teries disapprove, it would not be obligatory. In support of this we cite the act commonly called the "Barrier Act."* "The General Assembly, taking into their consideration the overture and act made in the last assembly concerning innovations, and having heard the report of the several commissioners from presbyteries, to whom the consideration of the same was recommended, in order to its being more ripely advised and determined in this assembly, and considering the frequent practice of former assemblies of this church, and that it will mightily conduce to the exact obedience of the acts of assemblies, that general assemblies be very deliberate in making of the same, and that the whole church have a previous knowledge thereof, and their opinion be had therein, and for preventing any sudden alteration, or innovation, or other prejudice of the church, in either doctrine, or worship, or discipline, or government thereof, now happily established: do therefore appoint, enact, and declare, that before any general assembly to this church shall pass any acts which are to be binding rules and constitutions to the church, the same acts be first proposed as overtures to the Assembly, and being by them passed as such, be remitted to the consideration of the several presbyteries of this church, and their opinions and consent reported by their commissioners to the next general assembly following, who may then pass the same in acts, if the more general opinion of the church, thus had, agree thereto." III. THE SYNOD.-The synods are composed of several adjacent presbyteries. From three to eight presbyteries, according to local arrangement, may compose a provincial synod. Of these superior courts there are in all fifteen. The synod meets twice a-year, at the principal town within its bounds. The meeting is opened by a sermon, preached by the preceding moderator, whose name and text are registered. The members of the synod are the same that compose the presbyteries. Every minister of all the presbyteries within the bounds of the synod, is a member of that court, and the same lay elder who last represented the kirk session in the presbytery is its representative in the synod. By this arrangement the number of ministers and elders may be equal. They choose a moderator, who must be a minister, at every half-yearly meeting of the court, who is their president, but has no negative. The synod sends to and receives. correspondents from neighbouring synods, in the same manner as the presbyteries do. The correspondents are one minister and one elder, who are entitled to sit, deliberate, and vote with the original members. Appeals lie to the synod from the presbyteries in all cases whatsoever. If the plurality of the presbyteries desire it, the moderator must call a pro re nata or intermediate meeting of synod. Presbyteries are subject to the *9 Act of Assem. 1697. privy censures of the synods, as ministers are to those of the presbyteries. At every ordinary session a diet is appointed, in which (when necessary) these privy censures are administered. A synod has its own clerk and officers. All the acts of the synods are subject to the review of the general assembly; for which reason they keep exact registers of all their proceedings. The synod is itself a court of review over the two inferior judicatories.* THE GENERAL ASSEMBLY.-This is the court of last resort, to which appeals lie from all the provincial synods. An appeal may rise progressively from a kirk session, through the presbytery and the synod, to the assembly general. The sentence of this court is, however, final. When a party conceives that the judgment of an inferior court is unjust or erroneous, he is entitled to seek redress by appealing to the court immediately above it. The appeal, if regularly conducted, stops the final execution of judgment. It brings the whole proceedings of that court under review, and sists the members at the bar of the superior court. The courts appealed from are not entitled to deliberate and vote in the review of their own judgment. They are called to state, in such a manner as they think proper, the reasons on which their judgment proceeded. The sentence appealed from is commonly defended before the superior court, both by the appellant and also by the members who pronounced it. If the inferior court has acted according to the best of its members' judgment, and with a good intention, they incur no blame, even if their sentence should be reversed. They are answerable to the superior court for every part of their conduct in the business reviewed, and if deserving, they are censured. There were 936 beneficed ministers before the recent act of Assembly admitted the ministers of chapels of ease to seats in the courts. All these now possess ecclesiastical authority, and personally attend the presbyteries and synods. But they sit in the supreme court of assembly, by representation. The representation of the presbyteries is in proportion to the number of parishes within each presbytery. This was settled soon after the revolution, by act of assembly: "That all presbyteries consisting of twelve parishes, or under that number, shall send in two ministers and one ruling elder; that all presbyteries consisting of eighteen parishes, or under that number, but above twelve, shall send in three ministers and one ruling elder: that all presbyteries consisting of twenty-four parishes, or under that number, shall send in four ministers and two ruling elders; and that presbyteries consisting of above twenty-four parishes, shall send five ministers and two ruling elders that collegiate kirks, where there use to be two or more ministers, : *Chamberlayne's Present State of Great Britain. Dr Hill's Constitution. are, so far as concerns the design of this act, understood to be as many distinct parishes; and that no persons are to be admitted members of assemblies, but such as are either ministers or ruling elders." The number of ministers in the city of Edinburgh increased after the passing of the above act. A special act was therefore made to meet the case.* "That each presbytery whose number doth exceed thirty ministerial charges, shall send to the General Assembly six ministers and three ruling elders." The sixty-six royal burghs of Scotland are represented by sixty-seven ruling elders. Edinburgh sends two, and each of the other burghs one ruling elder. There are five universities, each of which is represented by one of its own members, who may be either a minister or an elder. At present, therefore, the establishment is represented as follows: 200 ministers representing presbyteries. 67 lay elders representing royal burghs. 5 ministers or elders representing universities. 361 members of Assembly. "The General Assembly," says Dr Hill, "so reputable from the number and the description of the persons who compose it, is honoured with a representation of the sovereign by the lord high commissioner, whose presence is the gracious pledge of protection and countenance to the established church, and the symbol of that sanction which the civil authority of the state is ready to give to its legal acts. The church of Scotland claims the right of meeting in a general assembly as well as in inferior courts, by its own appointment; but it also recognises the right of the supreme magistrate to call synods and to be present at them; and the two rights are easily reconciled, when there subsists between the church and the state that good understanding which the true friends of both will always study to cultivate." The establishment repudiates the idea of the king's supremacy in theory, but submits to it in fact. The king neither claims nor exercises any other supremacy over the church of England, than he quietly exercises over that of Scotland. He sends no royal commissioner to the convocation, but the General Assembly can neither meet nor deliberate without the presence of that functionary. When presbyterian government was for a short time established in 1592, the act of parliament of that year declares," that it shall be lawful for the kirk and ministers, every year at the least, and oftener pro re nata, as occasion and necessity shall require, to hold and keep general assemblies." The act of parliament which restored presbytery after the revolution,+" appoints the first meeting of the * 6 of Assembly, 1712. † June 7, 1690. General Assembly of this church, as above established, to be at Edinburgh the third Tuesday of October next to come, in this instant year 1690." By authority of these acts of parliament, the Assembly meets now once a-year, in May. In the earlier periods of our history subsequent to the Reformation, the Assembly met twice a-year, in May and October. never met, however, without the royal authority. To preserve this supremacy and authority, a commissioner was always appointed to represent the sovereign. The Assembly always meets on a Thursday, on which day a moderator is chosen, who is now always a minister, but laymen have been moderators. The celebrated George Buchanan was once moderator of Assembly. It has a respectable establishment of clerks and officers, and its sittings continue ten days. The times for the election of members, and the forms of the instruments of their election, which are called their commissions, are precisely regulated by acts of Assembly. A strict conformity is indispensable. On the evening preceding the meeting of Assembly, the commissions are lodged with the clerks, who prepare from them a roll of the Assembly. An informality in the commission will prevent the member from taking his seat. On the first day of the meeting, the lord commissioner holds a levee at Holyrood house, after which he goes in state to the ancient cathedral church of St Giles. The moderator of the last Assembly preaches a sermon before his grace. After which, his grace proceeds in state to the assembly house, and takes his seat on a throne. It is to be remarked that the commissioner, as his sovereign's representative, has, during his office, ducal rank, is styled grace, and takes precedence for the time being of all other noblemen. The moderator of the last Assembly opens the present one with a prayer. The clerks read the roll of the names of members. Last of all, a new moderator is chosen, who immediately takes his seat a little lower than the throne, as president. His grace exhibits his majesty's commission, and a letter from the king to the Assembly. The principal clerk reads both the commission and letter, and a vote of the house orders them to be recorded. The commissioner then makes a speech from the throne, to which the moderator replies. The court is now constituted. A committee is next appointed, to prepare an answer to the king's letter, and an address, if the “signs of the times" require it. Another committee is appointed to examine commissions. The whole house is divided into two great committees one the committee on bills, and the other on overtures. As we mentioned before, the convocation, like the English parliament, sits in two houses. The Assembly general, which was common both to popish and episcopalian times, follow the plan of the parliament, and sit in one house. In the Scottish parliament there were the lords of the articles, to prepare bills for debate; corresponding to this institution, the Assembly has its committees of bills and overtures. On Friday, the session is entirely occupied in calling over the names on the committees, and, by two members selected by the moderator, reciting extempore prayers. These two committees hold their first meeting on the evening of Friday, the second on the evening of Saturday, and the third on the evening of Monday. All the business of the Assembly must come through them. All bills from the inferior courts are submitted to the committee on bills. All overtures or propositions, from synods, presbyteries, or individual ministers, for any new law, repeal of an old, or for the regulation or exercise of ecclesiastical authority, are presented to the committee on overtures. Either committee may refuse to transmit what is laid before them to the Assembly. But they cannot absolutely exclude a bill or overture: it can be introduced under the form of a protest. On Friday, ministers are selected to preach before his grace on the two following Sundays. On Saturday, the letter to the king, and the address, if any, is brought up, passes through the committee of overtures, and forms the commencement of their report. The second part of their report is the objections, if any, to the commissions, presented by that committee. This occupies the Assembly's attention, and must be discussed before they can enter on any other business. After the objections to commissions have been discussed, the Assembly receives other parts of the report of the committee on overtures, and also that on bills. They then proceed to make such arrangements as the nature and extent of these two reports render expedient. This is done on Saturday, if there is time; if not, on Monday. On Monday, after all these preliminaries, the business of the Assembly commences. In discussing which, the forms necessary in all great meetings are adopted, and which, supported by the authority of the moderator, and the general good feeling of the house, is generally sufficient to preserve decorum and order. The sense of the house on a division is collected by one of the clerks calling the names on the roll. The votes are then marked by the clerk as they are given, under the inspection of the mode rator. When the Assembly judge private causes, counsel are heard at the bar; but when discussing overtures, which are matters purely of internal regulation, counsel are not allowed to speak. Questions discussed in an ecclesiastical court are generally more of a local than of a general interest. Still it does sometimes happen, that discussions in the Assembly are of such a general nature as to excite considerable public interest among all classes of the community. The Assembly generally sits about ten days. When its business is finished, the moderator usually addresses himself to his grace the commissioner, in a speech, embracing the affairs that have been discussed, |