A view of the Constitution of the Church of Scotland, abridged from the second part of Dr. Hill' Theological Institutes.

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T HE government of the Church of Scotland, established by law, is Presbyterian. Her ministers, among whom there exists a perfect parity, are associated with ruling elders in the exercise of spiritual authority. To give a satisfactory view of her constitution, we will state, 1. the manner in which she admits ministers into her connexion. 2. The judicatories to whom she has committed all authority. 3. The distribution of power among these judicatories. 4. The objects of the judicial power of the Church.

1. To the manner in which ministers are admitted into the Church of Scotland, belong the following particulars :

First. The trial of the qualifications of the candidates for admission. By standing laws, the previous education of these candidates the amount of the testimonials they must bring from the professors under whose inspection their education was conducted-the nature of the exercises they must perform for the satisfaction of those by whom they are tried, and all the other pre-requisites in order to their obtaining a VOL. IV. No. IV.

license to preach the Gospel, are distinctly prescribed. When a student has gone through a full course of philosophy, in some University, and has, after finishing that course, continued to prosecute the study of divinity for the time prescribed, he may be proposed to a Presbytery, in order to be taken upon trials. But the Church, with a becoming jealousy of her most sacred right, does not permit Presbyteries to take any student upon trials, without the consent of a superior court, known in Scotland by the name of the Synod; by which means, if a report unfavourable to the character of the candidate has arisen in any of the Presbyteries of which the Synod is composed, his trials cannot proceed, till the matter is inquired into. If Presbyteries are guilty of oppression in trying those whom the Synod allows them to take upon trials, redress may be obtained by an appeal to their ecclesiastical superiors. But, as there is more reason to apprehend that Presbyteries will discover too much facility in the trial of young men, than too much severity, they are wisely invested with powers ample, and, in some respects, discretionary, lest the apprehension of being wantonly brought into embarrassment and trouble for acting according to their conscience, might prove an additional temptation to remissness in the discharge of an important duty.

As the Church of Scotland does not sustain a license, granted by the dissenting classes in England, or by any community of Christians in foreign countries, all those whom she considers as licentiates, are persons of whose character, literature, and abilities, some Presbytery has had the fullest opportunity of judging, and who, at the time of their being licensed, testified their attachment to the doctrine, worship, discipline, and government of this Church, by subscribing the subjoined formula: viz.

" I do hereby declare, that I do sincerely own and ." believe the whole doctrine contained in the Confes

"sion of faith, approven by the General Assemblies " of this National Church, and ratified by law in the " year 1690, and frequently confirmed by divers acts " of parliament since that time, to be the truths of "God; and I do own the same as the Confession of

my faith. As, likewise, I do own the purity of " worship presently authorized and practised in this "Church, and also, the Presbyterian government and " discipline now so happily established therein, which " doctrine, worship, and Church government, I am " persuaded, are founded upon the word of God, and "agreeable thereto. And I promise, that, through "the grace of God, I shall firmly and constantly ad" here to the same; and, to the utmost of my power, "shall, in my station, assert, maintain, and defend "the said doctrine, worship, discipline, and govern"ment of this Church, by Kirk Sessions, Presbyte"ries, Provincial Synods, and General Assemblies; " and that I shall, in my practice, conform myself to "the said worship, and submit to the said discipline " and government, and never endeavour, directly or " indirectly, the prejudice or subversion of the same. "And I promise, that I shall follow no divisive "courses from the present establishment in this "Church, renouncing all doctrines, tenets, and opin"ions whatsoever, contrary to, or inconsistent with "the said doctrine, worship, discipline, and govern"ment of this Church."

These licentiates are under the inspection, and, in some respects, subject to the orders, of the Presbytery within which they reside; and the nature of their situation is properly expressed by the ecclesiastical name Probationer; a name, which reminds them that the course of their studies, as well as their general conduct, should be directed with a view to their future establishment; and, that, during the time of their probation for the Ministry, although they have no right to dispense the sacraments, they may improve their talents for composition and elocution, by preaching occasionally, as they are called. Unless, therefore, they be engaged to assist a clergyman disabled by age and sickness, they remain without any reguJar employment, or fixed charge, until they receive a presentation to a Church. They then undergo a second trial before the Presbytery, to whom the presentation is addressed, and are required by them to repeat their subscription to the formula. If they find that he is not qualified, in respect of doctrine, literature, or moral character, their sentence, declaring him unqualified, unless it be reversed by their ecclesiastical superiors, renders his presentation void.

Second. The presentation of the patron. Every parish has a patron, who nominates, or presents a minister. If this patron does not present, within six months after the commencement of the vacancy, the Presbytery may take such steps as they think proper, to supply the parish. He may not receive any money as a compensation for the presentation; and, by the laws against simony, the candidate for presentation, who is guilty of it, is punished by deposition. No candidate, but one who has been licensed by the Church, can be presented to a parish. And every candidate thus licensed, must be admitted by the Presbytery; or the patron retains the whole income of the benifice in his own hands. The Church, however, possesses competent power to extend her trial of candidates for presentation, to those particular qualifications which local circumstances render indispensable.

Third. The voice of the people. These have an opportunity of expressing their sentiments in two different ways. Before a Presbytery to whom a presentation is addressed, take the candidate upon the second trials, which, if a probationer, he is, by the laws of the Church, required to undergo, they appoint him to preach in the parish Church; and, whether he is probationer, or an ordained minister,

they assemble there upon a day, of which notice has been given to the parish, at least ten days before. After a sermon suited to the occasion, by one of their number, they inform the people, that a presentation in his favour has been received, and ask them to subscribe a paper named a call, inviting him to be their minister, and promising him subjection in the Lord. It has been the immemorial practice of the Church of Scotland, by appointing the moderation of a call, to give the people an opportunity of encouraging the labours of their future minister, by addressing to him this invitation; and, in consequence of this practice, one of the legal steps in the settlement of a minister, is a sentence of the Presbytery sustaining the call. But whatever was the state of matters at the time when the practice began, it is now understood, that a call may be sustained, however small the number of subscribers. For although the matter was long vehemently contested, and is still occasionally the subject of discussion, the Church courts have shown, by the train of their decisions, during the greater part of the last century, that they do not consider themselves as warranted by law to refuse admission to a presentee, upon account of any deficiency in the subscriptions to his call.

The second way in which the Church provides for the voice of the people being legally heard in the admission of their Minister, is, by giving the inhabitants of a parish a right to appear as accusers of the presentee. At any time, during the course of his trials, they may give in to the Presbytery, a libel, charging him with immorality of conduct, or unsoundness of doctrine. When they present the libel, they bind themselves, under pain of ecclesiastical censure, to prove it; but the Presbytery is not at liberty to proceed to the settlement, till the libel be discussed. After the trials of the presentee are finished, all who have any objections to his life or