the sentence appealed from is commonly defended before the superior court, both by the party who considered it as favourable to his interest, and also by the members who concurred in pronouncing it. If the members of an inferior court have acted according to the best of their judgment, and with good intention, they incur no blame although their sentence be reversed: but they are answerable to the superior court for every part of their conduct in the business brought under review, and they may be found deserving of censure. Lang asb. od Juno torban sit, of batsmediob bed id.

odus 201t? Complaint. vio ya mode. 4. It is possible that the judgment of an inferior court may be favourable to the views of the only party who had sisted himself at their bar that it may do no wrong to any individuals or that the party who is aggrieved may decline the trouble of conducting an appeal and yet the judgment may appear to some of the members of the court contrary to the laws of the church, hurtful to the interests of religion, and such as involves in blame or in danger those by whom it is pronounced. In this case, the minority have a right to record in the minutes of the court their dissent, by which they save themselves from any share of the blame or the danger; and they have also a right to complain to the superior court. This complaint brings the whole proceedings under review, and sists the members who concurred in the judgment, the complainers, and all parties, at the bar of the superior court; and if the complaint appear to be well founded, it may have the effect, not only of bringing censure upon those who concurred in the judgment complained of, but also of reversing that judgment, and placing matters in the same situation in which they were before the judgment was pronounced. It was, in my remembrance, a matter of doubt, whether, if there was no appeal by a party, a complaint from the minority of a court could have the effect of reversing the judgment of the majority. But the doubt has been completely removed by a number of decisions in different years, conformable, in my opinion, to the nature and reason of the

case; and it is now understood to be part of the law of the church, that upon a complaint from the minority of an inferior court, the court of review may dispose of the sentence complained of, in the same manner as if it had been brought before them by the appeal of a party.* The members of every church judicatory are thus taught to consider themselves as guardians of the constitution; they are called to attend, not only to the particular business concerning which they judge, but also to that general interest of the church, which, in the eye of parties, may be of little importance; and they have the satisfaction of knowing, that by discharging their duty with intelligence and firmness in the inferior courts, they may, in the end, obtain full redress of the injury which the church might have sustained by judgments in which parties were willing to acquiesce.

The sentence here subjoined will serve as an example how far the effect of a complaint may go. Assembly 1798, session 8. "A dissent and complaint by Mr Robert Home of Polwarth, Dr Robert Douglas at Galashiels, and others, from a sentence of the Synod of Merse and Tiviotdale, of 24th October last, respecting the settlement of Mr James Young in the parish of Legertwood, heard: Two several motions were made, and the roll being called, and votes marked, the Assembly, by a great majority, found, that Mr James Young was not qualified, according to the laws of this church, to accept the presentation to the church of Legertwood; and therefore reversed the sentence of the Synod of Merse and Tiviotdale in October last, complained of, recommending to the Presbytery of Lauder to sustain that presentation: Found, That the Presbytery of Lauder acted with great irregularity in proceeding, as they stated at the bar, to admit Mr James Young upon the 6th of December last, notwithstanding the dissent and complaint of several members of the Synod: Annulled all the proceedings of the Presbytery of Lauder in relation to the settlement of the parish of Legertwood, subsequent to the meeting of the Synod of Merse and Tiviotdale in October last; rescinded the settlement of Mr James Young, and declared the parish of Legertwood vacant, as if no such settlement had taken place. The Assembly appointed an extract of this sentence to be sent by the Moderator in a letter to George Kerr, Esq. of Moriston, patron of the parish of Legertwood; and appointed the Presbytery of Lauder to meet the second Thursday of June next, in order to appoint supplies for the vacant parish of Legertwood."

469

III. Of the Admission of Ministers into the Church of Scotland.

1. Trial of the Qualifications.

1

The laws of the state require those who enter into the Established Church, to take the oaths of allegiance, in testimony of their attachment to the civil government. But they leave the church in virtue of the powers derived from its Divine Founder, and agreeably to the directions delivered by his apostles, to try, examine, and finally decern with regard to doctrine, literature, and moral character; and, upon any question respecting those points, they do not admit the possibility of appealing from an ecclesiastical to a civil court. Accordingly the church, in her standing laws, prescribes the previous education of intrants to the ministry, the amount of the testimonials which they must bring from the professors under whose inspection their education was conducted, the nature of the exercises which they have to perform for the satisfaction of those by whom they are tried, and all the other prerequisites, in order to their obtaining what is called a Licence to preach the Gospel. 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 be enquired 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 presby

* Dr Hill's View, 2d edition, page 54.

teries 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 em barrassment and trouble for acting according to their conscience, might prove an additional temptation to res missness in the discharge of an important duty,

As the Church of Scotland does not sustain a licence 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 had the fullest opportunities 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. They

dope to goitsuborg sit hintaob or afie

• Act 9th, General Assembly 1770. The General Assembly, upon the report of their committee for overtures, finding that a considerable ma... jority of the presbyteries of this church have now agreed to an overture anent persons going to be licensed and ordained without the bounds of this church, did thereupon agree, without a vote, to turn the said overture into a standing act; and accordingly the General Assembly did, and hereby do and prohibit all persons educated or residing within the bounds of this church, from going out of its bounds to obtain licences preach; and prohibit all preachers, licensed by this church, from going without its · bounds to obtain ordination, unless they are called to a particular congre

gation in Country: And enact, that licentained in that man

ner shall be received,

have any

in church; and such preachers as contravene this act, shall forfeit the licence formerly given them, and be no longer entitled to the privileges which belong to a preacher of the Gospel in this church.

+ By act 10th, Assembly 1711, the licencing, ordaining, and admitting any who shall not subscribe, before they be licensed, ordained, or admitted respectively, the formula here subjoined is prohibited and discharged. "I do hereby declare, that I do sincerely own and believe the whole doctrine contained in the Confession of Faith, approven by the General Assemblies of this national church, and ratified by law in the year 1690, and frequently confirmed by divers acts of Parliament since that time, to be the truths of God: And I do own the same as the confession of my faith. As likewise I do own the purity of worship presently authorised and practised in this church; and also the Presbyterian 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 adhere to the same; and, to the utmost of my power, shall, in my station, assert, maintain, and defend the said doctrine, worship, discipline,

:

I

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 probationers; 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 oil an abbiano od most

༈

In the church of England, neither priests nor deacons orders are conferred without a title; that is, without a connection with some place where the sacred office is to be exercised, and from whence the person who applies for orders may derive a maintenance. But it is impossible to demand the production of such a title from those who are proposed for trials in a church, which does not admit of a plurality of benefices having the cure of souls, which requires every minister to reside in his parish, and presumes that he is to do the duty himself. A probationer, therefore, unless he be engaged to assist a clergyIdisabled by age or sickness, remain without any regular employment, or fixed charge, until he receive a presentation to a church: He then undergoes a second trial, before the presbytery to whom the presentation is addressed. He is required by them to repeat his subscription to the formula; and 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.

and government of this church, by kirk-sessions, presbyteries, provincial synods, and General Assemblies; and that I shall, in my practice, conform myself to the said worship, and submit to the said discipline and government, and never endeavour, directly or indirectly, the prejudice or subversion of the same. And I promise that I shall follow no divisive courses from the presént establishment in this church; renouncing all doc. trines, tenets, and opinions whatsoever, contrary to, or inconsistent with the said doctrine, worship, discipline, and government of this church."