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suing meeting of the Synod of Perth and Stirling, for reasons to be 'given in in due time."

Ans. 10. The quotation from the minutes is believed to be correct : but the minutes themselves are referred to for their terms.

Stat. 11. At a meeting held at Auchterarder on 16th December 1834, "the Presbytery proceeded, in terms of the twelfth regulation "of the act of Assembly anent Calls, to ascertain whether or not the "major part of the persons on the roll of male heads of families in the "parish of Auchterarder, inspected by the Presbytery, entitled to dis"sent, who dissented against the settlement of Mr Young, do still ad"here to their dissents, when, on the question being asked by the mo❝derator, none appeared to withdraw their dissents." The Presbytery at the same time found, in terms of the said regulation, that there is a majority of the persons on the roll still dissenting.

Ans. 11. The quotation from the minutes is believed to be correct : but the minutes themselves are referred to for their terms.

Stat. 12. "The Presbytery then proceeded, in the terms of the thir"teenth regulation, to give an opportunity to the patron, presentee, "or any member of Presbytery, to require all, or any of the persons "dissenting, to appear before the Presbytery at a meeting to be held "in terms of said regulation, to declare, in terms of the resolution of "the General Assembly, when, on the question being asked by their "moderator, no such requirement was made. The Presbytery there"fore adhere to the above finding, that a majority of the persons on "the roll still dissent ;" and after some farther procedure, and upon account of three appeals having been taken against the proceedings at their last meeting to the Synod," the Presbytery sist procedure in "this case, until they learn how these appeals are disposed of."

Ans. 12. Admitted, under reference to the minutes themselves. Stat. 13. On 21st April 1835, the Synod of Perth and Stirling, " did, " and hereby do, dismiss the appeals. Find that the Presbytery of "Auchterarder acted agreeably to the spirit of the interim act, in giving their attestation to the roll made up by Kirk-Session of Auchter"arder, and which had been attested by their appointment, and did, " and hereby do, remit to the Presbytery to proceed agreeably to the "interim act of the Assembly."

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Ans. 13. Admitted.

Stat. 14. This judgment was brought before the General Assembly of 1835, which, by its judgment of 30th May 1835, dismissed the appeals, and remitted to the Presbytery to proceed farther in the matter, in terms of the interim act of last Assembly.

Ans. 14. Admitted.

Stat. 15. On 7th July 1835, the Presbytery did reject the pursuer, Mr Robert Young, the presentee to Auchterarder, so far as regards the particular presentation now on their table, and the occasion of this vacancy in the parish of Auchterarder, and do forthwith direct their clerk to give notice of this their determination to the patron, the presentee, and the elders of Auchterarder.

Ans. 15. Admitted, under reference to the minutes of Presbytery for their terms.

Stat. 16. No appeal or complaint against this judgment was ever brought before either the Synod or the General Assembly.

Ans. 16. Admitted.

PLEAS IN LAW FOR THE PURSUERS.-I. The judgments of the defenders, the Presbytery of Auchterarder, of 2d December 1834, and 7th July 1835, and the rejection of the pursuer, Mr Young, as presentee to the church and parish of Auchterarder, were ultra vires of the Presbytery, and in violation of the legal rights of the pursuers as established by law, and the statutes libelled.

II. More particularly, it was ultra vires of the Presbytery, and in violation of the rights of the pursuers, as patron and presentee, as well as a dereliction of the duty devolved by law on the Presbytery, to delegate to third parties the trial and judgment of the qualification of the pursuer, Mr Young, as presentee.

III. As no objections were stated to the qualifications of the pursuer, Mr Young, as presentee, the Presbytery were, in terms of the statutes libelled, bound and astricted to have, themselves, taken him upon trials, and to have given judgment on his qualifications, and to have either rejected him as not qualified, or to have admitted and received him as minister of the church and parish of Auchterarder.

IV. That, according to the statutes of the kingdom of Scotland, and to the treaty of Union of the kingdoms of Scotland and England, and the relative act of the Scottish Parliament, for securing the Presbyterian government of the church, the power and duty of judging of the qualifications of preachers and presentees, and of collation to benefices, are vested in the Presbytery of the bounds, and other Church Courts; and that it is illegal, and unconstitutional, and contrary to the laws establishing the Church of Scotland as the National Church, for Presbyteries to refuse to exercise that power and duty, or to denude of the power and duty of collation, or to submit the qualifications of the preachers and presentees to an arbitrary power of rejec tion by any portion of the parishioners or hearers.

V. That a veto on the patron's right of patronage and presentation by the parishioners or communicants; that is, an arbitrary rejection by them of a presentee, duly qualified according to the forms and trials of the Church, and licensed as a preacher of the Gospel, without any trial by the Church Courts, and without any cause assigned, is illegal, unconstitutional, and incompetent, and inconsistent with the undoubted rights of the patron, as established by law, with the rights of preachers of the church, of the presentee who has received a presentation, and with the powers, duties, and privileges of the Church Courts.

VI. As the Presbytery and the individual members thereof, in the several matters condescended on and complained of, exceeded the powers conferred on them by law, and acted illegally, and in violation of their duty, and that to the prejudice and serious injury of the patrimonial rights of the pursuers respectively, the pursuers are entitled to decree in terms of the conclusion of the summons.-In respect whereof, &c. (Signed) ROBT. WHIGHAM.

PLEAS IN LAW FOR THE PRESBYTERY OF AUCHTERARDER,-Defenders.-I. By the laws of the Church of Scotland, which are also sanctioned by those of the State, all matters relating to the trial and induction of ministers, are subject to the jurisdiction of the Church Courts, whose sentences are final and conclusive.

II. Separately-The pursuers would have been barred from bringing the judgment of the Presbytery under the adjudication of this Court, even if it had been otherwise competent, in consequence of having failed to follow out the course of appeal and redress provided by the rules of the Church.

III. It is not competent to conclude against a Presbytery either as to the right to, or the payment of stipend, or the possession of the manse and glebe.

IV. The pursuers have no interest to entitle them to maintain any of the other conclusions of the summons.-In respect whereof, &c. (Signed) Ro. Bell.

No. III.

MINUTES OF THE PRESBYTERY OF AUCHTERARDER, AND OF THE SYNOD OF PERTH AND STIRLING.

N. B. The Proceedings of the General Assembly will be found in the Minute of Presbytery of 7th July 1835, p. 31.

MINUTES OF PRESBYTERY.

AT Trinity Gask, the 14th day of October 1834, the which day the Presbytery of Auchterarder met, and was constituted (inter alia.) -There was laid upon the Presbytery table, by Robert Hope Moncrieff, Esq. writer in Perth, a presentation from the Earl of Kinnoull, in favour of Mr Robert Young, preacher of the Gospel, to the church and parish of Auchterarder, vacant by the death of the Rev. Charles Stewart, together with the patron's certificate of having qualified to Government, Mr Young's letter of acceptance of said presentation, certificate of having qualified to Government, parochial certificate, and a certificate signed by five ministers of Dundee, that Mr Young was a licentiate of that Presbytery, with an engagement to produce an extract of license as soon as there is a meeting of the Presbytery of Dundee. All which documents having been read, the Presbytery agreed to allow them to lie on their table till next meeting.

The sederunt was closed with prayer.

At Auchterarder, the 27th day of October 1834, the which day the Presbytery of Auchterarder met, and was constituted (inter alia.)— Robert Hope Moncrieff, Esq. writer in Perth, as agent for the Earl of Kinnoull, gave in, in addition to the papers lodged by him at last meeting, an extract of license, and testimonial in favour of Mr Robert Young, preacher of the Gospel, by the Presbytery of Dundee, which was read.

The Presbytery taking into consideration that the late Rev. Charles Stewart, minister of Auchterarder, died on the 31st of August last, and that the twenty-third regulation of the interim act of the late General Assembly anent calls, intimates that all cases in which the vacancies have taken place after the rising of said Assembly, shall fall under the operation of the regulations and relative act of Assembly anent calls; finds, therefore, that they must proceed to fill up the vacancy in Auchterarder, according to said act and relative regulations. The Presbytery also considering, that all the documents usually given in in cases of this kind have already been laid on the table, along with the Presentation by the Earl of Kinnoull to Mr Robert Young, preacher of the Gospel, to be minister of the church and parish of Auchterarder, did, in pursuance of the first regulation of the act of Assembly anent calls, in so far sustain the presentation as to find themselves prepared to appoint a day for moderating in a call to Mr Young. They accordingly did, and hereby do, appoint the Rev. John Clark, one of their number, to preach in the church of Auchterarder on Sabbath

next, being the 2d day of November, and to intimate from the pulpit, that the Rev. Robert Young, presentee to the parish of Auchterarder, will preach in the church of Auchterarder on Sabbath the 16th day of November; and the Presbytery, on consideration, deeming it expedient that he should preach oftener than once before the moderation of his call, appoint Mr Clark at the same time to intimate, that Mr Young will preach there on the 23d of the same month. The Presbytery further appoint Mr Clark to intimate, that the Presbytery of Auchterarder will meet in the church of Auchterarder on the 1st Tuesday of December next, being the 2d day of that month, to moderate in a call in the usual way to Mr Young, to be minister of that parish; the moderator to preach and preside. In all which sentence of the presbytery Mr Moncrieff acquiesced, and took instruments in the clerk's hands. From which sentence of the Presbytery, in so far as it at all sustained the presentation, Messrs M'Kenzie and Walker dissented, on the ground, that by so doing, the Presbytery did seem to homologate and approve of patronage.

The sederunt was closed with prayer.

At Auchterarder, the 2d day of December 1834, the which day the Presbytery of Auchterarder met, and was constituted (inter alia.) -Mr Clark reported, that in obedience to the injunction of Presbytery, he had preached at Auchterarder on the 2d of November, and had given due intimation that the Presbytery, at their meeting here this day, would moderate in a call to Mr Young, to be minister of the parish of Auchterarder. Mr Morrison, elder for Auchterarder, reported that Mr Young had preached here on the two days appointed by the Presbytery; and the clerk reported that he had written to the non-resident heritors, apprising them that the presbytery were, at their meeting here this day, to moderate in a call to Mr Young, The Presbytery then proceeded to the church, when, after sermon by their moderator, from Mark, 12th chap. 10th and 11th verses, there was produced and read a call to Mr Robert Young, to be minister of the church and parish of Auchterarder; and an opportunity was given to the heritors, elders, heads of families, and other parishioners, to sign it. Mr Lorimer then signed for the Earl of Kinnoull, as patron, being his factor; and the call was further signed by Michael Tod and Peter Clark, heads of families.

The Presbytery then proceeded, in terms of the third regulation of the interim act of the last Assembly anent calls, to give an opportunity to the male-heads of families, being members of the congregation, and in full communion with the church, whose names stand in the roll which has been inspected by the Presbytery, to give in special objections or dissents, when no special objections were given in.

A mandate from Mr Robert Young, presentee to the parish of Auchterarder, to Archibald Reid, Esq. writer in Perth, was given in authorizing him to appear as his agent in this case; which mandate having been read was sustained. Compeared William Thomson, session-clerk of Auchterarder, and being asked, produced a roll of maleheads of families in the parish of Auchterarder, in terms of the regulations of the act of last Assembly anent calls. At this stage Mr Reid was heard, and objected to the Presbytery either receiving or acting