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nounced, if they see cause. The Assembly further appoint a Committee to prepare regulations in conformity to the proposed deliverance, for the guidance of Presbyteries in the settlement of "parishes; the Committee to report to next "General Assembly."

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It will be observed, in considering these two motions, that they both profess to be declaratory; not making any change in the fundamental laws of the Church, merely asserting or declaring that law: but the distinction between them is very marked and obvious. That of Dr. Chalmers lays it down as a fundamental principle of the law of the Church, that no man shall be intruded, contrary to the will of the people, and explains that principle, by allowing the dissent of the parishioners, without reason assigned, to be conclusive in rejecting the presentee to a parish, unless malicious combination can be proved; while that of Dr. Cook recognises only a right on the part of the people to state all manner of objections, either against the presentee, or against his settlement, leaving it to the Presbytery to judge of the validity of these objections. On a division, the latter motion, that of Dr. Cook, was carried by a small majority.

The subject was not, however, by this division set at rest; the discussion was resumed in the General Assembly in 1834, and a new motion embodying the principle of the Veto was set against the resolution of Dr. Cook, and the regulations drawn out by

the Committee appointed under the terms of that resolution'.

Regulations drawn up under Dr. Cook's motion.

1. The law of patronage remaining as at present, presentations to vacant parishes must be given into Presbyteries before the expiration of six months from the vacancy taking place.

2. When presbyteries have received a presentation from the undoubted patron, they shall appoint the person nominated to preach, as soon as they may judge convenient, in the Church to which he has been presented.

3. After he has so done, the presbytery, or a committee thereof, due notice having been previously given, shall meet at the vacant Church; when, divine service having been performed by the presiding minister, intimation shall be made to the congregation of the nomination of the presentee, that they may have an opportunity of expressing their wish cordially to receive him; and it shall at the same time be intimated, that if any one or more of the heads of families in regular communion with the Church shall have objections to the settlement of the person presented by the patron, it shall be competent for them, by themselves or by an agent properly authorized, to state their objections, of whatever nature, to the next meeting of Presbytery.

4. If the objections there stated affect the moral character or the doctrine of the presentee, so that if they were established he would be deprived of his licence, or of his situation in the Church, the objectors shall, as is the case at present, proceed by libel, and the Presbytery shall take the steps usual in such cases.

5. If the objections relate merely to the insufficiency or unfitness of the presentee for the particular charge to which he has been appointed, the objectors shall not be required to become libellers, but shall simply deliver, in writing, their specific grounds. for objecting to the settlement, and shall have full liberty to substantiate the same; upon all of which the presentee shall have an opportunity to be fully heard, and shall have all competent

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That motion was as follows:

"The General Assembly declare that it is a "fundamental law of this Church, that no pastor "shall be intruded on any congregation, contrary to "the will of the people; and in order that this principle may be carried into full effect, the "General Assembly, with the consent of a majority "of the Presbyteries of this Church, do declare, "enact, and ordain, That it shall be an instruction "to Presbyteries, that if at the moderating in a "call to a vacant parish the major part of the male "heads of families, members of the vacant congregation, and in full communion with the Church, shall

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means of defence.

The Presbytery shall then consider these

grounds; and if it shall

causeless prejudices, no

appear that the opposition originates in adequate reason being adduced for it,

they shall proceed to the settlement of the presentee, according to the rules of the Church. But if the Presbytery shall be satisfied that the objector or objectors have established that the presentee is not fitted usefully and sufficiently to discharge the pastoral duties in that parish, then they shall find that he is not qualified, and shall intimate the same to the patron, that he may forthwith present another person; it being always in the power of the different parties to appeal from the sentence pronounced by the Presbytery, if they shall see cause.

6. In the event of a settlement not proceeding, provided there has been no valid objection to the doctrine and moral character of the person declared unqualified, his rejection shall be no bar to his receiving a presentation to a different parish, and to his being settled in that parish, if no sufficient objection shall be made to him by those having the privilege of objecting.

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disapprove of the person in whose favour the call is proposed to be moderated in, such disapproval "shall be deemed sufficient ground for the Pres"bytery rejecting such person, and that he shall be rejected accordingly, and due notice thereof forth"with given to all concerned; but that if the major part of the said heads of families shall not disapprove of such person to be their pastor, the Presbytery shall proceed with that settlement according to the rules of the Church: And further "declare, that no person shall be held entitled to disapprove, as aforesaid, who shall refuse, if required, solemnly to declare, in presence of the Presbytery, that he is actuated by no factious or "malicious motive, but solely by a conscientious regard to the spiritual interests of himself and the congregation."

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It will be observed, in comparing this with the motion of the former year, that there are two important and significant alterations; that the clause, limiting the objectors to those who had been two years in communion, is withdrawn ; and that the right, conceded to the Presbytery, of judging as to whether the dissent had originated in malicious combination, or objections not personal to the presentee, is also taken away; the simple declaration of the party as to the purity of his own motives being held as sufficient evidence that they are pure.

The purpose of this statement prevents us from going at length into the arguments which were adduced

by those opposed to this motion. It was urged by them that the fundamental principle asserted, "That

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no man be intruded, contrary to the will of the

people;" that will being exhibited by a dissent without reason had no existence in fact: that while the Church of Scotland had ever held it as essential that no unqualified men should be intruded into a congregation, the Church Courts, and not the people, had been the judges of this qualification, that while every opportunity was afforded to the people to come forward and express their opinion on a matter of such essential importance, a mere dissent had never been considered at any period as a sufficient ground of objection; and that it was only when satisfied that the people had just cause of exception against the presentee, that the Presbytery had given effect to their wish to set him aside. It was further argued, that while the measure could not rest on the alleged ground that it was a fundamental principle, it was in itself open to grave objection: that it deprived the Church of that which had in every Christian Church been considered essential,-the right of judging on the fitness of ministers, and erected in its stead a new and irresponsible tribunal, the heads of families, who, as a body, could not be considered to have qualification, or time, or opportunity, for forming a dispassionate and considerate judgment on so important a matter; and that it was most unjust to the Licentiates' of the Church to

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Licentiates are Clergymen who have not yet been placed in