effect of sustaining the presentation, being merely to determine that the presentation is a valid title to the benefice, apart from the pastoral office, and that there are no civil disqualifications on the part of the presentee, recognised by the municipal law, as a bar to his accepting thereof.

187. The judgment of the presbytery, sustaining or refusing to sustain a presentation, is never exclusive of the determination of the Court of Session, who alone are the ultimate judges in that matter; though, should the Court of Session sustain a presentation, which a presbytery may have refused in respect of disqualifications on the part of the presentee to hold the pastoral office, established by the laws of the church, but not recognised by the municipal law as an objection to holding a benefice, the presbytery will in no shape be precluded from giving effect thereto at the proper time, viz. when the call, as the title to the pastoral office, comes to be decided upon; the church, being as exclusively entitled to prescribe and determine upon the qualifications for the pastoral office, as the state is to prescribe and determine upon the qualifications for holding a benefice.

188. In the two following chapters will be considered the mode of conferring the pastoral office, and combining it with the right to the benefice; and in the last chapter, the consequences of the church courts sustaining, or refusing to sustain a presentation, on grounds not recognised as sufficient by the municipal law, and proceeding to settle a minister thereon.

CHAPTER VI.

OF CALLS.

189. It has already been observed in a former chapter, that parochial ministers, when settled, combine in their persons two distinct species of rights, viz. that to the civil benefice, and that to the spiritual office of pastor. It has also been noticed, that the presentation by the patron is the title to the benefice, and that originally the call by the congregation was in substance, as it still is in form, the title to the pastoral office, the right to neither, however, being capable of being completed otherwise than by admission and ordination by the church courts.

190. The presbytery having sustained the civil title to the benefice, the next step of procedure in the settlement of a minister, is to have the title to the pastoral office combined therewith in the person of the presentee, by means of a call; and in considering this matter of a call, I shall first attend to the. laws of the church with reference to the spiritual office alone, apart from its connexion with the civil right to the benefice, and then advert to the effect which the laws of the state, with reference to this right, necessarily produce thereon, in consequence of the church's acceptance of the civil benefits thereby secured to her.

191. According to the views of our Reformers, the outward vocation, without which no one could lawfully exercise the functions of the ministry, consisted of two parts, viz. 1. Election; and, 2. Admission, or Ordination. The First Book of Discipline declared, that "it appertaineth to the people, and to every several congregation, to elect their minister;"1 and that "the admission of ministers to their offices, must

1 C. 4, § 2.

consist in the consent of the people and church whereto they shall be appointed, and approbation of the learned ministers appointed for their examination.”1

192. The election by the congregation thus, according to the views of the framers of this book, constituted the title to be taken on trial for the pastoral office; but as in regard to the benefice, if a patron neglected to give a presentation or title thereto, the presbytery might present; so as to the pastoral office, if the congregation neglected to give a call or title thereto, a similar remedy was held competent. In such case, it was declared that if the congregation should neglect to choose a minister within forty days," the church of the superintendant, with his councill, may present unto them a man whom they judge apt to feed the flock of Christ;" and if, in the meantime, the congregation should not have chosen a person for themselves to be presented for examination, and the person chosen by the "councill, or greater church," have been tried, and found qualified, then the congregation, or "inferior church," was to be deemed unreasonable if they refused him, and might be "compelled, by the censure of the councill and church, to receive the person appointed and approved by the judgment of the godly and learned." If, however, the congregation should, in the meanwhile, have chosen a person, and presented him for examination, then, it is provided, "the presentation of the people, to whom he should be appointed pastor, must be preferred to the presentation of the council, or greater church, unless the person presented by the inferiour be judged unable of the regimen by the learned. For altogether this is to be avoided, that any man be violently intruded or thrust in upon any congregation; but this libertie, with all care, must be reserved to every several church, to have their votes and suffrages in elections of their ministers. But," the book proceeds, "violent intrusion we call not when the councill of the church, in the fear of God, and for the salvation of the people, offereth them a sufficient man to instruct them, whom they shall not be forced to admit before just examination, as before is said."2

1 C. 4, § 8.

2 C. 4, § 4. This last sentence obviously has reference to the appointment by the superior church, where the congregation had failed to choose a pastor for themselves.

193. By an act of the fourth General Assembly, held in June and July, 1562, it was ordained, "touching persons to be nominat to kirkes, that none be admitted without nomination of the people, and due examination and admission by the superintendant."1

194. In the Second Book of Discipline, election is defined to be "the chusing out of a person or persons maist abile to the office that vaikes, be the judgement of the elderschip, (presbytery), and consent of the congregation to whom the person or persons beis appointed:" and it is set down as a matter to be avoided, that any one should be "intrusit in ony offices of the kirk contrar to the will of the congregation to whom they are appointed, or without the voce of the elderschip."

In the Assembly of 1578, this book was adopted, and thereafter, in 1581, recorded in the registers of the Assembly; and on the restoration of the Presbyterian church in 1638, it was revived and ratified.

195. The provisions therein contained, as to the election of ministers, vary from those in the first book. In the first book, the initiative is clearly recognised as belonging to the people, subject to a proviso, in case of their failure to make an election. In the second, nothing is definitely laid down as to what party shall have the initiative, the terms used being capable of much latitude of construction, so as to admit of modes of procedure differing considerably from each other; all that is clearly required being that the consent of the people, and the judgment of the Presbytery, must concur to the lawful constitution of the pastoral office.

196. In fact, the practice of the church as to this matter did vary very considerably, and it is thus described by a very competent authority, as it existed antecedently to the establishment of Episcopacy :-" The practice appears to have varied in different places. Sometimes the General Assembly, or the presbytery of the bounds, nominated or recommended a minister of their own accord, or at the desire of the session

"On the appointment of a second minister at Haddington, the Presbytery claim. ed the right of nomination, but Mr James Carmichael having produced and read the act of Assembly, 1562, they relinquished their claim. (Records of Presbytery of Haddington, Aug. 15, 1601.) Note EE. M'Crie's Life of Melville, vol. i. p. 467.

or congregation. In some instances, the election was by the session, or by the session and principal persons of the parish; and in others, by the votes of the congregation at large. Sometimes the congregation elected the individuals themselves; or, at other times, they nominated electors from among themselves; and at other times, they referred the choice to the presbytery. But in whatever way this was conducted, the general consent of the people was considered as requisite, before proceeding to admission, and the church courts exerted themselves in obtaining the presentation for the person who was acceptable to the parish.'

197. The form in which the choice or consent of the people was expressed, was that of a call to the individual chosen to

'M'Crie's Life of Melville, vol. i. note EE. p. 467. The following account of Knox's calling to the ministry, is taken from the Life of that most eminent person by the same learned author:-" These persons were so much pleased with Knox's talents, and his manner of teaching his pupils, that they urged him strongly to preach in public, and to become colleague to Rough. But he resisted all their solicitations, assigning as his reason, that he did not consider himself as having a call to this employment, and would not be guilty of intrusion. They did not, however, desist from their purpose, but having consulted with their brethren, came to a resolution, without his knowledge, that a call should be publicly given him, in the name of the whole, to become one of their ministers.

Accordingly, on a day fixed for the purpose, Rough preached a sermon on the election of ministers, in which he declared the power which a congregation, however small, had over any one in whom they perceived gifts suited to the office, and how dangerous it was for such a person to reject the call of those who required instruction. Sermon being concluded, the preacher turned to Knox, who was present, and addressed him in these words: 'Brother, you shall not be offended, although I speak unto you that which I have in charge, even from all those that are here present, which is this: In the name of God, and of his Son Jesus Christ, and in the name of all that presently call you by my mouth, I charge you that you refuse not this holy vocation, but as you tender the glory of God, the increase of Christ's kingdom, the edification of your brethren, and the comfort of me, whom you understand well enough to be oppressed by the multitude of labours, that you take the public office and charge of preaching, even as you look to avoid God's heavy displeasure, and desire that he shall multiply his grace unto you.' Then addressing himself to the congregation, he said, 'Was not this your charge unto me? and do ye not approve this vocation?' They all answered, 'It was; and we approve it.' Overwhelmed by this unexpected and solemn charge, Knox, after an ineffectual attempt to address the audience, burst into tears, rushed out of the assembly, and shut himself up in his chamber. His countenance and behaviour from that day till the day he was compelled to present himself in the public place of preaching, did sufficiently declare the grief and trouble of his heart, for no man saw any sign of mirth from him, neither had he pleasure to accompany any man for many days together. "M'Crie's Life of Knox, vol. i. p. 52.