IMAGE EVALUATION
TEST TARGET (MT-3)

i ^j^

ij^

1.0

I.I

IAS 12.8 1 2.5
Ui Ui& 12.2

^ UK

y£

1.25 1 ,.4

.« 6"

►

PhotograpHc

SdSces

Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

: ^.

CIHM/ICMH

Microfiche

Series.

CIHM/ICIVIH
Collection de
microfiches.

Canadian tnstitute for Historical Microreproductions / institut Canadian de microreproductions historiquas

Tochnical and Bibliographic Notaa/Notas tachniquaa at bibliographiquaa

Tha Instituta has attamptad to obtain tha baat
original copy availabia for filming. Faaturta of thia
copy which may ba bibliographicaliy uniqua,
which may altar any of tha imagaa in tha
raproduction, or which may significantly changa
tha usual mathod of filming, ara chackad balow.

□ Colourad covara/
Couvartura da coulaur

r~~| Covars damagad/

D
D

Couvartura andommagte

Covars rastorad and/or laminatad/
Couvartura raataurte at/ou pailiculte

I — I Covar titia missing/

La titra da couvartura manqua

I — I Colourad maps/

Cartas gtegraphiquas 9n coulaur

Colourad ink (i.a. othar than blua or black)/
Encra da coulaur (i.a. autra qua blaua ou noira)

□ Coloured plataa and/or illustrations/
Planchaa at/ou illustrationa wt coulaur

Bound with other material/
Ralii avac d'autrea documents

Tight binding may causa shadows or distortion
along interior margin/

La re liura serria paut cauaar da I'ombre ou de la
distorsion le long de la marge intirieure

Blank leaves added during restoration may
appear within tha text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanchaa ajouttea
lore d'une restauration apparaissent dana la taxte.
mais. lorsque cela 6tait possible, ces pages n'ont
paa it* filmAas.

Additional comments:/
Commentaires supplAmentaires;

TN
toi

L'lnstltut a microfilm* le meilleur exempiaire
qu'il lui a it* possible de se procurer. Les ditaiis
da cet exempiaire qui sent peut-Atre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite. ou qui peuvent exiger une
modification dana la mithoda normeie de filmage
sont indiquis ci-dessous.

r~| Coloured pages/

Pagea da couleur

Pagae damaged/
Pagea andommagias

Pages restored and/oi

Paf;es rastaurias at/ou pailiculAes

Pages discoloured, stained c foxe<
Pages dicoiories. tacheties ou piquies

Pages detached/
Pages ditachies

Showthrough/
Transparence

Quality of prir

Qualiti inigale de I'impression

Includes supplementary materii
Comprend du material supplimentaire

Only edition available/
Seuie Edition disponible

I — I Pagae damaged/

I — I Pages restored and/or laminated/

r~7] Pages discoloured, stained c foxed/

r~| Pages detached/

rri Showthrough/

I I Quality of print varies/

r~1 Includes supplementary material/

rn Only edition available/

Thj
poi
oil
filn

the

Bio

oth
firs
sioi
or

Thi
aha
Tl^
wh

enti

befl

rig»

req

mei

Pages wholly or partially obscured by errata
slips, cissues. etc., heve been refilrned to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont M fitmies A nouveau de fapon A
obtenir la meilleure image possible.

This item is filmed at the reduction ratio checked below/

Ce document est filmi au taux de reduction indiqui ci-dessous.

10X

14X

18X

22X

26X

30X

12X

16X

20X

a«x

28X

3.1X

Th« copy fllmsd h«r« hm b««n raproducsd thanks
to th« g«n«roalty of:

Douglas Library
Quasn's Univarsity

L'axamplaira fllmA fut raproduit grlca i la
gAnAroaitA da:

Douglas Library
Quaan's Univarsity

- f>v

Tha imagaa appaaring hara ara tha baat quality
poaslbia considaring tha condition and iagibility
of tha original copy and In kaaplng with tha
filming contract apacif ioations.

Original coplas in printad papar covara ara fiimad
baglnning with tha front covar and anding on
tha laat paga with a printed or illuatratad impraa-
sion, or tha back covar whan approprlata. All
othar original coplaa ara fiimad baglnning on tha
first paga with a printad or illuatratad impraa-
sion, and anding on tha last paga with a printad
or illuatratad imprassion.

-' y

Las Imagaa auivantas ont 4t4 raprodultas avac la
plus grand soin, compta tanu da la condition at
da la nattatA da l'axamplaira fllmA, at an
conformM avac las conditions du contrat da
fllmaga.

Las axamplairaa orlginaux dont la couvartura an
paplar aat imprlm^a aont filmAa an commandant
par la pramiar plat at an tarmlnant soit par la
darnlAra paga qui comporta una amprainta
d'Impraaalon ou d'liluatratlon, aolt par la sacond
plat, aalon la cas. Toua las autraa axamplairaa
orlginaux sont filmAs an commandant par la
pramlAra paga qui comporta una amprainta
d'Impraaalon ou d'illuatration at an tarmlnant par
la darnlAra paga qui comporta una taiia
amprainta.

Tha last raeordad frama on aach microficha
shall contain tha symbol —»■ (moaning "CON-
TINUED"), or tha symbol ▼ (moaning "END"),
whichavar appiia^

Un das symbolas sulvants apparaftra sur la
darnlAra imaga da chaqua microficha, salon la
cas: la aymboia — ► signifia "A SUIVRE", la
symbols ▼ signifia "FIN".

Maps, platas, charts, ate, m^y ba fiimad at
diffarant reduction ratios. Those too large to be
entirely included In one exposure are filmed
beginning in the upper left hand corner, left to
right and top to bottom, aa many frames as
required. The following diagrams illustrate the
method:

Les cartea, planches, tableaux, etc., peuvent Atre
flimte A das taux da reduction diff Arents.
Lorsque le document est trop grand pour Atre
reprodult en un aeul cllchA, ii eet fiimA A pertir
de I'angle supArieur gauche, do gauche A droite,
et de haut en bas, en prenant le nombre
d'imagea nAcessaire. Lea diagrammes sulvants
lllustrent la mAthode.

FREE CHURCH OF SCOTLInD.

»<i

NO. ft.

E MERITS OF THE CASE.

*r-^

■4r

BEING

AN ADDRESS

BY OR. M<KAY. OF DUNOON, ¥0 HIS PARISHIONERS, IN,

THE YEAR 1840, ^ "^ *

p rAN ORIGINAL APPENDIX,

.^.'yK.'.^^/'f^

ILLUSTRATIVE OF THE PROGRESS OF THE CONTROVERSY,

SINCE 1840.

. S^-

Read and Circiilate !

'< «». .'" >s^

-^fe :

.:D .:- .

MONTREAL

JOHN C. BECKET, PRINTER AND PUBLISHER
SAINT PAUL STREET*

1844.

^•'it

■•'>.S" ^ ■■ . . ' -.. ^

,^ « » ,' V,.' .* , .•," .-

F/oa*?)

)?4^F

8" -

'Vk9,"2-

- (■■•■ ,

;->■'

the

par

per

thej

iish]

circl

XtK

gen^

to oJ

singl

tantf

genel

of fill

.'♦

,y">-

r.-Jl4^

'■•.I
1 1 .

■• , 1'^

PREFATORY NOTE.

The following Pamphlet is from the pen of Dr. M'Intosh
M'Kay, of Dunoon, well known not only as a pious Minister of
the Gospel, but as a profound and accomplished scholar. It was
addressed to his parishioners, at 'a comparatively early period of
the church controversy, viz. in the year 1840, when ana^;3>eal was
being made to Parliament by the parishes of Scotland, for pro-
tection against the despotic decisions of the Court of Session.
The grossest misrepresentations, with regard to the views and
purposes of the Evangelical majority in the church, who stood in
defence of the rights of the Christian people, had been zealously
circulated ; and in wide and remote parishes, where the inhabitants
had few opportumties of meeting together, these false accusations
were in danger of being believed. To disabuse the minds of the
people, the faithful pastors were under the necessity of convening
their parishioners, and explaining to them the real state and
merits of the question. These meetings, which were held in the
parish church or school house, having been in many cases dis.
persed by interdicts from the civil courts, served on them after
they had assembled, the ministers had no alternative but to pub.
lish the information they had intended to communicate. In these
circumstances, the following address was originally composed.
It is expressed in a style the most simple, and best adapted to the
generality of those for whom it was written. It has been selected
to occupy an early place in this series, as calculated to exhibit a
singularly clear and correct view of the first stages in this impor.
tant controversy.

A few detached passages have been omitted, as not being of
general application. An appendix has been added, with the view
of filling up the outline of the narrative since the year 1 840, by a

f « 8754

iMR

Hr.

niFATORT NOTB.

brief notice of some of the moit prominent cases which have oc-
curred since that period. It will thus be seen how the minor
point, or claim of jorisdiction concerning patronage, gradually
brought the great principle — that the Lord Jesus Christ has a right
to rule in his own house, by means of his own appointing, to be
invaded and denied ; and how imperative it is on every Christian
Church to resist the beginnings of encroachment on her spiritual
rights — to defend the outworks to the last, if she would have the
citadel rest secure.

w..>

» • » • .

AN ADDRESS,

BT Rev. Dr. M<KAT, OF DUNOON, TO HIS PARISHIONERS.

■It i

You all understand the meaning of Patronage — a certain
person having a right, by the law of the land to appoint
a Minister to a Parish. But mtisi the Parishioners
receive any Minister, just because the Patron has
appointed him ? Many think that they must. But
that is not the law of the Church ; nor has it been the
law of the land. This I shall endeavour to make plain
to you.

From the beginning of the Church of Scotland, the
law of Patronage existed till the year 1690. But the
Church of Scotland always held Pnd expressed it as a
law of her own, drawn from the word of God, as all her
laws are, << That no Minister shall be intruded into a
Parish contrary to the will of the Congregation." Now
this law of the Church was agreed to by the King and
Parliament of Scotland ; and then it became the law of
the land, as much as the law of the Church. It was
indeed oflen called in question by Kings and rulers, who
wished to alter this law, and many other laws, desiring
the Church should obey the will of the King in all
things. But though Kings and rulers did sometimes, in
generations past, even change the laws, the Church of
Scotland always did maintain, and much did our fore-
fathers suffer in maintaining it, that no earthly King

ff^Pviw

must rule the Church ; but that it must be ruled by the
word of God, according to the will and laws of its
Great King and Head, Jesus Christ.

Many of you know that the same Kings reigned over
both England and Scotland, long before England and
Scotland were joined together into one kingdom. Till
they were joined together by what is called the Union,
in the year 1707, Scotland had its own Parliament, and
that Parliament, with the King, made the laws of Scot-
land ; while the Parliament of England, with the King,
made the laws of England.

Now, in the year J 690, when King William III.
came to be King of England and Scotland, he made
a law, together with the Parliament of Scotland, that
Patronage in Scotland should come to an end, and that
Ministers should be chosen in this way : — When a
Parish became vacant, the Heritors and the Elders
should choose a Minister for the Parish. Then the
people heard that Minister preach, perhaps more than
once, or twice J and if the Members of the Church in
that Parish, or the greater number of them, were content
that this Minister had gifts suitable for the Parish, then
he was settled as the Parish Minister, the Members of
the Church, or the greater part of them, giving him a
Call. This was the way of choosing Ministers in
Scotland, from the year 1690 till the year 1707, when
the Union between England and Scotland made one
kingdom of the two, and Scotland had no longer a Par-
liament of its own.

Mark this, however ; it was made a condition in the
Union, that the Church of Scotland should continue, in
all time to come, to be the same as it then was, and to
have the same laws as it then had.

r the
if its

over

1 and
Till

^nion,

[, and
Scot-
King,

n HI.
made
d, that
id that
^hen a
Eldera
len the
►re than
urch in
content
ih, then
ibers of
him a
ters in
', when
tde one
fr a Par-

in in the
Itinue, in
Is, and to

But very soon a change was made, notwithstanding.
In the year 1711, a law was made hy the Parliament,
and Queen Anne, that Patronage should be put again in
the same way as it was before the year 1690. The
law now came to be this — that, instead of the Heritors
and Eiders of a Parish choosing a Minister for the Pariiiih,
a Pa^roTi should choose and appoint the Minister. But
observe, and mark it well, this law of Queen Anne
appointed, that when the Patron had sent a Minister
to a Parish, he must be heard by the Congregation,
and just in the same way, as when the Heritors and
Elders choose him, the Members of the Church in the
Parish, or the greater part of them, must be satisfied with
his gifts, and give him a Call before he could be placed
as the Minister of that Parish.

If vou bear in mind that that is the law of the land
to this day, you can easily see how it agrees with
the law of the Church, which says, " that no Minister
shall be intruded, or put in, to a Parish, contrary to the
will of the Congregation,

Now, you will ask. Has this law always been kept,
when Ministers were put in ? I answer. No. It was
not. But that was not the fault of the law itself. Nor
was it the fault of the people. And the Court of
Session took nothing to do with it. It was just the fault,
and, in my opinion, the great Sin, of the Church itself;
and not of the Members of the Church, but of the Mini-
sters of the Church in particular, and of many of its
Elders also.

1 shall endeavour to tell you how this evil came in.
It was in this way — When a Minister wns named by a
Patron to a Parish, he gave his Presentation in to the
Presbytery. He was ordered by the Presbyterj'^ to

preach in that parish. Well, if the Congregation, or the
Members of tiie Church in that Parish, felt that this
man's gifts were not of a kind to be useful to them, or that
he did not preach the Gospel in a way to edify them —
when the day came for giving the Cally according to the
law of the Church, and the law of the land — the Con-
gregation, or the greater part of them, told the Presby-
tery, We are not satisfied with this man's gifts ; we do
not think he will edify our souls : the Presbytery might
say to them, What can you prove against him? We
have examined him, and find him a good scholar, and
we know these things ; and we surely know the Gospel
better than you, the people, can know it. Have you
any objection to this man's learning, or to his moral
character ; or can you prove that he preached to you
anything contrary to the Bible ? If you cannot prove
any thing of that kind, you see, he has the Presentation
from the Patron, and we, the Presbytery, must put him
in. That was the way.

But, you will ask me again. Why did not the Parish-
ioners complain of this to a higher Court than the Pres-
bytery — to the General Assembly ? So they did, and
very often. The people of many a Parish in Scotland
did so. But when, in the General Assembly, there was
a greater number of Ministers and Elders who took
the side of the Patrons, than the side of the people,
when it came to the vote, the stronger side got the better
of the weaker side, and ordered the Minister to be put
in, whether the Parishioners were pleased or not ; and
many a time a Presbytery had to get soldiers wilh them,
when the peo[je's discontent was great j and the Minis-
ter was often put in at the point of the bayonet. Now,
when this happened in one parish after another, the
people of other Parishes began to see that it was in vain

)rthc
t this
rthat
em —
to the

Con-
resby-
ve do
might
We
r, and
Grospel
ve you

moral
to vou
L prove
ntation
ut him

Pansh-
16 Pres-
iid, and
Scotland
ere was
10 took
people,
le better
be put
lot; and
iih them,
le Minis-
Now,
►ther, the
IS in vain

for them to complain to the General Assembly at all ; and
in this way, the real law came to be almost forgotten
entirely, and perhaps many of yourselves do not know,
or did not tiU now, what the real law was, or is. Ml the
Ministers however of every Presbytery, or all the Minis-
ten and Elders sent every year to the General Assembly,
never agreed to this mode of settling Ministers ; but those
who did agree were the greater number, and they had the
command. This way of putting in Ministers began, more
or less, upwards of a hundred years ago. Indeed, it is
nearly that time since the Ministers and Elders, whotook
the side of the Patrons, had the upper hand completely in
the General Assembly, and in the greater number of the
Presbyteries in Scotland. But the weaker party were
always complaining of this method of settling Ministers ;
and by and by they began to be more numerous in the
Church ; till, to make a long story short, in the year
1834, they were a majority ; and they then declared
openly, what the law of the land and the law of
the Church was ; and they made certain Regulations
to prevent, in all time coming, the intrusion of Minis-
ters contrary to the will of the Congregation. They
made no new Law, as some will tell you they did 3
but just declared what the real old Law was, which
had been so much trampled under foot ; and they made
regulations according to which that real law was now to
be obeyed in the placing of Ministers.

The substance of these Regulations was this ; and
mark it well : — ^Just, that when a Patron gives a Pre-
sentation, the Presbytery appoints the Minister who has
got that Presentation, to preach in the Parish two, or
three Sabbaths, or even more j and then, when a day is
named for giving the Call, (and the Parish has full
notice of it,) if the greater number of the Male Heads of

Families in the Parish who are Members of the Church)
come forward, and declare solemnly on their conscience,
that they think and feel, that they and their families
cannot be edified by this Minister, who has got the
Presentation ; then, that the Presbytery must not put
him in, and the Patron must appoint another. But
what if that other is no better 1 Just the same thing
over again. Now, this privilege is what has been called
the Veto Law. By these Regulations, you will see
that the people of the Church of Scotland had got back
the rights which the Law of the land had given them, as
well as the law of the Church ; but of which they, for
more than one hundred years, had not got the benefit.
And if these Regulations were kept, no Minister could
be put in, any more, against the will of the people, if
they did their duty to themselves : and it is to keep tkia
privilege to the people of every Parish in Scotland, that
the Ministers are now suffering. When these Regulations
were made by the General Assembly in the year 1834,
the Government of the countiy, and the Crown lawyers,
were aware of them, and offered no objections. Nor
were they uninterested parties, inasmuch as the Sover-
eign is the Patron of about three hundred of the Parishes
in Scotland.

When these Regulations were made, every Minis-
ter had, then, to be put in according to the Regula-
tions ; and so they were ; and in general, it is but justice
to the Patrons in Scotland to say, that they gave Presen-
tations to Ministers with whom the Congregations were
fully satisfied. Since the passing of this Veto law, by
the General Assembly, in 1834, upwards of 150 Pre-
sentations have been given, and only ten of them were
in any way so disputed, as to bring the case before
the General Assembly. All was going on well and

.-<;»'

rch,
nee,
lilies

the

put

But
thing
sailed
il see

back,
tin, as
y, for
snefit.
' could

>ple, if

sp this

id, that

ilations
1834,

wyers,

Nor

Sover-

arishes

Minis-
iRegula-
|t justice
IPresen-
ns were
law, by
150 Pre-
(01 were
|e before
rell and

happily, and it may truly be said, the Church of Scot-
land, Ministers and people, were more and more be-
coming alive to spiritual and eternal things, at home
and abroad.

And this brings me to state now, how the present
distresses of the Church have come on. The Parish of
Auchterarder, in Perthshire, having become vacant, the
Patron, Lord Kinnoul, presents to it a Mr. Young. The
Presbytery send him to preach there, two Sabbaths or
more. They appoint a day for giving the Call^ and
out of a population of 3200, only two Parishioners
signed th(^ Call; and out of all the male heads of
families in the Parish who are communicants, almost all
of these solemnly declared, that they and their families
could not be edified by Mr. Young. The Presbytery
accordingly told Mr. Young that they could not put
him in. They wrote the same to the Patron, desiring
him to appoint another. But the Patron and Mr.
Young complained to the Court of Session. They took
to the Civil Law against the Presbytery.

Now, before going farther, I dare say it may have
occurred to some of you to ask why it was, when
Ministers, long ago, were put in by Presbyteries, and
the General Assembly, against the will of Congregations,
the people of such Parishes did not complain to the
Court of Session, and take the Civil Law, when they
were not getting justice from the Presbyteries and the
Greneral Assembly 1 That is a very natural question ;
because if the Court of Session had, or has, a right to
put Ministers in, one would think they could keep
Ministers out. But this is the reason. The Law of the
land, which we call the Civil Law, has acknowledged
by many, many. Acts of Parliament, that the laws of
Christ, and of His word, are the true foundation of the

•■'((»'■«'•»■-

U^-;^

Church of Scotland, and that according to that word, it
is the Church itself that alone can perform spiritual
duties, such as the ordaining of Ministers ; and that the
Church alone, by its Presbyteries, Synods, and General
Assembly, has the right to judge of the fitness or unfit-
ness of Ministers to be ordained. The Church indeed
might go wrong, and it is to be feared very often did so,
in judgmg persons to be fit who were not fit, but yet, the
Civil Law, or the Court of Session, dared not come in,
and say to a Presbytery, or to the General Assembly,
" You must do so and so ; we command vou." And if
you, my dear friends, have your own minds aiive to the
authority of the word of God, and to the doctrines and
will of Christ, your own mind will tell you, that it was
never intended of God that any worldly power should
have any such authority in the Church of Christ, as to
order its duties, or its government ; or to say to the
Members of the Church, Such and such " shall be your
spiritual privileges.

Well, to go back to Auchterarder. Lord Kinnoul and
Mr. Young complained to the Court of Session. The
Presbytery were summoned there. And what did they
say there? They said. We have made trial of Mr.
Young, and we find him unfit to be ordained Minister of
Auchterarder, according to the Regulations of the Gen-
eral Assembly, because the greater part of the people, or
communicants, in that Parish solemnly declare they
cannot be edified by him. But the Court of Session
gave judgment against them, saying that the Church had
no power to make such Regulations at all ; and they
ordered the Presbytery to proceed with Mr. Young's trials,
that they might ordain him Mmister of Auchterarder.
The Presbytery refuse to do this, saying. We have tried
Mr. Young alreadv, we have found him unfit to be

'p!

rvWj:

o\
a^
ol
tol

MCMHI

Lllli l H V--

jrd, it
Iritwil
lat the
reneral
r unfit-
indeed
did 80,
yet, the
>me in,
sembly,

And if
e to the
nes and
t it was
jr should
ist, as to
y to the

be your

inoul and

in. The
did they

[\ of Mr.
iinister of
the Gen-

Ipeople, or
ilare they
►f Session
Ihurch had
and they
ing's trials,
ihterarder.
have tried
mfit to be

ordained as Minister of that Parish, and if the Court of
Session or the Civil law be allowed to tell us who are
fit persons, or unfit, then we are no longer a Church
Court subject to Christ, and to the authority of His
word, but subject to men, and to the World. The
Presbytery sought advice from the General Assembly,
which declared the Presbytery to be right.

Now, here, the Presbytery and the General Assembly
said and declared, so far as the Stipend, manse, and
glebe go, we acknowledge the power of the Civil Law
with regard to these. Let Mr. Young and the Patron
take thes^as they will, under the authority of the Court
of Session ; but ordain Mr. Young we cannot^ and we
shall not, at the bidding of any power on earth. This
was made known to the Court of Session. The Church
made no opposition to Mr. Young taking the stipend,
manse, and glebe. It makes no opposition till this
moment to the civil law giving all these temporal things
to Mr. Young ; saying and allowing that worldly laws
have to do with these worldly things. But the Court of
Session will not accept all this. It continues to say ;
Nay, but you (the Presbytery) must proceed to ordain
Mr. Young. Now, the question is here, which is
breaking the law 1 The King and the Parliament never
gave power to the Court of Session to force the Church
to do any Spiritual act, but agreed that the Church
should have liberty to do its own acts, according to its
own laws. The Church, then, is surely nol rebelling
against the Civil Law, or the Civil power ; but the Court
of Session is endeavouring, not only to force the Church
to ordain Mr. Young, contrary to the laws of the
Church, but threatening the Presbytery vnth severe
punishment, unless it agrees to do what the Court of
Session commands it, and a law suit is raised acainst

Jij.jumec.-inf

ie»«»«irii8il>r!

lli

the Presbytery, by Lord Kinnoul and Mr. Young, asking
jC 16,000 of damages from the Presbytery, besides ex-
penses to a great amount, which the Presbytery has had
to pay already.

You know the Court of Session is the highest civil court
in Scotland ; but the House of Lords has jiiVisdiction
over it. Then, the General Assembly went to the House
of Lords, complaining of the Court of Session, and seeking
protection from that Court. But the General Assembly
told the House of Lords, clearly and solemnly, that
whatever they, the House of Lords, did with the stipend o(
Auchterarder, the Church, as a Church of Clyist, could
never consent to ordain or place Ministers in Parishes
according to any worldly laws, which would be con-
trary to the word of God. The General Assembly, in
short, asked the House ot Lords to protect the Church
from the Court of Session ; but, unhappily, the House
of Lords has not done that. It said that the Court of
Session was right, and the Church of Scotland wrong.
What then has the Church of Scotland to do ? It ap-
pointed some of its wisest Ministers to take advice with
the Rulers of the nation, that the Parliament might
make such a Law as would give protection to the Church
in doing its duties, and such a Law as would secure to
you the privilege and the right that Ministers should not
be put in upon you contrary to your will.*

A Patron, and that Patron the late King, gave to a
Mr. Clark, a Presentation to the Parish of Lethendy and
Kinloch, in Perthshire. The day for giving the Call
came, and by far the greater number of the Parishioners
were against him ; very few indeed at all for him. The
Presbytery intimated to the Patron what had happened ;
and not like the Patron of Auchterarder, the King gave

* It is unnecessary now to state how fruitless were all the ne-
gotiations of the Church, with a view to a satisfactory legislative

ouactnivnt.

s'lSa

-W

sking
J ex-

B had

court

liction

House

eeking

lembly

f, that

pend of

, could

arishes

oe con-

ibly, in

Church
House

Jourt of

wrong.

Itap-

ce with
might
Church
cure to
uld not

ive to a
[ndy and
khe Call
fshioners
The
Ippened ;
jing gave

11 the ne.
Ilegislatiye

a presentation to another Minister, Mr. Kessen, setting
Mr. Clark aside. Notwithstanding this, Mr. Clark
complained to the Court of Session ; and the Court of
Ssssion gave an Interdict, forbidding the Presbytery to
place Mr. Kessen. The Presbytery went on, and the
congregation having given Mr. Kessen a hearty, willing,
Call, the Presbytery placed him as Minister of Lethendy
and Kinloch, in obedience to the Law of the land and
the Law of the Church. But they gave him no right,
they could not, to the Stipend ; and he is without Sti-
pend to this day. However Mr. Clark complained again
to the Court of Session ; and the Court summoned the
Presbytery before them, to punish them for putting in
Mr. Kessen. The Presbytery answered the summons,
and appeared ; but told the Judges, that they did not
consider the Court of Session had any power over them
as a Presbytery, with respect to the ordaining of Ministers ;
that the Stipend was there, and the Court might do with
it as it thought proper ; but that it was their duty as a
Presbytery, to keep out Mr. Clark, and to put in Mr.
Kessen, as the General Assembly had instructed and
commanded them as a Presbytery, to do. The judges
sent for the Presbytery again, rebuked them, as if they
were criminals, evil-doers, and declared publicly, that if
ever they or any other Presbytery should do the same
again, — ^they, the Court of Session, would send to jail
whoever did it, and keep them there till they would
confess their fault.

Now, will it do, that th^ Court of Session should have
this power ? Besides this, the Court of Session made
this Presbytery pay upwards of £600 of expenses, a very
heavy 6ne indeed, which some of them could ill afford
to pay, and that too for doing their duty. And, do you
not see, that it is because those Ministers and Pre

fcC"

ries have acted for the people, that they have suffered
such things, and are threatened with so much more 1
It was not surely for their own worldly profit or benefit
these Ministers acted, but for the spiritual good of the
people.

Another case. The Parish of Marnoch, in the Pres-
bytery of StrathbogiC; became vacant. A Mr. Edwards
got the Presentation to it from the Patron. The Parish-
ioners knew him very well, as he had been for three
years assistant to the former Minister. When the Call
day came, not one of the Parishioners would sign the
call but (me man. The heads of families, by very far
the greater part of them, not only would not sign the call,
but declared that they could not be edified by Mr.
Edwards. Well, the Presbytery made this known to
the Patron, and Mr. Edwards is set aside, and a Mr.
Henry gets a new Presentation. But Mr. Edwards
complains to the Court of Session ; and the Court
gives an interdict, forbidding the Presbytery to proceed
with tho trials of Mr. Henry, or to place him, however
well pleased with his gifts the Parishioners may be.
But this was not enough. By and by, Mr. Edwards
g3t9 a declaration in his own favour from the Court of
Session, the same as Mr. Young got in the case of
Auchterarder. In this Presbytery, the greater number
of the Ministers are in favour of Mr. Edwards, and
against the people ; and they were quite glad of this
onler ; and resolved to go on to settle Mr. Edwards in
the Parish of Marnoch. But other members of the
Presbytery complained to the General Assembly ; and
the General Assembly, by its Commission, ordered the
Presbytery of Strathbogie, not to proceed with the trials
of Mr. Edwards. The majority however of the Presbytery
of Strathbogie, seven ministers, resolved to proceed with
the trials of Mr, Edwards, notwithstanding, and declared

■J

,vtw^:«aMVbu« rt*f'i

ffered
lore 1
lenefit
)f the

Pres-

Parish-

r three

ie Call

ign the

ery far

he call,

by Mr.

lown to

da Mr.

idwards

3 Court

proceed

lowever

nay be.

idwards

jourt of
case of
number
rds, and
d of this
Yards in
rs of the
ly ; and
ered the
the trials
esbytery
eed with
declared

themselves ready to obey, not the General Assembly,
but the Court of Session. They were complained of
again to the Commission of the General Assembly ; and
in December 1839, the Commission, because of the
disobedience shown by them to the Church, and as the
only way to keep them back from placing Mr. Edwards
in the Parish of Marnoch against the will of the whole
people, suspended these seven Ministers from their
otBce, till the next General Assembly : and ordained the
other members of the Presbytery, who had not disobeyed
the Church, to meet as a Presbytery, and to call upon
all Ministers of the Church and Preachers, to go and
assist in supplying sermons and other duties to the seven
Parishes, whose Ministers were suspended. Again, how-
ever, the seven Ministers complained to the Court of Ses-
sion ; and the Court granted an Interdict, forbidding all
other Ministers from entering the Church, Churchyard,
or School-house of any of these Parishes. This Inter-
dict was obeyed ; but the Ministers called to the duty,
went from Sabbath to Sabbath to these Parishes, and
preached in the most convenient place they could find ;
and their labours appear to have been already acknow-
ledged, by much blessing upon them.

Well, the seven Ministers of Strathbogie, who have
been suspended, went on preaching, under the Court of
Session's authority, and in direct and open defiance of
the laws of the Church, and not content with this, tkey
have now got another Interdict from the Court of
Session, forbidding all Ministers of the Church from
entering those Parishes at all, or preaching in them ;
and forbidding the other Ministers of the Presbytery to
meet, or do anything as a Presbytery. ., ^

In this wav, vou see, the Court of Session has sset

way, you see.

'il

aside, and trampled upon the spiritual authority of the
Church of Scotland altogether.

If this be obeyed, the Church can do no act at all of
a spiritual kind, but just as the Court of Session allowH.
There is an end of all Church Government and Church
Laws. All is yielded up to man's authority. The
Civil power may next just as well tell us, who are
Ministers, what texts to preach from, and you who are
members of the Church, to hear only the Ministers
whom they (the Court of Session) approve of, and none
else. How would that suit ? Ask yourselves.

It is your spiritual benefit and good that the Ministers
of the Church are seeking. Did they seek their own,
they had only just to do what the Court of Session
ordered, and there would be an end of it. But, then,
what is now the case of Auchterarder, and of Daviot,
and of Marnoch, might be your case in this, or in any
other Parish next, and if the Church did, in any of these
cases, what the Court of Session ordered, it would come
to be the Law in every case. The ministers are putting
in peril, their whole worldly goods and comfort, and now
their personal liberty, on your account. In doing this
they are only doing their duty, according to the word of
God, in not counting even their lives dear to them. But
you owe a duty to yourselves, and to this cause, for the
cause is your own. Some will say to you, that the
Church of Scotland is rebelling against the Law. No
charge can be more untrue than that ; though it may be
said by some, just from their not understanding the sub-
ject, and by others, because they do not wish to under-
stand it.

I shall endeavour, shortly now, to show, that what
the Church is doing is not rebellion, or any thing like it.

The Court of Session is set up by Acts of Parliament.

of the
all of

lUoWB.

Session
]t, then,
f Daviot,
p in any
r of these
lid come
e putting
and now
|oing this
word of
. But
, for the
that the
w. No
may be
the sub-
,0 under-

Ithat what

|ng like it.

irliament.

The Presbyteries, Synods, and General Assembly of the
Church of Scotland have just as many and as good Acts
of Parliament in their favor as the Court of Session has.
They are Courts as well as the Court of Session is.
Now, the Acts of Parliament, that set up the Court of
Session, give that Court power to judge in civil and tem-
poral matters. But these Acts never gave them power
to judge in spiritual matters at all. Did the Church of
Scotland refuse to obey the Court of Session in civil
matters that would be rebellion ; but it has not done so.
The Church has said to that Court — Take the Stipends,
Manses, and Glebes, and dispose of them as you think
proper, we shall not interfere, or resist. But when the
Court of Session comes to the Church, and says. You
must ORDAIN and place Ministers, in the way We (the
Court of Session) direct you j the Church could not do
this without rebelling, both against its own Supreme
King, and against the Law of the land too ; because the
Law of the land has given power to Presbyteries,
Synods, and General Assembly, to do these things ac-
cording to the Laws of the Church itself, and the word
of God, upon which the Laws of the Church are
founded.

But look to it in this way : supposing that a Presby-
tery of the Church went to the Court of Session, or to
the House of Lords, and said. You must decide this
Civil case as we (the Presbytery) direct you ; then that
Presbytery would be assuredly breaking the Law of the
land, and rebelling ; and you may depend upon it that
that Presbytery would very soon be punished, and justly
so. And would not the Court of Session be breaking
the Law, if they allowed any Presbytery to do this ?
But here is now the Court of Session coming in to
Presbyteries, and to the General Assembly, saying. You

■■"^^^

WJMWHtf.l

tnust decide this Spintual case, or do this spiritual duty,
in the way We (the Court of Session) direct you, or
keep back from doing spiritual duties when We command
you. Surely, then, it is not these Presbyteries, or the
General Assembly that are rebelling — they are rebelled
against.

Besides, the Church Courts in Scotland, having, by
the Civil Law, as I have stated, as much authority (even
from men) to do their Spirittial duties as the Civil
Courts have to do their Civil duties j it is worse than
foolish to say that the Church, or its Ministers, are re-
belling, because they do not as they are commanded by
the Civil Court. Here is a comparison. The Court
of Session has no authority or power to hang any one ;
but the Court of Justiciary has that power. Now,
supposing the Court of Session would say to the Court
of justiciary, You must hang that man ; Would it be
rebellion in the Court of Justiciary to answer no, we
will not hang him, at your bidding ? No sensible per-
son would call this rebellion. Or supposing that the
Court of Justiciary sentenced a man to death ; and that
the Court of Session should say to the Court of Justici-
ary we command you to change the sentence, — would
it be rebellion in the Court of Justiciary to say no, our
sentence must stand ? Surely it would not. Now, the
Presbyteries and the General Assembly of the Church
of Scotland, having their own duties allowed to them,
just as much as the Court of Justiciary has its own
duties set before it by the Law of the land, — when the
Court of Session attempts to command these Courts of
the Church, it is no rebellion in the Church to oppose
the Court of Session. It is indeed a great misfortune to
a country when such differences arise between Courts,
and the only way is, to apply to Parliament, to set them

right,
any m(
by peo
or mad
be a ch
Ifth
Church

TIAN C

duty it (
count,
with yc
the grea
in Him,
cause th

In ord
the tyran
ecclesiasi
to shew t
pelled to

necessarv
brief noti
quent to
that the
maintaine
trayal of j
following
although t
shown, fn
sters, they
was passei
of almost e

'SB*

right. But to call it rebellion, is just a saying without
any meaning at all, or it is said with a very bad meaning,
by people who would like to see the Church destroyed?
or made the servant of the world. It would no longer
be a church of Christ.

If the arm of the Civil Law is to govern and rule the
Church in its spiritual duties, it is no longer a Chris-
tian Church ; it will then have departed from the
duty it owes to Him to whom you and I must give ac-
count. Whatever may happen, I leave this testimony
with you. Let us all seek the protection and care" of
the great Shepherd of the flock ; and if enabled to trust
in Him, He will bring us out of these ditficulties, and
cause them all to work for good.

■:%

APPENDIX.

In order to present something like a complete view of
the tyrannical encroachments of the Civil Courts on the
ecclesiastical jurisdiction of the Church of Scotland, and
to shew that the Evangelical Clergy were virtually com-
pelled to adopt a course of protest and separation, it is
necessary to follow up the preceding statement by a
brief notice of the progress of the controversy, subse-
quent to the year 1840. Let the man who imagines
that the unity of the church could have been longer
maintained, without a sacrifice of principle and a be-
trayal of great and sacred rights, attentively weigh the
following admitted facts. He vnW thus find that
although the troubles of the Church sprung, as has been
shown, from the laws affecting the appointment of Mini-
sters, they did not cease there, but decision after decision
was passed by the Civil Courts, aiming at the regulation
of almost every particular of her internal government,

find touching her most holy rights and privileges. It
nitty ^te well to notice in regular succession, some of the
more prorninent of the numeroua cases in which the
collateral jurisdictions of the EcCiCMJastlcal and the Civil
Power came in collision, within the last four years.

I. The case of Culsalmond. The watchword of the
Moderate party had been in the whole course of tho
controversy, " The law of the land." " Obey tiio )m V
was their unfailing argument. It was reservi u foi thiB
singular case to show that they were ready, not oi^iy to
disregard the law of the Church, which, >} their ordina-
tion vows they were bound in all spiritual matters
exclusively to obey, but to pay no higher respect to the
law of the land, when it suited their purposes of agres-
sion to neglect its injunctions. It had been the long
established practice of the Church, and a practice recog-
nised and confirmed by repeated Civil enactments, that
the Can of the people should form a part of the prelimi-
nary proceedings in the appointment of a Minister.
This Call had, it is true, dwindled away into little more
than a form ; but still the form was considered necessary
in every case. The Moderate Presbytery, however, who
presided at the forced settlement of Culsalmond, were
not content with refusing to the people the right of the
Veto, but dispensed with liic Cal* altoget^'^-^ and settled
the obnoxious Licentia o, ivlr. ivliddleton, on the bare
and insufficient authority of the Presentation. Even the
leaders of their own party admitted that this procedure
was irregular, and inconsistent with all law and custom.
And yet, when the validity of the settlement was under
dif fiussion in the Church Courts, the Court of Session
interdicted the execution of a sentence of a Church
Judicatory, which prohibited this irregularly inducted

tt
et
ot

III""

for this
5i\iy to
ordina-
laattere
t to the
►f agres-
;he long
e recog-
its, that
irelimi-
inister.
}g more
cessary
ler, who
|d, were
of the
settled
e bare
ven the
cedure
ustom.
under
ession
jhurch
ducted

minister from preaching or administering the ordinances
of religion Within the parish. Sheltering himself under
this intoniict, Mr. Middleton proceeded to exercise min-
isterial functions in defiance of the .luthority of the
Church. Tho General Assenihly in due time rescinded
the settlement, and declared it null and void. The
Court of Session immediately suspended and interdicteii
the sentence, thus assuming to itself the power to
establish the pastoral tie, and to set a refractory Licenti;'
of the Church over the cure of souls.

II. Case of Stranraer. In this instance, a Presbytery
found it necessary to take cognisance of the criminal
conduct of a Minister within thei bounds. The Court
of Session, on the application of the delinquent, inter-
dicted the Presbytery from procc'ding with the trial.
They disregarded the interdict, and inding the Minister
in question, after a full trial, guilty of fraud and swindling,
deposed him from the office of the fioly ministry, and
ordered his chlirch to be declared vacant. The con-
victed Swindler, relying on the Civil Power for support,
persisted in retaining his charge, and there he remains to
this very day. The Presbytery on the ether hand, had
their stipends arrested, and suits instituteil against them
for penalties in the Courts of Law. Si x Presbyteries
were in this position at the same time !

in. Case of Cambusnethan. The Minister of this
Parish Was libelled before the Lanark Presbytery for
theft. The facts were so notorious that little or no
defence was attempted, and when pronounced guilty, the
culprit publicly acquiesed in the judgment. He applied,
however, strange as it may appear, to the Court of
Session, and when the Presbytery proceeded to pass sen-
tence of deposition, an interdict appeared to prohibit
the proceeding. This was of course disregarded, but

the confessed TAie/ continued under the authority of the
Court of Session, and still contijiues, to exercise minis-
terial functions, and dispense the most sacred ordinances
of religion.

It is unnecessary to multiply such instances. We
may only allude, in addition, to the case of Urquhart, in
which a Presbytery was interdicted from trying a Minis-
ter, notorious through the whole country for the most
gross immorality ; and the fourth case of Lethendy, in
which a Presbytery was prohibited from proceeding
with a libel against a Licentiate, for drunkenness,
obscenity, and profane swearing.

IV. Case of Stewarton. In this important case, the
Court of Session, by a majority of the Judges, suspended
and interdicted the establishment of an additional pasto-
ral charge, in a Parish too extensive for the superinten-
dence of a single Minister and Kirk Session — ^prohibited
the reception of the Minister of such a charge into the
Presbytery, or the institution of a Kirk Session — and for-
bade any alteration in the state of the Parish as regards
pastoral superintendence and spiritual discipline. The
practical effect of this decision, if submitted to by the
Church, would have been to extinguish about 200 pasto-
ral charges, of eminent utility to the country, to annihilate
as many Kirk Sessions in active operation, and to throw
back the whole population of overgrown parishes (ex-
tending in one case to 1 10,000 souls) on the superinten-
dence of a single Minister and Kirk Session. This
decision was one of those last deadly blows, which ren-
dered the disruption of the Church inevitable.

V. Case of Arbroath. The most holy and spiritual
ordinances of religion were no longer secure from the
unhallowed touch of the Secular Arm. The Civil
Courta, startling as it may appear, assumed the right «f

P
ti

thi

adi

loui

bur;

Pre

utm

,>..^b»»/»TV»».

"WCTT^

of the
minis-
nances

J. We

hart, in
Minis-
le most
sndy, in
iceeding
jenness,

ase, the
ispended
al pasto-
perinten-
.rohibited
(into the
-and for-
regards
iC. The
[o by the
:00 pasto-
nnihilate
to throw
shes (ex-
Lperinten-
This
Ihich ren-

epiritual

from the

'he Civil

iQ right «f

dictating to the Judicatories of the Church, to whom they
should give and to whom they shouki refuse Christian
privileges, inchiding of course admission to partake of
the Lord's Supper. Mark the following. An individu-
al of wealth, in the Parish of Inverkeillour, Presbytery
of Arbroath, had on one occasion entered the House of
Prayer, during divine service, much inebriated, and
created a disgraceful disturbance. At the return of
what is called, in Scotland, the " Communion season,"
the Kirk Session refused this man the usual Token of
admission to the holy ordinance. He applied to the
Presbytery for redress, but that Court having approved
of the conduct of the Minister and Elders of Inverkeil
lour, he had recourse to the Court of Session in Edin-
burgh, and forthwith obtained an interdict against both
Presbytery and Kirk Session, threatening them with the
utmost rigours of the law, should they persist in prevent-
ing him from partaking of the Sacrament of the Supper!
Does not this fact speak volumes in itself?

We might go on to show, that it was now declared
to belong to the Secular Power to determine, who should
sit in Church Courts, supreme as well as subordinate —
that members of Assembly were interdicted frpm taking
their seats, and the Assembly interdicted from receiving
them — ^but it is unnecessary. Indeed, so common had
ithese civil interdicts at last become, that the office-bearers
of the Cliurch were liable to be interrupted by them in
the most simple and peaceful duties of their calling. Nor
was the Court of Session the only intruder, the subordi-
nate authorities, in general, zealously followed its
example. The following is a case in point. The Mini-
ster and Session of the Parish of Coldbrandspath, having
►sen a few additional Elders out of the congregation, a
prieior, non-resident in the Pansh» m

belonging

rlllhM

to a different communion, took upon himself, as a
Justice of the Peace, to prohibit these men from per-
forming any of the duties of the eldership! Are
these things generally known 1 And can any man
who is aware of them, shut his eyes to the fact, that
prior to the disruption of the Church, the whole province
ol her jurisdiction had heen violently invaded, and
scarcely one function left to be performed by her Courts,
free from interference and coercion ]

The final and decisive blow to the liberties of the
Church was given by the Decision of the House of
Lords in the Auchterarder case, in August 1843. It was
then declared, that the Church was bound, as by a
civil obligation, to proceed in the matter of the ordina-
tion and admission of ministers, at the bidding of the
Civil Courts and without regard to her own sacred prin-
ciples. And further, it was decided, that the rejection
of a presentee in respect of the dissent of the congrega-
tion, according to the fundamental principle and law of
the Church, was not merely an act to which the Civil
Courts might refuse to give Civil effect, but in itself a
Civil wrong or offence, and to be dealt with accordingly
in the Courts of Law, the members of Presbytery being
held in any such case individually liable in reparation
and damages to both Patron and Presentee, as for the
perpetration of an ordinary civil wrong. This decision,
—resting as it did on an entirely new interpretation of
the condition on which the Church held its temporal ad-
vantages, an interpretation of the nature of the agree-
ment between the Church and State, which was never
hinted at before, or that agreement would never have
been mae/e— forced on the faithful Ministers of the
Church the important question " Can we remain con-
nected with an Establishment^ whose constitution is de-

jof the

r-;-fi-•^

as a

of the

ouse of

It was

18 by a
i ordina-
ig of the
red prin-
rejection
jongrega-
d law of
the Civil
I itself a
cordingly
ery being
eparation
IS for the
decision,
daiion of
iporal ad-
Ihe agree-
'as never
,ever have
is of the
tain con-
[ion is de-

clared to be such as this, and whose privileges we can
only enjoy, by consenting to such terms as these?"
Their situation became now most galling and oppressive.
In the words of one of their number,* " An iron yoke
has been wreathed around our necks, and iron fetters
clasped firmly on our limbs. The State has declared it-
self our master, without a check or limit on the servi-
tude, save its own good pleasure. Our spiritual juris-
diction has been denied and subverted, and our most
solemn spiritual functions, exercised in the name of the
Lord Jesus Christ, declared to be merely Civil Statu-
tory duties, which the Courts could compel us to dis-
charge under the heaviest penalties of the law. Instead
of being Christ's freemen we were declared to be man's
bond-slaves, not at liberty to obey a single law of Christ
without the permission of an earthly judge ! Thus it is
denied that the Church of Christ has any laws of its
own, any government given by Christ. It !« denied
that either Ministers or people have any spiritual rights.
Every act of a Church Court is declared to be a dml,
not a spiritual act. Calling Ministers, settling, ordain-
ing, deposing, are all discovered civil acts, regulated en-
tirely by Civril Law, controlled by Civil Courts, and to
be rigorously enforced bp Civil penalties ! So that a
Church has no powers and no laws at all, except what
are given by the legislature of the land ! This is now
the declared constitution of the Church of Scotland."

Surely no man can view this melancholy picture, can
mark the condition to which the church was now brought
— and brought be it ever remembered, by a confessedly
now interpretation of the law, and the infatuated refusal
of the Government even to listen to the petition of the

k » Rev. HoruiiuB B^mar, of Kelso.

'I.

church and the people for legislative redress? — and still
persist in maintaining that the great body who now con-
stitute the Free Protesting Church, could have continued
consistently and conscientiously within the pale of the
Establishment any longer than they did. They saw the
constitution of the Church changed — her whole internal
framework disorganized. The authority which the
Church had always understood to be confirmed to her
for ever by both the Act of Security and the Treaty of
Union, was now in effect declared null and void. One
after one, the usurpations of the civil power in spiritual
matters followed in rapid succession, until stripped of her
ancient rights, despoiled of her blood-bought liberties,
the Church could exercise no sacred function, could per-
form no judicial act, without incurring secular censure,
or being threatened with criminal punishment. On the
original principles of the Church of Scotland, the Evan-
gelical clergy took their stand, and to its now altered
constitution they felt that they could not consent, without
in effect denying the high and mighty truth, that the
Lord Jesus Christ is the alone King and Head over his
Church, and his word the only law foe its government
and direction. They admitted the right of the State to
fix the conditions on which it should extend to the
Chuich the benefits of an establishment, and now that
these conditions were pronounced to be of a nature
which they considered it sinful to accept, they declared
that it was not for them, as servants of Him whose
kingdom is not of this world, further to prolong the strife.
The voice of duty called on them to separate from a
church on which the unhallowed yoke of state-bondage
had been laid, and in the hour of trial they faltered not.
For the sake of a good conscience^ they left the homes
that they loved, and cast themselves on God, even the

.-..:,-^.ifM%Ki

::<:■{

V con-
tinued
of the
iw the
iternal
ih the
to her
;aty of
, One
piritua\
I of her
berties,
aid per-
;ensure,
On the
^ Evan-
altered
ithout
[hat the
ver his
rnment
State to
to the
w that
nature
ieclared
whose
,e strife,
from a
ondage
[red not.
homes
ven the

God of their Fathers. They called to mind the days of
old, the deeds of our Church in ancient times. They
lingered not within the walls of the Erastian Establish-
ment, but with a solemn protest constituted themselves
into a separate, a free and spiritual communion, thus ex-
hibiting to the eyes of an unbelieving world, a noble testi-
mony, in behalf of the great and vital doctrines of the
Headship of Christ, and the spiritual nature of His king-
dom upon earth. Thus, resting on the sure basis of
God's immutable truth, the Free Protesting Church is
founded on a rock, and no enemy can prevail against
her — the influence of her principles is growing and ex-
tending, and every day is adding to her tstrength. And
now, once more, the religious people of Scotland are
rallying around the old Blue Banner, by which their
martyred fathers stood, and on which the words are
written, as in letters of fire. For Christ's Crown
AND Covenant.

No one can be aware of the vital difference existing
between the Free and the Residuary Churches of Scot-
land, without, at the same time, feeling that it is incum-
bent on the Presbyterian Church in Canada to adopt a
more unequivocal and decided position with respect to
them, than she now occupies. It must be evident, that
a system of indiscriminate connection with the two,
even were it not at variance with the consistency and
purity of the Church, would soon prove impracticable,
and destructive of her best interests. A crisis in her
history is at hand. On the firmness of the special
meeting of Synod in May her prosperity must under
Providence depend, and whatever be the course then
adopted, it must be a decisive one.

The following is an overtui-e to the Synod, passed
unanimously at a late meeting of the Hamilton Presby-

"'■•ai

i.^a^J^aM-,-,-...AK..

M...

! ' !S

!' PL

lililil

Hi.
4

tery. It is worthy the attention of every true-hearted
Presbyterian.

"That considering the disruption of the Established
Church of Scotland which has recently taken place, and
♦he conflicting views which are entertained by the mem-
bers of the Free Church, and of the existing Establish-
ment, on several important questions relating to the
Government of the Church, and to the terms on which
the Church can alone be lawfully united to the State,
and considering the danger which might result to the
best interests of the Church in this Province, from the
admission of ministers holding unsound views on these
subjects, the Synod, while taking such steps as they
may deem fit for letting it be well understood that they
act in this matter as a free and independent church, and
do not directly involve themselves in the controversy
carried on in Scotland, shall make specific declaration,
that the following principles, which are now contended
for by the Free Church of Scotland, have always been
held by them as the original and unalterable principles
of the Church of Scotland, and that they are still deter-
mined to enforce them as principles involved in the doc-
trine of the Headship of Christ, and identified with the
purity and hberty of the Christian Church, viz. ;

" 1st. That the pastoral relation can only be legiti-
mately founded on the free consent of the people, and
that, whatever the form of nomination, no pastor should
be intruded on a congregation contrary to the will of the
majority, with or without reasons assigned.

" 2nd. That in giving effect to the will of the people
in calling a pastor, and generally in all matters ecclesias-
tical, the Church is responsible only to Christ — that the
state has no right in any form to limit oi control the
right of the people to call a pastor, or the right of the
office-bearers of the Church to establish or dissolve, as
they shall see cause, the pastoral relation ; and that
any attempt, on the part of the State, to usurp such
power, ought, at whatever cost, to be resisted as an
intrusion into the ecclesiastical province, and an encroach
ment on the liberties of Christ'.- Church and people.

,. :;,•#!(*;<'>-■.

MMM

■f-' '

legiti-
j, and
hould
of the

)eople
esias-
l the
1 the
fthe
?, as
that
such
IS an
•ach

" 3d. That the only terms on which the Church and
State can lawfully be united, are on the one hand, the
distinct recognition by the State in tendering its support
to the Church, of the perfect independence of the Church
in all matters ecclesiastical, and on the other, the accep-
tance of the endowments of the State of the Church
without ihe compromise of any one of the rights or lib-
erties with which Christ hath invested her rulers and
people, and that to assent to a union between Church
and State on any other terms, involves treason to Christ,
— the sin of acknowledging not Christ, but Caesar, as the
head of the Church.

" That in accordance with this declaration, Presbyteries
be instructed to require from all Ministers, Probationers
and Elders, whom they may hereafter admit, a dis-
tinct and unequivocal expression of their adherence to
the aforesaid principles, and that for this purpose a
declaration, embodying the same, be added to the usual
formulas subscribed by Ministers, Probationers and
Elders. And farther, that a copy of the above declara-
tion of principles, and the relative instructions to Pres-
byteries be communicated to the Free Church and Es-
tablishment of Scotland, as explanatory of the terms on
which alone their Ministers, Missionaries and Elders can
be received by this Synod, accompanied in the case of
the Free Church, with a letter expressive of our appro-
bation of the noble stand which they have made for the
original principles of the Church of Scotland — our sym-
pathy with them under their trials, and our desire for the
establishment of a friendly intercourse with them — and,
in the case of the Establishment, with a solemn but
affectionate remonstrance against their departure from
the principles of the Confession of Faith, and of the
Church of their Fathers."

■:^.„

im (i

«'

v ■ i-i.i ' '

:..,! %

■lip;

N o T x:c E

^V. />:'„,-•& '■»■:

''h^S)

m:^.'

A large edition of Tract No. 1, having been disppsed of,

friends in the Country will see the necessity of sending in

j| I their orders without delay. A second impression of No. 1

will be thrown off, if the present demand continues." ^^^'^

r 1 • if'"i tf'*»>

;i%sii^:d:;^ih o^^rr'fi *r!j *::>

";; f'i'yiis.n

n::* -..r«yf:)^..: . TRACTNo.3, ;:-'^s.^::r:2f:^;;

:^t

..-.A,

*>*

■V:

Will shortly .appear,' containing "Farewell to Egypt," a
beautiful Tract,, descriptive of the disruption of the
Churqlh^of Scotland ; from the pen of the Rev. James J
Hamiltoi^, of London, With an Appendix.^, ^"t,»%^|v^^

vV.V ■

^. v

'^'

\:^v^Jtl;.f:\

.' J*;? --'.i^SCi-

r*^:-.f

' "* '

■*"

'•"-? '%''

,.';,3Br^f*

KfS>'