a time, engaged in other occupations, or at least to the total neglect of his duty ; in particular, (here state spe- cific acts of dereliction of duty alleged.) That the said L. has also been guilty of several acts of a grossly immoral nature, and unbecoming his situation as paro- chial schoolmaster, in so far as, (here state specific acts.) And that the said L. has been guilty of cruel and im- proper treatment of the pupils entrusted to his care; in particular, that (here state the acts alleged.) That the said oflfences on the part of a parochial schoolmaster are of a grievous nature, and severely punishable by cen- sure, suspension, or deprivation, according to the laws and discipline of the Church of Scotland, as well as the laws of the realm, particularly the act of Parliament after mentioned. That it is enacted by the 43 Geo. III. cap. 54, § 21, *' That w hen any complaint from the heritors, minister, or elders, against the schoolmaster, charging him with neglect of duty, either from engaging in other occupa- tions, or from any other cause, or w ith immoral conduct, or cruel and improper treatment of the scholars under his chaige, shall be presented to the presbytery, they shall forthwith take cognizance of the same, serve him with a libel, if the articles alleged appear to be of a nature which re<)uires it ; and having taken the neces- sary proof, they shall acquit, or pass sentence of cen- sure, suspension, or deprivation, as shall appear to them proper upon the result of such investigation, which judgment shall be final, without appeal or review by any court, civil or ecclesiastical." That, in these circumstances, the petitioners find it ne- cessary to make this application to your Reverend Pres- bytery. May it therefore please your Reverend Presbytery, 192 PRESBYTERY. to take the premises into your consideration, and to proceed in terms of, and conform to, the provisions of the above recited act of Parliament, to serve the said L. with a libel, setting forth the above articles, and, at a subsequent diet to be fixed by your Reverend Presbytery, to which the said L. may be cited, to receive proof of the said libel, and thereafter to pronounce sentence, censuring, sus- pending, or deposing the said L. from his officj; or to do otherwise in the premises as to your Reverend Presbytery shall seem just. And your petitioners shall ever pray. Signed by the petitioners. This petition and complaint being presented to the pres- bytery, they forthwith take cognizance of the same, and if the " articles alleged appear to them to be of a nature which requires it," they serve the schoolmaster with a libel. 164. Minute of the Presbytery when Petition and Com- plaint is presented. (Place and Date.) Which day the presbytery of B. being met, &c., and duly constituted ; sederunt, &c. Compeared A., minis- ter of the parish of A., and gave in a petition and com- plaint in his own name and in name of B. C. L>. E. and F., elders, against L., schoolmaster of the said parish, which being read, was marked by the moderator and clerk, and ordered to be kept in retentis. Thereafter the presbytery having deliberately considered the said petition and complaint, did and hereby do unanimously find that the charges there set forth are of a very serious nature, and require the most solemn and deliberate in- vestigation ; and that, in these circumstances, it is the duty of the presbytery to proceed in terms of the act of Parliament quoted, to raise a libel against the said SCHOOLMASTERS AND SCHOOLS. I93 Schoolmaster. They therefore remit to the moderator, Mr J5., and the clerk, to prepare a libel against L., charging the articles alleged in the petition and com- plaint, accompanied with a list of the witnesses to be adduced against him, to be laid before the presbytery at their next meeting. The proceedings in this libel will be the same as those already noticed in the case of ministers,* p. 1 12, et scq., up to the final sentence, which may be as follows. 165. Form of Minute in case of Deposition. (Place and Date.) Which day the presbytery of B. being met and duly con- stituted ; sederunt, &c. The presbytery having had under their consideration, (as in Style 108 ;) wherefore the presbytery did, by their vote, and hereby do, depose the said L. from the office of schoolmaster in the parish of A., and declare the said office vacant from this date. The said L. being then called in, the above sentence was read over, and the presbytery did further ordain A., minister of the parish, to intimate the same the first Lord's day in the parish kirk, immediately after divine service, and ordain all concerned to proceed to have the vacancy supplied with all convenient speed. With regard to the effect of the sentence of deposition when pronounced by the presbytery, it is enacted, " That his right to the emoluments and accommodations of the same shall cease from the time of his deposition ; and in case he shall fail or refuse to remove from the school, schoolhouse, and garden, within the space of three months from the date of such sentence of deposition, the sheriff" of the shire, or Stewart of the stewartry, upon having an extract or certified • In the libel, the terms of the act 43 Geo. III., cap. ."4, should be set forth in the major proposition. N 194 PRESBYTERY. copy of the sentence of deposition by the presbytery laid before him, shall forthwith grant letters of ejection against such schoolmaster, against which no bill of suspension, or advocation, nor action of reduction, shall be competent." 166. Petition to the Sheriff to grant Warrant of Ejectment. Unto the Honourable the Sheriff or Sheriff Substitute of the Shire of C, The Petition of A., Minister, B. and C, Heritors, and E. and F., Elders of the Parish of A., Humbly sheweth, That on the day of 18 , the petitioners applied by petition and complaint to the presbytery of B. against L., parish schoolmaster. That thereafter, the presby- tery, upon consideration of said complaint, directed a libel against the said L., and after sundry procedure thereon, pronounced sentence of deposition against him upon the day of , all in terms of the act of Parliament, 43 Geo. HI., c. 54. That the said L. has refused to remove from the school, schoolhouse, and garden, although three months have since elapsed. That by the act of Parliament above mentioned, it is enacted, that, '' in case the school- master shall fail or refuse to remove from the school, schoolhouse, and garden, within the space of three months from the date of such sentence of deposition, the sheriff of the shire, or Stewart of the stewartry, upon having an extract or certified copy of the sentence of deposition by the presbytery laid before him, shall forth- with grant letters of ejection against such schoolmaster, of which no bill of suspension, or advocation, or action of reduction, shall be competent." That, in these circumstances, it is necessary for the peti- tioners to apply to your Lordship ; and they produce herewith an extract under the hands of D., clerk of pres- SCHOOLMASTERS AND SCHOOLS. 195 bytery, of the sentence, deposing the said L. in manner foresaid. May it therefore please your Lordship to take the premises into your consideration, and thereafter to grant letters of ejection against the said L., in terms of the above recited statute, in common form. According to justice, &c. Signed by the petitioners or their agent. On this petition, warrant of ejection will be granted de piano, and carried into execution as in an ordinary civil case. It only remains now to notice the procedure in matters not specially provided for by the statute 43 Geo. III., and this cannot be better done than in the words of Mr Dunlop. " Although," he states, " in regard to those matters spe- cially provided for by the 43 Geo. III., its regulations must be complied with, yet the powers of presbyteries under prior enactments, not thereby expressly interfered with, remain untouched ; and in such case, the presbytery may proceed without regard to the forms prescribed by the statute. Thus they are entitled to require all schoolmasters to appear before them, and subscribe the Formula of the Church of Scotland, and, on refusal, to depose them without any libel." This, indeed, seems to be the only case which does not fall under the statute, and it may be right, therefore, to con- clude with the form of the minute of presbytery in such a case. 167. Minute irJien Schoolmaster refuses to sign Confession of Faith. (Place and Date.) Which day tiie presbytery being met, and duly consli- 196 PRESBYTERY. tuted, &c.; sederunt, &c. The clerk reported he had, according to the appointment of the presbytery, issued warrant of citation to M., presbytery-officer, to be served on L., parochial schoolmaster in the parish of A., to attend the present meeting, and that the officer had returned an execution, of date the day of bearing that he had cited said L. in terms thereof, conform to certificate produced. And the said L. having been called in and compeared, and having heard the complaint against him, declares that he is a member of , and is not in com- munion with the Established Church of Scotland; and farther, being interrogated, he declines, and positively refuses, to subscribe the Confession of Faith and Formula of the Established Church. The above declaration having been read over to him, he admits that it is correct; but on being requested to sign it, he refuses to do so, whereupon the said L. was removed ; and the presbytery having considered his declaration. Find that there are in it good and sufficient grounds, in conformity with the laws and practice of the Church, to deprive him of the office of parochial schoolmaster in the parish of A., and therefore de- posed, and hereby depose, him from the said office; and they farther did, and hereby do, declare the situation of schoolmaster in the said parish vacant from this date. The said L. being again called, and the above sentence of the presbytery being read over to him, he protested and appealed to the synod of D., took in- struments in the clerk's hands, and craved extracts, which wore allowed.* • In the event of tbe schoolmaster refusing to obey tbis sentence, by removing from the schoolhouse, the sheriff will grant a warrant of ejection. — Vide preceding Style. SCHOOLMASTERS ANb SCHOOLS, 197 in. REGULATION OF THE SCHOOLS. It rests with the heritors* and ministers to determine the branches of education to be taught, and the rate of fees to be exacted from the scholars. These are fixed at meetings convened by the minister on thirty days' notice, in the same manner as the meeting for the schoolmaster's election, and may be altered from time to time as such meetings may ap- point, in terms of the 43 Geo. IJL, c. 54, § 18, which enacts, " That the heritors qualified, as is hereby directed, and minister, in a meeting called on thirty days' notifica- tion from the pulpit, and by letter from the minister to the non-resident heritors, and by notice to be left at the man- sion-house of each heritor resident or not, shall have the power of fixing the school fees from time to time as they shall judge expedient; and a table of such fees, signed by the preses of the meeting, shall be hung up in the school- room ; provided always, that the schoolmaster shall be ob- liged to teach such poor children of the parish as shall be recommended by the heritors and minister at any parochial meeting." The presbytery of the bounds have a general superin- tendence over the parochial schools, and are bound by se- veral acts of Assembly to visit them at least once a year, and to make a report of that visitation. These visitations and examinations have not been so regular as they should be, and in many presbyteries where they have annually taken place, no written record of them has been preserved, which is much to be regretted, for it must always be con- sidered as one of the chief excellencies of the Scottish pa- rochial system, that the schools are placed so immediately under the control of the church and her courts. • At ull meetings of those parties, the heritors may vote by proxy. 198 PRESBYTERY. When the season fixed for a presbyterial visitation in the several parishes occurs, committees of two or three mem- bers are appointed by the presbytery to visit the several schools, and to report thereon. The reports consist of an- swers to the following queries, which are transmitted to presbyteries by the General Assembly's Education Com- mittee. 1G8. Queries put to Presbyteries 07i the Stale of Schools. I PAROCHIAL SCHOOLS. 1. How many parochial schools have been this year ex- amined by presbytery, or committee of presbytery ? 2. Have any of the parochial schools within the bounds of the presbytery not been this year examined — which of them — and the reason ? 3. Number of scholars attending the parochial schools examined at the time of examination ? 4. Number of scholars then present learning branches not elementary, viz. Greek, Latin, Mathe- matics, including Mensuration, Algebra, and Naviga- tion, Geography, French, 5. Do any of these schools appear inefficiently taught, or not so well attended as they might be, — from the use of unskilful methods, the incompetency or careless- ness of the teachers, or any other cause ? 6. Are the Scriptures daily read in all these schools ? the schools opened and closed with prayer? and other means of religious instruction employed ? specifying those schools in which due attention does not appear to have been paid to religious instruction. 7. If any of the parochial teachers have been appointed during the last year, state whether they have been examined and found (jualified by presbytery ; and SCHOOLMASTERS AND SCHOOLS. I99 whether they have signed the Confession of Faith, and taken the oaths to government. , Whether assistants or substitutes are employed by any of the teachers ; on what account they are employed ; how remunerated ; by whom they are appointed ; and how their qualifications have been tried ? Whether, from any cause, any of the schools examined have been vacant during the last year, beyond the usual term of vacation ? II SCHOOLS NOT PAROCHIAL. 10. Number of schools within the presbytery bounds, supported wholly or in part by subscription, examined this year. 11. Number of schools supported wholly or in part by contribution from burgh or other public funds, examined this year. 12. Number of schools wholly or in part endowed, but not parochial ; e. g. schools supported by education societies, examined this year. 13. Number of schools on teachers' own adventure, exa- mined this year. 14. Number of schools of all kinds not parochial, within the presbytery bounds, not this year examined ; in what parishes situate ; and for what reasons not exa- mined. 15. Total number of scholars attending all the schools not parochial, this year examined, at the time of exa- mination. 16. Total number of scholars in all such schools learning branches not elementary, viz. Greek, Latin, Mathematics, including Mensuration, Algebra, and Navigation, Geography, French, 17. Do any of these schools appear inefficiently taught, 200 PRESBYTERY. from the use of unskilful methods, the incompetency or carelessness of teachers, or any other cause ? 18. Are there any of these schools in which due attention does not appear to have been paid to religious instruc- tion? 19. How many of the teachers of these schools examined do not belong to the Established Church? There is also a space left in the Schedule for General Remarks. PROCEEDINGS CONNECTED WITH PROCESSES OF ADHERENCE. By act of Parliament 1573, cap. 55, it is enacted, " That quhat sumever persone or persones, joyned in lawful matri- monie, husband or wife, divertis frae uthers' company, with- out any reasonable cause alleged or reduced before an judge, and remainis in their malicious obstinacie be the space of four zeires, and in the meantime refuses all privie admoni- tions, the husband of the wife, or the wife of the husband, for dew adherence : That then the husband, or the wife, shall call and pursue the obstinate person offender before the judge ordinary for adherence; and in case no suffi- cient causes be aUeged quhairfoir na adherence suld be, but that the sentence proceeds against the offender refusand to obey the samin : The husband or the wife sail meene themselves to the superior magistrate, viz. the Lords of Session, and sail obteine letters in the four forms, conform to the sentence of adherence, quhich charge being con- temned, and therefoir being denounced rebell and put to the borne ; then the husband or the w ife, to sute the spiritual jurisdiction and power, and require the lauchful archbishop, PROCESSES OF ADHERENCE. 201 bishop, or superintendent of the countrie quhair the offen- der remains, to direct privie admonitiones to the said offen- der, admonishing him, or her, as befoir for adherence, quhilkes admonitions gif he or she contemptuously disobeys ; that archbishop, bishop, or superintendent to direct charges to the minister of that parish quhair the offender remaines, or in case there be nane, or that the minister will not execute, to the minister of the nixt adjacent kirk thereto, quha sail proceide against the said offender with public admonitiones, and gif they be contemned, to the sentence of excommuni- cation ; quhich ance being pronounced, the malicious and obstinate defection of the partie offender to be ane sufficient cause of divorce, and the said party offender to tyne and lose their tocher and donationes propter nuptias" The injured party having, in terms of the statute, ob- tained a decree of adherence before the civil court against the offender, and having caused a charge to be given on letters of horning, (now used instead of the letters of four forms mentioned in the statute,) and the offender having been denounced rebel, and the letters duly recorded, an application is then made to the presbytery, as coming in place of the Episcopal clergy, to admonish the offender to give obedience to the decree, and failing this being done, to proceed to excommunication. If the presbytery ad- monish without effect, an action of divorce may then be raised. The course, however, now usually followed by the presbytery is to refuse the petition, upon which the com- plainer protests, that having done all in his power to com- ply with the requisites of the statute, he shall be entitled to proceed with the action of divorce, as if the presbytery had acted upon the petition in the manner prescribed. The petition to the presbytery, and their deliverance re- fusing to interfere, are as follows. 202 PRESBYTERY. 169. Petition to the Presbytery. Unto the Reverend Presbytery of A., the Petition of B. C, Humbly sheweth, That the petitioner, upon the day of last, obtained sentence and decree in an action raised at her instance before the Court of Session against D. E., her husband, decerning and ordaining him to adhere to the petitioner, his wife, her society, fellowship, and company, and to cohabit, converse with, treat, cherish, and act towards her as a married person should do to his wife, and that during their joint lives. That the peti- tioner thereafter raised letters of horning at her in- stance again-*t her said husband, which are dated and signeted the day of last, in virtue whereof she caused a messenger-at-arms, upon the day of last, charge her said husband to adhere to the petitioner, his wife, in terms of the said decree ; and the said D. E. having disobeyed the charge, he was, upon the day of last, orderly denounced rebel, and put to the horn, conform to the said decreet, letters of horning, and executions thereof, duly registered, here- with produced. That the petitioner's said husband still continues obstinately to refuse to adhere to the society, fellowship, and company of the petitioner, and the present application becomes necessary. May it therefore please the reverend presbytery to admonish the said D. E., or otherwise to direct the minister of the parish of , within which the petitioner's husband resides, to admonish him publicly, to adhere to the petitioner, his wife, in terms of the decree above set forth ; and in the event of his contemning the said admonition, to pronounce sentence of excommunication against him in terms of law ; Or otiierwise in the premises PROCESSES OF ADHERENCE. 203 to do as to the reverend presbytery shall seem meet. According to justice, &c. Signed by the petitioner or her agent. 170. Deliverance by the Presbytery. The presbytery having considered the foregoing petition, decline to interfere in the matters therein set forth, leaving it to the petitioner, if so advised, to adopt the necessary measures before the civil courts for the pro- tection of her interests. Upon this deliverance being pronounced, a protest against the proceedings of the presbytery is taken by a notary-pub- lie in name of the petitioner, and the notary takes instru- ments in the hands of the clerk of court and craves extracts. An instrument of protest is then prepared in the following terms. 171. Instrument of Protest taken by the Notary- Public. At the day of in presence of me, notary-pul)lic, and of the witnesses after named and designed, and hereto subscribing, compeared person- ally F., as procurator and attorney for and in name ?and behalf of B. C, whose power of attorney was suf- ficiently known to me, notary-public, and passed with us to the personal presence of the reverend A. B., mo- derator, the reverend C. D., clerk, and the remanent members of the presbytery of A., assembled at and then and there the said F., as procurator and attorney foresaid, in terms of the statute 1573, c. 55, presented to the said presbytery a petition in name of the said C. D., in the following terms : [The petition to be here inserted verbatim :] And the said procurator and attorney having desired and required the said pres- bytery to grant the prayer of the said petition, they 204 PRESBYTERY. were pleased to decline to interfere in the matters therein set forth ; whereupon the said procurator and attorney protested that the refusal of the presbytery to proceed in terms of the foresaid statute, as craved in the said petition, should not prevent or prejudge the said B. C. from proceeding to obtain a divorce against the said D. E., her husband, in the same manner as if the presbytery had followed the course thereby pre- scribed ; whereupon, and upon all and sundry the premises, the said procurator asked and took instruments in the hands of me, the said notary-public, subscribing ; and, at the same time, I, the said notary-public, asked and took instruments in the hands of the said clerk of said presbytery. These things were so done in open presbytery, betwixt the hours of and of the day, month, and year of our Lord respectively first above written, before and in presence of L. and M., witnesses to the premises specially called and re- quired, and hereto with me subscribing. G. H., N. P. L., Witness. M., Witness. An entry is made in the records of presbytery stating the nature of the application ; the refusal of the presbytery to interfere ; and that a notary-public, in name of the petitioner, protested, took instruments, and craved extracts. Instead of following this course, the presbytery is entitled to adopt the measures prescribed by the statute, of admonishing the offender, and, in case of obstinacy, of proceeding to ex- communication. This, however, is seldom done ; and as it is apt to lead to embarrassment and difficulty, the former method seems to be preferable. AUGMENTATION OF STIPENDS. 205 AUGMENTATION OF STIPENDS. The statute 48 Geo. III., c. 138, (30th June 1808,) enacts, that no stipends augmented after the passing of the act shall be again augmented for twenty years ; nor at any future period is a stipend to be augmented until twenty years after the date of the last decree of modification. It also provides, that all augmentations shall be in grain or victual, (unless where peculiar circumstances render it necessary to modify them in money,) according to the fiar prices of the grain or victual of which the stipend consists, as appearing from the annual fiars of the county in which the parish is situated. The highest fiar price of that county is understood, and if no fiar prices have been struck, or if the parish lies in two counties, those of two adjoining counties are to be taken. A process of augmentation, modification, and locality of stipend, may be raised at the instance either of the minister or the patron ; or the moderator of presbytery, when the charge is vacant. By act of sederunt, of date 12th November 1825, the pursuer is required to state in the summons, " as accurately as he can, the number of inhabitants, the precise extent of the parish, and other circumstances on which he founds in support of his claim." It is of course of importance to state all circumstances which are likely to induce the Court to grant a suitable augmentation, such as, that the parish in- cludes a royal burgh, or populous village, within the bounds — that it is a presbytery seat, or at a distance from schools, or where fuel or the necessaries of life are expensive, or that some public works, such as manufactories, distilleries, or coal-pits, have been erected in the parish, or any other local circumstances which may tend to increase the expense 206 PRESBYTERY. of living, or render the minister's duty greater, or to make his situation more important in the eye of the country. It is also proper to mention the amount of unexhausted teinds in the parish. The parties to l)e called as defenders in this action are the patron, titulars, and tacksmen of teinds, heritors, life- renters, and all others having, or pretending to have, an interest in the teinds of the parish, and the moderator and clerk of presbytery. By 48 Geo. III., cap. 138, and rela- tive act of sederunt, of date 5th July 1809, the following public notices are prescribed as an alternative mode of citing these parties to the action, instead of the mode of citation usually followed in civil causes. Intimation must be made by the precentor from his desk, upon three several Sundays, before the congregation is dis- missed from the forenoon's service. The first of these must be given not less than six weeks previous to the summons being called in Court, and the others upon two of the in- tervening Sundays. This must be done in presence of two of the parishioners, as witnesses, who sign the certificate of intimation along with the precentor. The following are the forms of the intimation and certificate. 172. Form of Intimation by the Precentor. Notice is hereby given that C, minister of this parish, has raised before the Court of Teinds a summons of augmentation, modification, and locality of his stipend, against the patron, titular, tacksmen of the teinds, heritors and liferenters, and all others having, or pre- tending to have, interest in the teinds of the said parish, ■which will be called in Court upon the day of next. AUGMENTATION OF STIPENDS. 207 173. Certificate hy the Precentor. I, A., precentor of the parish church of B., hereby certify, that I gave public notice from my desk, before the dis- missal of the congregation, upon three several Sun- days, viz. upon Sunday the day of ; Sun- day the day of ; and Sunday the day of , That C, minister of the said parish, had raised, (and so forth, as in the preceding Style, and then add,) Which several intimations were made in pre- sence of D. and E., both parishioners of the said parish, witnesses to the premises, specially called and required, and hereto with me subscribing. A., Precentor. D., Witness. E., Witness. A similar notice in writing is required to be affixed to the church door by a messenger-at-arms or constable, in pre- sence of two witnesses. This must be done on the same day upon which the first intimation is given by the pre- centor. It is not necessary in this case that the witnesses should be parishioners. A certificate will be given in the following form. 174. Certificate hy Messenger-at-Arms. I, A., messenger-at-arms, hereby certify, that, on the morning of Sunday the day of , I affixed to the most patent door of the parish church of M. a notice in writing, bearing that C, minister of the said parish, had raised, (and so forth, as in the preceding Style.) By the statute above-mentioned, it is enacted, that every 208 PRESBYTERY. minister insisting in a process of augmentation, shall cite the moderator and clerk of the presbytery of the bounds, and furnish them with a statement of the amount of his present stipend, and the addition to the stipend which he means to crave, in order that the presbytery, if they shall judge it proper, may appear as parties to the process ; and, by the relative act of secWrunt, of date 5th July 1809, it is further enacted, that it sha^ be sufficient citation to the mode- rator and clerk of the presbytery, that the pursuer himself shall write them in terms of the statute, provided always that such letters shall be inserted in the Presbytery Records one month before tlte summons is called in Court. It is of importance to observe, that these notices to the moderator and clerk of presbytery must be given whether the pur- suer means to avail himself of the m.ode of citation allowed by the statute or not ; and if this mode be chosen, the minister ought not only to transmit these notices in due time, but should also satisfy himself that they are duly recorded within the specified period, and receive from the clerk of presbytery such a certificate as the following. 175. Certificate by Prcsbytery-Clerh of Notice having been given. I, A., clerk of the presbytery of L., hereby certify, that upon the day of , there were inserted in the records of this presbytery two notices in writing, addressed by the reverend C, minister of the parish of M., to the moderator and clerk of this presbytery re- spectively, bearing, that he had raised, &c., (as in the first example, ivith the foUoiving addition,) and also intimating that his present stipend amounted to L. , and that he intended to crave under the said action an augmentation to the extent of L. A., Clerk of the Presbytery of L. AUGMENTATION OF STIPENDS. 209 It is farther necessary that a notice, in similar terms to those already exemplified, be inserted three several times in each of the Edinburgh Evening Courant, Caledonian Mer- cury, and Edinburgh Advertiser newspapers, the first ad- vertisement in each paper being at least six weeks before the date of calling the summons in Court. When the Crown has an interest in the process, the Ofiicers of State must be made parties to the action ; they are cited in the usual manner, but upon an inducicB of six weeks. So soon as the summons is raised, the pursuer must lodge, with the clerk of the Teind Court, a note, stating the amount of the stipend, distinguishing how much is paid in money, and how much in victual, and in what species of victual, and the measure by which it is paid, and also stat- ing the sum allowed for communion-elements. He must at the same time produce a rental of the parish, distinguish- ing the rent of each heritor as exactly as he can. By the statute above referred to, it is also enacted, that in the event of the presbytery entering no appearance in the action, the minister shall forthwith transmit to the moderator or clerk of the presbytery, a certified copy of the interlocutor pronounced by the Court ; and it shall be competent to the presbytery, within five months after such interlocutor is pronounced, to enter an appearance, and to show, if they shall see cause, that the decree of modification pronounced is collusive and prejudicial to the benefice : Provided, that if the presbytery shall enter an appearance in such process, it shall be competent to the Court to subject the minister insisting in such process in the whole, or any part, of expenses of process incurred by the presbytery. The legal terms at which stipends fall due to ministers are Whitsunday (15th May) and Michaelmas, (29th Sep- 210 PRESBYTERY. tember.) At Whitsunday, the corns are presumed to be fully sown, and at Michaelmas to be fully reaped. If the incumbent be admitted to his charge before Whitsunday, he has right to that whole year's stipend; and if he is received after Whitsunday and before Michaelmas, he is entitled to the half of that year; because, though the corns were sown before his entry, he was admitted before the term at which they were presumed to be reaped. For the same reason, if he dies or is translated before Whitsunday, he has right to no part of that year ; if before Michaelmas, to the half; and if not till after Michaelmas, to the whole. After the minister's death, his executors have right to the annat, the right which law gives to the executors of ministers of half a year's stipend, besides what is due to the minister himself for his incumbency, 1672, 13; so that if the incumbent survives Whitsunday, his executors have the half of that year for the deceased's incumbency, and the other half as annat ; if he survive Michaelmas, they have that whole year for his in- cumbency, and the half of the next in name of annat.* It need scarcely be mentioned, that as most of the stipends are payable in grain, they are not made available to the in- cumbent till the spring of the following year. The sums due by the Exchequer are paid a day or two after the terms of payment. A receipt by the minister is presented to the Auditor in Exchequer, who gives an order on the Royal Bank for the sum due, which, with the minister's receipt, qualifies him to get the amount. The receipt must be as follows. 176. Receipt for Stipeiid payable by Exchequer. (Date.) Received from the Cashier of the Royal Bank of Scotland the sum of , in full of the amount necessary for • Erslcine, b. ii. tit. 10, § 54. MISCELLANEOUS BUSINESS. 211 augmenting my stipend, as Minister of the Parish of , for the half year ended at , conform to the annexed check. MISCELLANEOUS BUSINESS. I. MINUTES. Minutes ought to commence with the statement that the meeting was constituted with prayer. Then ought to follow the names of the members present, mentioning first the moderator,* then the ministers in the order of their ordina- tion, and last, the ruling elders. After this, the proceedings in the order in which they took place, the day to which they adjourn, and conclusion with prayer. Signed by the mo- derator and clerk. t The commencement will run as follows. 177. Form of Minute ofnn ordinary Meeting of Presbytery. (Place and Date.) Which day the presbytery of A. met, and was constituted with prayer. Sederunt, Rev. A. B., moderator; C. D., F. G., and II. K., ministers; and Messrs L. M. and M. N., ruling elders. The minutes of last meeting were read, &c. • Should the minister who is moderator for the current half year be ab- sent, the chair is taken by another of the brethren, commonly the individual present who last occupied it ; but in this case, the letters P. T. must be added to the word moderator in the minute, signifying that he presides only ■pro tempore. If the regular moderator appears before the close of the sede- runt, he must take the chair, and the fact that he has done so must be re- corded. t Care ought to be taken that the day of adjournment be mentioned, as the presbytery cannot meet again for ordinary business without leave from a superior court, unless the adjournment be specially minuted. 212 PRESBYTERY. The conclusion thus — The presbytery appoint their next meeting to be held at , the day of , which having been publicly intimated, this meeting was closed with prayer. A. B., Moderator. F. G., Clerk. Besides their ordinary, presbyteries may hold pro re nata meetings. Provision is made by the Assembly's Regula- tions anent Calls, whereby the moderator is instructed to summon such a meeting, when it so happens that no ordi- nary meeting of presbytery takes place within three weeks after the presentation to a vacant charge has been lodged with him ; (see p. 78.) But a moderator may at any time call a pro re nata meeting on a requisition from the brethren to that effect, or when any matter appears to himself suffi- ciently urgent to justify such a measure. When the presby- tery assemble in this way, the first thing done is to express an opinion on the conduct of the moderator in calling them together, and in the event of their approval only, the busi- ness proceeds. 178. Form of Minute of a pro re nata Meeting of Presbytery. (Place and Date.) Which day the presbytery of A. met in consequence of a circular letter transmitted to the members by the mo- derator, the tenor whereof follows. (Here take it in.) And being constituted, sederunt, &c. It was moved, seconded, and unanimously agreed to, that the presbytery approve highly of the conduct of the moderator in calling them together on the matter stated in the circular. (The business of the meeting then follows, after which the presbytery is concluded with prayer.) The minute should be signed by the moderator and clerk. MISCELLANEOUS BUSINESS. 213 In regard to such meetings, it must be understood, 1st, That they can be called only by the individual who is mo- derator for the current half year, not by any person who may have been lately occupying the chair as moderator pro tempore. 2d, That a sufficient time must elapse between the date of the circular and the meeting called. 3d, That the business on account of which the meeting is summoned must be stated in the circular ; and, 4th, That no other busi- ness whatever can be transacted excepting that for which the presbytery are brought together. Commissions from kirk- sessions to representative elders cannot be received at such meetings. The minutes of pro re nata meetings are always read at the first ordinary meeting of presbytery thereafter, when, if any member who has been absent from such a meeting has objections to state in regard to the mode in which it was called, &c., he may have an opportunity of doing so, and even of complaining to the superior court should his ob- jections be overruled. If the presbytery approve of the minute of the pro re nata meeting, such approbation is re- corded. Besides such meetings as those now referred to, extraor- dinary meetings of presbytery can be held by the authority of a superior court; see Synod. In regard to erasures or interlineations in the minutes, act ix.. Ass. 1706, must be attended to, whereby it is *' Recommended to all the judicatories of this church, to take special care that all their registers be correctly written, and that they allow no blottings or interlinings ; and if any- thing shall happen to be blotted out as superfluous, that it be marked on the margin, how many words or lines are blotted out, and that it was done by the authority of the ju- dicatory, and that it be subscribed by the moderator and clerk; and if anything be omitted, that it be written upon the 214 PRESBYTERY. margin, and subscribed by the clerk of the judicatory." Although the act does not require it, yet it would be proper that marginal additions, as well as erasures, be signed by the moderator as well as the clerk. II. ELECTION OF COMMISSIONERS TO THE GENERAL ASSEMBLY. The representation of the several presbyteries in the Gene- ral Assembly is proportioned to the number of parishes in each. The Ass. 1694, act v., enacts, " That all presbyteries consisting of twelve parishes or under that number, shall send two ministers and one ruling elder ; and that all presbyteries consisting of eighteen parishes or under that number, but above twelve, shall send three ministers and one ruling elder ; and that all presbyteries consisting of twenty-four parishes or under that number, but above eighteen, shall send four mi- nisters and two ruling elders; and, lastly, that all presbyteries consisting of twenty-fourparishes shall send five ministers and two ruling elders to the General Assembly. And it is hereby declared, that collegiate kirks, where there used to be two or more ministers, are, so far as concerns the design of this act, understood to be so many distinct parishes." The Ass. 1712, act vi., enacts, " That each presbytery whose number doth exceed thirty ministerial charges, shall send to the General Assembly six ministers and three ruling elders." The Ass. 1835, act xix., enacts, " That in future every presbytery, the ministerial charges in which shall exceed thirty-six, shall send to the Assembly seven ministers and three ruling elders ; and every presbytery, whose ministerial charges shall exceed forty-two, shall send eight ministers and four ruling elders: And further, that in every case in which a Principal or Professor of Divinity in a university shall be entitled, in MISCELLANEOUS BUSINESS. 215 virtue of his office in such university, to a seat in the presby- tery of the bounds, (the said Principal or Professor not hold- ing at the same time a cure of souls within the presbytery,) the office of such Principal or Professor shall be held, as far as regards the number of representatives to be elected by the presbytery, to be a ministerial charge." Assistants and successors are not considered as separate ministers with reference to the ^i hove acts, for they and their principals are not both reckoned members of presbytery at the same time, the assistants being only accounted as such in the absence of his principal. It is quite competent, how- ever, for presbyteries to elect an assistant and successor as one of their representatives to the General Assembly, provided it be not the same year in which his principal is returned. By Ass. 1768, act iv., re-enacted by Ass. 1783, act x., it is required that the election of commissioners to the As- sembly by presbyteries, burghs, and universities, be made at least* forty days before the meeting of Assembly, and within a month preceding the first of these forty days, ex- cept the presbyteries in the Northern and Western Isles. And that the day of election be appointed at a meeting to be entered in their minutes, at least ten free days before such election ; and also that on the day of election, the election be made between the hours of one and eight o'clock in the evening. It is moreover enacted, That all such commissions and attestations as are not conceived and attested in the very words of the form prescribed by the above act, shall be re- jected. The forms enjoined by the said act are as folio ws.t • In the printed forms of commissions it is stated, "that the election must take place not less than fortj', and not more than seventy days, before the meeting of the Assembly." But in the General Assembly, 1833, which met on the 16th of May, the commission from the University of Edinburgh was sustained although dated on the 6th of March, seventy-one days before the meeting of the Assembly, though within a month preceding the first of the forty days ; thus showing, that " a month," as stated in the act, and not thirty days, as implied in the printed form, is the le(ial time. t By applying to the Clerk of Assembly or Agent for the Church, presby- teries, burghsj and universities, may be furnished with printed forms which 216 PRESBYTERY. 179. Form of Commission by Presbyteries. At A., the day of one thousand eight hundred and thirty years. The which day, the presbytery of A. being convened betwixt the hours of one and eight o'clock in the evening, in order to elect their representatives in the ensuing Assembly, pursuant to a resolution entered into their minutes, on the day of , did, and hereby do, nominate and appoint Mr A. B., minister at C, and Mr C. D., minister at E., and Mr F. G., ruling elder, their commissioners to the next General Assembly of this church, indicted to meet at Edinburgh, the day of May next to come, or when or where it shall happen to sit ; wiUing them to repair thereto, and to attend all the diets of the same, and there to consult, vote, and determine in all matters that come before them, to the glory of God, and the good of his church, according to the word of God, the Confession of Faith, and agreeable to the constitution of this church, as they will be answerable; and that they report their diligence therein at their return therefrom. And the said presbytery does here- by testify and declare, that all the ministers above named have signed the Formula enjoined by the 1 0th act of Assembly 1711; and the ruling elder above written has signed the Formula prescribed by the 11th act of the Assembly 1694 : And further, that the said elder is of unblemished character, circumspect in his walk, regular in giving attendance on the ordinances of Divine institution, and behaves in other respects agreeable to his office. All which the presbytery have hereby attested, on proper information. Extracted by C. D., Clerk. Lave only to be filled up. Were these always made use of, errors would be more effectually guarded against, and commissions less frequently rejected. These forms will be fourd at length in the Appendix III. MISCELLANEOUS BUSINESS. 217 180. Form, in the case of an after Election. At A., the day of years. The whicli day the presbytery of A. being convened betwixt the hours of one and eight in the evening, and (here the occasion of the new election to be narrated) did, and hereby do, nominate and appoint in his place Mr G. H., minister at K., (or, if an elder, L. M., ruling elder,) their commissioner to the next General As- sembly ; and do hereby testify and declare, (if a minis- ter,) that he hath signed the Formula enjoined by the 10th act of Assembly 1711 ; or, (if an elder,) that he is in all respects qualified in the same manner as their commissioner in whose room he is chosen, which the presbytery hereby attests, upon proper information. Extracted by C. D., Cls. 181. Attestation of Comm ission . At A., the day of 18 years. The which day the presbytery of A., having had the above extract of their commission to their representatives in the en- suing Assembly laid before them, they caused it to be read, and having revised and considered the same, they did approve thereof. Attested by A. B., Moderator. C. D., Cls. 182. Attestation of Commission from Universities.* At A., the day of 18 years. The which day the presbytery of A., having had before them a commission given by the university of to , to represent the said university in the ensuing General * In Appendix III. will be fourd a complete set of the various forms of commissions, attestations, &c., for presbyteries, burghs, and universities. 218 PRESBYTERY. Assembly of this national church, do, in terms of the 4th act of Assembly 1720, the 7th act of Assembly 1723, and the 4th act of Assembly 1724, testify and declare that the said is a minister (or an elder) lawfully ordained ; that he has signed the Formula en- joined by the 10th act of Assembly 1711 ; (or, if an elder, hath signed the Formula prescribed by the 1 1th act of Assembly 1694,) and that he is a master of the said university of . And further, that the said commissioner is every other way qualified to be a mem- ber of the Assembly according to the acts of Assem- bly. This signed by A. B., Moderator. C. D., Cls. 183. Attestation of Commission from Burghs. At A., the day of 18 years. The which day the presbytery of A., having had produced before them a commission given by the magistrates and town council of B. to C. D., to represent the said burgh in the ensuing General Assembly of this na- tional church, with an attestation of the kirk-session of said burgh, conform to the direction of the 9th act of Assembly 1718; act 4th of Assembly 1720; and act 4th of Assembly 1724 ; do, in terms of the foresaid acts, likewise testify and declare that the said C D. is an elder lawfully ordained, and that he has signed the Formula prescribed by the 1 1th act of Assembly 1694; and likewise that he is (a residenterin the said burgh,) or, (an heritor in the said burgh,) or, (an heritor in the bounds of the presbytery of A., within which the said burgh lies,) or, (has formerly resided and oflS^ciated as an elder in the said burgh,) or, (presbytery of A., within which the said burgh doth lie.) And further, that the said commissioner is every other way qualified to be a MISCELLANEOUS BUSINESS. 219 member of the Assembly, according to the acts of As- sembly. This is signed by the moderator or clerk. III. PRESBYTERIAL VISITATIONS. Presbyterial visitations, not having some particular object in view, have latterly fallen into disuse ; but as there appears to be a disposition to revive them, a few forms of minutes, &c., are here given, embracing all that is essential in con- ducting them. The presbytery is to cause intimation to be made of their appointed day for the visitation of the parish from the pul- pit, immediately after the forenoon's sermon, on Sabbath, ten days preceding the day for the visitation. 184. Form of Edict, intimating Presbytery s Visitation. At A., the day of , which day, &c. The presbytery resolved to meet at the parish church of on the day of , to hold a pres- byterial visitation of that parish, of which resolution I am instructed to give intimation ; and I do therefore summon the heritors, elders, and all concerned, to be present that day, to hear sermon, and thereafter to attend the presbytery, in order to acquaint them with the state of the kirk and congregation in every point. The following minute will show in what manner the more important proceedings of a presbyterial visitation should be conducted. If any other matters are taken up, they must be noticed at the proper place. * Vide Parilo van, book! . tit. 13. 220 PRESBYTERY. 185. Form of Minute in conducting Presbyterial Visitations. At the parish church of A., the day of , which day the presbytery of A. having met for the pur- pose of holding the visitation of the parish of A., and been duly constituted ; sederunt, &c. The congregation having convened ; Mr A. B., minister of the parish, went to the pulpit and preached from There- after compeared Mr A. B., minister; Messrs C. D.,&c., elders; and Messrs E. F., &c., heritors of the parish of A. The session records* having been produced by the clerk, Messrs G. H., &c., wereappointed a committee to examine them and report. The minute of the last visitation was read, and the recommendations then made were found to have been carried into effect, (or if any other matter arise from these inquiries, here let it be noted.) Thereafter, the Church Bible, Confession of Faith, Acts of the General Assemblies, and other papers relative to the church, were called for, and produced to the satis- faction of the presbytery ; and the committee appointed to revise the session records gave in their report, the tenor whereof follows. (Here take it in.) (Then ought to follow the result of such inquiries, as the presbytery may see fit to make into the state of reli- gion, morals, and discipline in the parish.) The minister, heritors, session, and heads of families, being present, the presbytery proceeded to inquire into the state of the Church. (Here note the information obtained regarding the fabric, seats, and seat-rents therein, and division of the same ; the church-yard- dikes — the utensils of the church, communion-cups, cloths, &c.) — THE MANSE, and the salary of the SCHOOLMASTER, SESSION-CLERK, and BEADLES. * Session records are always most effectuallj- examined wlien called up to the preshvtery. MISCELLANEOUS BUSINESS. 221 (There are various other subjects on which full informa- tion should be given to the presbytery, such as the number of times the communion is wont to be cele- brated — the manner in which the elements are pro- vided — the amount of the stipend, and how paid — the state of the poor — what mortification or legacies there may be for them, or other pious purposes — how these are secured, their interest paid and applied, &c.) After all which parties were called in, and the moderator closed the visitation with prayer. IV. REVISING OF SESSION REGISTERS. By Ass. 1700, act ix., synods and presbyteries are en- joined to be careful in revising the registers* of their infe- rior judicatories; and to appoint for this purpose a compe- tent number of the most fit and experienced ministers. If the presbytery find nothing censurable in the session-records, the following attestation is entered in them. 186. Form of Minute upon Record Revised. (Place and Date.) Which day the presbytery of A. being convened and duly constituted, &c. ; sederunt, &c. The presbytery of A. having heard the report of those appointed to revise the session-records of B., and hav- ing heard the remarks thereupon, and the said session's answers thereto ; and it having been inquired by the moderator, if any other had any complaints to make against the actings of that session, and nothing appear- * The registers which ought to be called up are, 1. minute-book of ses- sion ; 2. record of proclamation and marriages : 3. record of births and baptisms ; 4. record of burials ; 5. record of the names of communicants and male heads of families, if a separate book is kept for this purpose. 222 PRESBYTERY. ing censurable, ordered the clerk to attest this in the said session-records. C. D., Pres.-Clk. The above will also be entered in the minutes of presby- tery, as part of their proceedings. But if there be any thing truly censurable in the session-records, and in itself material, with respect to discipline, it is to be recorded as censured, both in the records of presbytery and in the at- testation.* V. SEPARATE REGISTER. By Ass. 1 744, act iv., every presbytery is enjoined to keep a separate register, in which shall be entered the names and parish churches of all the ministers then members of presbytery, or who shall thereafter be admitted into it ; with a particular account if they are married, and when ; when they were ordained or admitted to a benefice in the church of Scotland — the names of their children now alive— the day, month, and year of the birth of such as are under sixteen — the names of such as may afterwards be born — their deaths, and the deaths of ministers within their bounds. They shall also record the names of the widows of ministers residing at the time of their deaths or marriages within their bounds. These and all other facts deemed by the Trustees of the Widows'* Fund, necessary to be recorded, shall be regularly entered in the register, signed by the mode- rator, the clerk, and the minister concerned. By Ass. 1745, act iv., each minister is required duly to report to the presbytery, either by himself or by letter, any alteration • A common practice in those presbyteries which have resumed the an- cient practice of examining session-records, is to order a copy of the report of the committee who have examined these records to be transmitted to the kirk-session. The clerk states this in his attestation. MISCELLANEOUS BUSINESS. 223 which shall happen from time to time in his family, at the first diet immediately subsequent to such alteration, or as soon as he possibly can. By Ass. 1757, act iv., it is further enacted, that the separate registers be divided into as many parts as the re- spective presbyteries consist of parishes ; and that the facts respecting the ministers and vacancies of every parish be stated under its own proper head or division, marked with the name of the parish. The following will give a general idea of the manner in which such registers, according to the above acts, should be kept. 187. Form of entry in Register when a Minister is Inducted. Parish of B. That the vacancy in the church and parish of B., occa- sioned by the death of the fore-mentioned C. D., was filled up by the ordination or induction of F. G., for- merly minister of the church and parish of H., in the presbytery of K., on the day of one thousand eight hundred and ; that the fore-men- tioned F. G. was ordained minister of the church and parish of H. by the presbytery of K., on the day of one thousand eight hundred and ; that he was married to M. N. the day of , by whom he has the following children alive, P. born ) (specifying the dates of birth if under sixteen,) as appears from the separate register of the presbytery of K., is attested and signed at B., in pre- sence of the presbytery, on the day of , by F. G. Q. R., Moderator. S. T., Clerk. 188. Attestation by Presbytery of Minister's Marriage, Sfc. That the above mentioned F. G. was married to M. 224 PRESBYTERY. N., on the day of , is attested, and signed at , on the day of , by F. G. Q. R., Moderator. S. T., Clerk. That the above mentioned F. G. and M. N. had a son born on the day of , named P., is attested and signed, &c. ut supra. That A. B., daughter (or M. N., wife) of the above men- tioned F. G., died on the day of , is at- tested, &e. 189. Attestation by Presbytery of Minister's Death, ^-c. That the church and parish of B. became vacant, by the death of the fore-mentioned F. G., (or by the transla- tion of the fore-mentioned F. G. to the church and parish of ,) (or by the deposition) (or by the resig- nation of the fore-mentioned F. G.,) on the day of one thousand eight hundred and , is attested, and signed at , in presence of the pres- bytery, on the day of , by Q. R., Moderator. S. T., Clerk. VI. WIDOWS FUND. In order to enable the Trustees of the Widows' Fund to make up their annual statement, presbyteries are appointed to trans- mit their report (which consists of a return to the " Annual Lists" from the 22d November, 12 o'clock noon, of one year to the same date of the next year) to the clerk of the trustees at Edinburgh, on or before the 1st day of Febru- ary in each year. The form of these Annual Lists is here given. MISCELLANEOUS BUSINESS. 225 190. Form of the Annual Lists, and Attestation thereof respecting the Ministers Widows Fund^ which the Trustees have found necessary, in consequence of the Variations made upon the Scheme by the new Statute. The presbytery of do report to the Trustees of the Fund for a Pcovision for the Widows and Children of the Ministers of the Church of Scotland, &e. concerning the facts relative to the year of said fund, com- puted from the twenty-second day of November, twelve o'clock at noon, one thousand eight hundred and , to the twenty-second day of November, twelve o'clock at noon, one thousand eight hundred and , as fol- lows, viz. 1. List of the ministers admitted to parishes in this pres- bytery within the year, as above computed, who were before ministers of the church, or professors in a uni- versity of Scotland, — shewing as under. 1. Names of the Ministers. 2. Former Presbyteries. 3 Former Parishes. 4. Present Parishes. 5. Dates of their Admission. N.B — This list respects even such ministers as were trans- lated from one parish to another within the bounds of the same presbytery. 2. List of ministers admitted to parishes in this presby- tery within the year, as above computed, who before 226 PRESBYTERY. said admission were not ministers of the church, or professors in a university of Scotland, — shewing as under. 1. Names of the Ministers. 2. Parishes. 3. Dates of their ad- mission. 4. Age, viz. Forty years, or under. 5. Bachelors, or Married. 6. Widowers witli or without a child or children. N.B. — In this list presbyteries are to insert even such as were ordained assistants and successors to other ministers ; and to their names the letter A must be added in column I, to distinguish them from incumbents who hold Benefices. In order to ascertain the fact to be entered in column 4 of this list, the intrant must produce, at his ordination or admission, an extract of his baptism, under the hands of the minister and session-clerk of the parish where he was born ; and the date of his birth must be entered in the separate re- gister, and subscribed by him, along with the other particu- lars respecting his ordination or admission, &c. ; or, if he cannot produce, or does not choose to produce, such extract, he must subscribe a declaration in the separate register, that he was or was not forty years of age on the day of his admission. 3. List of the ordained assistants in this presbytery who, within the year as above computed, came to the enjoy- ment of their full benefices, — shewing as follows. MISCELLANEOUS BUSINESS 227 1. Names of the last in- cum- bents. 2. Names of the ordain- ed Assis- tants. 3. Parishes. 4. Causes of their com- ing to the full Bene- fice. 6. Time when. 6. Age at said time. Forty years or under. 7. Bachelors or Married. 8. Widowers with or without a child or children. N.B — In order to ascertain the fact to be entered in column 6 of this list, respecting the age of the ordained as- sistant, viz. whether forty years or not at the time of his coming to the enjoyment of his full benefice, the same rule must be followed, 7nutatis mutandis, as directed respecting column 4 of List 2. 4. List of the ministers who were translated within the year, as above computed, from this presbytery, or from one parish to another within the bounds of it, — shewing as under. i. Names of the Ministers. 2. Late Parishes. .3. Places to which they were translated, viz. 4. Time limited for their admission. Parishes. Presbyteries. 5. List of the ministers who did marry within the year, as above computed, and who, at the time of their marriage, were members of this presbytery, or did reside within the bounds of it, — shewing as follows. 228 PRESBYTERY. 1. Names of the Ministers. Present or late Parishes. 3. Presbyteries of which they are or were members. 4. Dates of their respective Marriages. 5. To an Annui- tant or not. 1 1 N. B. — If a minister shall marry an annuitant, the pres- bytery must subjoin a note to this list, mentioning the name of the annuitant, together with the designation of her for- mer husband ; and, in case any of his children shall be be- low sixteen years of age at the time of her present marriage, the date of their birth must also be mentioned. Note also, That in case a minister was a bachelor, or a widower without children, and forty years of age, at his first admission to a benefice in the church, these facts must be here attested, to ascertain the additional tax in consequence of his marriage. 6. List of the ministers who died within the year, as above computed, and who, at the time of their death, were members of this presbytery, or did reside within the bounds of it, — shewing as under. ]. Names of the Mini- sters. Late Parishes. .3. Late Presby- teries. 4. Time of their Death. 5. Names of their \\idoM's. 6. Names and ages of their children. 7. Names and Designations of Thechildrens Tutors, Cura- tors, Trustees or Husbands. The heir or heirs of the deceased Mi- nister, if he left no wi- dow or child. MISCELLANEOUS BUSINESS. 229 Note 1. If the children are above twenty-one years of age, it will be sufficient to attest this fact in column 6 ; but the day, month, and year of the birth of every child under that age, at the time of their father's death, must be particu- larly mentioned. 2. If the facts required in the first division of column 7 are not properly filled up, the trustees cannot know how, or to whom, they are to grant warrants for the sums due. And when a minister dies without leaving a widow or chil- dren, it is absolutely necessary to mention the names and designations of his heirs in the second division of column 7, that the collector may know from whom he is to demand payment of what may be resting to the fund. 7. List of the several benefices within the bounds of this presbytery which were vacant at the commencement of the year, or which became vacant during the currency of the year, as above computed, — shewing as under. 1. Names of the Parishes. 2. Names of last Incumbents. 3. Dates of the Vacancies. 4. Time when the Vacancy was intimat- ed to the Col- lector and Heritors. 5. Causes of the Vacancies. 6. Time when supplied. N. B, — -Universities are still to use the old title to column 4, viz. Time when the rates due out of vacant salaries were notified to the persons liable in the payment. 8. List of the ministers who were members of this presby- 230 PRESBYTERY. tery, or who did reside within the bounds of it, on the last day of the year, as above computed, — shewing as under. 1. Names of the Ministers. 2. Present or late Parishes. 3. Pres ent or late Presbyteries. 4. Bachelors, mar. ried, or widowers. 3. Present Schoolmattei of each Parish. N.B The names of the ministers who were members of the presbytery on the last day of the year, as above com- puted, viz. the 22d of November, twelve at noon, must be first inserted in column 1, according to the seniority of their ordination, and then the names of other ministers and pro- fessors, who having ceased to have right to their benefices or offices, did reside within the bounds of the presbytery. 9. List of the widows of ministers and professors who died within the year, as above computed, and who, at the time of their death, did reside within the bounds of this presbytery, — shewing as under. ]. Names of the Widows. 2. Relicts of 3. Late Mini- sters or Pro- fessors of 4. In the Pres. b>teries or Universities of 5. Time when the Widows died. 6. Names and ages of their late Husbands* Child- 7. Names and desig- nations of their Tutors, Curators, Trustees, or Husbands. Note 1. If any of the deceased widows shall have been married oftener than once, the children to which column 6 refers respects only the children of her last husband ; and if MISCELLANEOUS BUSINESS. 231 they are under the age of sixteen at the time of her death, the day, month, and year of their birth must be men- tioned. 2. As the widows of professors who have enjoyed offices in universities frequently reside in the country after the death of their husbands, by which means the universities to which their husbands belonged have no access to know the facts which may happen to them during their widowhood, re- specting either their marrying again, or the time of their death, &c., this and the following lists are so formed as to include such widows, as well as the widows of minis- ters. 10. List of the widows of ministers and professors who did marry within the year, as above computed, and who, at the time of their marriage, did reside within the bounds of this presbytery, — shewing as under. 1. Names of the Widows. 2. Relicts of 3. Late Mini- sters or Pro- fessors of 4. In the Pres- byteries or Universities of 5. 6. Time when the Widows To contribu- rnarricd tors, or not. again. 7. Names and ages of their former Husbands' Children. 8. Names and de- signations of their Tutors, Curators, or Trustees. 1 N.B. — The day, month, and year of the birth of the child- ren must be particularly mentioned in column 7, if they are under the age of sixteen years at the time of the widow's marriage. 1 1 . Alphabetical list of all the widows of ministers and professors who did reside within the bounds of this pres- 232 PRESBYTERY. bytery on the last day of the year, as above com- puted, — shewing as under. 1. Names of the Widows. 2. Relicts of 3. Late Mirirtersor ProfB&sors of 4. In the Presbyteries or Universities of 5. Remained Widows, or married a(;ain. Note 1 . It is requested, that presbyteries will insert the names of the widows in alphabetical order ; because, where this is neglected, much unnecessary trouble is thereby occa- sioned to the trustees. 2. Whereas the widows of several ministers and professors leave Scotland after the death of their husbands, every pres- bytery is desired to subjoin a note, under this list, of such widows as they have reason to believe are still alive, men- tioning also the places of their residence. 12. List of the children of ministers and professors now under eighteen years of age, whose fathers died without leaving a widow, residing within the bounds of this pres- bytery, on the last day of the year, as above computed. 1. Names of the Children. 2. Fathers' names. 3. Late Slinister or Professor of 4. Presbytery or University of When the report of the presbytery is prepared, the follow- ing attestation must be subjoined. MISCELLANEOUS BUSINESS. 233 The above facts relative to the year of the Fund for a Provision for the Widows and Children of the Ministers of the Church of Scotland, &c., computed from the twenty-second day of November, twelve o'clock at noon, one thousand eight hundred and , to the twenty-second day of November, twelve o'clock at noon, one thousand eight hundred and , are attested, in name, presence, and by appointment of the presbytery of , at , the day of one thousand eight hundred and , by A. B., Moderator. C. D., Clerk. To enable presbyteries and universities to make up their annual lists, the trustees direct, 1 . That the blanks in the title and attestation of the above general form must be filled up in words, and not in figures. 2. That when facts have not happened respecting any of the lists, (the 8th excepted,) the report must be conceived negatively, as follows. As to List 1. No minister was admitted to a parish in this presbytery within the year, as above quoted, who was before a minister of the church, or professor in a university of Scotland. And so on as to any other lists respecting which no facts have happened. 3. That list 8 must be inserted in every report, although the facts respecting the same remain as in the preceding year. 4. That when ministers and professors who have ceased to have right to their benefices or offices do not reside within 234 PRESBYTERY. the bounds of the presbytery or university of which they were members, it is necessary that they should procure an extract of the state of their families from the separate register of the said presbyteries or universities, and cause enter the same in the separate register of the presbytery within whose bounds they reside, and cause also enter into that register such variations respecting their families as shall happen there- after, that the presbyteries may have proper and certain data for ascertaining the facts in their reports concerning such ministers or professors. 5. That the report of each year, computed from the 22d November, twelve o'clock at noon, to the 22d November, twelve o'clock at noon, is appointed by the new statute to be transmitted to the trustees' clerk, residing at Edinburgh, on or before the first day of February yearly, under the for- feiture, in case of neglect, of L.IO sterling; with this pro- viso. That presbyteries in the Western and Northern Isles shall not be subject to the said forfeiture, in case they trans- mit their reports on or before the first day of May yearly ; but it is hoped they will not avail themselves of this in- dulgence, except where it is unavoidably necessary, as great inconvenience arises from reports being delayed beyond February. 6. That, for the better securing the more regular trans- mission of reports, the General Assembly 1745 did ordain, *' That every presbytery shall meet annually on such day, betwixt the 2 2d November and the 22d of December, as they shall respectively judge most convenient, (the presby- teries in the Western and Northern Isles excepted,) and shall at such meeting prepare and transmit their respective lists for the preceding year, to the end the trustees may be the better enabled with accuracy to carry on the scheme." 7. It is hoped and expected, that presbyteries and uni- MISCELLANEOUS BUSINESS. 235 versities will carefully observe the directions respecting the keeping of their separate registers, as contained in the " Ac- count of the rise and nature of the fund." 8. Universities are desired to give particular attention to what is, inter alia, enacted by the statute 1778, respecting the tax of L.3, 2s. payable out of every half-year's vacant salary, viz. " That all the persons concerned in payment of the va- cant salaries may be duly apprised of the aforesaid tax, the principals of universities, or their respective clerks, are here- by required, within three calendar months after these rates shall from time to time fall due, to intimate the same to the persons who are liable in the payment of the vacant salaries ; which intimation shall be made by a writing or letter de- livered to them personally, or left at their dwelling-houses, in the presence of two witnesses; and the said principals or their respective clerks are hereby further required to acquaint the general collector or receiver herein after named, of their having made such intimation, by a letter, bearing the time thereof; and if they shall neglect so to do, they shall be liable for the full expenses and damages which the fund may sus- tain through such default." " That if the principals of universities, or their respective clerks, shall neglect to intimate, from time to time, the sums that shall fall due out of vacant salaries within the time, and to the persons herein before particularly appointed, it shall and may be lawful for the said general collector or receiver to charge them with horning, for compelling payment of the damages and expenses which the fund may sustain through such default." Lastly, Presbyteries are warned, that by the new statute in 1814, it is provided, •' That as often as any portion of va- cant stipend shall occur in any parish within the bounds of any presbytery of the Church of Scotland, the moderator of such presbytery is hereby expressly required, within three 236 PRESBYTERT. months (or, if the parish be situated within the Western or Northern Isles, within six months) after the terms of Whit- sunday or Michaelmas, at which such vacant stipends shall become due, to make intimation thereof, by a writing under his hand, to the general collector of the said fund, at his office in Edinburgh, which writing shall also contain an at- tested list of the several heritors, or others by whom such stipend is payable, and of the proportions thereof payable by each of them, according to the best of the knowledge and belief of such moderator, after having used all the means in his power to procure information. And such moderator is also hereby required, within three months after such vacant stipend shall become due, to give intimation or notice in writing to the several heritors, and others by whom the same may be due, that they are required, under the authority of this act, to make payment thereof to the said general col- lector, or his deputies or factors demanding the same, on or before the first day of May immediately following. And if the moderator of any presbytery shall in any case neglect to make such information in manner herein before mentioned, such moderator, and the other members of such presbytery, shall in that event be liable, and they are hereby required, to pay and make good to the said general collector the whole of such vacant stipend at their own expense. But in such event, such moderator, and other members of the presbytery becoming liable for such payment, shall be entitled to levy, upHft, and receive such vacant stipend from the respective heritors and others by whom the same may be due, and to grant receipts for the same, and shall have the same remedies for recovery thereof as the said general collector would have had." MISCELLANEOUS BUSINESS. 237 In connection with this subject, it is deemed advisable to give the notifications which will also be found at the con- clusion of the trustees' report. " Contributors being frequently at a loss to know in what terms, and within what time, they should signify their op- tion of the annual rate to which they choose to be subject, and many mistakes having happened with respect to the cer- tificates granted to widows in order to their receiving their annuities, forms of both these deeds are subjoined, and co- pies of the report ordered to lie in the Trustees' Hall, to be given gratis to the contributors. In addition to this, it would be of essential service to in- trants, if the presbytery-clerks were to warn ministers, at the time of their induction, of the danger of omitting to in- timate their choice of a rate to the collector within the time limited by act of Parliament. [Let there be no figures, either in the notification or cer- tificates, but dates and sums expressed in "words at length.] 191. ( 1 .) Form of a Notification^ intimating a Minister s Election of the Annual Rate to which he chooses to be subject. I, , admitted, upon the day of one thousand eight hundred and years, minister of , in the presbytery of , and shire of , do hereby, in consequence of an act of the nineteenth year of the reign of his Majesty George the Third, for the better raising and securing a Fund for a Provision for the Widows and Children of the Ministers of the Church of Scotland, &c., and of another act of the fifty- fourth year of his said Majesty's reign, relating to the same subject, give notice to the Trustees under the 238 PRESBYTERY. said acts, that 1 make choice of, and do subject myself to, the yearly rate of * lawful money of Great Britain, and to the other payments consequent there- upon, in virtue of the said acts of Parliament, and this my option. And I appoint this notification to be deli- vered by any person to whose hand the same may come, at the General Collector or Receiver's Office in Edin- burgh. In witness thereof, I have written and sub- scribed these presents, at , the day of one thousand eight hundred and years. When the contributor has been an ordained assistant and successor, the notification should run thus — 191. (2.) Notification. I, , admitted, upon the day of , assist- ant and successor to Mr , late minister of , in the presbytery of , and who came to the full possession of the said benefice at the term of one thousand eight hundred and , in consequence of the death of the said Mr on the day of preceding, do hereby, in consequence, &c., (as in preceding Form.) • The four annual rates, one of which must be inserted in the above blank, are three pounds three shillings ; four pounds fourteen shillings and sixpence ; six pounds six shillings; seven pounds seventeen shillings and sixpence. N.B. — It is enacted by the statute now in force, that every minister, having a benefice in the Western and Northern Isles, must signify his election of one or other of the above annual rates, on or before the 26th January that shall first happen after he has had right to the fruits of his benefice for one year ; and every other minister, on or before the 26th of January after he has had right to his benefice for one half-year ; and every professor in any of the universities, on or before the 26th of January after he has held his office four calendar months ; and if any minister or professor neglect to do so, he shall be adjudged to have made his election of the annual rate of L.4, 14s. 6d., and shall be liable to pay the same during his life. MISCELLANEOUS BUSINESS. 239 191. (3.) Form of a Certificate to he granted to an Annuitant. At , the day of one thousand eight hundred and years. Which day, , widow of , late minister of , within the presby- tery of , presently residing within the parish of , within the presbytery of , did compear before me, , minister of the said parish of , and before us, , elders of the said parish ; and de- clared, That she has continued a widow since the death of the , her husband. We therefore hereby cer- tify, That the said is alive, and, to the best of our knowledge, has remained unmarried since the death of her saijd husband. In testimony whereof, we have subscribed this certificate, place and date foresaid. Minister. Elder. Elder. If the certificate shall be dated on the 26th of May, it must be expressed as follows : — " At , the twenty- sixth day of May, one thousand eight hundred and years, after twelve o'clock noon. Which day," &c., (as above.) When the parish where the annuitant resides is vacant, or if the incumbent is from home, she must compear before the minister of the next adjacent parish, who, together with two elders of the parish where she resides, must give her a cer- tificate in the above form, changing only the clause of her compearance thus : — " did compear before me, , minister of the parish of , the parish of being vacant, (or , the minister of the parish, being from home,) and before us, and , elders of the said parish of , and declared," &c., (as above.) 240 PRESBYTERY. It is scarcely needful to say, that the same Forms, muta- tis mutandis, must be observed with respect to Professors in Universities and their widows ; but let it be carefully re- marked, that there must be no figures, either in the notifi- cations or certificates, but every fact must be inserted in words at length. As the children of contributors now receive advantages from the New Fund, under the restrictions specified in the last act of Parliament, which are to be continued with their respective families till the youngest child in each of them shall have attained the age of eighteen complete, it is now of more importance than at any former period, that presby- teries shall attend to the accuracy with which the births of the children of contributors are inserted in their separate registers, as well as in the annual report to the trustees, which contain the attestation of the death of their parents respectively. 191. (4.) Form of a Certificate, in case of the Death of a Contributor leaving a Child or Children under Eigh- teen years of age, but no Widow. At , the day of one thousand eight hundred and , we, the minister and two elders of the parish of , do hereby certify, That , child (or children) of the deceased Mr , minister of , in the presbytery of , (or of the de- ceased , professor of in the university of ,) is now alive, and residing in this parish. In witness whereof, we have subscribed this certificate, place and date foresaid. Each contributor is entitled to a copy of the report for his own private use, which may be had upon sending to the Trustees' Hall for the same ; but the most convenient way is, for the commissioners from presbyteries and universities to the General Assembly to call at the Hall, where they MISCELLANEOUS BUSINESS. 241 will receive, upon a proper receipt, copies equal to the num- ber of ministers or professors within their respective presby- teries or universities, by which means they will be furnished with them sooner than in the ordinary course." Vll, TRANSMISSION OF OVERTURES. It is competent for any member of presbytery to move the transmission of an overture on any particular subject to a superior court. Of his intention to do so, it is usual to give notice at a previous meeting. If the overture is adopted by the presbytery, it is transmitted in the form of an extract from the minutes. The minutes may be as follows. 192. Meeting when Notice of Overture is given. Mr A. B. gave notice that he would, at next meeting of presbytery, move the transmission of an overture to the General Assembly (or synod) on the subject of 193. Meeting at which Motion is made. Agreeably to notice given at last meeting, Mr A. B. now moved that the presbytery transmit the following overture to the General Assembly (or synod.) (Here take it in.) Which motion having been seconded, the presbytery un- animously agreed to transmit the said overture. Or, (if the presbytery are not unanimous,) Which motion having been seconded, it was also moved and seconded, that this overture be not transmitted. It was agreed that the state of the vote should be trans- mit or not, and the roll being called and votes marked, it carried transmit. Whereupon the presbytery did, and Q 242 PRESBYTERY. hereby do, transmit an overture to the General Assem- bly in the above terras. The extract may be given thus. (Place and Date.) The presbytery of being duly met and constituted; Sederunt, Mr A. B,, Moderator, &c. Inter alia, (Here take in the proceedings of the second meeting, Style No. 193.) Extracted from the records of the presbytery of A. by E. F., Clerk of Presbytery. VIII. REFERENCES FROM KIRK-SESSIONS. While it is competent for kirk-sessions, and also their duty, to refer to the superior court for advice in any difficulty which may occur, there are certain cases mentioned in Form of Process, chap, vi., and already noticed at p. 19 of this work, which, by the law of the church, they are bound to refer to the presbytery. It is the usual practice of presby- teries to remit such cases to the kirk-session in which they originate, and the following is given as the form of a minute of presbytery in regard to those matters. 194. Minute in regard to a Reference from a Kirk- Session. There was laid on the table the following reference from the kirk-session of . (Here take it in.) The presbytery remit this case to the kirk-session, with in- structions to proceed therein according to the laws of the church. If the accused party or parties be summoned by the kirk-session to attend the presbytery, they will be called MISCELLANEOUS BUSINESS. 243 after the reference is read, and if they appear, they will be dealt with according to the nature of the case. If they have prev^iously made a confession before the inferior court, they will be solemnly rebuked by the moderator, after which the presbytery will remit them to the kirk-session for farther censure, and for absolution on their giving proper signs of repentance. If they have not previously acknowledged guilt, t'ley will be dealt with by the presbytery in order to confession, and if they still persist in a denial, the presbj'- tery will remit the case to the kirk-session for probation, in- structing them, however, after probation has been led, again to bring the matter before the presbytery. It is quite unnecessary to give any forms for such cases, the method of procedure being so very obvious. IX. COMPLAINTS AND APPEALS FROM KIRK-SESSIONS. As formerly stated at p. 25, any member of a kirk-session has a right to complain to the presbytery if he disapproves of the session's judgment ; and a party, if he considers him- self aggrieved by the sentence of the inferior court, may appeal. When a complaint or appeal is brought up, the presby- tery, in the first place, orders the extract minutes of session to be read. If the complaint or appeal is found competent, parties are then called, and their compearances recorded, after which the presbytery proceed to hear them in the fol- lowing order — First, the complainer or appellant, by himself or counsel, the appellant taking the precedence of the com- plainer, if there be both an appeal and complaint in the cause. Next, the kirk-session are heard in defence of their sentence, and afterwards the complainer or appellant in reply. Parties are then removed, the court deliberates, and, after judgment, parties are again called, and sentence intimated. 244 PRESBYTERY. 195. Form of Minute when Appeal is brought up. Compeared A. B., who gave in extract minutes of the kirk-session of C, in regard to his appeal against sen- tence of the said kirk-session, of date ; which extracts having been read, parties were called, when there appeared A. B. for himself, D., moderator, and E. and F., members of the kirk-session of C. A. B. was then heard in support of his appeal, D. in defence of the sentence of the kirk-session, and the said A. B. in reply. Parties being removed, the presbytery (here give the judgment.) Parties were then called in, and sentence intimated. X. DISSENTS, COMPLAINTS, AND APPEALS. As what is stated on this subject under the division " Kirk- Session" applies particularly to presbyteries, it is con- sidered unnecessary to do more than refer to that part of the work ; vide pp. 25, 26. XI. OVERTURES TRANSMITTED BY THE ASSEMBLY- In terms of the Barrier Act,' no new law can be enacted by the General Assembly, nor can an existing one be re- scinded, without the consent of a majority of presbyteries. With the view, therefore, of obtaining the mind of the church on any general measure approven by a majority of the su- preme court, the Assembly transmit an overture on the sub- ject to the several presbyteries, who are instructed to con- • See Appendix, No. I V. MISCELLANEOUS BUSINESS. 245 sider the same, and send up their opinions thereon to the next General Assembly. It is of the greatest importance that presbyteries punc- tually attend to this instruction of the Assembly ; and, as by delaying the consideration of the overtures transmitted to them until it be near to the time of the Assembly's meeting, they are prevented from doing full justice to the subject, or perhaps from sending up any opinion at all, it is believed that the object of the Assembly will be most speedily ac- complished, and the good of the church most effectually attained, by presbyteries taking up such overtures as soon as possible after they receive the printed acts in vi'hich they are contained ; and, in those cases where the presbytery is large, or the overtures numerous, by appointing a committee, or committees, whose business it shall be to give them a full consideration, and to report in sufficient time to enable the presbytery to come to a deliberate judgment in the matter, that the same may be transmitted to the Assembly. It ought to be understood, that those presbyteries only who approve of an overture simpliciter, are reckoned by the Assembly among the number favourable to the measure being passed into a law of the church. 246 SYNOD- SYNOD. Provincial Synods are composed of the members of the several presbyteries within the bounds prescribed to them by the General Assembly ; and neighbouring synods, i. e. those whose boundaries are contiguous, have the power of sending each a minister and ruling elder, as corresponding members. Thus, the synods of Fife, Perth and Stirling, Glasgow and Ayr, and Merse and Teviotdale, correspond with the synod of Lothian and Tweeddale.* The synod is the intermediate court between the presbytery and General Assembly, and, unless express instructions to that effect be given in any case by the Assembly, or it should so happen that there be no intervening meeting of synod, no business can be brought from the presbytery direct to the General Assembly. It belongs to synods to hear and judge of all overtures, references, complaints, and appeals brought up from the inferior court, and generally to review the conduct of that court, by examining the minutes of its proceedings, and otherwise. And as it is competent for a presbytery, so also for a synod, to transmit an overture on any subject to the supreme court. I. COMMISSIONS, &c. 196. Form of a Commission to Corresponding Members. At , the day of one thousand eight hundred » The time? and places of meeting of the various synods will be found at pp. 54 and 55. COMMISSIONS, &c. 247 and . Which day and place the synod of having met and been constituted, did, and hereby do, nominate and appoint the Reverend A. B., minister at C, and C. D., ruling elder, their commissioners to correspond with the reverend synod of at its ensuinor meeting^. Willing them to repair in due time thereto, attend the several diets thereof, and consult, vote, and determine in all matters that shall come before the said synod, to the glory of God, and for the good of the church, according to the word of God, the Confession of Faith, and acts and constitution of this church ; and that at next meeting of this synod, they report or certify that they have fulfilled this appointment. Extracted from the records of the synod of by G. H., Synod-Clerk. Upon the production of this commission, the names of the corresponding members are added to the roll of the synod to which they are sent. The following certificate of their attendance may be procured, if considered necessary. 197. Certificate of Attendance. That the Reverend A. B., minister at C, and C. D., correspondents from the reverend the synod of , did, in terms of their commission, attend the synod of on the days of , as corresponding members thereof, is attested by G. H., Synod-Clerk. II. PETITIONS TO COMMITTEES, &C. At the first meeting of each synod a committee is ap- 248 SYNOD. pointed, consisting generally of all the members present, for the purpose of receiving all petitions for the transmission of bills, overtures, references, and appeals, and considering the same. Petitions for transmission of business are made to this committee according to the following forms. 198. Petition to Committee for the Transmission of an Overture* Unto the Committee on Overtures, &c., appointed by the Synod of , The Petition of A. B., Minister of C, Humbly sheweth, That your petitioner herewith presents an overture re- garding {state the subject^ which he prays the commit- tee to transmit to the synod for consideration. May it therefore please the committee to transmit the said overture accordingly. According to justice, &c. A. B. 199. Petition to Committee for Transmission of an Appeal. Unto the Committee appointed by the Reverend the Synod of , for Bills, References, Appeals, &c.. The Petition of A. B., Minister of C, Humbly sheweth, That your petitioner having found it necessary to appeal from a sentence pronounced by the presbytery of » and having lodged his reasons in due time with the clerk of that court, now lays on your table a copy of the said reasons, together with extracts of the minutes of the proceedings to which they refer, in order that they may be transmitted to the synod for their con- sideration. • It is believeri tbat the general practice of this committee is to receive ovoitiires without any accompanjinp petition. PRESBYTP:ilY RECORDS. 249 May it therefore please the committee to transmit the said papers according-ly. According to justice, &c. A. B. Complaints and references must likewise be given in by petition, for the form of which the foregoing Style will be a sufficient ^uide. 200. Report of the Committee on Bills, Overtures, 8fc. The committee having met, and been duly constituted with prayer, by the Reverend in the chair ; the following overtures were laid before the committee, all which having been examined, the committee agree to transmit the same to the synod, viz. : — The following appeals (or complaints, or references) were given in, and these the committee also agree to trans- mit, viz. (or otherwise, as the case may be.) K. L., Convener. Should the committee refuse to transmit any papers, it is competent for the party to appeal to the synod. III. PRESBYTERY RECORDS. The duty of revising presbytery records* is likewise per- foriped by a committee or committees. After examining these records they report their proceedings to the synod, who thereupon attest the books, if found correct, or direct them to be corrected if any thing is amiss. The following form of an attestation is given in Ass. 1700, act ix., which may be varied according to the circumstances of each case. • The records which ought to be brought up to the synod are the Minute- nook of Presb}tery, and the Separate Rtpister. 250 SYNOD. 201. Minute of Synod on Revising Presbytery Records. At , the day of , the provincial synod oi' having heard the report of those appointed to revise the presbytery books of C, and having heard their remarks thereupon, and the said presbytery's answers thereto, and it having been inquired by the moderator, if any others had any complaints to make against the actings of the said presbytery, and nothing appearing censurable, ordered the clerk to attest this in their presbytery book. If any defects are found in the presbytery's books, this report must be varied to meet the case, of which the fol- lowing may serve as an example. 202. Minute appointhig Errors to be Corrected. Having heard the report of the committee, bearing that, (here state the circumstances referred to in the report,) did, and hereby do, appoint the presbytery to supply those deficiencies, and make those corrections accord- ingly, so far as it is now practicable to do so, and with these instructions the book is ordered to be attested. Extracted by G. H., Synod-Clerk. A very simple way, and common in some synods, is to order the presbytery book to be attested, with the remarks made by the committee. In addition to the revisal of their record, it is the duty of synods to examine presbyteries generally as to their method of conducting business, and on the manner in which they fulfil the appointments of the superior courts, and discharge the various duties incumbent on them. This examination used to be called the " Trial of Pre.sbyteries." In regard REPORT REGARDING STUDENTS. 251 to the particular subjects on which it is the business of the synod to inquire, they are such as the General Assembly enjoins the visitors of synod books to advert to, act iv., Ass. 1713, which instructions will be found under the head " General Assembly — Synod Records." IV. JUDGMKNT ON REPOUT REGARDING STUDENTS. By Ass. 1813, act viii., regarding the licensing of proba- tioners, it is enacted, " That if the presbytery to which ap- plication for licence is made shall be of opinion that the student is duly qualified in the several particulars therein specified,- they shall record this oj)inion in their minutes, and order their clerk to write letters to the several presbyteries within the bounds of the provincial synod, two calendar months at least before the meeting of the same, informing them of the presbytery's intention to take the student upon public trials ; and bearing that the certificate or certificates in his favour, which are required by this act, have been re- gularly laid before them. That if a presbytery propose to take a student upon public trials, and have with that view written the circular letters, as is herein required, public in- timation thereof shall be made at some diet of the next meeting of the provincial synod, which shall not be the last diet thereof; and the presbytery-clerk is hereby required to transmit to the synod-clerk an extract of the certificate or certificates laid before the presbytery in favour of the student, in order that the same may be produced at this diet of the synod. Likewise ordained, that at some subsequent diet of the synod, particular inquiry be made whether any of the members of the court has any objection to oifer against the student being entered upon public trials ; and that the synod then taking into consideration the extract produced, and the whole of the case, shall judge of the expediency of allowing the presbytery to admit the student on trials." 252 SYNOD. The particulars specified in this act having been com- plied with, the judgment of the synod will be given in the following terms. 203. Minute allowing Student to be taken on Trials. The synod resumed consideration of the extracts relative to Mr A. B., student of divinity, . mentioned in the minutes of the diet ; and particular inquiry hav- ing been made whether any member of court had any objection to state against him, none was brought for- ward. Whereupon the synod considering the certifi- cates, the report of the presbyteries regarding the due receipt of the requisite circulars, and all the circum- stances of this case, did, and hereby do, allow the said Mr A. B. to be admitted on public trials for licence by the presbytery of C, in conformity with the 8th act of Assembly, 1813, respecting the licensing of pro- bationers. The synod clerk will give an extract of the above deliver- ance to the presbytery before whom the student of divinity is to be tried, or, according to the practice of some synods, he may simply indorse the extract minutes of presbytery as follows, returning the extract to the presbytery-clerk : — *' The synod of authorise the presbytery of to proceed with the public probationary trial of Mr A. B., student in divinity." C. D., Syn.-Clk. It is competent for a presbytery to crave leave to hold a meeting during the synod's sittings, and competent for the synod to grant it. The request may be made by petition, or verbally by the moderator of the presbytery. OVERTURES, &c 253 V. OVERTURES, COMPLAINTS, APPEALS, AND REFERENCES. The synod proceed to consider the different overtures, &c., transmitted through the committee in the order they find convenient. Some member of synod is heard in support of the over- ture introduced, and by him generally a motion is made in regard to its transmission to the Assembly, or the disposal of it otherwise as the case may be ; which motion, if seconded, is discussed by the Court, and then adopted or rejected as they see fit. In regard to causes, (complaints, &c.,) they are brought up and disposed of in a manner precisely similar to what takes place in presbyteries and the General Assembly, and there is, therefore, no need for repeating the form in this place. It is always understood that a reference from an inferior court brings up all the parties in the case. VI. COMPLAINTS AND APPEALS TO GENERAL ASSEMBLY. The same privilege belonging to members of presbyteries and kirk-sessions, of complaining against the sentences of their respective courts, belongs also to the members of synod ; and parties have it in their power to appeal from the synod's judgment to the General Assembly, by whom the cause " beand decyded, taks end as they decern and declare." On this subject reference is again made to pp. 25, 26, of this work. 254 SYNOD. VII. MINUTES. The following form of the minutes of the first, and conclu- sion of the last, sederunt of synod, may afford a specimen of the mode in which these are to be framed, the statements being always of course suited to the particular circum- stances occurring in each case. 204. Minute of first Diet of Synod. At B.. the day of one thousand eight hun- dred and . The provincial synod of A. met at B., after sermon in by the Rev. A. B. of C, their moderator, on this text. After prayer by the said A. B., the clerk produced the following roll of all the ministers having parishes within the bounds of this synod. (Here take it in.) The roll having been called, and the elders present having produced their commissions from their respective ses- sions, the following sat down as members of court. (Here take in sederunt.) Correspondents from the neighbouring synods having been called, there was produced a commission from the synod of D., in favour of the Rev. E. F., mini- ster of G., and H. K., ruling elder, which having been read and sustained, the names of these commissioners were added to the roll as corresponding members, and E. F. being present, took his place accordingly. The synod proceeded to elect a moderator for the ensu- ing half year, when a leet having been made, the roll called, and votes marked, the Rev. L. M. was chosen, and took the chair accordingly, (or, after "chosen," but as he was not present, the former moderator was continued in the chair.) MINUTES. 255 The records and separate registers of the several presby- teries having been called for, the following were given in, (here mention them,) when A., B., C, and D. were appointed a committee, &c. The following members were then appointed a commit- tee for bills, overtures, references, and appeals, five to be a quorum, three being ministers, viz. (here take in the names.) The synod appoint this committee to meet in at There were produced and read extracts from the records of the presbytery of A,, including copies of certificates from the Rev. A. B., professor of , in favour of C. D., student of divinity, whom the said presbytery propose to take on public trials for licence as a proba- tioner. The receipt of the necessary circulars an- nouncing tJiis resolution having been acknowledged by the presbyteries present, the extracts were ordered to lie on the table till a subsequent diet. The moderator of the presbytery of A. having requested leave for the said presbytery to meet during the inter- val between this and next sederunt, the synod granted said request, and appointed the presbytery of A. to meet in , at o'clock, whereof public notice was given. The synod then adjourned to meet in , at o'clock, whereof public intimation having been made, this sederunt was closed with prayer. 205. Minute of Conclusion of last Sederunt. The synod having called on the correspondents appointed at last meeting, to report diligence, Messrs and gave in a certificate of their attendance at the synod of . The synod sustain the excuse of , who was unable to attend the synod of 256 SYNOD. The following correspondents were then appointed, viz. to the synod of , Mr at , and , ruling elder, &c., &c.* The following members were appointed a committee to revise all the minutes of this synod, and were instructed to meet at the close of this sederunt, viz. The synod then adjourned to , whereof public in- timation having been made, this sederunt was closed with prayer. The scroll minutes of synod should be signed by the moderator and clerk so soon as revised, and when engrossed in the record, they must also be signed by these officials. • It is not to be understood that the appointment of correspondents, &c., is necessarily the last business transacted by synods before the close of their sederunts. GENERAL ASSEMBLY. 257 GENERAL ASSEMBLY. The General Assembly is the highest Ecclesiastical Court in Scotland. It meets annually in Edinburgh, in the month of May, on the first Thursday after the 15th, and continues to sit from Thursday to the Monday se'ennight. It is not necessarily limited to ten sederunt days, but it may prolong its sittings to whatever length of time business re- quires. It is composed of representatives from Presbyteries, Royal Burghs, Universities, the Scottish Church in India and at Campvere. There are sixteen Synods, eighty-two Presbyteries, and upwards of one thousand and fifty Minis- ters,* in the Church of Scotland. • See " Alphabetical List of the Clergi/ of the Kirk of Scotland," &c. In 1835, the ministers of regular parishes are there stated at - 945 And of Parliamentary churches, - . . . 42 And of what were formerly Chapels of Ease, - - 63 1050 The word " Clergy" is unpresbyterian. The doctrine of the Church of Scotland is, that ministers, as such, do not form a separate or- der in the state. Such terms as clergi/ and /«//-elders are unknown in Acts of Assembly, being inconsistent with the declaration of the Second Book of Discipline — "the elderschip is a spirituall function as is the ministrie." James Melville writes, " He (Adamson) distin- guishes between the clergy and the laicks. This smelleth of papistry and arrogancy of the shavelings." " Before we come to speak of those elders of which our purpose is to treat, it is fit we should call them by their right name, lest we nickname them and miscall them. Some reproachfuHv, and others ignoraiitly, call them lay-elders. But the distinction of the clergy and laity is popish and antichristian ; and they who have narrowly considered the records of ancient times, have mtted this distinction as one of the grounds R 258 GENERAL ASSEMBLY. The Court, in 1835, was composed of, Ministers, _ _ _ _ 202 Presbytery- Elders, - - 90 Burgh- Iders, _ - - - 67 Universities, - _ - 5 Churches in India, - - - 2 Church of Campvere, _ _ _ 366 By the admission of the parliamentary and chapel minis- ters, — the erection of new parishes, — and the division of the presbyteries of Paisley, Dunkeld, and Kintyre, several additional members — ministers and elders — have since 1833 been added to the General Assembly, and almost every year some addition is made, by the erection of new churches, raising presbyteries to a class returning a greater number of representatives. The commissions of members may be given in to the clerk, either before the opening of the Assembly, or during its sittings ; but it would be of great advantage were they given in to the clerk a few days before the Assembly meets, that the rolls may be timeously made up. " On the day appointed for the meeting of Assembly, a sermon is preached by the moderator of the last Assembly, who intimates, at the conclusion of public worship, that the whence the mystery of iniquity had the beginning of it. Tiie name of clergy, appropriate to ministers, is full of pride and vain-glory, and hath made the people of God to be despised, as if they weie profane and unclean in com- parison of their ministers. "--An Assertion of the Omernment of the Church of Scotland in the points of Ruling- Eiders, and of the authority of Presby- teries and Synods, by G. Gillespie. Edinburgh, lCi41. • Report of Committee of Assembly on the Eldership, 1835. COMMITTEES. 259 supreme ecclesiastical judicatory is about to sit, and after- wards opens its meeting by prayer. The clerks read the roll of members which they have prepared, and one of the ministers upon that roll is chosen moderator."* The Lord High Commissioner, appointed to represent the Royal Per- son in the General Assembly, then presents his commission and the letter from the Sovereign, which, after permission, is obtained, are read by the clerk of Assembly, and ordered to be recorded. The Commissioner next addresses the As- sembly from the throne ; and the moderator, in their name, replies to the speech of his Grace. I. COMMITTEES. Several committees are appointed after the moderator is chosen ; one to answer the King's letter, and another for re- vising commissions, " censuring absents from the diets of Assembly, naming ministers to preach before his Grace the Commissioner, and receiving lists of probationers in the se- veral presbyteries." At the same diet, committees are named for bills and overtures, and for deciding on all commissions objected to in the revising committee, and all appeals or complaints touchingthe election of members. The committeefor bills and overtures generally meet that evening and Friday morning. They meet on any other day when there is business to come before them; but these subsequent meetings are by the spe- cial appointment of the Assembly, and the house has always been reluctant to give any indulgence to parties desiring to transmit papers to the Assembly after the first Saturday of their sittings. In regard to all papers connected with private causes, Acts vii., Ass. 1718, and v., Ass. 1819, are very express. By • Dr Hill's Practice in Church Courts, \>. 8». 260 GENERAL ASSEMBLY. the latter of these, the Assembly " appoint and ordain all re- ferences, appeals, and complaints, to be lodged in the clerk's hands, on or before the second or third days of the Assembly's meetings, that thereby they may timeously have a view of all their work, and may be able to judge what things are of the greatest weight, and are necessary to be despatched by them- selves, if they cannot overtake the whole ; with certification, that all appeals or complaints not lodged in the clerk's hands within the time foresaid shall be held as deserted and fallen from, and shall not thereafter be received, unless upon the first opportunity, the parties concerned make it appear to the Assembly that insuperable difficulties did withhold them from lodging the same in manner above set down." The Committee of Overtures consider nothing but over- tures, and these are brought before them by members of the committee, and not by petition, as cases are brought before the committee of bills. The meetings are constituted and con- cluded with prayer. There is no limitation of the number of overtures which a member of committee may bring be- fore them. It sometimes happens that members lay before the committee overtures similar to those given in by their presbytery or synod, thus giving an appearance of a much greater number of courts or individuals desiring a change than there really are. If a presbytery overtures, it seems irregular for a member of that presbytery to overture in the same terms, on the same subject. Synods, Presbyteries, and individual members of Assembly, may overture that court. It is not customary for kirk-sessions to do so, nor for members of the church generally ; and there is no case on record of a burgh or university overturing the Assem- bly. The Committee of Bills meet on the same days, and ge- nerally at the same time, as the Committee of Overtures. After being constituted with prayer and a chairman chosen, they take into consideration the various references, appeals, complaints, petitions, &c., which are laid before them, and it COMMITTEES. 261 is through this committee only that papers can in any case be brought under the cognizance of the Assembly. The mode of laying papers before ihem is by petition. 206. Petition to Committee of Bills by an Appellant. Unto the Reverend and Honourable the Committee of Bills of the Venerable the General Assembly of the Church of Scotland, The Petition of Mr A. B., Presentee to the Church and Parish of C, Presbytery of D., Humbly sheweth, That your petitioner herewith produces the following pa- pers, relative to his protest and appeal against a deci- sion of the presbytery of D., on the day of last, regarding his presentation to the said church and parish, and of the synod of L., on the day of , affirming said sentence. 1. Certified copy minutes of the presbytery of D. rela- tive to the steps taken to fill up the vacancy in said parish. 2. Certified copy alleged roll of male heads of families in said parish. 3. Certified copy call to the petitioner from said parish. 4. Certified copy mandate from E. F., Esq., of G. 5. Extract minutes of the synod of L. in the petitioner's case. Which papers the petitioner humbly craves the com- mittee to transmit to the venerable the General As- sembly. According to justice, &c. This is signed by the petitioner or his counsel or agent. 262 gp:neral assembly. 207. Petition to the Committee of Bills by a Respondent. Unto the Reverend the Committee of JJills of the Ve- nerable the General Assembly of the Church of Scotland, The Petition of the Rev. A. B., Presentee to the Church and Parish of C, Presbytery of H., Humbly sheweth, That your petitioner herewith produces the following writs along with his case, relative to his presentation to the church of C, presbytery of H., which he is under the necessity of laying before the venerable the General Assembly, on account of a protest and appeal at the instance of certain parishioners of D., and a dissent and complaint at the instance of the Rev. F. G., complain- ing of a decision by the synod of G., in favour of your petitioner. 1. Extract from the records of synod of G., relative to the case of C, dated the day of 18 . 2. Extract proceedings of the presbytery of H. relative to the above case, of various dates. Your petitioner humbly moves the committee of bills to pass the same in the usual form. And your petitioner shall ever pray. This is signed by the petitioner or his counsel or agent. These petitions are signed either by the parties themselves or by their counsel or agent in their names. If the com- mittee agree to transmit the papers to the Assembly, the word " Transmit" is written on them by the clerk of the committee; but, if tliey refuse to transmit them, an appeal to the Assembly is competent to the party feeling himself aggrieved. A minute of the proceedings is taken and sub- mitted to the Assembly next day in the foi'm of a report. The committee close their proceedings with prayer. RECORDS, &c 263 The reports of the committees on bills and overtures are referred to a committee for the arrangement of the business of the Assembly, appointed at its first diet. In terms of the report of the committee on the form of process, the Assembly now are in use to refer all commis- sions which the committee for levising commissions refuse to pass, and ail complaints and appeals touching the election of commissioners, to a select committee, consisting of the moderator, the ex-moderator, the clerks when members of the house, and the procurator, with so many members chosen by the house as is required to make up the number to nine, to whom, in cases of complaints or appeals, each party add a nominee. The appointment of this committee was first made in 1836, when it was adopted with some hesitation. It was agreed, that, before establishing it perm.anently, it should be tried for that year, with a right of appeal to the parties. The trial was made, and no appeals were taken. Last year (1837) a committee was again appointed. II. SYNOD AND COMMISSION RECORDS, &C. There are various acts requiring synod-clerks to bring up the books of their respective courts to the General Assem- bly. By act sess. 3, July 29, 1642, " The Assembly in one voyce ordaines, That the books of every provincial assem- bly shall be brought and produced to every General Assem- bly ; and, that this may be performed, ordaines that every clerk of the provincials either bring or send the said books yearly to the General Assemblies, by the commissioners sent to the assemblies from these presbyteries where the clerks reside. Which charge the Assembly also layes upon the said commissioners, sent from the said presbyteries where the clerks reside, ay and while some meanes be provided, whereby the clerks' charges may be sustained for coming with the said books themselves, and that under the pain of depriva- tion of the clerk, in case of his neglect, and of such censure 264 GENERAL ASSEMBLY. of the saids commissioners, in case of their neglect, as the Assembly shall think convenient." By act xi., Ass. 1698, " Synod books are appointed to be timeously produced to the General Assembly yearly, in order to their being revised." Punctuality in sending up synod books is likewise strict- ly enjoined by Ass. 1702, act iii. ; and 1792, act vii. On Saturday, the third day of their meeting, the Assem- bly appoint examinators, called " visitors" of the synod books. These examinators are commonly two ministers and one elder, and there are generally as many committees appointed as there are books to be revised. The duty of the visitors is given in act iv.. Ass. 1713. The Genera! Assembly thereby appointed " that the follow- ing roll or list of the said matters be put in the hands of the revisers of synod books at each Assembly for their direction and assistance in visiting the said books. And the Assem- bly do appoint the said visitors in their going through the said synod books carefully to advert, 1. "If the advices marked in the former attestations of the synod books be observed. 2. " If the synod books be completely filled up and signed by the moderator and clerk, as is enjoined by the 11th act of the General Assembly 1698, and be produced yearly, ac- cording to the 3d act of the General Assembly 1702, 3. " If the synod's proceedings be agreeable to the con- stitutions of this church, and acts of the General Assembly, and if the register be correctly written and spelled without contractions ; and when there is anything written on the mar- gin which should have been in the body, if it be signed by the clerk ; and where words are blotted out as superfluous, if it be marked on the margin how many words or lines are blot- ted out, and that it was done by authority, and if the said marginal writing be signed by the moderator and clerk ; and also observe if there be any blottings or interlin- ings in the register. See act ix., General Assembly 1706. RECORDS, &c. 265 4. "If synods do call their presbyteries to an account as to their care about ministers reading and expounding a large portion of scripture in their congregations every Lord's day, according to the 9th act of the General Assembly 1694, 5th act of Assembly 1704, and 10th act of General Assembly 1 706 ; and as to their preaching Catechetical Doctrine, ac- cording to the 18th act General Assembly 1695. 5. " If care be taken that the Sacrament of the Lord's Supper be administered in each parish at least once every year, and where any ministers neglect the same, if they be called to an account, and if their excuses be either approv- en or disapproven, as is enjoined by the 11th act Gen- eral Assembly 1712. 6. " If synods enquire concerning presbyteries holding parochial visitations, and ministers visiting of families, ac- cording to act 16th General Assembly 1706. The buy- ing and reading of the acts and overtures of the General Assembly, according to the 16th act General Assembly 1700, and 18th act General Assembly 1705, and con- cerning their diligence in observing the acts against pro- fanity, particularly the 7th act General Assembly 1699, and enquire after mortifications for pious uses, as enjoined by the 22d act General Assembly 1 700. 7. " If synods call their presbyteries to account as to the pains they take to get a school settled in every parish, and provided with a sufficient master, and maintenance according to law, and take care that the school be visited conform to the 5th act General Assembly 1705, and 5th act General Assembly 1 707. And if presbyteries contribute for bursars having Irish, according to the 13th act General Assembly 1706. And if the synod's advice be taken anent licensing probationers according to the 10th act Assembly 1711. 8. " If synods enquire at presbyteries concerning the en- crease and decrease of Popery and other errors, and the pains taken to reclaim erroneous persons. See act 8th, General Assembly 1707, &c. 266 GENERAL ASSEMBLY. 9. " If synods take care to have the acts of the General Assembly, particularly the 5th act of the late Assembly, concerning a contribution for promoting Christian know- ledge, observed, and if the account of their diligence in these matters be recorded, conform to the 11th act General As- sembly 1710, &c. 10. " U presbytery books be punctually produced, re- vised, and attested, and if presbyteries undergo their privy censures every synod, and if there be a roll made up of mat- ters recommended by the General Assembly to synods, and if the said roll be recorded, and a copy thereof given to visi- tors, according to the 18th act General Assembly 1712. 11. " That the visitors of synod books communicate all their remarks on these books to some of the synod, and hear them thereupon, before they bring in the same to the General Assembly, as has been frequently enjoined by former As- semblies. If the visitors report that every thing is correct, an attes- tation is written out at the end of the last minute, and is re- corded and signed by one of the clerks of Assembly. 208. Attestation of Synod Books. The General Assembly having heard the report from the Rev. A. B., and C. D., and Mr E. F., the visitors ap- pointed to revise the books of the synod of G., and having heard their remarks thereon, and the said synod's answer thereto, and it having been inquired by the mo- derator if any other had any complaints to make against the actings of the said synod, and nothing appearing censurable, ordered their clerk to attest this in the synod books, to approve of and express their satisfaction with the same. If there are any irregularities, such as are noticed in the directions, the report varies accordingly. • The most of these acts will be fou/id in the Appendix VI. OVERTURES. 267 The record of the commission of the last General As- sembly, and of the committee for managing the Royal Bounty, are examined and attested in the same way. IIT. OVERTURES. The proposal of making a new general law or of repealing an old one, which, in ecclesiastical language, is termed an Overture, originates with some individual who generally lays it before his presbytery or synod, that, if they approve, it may be sent to the General Assembly as their overture.* Overtures, however, are by no means confined to propo- sals for making new general laws or repealing old ones. There may be overtures to declare what is the law of the church, overtures to enjoin the observance of former enact- ments, overtures for the appointment of fasts and thanks- givings, overtures indeed on any subject falling within the legislative or executive functions of the Assembly. Three overtures are here given from the printed papers of the General Assembly 1837. 209. (1) At Perth, the 29th day of March 1837. The Presbytery of Perth being met and constituted, unanimously approved of the following over- ture : " Whereas it is the duty of the General Assembly, in the exercise of its superintending care over the religious inter- ests of the people of Scotland, to adopt every means within their power by which these interests may be advanced ; and whereas an affectionate annual address would be calculated to promote piety, foster a godly zeal among the members of the church, and strengthen the hands of the ministers of Christ ; whereas, moreover, the intercourse thereby upheld * Milt's \ iew ol tlie Constiiution, n f^^ 268 GENERAL ASSEMBLY. between the supreme ecclesiastical court and those under its charge, might be expected to contribute to that reciprocal good feeling and right understanding which are ever so desir- able and so necessary ; it is humbly overtured to the Vener- able Assembly by the Presbytery of Perth, that arrange- ments may be made, whether by the appointment of a stand- ing committee or otherwise, so as to have a suitable pastoral letter prepared and issued every year. " Transmitted and attested by order of the Presbytery. (Signed) "Jo. Ed. Touch, P. C." 209. (2) At Stirling, the 19th day of April 1837. The Synod of Perth and Stirling being met and con- stituted, it was agreed that the Synod do trans- mit to the ensuing General Assembly the fol- lowing overture : " Whereas Almighty God, by the dispensations of His Providence, for the last six months, first by an unfavourable harvest, then by the consequent destitution and misery of many thousands of our countrymen, next by the ravages of an almost universally prevalent disease, and latterly by the extraordinary and alarming aspect which the present season has hitherto borne, as well as by prevailing com- mercial distress — hath been loudly calling the people of this land to the exercise of repentance ; and whereas our sins as a people, as a church, and as individuals, are great and manifold, and afford reason to fear that the Lord may pro- long his controversy with us ; — it is humbly overtured to the Venerable Assembly by the Synod of Perth and Stirling, that a day of solemn fasting and humiliation before God be ap- pointed throughout the bounds of the Church, whereon all classes may be called to confess their sins, and to turn to the Lord with their whole heart, and with fasting, and with weeping and with mourning, that the displeasure of the Lord may be turned away from us, and that He may cause OVERTURES. 269 His face to shine upon us, and to remember us yet in loving-- kindness and tender mercy. " Extracted by (Signed) "Jo. Ed. Touch, Asst. Syn. Clk." 209. (3) At Edinburgh, the 9th day of May 1837. Which day the Synod of Lothian and Tweeddale being met and constituted, inter alia. The synod unanimously agreed to transmit the following overture to the General Assembly. " It is humbly overtured by the Synod of Lothian and Tweeddale, That the General Assembly shall adopt means by application to Parliament, or otherwise, for extending the blessings of our parochial system of education to all classes of the population ; and especially for securing the erection and endowment of parish schools in connexion with all the newly erected places of worship." Extracted by (Signed) Thomas Pitcairn, Synod-Clerk. In regard to overtures for alterations in the law, o^-enact- ments of a new law, " the General Assembly may dismiss the overture, if they judge it unnecessary or improper, or may adopt it as it was sent, or may introduce any alteration which the matter or the form seems to require. If it is not dismissed, it is transmitted by the General Assembly, in its original or its amended form, to the several presbyteries of the church for their consideration, with an injunction to send up their opinion to the next General Assembly, who may pass it into a standing law, if the more general opinion of the church agree thereunto, that is, if not less than 40* presbyteries ap- prove. " When the immediate enactment of the new law pro- posed in an overture appears essential for the good of the • 42 fire now required to approve. 270 GENERAL ASSEMBLY. church, the General Assembly exercises the power of con- verting the overture into what we are accustomed to call an interim act ;* and it is acknowledged by all who understand our constitution, that till the meeting of the next Assembly, such temporary enactments are binding upon all the mem- bers of the church."t IV. CAUSES. Intimation is given on a board at the door of the Assem- bly house when a cause is to be heard. Parties are heard at the bar by themselves, or by counsel on their behalf. The counsel for the appellant opens the case, and has the privilege of reply. When an appearance is made by an in- ferior judicatory, in support of the same sentence which the private party defends, the Assembly are in use to hear only one member of the judicatory. When the synod has affirm- ed the sentence of the presbytery, separate appearances and pleadings are not admitted for both courts ; but if the synod appears, it is held to include the presbytery. When the sen- tence of the presbytery has been altered by the synod, they are of course entitled to a separate appearance, to defend their judgment. The parties being heard, are removed, and the house con- sider the cause. When a decision takes place, (which is arri- ved at according to the standing orders, quoted pp. 273, 274,) the parties are recalled to hear it. After the judgment is read by the clerk, the successful party takes instruments, and craves extracts. v. STANDING ORDERS. Act XX., Ass. 1834. "The General Assembly, having heard the report of the Procurator on the following resolu- • Assemblies 1711, I/l^, Uil, 1737, 1739, 1742, &c. t Hill's View. STANDING ORDERS. 271 tions, which, in terms of the appointment of last Assembly, (May 27, 1833,) had been transmitted to the several presby- teries of this church, did, and hereby do, convert the same into Standing Orders of this house. " 1. That all papers, whether forming part of the record, or produced in evidence in any of the inferior courts, shall, at the time when they are lodged, be dated and num- bered by the clerk of such court, and marked with his ini- tials ; and no paper not so authenticated shall be received in the courts of review, unless upon special cause shown. 2. That, in future, all overtures transmitted through the committee, and all petitions or other applications to the Assembly transmitted through the committee of bills, shall be printed and laid on the Assembly's table, in sufficient numbers for the use of members, on or before the first Mon- day of its sitting ; excepting in the case of matters which may come to the knowledge of the Assembly during its sit- ting ; in which case, the overtures, petitions, &c., shall be printed and laid on the table, at least one day before they are discussed. 3. That the libel and defences, or when the case com- mences without a libel, the petition or other initiatory step, and the answers thereto, with the sentences of the inferior courts, shall be considered as the record. 4. That, in all references, complaints, and appeals, under the exception mentioned in article 8th, the same, together with the evidence adduced, shall be printed in sufficient numbers to afford a copy to every member of Assembly; which copies shall be laid on the table of the Assembly in sufficient time to admit of the cause being taken up on one of the days during its sitting, otherwise the appeal or other application shall be held to have been fallen from. 5. That, when the appeal, complaint, or reference is made merely on a point of law or relevancy, it shall only be necessary to print such parts of the evidence, if any, as the party may tbink requisite for the determination of such 272 GENERAL ASSEMBLY. point of law or relevancy ; but in such cases, the papers shall be printed in such time as to enable the respondent to print any other parts of the evidence which he may deem material for the right understanding of the case. 6. That reasons of dissent or appeal, and the answers thereto, when made, as well as all other papers not included in the record, shall be produced to the Assembly as hereto- fore, but shall not be held as included in the regulation as to printing. 7. That, in causes, the expense of printing shall be borne by the appellant, when there is one. When the inferior court shall refer a cause to the Assembly, without pro- nouncing judgment, the expense shall be borne by the par- ties mutually, under the certification that the party refusing to pay his share thereof, before the time appointed for lay- ing the same on the table, shall be considered as having de- serted the cause, and shall not be entitled to be heard. 8. That, when there is no appeal or reference, it shall be optional to individual members of inferior courts, who may find it their duty to bring the proceedings of these courts under the review of the Assembly by complaint, either to comply with the regulations as to printing, or to furnish a complete written copy of the whole papers and proceedings to the clerk of the Assembly.* 9. That, in all other cases, such as petitions, &c., the expense shall be borne by the party bringing the matter under the notice of the Assembly. 10. That causes arising out of trials for licence or ordina- tion, and matters relating to church ordinances ; as also re- ferences on matters which do not affect the interests of the parties in the cause, shall be excepted from this rule, ex- cepting when the parties may think proper to print of their own accord. * The written copy here required was held, by the commissior. of 1836, in a complfii'it from a decision of the presbytery of Lorn, to be a separate copy, over and above the process copy, or certified extracts, and for default, the complaint was dismissed. STANDING OUDEUS. 273 11. That a copy of every printed paper shall be kept by the clerk of Assembly, to be bound up and kept in the records of Assembly, with a copy of the judgment an- nexed." By act xiii., Ass. 1835, additional standing orders were appointed by the General Assembly regarding the making of motions, the putting of the vote, and the printing of papers. On Motions and Fotes. " 1 . A motion, whether original or amended, shall be given in to the clerk in writing, as soon as it shall have been made to the house, and immediately read to the house by the moderator. 2. When a motion is duly seconded, and in possession of the house, it shall not be competent to make any alteration upon it, except in the shape of an amendment, or second or third motion, as the case may be, regularly proposed to the house, unless it shall be consented to by the mover and seconder of any other motion or amendment, then before the house. 3. The person who makes the first motion shall have a right to reply ; after which the debate shall be held to be definitively closed, and no other person shall be entitled to speak excepting with regard to the manner of putting the vote. 4. All motions except the first shall be considered as amendments on the first, and disposed of accordingly. 5. When there are only two motions before the house, the question put to the vote shall be. Motion or Amend- ment. G. When there are three motions, the first question shall be, whether the second or third motion shall be put as the amendment against the first ; and the second question shall 274 GENERAL ASSEMBLY. be, whether the first motion or the amendment so fixed shall be the determination of the house. 7. When there are more than three motions, the first question shall be, whether that last proposed shall be put as the amendment, and so on till only three remain, when the procedure shall be as prescribed in article 6. 8. In causes it shall not be competent to move an amend- ment to the motion, unless it be of such a nature as to de- cide the case, or to forward it in its progress. On the Printing of Papers. 1. That all papers laid on the table of the Assembly shall be printed in the quarto form used in the Court of Session. 2. That it shall not be necessary to print petitions for the opinion of the procurator, or for aid, or any other mere- ly formal applications, which do not contain any statement on their merits. 3. That the extracts from the minutes of the inferior courts shall always be printed entire." Vr. DISSENTS. *' Any member of court may dissent from proceedings which he conceives to be contrary to the word of God, the acts of Assembly, or the received order of this kirk ; and may cause his dissent to be marked in the record. By so doing, he saves himself from any censure or danger that may arise from these proceedings. The dissent must be given in immediately when the judgment dissented from is pronounced. It cannot be received at a subsequent meet- ing of the court; although, in the case of the General As- sembly, other members besides the dissentient are allowed, at the subsequent meeting, to express their adherence to his dissent, immediately after the minutes are read. " In the Assembly 1828, a question arose as to dissents PROTESTATIONS. 275 being received on the day subsequent to that on which the judgment dissented from was pronounced ; and it appeared that repeated instances had occurred of dissents having been so received. But the Assembly appointed a committee to search for precedents with regard to the time and manner of giving in dissents from the judgments of that house, and re- ceived from its committee a report to this effect ; That it was long the invariable practice, that dissents were entered on the day upon which the sentences dissented from were pro- nounced, leave in this case being given to members to ad- here to the dissent on a subsequent day ; but that, in some recent instances, dissents had been entered on a subsequent day. The Assembly, on the suggestion of the committee, enjoined that the ancient practice should in future be en- forced and uniformly observed."* It is scarcely necessary to give any form of dissent, as these vary with every case. The preamble or statement of the opinion or judgment against which the dissent is ta- ken is all that could properly be given. A dissent can be given in only by those who were pre- sent when the judgment dissented from was pronounced, and no protest can be taken against a decision of the Assem- bly. Dissents are not entered in the minutes, but kept in a separate book. VII. PROTESTATIONS. When a party does not proceed with his appeal or com- plaint from the decision of an inferior court, but falls from it, it is proper that the opposite party should enter a pro- testation of the appeal or complaint having been fallen from, and crave extracts of its being adpiitted. The decision of • Dr Hill's Practice in Church Courts, p. 30, 276 GENERAL ASSEMBLY. the inferior court thereupon becomes final. The following is a form of such. 210, Protestation. Protestation that the protest and appeal (dissent and com- plaint) of A. is fallen from ; protestation craved at the instance of the Kev. B. C, minister of D., in name of the presbytery of F., that an appeal taken by the Rev. G. H., minister of I., against a sentence of the said presbytery, dated the day of 18 , is fallen from, and therefore that the said sentence has be- come final. There are no reasons given in with this ; simply the pro- testation, which the clerk records in the minutes. The word " admitted" being substituted for " craved." VIII. PETITIONS AND COMPLAINTS. Where an inferior court has wrongfully obstructed the or- dinary channel by which review of their sentence may be obtained, the party aggrieved may apply by Petition and Complaint to the Assembly, who will thereupon grant war- rant for summarily citing the inferior judicatory, and all other parties concerned, to their bar, and if satisfied of the justice of the complaint, will rescind their proceedings.* IX. PEREMPTORY MANDATES. These are sometimes issued by the General Assembly for summoning individuals and inferior courts to appear at their bar. When a case occurs of a person refusing to ap- • See Case of Parishioners of Eskdalemuir v, the Presb} tery of Lang- holm, and Synod of Dumfries, 21st and 27th May lfi3(i. COMMISSION. 277 pear, a letter from the clerk in name of the Assembly is now generally sent. This is a part of the supreme executive power of the Assembly. The Assembly sends precise orders to particular judica- tories, directing, assisting, or restraining them in the dis- charge of their functions.* These orders were issued when there arose disputes regarding vacant parishes, such as the presbytery refusing to settle a presentee from a deficiency in his call, or " from regard to the wishes of the people, or from some local circumstances." X. COMMISSION OF THE ASSEMBLY. The commission in former times was composed of a certain number of individuals selected for the purpose, but for many years it has been the practice to include in it all the mem- bers of the Assembly, and also one other person not a mem- ber, who is generally a past moderator, and is named by the moderator. Those also are added who, from defect in their commissions, did not sit in the Assembly. A quorum of the commission requires 31 members, where- of 21 are ministers. It meets the day after the Assembly is dissolved, and on the second Wednesday of August, third Wednesday of November, and first Wednesday of March, and oftener, when and where the Assembly may appoint and find it convenient. They have power to adjourn from day to day. It is also competent for the moderator to call a special meeting of commission on any emergency. The Instructions to the commission have been the same every year for upwards of half a century. They are ordered " to advert to the interests of the church on every occasion, that the church, and the present establish- ment thereof, do not suffer or sustain any prejudice which ' Hill's View 278 GENERAL ASSEMBLY. they can prevent." There is a renewal of the Instructions given by the General Assembly 1717 to their commission, and it "appoints the same to stand in full force as instruc- tions to the commission before named, and to be observed by them in all points, as if the same were specially inserted." They are to inquire into the publication of all books incon- sistent with the Confession of Faith — to see that the impres- sions of the Holy Scriptures, Confession of Faith, and Ca- techims, be correct — that means be adopted for the suppres- sion of popery and superstition, — " and, if need be, to apply to government for a proper remedy and speedy redress ;" be- sides several orders as to the giving of advice in references from synods, but not to determine private processes not re- ferred to them by the Assembly, &c. The Instructions in actvi.. Ass. 1717, are always under- stood to be renewed, and are as follows. " 1. The commission are empowered and appointed to take care that what is enacted and ordered by this and preceding Assemblies be duly observed by all concerned. 2. The commission, as often as they see cause, are em- powered to apply to his Majesty, or any inferior Magistrate, for the countenancing of and concurring with the judicato- ries of the church in what the law allows, and for putting in execution the laws against popery and profaneness, and seekino- redress of grievances and abuses committed contra- ry to the established doctrine, worship, discipline, and pres- byterian government of this church, the contempt of the censures of the judicatories thereof inflicted on scandalous persons, and to assist presbyteries and synods in planting vacant kirks, as they shall be applied unto by them for that effect. 3. The commission are empow^ered and appointed to use all proper means to preserve and maintain all the rights and privileges of this church, and to lose no opportunity of ap- plying to obtain a redress of what is grievous with respect COMMISSION. 279 to the same, and to send commissioners to London for that effect if they see cause. 4. The said commission are empowered to appoint fasts and thanksgivings as they shall see occasion, and specify the causes thereof, and apply to his Majesty for the civil sanction thereto. 5. The commission are empowered to give advice and as- sistance to any synod or presbyteries in difficult cases, as they shall be applied unto by them for that effect. 6. The commission are empowered to take special care to keep and maintain unity in the church upon all emergents, especially among the ministers thereof, and to gain such as separate therefrom, and to suppress error and schism in this church, and prosecute the authors and spreaders of books and pamphlets tending thereto, and to take notice how any who have been censured by preceding Assemblies or com- missions of the same have carried, and to proceed to further censure as the commission shall see cause. 7. The commission are to take notice of what misre- presentations shall be made either at home or abroad, of the doctrine, worship, discipline, or constitution of this church, and to take all proper methods for the vindication thereof. 8. The said commission are appointed to use their best endeavours to obtain a fund for erecting: schools in the Hiofh- lands and Islands, and to get the same rightly proportioned, and to do what else may tend to the advancement of religion and reformation in these places, and to keep a correspond- ence with the Society for Propagating Christian Knowledge and their committee, and to give them all suitable assistance and encouragement, according to the acts of this and former Assemblies, and to use all proper means in their power for extirpating idolatrous and superstitious practices, and to ob- serve the instructions given by former Assemblies to their commissions concerning libraries, Irish Bibles, Psalm Books, and Catechisms, a school in every parish, according to the 280 GENERAL ASSEMBLY. fifth act of the General Assembly 17 07; also to hold hand to the execution of the eijihth act of that Assembly, for sup- pressing Popery and preventing the growth thereof; and likewise the fifteenth act of that Assembly, against innova- tions in the worship of God. 9. The commission are empowered to send ministers and probationers, as need requires, to the North, the Highlands, and Islands, and to remove them from one place to another there, as they shall see cause. 10. The commission are empowered to cognosce and finally determine in all references and appeals about planting vacant churches in the North, the Highlands, and Islands, •which shall be brought before them, and that in the most expedite manner, providing that the commission do not meddle with sentences of synods in such cases, excepting causes particularly referred to them ; but this restriction is not to be extended to mini'^ters or probationers having Irish. 1 1 . The said commission are empowered to receive any representations or references that shall be made to them by presbyteries and others concerned about large and spacious parishes, and to use all means proper for them for obtaining, and also rendering effectual and preserving new erections in such parishes, or stipends to collegiate ministers. 12. The said commission are empowered to give all due assistance to the several universities and colleges, when any minister is called to any office therein, and to receive ap- peals and references in these cases, and finally to determine in the same ; and they are appointed to consider the state of the said universities and colleges, and to observe the 14th act of the General Assembly, anno 17 11, and as they see cause to apply for a visitation thereof ; as likewise to inquire whether synods and presbyteries do maintain bursars, according to the acts of the General Assembly, and to take care to pro- vide hopeful youths having the Irish tongue, and take the (isual obligations of them, and when students having that COMMISSION. 281 languag-e are found fit to be entered on trials, that they re- commend them to presbyteries for that effect, and when they shall be licensed, to send them to the North, the Highlands, and Islands. 13. To inquire how the 10th act of the General Assem- bly, anno 1711, concerning probationers and settling mi- nisters, with questions to be proposed to, and engagements to be taken of them, are observed, and to advert that masters in colleges, and all schoolmasters, do subscribe and engage according to the act of Parliament, anno 1707- 14. That the commission use their best endeavours for farther reformation of manners, and the more effectual curb- ing and suppressing of profaneness and vice, and promoting true religion and godliness, and think on some effectual way to excite to, and recommend family worship, in pursuance of the acts of Assembly, particularly the 13th act of the Ge- neral Assembly, anno 1G94, and 7th and 11th acts of the General Assembly, anno 1697, and others; and to inquire if his Majesty's pious proclamation against immorality has been read from the pulpits according to former orders. 15. The commission are appointed to take the most effec- tual course to get the printing, vending, or importing of in- correct copies of the Holy Scriptures, and of our Confession of Faith and Catechisms, stopt and prevented." Causes are conducted in the same way as before the As- sembly. Parties or their counsel are heard and removed, motions are made, discussed, and divided upon, and the par- ties recalled to hear the judgment. The commission are specially prohibited from meddling in any matter not committed or referred to them, and from enforcing any of their sentences which the inferior judicato- ries refuse to carry into execution. Overtures remaining unconsidered by the General Assem- 282 GENERAL ASSExMBLY. bly cannot be taken up by the commission, and all reports of Assembly's committees must be made to the Assembly it- self, unless it is expressly ordered that they be given in to the commission. XI. CLOSING OF THE ASSEMBLY. The form of closing the Assembly is the same as it has been for many years. " The minutes of the last sederunt are read before its close, that they may receive the sanction of the Assembly, in the same way as the minutes of former sederunts, which are always read at the opening of the meet- ings subsequent thereto. A committee is appointed to re- vise the minutes of the x\ssembly, apd to select from its acts such as are of general concern, that they may be printed. A great improvement has been recently made by this committee, acting under the orders of the Assembly, in giv- ing in the printed abridgment of the Assembly's proceed- ings a fuller detail of the cases which come before it, so as to convey a distinct idea of the grounds upon which the decisions of the supreme ecclesiastical judicatory were pro- nounced." An account of the causes decided by the commission is also added. " When the business is concluded, the moderator addres- ses first the Assembly and then his Grace the Commissioner, and in the name of the Lord Jesus Christ, the King and Head of His Church, appoints another Assembly to be held on a certain day in the month of May in the following year. The Lord High Commissioner then addresses the As- sembly, and in the name of the Sovereign, appoints an- other Assembly to be held upon the day mentioned by the moderator. Intimation of this appointment is publicly given, and the CLOSING OF THE ASSEMBLY. 283 Assembly is concluded with prayer, singing of psalms, and pronouncing the blessing.'** About fifty years ago, the Commissioner's opening and concluding addresses were recorded in the written minutes, but this is not now done. They never appeared in the printed acts. • Dr Hill's Practice, p. 91, 92. APPENDIX. APPENDIX. I. OVERTURE AND INTERIM ACT, WITH REGULA- TIONS FOR CARRYING INTO EFFECT THE ACTS OF ASSEMBLY, MAY 29, 1835, ON THE CALLING OF MINISTERS. Edinburgh, May 29, 1837 — Sess. ult. Whereas the General Assembly have declared, enacted, and ordained, in terms of their act, passed into a law of the church, on the 29th May 1835, on the subject of the calling of ministers ; and whereas it is necessary, for regulating the forms of proceeding under that act, that some precise and definite rules should be laid down, the General Assembly do, therefore, with the consent of a majority of the presbyteries of this church, declare, enact, and ordain, that the following directions and regulations shall be observed. 1. Rules to be observed in making up and adjusting the lloll to be used in the Moderation of Calls. 1 . That, at the first meeting of any presbytery, after a vacancy occurring in any parish, or on any application re- gularly brought before the presbytery for the appointment of an assistant and successor, the presbytery shall ascertain that a roll of the members of the kirk-session and male heads 2S8 APPENDIX, of families, being members of the congregation, and commu- nicants in the church, has been completed in the manner herein after directed ; and that, if such a roll has been made, they shall proceed to purge the same, by striking ofl' the names of all persons who shall be ascertained to be dead, or to have ceased to be members of the congregation, or to be under church censures. 2. That, in case a roll has not been so completed, they shall at that meeting appoint one of their number to act as moderator, M'ith the elders of the parish, to constitute a kirk- session, or where there are no elders, two or more of their own number to act as a kirk-session, in making up a roll in terms of the regulations hereby enacted, and shall ordain the said roll, duly attested, to be produced to them at their next meeting, or any special meeting to be appointed for that purpose. 3. That in no case shall the day for moderating in the call be appointed until the roll shall have been completed and purged to the satisfaction of the presbytery. 4. That, in order to ascertain definitively the persons en- titled, at any particular time, to give in dissents, every kirk- session which has not already made up a roll, in conformity with the enactment of last General Assembly, shall, within three months of the rising of this present General Assembly, make up a roll of the members of the kirk-session^ and of the male heads of families who are members of the congre- gation, and in country parishes resident within the same, and who are, at the date thereof, and have been for at least twelve months previous thereto, in full communion with the church ; but declaring that, in the special case where new churches have been erected ecclesiastically, persons who are heritors or tenants, having a legal right to sittings in the original parish church, and who continue to be members of that congregation, shall be entered on the roll of the said ori- ginal church, though resident in that part of the parish which has been disjoined from it. And, lest any doubts should APPENDIX. 289 arise as to who are heads of families, it is hereby declarecl, that the term includes unmarried men and widowers as well as married men, provided they occupy houses of which they are proprietors or tenants, and eldest sons when their fathers are deceased, provided they are of the age of twenty-one years or upwards, and reside in the same house with their mothers, they being always in full communion with the church. 5. That the roll so made up shall be open to inspection, in the hands of the session-clerk, by any parishioner or mem- ber of the congregation, for the space of one week, of which notice shall be given from the pulpit, and thereafter shall be authenticated by the moderator and session-clerk, and then transmitted to the presbytery ; and after being in- spected by the presbytery, and countersigned on each page by the moderator, shall be returned to the kirk-session, and form part of its record for the foresaid purposes. 6. That the said roll shall be revised and readjusted, in conformity with the rule Jburth, immediately after the occa- sion of dispensing the sacrament of the Lord's Supper in the parish, which shall have last preceded the 22d of November In each year, and shall be open for inspection in the same man- ner as before, and shall be retransmitted to the presbytery before the expiry of the second week of December. 7. That the said list or roll, as last revised before the va- cancy in the parish, or before any application, as aforesaid, for the appointment of an assistant and successor, where a roll has been duly made up, revised, and authenticated, after being examined and purged as above provided, or the roll made up immediately after such vacancy or application, where none had been made before, shall be the only roll for determining the persons entitled to be reckoned in any dis- sents to be offered against the admission of any presentee to be minister, in the moderating in a call ; but it shall still be the duty of the presbytery to remove from the said roll the names of all persons who may have died, removed from the T 290 APPENDIX. parish, or who are under hurch censures, previous to the time appointed for moderating in the call. 2. Rules to be observed in Moderatintj in a Cull. For Admitting Dissents. 1. That when a presentation shall be received by the moderator of a presbytery, he shall, within two days after it comes to his hand, call a meeting of presbytery, to take place not less than eight, nor more than twelve days, from the date of such intimation ; provided that no meeting of presbytery shall have been already fixed to take place within three weeks ; and that, if such meeting has been appointed, he shall merely give notice that the presentation has been received, and will be laid on the table at that meeting. 2. That, when any presbytery shall be prepared to ap- point a day for moderating in a call to the person present- ed, they shall appoint one of their own number to preach in the church of the parish, on a day not later than the second Sabbath thereafter ; that he shall, on that day, intimate from the pulpit, that the person presented will preach in that church on the first convenient Sabbath, so as it be not later than the third Sabbath after such intimation, and also on some other Sabbath ; and that he shall, at the same time, intimate, that on another day to be fixed, not later than the next Friday after the day last appointed for the presentee to preach, the presbytery will proceed, within the said church, to moderate in a call to such person to be minister of the said parish in the usual way ; but that the presbytery, if they deem it expedient, may appoint the presentee to preach oftener than twice, provided that the day for moderating in the call be not more than six weeks after that on which it was appointed. 3. That, on the day appointed for moderating in the call, the presbytery shall, in the first instance, proceed in the same manner in which they were in use to proceed APPENDIX. -291 before the passing of the act of Assembly of 1835 aneiit calls. 4. That if there shall not be dissents by a major part of the persons standing on the roll made up and regulated in manner herein before directed, and if no special objections be made, the presbytery shall sustain the call, and proceed to the trials and settlement of the presentee, according to the rules of the church. 5. That if dissents are tendered by any of the persons whose names stand on the roll above referred to, such dis- sents shall either be personally delivered in writing by each of the persons dissenting separately, or taken down from his oral statement by the moderator or clerk of the presbytery ; but that no person shall be entitled so to dissent, who shall have previously petitioned the patron for the appointment of the person presented, it being always open to him to state special objections at the proper time. 6. That if the dissents so lodtjed do not amount in num- ber to the major part of the persons standing on the roll> and if there be no special objection, requiring consideration, stated, the presbytery shall sustain the call, and proceed to the trials and settlement, according to the rules of the church. 7. That if it shall be found that dissents have been lodged by an apparent majority of the persons on the said roll, the presbytery shall adjourn the proceedings to another meet- ing, to be held at some place within the vacant parish, not less than ten free days, nor more than fourteen, thereafter ; and that it shall be competent to the patron or presentee, or any person duly authorised to act in their behalf, or to any member of presbytery, as soon as the day of the said ad- journed meeting shall be appointed, to require, by a notice given apud acta, all or any of the persons dissenting to ap- pear at the meeting so appointed, and then and there to de- clare, in terms of the act of Assembly 1835, viz. " That he is actuated by no factious or malicious motives, but solely 292 APPENDIX. l)y a conscientious regard to the spiritual interest of himself or the congregation ;" and that, if any person having so dissented shall fail to attend at the said meeting, or shall refuse to declare in the terms required, the name of such person shall be struck oft' the list of persons dissenting: And in order that the notice thus appointed to be given opud acta may be efi'ectual, the presbytery shall, in the commence- ment of the proceedings, give intimation that all persons who may intend to dissent must remain till the termination of the proceedings of the day ; and that whether they re- main or not, the notice, if ultimately given, shall be held as having been duly given apud acta. Provided also, that if, from any cause, the proceedings of the said first meeting for moderating the call shall not be completed on that day, the notice apud acta shall still be competent and effectual as soon as the presbytery shall appoint the second day of meet- ing. 8. That it shall not be competent to receive any dissents, except such as shall be duly given in at the meeting for moderating in the call, as above provided ; but it shall be competent to any person who may have lodged a dissent at that meeting, to withdraw such dissent at any time before the presbytery shall have given judgment on the eff'ect of the dissents. 9. That in case the presbytery shall, at the said second meeting, at last find that there is not a majority of persons on the roll dissenting, and if no special objections be stated, they shall sustain the call, and proceed to the trials and set- tlement, according to the rules of the church : But if the presbytery shall find that there is a major part of the per- sons on the roll dissenting, they shall reject the person pre- sented, so far as regards the particular presentation, and the occasion of that vacancy in the parish ; and shall, within two days thereafter, intimate this their determination to the patron, the presentee, and the elders of the parish. APPENDIX. 293 For receiving Special Objections. 10. That if, at the meeting for moderating in the call, dissents by a majority on the roll shall not be stated, and if any special objections to the settlement of the person pre- sented, of whatever nature such objections may be, shall then be stated to the presbytery by any person entitled to object by the general laws of the church ; and if such objections appear to be deserving of deliberate consideration or inves- tigation, the presbytery shall delay the farther proceedings in the settlement till another meeting, to be then appointed, not later than eight days thereafter, and give notice apud acta to all parties concerned then to attend, that they may be heard. 11. That if the special objections so stated affect the moral character or the doctrine of the presentee, so that, if they were established, he would be deprived of his licence, or of his situation in the church, the objectors shall proceed by libel, and the presbytery shall take the steps usual in such cases. 1 2. That if the special objections relate to the insufficiency or unfitness of the presentee for the particular charge to which he has been appointed, the objectors shall not be re- quired to become libellers, but shall simply deliver, in writ- ing, their specific grounds for objecting to the settlement, and shall have full liberty to substantiate the same; upon all which the presentee shall have an opportunity to be fully heard, and shall have all competent means of defence : That the presbytery shall then consider these special objections, and if it shall appear that they are not sufficient, or not well founded, they shall proceed to the settlement of the presentee, according to the rules of the church : But if the presbytery shall be satisfied that the objector or objectors have estab- lished that the presentee is not fitted usefully and sufficient- ly to discharge the pastoral duties in that parish, then they shall find that he is not qualified, and shall, within two days 294 APPENDIX. thereafter, intimate the same to the patron ; it beinir always in the power of the different parties to appeal from the sen- tence pronounced tjy the presbytery, if they shall see cause. 13. That the presbytery shall not receive such special objections in any case, until after it has been finally ascer- tained whether there are dissents by a majority of the persons on the roll ; but it shall always be competent, as soon as this is ascertained, to state special objections. 3. Rules to be observed in the Ultimate Proceedings. 1. That if the presbytery shall have rejected the pre- sentee, and if the patron shall give a presentation to another person within the time limited by law, the proceedings shall again take place in the same manner as above laid down, and so on in regard to successive presentations within the time. 2. That if no presentation shall be given within the limit- ed time, to a person from whose settlement a majority on the roll do not dissent, or who shall not be excluded in conse- quence of special objections, the presbytery shall then sup- ply the vacancy, tanquam jure devoluto. 3. That cases of settlement by the ^xeihytevy jure devo- luto shall not fall under the operation of the regulations in this and the relative act of Assembly, but shall be proceeded in according to the general laws of the church ap[)licable to such cases. But every person who shall have been previ- ously rejected in that parish, shall be considered as disquali- fied to be inducted into that parish on the occasion of that va- cancy. 4. That, in case any appeal shall be taken against any judgment or proceeding of the presbytery, previous to the time when they are prepared either to proceed to the settle- ment, or to declare the presentee to be disqualified and re- ject the presentation, such appeal shall not sist procedure ; but the presbytery, if they resolve to proceed to the settle- ment, shall delay doing so till the appeal be disposed of; APPENDIX. 295 and, if they reject the presentee, it shall be still competent to him to discuss the merits of any appeal which may have been duly entered. 4. Time extended in Distant Synods, Sfc. Application of this Act, and renewal of former Acts. 1. That, in the districts of Orkney and Zetland, the synod of Glenelg, and the synod of Argyle, the number of days appointed by this act, with regard to meetings and for other purposes, may, if it be thought expedient by the presbytery, be made double the number above provided, or any other number not less than that prescribed in the above regulations. 2. That the regulations in this act shall be applied to all cases of vacancies in which the presbytery has not already appointed a day for moderating in the call : But the Gene- ral Assembly hereby renew and continue the interim act with regulations, enacted and transmitted by last As- sembly, in regard to all cases in which the day for moderat- ing in the call may have been already appointed, and also the interim act of Assembly 1835, as to all cases previously fallinsr under it : Declaring these acts to be still in force as to all such cases respectively, but no others. 3. That the presbyteries of the church are hereby enjoin- ed to use all diligence to see that the regulations hereby laid down are duly observed and followed out ; and also to use their utmost endeavours to bring about harmony and unani- mity in congregations, and be at pains to avoid every thing which may excite or encourage unreasonable exceptions in people against a worthy person, who may be proposed to be their minister. 29H APPENDIX, The General Assembly transmit the above Ocerture and Regulation to presbyteries for their coiisideration : and, in the meantime, they convert the same into an in- terim act. The General Assembly, in transmitting this revised and amended overture for regulating the due execution of the act of Assembly on calls, now passed into a standing law of the church, think it of importance that the people of the pa- rishes in Scotland should not be misled as to the nature and eiFect of that act. It gives to them a negative voice against the intrusion of any minister into the parish, whom they are compelled, under the solemn sanction of their conscientious belief as Christians, uninfluenced by any extraneous consi- deration, to declare to be unfit for the ministry in that pa- rish. But the act is not intended to confer any rights of a different nature ; and any attempt to wrest it to other pur- poses must defeat its object, and injure the fair interests of the people, which it is meant to protect. All canvassing and caballing, therefore, for obtaining the appointment of a particular person to be minister, are inconsistent with the principle of the act, and ought to disable every man who acts with a due regard to his Christian character, whatever may be his opinion on the law of patronage, from conscienti- ously declaring in the terms which may be required of him. The act has been proposed, and, after much deliberation, passed, by the whole church, for the benefit of the people, according to the view taken by the movers of it, of their rights under the existing law. But, in order that it may have any chance of producing such benefits, it must be fairly acted on by the patrons, the presbyteries, and the people, — each party using the rights, and discharging the duties, be- longing to each, with the honest and single purpose of ob- taining a good and faithful minister for the parish. It is only when this spirit shall duly influence all the parties, that any measure devised by the General Assembly of the church can APPENDIX. 297 be expected to accomplish the great ends for which it is in- tended, — the spiritual edification of the people, their peace, happiness, and prosperity, and the strength and stability of the Church of Scotland. II. ACT AGAINST SIMONIACAL PRACTICES. Act viii. Ass. 1759. The General Assembly, taking into consideration a repre- sentation of the Synod of Angus and Mearns, relating to bargains betwixt patrons or heritors in parishes, and candi- dates for the ministry, or the friends of such candidates, and the great danger which may thence arise to this church, do hereby enjoin the several presbyteries in this church, in order to prevent such practices for the future, to take all proper measures to discover if any such have happened in their bounds ; and if, upon inquiry, it shall be found that any minister or probationer hath obliged himself, or that his friends, before his settlement, and in order to promote the same, have obliged themselves, upon the account of the candidate, that he shall not, during his incumbency, com- mence any process against the heritors for augmentation of stipend, reparation of manse, office-houses, or enlarging his glebe, or shall have become bound in any sum or sums of money, or any prestation, to the patron or person connected with the patron, in order to procure the presentation, or to the heritors or others concerned, in order to obtain a con- currence with the said presentation, or otherwise to procure a call to a vacant parish, or has entered into any Simoniacal paction or practice for that effect : that such presbytery lay 298 APPENDIX. a representation of the said matter before the General Assem- bly, that the procurator for the church may have orders to raise and carry on a process of reduction of such bargains or obligations before the Court of Session ; and also the Ge- neral Assembly do hereby declare it a just cause of deposi- tion in ministers, and of taking away the licence of a proba- tioner ; and ordain presbyteries to proceed to such sentences against all such ministers and probationers, as shall be here- after found to have either entered into such bargains them- selves previous to their settlements, or who shall after their settlements homologate the deed of their friends. And it is hereby enacted, that if any such Simoniacal practices as are mentioned and described in this act shall be carried on by any person or persons whatsoever, in order to the promoting or procuring any benefice or office in this church to any minister or probationer, though without his consent or approbation ; and if such minister or probationer shall, at any time, be told or informed that such practices have been or are carried on, or proposed to be carried on, for the purpose aforesaid, and shall not make discovery or intimation thereof to the presby- tery of the bounds at their first meeting after he shall receive such information, then, and in that case, he shall, if a minister, be deposed, and, if a probationer, be deprived of his licence. And further, the Assembly appoint this act to be read by all presbyteries to every person before he be licensed to preach the gospel, and to every candidate for a settlement in their bounds, before they take any steps towards his settlement. APPENDIX. 299 III. FORMS OF COMMISSIONS. Forms of Commissions to Bepresentatives in Assemblies. The Forms of Commissions and Attestations are appointed by Act iv. Ass. 17G8, and Act x. Ass. 1783. I. PRESBYTERIES. It is desirable that the printed forms of commissions should be always used. Ministers must be designated by the parishes in which they are settled ; and this must be attended to in an after- election as well as in the original one. It is to be carefully noticed, that ten free days must in- tervene between the resolution to elect and the election ; and that, with the exception of the Northern and Western Islands, the election must not take place less than forty, and not more than seventy,* days before the meeting of the Assem- bly. An after-election may take place at any time before the meeting of the Assembly, upon the resignation of the person originally elected. In case of an after-election tak- ing place posterior to the attestation of the commission, that after-election must also be separately attested. It must be kept in view by presbyteries and their repre- sentatives, that if these directions are not carefully observed, and the commission be not in all respects agreeable to the form here given, it must be rejected by the General Assem- bly. 1 . Commissions by Presbyteries. At , the day of years The which See For)t Note. p. 21.5. 300 APPENDIX. day the presbytery of being convened betwixt the hours of one and eight o'clock in the evening, in order to elect their representatives to the ensuing Assenobly, pursuant to a resolution entered into their minutes on the day of , did, and hereby do, nominate and appoint Mr , minister at , and Mr , minis- ter at , and , ruling elders, their commissioners to the next General Assembly of this church, indicted to meet at Edinburgh the day of May next to come, or when and where it shall happen to sit ; willing them to repair thereto, and to attend all the diets of the same, and there to consult, vote, and determine in all matters that come before them, to the glory of God and the good of his church, according to the word of God, the Confes- sion of Faith, and agreeable to the constitution of this church, as they will be answerable ; and that they report their diligence therein at their return therefrom. And the said presbytery does hereby testify and declare, that all the ministers above named have signed the Formula enjoined by the 10th act of the Assembly 1711 ; and the ruling elders above written have signed the Formula prescribed by the 11 th act of the Assembly 1694. And further, that the said elders are of unblemished characters, circumspect in their walk, regular in giving attendance on the ordinances of Divine institution, and behave in other respects agreeable to their office. All which the presbytery have hereby attested, on proper information. Attested by C. D., Clerk. 2. After- Election of a Minister. At , the day of years. — The which day the presbytery of being convened betwixt the hours of one and eight o'clock in the eve'ning, and* did, • Here narrate the cccasion of the new election. APPENDIX. 301 and hereby do, nominate and appoint in place, their commissioner to the next General Assembly ; and do hereby testify and declare, that signed the Formula enjoined the 10th act of Assembly 1711; which the presby- tery hereby attests, upon proper information. Attested by A. B., Moderator. C D., Clerk. 3. After- Election of an Elder. At , the day of years — The which day the presbytery of being convened betwixt the hours of one and eight o'clock in the evening, and* did, and hereby do, nominate and appoint in place, their commissioner to the next General Assembly ; and do hereby testify and declare, that he is in all respects qualified in the same manner as their commissioner in whose room he is chosen ; which the presbytery hereby attests, upon proper information. Attested by A. B., Moderator. C. D., Clerk. 4. Attestation. At , the day of years. — The which day the presbytery of having had their commission to their representatives in the ensuing Assembly laid before them, they caused it to be read ; and having revised and con- sidered the same, they did approve thereof. Attested byf II. UNIVERSITIES. 1 . Commission from a University. At , the day of years. — The which * Here narrate the occasion of tlie new election, t Either the Moderator or Clerk. 302 APPENDIX. day the Principal, Professors, Masters, and other members of the university of , having a right to elect, being convened betwixt the hours of one and eight o'clock, in the evening, in order to elect their representative to the ensuing Assembly, pursuant to a resolution entered into their minutes on the day of , did, and hereby do, nominate and appoint their commissioner to the next General Assembly of this church, indicted to meet at , the day of next to come, or when and where it shall happen to sit ; willing him to repair thereto, and to at- tend all the diets of the same ; and there to consult, vote, and determine in all matters that come before them, to the glory of God and the good of his church, according to the word of God, the Confession of Faith, and agreeable to the constitution of this church, as he will be answerable ; and that he report his diligence therein at his return therefrom. And it is hereby testified and declared, that the said is a minister (or an elder) of this church, lawfully ordained, and (if a minister) hath signed the Formula enjoined by the 10th act of the Assembly anno 1711; (or if an elder) hath signed the Formula prescribed by the II th act of the Assem- bly 1694. And further, that the said commissioner is every other way qualified to be a member of the Assembly, accord- ing to the acts of the Assembly ; and (if an elder it must be said) in particular, he is of an unblemished character, cir- cumspect in his walk, regular in giving attendance on the ordinances of Divine institution, and behaves in other re- spects agreeable to his office. All which the university have hereby attested, on proper information. Extracted by C. D., Clerk. 2. In the case of an after-ekctlon of a Commissioner from a University, in the place of one formerly chosen. At , the day of years. — The which day the Principal, Pr jfc^sors, Masters, aijd other members APPENDIX. 303 of the university of , being convened betwixt the hours of one and eight in the evening, and (here the occasion of the new election to be narrated) did, and hereby do, no- minate and appoint in his place their commissioner to the next General Assembly ; and it is hereby testified and declared, that he is in all respects qualified in the same man- ner as their former commissioner, in whose room he is chosen ; which the university attest, on proper information. Extracted by C. D., Clerk. N.B. — This form for universities is prescribed, on the supposition that the former commissioner, and the person chosen in his place, are either both of them ministers, or both of them elders. But if an elder is chosen in the place of a minister, or a minister in the place of an elder, then the at- testation must contain the words at length of the form pre- scribed for the first election. 3. Attestation. At , the day of years. — The which day the presbytery of having had before them a com- mission given by the university of to , to represent the said university in the ensuing General As- sembly of this national church, do, in terms of the 4th act of Assembly 1720, the 7th act of Assembly 1723, and 4th act of Assembly 1724, testify and declare, that the said is a minister, (or an elder,) lawfully ordained ; that he has signed the Formula enjoined by the 10th act of Assembly 1711 ; or (if an elder) hath signed the Formula prescribed by the 11th act of Assembly 16-)4 ; and that he is a Master of the said university, or . And further, that the said commissioner is every other way qualified to be a member of the Assembly, according to the acts of Assem- bly. This signed by A. B., Moderator. C. D., Clerk. 304 APPENDIX ni. BURGHS. It is desirable that the printed forms of commissions should be always used. In commissions from burghs, the elder must be designat- ed as a residenter in the burgh, or as an heritor in the burgh, or as an heritor in the bounds of the presbytery within which the burgh lies, or that he has formerly resided and officiated as an elder in the said burgh or presbytery within which the said burgh lies. It must be carefully noticed, that which- ever of the designations is used in the commission itself, must be repeated in the attestations by the kirk-session and the presbytery. It is also to be carefully noticed, that ten free days must intervene between the resolution to elect and the election ; and that the election must take place not less than forty and not more than seventy* days before the meeting of the As- sembly. Both the session of the burgh and the presbytery w'ithin which it lies are required to attest the commission ; but should they refuse to do so, an appeal must be taken to the General Assembly. It must be kept in view, that, if these directions are not carefully observed, and if the commission be not, in all re- spects, agreeable to the form here given, it must be rejected by the General Assembly. 1. Commission from a Burgh. At , the day of years. — The which day, the Magistrates and Town-council of being convened in council, betwixt the hours of one and eight o'clock in the evening, in order to elect their representative to the ensuing • See Foot Note, p. 215. APPENDIX. 305 Assembly, pursuant to a resolution entered into their minutes on the day of , did, and hereby do, nominate and appoint Ruling Elder, their commissioner to the next General Assembly of this church, indicted to meet at Edinburgh the day of May next to come, or when and where it shall happen to sit ; willing him to repair thereto, and to attend all the diets of the same; and there to consult, vote, and determine, in all matters that come before them, to the glory of God and the good of his church, according to the word of God, the Confession of Faith, and agreeable to the constitution of this church, as he will be answerable ; and that he report his diligence therein at his return there- from. And it is hereby testified and declared, that the said is an Elder of this church, lawfully ordained, and hath signed the Formula enjoined by the 11th act of Assembly 1694, and is every other way qualified to be a member of Assembly, and likewise that he is (a residenter in the said burgh,) or (an heritor in the said burgh,) or (an heritor within the bounds of the presbytery of , within which the said burgh lies,) or (has formerly resided and officiated as an Elder in the said burgh,) or (presbytery of , within which said burgh doth lie,) according to the acts of Assembly ; and, in particular, that he is of an un- blemished character, circumspect in his walk, regular in giving attendance on the ordinances of Divine institution, and behaves in other respects agreeable to his office. All which the Magistrates and Town-council have attested, on proper information. Attested by C. D , Cls. 2. After Election. At , the day of years. — The which day the Magistrates and Town-council of being con- vened, betwixt the hours of one and eight o'clock in the evening, and (here narrate the occasion of the new election,) 306 APPENDIX. did, and hereby do, nominate and appoint in his place , Ruling Elder, their commissioner to the next General As- sembly ; and it is hereby testified and declared, that the said is, (&c. as in No. 1,) and that he is in all other re- spects qualified in the same manner as their former com- missioner in whose room he is chosen; which the Magistrates and Town-council do attest, on proper information. Extracted by C. D., Cls. 3. Attestation by the Kirk- Session. At , the day of years. — The which day the kirk-session of having laid before them a commission by the Magistrates and Town-council of to , Ruling Elder, to represent the said burgh in the ensuing General Assembly of this national church, do, in the terms of the 4th act of Assembly 1720, testify and declare, that the said is an elder lawfully ordained ; and that he has signed the Formula prescribed by the 11th act of the General Assembly 1694 ; and likewise that he is, (&c. as in No. 1.) Attested by A. B., Moderator, or C. D., Clerk. 4. Attestation by the i^resbytery. At , the day of years. — The which day the presbytery of having had produced before them a commission given by the Magistrates and Town- council of to to represent the said burgh in the ensuing General Assembly of this national church, with an attestation of the kirk-session of the said burgh, conform to the direction of the act 9th of Assembly 1718, act 4th As- sembly 1720, and act 4th Assembly 1724, do, in terms of the foresaid acts, likewise testify and declare, that the said is an elder lawfully ordained, and that he has signed APPENDIX. 307 the Formula prescribed by the 11th act of Assembly 1694 ; and likewise that he is, (&c. as in No. 1 .) And further, that the said commissioner is every other way qualified to be a member of the Assembly, according to the acts of As- sembly. This signed by A. B., Moderator, or C. D., Clerk. IV. CONSTITUTION OF THE NEW CHURCH AT G., IN THE PRESBYTERY OF H. 1st, The church shall be inalienably in connection with the EstabHshed Church of Scotland. 2d, The property of the church shall be vested in man- agers to be appointed by the subscribers to its erection, and their successors in office, in trust for behoof of the con- gregation, and shall, if required by the presbytery, be trans- ferred to them. 3d, It shall not be lawful for those concerned in the man- agement to subject the church to any pecuniary obligation ; and the power of burdening it with debt shall be excluded in the titles. 4th, Five hundred sittings in the church shall be let at rents at and under four shillings annually. The rents of the remaining seats shall be at the discretion of the managers according to circumstances ; at the seats letting, which shall take place twice every year, on the second Thursday of April and October, a preference shall always be given to parishioners, but all persons, whether parishioners or not, who have once obtained seats, shall be allowed to retain 308 APPENDIX. them, so lon^^ as they continue to pay for and occupy tliem ; none of the sittings which must be let at and under four shil- lings shall be let to any others than parishioners of the dis- trict attached to the church, for the first seat letting, until six months after the induction of the clergyman ; and at the time of each subsequent seat letting, public notice shall be given from the pulpit, on two successive Sabbaths, what number of sittings in the church are at the time vacant, and none of these shall be let to others than parishioners of the district, until the expiry of ten free days from and after the first Sabbath on which intimation has been given. 5th, The managers shall be nine in number, from among whom thev shall name a preses, treasurer, and secretary, with salaries to the two latter, if necessary, and be elected by the subscribers who have paid a guinea and upwards to the erection of the church, being above twenty-one years of age, and communicants in the congregation. No person shall be eligible as a manager who is not originally a sub- scriber or contributor by himself or ancestors to the church to the amount of five pounds at least, or who has not been a communicant, and rented sittings in the church for one or more years previous to his appointment, and continues so at the time of election. The administration of the managers shall be under the inspection of the presbytery. At the end of every three years, the three managers whose names are liighest on the list shall retire, and their places be filled up by others, it being understood that any of those retiring can be re-elected ; such triennial elections taking place in the month of March ; vacancies occurring in the manage- ment within three years to be filled up by the board them- selves; and it is understood that five shall form a quorum. 6th, The funds arising from seat rents, collections, and otherwise, shall be under the control of the managers, and shall be applied in payment of insurance, repairs, and all requisite disbursements connected with the church ; next, in payment of the minister's stipend, salaries of the precentor APPENDIX. 309 and church olficeis, treasurer and clerk, the synod and pres- bytery clerk, and presbytery officer. 7th, That the election of the first minister shall be de- termined by a majority of the contributors to the erection of the church, according- to the rules agreed on at subscrib- ing, a list of whom shall be made up by the treasurer and secretary to the erection, in sufficient time before the elec- tion, to allow all concerned to examine and correct it where wrong, after which their right of election shidl cease, unless the first minister shall vacate within a year of his ordination, and the election of the future ministers shall be determined by a majority of male communicants, being heads of fami- lies and seat-holders in the church, either by a payment or express gratuitous grant, above twenty-one years of age, and who shall have been members of it at the time of elec- tion. The roll shall be made up by the kirk-session once in every year at the first communion after Whitsunday, and none shall be entitled to vote in any of the proceedings re- lative to the election whose names are not entered there- in ; a list of five candidates, who must be licentiates or min- isters of the church of Scotland, shall be made up by the managers and kirk-session, with permission of the presby- tery, who shall cause the same to be read from the precen- tor's desk, on a Sabbath after Divine service, with an intima- tion, stating that a roll of qualified voters has been made out, and may be inspected in a place then to be named, for and during eight days after such intimation, so as to aftbrd an opportunity of correcting mistakes or omissions, when the roll shall be closed and authenticated by the subscriptions of the kirk-session, and no person shall be entitled to vote whose name is not entered in the said roll. The candidates, when it is practicable, shall thereafter preach one Sabbath day in the church, both forenoon and afternoon. The day of election shall be notified from the precentor's desk at least ten days before its arrival. If the candidate first chosen has not a majority of the votes of the whole qualified electors 310 APPENDIX, present, the name of the canflidate having the fewest votes shall be struck oflf, and the votes taken of new, the candidate having finally such majority shall be declared duly elected, and a minute of the proceedings being authenticated by the preses, shall be laid before the presbytery, with a view to the settlement of the minister according to the rules of the church. 8th, Sufficient security shall be given by the managers, binding themselves and successors in office for a stipend to the minister of not less than eighty pounds sterling per an- num, to be paid at the terms of Whitsunday and Martin- mas, as the minimum, for which they shall be bound until a permanent endowment of at least an equal amount is ob- tained. 9th, Ten pounds shall be allowed for communion ele- ments at each dispensation of the Lord's Supper. Five pounds shall be the annual minimum salary of the precen- tor, and two pounds shall be the annual minimum allowance of the church officer. 10th, On the appointment of the first minister, the man- agers shall apply, with concurrence of the minister of , to the presbytery of , to lay out and describe the bounds of the district within which he is to labour, in terms of the act of Assembly of 1834. 1 1th, If, by the increased prosperity of the population of the district to which this church is to be attached, it shall be found that the foregoing laws are insufficient for its pro- per government, it shall be in the power of a majority of the subscribers to apply for an amendment of this consti- tution. APPENDIX. 311 V. THE BARRIER ACT. Act ix. Ass. 1697. Act anent the method of passing Acts of Assembly ^ of gene- ral concern to the Church, and for preventing of Innova- tions. The General Assembly, taking into their consideration the overture and act, made in the last Assembly, concerning in- novations ; and having heard the report of the several com- missioners from presbyteries, to whom the consideration ot the same was recommended, in order to its being more ripely advised and determined in this Assembly; and considering the frequent practice of former Assemblies of this church, and that it will mightily conduce to the exact obedience of the acts of Assemblies, that General Assemblies be very deli- berate in making of the same, and that the whole church have a previous knowledge thereof, and their opinion be had therein ; and for preventing any sudden alteration or innova- tion, or other prejudice to the church, in either doctrine, or worship, or discipline, or government thereof, now happily established ; do therefore appoint, enact, and declare, that before any General Assembly of this church shall pass any acts which are to be binding rules and constitutions to the church, the same acts be first proposed as overtures to the Assembly, and being by them passed as such, be remitted to the consideration of the several presbyteries of this church, and their opinions and consent reported by their commission- ers to the next General Assembly following, who may then pass the same in acts, if the more general opinion of the church, thus had, agree thereto. 312 APPENDIX. VI. ACTS REFERRED TO IN THE INSTRUCTIONS TO VISITORS OF SYNOD BOOKS. 1 . Acts anent Lecturincj. Act ix. Ass. 169-1. The General Assembly of this National Chuvch, con- sidering how necessary and edifying it is, that the people be well acquaint with the Holy Scriptures ; doth therefore re- commend to the several presbyteries, that they endeavour that the ministers within their respective bounds shall, in their exercise of lecturing, read and open up to the people some large and considerable portion of the word of God: And this to the effect the old custom introduced and established by the Directory may by degrees be recovered. Act V. Ass. MQ^. The General Assembly do hereby appoint and ordain the several ministers of this church to observe the 9th act of the General Assembly, anno 1694, anent reading and ex- pounding of the Scriptures in their congregations, and recom- mend it to presbyteries, at their privy censures, to enquire how the said act has been observed by the several brethren within their bounds. And ordain an account of their dili- gence thereanent to be insert in their presbytery books, and likeways recommend to synods, at their privy censures, to enquire how presbyteries have observed the said recommend- ation. Act X. Ass. 1 700. The General Assembly considering, that the acts of for- APPENDIX. 313 mer Assemblies, concerning lecturing and expounding of the Holy Scriptures, are much neglected in many places, do therefore enjoin and appoint the several presbyteries, at their privy censures and parochial visitations, diligently to enquire how ministers observe the said acts. 2. Act recommending to Ministers to preach Catechetical Doctrine. Act xviii. Ass. 1695. The General Assembly of this National Church, consi- dering how necessary and edifying it is, that the people be well acquainted with the fundamental principles of the Christian religion, do therefore recommend to the care of ministers, (hat beside their ordinary work of catechising, they also preach catechetical doctrine, at such times, and in such manner, as they shall find most conducive for the edi- fication of their flocks. 3. Act appointing the more frequent Celebration of the Sacrament of the Lord's Supper. Act. xi. Ass. 1712. The General Assembly, coubidering that the Assemblies of this National Church have, by several acts, appointed the frequent celebration of the holy sacrament of the Lord's Supper in all the congregations of this church, and judging that the due observation of these acts will greatly tend to the glory of God and the edification of souls ; therefore, they do hereby enjoin all presbyteries to enquire if the said acts be duly observed by all the brethren ; and in case any mini- ster shall neglect to celebrate the sacrament of the Lord's Supper in his parish for a whole year, the Assembly appoints the presbytery in which the said' parish lies to call for an ac- 314 APPENDIX. count of the reasons of his omission of that great and solemn duty and ordinance, and to approve or disapprove the same as they shall see cause, and to record their dilig-ence in this matter. And for makii (>■ this and other acts and recommen- dations of Assemblies efi'ectual, the General Assembly enjoins the synods, at their several meetings, to enquire at the pres- byteries within their bounds, what care they hav^e taken to execute the said act, and other recommendations foresaid ; and ordains that their books shall bear an account of their diligence therein ; and in order thereto, the Assembly ap- points the several synods to make up a roll of all matters that have been or shall be recommended by the Assemblies of this church, to be enquired at presbyteries, and ordains the said roll to be inserted in their register, and given to the visitors of the presbytery books, that they may take notice of, and report the diligence of presbyteries in execut- ing the said acts and recommendations. And in like man- ner, it is agreed that the Assembly shall make up a roll of all matters appointed to be enquired at synods, and ordains every new act and recommendation, so soon as they are made, to be added to the said rolls, that thereby the General Assemblies may know how their acts and recommendations are observed by the several synods and presbyteries of this church. 4 . Act and Recommendation concerning Visitation of Parish- es, and also Ministerial Visitation oj Families. Act xvi. Ass. 1706. The General AssembJy, considering that frequent presby- terial visitation of parishes would be of great advantage to the church, and might tend to promote piety and holiness, and suppress sin ; do therefore seriously recommend to and enjoin presbyteries to be more frequent and conscientious in visiting i)arishes, conform to^the acts of former General As- APPENDIX. 315 semblies thereanent ; and appoints the commission to draw up and prepare a directory for ministerial visitation of fami- lies, and present the same to the next General Assembly. 5. Act anent the Reading of the Overtures arid Acts of the General Assemhhj. Act xvi. Ass. 1700. The General Assembly took to their consideration the overtures transmitted to presbyteries by the late Assembly, concerning the method of passing overtures, and acts of As- sembly ; and having heard the said overtures read in their own presence, as also, the report of the committee for over- tures thereanent, and concerning the opinion of presbyteries thereupon ; the General Assembly did, by their vote, and hereby do enact and appoint, that when any thing of public concern, and great weight, is proposed to the General As- sembly, to be past as overtures or acts, for a standing rule to the church, after the first reading, it be delayed till the next day of the Assembly's sitting, and lie on the table, to be seen and considered by all the members ; and likew^ays, when any thing is past as overtures, by the General As- sembly, it is ordained, that all and every presbytery read them publicly, in their presbyterial meeting, once before the first meeting of the synod next after the General Assem- bly, and consider of them, and that this be rpcorded in their presbytery book, and enquired into by their synods in visiting presbytery books ; as also, it is hereby recommended to all presbyteries, to send in an account of their judgment and opinion thereanent, with their commissioners to the General Assembly, in writing, but as briefly as may be, and the over- tures to be printed after the acts : And lastly, it is hereby enacted and appointed, that each minister and kirk-session have a copy of all the printed acts of the General Assembly, and that enquiry be made into this, at presbyterial and synodical censures, and their diligence recorded. 316- APPENDIX. (). Act against Profanity. Act vii. Ass. 1699. The General Assembly, taking to their consideration the overtures against profaneness, past by the last Assembly, January 24, 1698, Sess. 15; and having heard the report of commissioners present from the several presbyteries of this National Church, to whom the consideration of the saids overtures were recommended ; and the General As- sembly being well and ripely advised thereanent, did, by their vote, and hereby do, approve of these overtures after mentioned, whereof the tenor follows. 1. The General Assembly considering the lamentable growth of proplianity, ignorance, and irreligion, that is too manifest in this land, and the woful decay of the life and power of godliness, with the small success of the gospel, that's to be observed every where, at this time ; the General Assembly, in a deep sense of these things, and for the re- medying of them, do, in the first place, in the awe and dread of God, beseech, exhort, and require all ministers, by the coming of our Lord Jesus Christ, and our gathering to- gether unto Him, that they take heed to themselves, and to their doctrine, and endeavour to be ensamples to the people, in all piety, purity, and holiness, in all manner of conversa- tion. 2. That they be frequent and fervent in secret prayer, for themselves, and the people committed to them, joining sometime fasting with prayer. And the General Assembly recommends to ministers and elders in their several parishes, and ministers in their several presbyteries, to meet some- times together in their parishes and presbyteries respectively for private fasting and prayer, and conference anent the state of the church, and that part of it in which they have special interest, with respect to the growth or decay of god- liness, and success of the gospel therein. APPENDIX. 317 3. That presbyteries be more accurate in managing their privy censures, and that a day be set apart to that purpose only, and spent in fasting and prayer together. 4. That presbyteries be very cautious in admitting in- trants to the ministry, and be accurate and exact in the trial, not only of their literature, but of their piety, prudence, and former godly conversation and walk. 5. That ministers be painful in catechising, frequent in visiting of families, and in private personal conference with these of their charge, about the state of their souls ; and that ministers be more frequent in administration of the Lord's Supper, and alwise edifying in their converse and discourse ; and that they deal with heads of families to engage them to piety, and a care to reform their families, and to set up, and to keep up, the worship of God therein : And, in parti- cular, that ministers endeavour, by all prudent and gaining gospel methods, to engage persons of honour and power to fall in love with holiness, and reckon it, as in deed it is, their greatest honour ; and that in dealing with such of them as are vicious, an humble and yet holy boldness and zeal be used in admonishing them, in order to their recovery : And that herein presbyteries appoint some others of their number to concur with the minister of the place, as may be most for edification . 6. The General Assembly recommends to the kirk-ses- sions and presbyteries the vigorous, impartial, and yet pru- dent exercise of church discipline against all immorality, especially drunkenness and filthiness, cursing and swearing, and prophaneing the Lord's day, which too much abound : And that they apply to the Magistrate for the execution of the good laws made against immorality and prophaneness. 7. That seeing it is observed, that in burghs, especially these of greatest resort, as Edinburgh, many sit too late in taverns, especially on the Saturday's night, and men of busi- ness pretend that they do it for relaxation of their minds ; through which some neglect the publiek worship on the 318 APPENDIX. Lord's day in the forenoon ; and others attend the worship drowsily : Therefore, the General Assembly recommends to all ministers, where such sinful customs are, to represent to the people, both publickly and privately, the sin and evil thereof, and to call them to redeem that time which they have free from business, and to employ it for converse with God about their souls' state, and in preparation for the Sab- bath, which will yield more delight than all sensual plea- sures can do. And the General Assembly beseecheth and exhorteth all magistrates of burghs to be assistant to ministers in en- quiring into, and reforming such abuses. 7 . Act and Recommendation anent Mortifications^ and Visitations of Parishes. Act xxii. Ass. 1700. The General Assembly recommends to all presbyteries to be diligent and careful in the visiting the parishes within their bounds, and take particular notice how all sums of money mortified, or otherwise belonging to the poor of the parish, have been managed and applied from time to time ; and if they shall find any dilapidations of any such sums, that these guilty thereof may be pursued according to law ; and that the several synods take account of the presbyteries within their bounds their diligence therein. 8. Act concerning Schools and Bursaries, and for instruct- ing Youth in the Principles of Religion. Act V. Ass. 1705. The General Assembly, considering how much it will tend to the increase of Christian knowledge and learning, APPENDIX. 311) and the advantage of true piety and religion, that schools and colleges be duly regulated, and bursaries rightly bestow- ed ; do therefore appoint and ordain, That ministers take care to have schools erected in every parish, conform to the acts of Parliament, for teaching of youth to read English : That the poor be taught upon charity, and none be suffered to neglect the teaching of their children to read : And sick- like, that in no parish the minister recommerid youth to be taught Latin upon charity in any grammar-school ; but after examining the said child or children, in presence of three or four members of the session, as to their promptitude and dexterity in reading, and competent skill in writing, as to their virtuous inclinations, and as to the hopefulness of their proficiency ; and that none be received in grammar-schools to be taught Latin upon charity, but upon such recommend- ations : And also, that each presbytery appoint a committee of their number yearly, to examine the poor scholars in the grammar-schools, and such within their bounds as go to col- leges with an eye to bursaries, and suffer none to proceed but such as are very forward and good proficients, and of good behaviour ; and that ministers recommend none to bur- saries but such as are so qualified. And the General Assem- bly does hereby recommend to Regents and Masters of col- leges, that no person, especially bursars, be laureat, but upon a clear evidence of sufficiency of their learning, and good behaviour, after strict examination. And sicklike, re- commends it to Masters in universities, and all other in- structors of youth, that they be careful to instruct their scholars in the principles of the Christian reformed religion, ac- cording to the Holy Scriptures, our Confession of Faith, or such books only as are entirely agreeable thereto. As also, recommends it to Professors of Theology, that they take very particular notice of the piety and Christian carriage of their students ; and that their testimonials to presbyteries, 320 APPKNDIX. for entering men on trials for the ministry, bear their know- ledge of the persons recommended, as to their moral and pious carriage, as to their projrress in their studies, and their promising parts, and of their good affection to the Govern- ment of Church and State; and that the professor does truly judge the person fit for the service of the church ; and pres- byteries are enjoined to receive none upon testimonials from Professors but who are so attested. 9. Reconi7nendation und Act concerning Schoolmasters, and Schools, and Bursaries. Act xiii. Ass. 1706. The General Assembly recommends it to such as have power of settling schoolmasters in parishes, to prefer thereto men who have past their course at colleges or universities, and taken their degrees, before others who have not, cceteris paribus. And the General Assembly recommends it to pres- byteries to take special care, that all the schoolmasters within their bounds be such as have subscribed the Confession of Faith; and that presbyteries do visit all the publick grammar- schools within their bounds, by some of their number ap- pointed for that effect, at least twice every year ; and also appoints synods, at their privy censures, to enquire at pres- byteries how they have obeyed this recommendation. The General Assembly recommends it to the respective presby- teries in the Lowlands, who are appointed to contribute for bursaries, to be bestowed on students having the Irish lan- guage, that they pay the same punctually, conform to the acts of Assembly thereanent. APPENDIX. 321 10. Act for Suppressing of Popery, and preventing the Growth thereof. Act viii. Ass. 1707. The General Assembly, taking to their serious consider- ation the lamentable increase of popery in diverse places of this nation, which they look upon as a sad judgment from the Lord, and matter of humiliation to all that love the truth ; and though it were uncharitable to conclude that God is most displeased with those ministers and congrega- tions which are most assaulted and shaken by these tempta- tions, yet it is surely matter of humiliation to them: And, therefore, the General Assembly recommends to them to be frequent and serious in fasting and prayer to God, for re- straining these winds of seduction. And besides what was recommended on this account in the eighth act of the Ge- neral Assembly 1699, which is hereby renewed; it is more- over recommended. First, That, if there be any vacant churches in these parts that are infested with popery, all due care and diligence may be used to plant them with able, pious, prudent, and learned ministers. 2c?o, That where there are ministers already, they do frequently commune with, and enquire at their elders of the case of the people, and of the danger they may be in, and of the trafficking of seducers amongst them, that they may the more timely counterwork them: And sessions are ordained to report their diligence in this matter to their respective presbyteries. 3tio, That pres- byteries, where popery increaseth, do at each meeting confer anent their danger thereby, and what their duty is, and what endeavours may be used against this seduction, and record their success, or if the defection be growing. 4to, That the synod in which these presbyteries are, do at every synodical meeting enquire concerning the state of these parts as to the growth of popery, and give what assistance they can against these abominations. And for this end, bio, That they some- X 322 APPENDIX. times send ministers, one or more, that are well acquaint- ed with these controversies, to assist the ministers of the bounds, not only to confer with the seduced, but also for es- tablishing others, especially persons of more influence and authority in the bounds. 6to^ Where the parish is great, that there be probationers sent to assist the ministers in preaching, that they may have the more time for travelling up and down among the people ; but presbyteries are to take special care that this be not improven for ease and sloth. 'Jmo, For making this anent probationers practicable and useful, the General Assembly approves of the overtures of the commission of the late General Assembly, dated the 11 th of November last bypast, transmitted by the said commis- sion to the several presbyteries ; and, in prosecution thereof, appoints and ordains, that some probationers known in the popish controversies be sent to these parts of the nation where popery does most abound, to travel among the people, under the inspection and at the direction of the presbyteries of the bounds, and show them the errors of the Church of Rome, and danger of the same ; and to instruct them in the principles of the true reformed Protestant religion, and more especially in wide and spacious parishes, where ministers can- not be so frequently with their people ; and that there be a contribution made amongst ministers, according to their sti- pends, for encouragement of these probationers in that work ; and that ministers deal with persons who are charitably and piously inclined, to contribute also for so good a work. And it is hereby recommended to all presbyteries, that they be more careful of transmitting lists of Papists to the clerks of Privy Council termly, with particular informations, accord- ing to the acts of the General Assembly, Parliament, and Council thereanent. APPENDIX. 3'23 VII. ACTS RELATIVE TO ELDERS. 1 . Act concerning Commissions to Members of the General Assembly, and Attestations of the same. Act iv. Ass. 1720. The General Assembly, considering that there have been diverse acts past with respect to the qualifications of the members of Assembly, since the act viii. Assembly anno 1695, which prescribes a form of their commissions, particu- larly the act vi. Assembly anno 1098, act vi. Assembly an- no 1704, and act ix. Assembly anno 1718 ; and that it is expedient for the direction of presbyteries, and for procuring, as near as may be, an uniformity amongst them, in granting commissions to their representatives in Assemblies, that an addition be made to the foresaid directory in the act 1695, with regard to the other posterior acts above mentioned : Therefore, the General Assembly do appoint and ordain, that in all time coming there be subjoined and adjected to the foresaid Formula, in the act 1695, the following clause, viz. " And the said presbytery does hereby testify and de- clare, that all the ministers above named have signed the Formula enjoined by the 10th act of the General Assembly anno 1711, and all the ruling elders above written have signed the Formula prescribed by the 1 1th act of Assembly 1694." But if the presbytery be uncertain whether the said elders have signed the said Formula or not, then the attestation shall bear, that they are either to sign it in pre- sence of the Assembly, or instruct that they have done it before ; and further, " That all the said commissioners are 324 APPENDIX. every other way qualified to be members of the Assembly, according to the acts of Assembly. Extracted by clerk presb." And because the said act anno 1718 appoints that all commissions, after they are written out and ex- tracted, and before they be put in the hands of the commis- sioners, be first read in presence of the presbytery, and be revised by them ; and that it be attested by the moderator and clerk of the presbytery upon the said commissions that this was so done : Therefore, the Assembly appoints that the presbytery's attestation shall run thus : — " At , the day of . The presbytery having had the above written extract of their commission to their representatives in the ensuing- Assembly laid before them, they caused it to be read, and having revised and considered the same, they did ap- prove thereof. Attested by , moderator, or , clerk." And because the foresaid act ix. Assembly 1718, does appoint and ordain, that no commissions from royal burghs to their representatives in this Assembly shall be sustained, but such as shall be consented to and approven, not only by the ministry and kirk-sessions of the burghs, but also by the presbytery of the bounds within which the burghs lie ; and upon which it shall be attested both by the kirk-session and presbytery foresaid, according to the tenor of the foresaid act; therefore, the General Assembly appoints, that the foresaid attestations of the kirk-session and presby- tery shall be in the terms following : — " At , the day of . The which day, the kirk-session of having had laid before them a commission given by the magistrates and town-council of to , to represent the said burgh in the ensuing General Assembly of this national church, do, in the terms of the act ix. Assembly 1718, tes- tify and declare, that the said is an elder lawfully ordained, and that he has signed the Formula prescribed by the xi. act of Assembly 1694 ; and likewise that he is (are- sidenter in the said burgh,) or (an heritor in the said burgh,) or (an heritor in the bounds of the presbytery of , APPENDIX. 325 within which the said burgh lies,) or has (formerly resided and officiated as an elder in the said burgh,) or (presbytery of , within which the said burgh does lie.)" And that the presbytery's attestation shall run thus, viz. " At , the day of . The which day the presbytery of having had produced before them a commission given by the magistrates and town-council of to , to represent the said burgh in the ensuing General Assembly of this national church, with an attestation of the kirk-session of the said burgh, conform to the direction of the act ix. Assembly 1718, and activ. Assembly 1720, do, in the terms of the foresaid acts, likewise testify and declare, that," &c. and so forth, precisely in the words of the form above pre- scribed to the kirk-sessions. And the General Assembly does resolve and declare, that all commissions not in the terms above mentioned shall be rejected. And it is hereby provided and declared, that if the person elected by the burgh royal be qualified as above, that the ministry and ses- sion, and presbytery respectively, do attest him when his commission is presented to them. 2. Act against Profaneiiess, a?id concerning the Duty of Elders and Deacons. Act ix. Ass. 1722. The General Assembly, being deeply affected with the great decay of Christian piety amongst all ranks, and the abound- ing of vice and immorality, the neglect of public ordinances, and profanation of the Lord's day ; and considering, that slackness and partiality in the exercise of discipline, and un- tenderness in the walk and conversation of the office-bearers of this church, cannot but greatly contribute to the increase of these evils : Therefore, the General Assembly tlo earnestly beseech, exhort, and require all ministers to take heed to themselves and to their doctrine, and to be exemplary io 326 APPENDIX. their people in sobriety, righteousness, and holiness, abstain- ing from all appearance of evil. And, in like manner, the General Assembly do earnestly beseech, exhort, and require elders and deacons to be faithful in the discharge of their respective offices, tender and circumspect in their walk, and punctual in their attending upon ordinances, and strict in their observation of the Lord's day, and in regularly keeping up the worship of God in their families. And the General Assembly appoints the judicatories of the church to take good heed that none be admitted to, or continued in these offices, but such as are found qualified, and do behave them- selves as above required; and appoints kirk-sessions, presby- teries, and synods, strictly and impartially, without respect of persons, to observe this and former acts of Assembly re- lative to office-bearers in this church; and appoints presby- teries, at their privy censures, to enquire into the behaviour of their members, and of all the elders and deacons in their bounds, with respect to the premises ; and appoints synods to enquire into the conduct of presbyteries; and both synods and presbyteries to record their diligence herein, that the same may be reported to General Assemblies by the visitors of synod books. And, lastly, tlie General Assembly appoints this act to be read in all parish churches, on or before the first Sabbath of August next; and for that end, ordains co- pies thereof to be printed, and timeously transmitted. 3. Act concerning Commissioners from Universities to the General Assembly. Act X. Ass. 1722. The General Assembly appoints and ordains, that in all time coming, the commissions given by universities to their representatives in the Assemblies of this church, as well as these given by presbyteries to theirs, shall expressly bear, that the commissioners therein named have signed the Con- APPENDIX. 327 fession of Faith, with the Formula, according to the 4th act of the General Assembly held in the year 1720, and acts therein mentioned, under the certification therein specified. 4. Act concerning the Form of Commissions from Burghs and Universities to their Representatives in the General Assembly. Act vii. Ass. 172.3. The General Assembly, for the greater uniformity in com- missions to members of the General Assembly, and attesta- tions of the same, do, in the mean time, until the matter con- cerning commissions from burghs be further thought upon, appoint, that the rules and forms prescribed by the 8th act of the General Assembly anno 1695; act vi. General As- sembly 1704 ; actix. General Assembly 1718 ; and 4th act, General Assembly 1720, in commissions from presbyteries to their representatives in the General Assembly, be strictly observed in commissions to be given to representatives of universities and royal burghs : And do appoint, that all com- missions to members of the General Assembly, whether from universities or royal burghs, and attestations of the same, shall be conceived in the terms prescribed by the former acts above mentioned, mutatis mutandis. 5. Act concerning Commissions from Universities and Burghs. Act iv. Ass. 1724. The General Assembly, for the greater uniformity in com- missions to the members of Assemblies, do resolve and ap- point, that the presbytery's attestation and approbation of all commissions from universities and burghs to their repre- sentatives in Assembly, as well as the commissions from 328 APPENDIX. presbyteries, shall, in all time coming, bear the following clause, viz. And further, that the said commissioner is every other way qualified to be a member of the Assembly, ac- cording to the acts of Assembly. 6. Act concerning Commissions to Ruling Elders. Act ix. Ass. 1724. The General Assembly appoints and ordains, that all com- missions hereafter to be given to ruling Elders in this church as members of Assembly, shall bear this additional clause, viz. And in particular, that the said elders are qualified in all respects, according to what is required by the act ix. of the General Assembly held anno 1722. 7. Act establishing the Forms of Commissions to Members of the General Assembly, and Attestations thereof. Act vii. Ass. 1725. The General Assembly, judging it very necessary that commissions to members of the national Assemblies of this church, and attestations thereof, should be according to, and in the terms prescribed by, the acts formerly made con- cerning the same, have appointed, and hereby do appoint and ordain, the following forms of commissions and attesta- tions to be observed by presbyteries, sessions, universities, and burghs ; and enact and ordain. That all such commis- sions and attestations be precisely in the terms following respectively ; and prohibits presbyteries and sessions to grant or attest any commissions which are not in these precise words ; and likewise prohibits presbyteries and sessions to grant their own attestations in any other words than these prescribed in this act ; with certification, that in time com- APPENDIX. 329 ing, every commission not conceived and attested in these very words shall be rejected. Form of Commissions by Presbyteries.* At , the day of years. — The which day the presbytery of did, and hereby do, nominate and appoint Mr , minister at , and Mr , minister at , and , and , ruling elders, their commissioners to the next General Assembly of this church, endited to meet at the day of next to come, or when and where it shall happen to sit ; willing them to repair thereto, and to attend all the diets of the same ; and there to consult, vote, and determine in all matters that come before them, to the glory of God, and the good of his church, according to the Word of God, the Confession of Faith, and agreeable to the constitutions of this' church, as they will be answer- able; and that they report their diligence therein at their return therefrom : And the said presbytery does hereby tes- tify and declare, that all the ministers above named have signed the Formula, enjoined by the 10th act of the Assem- bly anno 1711 ; and the ruling elders above written have signed the Formula prescribed by the llth act of the Assem- bly 1694. And further, that all the said commissioners are every other way qualified to be members of the Assembly, according to the acts of Assembly ; and in particular, that the said elders are qualified in all respects, according to what is required by act ix. of the General Assembly, held anno 1722. Extracted by C. D., Cls. • Tbe forms of commissions from universities and burghs also contain the following clause : " And in particular, that he is qualified in all re- spects according to what is required by act ix. of the General Assembly held anno 1722." 330 APPENDIX. 8. Act concerning Duties and Qualijicalions of Muling Elders. Act vii. Ass. 1727. The General Assembly, finding that the acts of Assem- bly made with respect to the duties and qualifications of elders are not so duly observed as they ought to be ; do therefore enjoin the several presbyteries of this church to have a strict regard to what is required as to the duties and qualifications of elders by the 9th act of the General As- sembly held in the year one thousand seven hundred and twenty-two, especially in chusing of elders to represent them in General Assemblies, and in attesting the commis- sions of such as are chosen either by themselves, by univer- sities, or by royal burghs. 9. Act concerning the Qualifications ofElders^ Members of the General Assembly. Act viii. Ass. 1737. The General Assembly, considering the instructions sent up to them from presbyteries, do strictly enjoin all presby- teries to be careful that all to be chosen elders of this church be qualified according to the acts of the Assembly, and particularly, that they attest none as members of the Assembly but such as are qualified ; not only by subscribing the Formula prescribed, but likewise according to all the other qualifications required of such by former acts of As- sembly. APPENDIX. 331 10. Act about electing of Members to the General Assem- blies, and attesting their Conwiissions. Act vi. Ass. 1744. The General Assembly, considering that they have at this time set aside several commissions by presbyteries and burghs to their representatives in the Assembly, as not being in terms of the acts of Assembly, do hereby recommend to and enjoin presbyteries in time coming to take care that all commissions be in due form, according to the acts of Assem- bly ; and in order to this, that they be at all due pains to get themselves informed that the elders sent up by them to the Assembly, or attested by them, as sent up by burghs, be qualified in these terms ; and the Assembly do recom- mend to sessions to take all proper care to ordain only such to be elders as they know to be thus qualified. 1 1. Overture of an Act, and Rules concerning the Election and Qualijications of Members of Assembly. June 1, Ass. 1759. The General Assembly did, and hereby do, transmit the following overture respecting the election and qualifications of members of Assembly to the several presbyteries of this church, to be considered by them, that they may send up their opinions concerning it to the next General Assembly, whether or not it shall be passed into an act. Of which overture the tenor follows, viz., The General Assembly, considering that the acts respecting the election and quali- fications of members of Assembly are very much scattered, having been made on different occasions, and therefore are not sufficiently attended to, and that difficulties and disputes have often arisen in the application of them, do therefore, in place of all former acts concerning the election and qua- 332 APPENDIX. lifications of members, and forms of commissions to them, and attestations thereof, which are hereby declared to be repealed, enact and ordain as follows : That the representation of the several presbyteries of this national church in its General Assemblies shall hold pro- portion to the number of parishes within each presbytery in manner following ; that is to say, presbyteries consisting of 12 parishes, or under that number, shall send two ministers and one ruling elder ; presbyteries of above 12, and not ex- ceeding 18, shall send three ministers and one ruling elder ; presbyteries of above 18, and not exceeding 24, shall send four ministers and two ruling elders ; presbyteries of above 24, and not exceeding 30, shall send five ministers and two ruling elders ; and presbyteries of above 30 shall send six ministers and three ruling elders. And it is hereby de- clared. That collegiate churches, where there are in use to be two or more ministers, are, so far as concerns the design of this act, understood to be so many distinct parishes : That it shall not be lawful for any presbytery, university, or burgh, the presbyteries in the Western and Northern Isles excepted, to chuse their commissioners sooner than 70 days preceding the first day of the meeting of the Assembly : And all the presbyteries, universities, and burghs, without exception, shall make their election at least 40 days before the first day of the meeting of the Assembly, and shall ap- point the day of election by an order to be entered into their minutes, at a lawful meeting, at least ten free days before such election ; and shall make their respective elections be- twixt the hours of twelve and four afternoon. That presbyteries shall elect no missionary ministers, nor any minister who is not a constituent member of the pres- bytery; and no elder shall be chosen by any presbytery but one who cither does usually reside, or is an heritor on the cess roll, or has formerly resided and officiated as an elder within their bounds : That universities shall choose such only to be their representatives as are members of that uni- APPENDIX. 333 versity by wliom they are chosen : That no minister or elder shall be chosen by any burgh, but one who either at present officiates, or hath formerly officiated, as a minister or elder in that burgh, or in the bounds of the presbytery where the burgh lies, or is a residenter or heritor in that burgh, or an heritor on the cess roll in the bounds of that presbytery. That all commissions from presbyteries, universities, and burghs, shall bear that the elders have signed the Formula prescribed by the 11 ih act of Assembly 1694, and, instead of a general clause, that they are every way qualified ac- cording to the acts of Assembly, the commission shall con- tain the particular qualifications of elders as follows : " That they are mindful of the duties of their office, are circumspect in their walk, religiously observe the Lord's day, regularly attend on divine ordinances, and duly regard the publick and private worship of God." Provided always. That, in case the commission does not mention that the elders have subscribed the Formula, act xi. Assembly 1694, they shall be allowed to supply this defect by subscribing it in presence of the Assembly, or of a committee appointed by them, or by instructing to the Assembly that they have already subscribed it. That all commissions from presbyteries, after they are written out and extracted, and before they are put into the hands of the commissioners, shall be read in presence of the presbytery, and revised by them, and it shall be attested by the moderator or clerk that this was done. That no commissions from royal burghs to their repre- sentatives in the Assembly shall be sustained, but such as shall be attested by the ministry and kirk-sessions of the burgh, and also by the presbytery of the bounds within which the burgh lies : And every commission from an uni- versity, in order to its being sustained, shall carry along with it an attestation from the presbytery of the bounds within which the university lies, which attestations of com- missions from burghs and universities shall be in the form 334 APPENDIX. after mentioned. But it is hereby provided, That, if a kirk-session or presbytery shall refuse their attestation to a commission from a burgh or university, they shall assign the reasons of their refusal, to be laid before the Assembly, and judged of by them, and, if they either assign no reasons, or these be judged insufficient by the Assembly, the com- mission shall be sustained as if it had been duly attested. Agreeably to the foregoing rules, the General Assembly do hereby appoint and ordain the following forms of com- missions and attestations to be punctually observed by pres- byteries, kirk-sessions, universities, and burghs respectively, in all time coming, with certification, that every commission not agreeable to the above rules, and attested exactly, and in express words, according to these forms, shall be rejected, atid the persons therein named shall not be admitted mem- bers of the Assembly. (The forms are then given.) 12. Act anent the Form of Commissions. Act vii. Ass. 1766. The General Assembly, having had laid before them the re- port of a committee appointed to revise the forms of commis- sions to members of the General Assembly, and considering that it is of the greatest importance for the honour and in- terest of religion, that the office-bearers of the church should behave and conduct themselves in all respects becoming their character, do, in terms of the act of Assembly 22d May 1722,* earnestly beseech, exhort, and require all ministers to take heed to themselves and to their doctrine, and to be exemplary to their people in sobriety, righteous- ness, and holiness, abstaining from all appearance of evil : And in like manner, the General Assembly do earnestly be- seech, exhort, and require the elders and deacons to be faith- • Actix, Ass. 1722, vide p. 325. APPENDIX. 335 ful in the discharge of their respective offices, tender and circumspect in their walk, punctual in their attending upon ordinances, strict in their observation of the Lord's day, and regular in keeping up the worship of God in their families. The Assembly do further enjoin and require, for the more regular election of members to the Assembly in time coming, presbyteries, burghs, and universities, strictly to observe the acts of former Assemblies, appointing that the election shall be made at least forty days before the meeting of Assembly, and within a month preceding the first of the said forty days, except those lying in the North- ern and Western Isles, and shall appoint the day of election at a meeting to be entered in tlieir minutes, at least ten free days before such election ; and that on the day of election, they shall make their elections betwixt the hours of one and eight o'clock in the evening. The General Assembly, considering also that some acts regulating the manner and time of electing members to the Assembly are posterior to the act 17th May 1725, establish- ing the present form of their commissions ; and that these forms refer in general to acts of Assembly that contain some particulars, of which presbyteries, universities, and burghs, cannot have any certain evidence, and are thereby reduced to the necessity either of attesting what does not come pro- perly under their own knowledge, or of omitting clauses in the established form, whereby their commissions have been rendered void and null, the Assembly did, on all these ac- counts, and hereby do, appoint and ordain the forms of com- missions and attestations, hereunto subjoined, to be observed by presbyteries, sessions, universities, and burghs ; and en- act and ordain, that all such commissions and attestations as are not conceived and attested in these very words of the form now prescribed shall be rejected. The General Assembly do further declare and enact, that when a kirk-session or presbytery refuse their concurrence or attestation to a commission by a burgh or iniiversify, with- 336 APPENDIX. out assigning the reasons of their refusal, that commission shall be sustained as if duly attested, in ease the matter shall be brought before the Assembly by protest or appeal. And they appoint the agent for the church to cause print this act, together with the following forms of commissions, and trans- mit the same to the several presbyteries, universities, and burghs. (The forms are then given.) 13. Overture anent the Ordination of Elders. Act X, Ass. 1779. (The General Assembly retransmits to presbyteries the following overture, and recommends it to them to pay par- ticular attention thereto.) The presbytery of Edinburgh overture to the General Assembly, That whereas great irregularities have crept into the church, with respect to the ordination of elders, it should be enacted, That no minister shall set apart any per- son to that sacred office in his congregation who has not a fixed residence in it, or such property as would entitle him to vote in the calling of a minister ; it being the true mean- ing and intent of this overture, to prevent elders being or- dained in congregations who are in no way connected with them. The presbytery recommend it to their members to present and support the said overture ; and further, to give power to their moderator, Dr Erskine, and Mr David John- ston, to appear and support the same. Extracted by James Craig, Presby.- Clerk. APPENDIX. 337 14. Forms of Commission^ Sj^c. Act X. Ass. 1783. The General Assembly 1766, having prescribed certain forms of commissions to members of Assembly, and attesta- tions thereof, and the Assembly 1767 having, in respect of some defects observed in these forms, made a supplement thereto ; the General Assembly, now considering the dis- advantage of having what belongs to the necessary forms of commissions and attestations lying in separate acts, by which the electors or their clerks may be more liable to mistakes or omissions, than if the whole was laid before them in one view, did appoint both to be brought together into one act as follows ; and the agent for the church to cause print the same, and transmit copies thereof to the several presbyteries, universities, and burghs. The General Assembly, considering that it is of the great- est importance for the honour and interest of religion, that the office-bearers of the church should behave and conduct themselves in all respects becoming their character, do, in terms of the act of Assembly, 22d May 1722, earnestly be- seech, exhort, and require all ministers to take heed to them- selves and to their doctrine, and to be exemplary to their people in sobriety, righteousness, and holiness, abstaining from all appearance of evil : And in like manner, the Gene- ral Assembly do earnestly beseech, exhort, and require the elders and deacons to be faithful in the discharge of their respective offices, tender and circumspect in their walk, punctual in their attending upon ordinances, strict in their observation of the Lord's day, and regular in keeping up the worship of God in their families. The Assembly do further enjoin and require, for the more regular election of members to the Assembly in time coming, presbyteries, burghs, and universities, strictly to observe the acts of for- mer Assemblies, appointing that the election shall be made Y 338 APPENDIX. at least forty days before the meeting of Assembly, and within a month preceding the first of the said forty days, except those lying in the Northern and Western Isles, and shall appoint the day of election at a meeting to be entered in their minutes, at least ten free days before such election : and that on the day of election they shall mai?o. That when the Court shall remit a petition to the advocates and agents for the poor to consider and report on the causa litigatidi, as above, it shall be the duty of tlie writer to the signet, or agent named in the remit, to procure from the petitioner, or his former agent, information as to the circumstances of the case, and to draw up a full memorial thereof, and lay the same before the advocates and agents named in the remit, for enabling them to make their report ; and, if further evidence or explanation appears to be neces- sary, either as to the poverty of the petitioners or circumstan- ces of thecase, such agent shall direct and assist the petitioner in procuring the same. l2tno. That the names of the advocates and agents to whom such cause is remitted shall be marked on the margin of the summons and defences, or letters of advocation and sus- pension, and on the back of every subsequent paper given in for that party in the cause ; and no enrolment shall be made except by the agent appointed as above ; and the word * Poor' shall be prefixed to the name of the said party, on every paper given in to the Court. 13//o, That no other advocate or agent than those appoint- ed as above shall be employed, or allow their names to be used in any stage of the cause, unless on application to the Lord APPENDIX. 393 Ordinary or the Court, by a note to be signed by the ad- vocate and agent already appointed, the assistance of one of the other advocates or writers for the poor shall be specially authorised ; in which case, those first appointed, and those so added, shall thereafter act conjunctly in the cause. 14^0, That in case of neglect or failure in any of the par- ticulars above specified, the Court, on the application of the adverse party, shall open up and set aside the previous pro- ceedings in the cause, and deprive the party of the benefit of the poor's roll, or may apply such other remedy as the cir- cumstances of the case may require. Formula for thevse of the Clergy in framing Certificates of Poverty, before referred to. ' We, the undersigned, minister and elders of the parish of , do hereby certify, that on the day of , A. B., residing at , applying for the benefit of the poor's roll, to enable him (or her) to carry on a lawsuit about to be brought (or presently depending) before the Court of Session, appeared personally before us, and did, in our presence, emit the following statement in regard to his (or her) circumstances and situation. * That he (or she) is years of age. ' That he (or she) is married, or unmarried, as the case may be. ' That he (or she) has number of children under such an age, or in such and such circumstances. ' That he (or she) has resided in this parish for so long. ' That he (or she) is possessed of such and such property. [Here state particularly the applicant's property of every de- scription.] ' That he (or she) is of such a trade ; in which his (or her) earnings amount to so much. ' That he (or she) has, or has not, at present any other 394 VITENDIX. lawsuit depending before this or any other Court, (or if the applicant has any other lawsuit, the ease should be particu- larlij mentioned.') Signed by the applicant, the minister, and elders. The minister and elders are hereby required to add whether the whole or any, and what part of the foregoing statement is consistent with their own proper knowledge, or with the proper knowledge of any one of them ; or whether its credit is to depend on the statement of the applicant himself ; or, if the case admit of it, they may add any another causa scien- tice that may occur to them. And the Lords appoint this act to be entered into the books of sederunt, and printed and published in the usual manner. (Signed) C. Hope, I.P.D. 1 N D E X. Abjuration, oath of, 68. Absolution, sentence of, 123. Acts of Assembly ordained to be read, 315. Acts of Parliament, 354', et seq. Adherence, proceedings connected with processes of, 200. Admission of an elder, 12. — of ministers, 27, ii6. Aliment to poor, 42. Allegiance, oath of, 68. Annua! Lists, Widows' Fund, 225. Appeals from Kirk-sessions, 23, 243, 233. Appendix, 285. Application for aliment, 42; for benefit of Poor's Roll in Civil Courts, 47. Articles of Constitution of New Churches, 131, 134, and 307. Assessment for the poor, 38. Assistants and successors, when members of court, 215. Assurance, oath of, 68. Attendance at Divinity Hall, 53. Attestation, of Burgh Elder's commission, to General Assembly, by Kirk-sessions, 32; by Presbyteries, 218; of Presbyteries' commissions, 217. Attestation by minister, warranting application to tiie sheriff" for poor assessment, 41. Attestation of Synod Books, 266. Augmentation of stipends, 205. Bachelor of Arts, (Oxon.) qualification for entering Divinity Hall, 33. Banns, proclamation of, 33, 35. Baptisms, 33 ; registration of, 36. Barrier act, 31 1. Bills, committee of — General Assemi)ly — 260; petition to, 261, 262. Births, registration of, 36. Bond by managers of a new church, 143. Burgh Elder to General Assembly, -32. Burgh Clerks, instruction to, 304. Burials, 33 ; registration of, 37. 396 INDEX. Call, form of a, 81 ; minute sustaining, 82; interim act regarding, 287. Cases when Assembly permit students to be taken on trials, 38. Catechetical doctrine, recommended to ministers to preach, 313. Causes before Assembly, 270. Censure and deposition of Schoolmasters, 190. Certificate of removal of communicants, 29; required prior to proclamation, 33; required before admitted to poor's roll, 49; required for students of divinity, 54 ; of transference, 60 ; required before augmentation brought, 207. Church Officer's citation, 14. Churches, new, 12.3, manses, and glebes, 145. Church-yard wall, repairs of, 162. Circular letters, students, 58; when a presentation is lodged, 78. Citation of parties before Kirk-session, 13. of witnesses, 16. Closing of the Assembly, 282. Commission of General Assembly, 277; records of, to be revised, 263; how causes conducted before, 281 ; cannot consider overtures, 281. Commission of elder to Assembly, 32 ; to Synod, 246. to exercise right of patronage, 72; to follow out a presentation, 76 ; by Presbyteries to members of Assembly, 216, 299. Commissioners of Supply, election of schoolmaster by, 185. to General Assembly, 214-299. Committees of Synod, 247. of Assembly, 259. Communicants, roll of, 28; certificate of, 29. Complaints, Kirk-session, 25; Presbytery, 244; Synod, 25.3. Confession of Faith, to be signed by ministers, 90 ; by probationers and school- masters, 62; by elders, 1 1 ; by deacons, 27; minute when schoolmaster refuses to sign, 1 95. Confession of Faith, act of Parliament ratifying, .359. Constitutions of new churches, 131, 134, 307. Crown, presentation by, 73. Days of meeting of Synods, 54. Deacons, 26 ; their duty, 3?5. Death of a minister, proceedings on, 66 ; to be entered in separate register, 222. Declaration of dissents in the case of a presentee, 83. Deposition, minute in case of ministers, 117; form of, 118; of sciioulmasters, 190-19.3. Directions to Presbyteries, &c. regarding Widows' Fund, 233. Discipline, First Book of, election of elders, 2. Dissents from Kirk-session, 23, 244. ■ from call, minute when odered, 82. i INDEX. 397 Dissents from judgments of General Assembly, 274. Divinity students, certificates required by them, 54; when taken on trials, 35; circular letters for, 58; certificate of transference, 60; judgment of Synod on students' certificates, 251. Divorce, proceedings necessary before action raised, 200. Drawback on duties, acts relative to, 128. Duties, drawback of, 128. Duty of Elders and Deacons, act relative to, .325. Edict of ordination of elders, 8 ; previous to call being moderated in, 80; pre- vious to ordination, 86 ; previous to Presbytertal visitation, 219. Education committee, (of General Assembly,) queries by, 198. Elders, election of, 2; according to First Book of Discipline, 2; to the Second, 4; their qualification, 5, 6; w-hen already ordained, 7, 8; questions put to, 9; formula to be signed by, 10; non-residence of, 12; certificates to be granted by, prior to proclamation, 34 ; acts relative to, 323-33.'{. Election of Elders, 2 ; of Deacons, 26. Elder to Presbytery and Synod, 31 ; to General Assembly from Burghs, •32: of Schoolmasters, 181 ; of Commissioners to General Assen*.b!y, 214. Erection of new church, petition for, 125. Evidence before Kirk-session, 17. ——^ — , observations on law of, 108. Examination of Schoolmasters, 187. Exchequer, receipt to, for stipend, 210. Excommunication, lesser, 19, 25; greater, 119. Execution of summons by Kirk-session, 14. Extract of licence, 63. Forms of Commissions to Assembly, 299. Formula to be signed by Elders, 10; by Probationers and Schoolmasters, 62; by Presentees or persons ordained, 90. " Free" manse, what meant by, 16.3. " Free," petition to have manse and offices declared, 172. Fund, Ministers' Widows', 224. Funerals, abstract of, 37. General Assembly, election of Commissioners to, from Presbyteries, 214; lime within which they must be elected, note, 215. , power sometimes given by, to take persons on trial for licence, 58. Ge.veral Assembly, 257; committees, 259; revising of records, 263 ; overtures, 267; causes, 270; standing orders of, 270 to 274; dissents from judgments of, 274; protestations, 275 ; commission of, 277; closing of, 282. " General order," election of Elders, 3. Glebes, &c., 145; arable glebes, 176. 398 iNDi:x. Greater excommunication, 119; sentence of, 121. Heuitors and Kirk-session, meeting of, for poor, 38. , citation to, relative to new church, 127. and Minister, election of Schoolmaster by, 183. Inspectors of old church, 153; report by, 100. Instructions to visitors of Synod books, commission of Assembly, and royal bounty committee records, 264'. , acts referred to in the above, 312. to commission of General Assembly, 277 to 281. to Presbytery-clerks regarding commissions to Assembly, 299; to Rurgh. clerks, 304-. Interim act regarding calls, 287. Judicial procedure before Kirk-session, 12. ——^^ -_^___ Presbytery, 97. Jus devolutum, INIinisters, 73; Schoolmasters, 185. act of Parliament regarding, (1592,) 357. KiRK-SESsiON, 1 their business, 1 ; minutes of, when Elders proposed, 7 ; and ordained, II ; judicial procedure before, 12; evidence led before, 17; refer- ences by, 19, 242 : minutes of, 19, 25 ; dissents, complaints, and appeals from, 25, 24.3 : miscellaneous business of, 27 ; Elder from, to Presbytery and Synod, 31 ; applications to, for certificate of poverty, 47. Law agent cannot appear before Kirk-session, 1.3. Lecturing, acts anent, 312. Lesser excommunication, 19 and 25. Libel, observations on, 97; forms of, 101, 105. , minutes relative to, 1 12. Licence, extract of, 6.3. Licensing Probationers, 53. Management of the poor, 37. Managers of new church, bond by, 143. IMandates, peremptory, by Assembly, 27G. Manses, &c., U5, 16.3. Marriage, 33 ; certificate of, 35 ; Minister's, to be entered in separate register, 222. Ministers, admission of, 66; when already ordained, 91 ; Widows' Fund, 224. Minutes of Kirk-session, 27 ; of Presbytery, 211; of Synod, 254. Kirk-session in cases of judicial procedure, 20, 25. Miscellaneous business, before Kirk-session, 27 ; of Presbytery, 211. Motions and votes of General Assembly, 273. INDEX. ;i99 New churches, 1 23. Non-residence of an Elder, 12. Notification necessary to be given regarding Ministers' Widows' Fund, 237. Oath put to witnesses, 17 ; of purgation put to party accused, 18. Oaths by Patrons, Presentees, and Schoolmasters, 07 ; Inspectors of old churches, 15.3. Observations on order of procedure and law of evidence, 108. Ordination of Elders, 8, 9, 10, 11 ; of Deacons, 27; of Presentees, 86, 87, 88. Overtures, transmission of, to a superior court, 24'1, 253; transmitted by the Ge- neral Assembly, 2-t4<. , committee of, — General Assembly, — 260. by General Assembly, 267 : how they may l)e disposed of, 269 ; cannot betaken up by commission, 281. — — — and interim act regarding calls, 287. of an act concerning the election and qualification of members of As- sembly, .331. Parties, citation of, before Kirk-session, 13; before Presbytery, 106;' how heard before Presbytery, 213; before Assembly, 270; commissions by, 299. - Patron, intimation to, on death of a Minister, 67; oaths to be taken by, 67. Patronage of new churches, 142. act of Parliament regarding, 366. Peremptory mandates, 276. Petition and complaint to General Assembly, 276. Plans and estimates for rebuilding and repairing church, decree of Presbytery approving of, 155. for manse, offices, and garden, 164-. Plantation of kirks and valuation of teinds, act of Parliament regarding, 365. Poor's Roll, act of Sederunt regarding, 389. in civil courts, 47. Poor, management of, 37 ; assessment for, .38. Popery, act for suppressing of, 321. Presbytery, 52; Elder to, 31; judicial procedure before, 97; miscellaneous business of, 211; duty relative to overtures transmitted by the General Assem- bly, 245; records of, to be examined, 249. Presbyterial visitations, 219; minute appointing, prior to libel being served, 1 13; act recommending, .313. Presbytery's duty in references from Kirk-Sessions, 242. Presentation, form of, 69; by Presbytery jt/re devoliiUi, 74; proceedings on lodging, 177; to new churches, 142. Presentees, oaths to be taken by, 67 ; letter of acceptance by, 76. Printing of papers for Assembly, 274. Probationers, licensing of, 53; questions to, 61 ; Formula to be signed by, 62. Processes of adherence, 200. 400 INDEX. Proclamation of banns, 33, 35. Profanity, act against, 316 and 325. Pro re nata meeting of Presbytery, 212. Protestations of appeals, &c. having been fallen from, 275. Protestant religion and Presbyterian church government, act of Parliament se- curing, 362. Purgation of witnesses, 1 7. Purgation, oath of, 18. Qualification of Elders, 5, 6. Queries by General Assembly's Education Committee, 198. Questions put to Elders before ordination, 9 ; which may be put to paupers ap- plying for aliment, 42 ; put to Probationers before licensed, 6 1 ; put to Pre- sentees before ordination, 88. Rates of Ministers' Widows' Fund, 238. Rebuilding and repairing of churches, 146. Receipt to Exchequer for stipend, 210. Records of Presbytery, Synod to examine, 249. of commission to be revised, 263. Synod, 26.3. Reference from Kirk-session to the Presbytery, 19 and 242. Registers, how to be kept, 213 ; revising of Session, 221 ; separate, of Presby- tery, 222. Registration of marriages, 35, 36 ; of births, 36 ; of burials, 37. Regulation of schools, 195. Repairing of churches, 146. Report of committee of Presbytery on proposed new church, 130. Representation of Presbyteries in General Assembly, 214, 299. Revising of Session records, 221 ; of Presbytery records, 249 ; of commissions to General Assembly, 263. Roll of cominunicants, 28 ; of male heads of families, 29, also 287. " Ruinous," what meant by this term when applied to the state of a church, 148. Sacrament of the Lord's Supper, act anent celebration of, 313. Scandal, minutes in cases of, before Kirk-session, 20 — 25. Schoolmasters and schools, 181; election, 182; oaths taken by, 67; regulation of the schools, 195. Schoolmasters, act of Parliament regarding, 370. Sederunt, act of, regarding the Poor's Roll, 389. Sentence of deposition, 1 18 : absolution, 123. Separate register of Presbytery, 222. Session-clerks, their duty prior to proclamations, 34. Session records, revising of, 221 ; how to be written, 213. Sheriff, application to, for pooi'^i us-iessment, 41. INDEX. 401 Slieiift", petition to, to eject a Schoolmaster, 194. Simoniacal practices, 63 ; act regarding, 297. Standing Orders of General Assembly, 270. Stipends, augmentation of, 205 ; when due, 209, Stipends, act of Parliament regarding augmentation of, 382. Students of divinity, certificates required by, from Synods, 5i ; Synod's judgment thereon, 251. Summons by Kirk-session, 13. Suppressing of Popery, act for, 32 1 . Synod Elder, 31. Synods, days of meeting of, 54 ; permit Presbyteries to take students on trials, 58. Synod, 246 ; commissions to, 246 ; petitions to committees of, 247 ; duty of, to revise registers, 249; judgment regarding students, 251 ; overtures, com- plaints, &c., 253 ; minutes of, 254; records of, to be revised, 263 ; registers, instructions to visitors of, 264 ; acts referred to in instructions to visitors of books of, 312. Transference, certificate of, to students of divinity to another Presbytery, 60. Translation of a Minister, 91 ; reasons for, 96. Transmission of overtures, 241. Universities, directions to, regarding Widows' Fund, 233 ; Representation of, in General Assembly, 301. Visitations, Presbyterial, 219; act recommending, 314. Visitors of Synod and commission records, 263 ; instructions to, 264. Warrant to cite witnesses before Kirk-session, 16. Widows' (Ministers') Fund, 224; notifications necessary, 237 ; rates of, 238. Witnesses, citation of, before Kirk-session, 16. » oath administered to, 17; purgation of, 17; lists of, adhibited to libel, 105. , citation of, before Presbytery, 108. F I N I S. ERRATA, Page 53, 1. 16. After the word " Presbyteries" add, " And by act viii. Ass. 183?) it is enacted, that these examinations shall take place every year. By the same Ass. act ix. the examination of the students, previous to their first enrol- ment, is extended to the catechetical standards of the church." See the acts in the Appendix, p. 341. Page 54, 1. 20. After the word " Clerk " add, " The same form, mutatis mutandis, will serve for a certificate under act viii. Ass. 1837." Page 56, note, 1. 6. After the word " addition'' add, " on some portion of the Old Testament, and another on some portion of the New." Ditto, 1. 7. After § 2, add, " Ass. 1836, act x." Page 116, foot note, last line, for " 96 " read " 99." Page 176, last line, for " one cow and ten sheep," read " one cow or ten sheep." Page 244, foot reference, for " IV." read " V." EDINBURGH FRINTING COMTANr. [March 1838. WORKS PUBLSSHED BY THE EDINBURGH PRINTINO & PUBLISHING COMPANY, 20, SHAKSPEARE SQUARE; SOLD ALSO BY JOHN SMITH & SON, GLASGOW; FREDERICK SHAW, DUNDEE; BROWN & CO., AND L. SMITH, ABERDEEN; SMITH, ELDER, & CO., W. S. ORR & CO., AND EDWARD LUMLEY, LONDOxN. Just published, in Two elegant Volumes, Itoyal Octavo, price £ 1 , 6*. in extra , hoards, embellished with a series of Maps and other useful Illustrations, THE SCRIPTURE GAZETTEER: A GEOGRAPHICAL, HISTORICAL, AND STATISTICAL ACCOUNT OF THE EM- PIRES, KINGDOMS, COUNTRIES, PROVINCES, CITIES, TOWNS, VILLAGES, MOUNTAINS, VALLEYS. SEAS, LAKES, RIVERS, &c. MENTIONED IN THE OLD AND NEW TESTAMENTS: THEIR ANCIENT HISTORY, NATURAL PRODUC- TIONS, AND PRESENT STATE. ESSAY ON THE IMPORTANCE AND ADVANTAGE OF THE STUDY OF SACRED GEOGRAPHY By WILLIAM FLEMING, D. D. Professor of Oriental Languages in the University of G/asgou>. The illustration of the Holy Scriptures is of such paramount importance, that the Publishers need not offer any lengthened explanation of tlie motives which have induced them to undertake the pre- sent interesting and valuable work. All ranks of society, and every denomination of Christians, are equally concerned in the proper elucidation of the Geography, Statistics, and History of all the places mentioned or described in the Sacred Volume, the past history and present aspect of which cannot indeed be easily traced by the ordinary reader, without the advantage of free access to tiie most ex- tensive collections of ancient and modern history, travels, &c. Tlie perusal and comparison nf such works, and the close and uninterrupted study of their varied contents, with the single view of illus- trating the pages of Holy Writ, necessarily infer years of patient and laborious research, and the most diligent biblical student can hardly hope to attain that knowledge without making that department the sole object of his anxious and undivided investigation for a long period of his life. The multi- plicity of authorities requisite to be consulted, and the widely extended range of reading and study necessary to be undergone, had hitherto prevented a proper SciUPTURE GAZiiTTEKR from being con- structed, which could be jjlaced within the reach alike of the clergy and of all classes of the commu- nity. The varied stores of information which have been accumulating for ages, the numerous and expensive works relating to the accomplishment of the Prophecies, the civil and ecclesiastical history of empires, the researches of travellers, and other authentic channels of information, are now placed within the reach of the diligent inquirer. Besides other important objects of illustration, such as the geography and history of all places men- tioned in the Scriptures of the Old and New Testaments, and the books called the Apocrypha, the manners and customs of Eastern nations also, so far as they really seem to bear on the right inter- pretation of passages otherwise obscure to the modern reader, and all other matters likely to form the subject of rational inquiry to the intelligent leader of the Hible, have never been lost sight of in the compilation of this Work. Works published by the Edinburgh Printing a?id Publishing Company, Shakspeare Square, AND TO BE HAD OF ALL BOOKSELLERS. EXTRACTS PROM REVIEWS AND CRITIQUES OF THE SCRIPTURE GAZETTEER. The following brief Notices have been taken, almost at random, from among the large mass of Reviews and Critiques ivhich have appeared from time to time. A work which, from the extent of information it contains, as well as the care and general accuracy evinced in the preparation of its articles, is well deserving of the public attention The Scottish Christian Herald, Such a work has long been a desideratum ; its want has been long felt, and it is astonishing that, in this prolific age of literature, it has not been previously attempted. The want will now l)e supplied in a most ample manner; and we view this work as one of the most valuable and important which is at present issuing from the British press. There is nothing doctrinal or speculative; everything is connected with the most important facts; and the lover of history, geology, botany, &c. will here find ample sources of information — the substance of hundreds of rare and valuable works being condensed into its pages. Altogether, this work is worthy of public support, and we are certain that it will have an extensive circulation throughout Great Britain, as it only requires to be known to be appreciated. — Scotsman. To clergymen of every denomination, in particular, it must be peculiarly valuable even as a book of reference. To families also it supplies a vast fund of excellent reading on the most sacred and in- teresting subjects which can engage the attention and impress the heart. The religious feeling which pervades the Scripture Gazetteer must make it acceptable to every well-disposed mind, for the subjects are treated in a manner which cannot fail to infuse additional conviction of the truth of the inspired record Edinburgh Evening Post. The Scripture Gazetteer appears to us to be one of the most useful, as we hope it will be one of the most successful, works which have recently appeared in illustration of the Holy Scriptures. — Caledonian Mercury. No work like the present has hitherto appeared ; its want has long been felt; but it is now sup- plied in an ample manner. It unravels the complicated difficulties of ancient times, gives the cus- toms of the people whom it describes, their peculiar traditions and localities, and explains various historical passages of the Scriptures which require elucidation. This work must be successful, and we trust it will soon be found in every clergyman's library, and in every house throughout the country. — Scotish Guardia7i, 3d March 1837. We cordially recommend the work to our readers; and we are happy to notice that the publishers have liberally added a scries of useful Scripture Maps, without any additional charge to the subscribers. The work, cheap and elegant as it is, would have been incomplete without such aids. — Glasgow Courier. We recommend this Gazetteer to our readers as the cheapest, the most comprehensive, and the most elegantly executed work of the kind with which we are acquainted, or, we should rather have remarked, it is the only work of the size we have heard of, as being exclusively devoted to the illus- tration of the Geography of the Bible. — Glasgow Argus. Our best wishes are with the proprietors of tiiis undertaking ; and we especially applaud their liberal resolution to deliver a series of Scripture Maps to their subscribers, without increasing the price of the work — Glasgotv Constitutional. The various conductors of this excellent and highly meritorious Gazetteer have risen in our estima- tion on the appearance of each succeeding Part, which we doubt not will soon form a necessary appendage to the study of every man in the United Kingdom, of all denominations of Christians. — Glasgotv Liberator, February 1837. It would be no easy task to convey a correct idea of the immense toil to which the diligent inquirer was subjected previous to the publication of the above-mentioned work — for the subject extends itself over the widest as well as one of the most recondite ranges of geographical study. None of the ex- pensive Dictionaries of the Bible, from Calmet's great work downwards, embrace this particular tract of inquiry; and we cannot but admire the skill, labour, and learning which the compilers of this most praiseworthy Scripture Gazetteer have exhibited in editing their work. We heartily recommend this most useful and excellent work to all classes of the community. — Fife Herald. Such a work as this, identifying the past with the present, taking advantage of all modern history and discovery in travels, or any otlier means of knowledge, and making all to bear in illustration upon the small volume, which contains more real historic facts than all other histories of the world put to- gether, must be of great use. We have no hesitation in saying that it shows itself to be a work of genius and talent, and extensive research. It is confined to topographical detail by name, but in its range it embraces national habits and peculiarities, and etymological illustrations, and traces down to modern times the predicted history of all the nations and tribes that had any part to act in the grand drama oF the theocratic rule of tlie chosen people. We wish the publishers that success which their un- dertaking certainly deserves. It is not at all the same as Calmet's or Brown's works ; but if properly conducted, of which we have no doubt, it may, to great extent, supersede both with the modern stu- dents of Scripture Fifeshire .Journal. We cordially recommend " The Scripture Gazetteer" to the notice of the public, to the clergynaan, the theological student, and the ordinary reader. All classes will find it both highly interesting and instructive, and calculated to promote scriptural knowledge. — Aberdeen Herald. Works published by the Edinburgh Printing and Publishing Company, Shalcspeare Square, AND TO BE HAD OF ALL BOOhSELLERS. JudginsT from the specimen before us, we are inclined to augur very favourably of the execution. —John o' Groat's Journal. We do not think that the simple and unassuming title prefixed to this work before us is calculated to convey to readers any adequate notion of its varied and interesting contents. Unpromising as the subject might seem for the exhibition of entertainment, tlie author has put forth as attractive a work, so far as published, considered even in that light, as any which lias lately fallen under our notice— Cumberland Pecquet. RE-ISSUE OF THE SCRIPTURE GAZETTEER. The very encouraging success which has attended the publication of the Scripture Gazetteer, and the increasing demand for copies, have induced the Publishers to undertake a re-issue of that work, in Thirteen Monthly Parts, Royal Octavo, price Two Shillings, exactly uniform with the last edi- tion. The two concluding Parts will be exclusively devoted to the Natural History of the Bible, and will embrace copious descriptions of the animal and vegetable creation, geological details, includ- ing a lucid account of all the precious stones, &c. mentioned in the Holy Scriptures. A series of suitable geographical illustrations, and other useful and instructive Plates, including a Map of Pales- tine, will be given during the course of the republication. This mode of publishing has been adopted for general convenience, and in order to place the work within the reach of all classes of the public. The enlarged size of the paper, and the elegance and clearness of the typographical details, will ren- der it one of the cheapest as well as one of the most important works which have appeared for illus- trating The Holy Bible. Owing to the extensive circulation of the Scripture Gazetteer, no addi- tional charge will be made to Subscribers for the Geographical and other Illustrations. Subscribers' names will be received by the Publishers and all Booksellers. Just published, to be completed in Nine Parts, Royal Octavo, price Two Shil/i}i(/s each. Parts I., II., and III. of THE SCRIPTURE BIOGRAPHY, CONTAINING THE LIVES OF EMINENT PERSONS MENTIONED IN THE OLD AND NEW TESTAMENTS. During the progress of the Scripture Gazetteer, the Publishers have been honoured by commu- nications from persons of the greatest eminence, strongly recommending them (o undertake a work on the Biography of the Holy' Scriptures, executed in the same style, and written in the same impartial and comprehensive manner. The work before us commences with the Life of Christ; and although the author's name is not attached, we have reason to believe that the public are under obligations for this bioyraphia to a man of worth, piety, learning, and great theological acquirements. The present sketch does him infinite credit, for although his materials for such a life were of easy access, and within the reach of every one, it required no small degree of skill and tact in the art of composition to put them together in such a way as to render a narrative, with which all are so familiar, at once interesting and in- structive. — Church Peview. The First Part, which has just made its appearance, comprehends the greater portion of the life of our Saviour. We have perused it with the highest satisfaction. In accordance with tJie paramount importance of the subject, it is composed in a style unaffectedly eloquent, energetic, and elevated. — Glasgow Constitutional. Wliile there is no parade of learning, by numerous references to authorities, it is at once apparent that much thought and extensive research have been expended on its composition, and that it is the production of an accomplished mind. — United Secession Magazine. We think the work is calculated to be eminently useful, and we sincerely hope it may liave a cir- culation proportioned to its merit Glasgow Chronicle. The material of the publication is superior, the style is lively, and contents valuable. Such efforts are worthy of encouragement, and we hope the proprietors will be able satisfactorily to complete their undertaking. The engravings seem of a high order. We judge of the masters more than of the subjects. — Pilot. Let the publishers continue the work with the same ability as the specimen exhibits, and we pro- mise them a success equally great and as deservedly merited as that of tlie Scripture Gazetteer. — Mercury. The work is written with no ordinary degree of vigour and eloquence, and if we mistake not, will cause the author to occupy a very conspicuous place among the most accomplished writers of the present day — l^umfries Times- The volume, which is to be completed in nine of these cheap parts, will be eminently popular. — Glasgow Scottish Guardian. TVarh published bj/ Ike Edinburgh Printing and Publishing Company, Shakspcare Square, AND TO BE HAD OF ALL BOOKSELLERS. Just published, price is. Qd. THE ROMAN CATHOLIC CHURCH IN SCOTLAND. ITS ESTABLISHMENT, SUBVERSION, AND PRESENT STATE. By JOHN PARKER LAWSON, M.A. Author of " The Life and Times of Archbishop Laud," &c. The perusal of this work has left an impression, stronger than before, of the immense contrast between the practical workings of the Protestant and Roman faiths. — Constitution. The arrangement and style of the work entitle its author to no mean place in the scale of living historians, and the period which he has chosen is invested with peculiar interest, owing to recent and still engrossing discussions. — Patriot. The present work evinces considerable research, and the materials have been skilfully thrown together; but above all, the author deserves praise for the impartiality with which he has treated such a controversial topic. — Observer. This work is entirely of an historical nature, and every thing like controversy appears to have studi- ously been excluded by the autlior. As a faithful record of facts, this publication cannot fail to be found valuable, and the strict neutrality preserved from the first page to the last, is a guarantee of itself for the correctness of the narrative. Mr Lawson has not acted the part of a blind chronicler who puts down the marvellous ta\e — loculus bos — and the actual incidents of history without any dis- crimination. Altogether the work will be found useful as a simple, short, impartial, unpretending record of some of the most interesting events of Scottish history. — Berwick Advertiser, Just published, price "l.s. CHURCH AND STATE; CIVIL ESTABLISHMENT OF THE GOSPEL VINDICATED, AND THE DUTY OF SUPPORTING IT INCULCATED. By ANDREW ALEXANDER, M.A. PUOFESSOK OF GREEK IN THE UNIVERSITY OF ST ANDREW'S. We are obliged to confess that we have not read any single work upon the subject which is likely to make such an impression on the popular mind. All the leading points of the controversy are taken up and liandled in a most masterly and convincing manner, wliile there is a moral earnestness in every page which must arrest the attention, and go far to win the heart of the most prejudiced reader. We sliould like, did our limits admit of it, to give an outline of the mode of argument adopted by our Author. But, as we cannot do this, we must content ourselves with heartily com- mending the work to all our readers, as furnishing ready and powerful weapons wherewith to con- fute the gainsay er, and as, more than almost any controversial work we have read, pregnant with practical instruction. — Scotish Guardian. These discourses are to be commended for the very healthful spirit of evangelical religion which they breathe. They are well worth the reading as practical sermons, independently of their masterly discussion of the Voluntary scheme. In (he latter point of view, they are to be admired for the popular and persuasive form which the Author has succeeded in im])arting to a train of thought, which is, at tlie same time, developed with logical precision. We thought the subject had been fully discussed, but on perusal we find that there was still room, and even need for this volume. — Adver- tiser. Tl)e author has handled the subject not merely in a controversial, but a practical manner; and many passages migiit be rpioted which are distinguished by great unction, and l)reat!ie a spirit of the most fervent practical devotion. The style throughout is simple, clear, and chaste. We would strongly recommend the volume to the notice of our readers, — Aberdeen Journal, Works ptiblis/icd by the Edinburgh Printing aJid Publishing Compani/, Shakspcare Square, AND TO BE HAD OF ALL BOOKSELLERS. Elegantly done in cloth boards, gilt leaves, price Is. 6d. HISTORY OF THK SEVEN CHURCHES OF ASIA, EMBRACING THEIll PAST AND PRESENT STATE. FOR THE USE OF FAMILIES, YOUNG PERSONS, AND SUNDAY SCHOOLS. This little book, drawn up chiefly for the use of Families, Young Persons, and the Pupils be- longing to Sundag Schools, is intended to be one of a series of a similar nature, conveying infor- mation on the most iniportant historical subjects mentioned in the Holy Scriptures. The Publishers earnestly entreat the attention of those interested in the instruction of the young in the sound prin- ciples of religion, to patronize this and the other little narratives of the series which may from time to time appear, by recommtnding and encouraging their circulation among the Classes for whom they are chiefly intended. The price being extremely moderate, will also be an additional inducement. This is a well-written little work, which ought to be read as a companion to the Scriptures, espe- cially by young people. It is very handsomely got up, and will make an excellent present. — Edinburgh Evening Post. Very favourable notices of this useful work appeared in the English and Scotch Newspapers and Magazines. In one vol. \Qmo, price 5s. THE AUTOBIOGRAPHY OF MARTIN LUTHER, (Now first translated from the original.) The translator has, with acumen and ability, supplied, from original contemporary sources, and from the original works of this champion of the Reformation, " his personal history, as he appeared in public, among his friends and in his family." The work affords much novel and varied infor- mation. — Courant. ~-— -——-■■- -■ In tliis work the great reformer has exhibited a lively picture of himself in his common costume, if we may so express ourselves — his secret thoughts are here poured forth with amiable simplicity and straightforwardness ; his mind, in fact, is presented en deshabille ; and tlie reader is afforded an opportunity of viewing the man in his true and most unaffected attitude Evening Post. The work, in its plan, arrangement, and matter, is far superior to other works of a similar kind. It narrates the personal history of Luther, and in its details is calculated to interest and instruct all sorts of readers. It is not so much the memoirs of the reformer, as it is the picture of the man in his private and domestic relations, that we have here represented to us. There is a freshness and a vigour about the style which must render it doubly attractive, and the writings of the great renovator of religion, which are all in his peculiar manner, and of which some description is given in this volume, impart a charm and a value to the narrative not to be surpassed. Luther left behind him no less than eleven hundred and thirty-seven controversial tracts, treatises, commentaries, sermons, and narratives; and, in estimating the extent and importance of Mr Lavvson's labours, we must take into account the amount of research he had to undertake, as well as the talent and perseverance he brouglit with him to its accomplishment. The volume, which is well got up, forms a cheap and valu- able addition to our stores of popular and useful information. — Marylebone Journal. Just published, in royal 32mo, containing 436 pages, price only 2s. Gd. in cloth, THE NATURAL HISTORY OF THE BIBLE, WITH A BEAUTIFUL ENGRAVING OF MOUNT ARARAT. This elegant and extremely cheap prihUcation has been compiled with the greatest care from the most authentic sources ; and though primarily intended for the information of the young, it will be found a very Hseful work of reference for persons of all ages and classes of society, in consulting the Inspired Writings. Works published by the Edinburgh Printing and Publishing Company, Shakspeare Square, AND TO BE HAD OF ALL BOOKSELLERS. In Two volumes \2mo, price 13s. COMPENDIUM OF THE LAWS OF THE CHURCH OF SCOTLAND. Including Pardovan's Collections, the Form of Process, Books of Discipline, Acts of Assembly, Acts of Parliament relating to the Church, &c. &c. Also, price Ss. SUPPLEMENT TO THE COMPENDIUM OF THE LAWS OF THE CHURCH OF SCOTLAND; Embracing the Statutory Enactments of the Church since the Acts of General Assembly 1830, up to which period, from the earliest times of the Church, the Second Volume of the Compendium contained an Abridgment, or transcript of the prior Statutes. •#• The Compendium and Supplement are indispensable for the Clergy and Lay Members of our Church Courts. Practitioners in these Courts, Lawyers in general, Students of Divinity, and all who feel an interest in the history and discipline of the Church of Scotland, will find this work a safe and correct guide. In one vol. \2mo, price 3s. 6d. THE BOOKS OF DISCIPLINE, AND OF COMMON ORDER; THE DIRECTORY FOR FAMILY WORSHIP; THE FORM OF PROCESS; A^H THE ORDER OF ELECTION OF SUPERINTENDENTS, MINISTERS, ELDERS, AND DEACONS. Containing a valuable and important Body of Divinity, and embracing the Original Standards of all the Reformed Presbyterian Churches. Now, for the first time, published at a cheap rate, in a collected form. It will be seen from our advertising columns that the Edinburgh Printing Company have just published, in a collected form, the Original Standards of the Reformed Presbyterian Churches, em- bracing the two Books of Discipline, the Book of Common Order, &c., the publication of which, at a moderate price, has long been a desideratum, as well to the clergy and members of the Established Church of Scotland, as to the various bodies which from time to time have seceded or dissented Courant. We are happy to announce the publication of this body of ancient but sound divinity, which, though frequently quoted as the standards of all the Reformed Presbyterian Churches, is contained in works of very high price and great scarcity, which have necessarily been hitherto confined to the cabinets of the curious. We think the present volume highly useful, and it must be most acceptable to the Clergy, Elders, and Members of all Reformed Presbyterian Churches. — Advertiser. Now, when so much more popular influence is given to the members of the Church, directly or indirectly, it is the clear duty of every one who would use that influence wisely, to study these insti- tutes of the laws and order of our Establishment. — Fifeshire Journal, Price Is. 6d. each, JVos. I. and II. of LESSONS IN MACHINERY DRAWING; Containing a regular Series of Plans, Sections, and Elevations of the most approved and useful Machines at present in operation — such as Steam-Engines, Spinning Machines, Mills for Grind- ing, &c. ; taken from Machines of approved construction ; all adapted to working scales. Chiefly intended for the use of the Operative Machinist. By DAVID SCOTT, Engineer. ELEGANTLY LITHOGRAPHED BY LKITH AND SMITH. This work cannot fail, wc should think, to be duly appreciated by flic pul>Iic. — F/fc Herald. Works published by the Edinburgh Printing and Publishing Compunt/, Shakspeare Square, AND TO BE HAD OF ALL BOOKSKLLEKS. In Four Volumes Quarto, ANCIENT CRIMINAL TRIALS IN SCOTLAND, FKOM 1488 TO 1624, WITH HISTORICAL NOTES AND ILLUSTRATIONS, By ROBERT PITCAIRN, Esq. Published at £S, 5s. — Price of the work complete now reduced to £6, 16s. 6d. in extra boards. The Publishers need only refer to the elegant critique of this work in the Quarterly Review, by Sir Walter Scott, and the notices contained in Lockhart's Life of Scott. Just published, price 3s. BEMARKS ON THE ELEMENTS OF LANGUAGE, AND THE PHYSIOLOGY OF RESPIRATION, AS THE MEANS OF PRODUCING VOICE AND SPEECH. ILLUSTRATIVE CHIEFLY OF THE NATURE OF STAMMERING. By THOMAS BORTHWICK. TTiis work is particularly deserving the attention of Stammerers. The author was himself a martyr to the malady. The great merit of the work consists in a plain explaimtion of the physical operation of the impediment — the residt of a discovery made by the author of an improper or de- fective action of the respiratory muscles. This treatise is evidently the production of one who has studied his subject with care and success. It exhibits marks of that anxiety and minuteness of investigation with which men pursue an object of deep personal interest, for the author was himself a victim of the malady whose causes and pheno- mena he so successfully delineates. — Edinburgh Chronicle. We have reaped much pleasure and instruction from the perusal of this brief work, and have no doubt that those for whom it is specially designed will derive from the study of it real and per- manent advantage. — Glasgow Constitutional. His book is written with much ability ; his views and suggestions are entirely practical ; and we therefore cordially recommend the work to the notice of the public, earnestly pressing it upon the attention of those members of society who stand in need of advice on this subject. — Edinburgh Evening Post. The work is written in a very clear and popular style, and the author's views are evidently based on practical experience, illustrated by a scientific knowledge of the subject. — Caledonian Mercury. An excellent treatise. — Chambers' Edinburgh Journal. Just published, one vol. 16?»o, j^i'icc ^s. Gd. e.vtra boards, ANGLING REMINISCENCES. By THOMAS TOD STODDART, Esq. Advocate, Author of " The Scotish Angler," &c. &c. It will find its way into every fishinsr-basket. — Inverness Courier. Tliis work has been very favourably noticed in all parts of the United Kingdom, and has been characterized as one of the most delightful Angling books which has been published since the days of «id Jsaag WMll0n. In one vol. Svo, price 7s. 6d. THE PHILOSOPHY OF THE EVIDENCES OF CHRISTIANITY. By JAMES STEEL. To say that it is eloquently and argumcntatively written, would fall short of the truth ; it is indeed scarcely inferior to any thmg that has come from the powerful pen of Dr Chalmers himself, A «t«ady warmth glows in every page. — Brighton Gazette. Works publls/ied hi/ the Edinburgh Printing and Publishing Company, Shakspcarc Square, AND TO BE HAD OF ALL BOOKSELLERS. Elegantly printed in One very large Volume Royal Svo, .£1,1 2s. 6cf. in extra boards, or in Four Parts and a Supplement, price of each Part Is., and Supplement Si. Qd, to complete Sets of the Work, A NEW EDITION OF ERSKINE'S INSTITUTE OF THE LAW OF SCOTLAND, WITH COPIOUS NOTES, Illustrative of the Clianges in the Law to the present tiyne. By ALEXANDER MACALLAN, Esquire, Advocate, Author of the " Pocket Lawj-er," a Practical Digest of the Law of Scotland. A large Appendix, with Abstracts of Acts of Parliament and Sederunt, Standing Orders of the House of Lords, and a variety of useful information; and an Index, on an entirely new and com- prehensive plan, have been added. Title-pages are given for binding the work in Two Volmnes, if required. *^* The unanimous approbation of the Legal profession has stamped a high value on the labours of the learned Editor of tliis work ; and the present edition has been reviewed in the most favourable manner by the periodical press, both in Scotland and in England, as a work of the highest legal au- thority. The precision and correctness with which the Law and Practice of Scotland has been laid down by Mr Macallan, and the convenient and portable shape of this edition, have gained for it a very high rank among the Standard Law books of this country. The notes are replete with the most valuable matter, and contain, where an elucidation of the text requires their introduction, digests of most of the statutes and acts of sederunt regarding the law and procedure of the Court of Session, which have been recently passed. The price at which it is pub- lished brings it within the reach of every person who may wish to study or understand the law of Scotland Courant. This is assuredly the cheapest and one of the best legal works which has emanated from the press of any country, and our best thanks are due to the spirited publishers, who have run so great a risk. But, indeed, the successful performance of such a plan could not involve any real risk, when all classes are desirous of knowledge on every branch of Viterature and science — Fife Herald. The present, we will venture to assert, is the cheapest, the most accurate, and the most elegant law work which ever issued from the Scottish press. — Fifeshire Journal. The present work is assuredly the cheapest and best work on Scots Law which has issued from the press during the present century. — Glascjow Constitutional. The editor has, with equal wisdom and good taste, written his admirably clear annotations in lan- guage which cannot be misunderstood by any man of plain common sense; we should rather have said, he has studiously avoided " the pedantries of professional jargon ;" and now, for the first time, the country gentleman, the citizen, and the trader, can consult and comprehend the laws of their country without the aid of their attorney — Scottish Guardian. The business-like, clear, precise, and straight-forward annotations of Mr Macallan have given us the utmost pleasure ; and we feel assured that his Institute will ever form a vade mecum to the pro- fession, and a table-book to every well-informed person who is desirous of knowing the laws of his native country. — Glasgoiv Argus. In recommending this book to every class of our readers, we believe that, besides this institutional authority, there is no work now in print where more enlarged views are to be found of the great principles of jurisprudence; and the lovers of "the philosophical Erskine" may now luxuriate in reading their favourite author in a form equally elegant, portable, cheap, and accurate — Aberdeen Constitutional. The present work cannot fail to be equally useful to the lawyer and instructive to the student, the merchant, the country magistrate, and the citizen. The publishers deserve the highest praise for their liberal undertaking, and the unprecedentedly cheap price of this edition, which is about one-third part of that hitherto charged for similar works. — Edinburgh Chronicle Mr Macallan has with great clearness and precision, and with sound and practical legal expert- ness, given a series of annotations which we think unrivalled, and referred to the late decisions, where alterations have taken place.. — Edinburgh Weekly 'Journal. Jtist piihiishcd, price 5s. A TREATISE OF THE LAW OF DEBTOR AND CREDITOR IN SCOTLAND. By a member OK THE FACULTY OF ADVOCATES. DATE DUE #3523PI printed in USA