cal act.

The Church Court alone can create the pastoral relation between the presentee and his parish; or dissolve it, when it has been created.

The license, then, which precedes presentation, is in the power of the Church; the examination and admission which follow it, and without which presentation is ineffectual, are fully conceded to the Church; and, unless it be con.. tended that patronage itself must be either directly or indirectly abolished, the matter in dispute is reduced to narrow limits."

He then pointed out that, but for the obstacle of the illegal Veto Act, the respective rights of the patron to present, of the congregation to object, and of the Church Courts to hear, to judge, and to admit, or reject, would be clear and well-defined. In conclusion, he referred to the attempt made by Lord Aberdeen in a former Session of Parliament to compare the points in dispute by a declaratory statute, and the willingness of the Government to attempt legislation on the same principles, with the hopes of settling the existing differences, ending, however, with an emphatic avowal of the unalterable determination of the advisers of the Crown to uphold established rights against the claims of the memorialists. "The acts of the General Assembly, the Claim, Declaration, and Protest, the Address against Patronage, the Demand of the Repeal of the Statute of Anne, have unhappily diminished, so far, at least, as the Church is concerned, these reasonable hopes; and her Majesty's Ministers now understanding that

and of other patrons will satisfy the Church, are bound with firmness to declare that they cannot advise her Majesty to consent to the grant of any such demand."

Such was the main substance and tenor of this important Declaration of Government, the interesting character of which will fully justify the copious extracts which have been given. As might have been anticipated, however, it failed in the then attitude and temper of the conflicting parties to pacify the feelings, or remove the objections of those to whom it was addressed, and the crisis of the apprehended disruption now approached by rapid steps.

One of the questions on which the two parties in the Assembly were much divided, and on which also the decision of the Law Courts had been appealed to, related to the legality of certain acts of the General Assembly under which a certain class of ministers commonly styled the quoad sacra ministers, being the incumbents of Parliamentary churches, chapels of ease, and other nonparochial places of worship, were admitted to the status and privileges of parochial ministers. On the 20th January the Judges of the Court of Session announced their decisions in the Stewarton case which involved this question, delivering their opinions seriatim. Eight judges declared the law to be against the claim of the quoad sacra ministers, five pronounced in favour of its legality. Notwithstanding this decision of the Court, however, at a meeting of the Commission of the General Assembly on the 31st January, the quoad sacra ministers who

the

mission being then present, a motion by Dr. Cook to exclude, them as disqualified by law from the deliberations of that body was overruled by a majority of ninety-two votes. Dr. Cook and the minority, protesting against the illegal constitution of the Court, thereupon retired from the meeting. Dr. Candlish then moved a series of resolutions, by which propositions of Sir James Graham's letter were controverted, and a Committee was appointed to prepare a petition to Parliament on the subject of the Non-intru. sion claims. This petition was presented by Mr. Fox Maule in the House of Commons on the 7th March, when that gentleman moved for a Committee of the whole House to take the petition into consideration. This Motion led to a long debate, terminating in its rejection by 211 to 76. On that occasion Sir Robert Peel, after enforcing the views developed in Sir James Graham's letter, expressed himself in these emphatic terms:-" Should her Majesty's Government think it necessary to legislate on this question, their measure would be based on the view developed in the communication made by my right honourable friend near me (Sir J. Graham). I wish most earnestly that the impediments to the Veto Act were removed; but I do not see at present any prospect of making a satisfactory settlement of that question. My belief is, that there is abroad, both in this country, in Scotland, and in other countries, after a long series of religious contentions and neglect of the duties of religion, a spirit founded upon just views in connexion with these subjects. But

an attempt will not be made to establish a spiritual or ecclesiastical supremacy above the other tribunals of the country; and that, in conjunction with an increased attention to the duties of religion, the laws of the country will be maintained. If the House of Commons is prepared to depart from those principles upon which the Reformation was founded, and which principles are essential to the maintenance of the civil and religious liberties of the country, whether it proceeds from the Church of Rome or from the Presbyterian Church of Scotland, nothing but evil would result; the greatest evil of which would be the establishment of religious domination, which would alike endanger the religion of the country and the civil rights of man."

Great preparations were now made in Scotland for the secession of the Non-intrusionists from the Church. Members of that body perambulated the country, giving lectures, and canvassing for support for the "Free Presbyterian Church." The project, in which the celebrated Dr. Chalmers took the lead, was to collect by subscriptions a general fund to be distributed in allowances for the several Churches and their Ministers. Great efforts were made to stimulate the liberality of the people in the promotion of this object and with considerable success. the 20th March the Special Commission met and recorded a minute, reasserting the reasonable nature of the Church's claims. This document stated that the Church had always recognized the right of the State to fix the conditions of their connexion. She believed, however, that Non-in

On

ciple; she had asked for the protection of Parliament, and her claim had been conclusively rejected.

"In these circumstances, the Special Commission deem it incumbent upon them to announce to the Church and country, as they now do with the utmost pain and sorrow, that the decisive rejection of the Church's claims by the Government and by Parliament appears to them conclusive of the present struggle, and that, in the judgment of the Commission, nothing remains but to make immediate preparation for the new state of things, which the Church must, as far as they can see, contemplate as inevitable. It is true that the Special Commission have no power to bring the momentous question to a final close, but must report their proceedings to the General Assembly. They feel it, however, to be their duty, in so unprecedented a crisis, and considering the urgent necessity of preparing for the event which must be anticipated as then likely to occur, to give forth now their deliberate judgment in regard to it, and to warn the Church and people of Scotland, that, so far as the Commission can see, no course will be left for the Assembly, or for those who hold sacred the principles now at issue, to adopt, but to relinquish the benefits of the Establishment."

A public meeting was held next day, over which Mr. Fox Maule presided. The Chairman declared that they had now the final answer of Parliament, the time for advocacy was passed, and he came there to associate himself with them in the great cause of civil and religious liberty. Dr. Cand lish delivered an energetic speech,

them but to make vigorous and sys tematic preparations for the institution of the Free Presbyterian Church of Scotland, and said," whether with or without the Queen's Commission, they would have a Free Assembly in May. God grant, that immediately thereafter we may be able to show what the free Gospel is which a free Assembly are prepared to give forth. We shall, indeed, cultivate our own districts; we shall have stated congregations, with stated elders and ministers; but we shall have our tours of preaching too-our visits to all corners of the land; and I believe that yet, by God's blessing on our free and faithful preachings, in the highways and hedges, in barns and stables, in sawpits and tents, we shall yet regenerate Scotland, and have multitudes of those who are now perishing for lack of knowledge to listen to the glad tidings of salvation. Oh! this will be a blessed reward for all our agitation." Other animated speeches were delivered, breathing a similar spirit of enthusiasm.”

The election of Commissioners to the General Assembly was now looked to with much interest. Several of the Presbyteries, obeying the decision of the Court of of Sessions in the Stewarton case, rejected the quoad sacra candidates, and an expectation gained ground that the "Moderates" as they were called, would be found in a majority. The Marquess of Bute was nominated by the Crown High Commissioner. The Marquess of Breadalbane, who had for some time lent his countenance to the Non-intrusion party, was ap plied to by a member of that body to allow himself to be named one

the property of the intended new kirks was to be vested. That nobleman, however, declined to accede to the proposal of a precipitate separation, stating his intention to wait at least till the Legislature had definitively declined to provide a remedy for the existing difficulties. When, however, the secession afterwards took place, Lord Breadalbane formally announced his determination to become a member of the free Church. The 18th May, a day which will always be memorable in the annals of the Scottish Church, was appointed for the opening of the General Assemby. After the usual ceremonial of the Commissioner's levee, procession, and sermon in the High Church, the members of the Assembly proceeded to St. Andrew's Church, where their sittings are held. The Non-intrusion members as they entered, were greeted with applause from the crowded gallery. Dr. Welsh, the Moderator of the former Assembly, took the chair. He commenced with prayer, and then instead of proceeding to make up the roll, he with a few words of introduction, read a protest signed by the ministers and elders composing the Non-intrusionist portion of the Assembly. The document is of considerable length, but as the basis of so memorable a secession it is too important to be either omitted or curtailed. It was in these terms:

"We, the undersigned ministers and elders chosen as commissioners to the General Assembly of the Church of Scotland, indicted to meet this day, but precluded from holding the said Assembly by reason of the circumstances herein after set forth, in consequence of

Church of Scotland, in accordance with the laws and constitution of the said Church, cannot at this time be holden-considering that the Legislature, by their rejection of the claims of right adopted by the last General Assembly of the said Church, and their refusal to give redress and protection against the jurisdiction assumed, and the coercion of late repeatedly attempted to be exercised over the Courts of the Church, in matters spiritual, by the Civil Courts, have recognised and fixed the conditions of the Church Establishment, as henceforward to subsist in Scotland, to be such as these have been pronounced and declared by the said Civil Courts in their several recent decisions, in regard to matters spiritual and ecclesiastical whereby it has been, inter alia, declared

"1. That the Courts of the Church as now established, and members thereof, are liable to be coerced by the Civil Courts in the exercise of their spiritual functions, and in particular in their admission to the office of the holy ministry, and the constitution of the pastoral relation, and that they are subject to be compelled to intrude ministers on reclaiming congregations in opposition to the fundamental principles of the Church and their views of the Word of God and to the liberties of Christ's people.

"2. That the said Civil Courts have power to interfere with and interdict the preaching of the Gospel and administration of ordinances as authorised and enjoined by the Church Courts of the Establishment.

"3. That the said Civil Courts have power to suspend spiritual censures pronounced by the Church

against ministers and probationers of the Church, and to interdict their execution as to spiritual effects, functions, and privileges. "4. That the said Civil Courts have power to reduce and set aside the sentences of the Church Courts of the Establishment, deposing ministers from the office of the holy ministry, and depriving probationers of their license to preach the Gospel, with reference to the spiritual status, functions, and privileges of such ministers and probationers, restoring them to the spiritual office and status of which the Church Courts have deprived

them.

"5. That the said Civil Courts have power to determine on the right to sit as members of the supreme and other judicatories of the Church by law established, and to issue interdicts against sitting and voting therein, irrespective of the judgment and determination of the said judicatories.

"6. That the said Civil Courts have power to supersede the majority of a Church Court of the Establishment in regard to the exercise of its spiritual functions as a Church Court, and to authorise the minority to exercise the said functions, in opposition to the Court itself, and to the superior judicatories of the Establish

ment.

7. That the said Civil Courts have power to stay processes of discipline pending before Courts of the Church by law established, and to interdict such Courts from proceeding therein.

"8. That no pastor of a congregation can be admitted into the Church Courts of the Establishment, and allowed to rule, as well as to teach, agreeable to the insti

the Church, nor to sit in any of the judicatories of the Church inferior or supreme; and that no additional provision can be made for the exercise of spiritual discipline among members of the Church, though not affecting any patrimonial interests, and no alteration introduced in the state of pastoral superintendence and spiritual discipline in any parish, without the coercion of a Civil Court.

"All which jurisdiction and power on the part of the said Civil Courts severally above specified, whatever proceeding may have given occasion to its exercise, is, in our opinion, in itself inconsistent with Christian liberty, and with the authority which the Head of the Church hath conferred on the Church alone.

"And further, considering that a General Assembly, composed, in accordance with the laws and fundamental principles of the Church, in part of commissioners themselves admitted without the sanction of the Civil Court, or chosen by Presbyteries, composed in part of members not having that sanction, cannot be constituted as an assembly of the Establishment without disregarding the law and the legal conditions of the same as now fixed and declared:

"And further, considering that such commissioners as aforesaid would, as members of an assembly of the Establishment, be liable to be interdicted from exercising their functions, and to be subjected to civil coercion at the instance of any individual having interest who might apply to the Civil Courts for that purpose:

"And considering further, that civil coercion has already been in divers instances applied for and