Digest of rules and procedure of the inferior courts of the Free Church of Scotland : with an appendix containing forms and documents

Front matter

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PRINCETON, N. J. %

Preface

The want, it is believed, has been felt of some manual similar to that by Dr Hill, adapted to the Free Church, embodying the numerous enactments of that Church since its separation from the State in 1843, and particularly comprising a brief but comprehensive account of the court to which is committed the management of the temporalities of its various congregations. The present volume is an attempt to supply that want, and to furnish a guide especially for the use of elders and deacons, and the younger ministers of the Church, in the discharge of their ecclesiastical duties; and no effort has been spared to make the information given sufficiently precise, and in every important particular to be relied upon.

The author has been for some years conjoined with a beloved brother, — the Rev. Mr Spence of St Clement's, — in the office of clerk of one of the largest Presbyteries, and his attention has been, in consequence, much directed to the laws of the Church, and particularly to the rules which regulate the procedure of the inferior courts. In preparing the following pages, — in addition to the Acts of Assemblies and " Pardovan's Collections/' — the well-known and standard volume of Dr Hill, above referred to, and

VI PREFACE.

the useful and extremely accurate work by the Church Law Society, have been freely consulted. Some assistance, chiefly on the general plan of the volume, has been also got from the admirable little compendium drawn up by order of the Synod of the United Presbyterian Church, for the regulation of the courts of that influential body. The author has to express his obligations to his colleague, Mr Spence, for some valuable hints which the long experience and accurate business habits of that gentleman so well qualified him to give. He has especially to refer with the deepest gratitude to the important aid he obtained, while the work was passing through the press, from his much-esteemed friend and predecessor in the ministry, the Rev. Andrew Gray of Perth, who kindly revised the proof-sheets, and made numerous suggestions tending to ensure clearness and accuracy of statement. No one is more thoroughly acquainted with the Presbyterian constitution and forms than Mr Gray; and the fact that this work had the benefit of passing under the eye of so accomplished a Church lawyer, must tend to give those who consult it a confidence in its general accuracy, which it could not otherwise have commanded. It cannot, indeed, be expected to be entirely free from error, but it is believed that nothing of importance will be found misstated. On some minor points, discussed chiefly in the notes, there is room for difference of opinion among those most versed in Church law; but with regard to these, every one may be safely left to judge for himself.

With regard to the principal laws passed since 1843, the special acts in which they are embodied are quoted in the text, so that reference may be made to them if re-

PREFACE. Vll*

quired. This plan has not been so generally adopted with reference to the enactments previous to the Disruption. The mode of conducting discussions and taking votes in the General Assembly has been detailed as applicable to the inferior courts. In strict law, no Presbytery or Synod is bound to abide by these regulations ; but it is desirable that the mode of conducting business in the Supreme Court should, as far as possible, be followed in those subordinate to it, as nothing wiil be found more conducive to the right discharge of Presbyterial duties than a regular and orderly plan of procedure.

In accordance with the design already stated, the work is confined to the inferior courts of the Church ; but every thing essential to a knowledge of the functions and procedure of the General Assembly will be found scattered throughout its pages, and may be discovered by consulting the Index. Were it deemed requisite that it should embrace a more formal account of the Assembly, this could be easily supplied afterwards if the work met with general approval.

An extensive Appendix has been added, consisting of styles, forms of documents, &c. This the author believes will be found not the least useful part of the volume, and he trusts that many details there given will be found of use to his younger brethren. At the suggestion of one or two of these, there have been appended a few forms for the discharge of some of the chief duties of the pastoral office. A copious Index is furnished, which, together with the rubrics appended to the text, will make the volume easily consulted as a book of reference. Any suggestions for the improvement of the work, if a subsequent edition

Vlll* PREFACE.

should be called for, will be gladly received. The writer has only to add that while no small labour has been expended on the volume, he gladly gives it as an humble contribution in furtherance of the interests of a Church to which he feels a great and growing attachment, and as a token of affection for his fellow-labourers in the same great work, for promoting the Divine glory, and advancing the temporal and spiritual well-being of Scotland.

Contents

Page CHAP. I.— THE DEACONS' COURT, ... 7

Sect. 1. — Members: Elders, and Deacons — Deacons, their

election, permanent appointment, . . 8

CHAP. III.— THE PRESBYTERY ; How erected— Constitution -Roll, 55

Sect. 1. — Members : Teaching and Ruling Elders— Professors

of Theology — Associates, . . . .56

Sect. 2. — Officials : Moderator — Clerk — Officer — Corresponding Members of Committees, . . .57

Sect. 3. — Meetings : Public and Private — Ordinary — In Mine effectum — Pro re nata — During Synod or Assembly — Order of Procedure — Sederunt — Mode of conducting Discussions, and taking Votes — Committees — Close of Meetings — Number of Meetings, . . .59

Sect. 4. — Jurisdiction : Reviews proceedings of Sessions —

Spiritual oversight of Congregations, &c, . 64

Sect. 5.— Business: Students of Divinity — Their previous Course of Study — Preliminary Examinations by Board and Presbytery— Curriculum— Annual Examinations— Final Examination by Board — Trials for Licence, Private and Public — Nature of Discourses — Licence— Disqualification — Transference of Trials — Extract of Licence and Certificate— Vacant Congregations— Election of Minister— Moderation of Call — State of Associations— Dissent from Call — Ordination Trials — Ordination and Admission—Translation in the same, or to different Presbytery— Ordination of Colonial Ministers or Missionaries — Stations — Catechists — Sanctioning of Charges— Act of Disjunction— Churches —Manses— Professors of Theology— Colleagues and Successors— Retired or emeriti Ministers— Processes against Ministers and Probationers— Preliminary Investigation— Libel — Its Relevancy and Probation —

CONTENTS. XI*

Page Reference to Superior Courts to take Proof— Censure if Libel be Proved — Deposition — Deprivation of Licence — Fugitives from Discipline — Disputes in Congregations—Exercise of Discipline on Private Members — Reference from Kirk-Session — Restoration to Privileges or Office— Overtures — Barrier Act — Returns to Overtures sent down by Assembly— Schemes of the Church — Schools — Teachers — Examination of Teachers and of Schools — Government Aid in Education — Commissioners to General Assembly — Their Number and Election — Commissioners from Theological Faculties— Examination of Records of Deacons' Courts and Sessions — Attestation of Communion Rolls, . 65

Sect. 6. — Miscellaneous : References — Complaints — Appeals — Judgment of Presbytery, when final— Dissented from — Complained against — Appealed from — Answers to Reasons of Complaint or Appeal — General Rules anent Complaints and Appeals— In Assembly Cases— Presbyterial Visitation — Presbyterial Exercise — Admission of Ministers and Probationers from other Churches — Synod Abstract— Presbytery Record, . . 104

CHAP. IV.— THE PROVINCIAL SYNOD : How erected- Constitution— Place of Meeting, . . . 113 Sect. 1.— Members : Ministers— Ruling Elders— Correspondents, .113

Sect. 2.— Officials : Moderator — Clerk — Officer, , . 115

Sect. 3. — Meetings: Ordinary — Pro re nata — Forms of Procedure, ...... 116

Sect. 4. — Jurisdiction : Oversight of Presbyteries, and Spiritual

Interests of Church within its Bounds, . . 117

Sect. 5. — Business : First Diet — Committees on Overtures and Bills — Students recommended for Public Trials — Second Diet — Leave given to take Students on Trials — Reports from Committees — Overtures — Cases — Reports—Schemes of the Church — Diet for Privy Censures— Trial of Presbyteries — Close of Court — Record — Abstract of Proceedings, . . . 118

Concluding Note on the General Assembly and its Commission, 125

CONTENTS.

Appendix

Page

I. Forms of Minutes, ...... 129

1. Of the Deacons' Court, 129

2. Of the Kirk-Session, 131

3. Of the Presbytery, 138

4. Of the Synod, 140

II. Forms of Documents, &c., ..... 143

1. Simple mode of keeping Congregational Accounts, . 143

2. Forms of Bequest to the various Schemes of the Church, 146

(2.) Aged and Infirm Ministers' Fund, . . 146

3. Schedules for the Election of Elders and Deacons, . 147

(1.) Nomination Schedule, .... 147 (2). Election Schedule, . . . .149

4. Edict for the Ordination of Elders and Deacons, . 150

5. Narrative read previous to the Ordination of Elders and

6. Certificates of Membership, .... 152

7. Communion Roll, ..... 153

8. Commission to Ruling Elder, .... 154

9. Bona fide Certificate to Ruling Elder, , . . 155

10. Oath (or declaration) de fideli, .... 155

11. Oath (or declaration) by a Witness, and his Purgation, 155

12. Oath of Purgation, 156

13. Certificate to Student of Divinity from his Minister, 156

14. Circular Letter, ...... 157

15. Extract or Certificate of Licence, . . . 157

16. Presbyterial Certificate to Probationer, . . 158

17. Declaration of Pastoral Charge Vacant, . . 158

18. Intimation by Presbytery, appointing the Moderation of

a Call, 159

19. Forms of a Call :

(1.) In case of calling a Minister. . . . 160

(2.) In case of calling a Colleague and Successor, . 160

Concurrence by Adherents in Call, . • 160

Attestation, . . . . .161

20. Edict previous to Ordination or Induction, with Certificate

of its being Served, ..... 161

21. Form of Libel, and Citation of Party or "Witness, . 162

22. Form of Overture, 164

CONTENTS. Xlll*

Page

23. Commission to Corresponding Members of Synod, . 165

24. Certificate of Attendance of Corresponding Members, . 165

(1.) Baptism— Order of tbe Service, . . • 166

(2.) Lord's Supper, do. do., . . .167

(3.) Marriage— Form of Celebration, . . 169

(4.) Ordination or Induction Service, . . 170

(5.) Form of Visiting-book, and of Pastoral "Visitation, 171 (6.) Burial of the Dead, .... 173

(7.) Form of Absolution by Moderator of Session or Presbytery, ...... 173

(8.) Elder's District Boll, . ... .174

(9.) Monthly return of Sabbath-school Attendance, 174

III. Declaratory Act anent Election of Office-bearers (Assemb.

IV. Questions to be put before Ordination to Elders and Dea-

cons (Assemb. 1846, xii.), .... 178 V. Questions to be put to'Probationers before they are Licensed

to Preach the Gospel (ut supra), . . . 180

VI. Questions to be put to Probationers before Ordination, and also to a Minister already ordained ab his Admission to a Pastoral Charge (ut supra), . . . 182

VII. Formula (ut supra), ..... 184

VIII. Extract from the Eeport on the Form of Process (Assemb.

1855), 185

IX. Brief Abstract of Overture anent Schools and Education

X. Present Arrangement for Theological Study at Edinburgh

and Aberdeen, ..... 189

XL List of Synods, including the Presbyteries within the Bounds of each, and the Times of their Meeting, and Correspondents, ...... 190

XII. Condensed Abstract of Schedule for Examination of Presbyteries, adopted by the Synod of Aberdeen, . . 193

XIII. Standing Orders of the General Assembly (1853, viii., and

XIV. "Widows' and Orphans' Fund, .... 204 XV. Brief Notice of the Scottish Begistration Act (17 and 18

CHRONOLOGICAL LIST

ACTS OF ASSEMBLY REFERRED TO.

1694, xvii. — Act anent Exercise and Addition, &c.

1697, ix. — Act anent the method of passing Acts of Assembly of general concern to the Church, and for preventing of innovations. — (Barrier Act.)

1700, ix. — Act anent revising of the Registers of Church Judicatories.

1706, ix. — Act anent Eegisters.

1707, xi. — Form of Process with respect to Scandals and Censures.

1722, ix. — Act concerning the Duty of Elders and Deacons.

1813, viii. — Act respecting the Licensing of Probationers, printed,

as amended, in Acts of Assembly 1854, p. 164-168. 1816, x. — Act anent the Ordination of Elders.

1836, x. — Act anent Hebrew Exercise.

1837, viii.— Act anent the Annual Examination of Students of

Divinity.

1838, xii.— Act anent the Appointment and Ordination of Pro-

fessors of Theology. 1842, x. — Act anent the Election of Elders (repealed). 1843 (May), v. — Regulations and Resolutions as to the administration of the Funds for supplying Ordinances, and as to the Appointment of Deacons, &c. ,, xix. — Act anent the Interim Supply of Ordinances.

„ (Oct.) vi. — Interim Act anent Election of Office-bearers, printed

in the Appendix, No. III. ,, x. — Act anent Synodical Arrangements.

,, xii. — Act anent Representation of Presbyteries in the Gene-

ral Assembly.

XVI* CHRONOLOGICAL LIST OF THE

1844, ix. — Act anent the Poor.

,, xiii. — Standing Orders anent the Transmission of Overtures.

,, xv.— Overture and Interim Act anent the Duties of Elders

and Deacons, and on the Management of the Property and Secular Affairs of Congregations.

„ xviii. — Act anent the Trust-Deed.

„ xxvi. — Act Appointing Trustees for behoof of the Pree Church.

1845, xvi. — Act anent the Widows' Pund Scheme.

„ xxxv. — Act anent the better Supply of the Means of Grace in the Highlands and Islands.

1846, iii. — Act anent the Widows' and Orphans' Scheme.

,, vii. — Act anent the Duties of Elders and Deacons (same as

1844, xv.) ,, x. — Act anent the Moderating in of Calls.

„ xii. — Act anent Questions and Formula.— (See Appendix,

No. IV.-YII.) ,, xiii. — Act anent the Education Scheme. „ xiv. — Declaratory Act anent Election of Office-bearers (same

as 1843, October, vi.)

1847, iii. — Act anent the Education Scheme.

,, iv. — Act anent the Government Scheme of Education.

„ xii. — Act anent the Sanctioning of New Charges.

,, xiv. — Declaratory Act anent Deacons' Courts and Kirk-Sessions.

,, xvii. — Declaratory Act anent the Constitution of Presbyteries, and their Representatives in the General Assembly.

1848, vii. — Standing Order anent Presbyterial Returns to Over-

tures. „ x. — Act anent the Education Scheme.

„ xvi. — Act anent Acceptance of Calls (repealed 1854). ,, xvii. — Declaratory Act anent Church-door Collections and

Ministers' Supplements.

1849, vi. — Act anent Translations.

„ vii. — Act anent the Sanctioning of New Charges.

,, x. — Act anent the Education Scheme.

1850, iv. — Act anent the Sustentation Fund.

„ viii. — Act anent the Admission of Ministers and Probationers

from other Churches. ,, ix. — Standing Orders anent Elders' Certificates, and Returns

to Overtures. „ Appendix of Acts,— Titles Act (13 Vict., c. xiii.)

1851, iii. — Act anent the Sustentation Committee.

„ viii. — Act anent the Widows' and Orphans' Pund.

„ xi. — Act anent the Education Scheme.

„ Appendix of Acts,— Model Trust-Deed.

ACTS OF ASSEMBLY REFERRED TO. xvii*

1852, iv. — Act anent the Curriculum and Course of Study.

,, v. — Act anent the Constitution and Government of the Col-

lege.

„ vi. — Act anent the Form of Process in respect to a Minis-

ter, &c.

„ vii.— Act anent engrossing Students' Certificates at length on

Minutes of Presbytery.

1853, iv. — Act anent Complaints and Appeals not sisting Procedure

in cases of Libel against a Minister.

„ v. — Act anent Judging as to the Relevancy, &c.

„ viii.— Standing Orders of the General Assembly.— (See Appendix No. XIII.)

1854, v.— Act anent the Year of Probation, and the taking the

Students on Trials. ,, vii. — Declaratory Act anent Students' Certificates.

„ viii. — Act anent Correction of a Libel by the General Assembly. „ ix.— Act anent Reference by the Presbytery, &c.

,, x. — Act anent Reference to Superior Courts, &c.

1855, iv. — Act anent Curriculum of Study for Students of Divinity

at Aberdeen.

,, vi. — Act anent Theological Faculty in the New College,

Edinburgh.

„ viii.— Standing Order anent Minutes of Standing Committees and Meetings of Committees of Assembly.— (See Appendix No. XIII.)

„ ix.— Act anent Applications for Appointment of Colleagues

and Successors.

„ x.— Act anent Collections for the Missionary and Educa-

tional Schemes of the Church.

Appendix of Acts,— General Trustees of the Free Church.

DIGEST, &o.

Chapter I. The Deacons' Court

1. This body was called into existence shortly after the constitu- Disruption in 1843, for the purpose of managing the secular affairs of congregations. The principal act which describes its functions is that of Assemb., May 1844, xv., which finally became the law of the Church, by Assemb. 1846, vii. In this act it is said that this body " may be called the Deacons' Court ;" and this name accordingly has been universally adopted. Deacons have existed from the earliest times (see Acts vi., and 1 Tim. iii.), and they were actively employed in the purest periods of the Church of Scotland, chiefly in attending to the wants of the poor ; but in the Free Church only have they been embodied along with the elders in a distinct court, for the management of the temporalities of congregations.

2. The peculiar duties of deacons are thus stated Duties of

De$icon8.

(Assemb. 1846, vii.) : — (1.) To give special regard to the whole secular affairs of the congregation ; (2.) To attend to the gathering of the people's contributions for the sustentation of the ministry, and to receive the donations made for other ecclesiastical purposes ; (3.) To attend to the congregational poor ; and, (4.) To watch over the education of the children of the poor. Along with the elders they may receive the Sabbath collections * of the people, according to such arrangements as may be made by the Deacons' Court. It is their duty to visit periodically the districts assigned to them, and to cultivate an acquaintance with the members and adherents of the Church resident therein. When a sufficient number of deacons cannot be had, the elders may be employed as deacons ; while, on the other hand, the deacons may assist the elders with their advice, whether in session or otherwise, when required so to do. According to Pardovan (book i. title 8, § 3), the deacons may be employed to provide the elements, to carry them, and serve the communicants at the Lord's table. While the .Deacons' Court now provides the elements, the latter duties are now universally discharged by the elders; but in case of deficiency in point of number, it is competent for the deacons still to be employed for these purposes.

Section 1. — Members

Members. 1. The members of the Deacons' Court are, (1.) The

Minister or Ministers of the congregation ; (2.) The Elders or Members of the Kirk-Session ; and, (3.) The Deacons.

* It is perhaps well that elders as well as deacons should share in this duty, in order to do away with an impression which seems to linger in some places, that anything connected with money matters is out of the province of the elders. It must never be forgotten that the elders are also deacons ; and elders should make it a matter of conscience to attend regularly the meetings of the Deacons' Court.

MEMBERS. 9

According to the theory of the Presbyterian Church, the greater office involves the less : the ministers and elders are therefore deacons, and, as such, sit and act as members of this court. All the members are thus deacons, and have equal rights, and hence the appropriateness of the name — the Court of Deacons. The minister or ministers are the teaching elders of the congregation ; and their election is described under the chapter devoted to" the Presbytery. The ruling elders are fully described under the next chapter on the Kirk Session. It only remains here to speak of the deacons strictly so called.

2. The deacons are elected by the members of the con- Election of

Deacons.

gregation in any way deemed most convenient. There is no minute and detailed directory for their election ; but the general principles on which it is to be conducted are laid down in the Act of Assembly, Oct. 1843, vi., and enacted Assembly 1846, xiv.* The election may be made at a general congregational meeting, presided over by the minister, or by means of schedules,! duly filled up by the communicants, and handed in to the Session ; which body takes the whole charge of the election, by determining when an election is required, judging of the qualifications of the persons elected, and finally ordaining those elected, accepting, and qualified. J The qualifications of deacons are described in the passages of Scripture above referred to, and are stated in the Books of Discipline to be similar to those of the ruling elders. — (See Chap. II., Sect. 1.) After being duly elected, the steps are to be gone through which will be described afterwards in the case of elders. Their

* This act is printed at length in the Appendix No. III. f See a convenient form of schedule in Appendix No. II., 3. J See forms of procedure in Appendix No. I., 2.

THE DEACONS COURT.

Permanent office-bearers.

ordination is similar in every respect, only substituting the word "deacon" for "elder." The deacon was at first elected to discharge the active duties of the office for a year — with power to be re-elected ; but now when elected he holds office till removal, death, or deposition.

Section 2. — Officials

Officials. 1. Besides an Officer, who is generally the church-officer,

and who waits upon its meetings and executes its orders, the officials of the Deacons' Court are, (1 .) The Chairman or Moderator ; (2.) The Clerk ; and, (3.) Two Treasurers.

Chairman. 2. The Minister, when present, is Moderator or Chairman. Where there are colleagues, they may preside either alternately, or according to any arrangement mutually agreed upon; and when the one presides, the other, if present, sits and votes as an ordinary member. In the absence of the minister, any member of the court, whether elder or deacon, may be elected by the meeting as chairman. The minister when presiding, or the chairman thus elected, has not a deliberative, but simply a casting vote in case of equality.

cierk. 3. The Clerk is elected by the court, and is generally

one of its members. He may have such a salary as is agreed upon. His duty is to keep an accurate roll of the members, and a faithful record of all their proceedings, to be engrossed in a book provided for the purpose.

Treasurers. 4. The Treasurers are elected by the court, and are always members thereof. They are two, — (1.) The General or Congregational Treasurer, whose duty it is to keep the whole accounts of the congregation, and to receive and disburse all its moneys, except the Sustentation, Educa-

MEETINGS— JURISDICTION. 11

tion, and Missionary Funds ; (2.) The 'Associational Treasurer, whose duty it is to receive all the moneys raised by the associations for the Sustentation of the Ministry, for Education, and Foreign Missions, and transmit the same monthly, or otherwise, to the General Treasurer of the Church in Edinburgh.

Section 3. — Meetings

1. The Deacons' Court meets as often as is necessary, Meetings,

how con-

and is convened by citation from the pulpit, or by personal vened. notice to the members. It is convenient to have a fixed time of meeting — e.g., once a month ; but a meeting may be called at any time by the authority of the minister, or at the requisition of any three members, addressed to the minister, or, during a vacancy, to the clerk.

2. Three members — i.e., two and a chairman — consti- Quorum, tute a quorum. Every meeting is opened and closed with prayer, and this must be stated in the record. The meeting does not commonly adjourn, like that of the Presbytery,

from one sederunt to another ; but when the business is finished, it terminates, and is convened again either at the usual fixed time, or at any intermediate period, in the way above related.

Section 4. — Jurisdiction

1. This court has the charge and management of the Juri diction. whole property belonging to the congregation, including ■>

church, session-house, manse, school-buildings, &c, and of all its secular affairs, including, of course, the appropriation of seats, with the determination of all questions relating thereto ; and it is the province and duty of said court to transmit to the General Treasurer of the Church the sums contributed to the Sustentation Fund, and to apply the remaining congregational funds, in fitting proportions, to the support of the minister, the payment of the salaries of the various subordinate functionaries, and the defraying of all necessary charges connected with the property or with the dispensation of Christian ordinances ; to apply, moreover, any surplus which may thereafter arise to religious, ecclesiastical, educational, or benevolent objects ; likewise to make special collections at the church-door for the temporal relief of poor members of the congregation, and for the education of the children of the poor ; and, finally, to receive the deacons' reports of their proceedings, to give them such advice and instructions as may be required, and to decide as to the payments to be made by them for the relief of the poor and the education of youth. — (Assemb. 1846, vii.) The business to be transacted consists, therefore, in the administration of the funds, and property, and temporal affairs of the respective congregations. — (Assemb. 1847, xiv.) Local Trus- 2. The members of this court are the Local Trustees, in

tees.

whom the property of the congregation is vested and held for it as connected with the Free Church. There is a model trust-deed, after which all title-deeds of Free Church property are to be executed. (See the Model Deed in the Appendix to Assembly Acts, 1851.*) Provision is also made for the disposal of the property of the Church,

* See also the Titles Act (13 Vict., c. xiii.), printed in the Appendix to Assembly Acts, 1850. In accordance with the provisions of this act the trust-deed is drawn up.

JURISDICTION. 13

in the event of a disruption, by Act xviii., Assembly 1844. A list of the surviving and accepting General Trustees of the Church will be found in Assembly Acts, 1855, p. 238. See also Assemb. 1844, xxvi., and 1852, p. 460.

3. The Deacons' Court has also the right of giving or Rights, withholding the use of the church, or other ecclesiastical buildings, for meetings not strictly of a religious, ecclesiastical, or charitable nature. In all other cases, and especially when divine service is to be performed, the church is solely at the disposal of the minister. The church-officer and door-keepers are appointed or dismissed

by this court. In the Act anent Deacons' Courts, there is no mention made of the election of the Precentor, and it Precentor. is doubtful to whom this right now belongs. Originally the precentor appears to have been simply the minister's substitute for conducting one part of public worship ; and he was generally the session-clerk or schoolmaster. His election would therefore naturally devolve on the minister; but in practice it is found expedient to give the congregation a voice in the election of this functionary. The usual way is for the Deacons' Court to make out a leet of three or more candidates qualified for the office, from among whom the members of the congregation, at a meeting held for that purpose, may elect a precentor.*

4. In most cases, the Deacons' Court has the right of Congrega-

tional

electing the Congregational Teacher ; and if so, he is Teacher. under its jurisdiction, and the regulations of the school as to fees, &c, devolve on it. The teacher, when elected,

* As to the mode of conducting the part of divine worship that devolves on the precentor, and other matters connected with his office, the jurisdiction obviously lies in the Kirk-Session.

THE DEACONS COURT.

Special collections.

Seat rents.

requires to be examined by the Presbytery, and the appointment to be minuted and confirmed by that court.* Deacons' Courts are at liberty to avail themselves of the advantages to be derived from conforming to the Minutes of the Privy Council on Education. (Consult the Kesolutions of the Assembly on this subject, 1847, iv. See also Acts, 1847, p. 50, and 1849, x.) The Assembly has declared that there is no valid objection on principle in the way of accepting aid from public grants given unconditionally and freely for the support of schools. The Education Committee is instructed, along with Presbyteries, to give advice to such parties as may wish to apply for grants. Every congregation, or other party within the spiritual jurisdiction of the Church, is expected to consult the Presbytery and the Education Committee before applying to the Privy Council for any grant, either for building schools, or assisting to maintain them ; and before accepting the same, care must be taken that nothing in the terms of acceptance be contrary to the principles of the Church, or her rights with regard to her schools. To all these schools her Majesty's inspectors are freely admitted ; and one or more inspectors are specially appointed by Government for visiting annually the Free Church schools connected with the Privy Council scheme.

5. To the Deacons' Court belongs the right of making collections at the church-door, especially for the poor, or the education of their children, besides those appointed by the General Assembly, or recommended by the other courts. It alone determines whether seat-rents are to