, ^ , '■ .-A V_- iS 0/ ^ Vv^ ;•. Ui 'W'^ ^'ff^^^ ^\ ^M V v i^r: ^Ui! I /^■^'' «^ Pr, Vol , 2.1. i 7 LETTERS ON THE ELDER QUESTION. / BY JOHN MACLEAN. PRINTED BY JOHN T. ROBINSON. 1844 The letters on the Quorum Question were published originally in the Presby- terian, and they bear the dates of the Nos. of that paper in which they appeared. LETTERS ON THE ELDER UUESTION. No. I. January 20. jyiij Dear Sir. — With your permission it is my design to present to the readers of your paper some strictures upon the protests, com- plaints, and appeals of Dr. R. J. Breckinridge and others, and also upon the two speeches of Dr. B. recently published in the Presbyterian. Had (he Synod of Philadelphia re-affirmed the decisions of the last General Assembly res- pecting "a quorum of Presbytery" and "the im- position of hands in ordination" the Rev. Dr. and his friends might have had some pretext for protesting againgt the decisions of the Synod; but when the Synod did nothing more than simply refuse to unite with Dr. B. in condemn- ing the decisions of the last Assembly, to make this refusal a ground for protest, complaint, and appeal is certainly something new under the sun. What are the simple facts in the case 1 Dr. Breckinridge presented to the Syn- od two papers condemnatory of two acts of the last Assembly. Without affirming or denying the truth or falsehood of the several positions assumed by Dr. B. in his argumentative leso- lutions, the Synod simply decided not to adopt them. Whereupon the Rev. Dr. immediately writes two protests against the decisions of the Synod, and the first reason assigned in one of them for protesting is that the decision is con- trary to the word of God; and the second rea- son is that the decision is contrary to the Con- stitution of the Church. Now I am well aware of the Dr.'s ingenuity, but I very much question whether lie will be able to establish it, that the refusal of the Synod to adopt a reso- lution submitted by himself or by any body else is contrary to the word of God and the constitution of the Church. And should the next Assembly sustain his complaint or appeal, it will be an affirmation on the part of that body that the Synod had no right to waive aa expression of opinion on the sulject submitted by Dr. B. or indeed upon any subject, which Dr. B. may be pleased to bring before the Syn- od. This once established, it follows that every ecclesiastical body in our connexion is bound to express an opinion directly on every matter that any one belonging to the body may choose to bring before it. But let me next inquire, in virtue of what „rovision in our Constitution does Dr. Bieck- inridge make the refusal of the Synod to adopt his views a ground for judicial proceedings ? In making this inquiry I do not take the ground, which if I am not deceived Dr. B. him- self has taken, viz. that no complaint or appeal can lie except in cases judicially decided. If any individuals be personally aggrieved by any decision of Session, Presbytery, or Syn- od, such individuals have a right to seek re- dress by complaint or appeal, and others may complain of the wrong done. But of what right or privilege has the refusal of the Synod of Philadelphia to adopt Dr. B.'s propositions deprived any one ? Whether the Constitution of the church makes or does not make the pre- sence of a ruling elder essential to a quorum of Presbytery ; or whether it authorizes or docs not authorize Ruling Elders to impose hands in the ordination of ministers, is the refusal of the Synod to express an opinion in conflict with the constitution 1 If before the refusal of the Synod to sanction Dr. B.'s propositions. there could be no quorum of Preslijtery with out an elder being present, and if a ruling el- der could impose hands ; this state of things is not altered by the decision of the Synod. — Where then is the ground of complaint or of appeal ] If these views are correct, it would be per- fectly preposterous for the next Assembly to listen to the complaint or appeal. That Dr. B. felt the awkwardness «f his position, is evi- dent from the fact that he was evidently at a loss whether to enter a complaint or an appeal, leaving it to the judgment of the next Assem- bly to say, whether he should be permitted to complain or appeal. He has no right to do the one or the other. It would be a flagrant abuse of the privilege of submitting overtures to Pres- byteries and Synods, to make the rejection of them a subject of judicial proceeding. In my next communication, I shall enter up- on a review of Dr. B.'s statements and reason- ings in his speech on the Quorum Question ; but as so much has already appeared on this subject, I shall confine myself chiefly to the points not handled by others. With the most sincere respect and esteem, yours, John Maclean. II. Jmuiarii 27. •l/r. Editoi — Before entering upon an ex- amination of Dr. Breckinridge's argument to prove that the decision of the last Assembly, respecting a quorum of Presbytery, is opposed to the constitution of our church, I beg leave to make a few prefitory remarks. 1. For the right decision of the matter in dispute, we have nothing to do but to ascertain the true import of the rule, in our " Form of Government," which s;iys : "Any three minis- ters, and as many elders as may be present belonging to the Presbytery, being met at the time and place appointed, shall be a quorum competent to proceed to business." 2. If this rule is not in accordance with the sarrcd Scriptures, or if it is in conflict with that article of the constitution which defines what a Presbytery is, or if it is found to be in- jurious in its operation, let it be altered. Yea further, if the rule is not acceptable to any con- siderable number of our ministers and elders, although they should be a decided minority, let the rule be changed. It is but a mere mu- nicipal rule which may be, at any time, modi- fied so as to suit the convenience or inclina- tion of ihose by whose consent it has the force of law, 3. The Assembly has expressed no opinion, ji in regard to the expediency or propriety of the rule, but has simply said that in the judgment of the Assembly it is perfectly consistent vi'ith the rule as it now exists, for any three minis- ters of a Presbytery being met at the time and place appointed, to proceed to business. And in the answer to the protest presented to the Assembly against this decision, the Assembly observes, " If our protesting brethren think that the cause of truth and order would be pro- moted by the practice which they wish to in- troduce, let them propose a change in the lan- guage of the Constitution. It would be an easy matter to say, ' Any three ministers, and one, two, or three Ruling Elders belonging to the Presbytery, being convened at the time and place fixed for meeting, shall be a quorum competent to proceed to business.' " Would not the most peacefid course, and the one most likely to unite all concerned, have been, to submit an overture to the Presbyteries, request- ing them cither to modify the rule, or to give it such an authoritative construction, as would make it accord with the \Hevvs of those who now maintain that the terms of the rule re- quire the presence of one or more elders in or- der to make a quorum of Presbytery 1 4. If in giving the judgment they did, the Assembly erred, would it not have been sufii, cient for the coircction of the error, to point out clearly that there was an error 1 '1 here surely could be no necessity for Dr. Breckin- ridge to give utterance to the perfectly gratui- tous charge against the clergy, of being under " that unhappy and dangerous prepossession, which Bcems to characterize the Icelings nnt' opinions of our ministers upon every question touching the position and rights of the ruling elders, and to threaten the church with the terrible calamity of the permanent subjugation of these last named officers, and as must inevi- tably follow, the overthrow of the freedom of the church." Need I characterize such an as. persion in t!ic way it deserves? I presume that there is very little reason to fear, I should hope none, that Dr. Breckinridge will succeed in his a 'tempt to excite the jealousy of the ci- ders against the ministers of the church. 5. The decision of the Assembly prevents no elder from bemg present at every meeting of his Fresbylcry ; it interferes with the exer' cise of no one of his rights, when piesent; and without the concurrence of the elders them- selves, there can never be a quorum of Pres- bytery without one or more of them being present ; for there can be no meeting of Pres- bytery, unless every session within the bounds of the Presbytery be apprised of the meeting, and have an opportunity to commission one of their number to attend it; and the last assem- bly gave it as their judgment, that it was not only the right and the privilege of the elders when thus commissioned, but also their duty to be present at the meetings of the Presbyte- ry. But while the Assembly regarded it as the duty of the elders when conmiissioned for the purpose to attend the meetings of Presby- tery, they recognized the fact that the constitu- tion gave the Presbytery no power to compel the elders to be present at their meetings; and although Dr. Breckinridge treats the ideas as absurd, and worthy only of contempt, yet it is nevertheless a fact, as fully shown by Chan- cellor Johns, in his communication to the " Presbyterian," that the constitution has given to the Presbyteriis no such control over the elders as that for which Dr. B. contends. Whether it should have given the power or not, I shall not now undertake to discuss. But is it not a little strange, that Dr. B. who would fain have himself regarded as the groat asserter of the rights of ruling elders, should be for abridging t'.ie liberty of the elders, and for making that compulsory, which in regard to them the constitution has made voluntary ? It may be well for the reader to compare chap- ters X. 3, 5, and xii. 2, of our Form of Govern- ment, and observe the difference in the form of expression, when mention is made of churches being represented in presbyteries, and of the Presbyteries themselves in the General Assern- bly. Lest I trespass against the rules laid down with respect to articles on this subject, I shall defer my examination of Dr. Breckinridge's ar- gument until next week. With the most sin- cere respect, yours. III. Febrxiary 3. J^Ii\ Editor — To show that the decision of the Assembly, respecting a quorum of Pres- bytery, is contrai-y to the constitution of our Church, Dr. Breckinridge observes, " If ruling elders are essential to the composition of a Pres- bytery, and a quorum of Presbytery is actually and potentially a Presbytery, then by the terms of the proposition, ruling elders are essential to the formatiom of a quorum." To prove that ruling elders are essential to the composition of a presbytery, he cites " Form of Government," X. 2. " A Presbytery consists of all the minis- ters and ruling elders from each congregation within a certain district." The attentive read- er cannot fail to perceive, that this argument no more proves that both ministers and elders are necessary to a quorum, than it does that all the ministers and an elder from each con- gregation are necessary to a quorum. If it proves the latter, the other is a fair inference • otherwise it is any thing else than a just in- ference. Of all the men in our (Church, Dr. Breckinridge, it seems to me, is the last who should insist, that the presence of both minis- ters and ruling elders is essential to a quorum of Presbytery. Does he not hold, that when they are ordained, it is not as ministers and as ruling elders, composing two distinct orders, but as presbyters of one and the very same or- der, and on precisely the same footing ; so much so, that if a ruling elder should become a preacher, he requires no other ordination than that which he receircd, when he was set apart to the oflice of ruling elder ? Does he not also hold to the position, that the ministers as well as the ruling elders are rightfully mem- bers of Piesbytery only in virtue of their being delegates from individual churches 1 If so what reason can there be for his asserting that both ministers and ruling ciders are essential to a quorum ? They arc according to Dr. Breckinridge equally presbyters, equally repre- sentatives of the people, and as members of Presbytery there is no distinction whatever be- tween them. Why then needlessly make a distinction ? "Would it not accord better with Dr. Breckinridge's views of Presbyterian church government, to maintain that the pro- vision in our " Form of Government" requir- ing a given number of ministers to make a quorum is in violation of the rights of elders, and that as the elders are competent to all the duties of presbyters, they can be, and ought to be of themselves a quorum, in case the minis- ters are all absent? But I waive further re- marks on this point, and without the least hes- itation, I concede to Dr. Breckinridge that " a quorum of a Presbytery is actually and poten- tially a Presbytery," and that a quorum of any no specific provision to regulate this matter, then according to the law, as Dr. Rieckinridge styles it, " of common sense, and of com- mon practice of deliberative bodies," a majori- ty of the whole number would be the quorum. And if the ruling elders commissioned to at- tend any given meeting of Presbytery were a majority of the whole number of presbyters, then in the absence of all specific provision on the subject, according to the above named law " of common sense and of the common prac- tice," they, if met at the time and place ap- pointed, would be a quorum, even in the ab- sence of all ministers, unless certain duties were by the constitution assigned to the Pres- bytery, which implied, and which for their pro- per discharge required, the presence of one or more ministers ; for in the definition of the term Presbytery there is nothing to prevent their being, for the occasion, the Presbytery, though there be not a minister present. So on the other hand, there is nothing in the defi- nition of a Presbytery which could prevent the ministers, if they were a majority of all the presbyters, from being for the occasion the Presbytery, even in case all the ruling, elders were absent. Nor is there any thing in the definition of the term " Presbytery" which makes it necessary to include both ministers Presbytery, say that of Balliinorc, is that Pres- and ciders, in any specific provision regulating bytery. But does this mean, that in all cases a quorum is composed of " all the ministers and a ruling elder from each congregation within a certain district 1" No one will main- tain this, and if so, then as a quorum of a Presbytery is a Presbytery, there can be a Presbytery without all the presbyters being present. And if there can be a Presbytery without all the presbyters being present, from what does it appear, (hat all the ministers may not be absent, and that yet there may be a Presbytery ? Surely not from the definition, which only designates the persons of whom the Pre-bytery is composed. As to the point, who and how many of the individuals thus designated must be present in order that busi- ness may be transacted, it determines absolute- ly nothing. Were there in the constitution how many and what presbyters shall be a quorum ; and if all the duties assigned to the Presbytery could be discharged by the presby- ters indiscriminatelj', it might be sufficient to fix merely the number requisite for a quorum. What is the import of the rule we now have on this subject, I shall discuss in a subsequent number. "The House of Lords" in Britain consists of " the Lords spiritual and temporal," and yet wc have the authority of the learned anno- tator on the Commentaries of Elackstone, for saying, " That unless precedents could be found to the contrary, there seems to be no reason to doubt, that any act at this day would be valid, though all the temporal lords or all the spiritual lords' were absent." From the 4th Book of Blackstone, chapter 19, we learn. that when the House of Lords sit as a court for the trial of capital oficnces, the spiritual lords always withdraw. " There is," says Blackstone, " no instance of their sitting on trials for capital offences," and although in %ese cases they usually withdraw under pro- test, and asserting their right, to sit as members of the court, yet we never hear of their assert- ing, or any body for them, that there can be no quorum or no court in their absence. And it is, I believe, a well known fact, that during the transaction of the ordinary business of the House of Lords, it is very often the case that there is no bishop present. Here then we have a case in which a house is composed of ] two distinct classes of persons, and yet in the j absence of one class any business whatever may be transacted, to which the whole body is ^ competent. Here then too we have a perfect | illustration of the position we maintain, that although a Presbytery consists of two distinct | classes of persons, it by no means follows that , no business can be done, unless some of both classes be present. This depends entirely j upon the fact whether or not there is in the I Constilution, any specific provision requiring I some of both classes to be present. Or in j other words it brings us to the simple question [ what is the true import of that section, which says, " Any three ministers, and as many el- ders as may be present belonging to the Pres- bytery, shall be a quorum competent to proceed to business." As introductory to the argument on which I j have been commenting. Dr. Breckinridge i quotes from our Form of Government, VIIL 1 . | to prove, what no Presbyterian has ever denied, ; and which I beUeve as fully as Dr. Brcckin- i ridge himself, that the church is to " be go- verned by Congregational, Presbyterial, and Synodical Assemblies," and that church go- vernment is not in the hands " of church offi- cers individually considered." For the same purpose he cites the language of the West- minster Assembly, of the Second Book of Discipline, of the Scottish Assembly of 1647, of Henderson and the other Scottish Commissioners to London, whose language accords fully with the words of our Constitu- tion, and which declares, to quote the words which Dr. Breckinridge seems to regard as strong as any other, if not the strongest, cited by him, viz: those of the Assembly of 1647, " That Ecclesiastical government is committed and entrusted by Christ to the Assemblies a' the Kirk, made up of ministers of the word and Ruhng Elders." And after all what more is here meatit than simply this, that all assemblies having any thing to do with the government of the Church consist both of ministers and Ruling Elders. Nothing is determined as to the point whether all the ministers or all the Ruling Elders may be absent, and yet busi- ness be transacted. The language may indeed imply, that there can be no lawful assembly, if either class be excluded from the meeting, but it by no means implies that the voluntary ab- sence of one class shall disqualify the other from attending to the ordinary business of the body, and more especially if the persons pres- ent be a majority of the whole body. The doctrine of the Scottish church is, that " an Assembly is null, where no elders are commis- sioned," not if none be present. See Steuart of Pardovan, I. 15, 4. The voluntary absence of the Elders does not vitiate an Assembly. Dr. Breckinridge tells us, that " the Assembly of 1638, the most memorable except that of 1843, annulled as utterly illegal, no less than six pre- ceding and as they called them, pretended as- semblies, to wit, those of 1606, 1608,1610, 1 6 ] 6, 1 6 1 7, and 1 6 1 8," and he adds, "Amongst the reasons assigned for this immense stretch of authority, in five cases out of six, one rea- son is, that there were no Ruling Elders pres- ent in these Assemblies, in some none being lawfully commissioned, in others none lawfully sent." From his own statement, it is evident that it was not the absence of the Elders, that vitiated the Assemblies, but the fact that those present were not lawfully commissioned, or lawfully sent as delegates to these Assemblies ; and yet Dr. Breckinridge would have us regard these entirely distinct propositions as one and the same, just as in the case previously consi- dered, he views it as the same thing to prove 8 that a Presbytery consists of both ministers' and elders, and to prove that there can be no meeting of Presbytery, unless there be both ministers and elders present. i In both cases he proves one thing, and con- siders this as proving another and an altogether distinct thing. If the House of Lords should resolve, that on a given day the bishops should not attend, this would be an unconstitutional act, and the house could not be legally consti- tuted ; but if having full liberty to be present the bishops choose to be absent, this could oc- casion no impediment to the transaction of or- dinary business. Who can fail to see that be- tween the constrained and the voluntary ab. sence of members there is the widest possible distinction ? In the one case the absence would render the acts of those present null ' in the other the acts would be valid. If in the Assemblies condemned by that of 1638, there had been no ciders present, it would have made an essential difference, whether their absence was owing to their own free choice, or to the fact that the Presbyteries were for- bidden, or not permitted, to commission elders to attend said Assemblies. Yet this obvious distinction Dr. Breckinridge has entirely over- looked. But in these Assemblies there were elders present, not indeed freely chosen and commissioned by the Presbyteries, but selected by the king, who would not permit the Pres- byteries to send such commissioners as they thought best, and who, in the case of the el- ders, summoned them to attend, and without even requiring the Presbytciics to give them commissions, as he did in the case of the min- isters. In Calderwood's History of the Church of Scotland, a history " written at the appoint- ment of the General Assembly, and by the Assembly, revised and examined and ap- proved for the press," and the author of which was the associate and friend of both the Mel- villes, and of Henderson, we have an account of these condemned Assemblies, and we find one of the objections to have been, not that there were no ciders present, but that those present, or a large proportion of them, had been irregularly appointed. In his account of the Asscnibly of 160G, Calderwood gives the names of not less than twenty-seven lay- men who were members of this Assembly. — At the Assembly of 1608, he tells us, " There were present above forty noblemen and gentle- men directed by the king to be present." And again he speaks of " the Earls, Lords, Ba- rons, and Gentlemen, sent for by the king, 'ivautiu^ commissio7i," as voting for Mr. Jamea Iiaw, the candidate " of the corrupt side," to be moderator of the Assembly. The phrases " wanting commission," and " sent for by the king," clearly point out the nature of the ob- jection to their being members of the Assem- bly, and to the Assembly itself, the elders in which had not been regularly and lawfully commissioned by their respective Presbyteries. Of the Assembly of 1610, he says, "Noble- men, Barons, Bishops, and others, iv/io had no commission from Presbytery or Synod, were present to make all sure by plurality of votes, if there had been need." He had previously remarked, " Whereas the General Assembly ought to consist not only of ministers but also of Barons and commissioners from burghs, freely chosen, &c. ;" and again, " This As- sembly was intimate only by missives to such Ministers and Barons, as it pleased the king with the advice of the bishops, to call to that meeting." Of the Assembly of 1616, Calder- wood observes, " A number of Lords and Ba- rons sat there, Imthaduot lawful commissioji." Of the Assembly of 1617, nothing is said re- specting the persons present, though it is men- tioned, that at the Diocesan Synods, there were commissioners chosen for the General Assembly before it was indicted, and that " there loas no freedom in the election." As members of the Assembly of 1618, we have given the names of sundry Lords, Barons, and Burgesses ; and it appears that some of these at the least, had not been " chosen with con- sent of the Presbyteries." From this statement taken from Calderwood, the reader can see that it was not the volunta- ry absence of ruling elders that vitiated the Assemblies of 1G07, 1608, 1610, 1616, 1617 and 1618, but the want of a regular commis- 1 "declares that neither the constitution of the sion from the Presbyteries. The condemna- Church nor the law of the land, in Scotland, tion therefore of these Assembhes, by that of j ' do authorize any other ecclesiastical judicato- 1638, has nothing to do with determining the i ries but Assemblies, Synods, Presbyteries, and question whether in the Church of Scotland, Kirk Sessions, or their committees, consisting the voluntary absence of ruling elders from the regular meetings of Presbytery, Synod, or General Assembly, is a bar to the transaction of business by the ministers. To answer Dr. of ministers and ruling elders ;' that ' no eccle- siastical judicatory or committee thereof can be lawful without consisting of both ministers and elders,' and he expresses a doubt whether Breckinridge's purpose, he must produce a the State would recognize or correspond with case, in which the Church of Scotland has i any bodies not thus composed." This state- condemned the proceedings of a Presbytery, j ment Dr. Breckinridge regards as establishing Synod, or General Assembly, on the ground of the voluntary absence of ruling elders. This I am confident he cannot do. In my next communication I shall have his position ; but the fact that an Assembly, a Synod, a Presbytery, or a committee of any- one of these must always consist of ministers and elders is no evidence that there cannot be a lidence. something further to say on the law and prac- 1 quorum of any of them, if either the ministers ticeofthe Church of Scotland, to which Dr. : or the elders be absent. The only point in Breckinridge has appealed with so much con- , vvhich this statement differs from those quoted j by Dr. Breckinridge from the " Form of Go- I vernment" agreed upon by the Westminister i Assembly, from the " Second Book of Disci- pline," from the Acts of the Assembly of 1647, &c., considered in my third number, is simply this, that committees are mentioned by Steuart as also consisting of ministers and elders. IV. February 10. JMr. Editor — In my last number I pointed out two mstances in which Dr. Breckinridge Granting what I do not however believe to be had taken the proof of one thing for the proof, the fact, that Steuart designed these remarks of another. In the present number I shall j respecting committees to apply to other com- give one or two more examples of the same kind. " According to the settled law of the Scot- tish church," says Dr. Breckinridge, " every church court, in which ruling elders do 7iot sit is illegal, and all its acts are null." In sup- port of this proposition laid down without any qualification, and as I hope to show, without any authority, he adduced the case of the con- demned assemblies of 1606, 1608, 1610, 1616, 1617, and 1618. That the condemnation of these assemblies affords no support to his asser- tion respecting the law and the practice of the Scottish Church, I showed from his own state. ment of the case, and from the facts mentioned by Calderwood in regard to these assemblies mittees than those known also by the name cf commissions, yet they come very far short of proving what it is Dr. Breckinridge's aim to prove, viz. that " according to the settled poli- cy of the Scottish Church, every church court is illegal in which ruling ciders do not sit." All that Steuart says, and all that can be made out of his language, even upon the admission that all committees whatever are included in his remarks, is no mJre than this, that every Presbytery, Syno(?, and General Assembly, and every comrpittee of these bodies is com- posed of ministers and ruling elders, and that their acts are illegal, if either ministers or el- ders be excluded from them, and not as Dr. Breckinridge would have us believe, if either I shall now examine his other statements on ministers or elders of their own accord absent this subject, and in as few words as possible, themselves. That I am correct in this state-. " Steuart of Pardovan," says Dr. Breckinridge, I ment is evident from the fact, that when Steu- 2 10 art says, " But the ccmmission consisting of both ministers and elders, without which no ecclesiastical judicatory or committee can be lawful," he refers for proof, and it is his only authority, to the fourth section of the same chapter. " An Assembly is null where no ruling elders are commissioned." Had Dr- Breckinridge taken the pains to refer to (his section, he wou'd perhaps not have fallen into the mistake he has, and confounded the phrase "in which Ruling elders do not sit," which is his own, with the phrase, " where no Ruling Elders are commissioned," which is Stcuart's* In Book I. 15. 1, speaking of Presbytery Steuart says, " This judicature consists of all *he pastors within the bounds, and one ruling elder from each parish therein, who receives a commission from the eldership to be a member of the Presbytery, and to represent them there until the next Synod be over. Thus twice a year there are new elections of ruling elders.'' As the Scottish Synods met twice in a year, the Elders were chosen for six months, and for this space of tin^e they were members of Pres- bytery whetlier present or absent, for it was not their presence at the meetings, which were formerly required to be held every third week, but their commission to represent their respec- tive Kirk Sessions that made them members of Presbytery, What more difficulty therefore could there have been in naming them mem- bers of committees, than, as is often done with us, in naming as members of committees ab- sent ministers, and, I may add, absent elders too 1 Dr. Breckinridge, I presume, has hard- ly reached the point of denying that a peison can be appointed a member of a committee unless he be actually present at the time such appointment is made, if actual presence is not essential to an appointment as a member of a committee, there could be r.o practical diffi- culty in the way of transacting tU the ordinary business of a Presbytery, even upon the sup- positions, that there were none of the regularly commissioned elders present, and that no com- mittee whatever can conisist of ministers alone. Those absent might bo named members of committees, and whenever they happened to be present they could without further instruc- lions act with the other members. That in the earlier periods of the Scottish Church no such doctrine was held as this, viz., that there could be no committees of any ecclesiastical court, except such as were composed of both ministers and elders, is evident from the very first sentence of the paragraph from which Dr. Breckinridge makes his quotations, and which is in these words ; " Some few years ago, the Presbyteries of this church, co/i/brm ro -what had been practised, did delegate one of their number, being a minister, to repair to the city where the parliament did sit, and during that time attend and watch ne quid detrimcnti ca- peret ecclesia." That committees consisting of ministers only were frequently appointed during the times of Knox and Melville, evi- dence the most ample is furnished by Calder- wood in his history. Both Knox and Mel- ville were members of committees so composed. Messrs. Knox and Craig, both ministers of Edinburgh, were appointed by the General Assembly of 156.5, a committee " to set down the form of exercise which was to be used at the public fast, and to cause print it, which they did." Andrew Melville was a member of a most important committtce consisting only of ministers, and appointed by the Assembly of 1575, and of another appointed by the As- sembly of 1577. And in 1578, the verv year that Melville was Moderator of the Genera' Assembly, a committee of three ministers was appointed to present to the King and to the council copies of the " Second Book of Disci- pline," and before presenting them to compare them with the original, and to see that they were correct. By the General Assembly o^ 1595, he was appointed one of a commission consisting of nine ministers, and of these nine only, to advise the King in regard to the choice of chaplains, and his nephew Mr. James Mel- ville is the first named in a commission of eight persons, all ministers, to visit the colleges, and to try the discipline, doctrine, 6ic.. of the teachers ; and these appointments were made at a time when Andrew Melville's influence was at its height. If Melville was " as learned 11 as Calvin, and as bold as Knox," and if the •' Second Book of Discipline" is " the clearest and noblest monument of church order," it can be no very great aberration from Presbyterian order, at least in Dr. Breckinridge's estimation. I take it for granted, to conform to the prac- tice of the Church of Scotland, when that book was her law, and Melville her most influential minister. That Steuart has reference chiefly if not exclusively, to the committees which are authorized to determine in matters committed lO them, and not merely to report to the As" semblies for their action, and which commit- tees are otherwise called commissions, is evi. dent, I think, from the connexion in which his remark respecting the composition of ecclesias- tical courts and their committees occurs. The section, in which the passages cited by Dr. Breckinridge are found, treats of " Delegates appointed to Parliaments." But be this as it may, and I am perfectly willing to concede to Dr. Breckinridge, that Steuart has reference to all committees and sub-committees whatev- er ; yet he does not say, that no Assembly, Synod, Presbytery or Committee cannot trans- act business, unless Ruling Elders be present ; but merely that these bodies must he composed of both ministers and elders ; which is a very diflferent thing from the other. Confounding the composition of these bodies with the indi- viduals requisite to a quorum, Dr. Breckinridge argues, both against the fact in the case, and the clear import of the terms, that according to the Scottish rule, there can be no meeting of a commission of a General Assembly, and no meeting of a Presbytery, unless Ruling Elders be present. Steuart tells us, page 44, " That the Directory for Government saith, • That to perform any classical act of government or or- dination there must be present, at least, a ma- jor part of the ministers of the whole classis' '' (i. e. Presbytery,) and not one word about the presence of Ruling Elders; and yet in the very face of this statement. Dr. Breckinridge insists that the meeting would be illegal, unless one or more Ruling Elders be present, not because Steuart, or any other authority, says so, but because mistaking the import of Steuart's Ian. guage, respecting tbe conaposition of a Prefsby- tery he imagines that Steuart held this view of the matter. " In the printed Acts of the Scotch Assem- blies" says Dr. Breckinridge, " I have before me repeated acts of successive Assemblies from 16.38 to 1649 appointing their standing 'Com- mission for the public afluirs of the Kirk.' These acts name first a large number of minis- ters, then a large number of Ruling Elders, who are directed to meet on a day certain, at a place fixed, and afterwards ' as they shall think good,' and then ' gives and grants unto them, or any ^f teen of them, there being txvelve mi- nisters present, full power and commission, &c.' " What is the plain and only meaning of this language 1 Can it mean any thing else than this, that if any fifteen commission- ers, not less than twelve being ministers, meet as directed, they have full power and commis- sion ? If all the fifteen be ministers, the limi- '•ations in the grant are complied with : and so jhey are, if twelve of them be ministers, and three of them be elders, which is all that Bail- lie, another authority cited by Dr. Breckinridge, Says or means, when in his journals of the As- sembly of 1643, he states " an ample commis- sion was drawn to a number of the ablest in the whole land, whereof twelve ministers and three elders are a quorum." This, however, is not at variance with the obvious import of the acts of the Assemblies, which fix the quorum at fifteen, and require that of these fifteen at least twelve shall be ministers, while it is evi- dent that the whole fifteen may be ministers. At the present day, the whole Assembly is the Commission, and the number requisite to a quorum has been enlarged ; of this number twenty-one must be and all may be ministers. After citing Steuart of Pardovan, Dr. Breck- inridge says, " I have discovered a very curi- ous fact, strongly illustrative of the subject now before us, in which the commission of the Scottish Assembly of 1643, in appointing a special commission of itself had its attention di- rected to the very principles for which I now contend, and fully recognized them in one of the most interesting acts, and in its issues one of the most important ever performed by a church court. It was on the occasion of ap- 12 pointing commissionerg to the Westminster Assembly." Baillie insisted, and finally suc- ceeded in his effort, that with the ministers ap- pointed commissioners, some elders should be associated, and of the icasonsassianed by Bail- lie in favour of this measure. Dr. Breckin- ridge quotes the following: "The exclii(li?ig- the ruling elders from a commission of this na- ture, may call in question the validity of the commission, may hazard the approbation of it by the next General Assembly, may give just offence to all ruling elders, may make all the actions of these ministers more unpleasant, and of less authority with the body of the nation.'' "The result," says Dr. Breckinridge, "was the recognition of the principle, that ruling el- ders must regularly be members of all assem- blies whose constituent parts are preaching and ruling elders, and even of all commissions and sub-commissions of them, whether general or special, and three ruling elders, the Earl of Cassilis, Lord John Maitland, and Johnston of Waristoun were united with the ministers Henderson, Douglass, Riuherford, Baillie, and Gillespie, as commissioners on the part of the Kirk of Scotland to the Westminster Assem- bly." If by the ambiguous language "that ruling elders must regularly he members of all assemblies whose constituent pnrts svrc preach- ing and ruling elders, and even of commis- sions," Dr. Breckinridge means to say merely that the principle was recognized, that all as- semblies for the government of the church, and all commissions of these assemblies must consist of both ministers and elders, I object not to his statement ; but if he means more than this> and maintains that in the appointment of el- ders on this occasion there was a recognition of the principle, that no assembly, or commis- sion, can transact the business committed to it unless both ministers and elders be present, I do object, and I will at once produce the evi- dence that his inference is unfounded, and that too from his own authority. In his journal of the Assembly of 1643 — Baillie has the follow- ing passage, "Friday, the ]8th, a committee of eight were appointed for Jiondon, whereof avy three, were a quorum. Mr. Henderson, Mr. Douglas.s, Rutherford, Gillespie, I, (Bail- lie,) Maitland, Cassilis, and Waristoun." From this it is evident beyond all dispute, that although the commission consisted of both ministers and elders, the three elders would have been a quorum,* or any three of the five ministers ; and that this latter case ac- tually occurred, is but beyond all dispute, by Baillie's letter to Mr. David Dickson, of the date of Oct. 27, 1646, in which letter he urges Mr. Dickson to unite with Lord Waristoun in obtaining his desire, and that of Mr. Rutherford, to have permission to return home, and in the course of the letter he thus writes, " and we do think that the matters are likely to draw out so extremely long, that it will be enough for one to wait on, and however Mr. Gillespie would be as gladly loosed as any of us, yet if any stay, without all question, all things well considered, he is the meetest of the three. But the commission possibly will leave to ourselves which of the three shall be left, only I pray you to press a dismissim for two." Now I conceive, we have here a confirmation of what, in opposi- tion, to Dr. Breckinridge, I contend for, viz, that although a judicatory or a commission consist of b(tth ministers and elders, it is no* necessary on that account, that both ministers and elders must be present in order to form a quorum for the transaction of business. And the only matter for surprise is, that if Dr. Breckin- ridge was aware of the facts just stated in regard to the quorum of the commission to the West- minster Assembly, he should not have been led to see the error which pervades his whole speech and which is the foundation of all his false reasonings and inferences, viz , that because an assembly consists of two classes of persons, there can be no quorum unless some of both classes be present. 'J'hat this was not the case in the Commission to the Westminster Assembly, I think Dr. Breckinridge will hard- ly ventuie to dispute ; and with as little rea- son can he maintain, that under the law of the Scottish Church, there can be no meeting of a Presbytery, unless Ruling Elders be pres- ent. We all agree that under the constitution of * See letter of April 6th. 13 the Scottish Church, as well as under our own a Presbytery consists of both ministers anJ elJers- That even Baillie did not consider it neces- sary for all committees and sub-committees to be composed of both ministers and elders is evident, from the form of expression used by him " commission of this natitre^^ and also from the fact, that in his letter of the date of October 1, 1647, he speaks of a declaration which was committed to himself and another minister, viz. Mr. Gillespie, and which he says was approved by the Assembly of that year. Other evidence, full and decisive on this point, might be given from his letters, but as it is not material to the decision of the matter in hand, I shall omit it. V. February 17. Mr. Editor — Having shown in the prece- ding numbers that the law of the Church of Scotland affords no countenance to the posi- tion assumed by Dr. Breckinridge, viz. that no assembly of the Church can lawfully transact its regular business unless both ministers and elders be present at its meetings ; I propose now to give the evidence, that the views of Dr. Breckinridge are equally at variance with the express provisions of our own constitution. But before doing this, let me remind the rea- der that between Dr. Breckinridge and myself there is no difference of opinion, as to these three points, 1. That according to our consti- tution every assembly of the Church, taken in its widest sense as comprising all who belong to the body and have a right to take part in its proceedings, consists of both ministers and el- ders. 2. That it is not necessary for the re- gular and lawful transaction of business, that all who are members of a session, Presbytery, Synod, or General Assembly should be pres- ent at the meetings of these bodies. 3. That when a sufficient number for the regular trans- action of business, commonly designated a quo- rum, is met at the time and place appointed, this number or quorum is for the occasion " actually and potentially" the body, notwith- standing the absence of some of the members. The point as to which we differ is this. Dr, Breckinridge atiirms that both a minister and a ruling elder must be present at every meet- ing, or else no business can be. lawfully done ; and this he does not maintain in reference to a Presbytery alone, and on the ground of a spe- cial provision in the constitution, but as per- taining to all church courts, and as an essen- tial feature in their structure. This I deny ; whether for sufficient reasons the reader can judge. In chapter xii. 2, are these words, " The General Assembly shall consist of an equal delegation of bishops and elders from each Presbytery, &c." In section 3, of the same chapter-, are these words, " Any fourteen or more of these commissioners, one half of whom shall be ministers, being met on the day and at the place appointed, shall be a quo- rum for the transaction of business. By any torturing of language, can these words be made to mean, that of the fourteen or more commis- sioners necessary to a quorum some must be elders 7 Is not the evident meaning of these two passages, one defining the composition, the other the quorum of the General Assembly this — that of the delegates chosen in equal numbers from the ministers and elders, any fourteen or more being met in the manner pre- scribed, would be a quorum for the transaction of business, provided that not less than half of those thus met were ministers > If all the fourteen or more commissioners were mi- nisters, one half would be, and the only limitations in this section defining a quorum would be complied with, and so there would be a quorum for the transaction of business without an elder present. I am not now giving an opinion that it ought to be so, but am merely staling what is the plain and obvious meaning of the rule respecting a quorum of the General Assembly. It depends upon the elders themselves, and upon them alone, to say whether, under the rule we now have, the case shall ever occur, that there shall be a meeting of the General Assembly without an elder being present. Of this I am persuaded that the elders have no need for me to tell 14 them, that so far from being desirous that the elders should absent themselves from the meet- ings of our Church courts, the ministers have uniformly encouraged their attendance. The case, I trust, will never occur, that we shall have a General Assembly without the atten- dance of a large number of ruling ciders, and the nearer they approach to the m'nisters, in point of numbers, the better. Yet it is obvi- ous beyond dispute that those who framed and ratified the Constitution, designed, that in this highest court of our Church, the ciders should never exceed the ministers in number, and that in case the elders after being duly com- sioned to attend, should from choice, or from any personal engagements or hindrances, ab- sent themselves from the Assembly, the minis- ters should be at liberty to proceed with the business of the body. In the first or lowest of our Church courts, viz. in the church session, there can be a quo- rum without a minister present, as appears from chapter ix. sections 3 and 4 of the "Form of Government." This matter was discussed in the very able communications of the Rev. Wm. M. Hall, and I should not now dwell for a moment upon it, were it not to take no- tice of the mode in which Dr. Breckinridge endeavours to evade the force of the argumen t derived from it, when brought to bear against his main position, viz. that as all our Church courts consist of both ministers and elders, both are essential to a quorum. •' If it be said," remarks Dr. Breckinridge, " that inasmuch as in extreme cases a session may be constituted without the presence of a minister, (ch. ix. sec. 4.) it follows that in extreme cases a Presby- tery may be constituted without elders, I an- wer, as the first is by express law, the second must be also, and there is no such law ; fur- ther, the existence of clear law for the former, and the total want of it for the latter, is conclu- sive against it ; and further still, that the argu- ment contradicts itself, since it argues from the plenary powers of clilcrs to the total want of all power, from their paramount importance in a parochial Presbytery to their utter insignifi- cance in a classical Presbytery, from their abil- ity to act without ministers in one assembly, to the ability of the ministers to act without them in another assembly — all which is absurd." Let us now examine the several parts of this answer, and in the order in which they occur. " As the first is by express law, the second must be also, and there is no such law." But the l\ict is, thnt what Dr. Breckin- ridge is pleased to regard as an express law^ dispensing in certain cases with the presence of a minister, is nothing more than an excep- tion to an express law making the presence of ? minister and of two ruling elders necessary to the quorum of a church session. Had there been in the Constitution no specific provision re- quiring the presence of both the minister and the elders, and making the minister the moderator of the body, there would have been no occa- sion for the express law of which Dr. Breck- inridge speaks, or to speak with more exactness for this exception to an express law. In the absence sf all specific provision, "the law o' common sense and of the common practice of deliberative bodies" to quote again the language of Dr. Breckinridge, would determine that a majority of the members of the session would be a quorum, whether the minister were a member or not of that majority. It is not then in vir- tue of an express law that elders in given cases may make a quorum of session, except so far as there is in these cases a suspension of a more general and express provision making the presence of a minister necessary to a'quo- rum, and without which more general and ex- press provision, the presence of a minister would not be neccssarj-. Henc£ it appears from this case, that there can be a quorum of a church court, without the presence of both ministers and elders, and without any express provision dispensing with the presence of either, the common and well known practice of delibera- tive bodies determining this matter. The next division of Dr. B's answer is the same as the first, with the simple difiercnce that it is couched in different terms. The reply to the fiist is a sufficient reply to the second. " And further 1 still," says Dr. B. " the argument contradicts itself, since it argues from the plenary powers 16 of elders to the total want of all power, from their paramount importance in a parochial Presbytery to their utter insignificance in a dassical Presbytery, from their ability to act ■without ministers in one assembly to the abili- ty of the ministers to act without them in ano. ther assembly ; all which is absurd," To say nothing of the disingenuous statement, that those who differ from him on this question argue for the utter insignificance of the elders, and their total want of all power, in Presbyte- ry, I would call the reader's attention to the fact that the argument has no respect whatever to the relative powers of the ministers and el- ders in the parochial and classical assemblies, but is designed merely to show from the express language of our Constitution that it is not a tenable position, that there cannot be a quorum of any church court, unless there be present a minister or ministers, and an elder or elders. That in certain cases there may be a quorum of a Church Session, in the absence of the minister, is not to be denied, and Dr. Breckin- ridge does not venture to deny it, but endea- vours to evade the force of the argument drawn from it, in the way which has been mentioned. In a previous communication, I showed tha^ in case the Elders commissioned to attend the meetings of Presbytery exceeded the ministers in number, they could in the absence of the ministers make a quorum, unless there was an express provision to the contrary : or unless certain duties were by the Constitution as- signed to the Presbytery which, for their pro- per discharge, required the presence of one or more ministers. In this letter I have underta. ken to show that according to the plain im- port of our Constitution, there can be a quo- rum of the General Assembly without an el- der being present, and a quorum of a Church Session without a minister being present, and yet these church courts or assemblies are said to consist of ministers and elders just as much as the Presbyteries are. These facts then af- ford additional evidence that although a Pres- bytery consists of both ministers and ruling el- ders, this is no proof that there cannot bo a quorum of Presbytery unless both ministers and elders are present. In the answer of the last General Assembly to the protest against their decision respecting the quorum of a Presbytery, the Assembly state distinctly, that all the fourteen or more commissioners necessary to a quorum of the General Assembly may be ministers. Yet of this statement Dr. Breckinridge takes no no- tice, nor does he venture to allude to the pro- vision in the constitution regulating the quo- rum of this body. Why, I know not; but of this I am confident, that the piovision, found in chapter XIL section 3, of our " Form of Government," gives no support to the views of Dr. Breckinridge. VI. Fehrnary 24. j\Ir, Editor — Without further remark on the collateral matters handled by Dr. Breckin- ridge, I will proceed at once to the examination of the rule, respecting the quorum of a Pres- bytery, laid down in our " Form of Govern- ment," chap. X. 7, and to a comparison of this rule with the resolution of the last Assembly on the same subject. If upon a rigid examin- ation of the terms of the rule, it shall ba found that the Assembly gave no decision contrary to their import, no fault should be found with the declaration of the Assembly, that " any three ministers being duly convened are a quo- rum competent to the transaction of all busi- ness." I need scarcely say that this declara- tion does not imply that the three ministers, to the exclusion of any elders who may be present and who belong to Presbytery, are a sufficient number of presbyters to proceed to business, but that in the voluntary absence of the elders, they are a sufficient number, or in other words " a quorum." In this view, and it is the only true one, I maintain that this de- claration is in strict accordance with the rule in our " Form of Government," chap. x. 7, " Any three ministers, and as many elders as, may be present belonging to the Presbytery, 16 being met at the time and place appointed, shall be a quorum competent to jiroceed to bu- siness." For the following reasons, I maintain the opinion here expressed. 1. In declaring that the persons previously mentioned " shall be a quorum," the rule sup- poses three ministers to be present, and that, without any allusion expressed or implied to the possibility of less than that number being present. It is indeed a thing quite possible, and which sometimes actually happens, that less than three ministers meet at the time and place appointed for the meeting of Presbytery, but this is a case not supposed here : on the contrary it is assumed that there are three ministers actually present. Nor, so far as I am aware, is this denied. 2. In reference to the elders, the rule does not suppose them to be certainly present, but merely the possibility that one or more may be present : and by consequence, the possibili- ty, that one and all may be absent ; and it pro- vides that in case any elders are present, be they few or many, they are to be associated with the ministers in making the quorum. The words " may be present" imply an un- certainty with respect to the presence of the elders, just as clearly as if that doubt had been fully and formally expressed. The doubt j would not have been more cleaily expressed, if the language had been as follows ; " And as many elders as may be present belonging to I the Presbytery, if any belonging to it be present." The affirmation that they shall be ' a part of the quorum rests, upon the condition that they are present. If this condition be want- i ing, they constitute no part of the quorum : and this is the precise case concerning which ' the last Assembly declared, that " any three ministers being duly convened are a quorum competent to the transaction of all business." What conceivable reason can be suggested I for employing a conditional form of expression, ' on the supposition that it was the design of those who framed the rule to require that in every case there should be one or more elders present ? Would it not have been the most ) simple and natural course to have said, " Any three ministers, and one or more elders belong- ing to the Presbytery being met at the time, ' and place appointed, shall be a quorum compe- ' tent to proceed to business." Again, had it been the object of the fiamers of the constilulion to include in a single sen- tence all these four cases : 1. That of the en- lire absence of the elders ; 2. That of the presence of a number of elders, less than the number of ministers assumed to be present; 3. That of the presence of an equal number ; and 4. That of a greater number, how could all these have been better expressed, than by say- ing "as many elders as may be present," which implies the possibility that" there may be 7ione, or that there may be one, t~.uo, three, or more, limited only by the number of church sessions within the bounds of the Presbytery. It is said by Dr. Breckinridge, that " many" cannot mean " none ;" and in the same sense that this is true, it is also true that ''many" cannot mean " ojie," " two," or " threey It is only on the possibility that a great number, to speak comparatively, and not one or two» may be present, that the use of the phrase, "as many as," can here be regarded as at all ad- missible. But the possibility that a thing may be, is also the possibility that it may not be, and if the phrase " as many as." is used, merely because of the possibility of a great number being present, it does not of necessity imply the presence of any ; for it is just as possible that there should be none present, as that there should be " a great number," which is the proper meaning of the term " many." Let us suppose the following inquiries to be made of a member of Presbytery : " Did your Presbytery meet yesterday ? Xes. How many ministers were present ? Three. How many elders! IVot one." Is not the term " many" used with just as much propriety in the case where the answer ie " none" or " not one," as in that where the answer is " three," and might have boon " thirty?" If so, it is idle to say that in a conditional proposition implying the possibility merely of a great number being present, there is not implied also the possibili- 17 ty, that none may bo present. This being established, it is equally idle to maintain that " as many as may be present" implies that there must be at least one or two present. — And if this be so, then it is clear, that the words of the rule relating to the quorum of a Presbytery mean, that any three ministers be- ing duly convened, with the elders belonging to the Presbytery, if any be present, and with- out them, if none be present, are a quorum competent to proceed to business. The As- sembly gave no decision contrary to this, but m strict accordance with it. Their answer to the overture submitted to them had reference only to the case presented in said overture, which proposed as a matter of inquiry, whe- ther in the absence of all the elders, three min- isters could make a quorum. To this the As- sembly gave a reply in the affirmative, and in doing so they gave an answer in strict accord- ance with the letter and the spirit of the consti- tution. I shall now take notice of Dr.Breckinridge's reasons for asserting that the terms of the rule require that one or more elders should be pre- sent at every meeting of Presbytery ; and of his answers to some of the objections which may be made to his exposition of the rule. — This I shall do in his own order, passing over entirely or but just touching upon those of them whicn have been already considered in the previous discussions. The first, second, and third of these rest upon the fact that the different church courts consist of both ministers and elders, and from this fact he deduces the perfectly gratuitous inference, that the quorums of these several courts must also consist of both ministers and elders. He makes no discrimination between the composition and the quorum of a Presby- tery, the one having respect to the persons who belong to the Presbytery, and who have a right to take part in its proceedings ; aiid the other having respect only to those who must be present in order that business may be trans- acted. It is only by an entire disregard of this most obvious distinction between the com- position and the quorum of this church court that Dr. Breckinridge is enabled to present even the shadow of an argument in favour of his position, that there cannot be a quorum of Presbytery, unless one or more elders be pre- sent. But as the fallacy of this argument has been sufficiently exposed, I shall dwell no lon- ger upon it. Dr. Breckinridge's fourth reason in this — " The words about the presence of Elders must have some meaning given to them, if there be any meaning they will bear." The words about the presence of elders have a meaning, and an important meaning, but not the meaning which Dr. Breckinridge is pleased to regard as the only one, viz. that some elders must be present. They mean nothing more nor less than this, that if any elders belonging to Presbytery be present, they shall all be members of the quorum, even if they outnum- ber the ministers : and although this might be considered sufficiently provided for in the sec- ond section, which defines the composition of a Presbytery, yet it was wise to put this mat- ter beyond dispute, by a specific provision : and the more so, as we learn from Steuart of Pardovan, that it was a contested point, and that in the Church of Scotland there were those who were " against ruling elders their being supernumerary to ministers in judica- tures." That is, there were those who were opposed to the elders outnumbering the minis- ters in the church courts. And this too, not- withstanding their rule was, as it respects the elders at least, the very same with our own. "Yet," says Steuart, " if once a judicature fix upon a quorum, whereof ahvays so many are to be ministers, though double their number of elders should come and be present, there is nothing as yet to hinder them all fiom voting," This among other things is embraced in our rule respecting a quorum of Presbytery ; and it matters not how many or how few be pre- sent, they are all entitled to a seat, and to a vote ; and yet while this point is carefully se- cured, the conditional form of the rule shows that the absence of the elders is not to prevent the transaction of business, if a sufficient num- ber of ministers be present. 3 18 The fifth reason assigned by Dr. Breckin- ridge is, that " The copulative a7id, plainly shows that others besides the three ministers were designed to be present." But may not the copulative and, connect a conditional sen- tence, as well as one that is not conditional ! And in case the sentence connected be a con- ditional one, and the condition itself be a nul- lity, what is coupled but a mere form of words? Thus if the elders be absent, the condition on which any of them are to be united with the ministers in making a quorum is wanting, and of course the three ministers will be a quorum. Were one man to say of another, " He is a man of talent, and if he were as honest as he is shrewd, he would be a most useful man," would not the copulative a7id, connect a con- ditional sentence ? And would it not be just as correct a use of this copulative as if it were to unite two simple and positive sentences ; or as if the following form of words had been used : " He is a man of talents, and a man of integrity, and as might be expected he is a most useful man ?" It is not correct then, that " the copulative and, plainly shows that others besides the three ministers were designed to be present." It shows nothing more than this, that if certain others be present they are to constitute a part of the quorum. The sixth reason given by Dr. Breckinridge rests, like the first three, upon the fact that a Presbytery is " composed of two distinct class- es of persons, different in many important re- spects ;" and it is argued from this that "some- thing more than a mere indirection must be necessary to exclude one entire class." But who, let mc ask, insists upon the exclusioji of the elders ] Who questions the fiict that the ciders belonging to the Presbytery have a right to be present at every meeting of the bo- dy, and to take part in the proceedings, and that it is their duty as well as their right and privilege to attend > Why then, I ask, does Dr. Breckinridge speak of the excluding of one entire class 1 In my third letter I showed that although a body consisted of two classes of persons this was no evidence, that some of both classes must be present, in order that there may bo a quorum, and to that letter I refer the reader for the proof of this position. Dr. Breckinridge's next and seventh remark is an answer to the objection, that "may be present can never be made to mean mnst be present, and therefore there must be implied a condition and a discretion." "I answer," says Dr. Breckinridge, " that mariy can never be made to mean 7ione." An odd answer this, that if maif cannot mean must, many cannot mean none ; and I presume Dr. Breckinridge regards the one as balancing the other. But as this answer was fully considered in discussing the rule, I shall pass it over without further comment. As to " the implied discretion" respecting the attendance of the elders of which he speaks and which he denies, I know of no one, who rests that discretion on this passage. His eighth remark is, " Suppose the same phraseology were used as to the ministers ne- cessary in making a quorum, as is used in re- gard to the elders, thus : ' a Presbytery con- sists of all the ministers and one Ruling Elder from each congregation within a particular district, of whom (quorum) as many tnirusfers and as many Elders as may be present, shall be competent to proceed to business ;' in this case would any human being doubt that both ministers and elders must be present?" — What is this but saying that if the rule were different from what it is, and the language re- specting the presence of the ministers as ex- pressive of a contingency, as that respecting the presence of the elders, the rule in that case would mean what Dr. -Breckinridge says it now means ? Were this the case, it would be no proof that the rule, as it now stands, means what Dr. Breckinridge maintairre it does ; for in the three ministers supposed to be present, the rule possesses for the formation of a quorum an clement subject to no contingency, while the form of words, suggested by Dr. Breckin- ridge, makes the presence of the ministers equally doubtful with that of the ciders, and thus renders it a possible supposition that neither ministers or elders may be present a supposition altogether at variance with I 19 the terms of the rule, which assumes the presence of three ministers as certain, and the presence of one or more elders as possi- ble. In the rule there is a provision for a quorum, if the condition respecting the ciders ^ail, but in the form given by Dr. Breckinridge, and upon his understanding of it, there is no such provision if the ci^ndition be wanting. — As to Dr. Breckinridge's supposition, there would be little or no difficulty in showing that it is more vague than he imagines it to be, but as it is not important to do so, I shall omit it. Of his reasons and answers the ninth is an argument derived from the fact that, " a meet- ing of Presbytery /*ro re nata cannot be con- vened unless two elders, and they of different congregations, sign the requisition for it along with two ministers." But the argument is al- together fallacious. Does the fact here men- tioned prove that the elders who unite with the two ministers in requesting the moderator to call a meeting pro re nata, or that any other elders must be present at this or any other meeting of the Presbytery 1 These very elders who concurred in calling the meeting could not attend it, unless after it was called, they were chosen by their respective sessions to represent them at said meeting, and in or- der that there may be a special meeting, there is no need that the moderator or any one of the ministers or elders who requested him to call the meeting should attend it. The fact that two ministers and tvFo elders must unite in making the request for a special meeting no more proves that both ministers and elders must be present at such meeting, than the fact that all the ministers and all the sessions must be informed of the meeting, and be summoned to attend in person or by delegation, proves that there can be no quorum unless all the ministers and an elder from each congregation be present. All have a right to attend, and all must be informed of the meeting ; but should there be but three ministers assembled in pur- suance of the notice, they would be a quorum, notwithstanding the meeting could not have been called without the concurrence of two el- ders. The three ministers indeed could not be I a quorum without the concurrence of all the elders, and that concurrence expressed by the fact of their absence. As the several sessions have a right to be represented in every meet- ing of Presbytery, it is obviously proper that some of the elders should be consulted, and their consent be had, as well as the consent of " a portion of the ministers, before a special meet- ing should be called. And this doubtless is the reason why the concurrence of two elders as well as that of two ministers was made neces- sary to the calling of a special meeting. Why as introductory to this argument found- ed upon the rule relating to special meetings of Presbytery, Dr. Breckinridge should gravely remark, " It is the settled doctrine of our church, and of all other Reformed churches, that the right to convene in church assemblies, both stated and pro re nata, is divine, inher- ent, and altogether independent of the civil power," I can form no conjecture. Is it within the bounds of possibility, that there is in our church, or even in our whole land a single in- dividual, who thinks that the permission of the civil magistrate must be had, before a meeting of a church court can be held ? If there is not what call was there for this remark respecting the civil power ? Dr. Breckinridge's tenth remark is an answer to the arguments drawn from the possible in- convenience that might result in extreme cases upon the construction of the rule for which he contends, and fiom the possible inattention or neglect of the elders. To his views on these points I have no hesitation in expressing my assent. Yet I may remark that while the ar- guments drawn from the possible inconven. ience in extreme cases are fallacious if designed to show the import of the rule, they are not fallacious if used to show what it is expedient the rule should be. Dr. Breckinridge's eleventh remark is an answer to an objection brought against his construction of the rule, and founded upon the fact that in Presbytery the ministers and elders vote jointly, and not by classes. This point has been fully considered in the previous num- bers, and if I am not greatly deceived, the ob- 20 jection has been shown to be a valid one, and the argument to which he objects, has been proved to be consistent with the general prin- ciples of the constitution ; and further, it would be true, as shown in my third letter, that a suf- ficient number of ruling elders might make a quorum, were it not that this very provision, now under consideration requires three minis- ters to be present, or that some of the duties assigned to^he Presbytery required for their proper discharge the presence of one or more ministers. The mere fact that a body consists of two classes, presents no dillicully in the way of a sufficient number of either class being a quorum. Nor does it follow on the ground here taken, that Ruling Elders have a right to impose hands in the ordination of ministers, any more that it does that they have a right to preach the sermon, to give the charge, or to make the ordaining prayer. In the Church of Scotland, the Presbyteries consist of ministers and elders, and quorums may be composed of ministers alone, and yet it is undeniable, that, in the Church of Scotland, none but ministers, take part in the imposition of hands. The twelfth and last remark made by Dr. Breckinridge, in sujiporl of his construction of the rule relating to the quorum of a Presbyte- ry is an answer to an objection to his interpre- tation of the rule, and derived from the fact, that in a church session the ciders alone could in given cases make a quorum. As this point was fully discussed in my last letter, I shall say nothing more in regard to il. I have now examined the rule in our "Form of Government," ch. x. 7, and have compared it with the resolution of the last Assembly touching the points embraced in this rule, and I have shown that there is no discrepance be- tween the rule and the decision of the Assem- bly. I have also examined all Dr. Breckin- ridge's arguments in favour of his exposition of the rule, and whether I have succeeded in showing that each one is defective, and fails to establish what it was Dr. Breckinridge's aim to prove by it, I leave to the judgment of the reader. VII. JUarch 2. ►!/;•. Editor — Having shown in my last com- munication, that according to the true intent and meaning of the rule, in our Form of Gov- ernment, adjusting the quorum of a Presbvtery, any three ministers regularly convened are, in the absence of the elders, competent to proceed to business, I propose now to suggest some considerations which, at the time the Constitu- tion was adopted, would have made it inexpe- dient to have a rule rendering the presence of ruling elders absolutely necessary to a quorum. 1. In not a few instances there were Pres- byterian churches scattered throughout the wide extent of our land, probably distant from all other churches from lifty to a hundred miles, and even more, in which it would have been necessary for one Presbytery or another to meet, if for no other purpose than to instal the pastors of these several churches. Should these churches in every case have had an el- der, it might have often happened, that from sickness, absence from home, the pressing na- ture of his engagements, or by unforeseen hin- drances, the elder of the church at which the Presbytery were to meet, would be absent, and then the ministers called from their homes and met according to appointment would be obliged to separate without accomplishing the purpose for which they had been called together. The case here supposed that there may be but one elder belonging to a church able to support a pastor, is not a case made for the present oc- casion ; it is one supposed in our Form of Government itself. See, ch. ix. 2. " Of this judicatory, (the church session) two elders, if there be as many in the congregation," &c. 2. While it is obviously proper, and in ac- cordance with the system of government re- ceived by our Church, that the ruling elders, properly the representatives of the people, should have the right to be present at all the n)eetings of our church courts, yet it is as obvi- ously proper that they should not be compelled to attend t em. The services rendered by them to the church are wholly gratuitous ; they receive no compensation for the time de- 21 voted to an atlenJance upon the meetings of our church judicatures ; and not unfrequently is it the case, that their duties to their famihes forbid their absence from home. With the ministers it is in some of tlic respects just men- tioned otherwise. They are paid for their time and services ; they have engaged to devote themselves to the business of the church, and to attend to the vawous calls that may be made up- on their time and purse. While therefore min- isters and elders should be equally at liberty to attend all meetings of Presbytery and other church courts and when present be equally at li- berty to give their opinions and their votes in all matters that may come before them, it is clearly proper that the elders should be left, as by the Constitution they are left, to do in this matter just as judgment and conscience shall direct. 3. If the views here presented be just, it would be expecting too much to expect of the elders to leave their homes, at a sacrifice of their time, of their funds, and in some cases of their very means of subsistence, and to be ab- sent from their families for days together, to do that which the ministers were fully compet ent to do, and which in the churches of Scotland and Ireland, ministers alone often did. It is not then to be presumed, that those who framed our constitution would lequire of the elders that which in given circumstances would be oppressive and clearly unjust to them ; and, on the other hand, it is not to be presumed, that they would permit the interests of the churches to suffer from the absence of men whose atten- dance upon meetings of Presbyteries they could not with propriety enforce. That they did not make the attendance of the elders obli- gatory is evident from the words of the law ; and the design of these remarks is to show that there were good and sufficient reasons for making the law on this subject just what they did. 4. In framing a law in reference to any matter, it is the part of common sense so to ad- just the terms of it, that they shall be adapted to all the cases which can reasonably be ex- pected to occur ; and if these cannot all be embraced under one general provision, the next best thing is to make a special provision for the cases not included in the general one, and which it is clearly foreseen will occur, as was done in our rules respecting the quorum of a church session ; the general provision in re- gard to which is that two elders, if there be so many, with the pastor, shall be the quorum, and yet there is also a special provision for the case in which the elders alone may be a quorum. But in regard to a quorum of Presbytery we have no special provision, as an exception to one more general, and it is therefore obvious that the rule was intended to include all the cases that could possibly arise, on the supposition that there were three ministers present ; and upon the interpretation given to the rule by the last Assembly, the extreme as well as the ordinary cases are provided for. With respect to the expediency of modify- ing the rule so as to make the presence of ru- ling elders necessary to a quorum, I have very little to say ; and should the elders desire such an alteration, for one I shall make no objection to it, especially if provision be made to meet the exigencies of the churches and Presbyte- ries in new settlements, where a rule of this kind would operate severely upon the elders themselves as well as upon the interests of the church. For if the attendance of the elders is made essential to a quorum, then it follows that a further change must be made so as to compel the elders as well as the ministers to at- tend, and to censure them if they do not, and which Dr. Breckinridge contends it is, under our present rules, the duty of the Presbytery to do. If the ciders are desirous to submit to this yoke, which Dr. Breckinridge says they are bound to bear, and to relinquish the liberty they now enjoy of attending the meetings of Presbytery or not, as they deem it best, the ministers, I am persuaded, will not resist their wishes in this respect, whatever they may think of the wisdom of such a choice, a choice, how- ever, which I am persuaded the elders will never make. Those who maintain that, under our rules, the elders cannot be compelled to at- tend the meetings of Presbytery, and that even oo in the absence of the elders there may be a quorum, are no less desirous than those who maintain opinions opposite to these, that there should always be a full attendance of the el- ders at the meetings of our church courts, and I will not concede to Dr. Breckinridge one par- ticle more of zeal for the rights and jirivileges of the elders than is possessed by those oppo- sed to his views. Before closing this communication, I wish to correct an error that occurred in my last letter in citing the resolution of the last Assembly respecting the quorum of a Presbytery, sub- stituting the word " duly" for the word " regu- larly." I was led into the error by copying the resolution from the protest presented to the Assembly against it, in which protest the resolution was not copied verbatim, though it was given with the marks of quotation. I had not then a copy of the minutes at hand, but had a copy of the protest in a newspaper. The substitution of the one term for the other does not affect in the least the argument, and I should not advert to it were it not that the i substitution was made in a quotation, and might argue carelessness on my part in copy- ing the resolution, if the source of the error were not pointed out. In no other case have I made a quotation at second hand, and shall make none other unless I give my authority at the time. P. S. When I wrote my reply to Dr. Breck- inridge's remarks respecting the six Scottish Assemblies condemned by the General Assem- bly of 1G38, 1 had not at hand the acts of this General Assembly, and yet I produced evi- dence sufficient to show that he had misappre- hended the facts in the case, and that the six Assemblies had not been condemned because there were no elders in attendance upon them, but because among other defects, no Elders had been commissioned or sent from the Pres- byteries: the king not permitting the Presby- teries to send any with the ministers whom he had instructed them to send. There were el- ders present, but by order of the king, not by appointment of the presbyteries, and it was this in part that vitiated these assemblies, and not the mere absence of elders regularly com- missioned or sent. And had there not been an elder present, the case of these assemblies would have had no analogy to the case of a church court to which elders were regularly commissioned, but from the meetings of which they chose to absent themselves, as is evident from a mere statement of the fsfct that to these Assemblies, the Presbyteries were not permit- ted to send any elders. How Dr. Breckin- ridge, with the acts of the General Assembly of 1638 in his hands, should ever have thought of adducing the case of the condemned As- semblies, as affording any countenance to his position that no business can be lawfully done in any church court in the absence of the el- ders, and that too without any respect to the cause of their absence, I am utterly at a loss to conceive. In not a single instance is the fact of their absence mentioned as a reason for con - demning these Assemblies, but the fact that they had no commission from Presbytery to attend. I will now cite in proof of what I say every thing in these acts pertaining to the elders. Among the reasons assigned for annulling the Assembly of 1606, Elders are not once men- tioned, although from the form of expression used in the beginning of the fourth reason, it may be inferred that none but ministers were commissioned by the Presbyteries to attend, yst this is not mentioned as a reason for an- nulling this Assembly. The words to which I allude are the following : " From the power of these ministers who vvere present. Their Presbyteries did not limit them." From the reasons assigned for annulling the Assembly of lOOS, I give the following pas- sages. " Many of the voters in that pretended Assembly had no lawful commission from the Kirk, to wit, forty-two noblemen, officers of estate, counsellors, and barons. . . . The noblemen were as commissioners from the King." — " In a lawful Assembly there should be none but commissioners from Presbyteries, Burghs and L'niversities, and but three minis- ters at most, with one elder, commissioners 23 from every Presbytery, according to the act made at Dundee, 1597. But in that pretend- ed Assembly, there were four ministers from the several Presbyteries, &c whereas (here were no ruling elders sent from Presbijteries, according to the book of policy and act of Dundee." From the reasons for annulling the Assem- bly of 1610, I give the following passages. " And whereas there were no ruling ciders sent from the Presbyteries to that pretended Assembly, as the roll of commissioners show- eth." " There were thirty voters of noblemen and barons, beside the pretended bishops, who had no commission from any piesbytcry. In the fourth session of this pretended Assembly it is plainly said, that the noblemen and barons came to it by the King's direction." From the reasons for annulling the Assem- bly of J 61 6, 1 cite the following. " There were twenty-five noblemen and gentlemen voters without commission from the Kirk . . . j whereas there were no ruling elders having ! commission from their Presbyteries at that As- sembly." In showing the nullity of the Assembly of 1617, the word elder is not mentioned. From the reasons assigned for annulling the Assembly of 1618, I give the following passages. " There were nineteen noblemen and barons, eleven bishops that had no com- mission from the Kirk. . . . And for ru- ling elders, there were none at all with com- mission from their Presbyteries." I have now given in the very words of the acts everything in them pertaining to the el- ders. And from these extracts it is evident beyond dispute, that where elders are men- tioned, regard is had to the fact that they had not been commissioned or sent to these As- 1 semblies by their Presbyteries, and yet the case j of these Assemblies Dr. Breckinridge brings '• forward as evidence that in the Scottish Church the mere absence of the elders was regarded I as a reason for declaring an Assembly null, j What most distant resemblance is there be- j tween the case of these condemned Assemblies, and the case of a church court to which every session within its bounds is at perfect liberty to send an elder as their representative, and in which every elder who has a commission to do so, can take his seat without let or hindrance, and speak and vote in all matters that may come before the body.* VIII. March 9, Mr. Editor. — Among the other strange as- sertions in his speech on the Quorum Question, Dr. Breckinridge has the following, in relation fo the Presbyteries and the Synod declared by the General Assembly of 1 837 to be out of our connexion — " The churches, the Pres- byteries, and the Synods were declared to be not Presbyterian mainly upon the very points this day involved ;" and, as if it were evidence of the truth of this most singular assertion, he adds, " They had no ruling elders, and there- fore were not Presbyterian." And yet after a few more sentences he says, " It is in vain to say, the disowned Synods had no elders ap- pointed in any of their churches, the fact is otherwise — there were elders, more or less, in many churches, and as it regards the Pres- byteries and Synods, the fact of presence, not the fact of existence, is the sole fact in the case." * Not having access to any collection of the acts of the General Assembly of the Church of Scotland, and learning that there was such a collection in the library of the Theological Seminary at Newburgh, I requested the Rev. Dr. Forsyth to furnish me with a copy of the reasons, set forth in the acts of 1638, for con- demning the six preceding Assemblies. As the collection in this library did not include the acts for 1638, Dr. Forsvth was unable to com- ply with my request, yet he very kindly fur- nished me with a statement of the reasons for annulling the assemblies, which he translated from a work of Spong's, and also with some extracts from Stevenson's Histoiy, which con- firm the views presented in my third letter. Of the information thus furnished I should have gladly availed myself, had I not soon after obtained from my friend Dr. McLeod of New York, a copy of the acts themselves, fronr which I have made the above extracts. 24 A comparison of these sentences brings to [ selves in a situation in which the government recollection the words of Flaccus — " Quando- and order of the Presbyterian Church cannot que bonus dormitat Homcrus," and 1 think in the nature of things, be fully carried into the Doctor himself will idmit that in writincr cfTcct, in relation either to themselves or to the this part of his speech, he has not been as wide people of whom they have charge, this General awake as usual. In the first place he tells us, Assembly feel it to be indispensable to declare that the Churches, Presbyteries, and Synods that this is an evil which ought to be corrected had no ruling elders, and in the next place, as speedily as circumstances will permit: that " there were elders more or less, in many therefore. Resolved, That it be referred to the churches," and that as it regatds the Presby- ' next General Assembly to correct the evil here- teries and Synods, the fact of presence, not the in submitted, this General Assembly being fact of existence, is the sole fact in the case." willing that the interval of a year should be If this last clause has any meaning, it must allowed to tlie parties concerned, to correct for mean that the four Synods, and their Piesby- themselves the evil in question, if such shall leries, and their churches too, were declared to be their choice." (See printed minutes.) bo not Presbyterian mainly for the reason, that | The original resolution required the Presby- at the meetings of the Presbyteries and Synods teries to correct the evil with as little delay as no elders were present. Of the truth of this | possible ; the one moved by Dr. Green referred assertion, I venture to say that he cannot pro- the matter to the next General Assembly, with duce a single sentence in any one of the reso- the view of giving the parties concerned a year lutions of the General Assembly of 1837, or in to correct for themselves the evil in question, any one of the papers a[)proved by that body, Both were warmly opposed by Dr. Breckin- which affords the least countenance to it. i ridge, and the one by Dr. Green was adopted And I venture to say further, that it was not so contrary to his wishes and to his vote, and by understood at the time by Dr. Breckinridge a large majority. Among the reasons urged himself, nor as late as when the General As- by Dr. Breckinridge against these resolutions, sembly of 1838 held its sessions. On the I distinctly recollect his mentioning, that it was afternoon of Thursday the 30lh of May, 1838, ; not inconsistent with Presbyterianism that " A resolution was ollered by Dr. Baxter rela- i Presbyterian ministers should be ppstors of tive to Presbyteries composed in part of pastors Congregational churches, and that it was no of Congregational churches, which was con- I part of the objection to the four exscinded Sy- sidered and laid on the table." (Sec printed I nods, that their ministers were in many in- Minutes of the Assembly.) This motion to ! stances pastors of Congregational churches, but lay on the table was made, if I mistake not, by I that in virtue of the plan of union men who Dr. Breckinridge, who strenuously opposed the j were neither ministers nor elders were per. resolution. On the next morning, and " on ! mitted to sit in our church courts. And in motion of Dr. Green, the resolution of Dr. I proof, that it was perfectly consistent with Baxter, laid on the table yesterday, was taken Presbyterianism for Presbyterian ministers to up, and postponed. A substitute was offered be at the same time members of Presbytery^ by Dr. Green, which was considered and and pastors of Congregational churches, he re- adopted, as follows, viz. Considering that it is j ferrcd to the church of Geneva, and added, that manifestly incongruous and unreasonable that in the meetings of the venerable company of the government of the Presbyterian Church pastors, no ruling elders ever took part, that the should be administered by those who do not j ministers alone constituted the Prosliytery, and submit to it for themselves ; and whereas, there I that the churches were congregational. This arc, in this Church, certain brethren in the [ was the ground taken in 1838 by this strenuous ministry, who, by taking the pastoral charge of ■ asscrter, ns he would feign represent himself. Congregational churches, have placed them- j of the divine rights of ruling ciders, and ho was 25 just as infallible then as he is now.* Having in his change of views gone to the opposite extreme, he maintains not only that ciders must be delegated to all the meetings of Pres- bytery, but that some elders must be present at every meeting of Presbytery, or that no busi- ness can be lawfully done, and further that even Presbyterian ministers in a settled state of the chuich " are not in strict right entitled to ap- pear in them (Presbyteries or other church courts,) except as they are ministers of the * Since the above letter appeared in the Presbyterian, Dr. Breckinridge has denied that he said that the churches of Geneva were con- gregational ; and it is possible that as to this and to the statement in the preceding clause, " that the ministers alone constituted the Pres- byteiy." I may have associated the only fair inference from his remarks respecting the Church of Geneva with the remarks them- selves ; and thus possibly have reported him in these two clauses inaccurately. In the course of his observations he adduced the " Venerable Company of Pastors" as fur- nishing a corroboration of his position, that it was consistent with Presbyterianism, for the ministers of a Presbytery to be pastors of con- gregational churches, and he stated then, what he does not now deny, that in this venerable body no elder ever had a seat. If he did not intend to convey the impression that this Com- pany corresponded to a Presbytery composed of ministers, and ministers who were pastors of churches, which bore to the Company a re- lation like to that between one of our Presby- teries and the congregational churches whose pastors were members of the Presbytery, why did he cite this case '' For any other purpose, the reference was utterly irrelevant, and could have no other eflect than to deceive. And I have the more distinct recollection of this re- ference, from the circumstance that it was the first statement of the kind respecting the Ven- erable Company I had ever heard. As I am unwilling that the coarseness of his reply should prevent my correcting an error into which it is possible I may have fallen, in sta- ting a matter that occurred six years ago, and which I only professed to give from memory, I have thought it proper to add this note : and this is the only notice I shall in all probability ever take of his reply to my strictures on his speeches, fully persuaded that the character of his remarks is such as to render an answer to them unnecessary. particular churches which made up the Pres- bytery." Was it as delegates from their re- spective churches that the pastors of the Con- gregational churches were, according to the views of Dr. Breckinridge in 1838, to be en- rolled as members of Presbytery ? If in 1837, four Synods, each comprising several Presby- ■ teries, were declared not to be Presbyterian, because no elders attended the meetings of these bodies, is it not marvellous that, in 183S, Dr. Breckiniidge, who reminds us as it is not un- usual for him to do, that he " was an actor in those scenes," and who speaks of " all my elTjrt?, and no man made more to reform the Church at that period," should have thought of urging as a reason against removing the evil complained of in the resolution adopted by the Assembly, that it was consistent with Presby- terianism that there should be a Presbytery without ruling elders ever belonging to the body, and, of course, without ruling elders ever being present at its meetings .'' Again I ask, is it not marvellous, that he should have taking this ground, when, according to his present version of the matter, the Assembly of 1837 had declared the Presbyteries connected with the four disowned Synods to be out of our con- nexion, not because very many of the churches under thecare of these Presby teries where either wholly or in part Congregational, and were represented in our church courts by men who had never adopted our standards, but because no ruling elders attended the meetings of these bodies ? I ask these questions because Dr. Breckinridge says explicitly, " the fact of pre- sence, and not of existence, is the sole fact in the case." And to make the action in regard to the four Synods of any avail to his argument it must be so, that it was the non-attendance of the elders upon the meetings of the exscinded Synods and Presbyteries, and not the non-ex- istence of elders, and the substitution of Con- gregational government for that of the elder- ship that mainly induced the Assembly of i 837 to declare the four Synods to be no part of the Presbyterian Church. But where is the proof of all this? There is none. It is a mere figment of Dr. Breckinridge's fancy. The Plan of 26 Union was annulled and declared void from the beginning, because its provisions were at vari- ance with the constitution, and because an ex- tension had been given to it never designed. It permitted men who were not Presbyterians, men who had never received our Confession of Faith, men who did not approve our Form of Government, to be members of our church courts, and to vote in all matters pertaining to our doctrine, our discipline, and our measures for the extension of the church. In virtue of this plan. Congregational churches were ena- bled to exert no inconsiderable influence in deciding our course of action in regard to mat- ters deemed of vital consequence to our system. These were the reasons why the Plan of Union' as it is usually called, was declared null and void, and why the four Synods, which owed their existence in no inconsiderable degree to this very plan were declared to be not Presby- terian, and to be out of our connexion. That this i is a true statement of the facts in the case, I will prove at once by evidence which Dr. } Breckinridge, at least, will not venture to im- pugn, as it is taken from a circular letter, re- ported by Dr. Bieckinridge himself, and ap- 1 proved by the Assembly of 1S37. j " In the course of an attempt at reform we have thought it our duty to annul the Plan of Union, between the Presbyterian and Congre- gational churches in new settlements, formed in ] 801, and evidently intended as a temporary i system to meet a temporary exigency. By that I plan Congregational churches were brought! into comj)lete union with the Presbyterian Church ; and their delegates, without having adopted our public standards, were introduced into our judicatories, and vested with the power of giving authoritative, and, in some cases, decisive votes on most important questions of doctrine and discipline, and thus, in reality, of governing our church. And it has happened in fact, in a number of instances, that some of the most important decisions, in their bearing on the truth and order of our body, have been decided by votes of those who had not sub- scribed to our ecclesiastical constitution and stood aloof themselves from its authority. Thus Congregationalists were found, in effect, to control the Presbyterian Church, and to pro- hibit her carrying into execution our appropriate system, while we had no more authority over them than they chose to recognise. " If it were obviously equitable and impor- tant that the Plan of Union alluded to should be annulled, it was in our view no less equita- ble and important that the ecclesiastical bodies to which that Plan had given existence, and which were animated and governed by its spirit, should be declared to be no longer connected with our Church." Such were the reasons assigned by Dr. Breckinridge himself, and by the Assembly of 1837, why the Plan of Union was annulled, and why the four Synods were declared to be no part of the Presbyterian Church. In the whole letter, from which the above extracts are given, there is not one word about the absence of elders from the meetings of the Synods or of their Presbyteries: — and there is no evidence that it was more common for the exscinded Presbyteries to meet without elders being pre- sent, than for the others to do so. Drs. Green and Baxter, men as zealous acd as efficient in the reform of the Church as any others in it, did not give as a reason for the adoption of the motion made by them, in regard to Presbyteries composed in part of pastors of Congregational churches, and made too with the view of com- pleting that reform, that no elders attended the meetings of these Presbyteries, which doubtless they would have done, had they understood the resolutions of 1837, in the sense now as- signed to them by Dr. Breckinridge, but be- cause these pastors " had placed themselves in a situation in which the government and order of the Presbyterian Church cannot, in the na- ture of things, be fully carried into elfect, either in relation to themselves or to the people of whom they have charge." ! In the decision given by the Assembly of 18-13, there is nothing that comes in conflict with the decision of the Assembly of 1837. j The decisions of 1 837 had respect to the com- ' position of Presbyteries and Synods ; the de- cision of 1 843 to the quorum of Presbytery, a? and Dr. Breckinridge may quiet his fears, lest, if the decision of 1843 stand, all his struggles in 1837 should prove fruitless. The decision of 1S43 reaches not thus far. " All my efforts" will not be lost should the decision of 1843 stand as a true declaration of what our rule now is. If Dr. Breckinridge would follow the advice, " Let another man praise thee and not thine own mouth," he would no doubt receive all the credit to which he is entitled,without him telling us, on every occasion, what he has done, what he has endured, and what he is ready to bear. And he should the rather abstain from these things, as it seems an ungracious task to expose the errors of a man who is ready to un- dergo "the pains of an incendiary and the pen- alties of a church disturber" in defence of his views. But why are we told all this.-* Has any one threatened Dr. Breckinridge for hold- ing the views he does in regard to this sub- ject 1 Or is it all said for the sake of exciting sympathy on the one hand and prejudice on the other? With the offensive style in which he has advanced his opinions, I doubt not many have been displeased, for although not as cen- surable as some of the language in his letters to Ruling Elders, yet it is disrespectful to the As- sembly whose decision he impugns. He hesi- tates not to charge men who, to say the least, are as deeply interested as himself in the wel- fare of our Church, with advocating principles and practices which have a tendency to subvert the liberties of the Church, to degrade the Eldership, and to establish a hierarchy. The assertion of Dr. Breckinridge that the last Assembly decided that ministers were not members of the Church is any thing but a cor- rect representation of the fact. The Presbyte- ry of Miami submitted to the Assembly an overture, the plain and obvious meaning ofi which was — Are pastors and stated supplies to be considered members of the individual churches which they serve, and to be enrolled on the sessional records ? I do not say, that another construction cannot be given to the words " church members" which occur in the first clause of the overture ; but who can sup- pose the Presbytery of Miami, or any other Presbytery in the land, to be guilty of the folly of asking whether ministers were members of the Church at large? Or who can doubt, that in using the phrase church members, in the first clause of the overture, they intended to in- quire whether pastors and stated supplies were to be regarded as members of the individual churches in which they ministered ? The words of the overture are " Whether ordained ministers of the gospel ought not to be consi- dered church members, and to have their names enrolled on the sessional records of the church where they are settled as pastors or stated sup- plies !" The latter clause is evidently exege- tical of the first, and the whole overture con- tains but one inquiry, viz. Whether pastors and stated supplies are to be entered as mem- bers upon the sessional records of the particu- lar churches which they serve ? Yet Dr. Breckinridge would make the reader believe, that the Assembly decided that the Church is to be governed by ministers " in effect irre- sponsible, connected with the church only by an undefined dominion over it, not being even members of it." This is but a specimen of the candour with which Dr. Breckinridge treats the last Assem- bly, against which he seems to be strongi)' em- bittered — of the probable reasons for which I shall not now at least venture to express an opinion IX. jyiarch 1 6. J\Ir. Editor — The argument in favour of the decision of the last Assembly respecting the quorum of Presbytery, derived from the prac- tice of our oldest Presbyteries, both before and after the adoption of the constitution in 1788, has been so fully and ably presented by your- self and the Rev. William M. Hall, that I have abstained from dwelling upon it, in my com- munications already published in the Presby- terian. I now advert to the subject to meet one or two objections to this argument. The first of these is, that a practice even long con- 28 tinued is not conclusive as to the import of the rule, under which the practice has risen. This is readily granted, and, if I am not mistaken, the practice in question has not been referred to, for the purpose of showini); what is the ex- act import of tiio terms of the rule, but with the view of letting it be seen, what construc- tion was given to it by those who framed and adopted the rule, and who were first called upon to act under its provisions. For this purpose it is of great avail, as it must settle, especially if the practice be uniform, what was understood to be its meaning in the judgment of those, who may safely be regarded as the best judges of the design of the rule, whether that design be clearly expressed or not. If the uniform practice be found to accord best with the plain meaning of the terms, the argument is irrefragable, that conformity to the practice is conformity to the rule ; and in case the terms are ambiguous, and yet will fairly admit of a construction in accordance with the practice of those who from their very position must be supposed to understand the design of the rule, if any do; it is to be presumed, that the practice is not at variance with the provi- sions of the rule, and may be followed with safety. So strong indeed is this presumption rendered by the absence of all complaint against the practice itself, that it has almost the force of direct evidence, that the practice and the rule agree. 2. To show that no dependence is to be placed upon the practice of our older Presby- teries, reference is made to the Plan of Union, which was permitted to exist, for moie than thirty years, and which was formed with the concurrence and active labours of some who took part in framing the constitution of our Church ; and yet after so many years this very plan was declared to he null and void, as being contrary to the provisions of the constitution. But between these two cases, it will readily bo perceived that there is a great dillerence. For the one provision was made in the consti- tution at the time of its adoption. It was a matter in regard to which all the Presbyteries would be constantly called upon to act, and with which they were familiar before the con- stitution was adopted. It was no new sub- ject to them, and it was usual for them to con- sider a given number of ministers, met accor- ding to appointment, as a quorum of Presby- tery : and if it was the design of those who made the constitution, to change the practice, would not this purpose have been more clearly expressed, and no room left for doubt on this point 1 In the whole constitution a rule could scarcely be named in regard to the design of wliich the Presbyteries in existence in 1788 would be less likely to fall into error, than with respect to this very rule relative to a quorum of Presbytery. And the uniformity of the practice is conclusive as to the design of the rule, whatever may be the fact in regard to its import. With respect to the Plan of TTnion the case is altogether different. No such plan was thought of when the constitution was ratified and adopted. No provision was made for any case analogous to it. It grew out of a lauda- ble desire to enable Christian brethren of two different denominations, who agreed in the great doctrines of the gospel, and who were few in number and feeble in resources, by a temporary union of their strength, to sustain among them the regular ministrations of the gospel, until they should be brought to embrace one system of government, or be able sepa- rately to make adequate provision for the due maintenance of their religious teachers. It is therefore not to be wondered at, that, in a mat- ter of this kind, the General Assembly of 1 SO 1 , not foreseeing the evil winch eventually arose from the plan, and regarding the whole as a mere temporary arrangement, and as confined in its operation to the churches in the new set- tlements, should have felt itself authorized to enter into such an arrangement, under that provision in the constitution, which clothes the Asscmbl)'^ with power to determine the terms of correspondence with other religious denominations, nor is it a matter for surprise, that before the evils of this arrangement had developed themselves, the provisions of tho plan were extended, and for many years littlo 29 or no attention was given to the scheme. — Confined in its operation to the extreme limits of our Church, where but few, to speak coin- piuatively, of the more rigid adherents to Prcs- byterianism were to be found, the Plan of Un- ion failed for a long time to attract to itself the attention of the older Presbyteries in our Church, and especially of those which existed prior to the formation of the first General As- sembly. Fifteen years ago, I am confident that not only many of the ministers of our Church, but even some whole Presbyteriesi were ignorant of the existence of the Plan of Union ; the operation of which was almost wholly confined to the Synods in northern and western New York, and in the Western Reserve, Ohio. What propriety is there then in comparing the toleration of this unconstitu- tional arrangement, with a practice contin- ued from a period antecedent to the adoption of the constitution to the present day, and in reference to a matter which was made the sub- ject of a special provision in the constitution, the design of which provision, whatever be its import, was to perpetuate the existing cus- tom? From the nature of the case the Plan of Union could not show the design of those who framed the rules in our constitution, in confer- ring upon the General Assembly power to regu- late all correspondence with foreign bodies, for no such thing as the Plan of Union was thought of ; but with respect to the design of the rule concerning the quorum of Presbytery, the uni- form practice of the Presbyteries coeval with the constitution itself, does show, and that most clearly, the intent of the rule. And here by the way I observe that a similar remark may be made with respect to the rule which speaks of the imposition of hands, in the ordination of ministers. It was left to the discoverers of the present day to find out a hidden meaning in these rules which had escaped the notice of our fathers, and of the meaner minds of our own times. I have in my possession a statement of the meetings of the Presbytery of New Castle, from 1717 to 1791, at which no Ruling Elders were present. This statement was kindly furnished by the Rev. Mr. Du Bois, Clerk of the Presbytery, at the request of a friend to whom I had written on the subject, asking him to examine the records of that Presbytery for me. I hope to obtain like statements from the Clerks of several other Presbyteries, and in case I do, I will send them to you for inser- tion in the Piesbyterian. X. April 6. J\Ir. Editor — That those who take an inte- rest in the discussion of the Quorum Ques- tion, may have a connected view of all the matters handled in my letters on the subject, I propose to give, in this communication, an outline of the evidence and argument present- ed in favour of the decision of the last Assem- bly. For a full discussion of the several points involved, I must refer the reader to my pre- vious communications. The rule, the right interpretation of which is the matter in controversy, is in these words : " Any three ministers, and as many elders as may be present, belonging to the Presbytery, shall be a quorum competent to proceed to business." See Form of Government, ch. x^ sec. 7, Under this rule, can three ministers form a quorum ? This question the General Assem- bly of 1843 decided in the aflirniative. That the answer is in strict accordance with the terms of the rule, I maintain for the following reasons : 1. It agrees with the plain meaning of tha words. Those words which relate to the ministers suppose three ministers to be present; but with respect to the presence of the elders, the form of expression is conditional, and the words imply only the possibility that one or more elders may be present, and by conse- quence that one and all may be absent. The affirmation that the elders shall be a part of the quorum, rests upon the condition that they 30 are present ; and if this condition be wanting, they constitute no part of the quorum. No conceivable reason can be suggested, for em- ploying a conditional form of expression, on the supposition, that it was the design of those who framed the rule to require that, in eveiy case, one or more elders should be present. Had this been their design, the most simple and natural course would have been to say, " Any three ministers and one or more elders belonging to the Presbytery, being met at the time and place appointed, shall be a quorum competent to proceed to business." Had the rule been expressed in these words, could it have the meaning it now has ? In case any elders be present, be they few or many, the rule provides, that they shall all be associated with the ministers in making a quo- rum : and although this might in the opinion of some be con?idcied as sufficiently provided for in the definition of a Presbytery, yet it was wise to put this matter beyond dispute by a specific provision; and the more so, as we learn, from Steuart of Pardovan, that in the Church of Scotland, it was a contested point, and that there were those who were opposed to the elders out-numbering the ministers in the Church Courts. See the Presbyterian for February 24, 1844. 2. The answer given by the Assembly ac- cords with the practice of our Church, from its first existence as a Presbytery, in 1705, to the present day. There is no record to show that the propriety of the practice was ever called in question. Tradition has not handed down the name of a single objector. Under the constitu" tion of 1788, the practice remained the same it ever had been. In the absence of the elders, the ministers continued to form a quorum for business. No protest — no complaint, Our fathers were all well satisfied with the prac- tice and with the rule, between which they discovered no discrepancy. Had it been the design of the rule to change the practice, could the facts here mentioned have occurred ? See Presbyterian for March 15, 1844. 3. The practice in our own church agrees with the practice of the Church of ycotland. Although this fact is no proof that the last As- sembly gave a just interpretation to the rule in chap. X. sec. 7., yet it is of avail to show that the interpretation given to it is not m conflict with the principles of Presbyterian Govern- ment. Steuart of Pardovan, speaking of Pres- bytery, tells us " that the Directory for Gov- ernment saith that to perform any classical act of government or ordination, there shallbepre- sent at least a major part of the ministers of the classis (Presbytery.)" Not one word respect- ing the necessity of a ruling elder being pre- , sent. In the Church of Scotland at the pre- sent day three ministers can make a quorum of Presbytery. At the Assembly of 1582, of which Andrew Melville was moderator, the following acts, as we learn from Calderwood, were passed in re- ference to " Presbyterial meetings." " Con- cerning such Elders as labour not in the word, their resort to|the Presbytery shall be no further urged strictly, than the weighliness and the oc- casion, uporu intimation and advertisement made by the Pastors and Doctors, shall require; at which time they shall give their concurrence; yet such as may conveniently resort are ex- horted to be present at all times. Such of the ministry as do not resort to the exercise and Presbytery, shall be subject to the penalty ar- bitrary, which shall be appointed at the discre- tion of every particular Presbytery." From this it is evident that in time of Melville, the attendance of the Elders upon the meetings of Presbytery, was, for the most part, if not al- ways, optional ; while the ministers were re- quired to be present, and were liable to censure in case of neglect. This rule was renewed by the Assembly of 1G33, of which Alexander Henderson was moderator, and was in forco for some lime after the revolution of 16SS, as appears from Steuart, who speaks of the rule as yet in exislencc. Wc. read of no censure in- flicted upon the elders in case of their absence. As under our own rules, the ministers were required to attend, the elders were at liberty to attend. When present, the elders made a part of the quorum, even if they out-numbered the minbters. See Steuart, I. IG, ;5. When the 31 elders were all absent, the ministers if present in sufficient numbers made a quorum. Sec the authorities above cited, and the Presbyte- rian for February 10, 1844. 4. The practice of other bodies composed of two distinct classes of persons. The House of liOrds in Britain consists of the lords spiritual and temporal, and yet, for the transaction of the ordinary business of the House, three tem- { poral lords constitute a quorum ; and in the opinion of Edward Christian, Esq., the learned annotator on Blackstone, the spiritual lords are competent to discharge the ordinary business [ of the body, in the absence of all the temporal i lords. With this high authority furnished by the practice of the highest civil court and de- liberative Assembly in all Britain, agrees the uniform practice of the Church of Scotland, not only in her Presbyterial, but also in her Sy- nodical and General Assemblies, and in the commissions of the General Assembly. See i the Presbyterian for February 3, and 10, and for March 2, 1844. j 5. Any fourteen or more ministers may form a quorum of our General Assembly though there be not an elder present. See chap. xii. sec. 3. This fiict though no proof that, under the rule in the case, there can be a meeting of Presbytery in the absence of all the elders, yet is conclusive as to this point, that the presence of both ministers and elders is not essential to a quorum of a body consist- ing of these two classes of church officers ; and of course it subverts the main objection to the interpretation given by the last Assembly to the rule respecting the quorum of Presby- tery. See the Presbyterian for February 17, 1844. 6. In certain given cases, the elders alone can form a quorum of Church Sessions. See chap. ix. sec. 3, 4. This fact also shows con- clusively, that the presence of both ministers and elders is not essential to a quorum of each and all of our church courts, because they con- sist of both ministers and elders. See Presby- terian for February 17, 1844. If then the answer given by the last Genei - al Assembly is sustained by the plain meaning of the words in which the rule is expressed, by the practice of our own Church from its first existence to the present time, by the uniform practice of the Church of Scotland, by the prac- tice of other bodies similarly composed, by our own rule respecting a quorum of the General Assembly, and also by the rule in regard to the quorum of a church session : can more evi- dence be needed, that under the rule given in chapter x, sec. 7, three ministers may be a quo- rum of Presbytery ? Against the decision in question the follow- ing objections have been urged : 1. That the Church is to be governed by Congregational, Classical, Synodical, and Ge- neral Assemblies, composed of ministers and ruling elders. But this is maintained as strenu- ously by those who approve, as by those who oppose, the decision of the Assembly; and it has nothing to do with determining the ques- tion, whether ministers alone may form a quo- rum of a church court. Were there no express law on the subject, nor usage, to determine, how many and what persons shall constitute a quorum of Presbytery ; " the law of common j sense and of the common practice of delibera- I tive bodies," to use the language of Dr. Breck- inridge, would decide that a quorum must be I composed of a majority of all the members. — And then in case the elders present were a majority of all the members, and were compe- tent to the proper discharge of all the duties assigned to the Presbytery, ihcy would be a \ quorum, though not a minister were present; I and on the other hand, in the absence of the I elders, the ministers present, if a majority of I the whole number belonging to the body, would be a quorum. 2. That it is an adjudicated case, that there j can be no lawful meeting of a church court unless one or more elders be present ; and that the decision of the last Assembly is completely aside from the whole current of decisions. " According to the settled law of the Scottish Church," says Dr. Breckinridge, " every church court, in which ruling elders do not sit 32 is illegal, and all its acts aro null." That this is not the case, is abundant'y evident, from what was said above respecting the law and practice of this Church. 3 The commission to attend the Westmin- ster Assembly was composed of ministers and elders. Upon this Dr. Breckinridge lays much stress, but from some cause or other he omits to mention, that according to the terms of the act passed by the General Assembly of 1643 confirming the appointment of the General Commission, " Any three of them whereof two shall be ministers"were a quorum of the com- mission ; and also another fact of much im- portance mentioned by his own authority, Baillie, that at one time the commission or its quorum consisted of Rutherford, Gillespie, and Baillie, all three ministers. In stating the number requisite to a quorum, Baillie makes no mention of the limitation that two at least of the three must be ministers, and this omis- sion led me, in my remarks on this point, to say that the three elders could have been a quorum. 4. The four exscinded Synods, their Pres- byteries, and their churches, were declared to be not Presbyterian, mainly upon the points involved in this question respecting a quorum of Presbytery. To sustain this objection. Dr. Breckinridge cannot adduce a particle of evidence from any of the Acts of the Assembly of 1837, or from any paper approved by that body. The reason assigned for annulling the Plan of Union, and for declaring the four Synods no part of the Prcsbj terian Church was, that in virtue of this plan, the Congregationalists con- nected with these Synods were enabled to in- terfere with our doctrine and discipline, and in some cases had actually done so. In this communication I have presented the proposed outline of the argument in favour of the decision of the last Assembly respecting the quorum of Presbytery ; also an outline of the principal objections to that decision : and although my communications may have proved as tiresome to the reader as to myself, I indulge the hope that they will in some degree sub- serve the interests of the Church. As to the question whether it is expedient or inexpedient to alter the rule, I have no zeal whatever ; and for one I am perfectly willing to yield in this matter to the wishes of even a minority, deeming it in itself a question of but little moment, and important only bectuse it has been laid hold of as the occasion for a vio- lent assault upon the last Assembly, and for denouncing that body in no very measured terms, as countenanciiig views which have a tendency to establish a hierarchy, to degrade the eldership and to destroy the liberties of the church. 33 IMPOSITION OF HANDS. No. XL Jjjril 13. In this communication I shall enter upon an examination of Dr. Breckinridge's argument to prove that the decision of the last Assembly, respecting the imposition of hands, is contrary to the Constitution of our church. What was that decision 1 In reply to an overture from the West Lexington Presbyteiy, the As- sembly adopted the following minute : •' Re- solved, That it is the judgment of this Gene- ral Assembly, that neither the constitution nor the practice of our church authorizes Ruling Elders to impose hands in the ordination of ministers." The first reason assigned bj"- Dr. Breckin- ridge for seeking to have this judgment set aside is this. That by the Constitution, the power of ordaining ministers is lodged in the Presbytery, and that the Presbytery consists of ministers and ruling elders. " Where," says Dr. Breckinridge, " is the power of ordaining ministers of the word lodged under our constitution 1 ' The Pres- bytery has power ... to ordain, install, re- move and judge ministers, (Form of Govern- ment, ch. X. sec. 8.) What Presbytery ! Why, sir, beyond all doubt, that Presbytery which is . . . . declared to consist of ministers and ruling elders. (Ch. x. sec. 1,2.)" But why did not Dr. Breckinridge, in this reference to the Form of Government, give us the very words of the sections referred to 1 Would an exact quotation spoil his argument? After setting forth "the importance and usefulness of presbyterial and s)'nodicaI assemblies,"it is said, " A Presbytery consists of all the ministers, and one ruling elder from each congregation within a certain district." And let the reader bear this in mind, when Dr. Breckinridge asks, " Why, sir, would you stultify our fathers 1 JDid Uiey first define with the utmost clearness the term Presbytery, then invest the bsdy so called with the power of ordaining ministers of the word ; then in a long chapter, treating of this ordination in detail, use the word a do- zen times in its defined sense, and then with- out notice or motive, use the same word in the same chapter, and touching the same busi- ness, in a sense not only inconsistent with their definition of it, and their constant use of it, but in a sense flatly contrary to both 1 The tiding is supremely absurd." From this it is evident that Dr. Breckinridge maintains that the framers of our constitution always use the term Presbytery in the sense assigned to it in ch X. 2, and that to deny this is to stultify our fathers, and is also perfectly absurd. Be it so then: and of course no man can be or- dained except by the imposition of the hands of the Presbytery, that is, " of all ministers and one ruling elder from each congregation within a certain district." This, according to Dr. Breckinridge's logic, must be the case, for the framers of the constitution according to his own showing always use the term Presby- tery agreeably to the above definition. Upon this construction of the rule, how many regu- larly ordained ministers are there in the whole Presbyterian church 1 Is there one } If not, how "supremely absurd" is Dr. Breckinridge's gratuitous assumption that in the chapter on or- dination the teim Presbytery is constantly used in its defined sense as given in ch. x. sec, 2., which defines merely how many and what persons may be members of a Presbytery. The same mistake is made in this part of his argument that pervades his whole speech on the quorum question ; viz., because a Pres- bytery is said, in our Form of Government, to consist of all the ministers, and one ruling elder from each congregation within a certain district, he assumes that the ministers alone can never in any case be spoken of as a Presbytery. But 34 what is a Presbjtery ? It is nothing more or less than a body of presbyters regularly asso- ciated, and invested with certain powers. tery, than the absence of sundry ministers and elders belonging ro the Presbyter}' proves that it is not the act of the Presbytery. The ar- This is the simplest and at the same time the j gument of Dr. Breckinridge, that the laying most comprehensive definition of the term. It includes the parochial, the classical, the sy- nodical, and the general assemblies, all of which are bodies of presbyters regularly asso- ciated, and invested with cettain powers. The first of these may be constituted for business of elders alone, the others of ministers alone, when thus conslituted they are nevertheless and undeniably bodies of presbyters. But it is the classical presbytery only to which the present discussion has respect, and which, in our standards and in popular language, is spoken of as the Presbytery. According to ch. X. sec. 2, of our Form of Government this body of presbyters " consists of all the minis- ters and one ruling elder from each congrega- tion within a certain district." This section, as already observed, merely points out all who belong to the body and have a right to take part in its proceedings ; and determines nothing as to the fact whether the ministers alone are ever spoken of as the Presbytery. Had Dr. Breckinridge said that the framers of our constitution constantly used the term Presbytery to denote the same body of pres- byters, he would have stated the fact precisely as it is. For it is the same body, whether, at any given meeting, or upon any given occa- sion, " all the ministers and one luling elder from each congregation within a certain dis- trict" be present ; or only a quorum, or a suf- ficient number of these presbyters to proceed to business, though those present should not be a tithe of the whole number belonging to the body. Again, it is the same body, when the minis- on of the hands of the ministers is not the lay- ing on of the hands of the Presbytery, to make jt valid, requires two assumptions, 1. that there can be no meeting of Presbytery without both ministers and elders being present, and 2. that nothing can be said to be done by the Presby- tery unless both ministers and elders take part in the doing of it, as well as in deciding that it shall be done. His mode of sustaining the first of these assumptions involves the absurdi- ty, that there can be no meeting of Presbytery unless all who belong to it be present : not in- deed that Dr. Breckinridge admits this to be the case, yet it is the legitimate inference from his position that the framers of the constitution constantly uso the term Presbytery in the sense defined in ch. x. 2. " A Presbytery consists of all the ministers and one ruling el- der from each congregation within a certain district." Without the second assumption he could not for a moment take the ground that in the phrase, " with the laying on of the hands of the Presbytery," the term Presbytery must mean both ministers and elders. The form of government agreed upon by the Westminster Assembly says " Ordination is the act of a Presbytery," it also says, "The Presbytery. . . . . shall solemnly set him (i. e. the can- didate,) apart to the office and work of the min- istry, by laying their hands on him." And yet again it says, " Every minister of the word is to be ordained by imposition of bands and prayer, with fasting, by those preaching elders to whom it doth belong." The Presbytery of this Form of Government, from which our own is chiefly derived, consists of ministers and ruling elders, ters alone, in the presence, and with the con- and yet while by this Form of Government currence of the ruling elders, solemnly declare, by the laying on of their hands upon the head of a candidate for the holy ministry, that such candidate is set apart to this sacred office. The fact that ruling ciders take no part in this cer- emony of imposing hands, no more proves that the act itself is not (he act of the Presby- the imposition of hands is in express terms limited to preaching elders, it is also said in express terms " the Presbytery or the minis- ters sent for the purpose, shall lay their hands on the candidate to be ordained," and moreover ordination itself, of which the imposition of hands is one of the ceremonies, is called " the 35 act of a Presbytery." In these passages does the term Presbytery denote different bodies or the same body ? If the same body, then we may safely admit tliat throughout the whole chapter on ordination, in our own formulary, the term "Presbytery" always means the same body, and yet be able to maintain that " the laying on of the hands of the Presbytery," is to be confined to the ministers, acting with the concurrence of the ruling elders who may be present. Calderwood, in his " Altare Damas- cenum" a standard work in the Scotch Church, and a work written in defence of Presbyterian government, and published in 1623, says, " For the imposition of hands can be called the imposition of the hands of the Presbytery, although all and each in the Presbytery have not the power of imposing hands." Steuart of Pardovan says, " Ordination is the solemn act of the Presbytery, setting apart a person to some church office." Again he says, " A Presbytery consists of all the pastors within the bounds and one ruling elder from each parish therein." And in the usual or pre- scribed form for recording the ordination, these words occur, " the said Presbytery did deter- mine to meet at the Kirk of ... . the brethren met presbyterially, taking the whole matter to consideration, as said is, did then and there, in due order and with all requisite for- malities, solemnly ordain, admit and set apart, by imposition of hands and prayer, the said Mr. ." Who ordained the candidate by the imposition of hands i* the Presbytery. And is this the same Presbytery before which he underwent his trials for ordination, and by which he is adjudged to be qualified to be a minister of the gospel ? Yes, beyond all ques- tion. Then it follows that " the laying on of the hands of the ministers is the laying on of the hands of the Presbytery," for beyond all possibiUty of disputing the fact, the ministers alone, according to Steuart, or rather accord- ing to the law and practice of the Church of Scotland, as stated by Steuart, imposed hands. (See Steuart, 1. 124.) So then we see that it was not without mo- tive the framers of our constitution introduced into the Directory for Ordination, the words, " the laying on of the hands of the Presbyte- ry," understanding thereby the hands of the ministers, who acting together, in the perform- ance of ministerial and doing so by order of the entire Presbytery, are to be accounted for the occasion the Presbytery, With respect to the person to be ordained. Dr. Breckinridge asks and answers the ques- tion. "Who shall ordain him? ^ The pre- siding minister,' in the name, by the authority with the concurrence, in the bosom of the con- stituted Presbytery, as its moderator — and not otherwise." Be it so; that ordination by the presiding minister is ordination by the Pres- bytery. Why then may not the laying on of the hands of the ministers, with equal propri- ety be called, as it always has been called, " the laying on of the hands of the Presbytery ?" When after the ordination of a minister his co-presbyters say to him, " We give you the right hand of fellowship, to take part of this ministry with us," Dr. Breckinridge, unmind- ful of the canon laid down by himself for the right understanding of the word Presbytery, finds no difficulty in maintaining that the term ministry does not mean simply the ministry of the -word, in which sense alone it is ever used in our Form of Government : and he as- serts that it is here to be taken in a large sense, as including the ruling as well as the preach- ing elders. And because those from whom he dissents as to the meaning of the term in this passage, maintain that it is here limited to the ministers of the word : he asks, " And has it really come to this, that the ministry is no longer a service, vunister no longer a ser- vant.''" But what means this question ? Is it intended to fmake the reader beheve, that those who do not agree with him deny that the min- isters of the word are the servants of Christ and his Church ? I would hope that this is not its design. But at the best it is an absurd question, and the more so, as those whom he thus assails maintain that the ministers alone are called servants, and that the ruling ciders are never thus designated. Dr. Breckinridge admits that the word ministry is no doubt, in 36 its popular use often, perhaps generally .applied to the ministers of the word ; and that it is so used in the very chapter which treats of the | ordination of ministers is a fact beyond all dis- pute. To adopt then Dr. Breckinridge's mode of reasoning, will you stultify our fathers, by supposing, that in a long chapter treating of ordination, they have used the terms ministrij and 7ninisters, the one three and the other fif- teen times, in their popular and generally re- ceived meanings, and that, " without notice or motive," they have used the word ministry in the same chapter and touching the same busi- ness, in a sense different from its n^eaning in every other part of the Form of Government ? That the term ministry in the salutation ad- dressed to the newly ordained minister denotes the ministry of the word is evident also from the following facts: 1. That the use of the pronoun this limits the term ministry to the very ministry to which the person addressed is ordained. 2. That the words " take part of this ministry" are borrowed from Acts i. 25, where they are used in reference to the ordi- nary ministry of the Apostles, which was the ministry of the word, 3. That our fathers were wont to use this very expression, " to take part of this ministry with us," when, as is^conceded by all, only ministers gave the right hand of fellowship. From the circumstance that our directory for ordination does not absolutely and uncon- ditionally enjoin the use of the words, " Wc give you the right hand of fellowship to take part of this ministry with us, but only of words to this purpose, it is argued by Dr. Breckin- ridge and others, that although the term min- istry is to be understood as limited to the min- istry of the word, yet under the provisions of the rule, some other suitable word could be substituted for the word ministry which the ruling elder might use. As to the " suitable word" which might be substituted, Dr. Breck- inridge ventures no suggestion : and he would, I apprehend, find it to be no easy task to sug- gest a form of words, which a ruling elder might with propriety use, and which would be of the same purport with the words given in the rule itself. These show that those who welcome the newly ordained minister to their fellowship as their fellow-servant must be them- selves ministers of the word. Dr. Breckinridge, and several others who could be named, were ruling elders before they were ordained ministers of the word. Would it have been anything better than an idle cere- mony for the elders present to have said to such an one, " We give you the right hand of fel- lowship to take part of this ministry with us," or as they are authorized to say to a newly ordained elder, " of this office with us," when the person thus addressed had been for a greater or less length of time in the very office to which he is now welcomed, and upon which he is supposed to have just entered •* I need scarcely add, that the entirely different forms prescribed in our constitution, for the ordination of ministers and ruling elders, show most con- clusively, that it is no part of the theory of government set forth in our standards, whatev- er connexion it may have with Dr. Breckin- ridge's own peculiar views, that if a ruling el. der should be called to be a preacher, he re- quires no new ordination, before entering upon his new office : and the fact that under our Form of Government a ruling elder must bo again ordained, and that too by the laying on of the hands of the Presbytery, and the ad- ditional fact that after his ordination his co- presbytcrs are required to welcome him to this ministry, which can be no other than the gospel ministry, are of themselves sufficient to establish the position, that in giving this salu- tation none but ministers are to take part ; and unless the rule is made to contradict itself, " all the members of the Presbytery" who give this salutation must mean only those whom Steuart speaks of as ilie radical members of the body. His words are " Presbyteries are radi- cal as to the pastors, delegate as to the ruling elders." Some scehi to imagine that the use of the words "all the members of the Presbytery," in ch. XV. 14, is sufficient to settle th; ques- tion in favour of ruling elders having a right to take part in the ceremonies of ordination. 37 A sufficient answer to this is the fact that in other parts of the Form of Government, min- isters alone are spoken of as members of the Piesbytery, (see cb. x. 9, xv. 12, xvi. 6,) and in the Boole of Discipline, ch v., " Of process against a bishop or minister." The ministers of a Presbytery are spoken of as being " all its members." If in the passage here referred to, " all its members" mean only all the minii" ters, as beyond all possibility of dispute is the fact, what is to hinder the words "all the members" in the first cited passage from mean- ing only the ministers ? It has also been urged, that in the old Scot- tish form, as found in Pardovan, the words are, " all the ministers of the Presbytery take the person ordained by the right hand," &c., and that in our Form of Government the word members was substituted for the very purpose of allowing ruling elders to give the righl hand of fellowship. But was not precisely the same change made in the case of the person who is appointed to recite to the people the pro- ceedings of the Presbytery preparatory to the ordination T In Steuart the language is^" the minister from the pulpit," &c. In our Form of Government, the words are, " The same or another member shall briefly recite from the pulpit." In making this change was there any purpose to authorize a ruling elder to perform this part of the ordination service and to make the ordaining prayer ? The fact is that the framers of our constitution frequently use the term members as synonimous wifh ministers and that they were accustomed to speak of the laying on of the hands of the ministers as the laying on of the hands of the Presbytery, and to account for the change in the terms requires no such violent hypothesis as the one above- mentioned, viz., that the word members was substituted for ministers, for the purpose of enabling ruling elders to exercise what Dr. Breckinridge insists is their right and duty in relation to the imposition of hands, in the or- .,, T^- • r.' . ' purpose of e.xercising government and ine "Jus Divmum KeEimmis ErcIesiatitiVi" i: • r • • ■ ,„, . ,. , . «""""* ^cciesiastici discipline, in conjunction with pastors or eaches the same doctrine, (see ch. xi. sec. 2.) | ,i„i,ters. This office has been understood, Of the first receptacleof the power of Church^by a great part of the Protestant Reformed uovernment, viz. Christ's own officers." i rhnr^i,„c . k j • ■ i • u , , rp. . . , , ' ^iuirches, to be designated in the holy scrip- i He ministers though chosen by the neonle tnm^ i„r .i,« <-.i e r^ , - ,, , ^ "'^l^t^opie tuics, by the title of Governments, and of are never called representatives of the people, either in our own or any other form of Pres- byterian government. But' in our own, it is those who rule well, but do not labour in word and doctrine."— (See ch. v.) Here, as before remarked, it is most distinctly affirmed that ^;m:„„,i re 1 L T, ,. ^ - - 1 icmuiKtru, ic is mosi distinctly attirmed that distinctly affirmed that Ruhng Elders are /j;o- ti,„„ , , . . ,, . . , 8 ^i"t-rsare/j;o -they are properly the representatives of the /'e;V^ the representatives of the peonle audi n '„„^ I im • xi ' • , ' . . ,„ _ „ ... , . . ,. I^POP'^' and in people. 1 his then is their distinctive charac- ailmatterswithinthejurisdiction of our church tor Th„ . ,. i i ■ l ^^„„,,.„ , •' . ""r cnurcn [ ter. They are not called bishops, pastors, min- court. they have asrepresentatives of the peo-listers, angels of the churches, ambassadors, pie an equal right ..th the ministers to delib-! nor stewards of the mysteries of God, all erate and to vote But this does not imply a i which titles are given to those in the perfect equahty of power in all matters per- 1 pastoral office; nor are they called elders, ia taming to the power or Key of Jurisdiction, ,he full import of this term as ministers are. tjjat . the jomt power of ministers and ruling , For proof, compare sec. 1 of ch. iv. with sec. This view of the subject is the only one ! p ^ 'Vn '"? "'f^^^'""' ""'"^"^ ''y^''^ which gives a consistent construction to our I ^ ^"^ "^^"^ "'" '''°''" ^°' '^" P"^' I pose of exercising government and discipline I in conjunction with pastors or ministers, j This office has been understood, .... sentatives, viz., the ruling eiders, have a right i '° '^e designated ... by the title of gov- Tr, Z ZT' r' "' '"'"r"' """"^ '" '"-'' P^"-' ' '•^"'"^"^^ ^"J °f 'h°^e who rule well." in Its deliberations, might we not art^ue as Di- a Breckinridge does, in reference to°lhete7m! '"eP'-escniatives of the people, they are, ministry ? The word Presbytery is no doubt, I '^^^^^ delegated by their respective church ses- in its popular use, sometimes applied to the' i ^'^'""s, permitted to take seats in Presbytery n:ZS^:^e^;S^:^t^^;^:J::,-rt'^-^ V^^^; -^^hberate and votel ^J and those of other Presbyterian cCches use ' '°"'™' *** '^' Presbytery. It techmcallij to mean" a college or body ofP"'°^ *^'^ *^°"''* *^^y 3^"® ""ly members in presbyters. Whether all the ministers and all ^'''•tue of their being delegates from their seve- S^^h^:'^^:^;^;^^ -^ti' v!:i:^;:st' ^'"t" f r I' '-'"''''' -- -- mgs of the body must depend upon the rule. ' '" "''''"' °^ ^^^'' ''^'''' ^" ^ ^^nce, both of each church. As to what is the imnort of ^" PoP^lar language and in our Form of Gov. oiir rnlpo nn fV.i'c ^«;.,. .i , ' I ... . . constitution, and this fact furnishes conclu- sive evidence that it is the correct view. our rules on this point there can be no room for doubt The doctrine of the VVeslminster 1-orm of Government respecting the compo- sition of a Presbytery is the same as our own, and lor two centuries it has been the Form of Government of the Scottish Church ernmenf, the ministers are alone spoken of as members of the Presbytery, being the only permanent or radical members of the body.— See ch. X. 9.—" It shall be the duty of the the Presbytery ... to report to the Sy- 6 42 nod every year, licenses, ordinations, the re- i ceiving or dismissing of members, the remo- ! val of members by death,'' &c. (See also ch. XV. 12, and ch. xvi. 6, Book of Discipline, ch. V, 1 and 2.) "As the honour and success of I the gospel depend in a great measure on the character of its mitastevs, each presbytery ought, with the greatest care to watch over the personal and prufessional conduct of all its members. But as on the one hand, no minister ought, on account of his office, to be screened from the hand of justice, nor his offences to be slightly censured ; so neither ought scan- dalous charges to be received against him, by any judicatory on slight grounds. Process against a gospel minister shall always be en- tered before the Presbytery of which he is a member," Who are the persons embraced in the phrase "all its members 1" Will any body pretend that they are any others than the min- isters, the permanent members of the body, and who in certain connexions arc spoken of as the Presbytery ? This view of the subject removes all difficulty in regard to the rules re- lating to the ordination of ministers. For it enables us to reconcile at once all apparent discrepancies, and it makes our rules to speak a language consistent with the practice of our own church, and of all other Presbyterian churches, in confining the imposition of hands, and the other ceremonies of ordination, to the ministers of the Presbytery, and in styling those who perlbrm these ceremonies the Pres- bytery. If in our Book of Discipline, all the members of a Presbytery can mean the min- isters of the Presbytery, as beyond all dispute is a fact, what, I again ask, is to hinder their having the same meaning in our Form of Go- vernment 1 The simplest idea of a Presbytery is, as has been remarked, that of a convention of Pres- byters, with these may be associated for cer- tain purposes, in our classical presbyteries, and other church courts, the representatives of the people, who are, as our Form of Govern- ment says, " usually styled ruling ciders." Conjointly with the Piesbyters to whom is committed the power of preaching the word,ad- ministering the sacraments,ordaining ministers, and administeiing discipline, ruling elders have for matters pertaining strictly to government and discipline a right to deliberate and vote in all decisions made by the Presbytery, but here their power ends. They have no power to ordain, though jointly with the ministers, they have a right to say whether a candidate shall or shall not be ordained. Dr. Breckinridge maintains that ministers ordain only as rulers, and that as rulers they are on precisely the same footing with the ru- ling elders, and further that they are both of the same order of Presbyters, and that one ordination is sufficient for both offices whether the man be ordained a minister or a ruling el- der. And not only so, but as ordination is a joint power, an individual minister can in no case ordain. What says our constitution res- pecting the ordination of ruling elders. Who ordains them, or in other words who sets them apait to their office? "The minister shall proceed to set apart the candidate by prayer to the office of ruling elder." Where is Dr. Breckinridge's joint power in this oidination ; an ordination that in his view renders any other ordination for the ministry unnecessary ? In the revision made in 1821, a section was add- ed to the chapter " Of electing and ordaining ruling elders and deacons," in these words, " Where there is an existing session, it is pro- per for the members of that body, at the close of the service, and in the face of the congre- gation, to take the newly-ordained elder by the hand saying in words to this purpose, We give you the right hand of fellowship to take part of this office with us." But not one word respecting their taking part in the ordination service, or their assenting to it, except as part of the congregation. Dr. Breckinridge may, if he chooses, contend that it ought to be otherwise, I shall content myself with taking the fact as it is. There is need, indeed, that in the ordination of ministers, the ordaining power should be exercised with greater caution than may be requisite in the ordination of ru- ling elders, for in virtue of his office the min- ister himself is invented with the power of or- 43 daining others, and becomes also a joint ruler of the different churches connected with his ''resb^'tery, and therefore in relation to the ordination of ministers, it is highly expedient that the power to ordain should be restricted somewhat in its exercise, so that not only the consent of the individual church, of which the candidate may have been chosen pastor, should be had, but also the consent of all the other churches of the Presbytery should be given through their representatives, the ruling elders ; and further, it is altogeth- er proper, that this power should not be exercised by one individual minister, unless by the appointment of all his fellow-ministers, each one of whom possesses the same power that he does, and who ought to share in its exer- cise. XIII. April 20. " Our Form of Government," says Dr. Breckinridge, " ch. viii. sec. 1 and 2, quotes Acts XV. 6, to prove the government of the church to be^Mre divino in assemblies congregational, classical, and synodical ; and then in ch. x. sec. 1, and ch. xi. on the title, it quotes the same passage to prove that, jure divino, classical and synodical assemblies are composed of Pastors and Ruling Elders." A mistake by the way, for the object of the references is to show the scriptural warrant for Presbyteries and Synods, and not to show how they are to be composed. He then says, " In ch. xv. sec. 14, 1 Tim. iv. 14 is quoted to prove that in ordination the hands of the Presbytery ought to be imposed ; and in ch. x. sec. 1. the same pas- sage is quoted to prove that many congrega- tions are united in one Presbytery composed of Pastors and Ruling Elders." The same mistake as before. I'hen after a few remarks, he adds, " Here, sir, I may boldly take my stand. These marginal citations clearly prove by scripture, that the doctrine asserted in our standards is that which I assert before you now : and that the men who put them there and have kept them there understood these standards to teach this doctrine." Has Dr. Breckinridge really persuaded himself that this last assertion is true, and that the framers of our " Form of Government" understood it to teach the doctrine for which he contends? Would it not be a thing most marvellous, that they cited these texts to prove that it is the light and duty of both ministers and ruling elders to take part in the ordination of ministers, and yet that their practice should have been in all cases at variance with their own understanding of our Form of Government and the word of God 1 What cannot a man believe that be- lieves this ? Dr. Breckinridge was probably ignorant of the fact, that these very texts of scripture of which he speaks, as being cited in our stan- dards, had been previously cited in the West- minster Form of Government for the identical purposes for which they are cited in our own. That the reader may compare the citations in the one work with those in the others, I will give such parts of the different passages referred to by Dr. Breckinridge, as the texts mentioned by him are designed lo establish, and then the corresponding ones in the Westminster Form of Government. Ch. viii. 1,2. " And we hold it to be expe- dient, and agreeable to scripture and the prac- tice of the primitive Christians, that the church be governed by congregational, presbi/terial, and syjiodical assemblies." Reference, Acts XV. 6. Their power is vi'holly moral or spiritual, and that only ministerial [and declarative. Acts XV. G. • Ch. X. 1 . " Hence arise the importance and usefulness oi Presbyterial and Synodical Ks- semblies. Acts xv. 6. 1 Tim. iv. 14. Ch. xi. " on the title." The proofs adduced in favour of a Presbytery are said to be equally valid for a synod, but are not repeated. Ch. XV. 14. Then the presiding minister shall, by prayer and luith the laying on of the hands of the Presbytery, .... solemnly ordain. 1 Tim. iv. 14. The reference to sec. 2 of ch. viii. is iirele- 44 ant to the matter in hand, and the verse cited is but one of 32 verses referred to, and of itself does not prove the doctrine contained in the above extract from sec. 2 of ch. viii. Extracts from the Westminster Form of Government. "It is lawful and agreeable to the -.cord of God, that the church be governed by sev- eral sorts of Assemblies which are congrega. tional, classical, and synodical." Of classical assemblies. — The Scrip- tures doth hold out a Presbytery in the church." ] Tim. iv. 15, Acts xv. 6. and other verses in the same chapter. Of Synodica I ^h-semblies. — The Script ure doth hold out another sort of Assemblies, . . which we call synodical." Reference, Acts xv. 6, and the verses of the same chapter. " Ordination is the Act of Presbytery." 1 Tim. iv. 14. These two " Forms of Government" agree as to the composition of a Presbytery, and if the marginal citations in our own Form prove that Dr. Breckinridge's doctrine is the doctiine of our standards, they also prove that his doc- trine is the doctrine of the Form agreed upon by the Westminster Assembly, for they are cited for the very same purpose, in both. But unfortunately for his argument, the texts of scripture referred to are cited, neither in our own nor in the Westminster Form of Govern- jnent to make good the definitions they respec- tively give of the composition of a Presbytery ; and more unfortunately yet, the Westminster Form expressly declares that "Preaching Pres- byters orderly associated, either in cities or neighboring villages, are those to whom the imposition of hands doth appertain." Farther comment on this part of his argu- ment mviiit be unnecessary, as no one, it is presumed, can fail to see that his statement is erroneous and his conclusion false, notwith- .standing the confidence with which he makes the one and maintains the other. That before the adoption of our constitution in 1 788, itwas the uniform practice for ministers a- lone to ordain, is a fact not questioned, and that the satne practice has brcn continued from that time with like uniformity, until within a comparatively recent period, is a fact equal- ly certain. Evidence of this the most abund- ant could be furnished, but as it is not likely in the present stage of the controversy to be called seriously into question, I will content myself with referring to the columns of the Presbyterian, and with inserting in this com- munication an extract from a letter written by the Rev. Dr. Green, in answer to certain inquiries which I made of him in relation to this and other matters: Philadelphia, Jany. 25, 1844. My Dear Sir : Your communication of the date of yester- day is before me. without repeating your questions, I will answer them numerically. * 1. I was a member of the Synod of 1788, which ratified the constitution of our church, and am the only member of that Synod who is now in life. 2. I never heard a suggestion from any member of that body, that the directory for ordination should be altered, so as to admit el- ders to impose hands in a minister's ordina- tio'i. 3. I never heard of ruling elders imposing hands in ordination, before the adoption of the constitution of our church. 4. The imposition of hands in ordination by ruling elders is, with me, a perfect novelty. I never heard of it, or thought of it, till it was advocated by Dr. Robert Bieckinridge. If he did not first start the subject I cannot tell who did. Very sincerely and affectionately Yours, ASIIBEL GREEN. Ri:v. Dii. John- Maclkan. • The questions to which the above answers were criven by Dr. Green, were the foilowitia : 1. Were you not a memiier of the Synod of 1788, whicli ratilicd and adopted the constitu- tion of our Church ? 2. Did you ever hear the suggestion made in that body, or by any of the meml'crs of said Synod, that the Directory for ordination should be so altered as to admit of ruling el- crs imposing hands .^ 45 After reading the statement of Dr. Green ! mittee to ordain, over that of having a meeting ■can any one believe that it was the of the Presbytery itself was entirely taken away> intention of the Synod of 1 788 to make any as in most if not in every case at least three min- change whatever in reference to the persons to isters were required to take part in the ordina- take part in ordinations. But the fact that it : tion services : and there was a decided advan- was no unuiual thing, before the adoption of, tage gained in requiring the Presbytery to as- the constitution in 1788, for a Presbytery to semble ; for in the first place there was the ordain by a committee of ministers, and that greater probabiity of always securing the at- after 178S, this practice was discontinued, Dr. tendance of a sufficient number of ministers Breckinridge regards as evidence that it was ^ to take part in the ordination, and in the the design of the framers of our Form of Gov- i second place the ministers met to ordain could, ernment in requiring all ordinations to be by [ whenever there should be a call for it, attend a Presbytery, and in no case by a committee \ to any other presbyterial business that might of the body, to recognise the right and duty j be brought before them, which in a Presbyte- of ruling elders to take part in ordination it- 1 ry composed of ministers scattered over a wide self, as well as in deciding whether the candi- ; extent of country and but few in number date shall be ordained. Could no other pos- \ would often be a matter of great convenience sible reason be given for the discontinuance to all concerned. of the practice of ordaining by a committee Much has been said by Dr. Breckinridge than the one assigned by Dr. Breckinridge, we and others to convey the idea that those who could allow that there was some weight in his favour the views of the last Assembly, rely al- conjecture, although it contradicts all tradition most exclusively upon the practice of the in regard to this point, and not only so, but it involves a necessity for our believing that to church, and they do this because they are not supported by the language of the constitution. attain an end, and an end too, in the estima- i On the contrary, we maintain that the words tion of Dr. Breckinridge, of vital importance I of the constitution fairly and justly interpreted, to the Presbyterian system, the framers of our I according to their true intent and meaning, constitution, of set purpose, so worded our Di- ' teach the doctrine asserted by the Assembly rectory for ordination as to allow ruling eld- ! and we appeal to the practice of the church to ers to impose hands in ordination, and yet in :' show that our fathers who framed our directo- no one instance did they ever pay the least j ry for ordination understood these words in attention to the rule which they themselves the very same way in which they were under- had made, and made with design of bringing stood by the Assembly of 1843. Were we t& about a change. By making the quorum of a Presbytery so grant, which we do not, that the words of the Book would admit of the construction given email as to require the presence of only three to them by Dr. B., it would not follow as ministers, instead of a majority of the whole : matter of course that his interpretation was the number as directed in Pardovan, the advantage ■ true one ; for it might arise from the ambigui- on the ticoreofconvenience of appointing a com- 1 ty of the terms, and in this case, though hy themselves, or in given connexions, they o -D r ,, , . ^ , . . might bear the signification assigned by Dr 3. Betore the adoptron of the constitution I t, ,• -i , ■ , . ,. ' by the Synod of 1788, did you ever hear ^f I ^'"'^ckmndge, yet in the connexion m which ruhng elders taking part in the imposition of! ^^"^7 actually occur this interpretation might ^i^'nds 1 be farthest possible from the truth. Of one 4. What is the earliest period in the history I thing I feel confident, that it will be very cif- of our church, when so tar as ycu know, it I ^ ,. ^ t. tj . ■ • i •, . was ever maintained that it was'the right and ' ^''^"'^ ^"^ ^'- Breckinridge to persuade the mem. duty of ruling elders to take part in the impo- 1 ^^^^^ elders, and ministers of our churches that siiion of hands > { our fathers who framed and adopted our stand- 46 nrds (3i(I not understand the import of their ' own language, or that having a correct appre- hension of its meaning, they all of them acted ] in direct opposition to the intent and meaning ! of the rules which they had made for the govern- 1 ment of the church. Nor will the disrespect- ; ful tone in which he speaks of the practice of: the church serve his purpose. When he imag- ines, however erroneously, that the practice of; our own or of other churches will help his cause, ' he is ready to refer to it ; and it is not a little cu- rious to observe how, like the guest of the syl- j Tan god in the fable, he can blow hot and blow cold, with the same breath, according as it is important for him to do the one or the other. In his speech on the Quorum Question, when he conceits that the annulling of the " Six pre- tended General Assemblies," by the General Assembly of 1638, and the appointment of Ruling Elders as members of the commission to the Westminster Assembly, sustain his •views respecting the Quorum of a Presbytery, he appeals with confidence to these cases, having previously remarked that the whole matter is "res adjudlcata ;" a matter of course that admits of no further dispute. But when knowing enough of the practice of our own and other Presbyterian Churches, to know that the weight of authority is against him, respecting the imposition of hands in or- dination, and had he known more of it, he would have known that it was all against him ; he thus speaks : " The practice of other church- es I do not pretend to have sufficiently exam- ined into, to speak with confidence about it." "If we had certain information and a uniform practice, there might be some inducement to look into this idlest, vaguest, weakest part of the most uncertain of all rules of duly, — the opinions of men as weak, as ignorant, and as simple as ourselves." And yet after this sweeping assertion, he occupies not less than five columns of the Presbyterian witli discus- sions to ihow that the testimony of the older Reformed Chuclies is in itself considered more for him than against him. To make good this assertion, he begins with the Reformed Church of France, upon j which he bestows a just and glowing eulogy; and among other statements respecting the rules and practice of this church, he makes the fol- lowing : " The confession of this church was drawn up, as is generally supposed, by John Calvin himself, and was adopted by several of it« National Synods, including the first of the tWfcUiy-nine which met at Paris on the 1 5th of May, 1569. By it ministers of the -word ■were ordained by committee, tvlnch always consisted of two pastors deputed by a provin- cial Synod ora Colloquy (^Presbytery).^' A ve- ry good beginning this, to prove that " this tes- timony is not only more for me than against me." I shall not detain the reader by a review of the sophistry and special pleading by which Dr. B. endeavors to evade the force of the fact which he could not deny, that in the Reformed Church of France, ordination of ministers of the word was always by ministers of the word, and that in no case did ruling elders ever unite with the ministers in the ordination services.* The testimony of the Church of Geneva Dr. Breckinridge mentions in connex- ion with that of the Reformed Church of France, and admits that they agree. The next testimony to which Dr. Breckin- ridge refers, is that of the second or latter Helvetic Confession. From the xviii. chap- ter of this confession, which treats of ministers, Dr. Breckinridge quotes the following pas- sage : " Et qui electi sunt, ordinentur a senioribus cum orationibus publicis el impo- sitione manuiim. And those who are cho- sen ought to be ordained by Elders, with pub- lic prayers and imposition of hands." But who, let mc ask, arc the Elders spo- ken of in this section? The ministers of the word, and only these. In the whole confcs. sion there is not one word about any other Presbyters or Elders than those who are aUo *Frorn arr enactment of the 1 7th Gen- eral Synod, wliich met in KiO.'}, it appears that to the ceremonies directed to be used in the ordination of Ruling Elders, the im- position of hands had in some of the churches lieen added, and this the Synod strictly pro- hibited. See Quick's Synodican, vol. I., p. 229. 47 called Pastors and Doctors. These are " the senators and fathers of the Church," mention- ed in this confession, as " governing it with wholesome counsel," and the term, " Elders," like the terms " Bishops," " Pastors," and " Doctors," is given as a suitable appellative of the ministers, all vrhose offices, it is said, are suni'red up in these two, viz; preaching " the evangelical doctrines of Christ," and the lawful administration of the sacraments. " Of- ficia ministrorum sunt varia, quse tamen ple- rique ad duo restringunt, in quibus omnia alia confunduntur, ad doctrinam Christi evan- gelicam, etad legitimam sacramentorum admin- istrationem." Under these two are included among many others, " the rebuking of those who do amiss, the calling back of those that err ;" " the driving away of wolves from the Lord's sheep fold," " the prudent and earnest reproving of acts of wickedness and of those who commit them," the preventing ofschisms, &c, — " corripere peccantes, revocare in viam errantes lupos denique ah ovili dominico abigere," &c. "As if to put the matter out of dispute," says Dr. Breckinridge, " the subject is closed with the declaration, that those who depose and those who ordain are the same." Very good. I will now cite the passage, a thing not done by Dr. Breckinridge. " Inquirendum enim diligen- ter in doctrinam et vitam ministrorum, in Sy- nodis. Corripiendi sunt peccantes a serdori- bus, et in viam reducendi, si sunt sanabiles, aut deponendi, et veluti lupi abigendi sunt pet veros pasiores a grege dominico, si sunt incu- rabiles." " In the Synods, careful inquiry is to be made into the doctrine and hfe of the ministers. Those who do amiss are to be re- buked by the Elders, if curable, or to be de- posed, and as wolves to be driven away, by the true shepherds from the Lord's flock, if they be incurable." Who in this passage are the Elders by whom erring itinisters are to be rebuked ? Are they any others than the " true shepherds," the pastors of the Lord's flock, by whom they are to be deposed and treated as wolves if they continue obstinate ? When in the xviii. ch. it is said of Presbyters " They are elders (senioies) and as it were sen- 1 ntors and fathers of the Church governing it with wholesome counsel," the term is applied to ministers of the word just in the very same way that the term Presbyter, or Elder is ap- plied to ministers of the word in our Form of Government, ch. iv. " Of Bishops and Pas- tors." "The pastoral office is the first in the church both for dignity and usefulness. The person luho Jills this office, hath, in scripture, obtained different names expressive of his va- rious duties. As he has the oversight of the flock of Christ, he is termed bishop, as he feeds thenf with spiritual food, he is termed pastor, as he serves Christ in his church he is termed minister. As it is his duty to be grave and prudent, and an example of the flock, and to govern well in the house and kingdom of Christ, he is termed presbyter or elder," &c. " Do the terms bishop, pastor, minister, presbyter, designate the same per- son or different persons .' Compare this ex- tract with the following passage from the xviii. ch. of the Helvetic confession, " Licebit ergo nunc ecclesiarum ministros nuncupare Epis- copos, Presbyteros, Pastores atque Doctores." " We may therefore call the mi^iisters of the churches Bishops, Presbyters, Pastors and Doctors," and this sentence is the very next one in order after those in which these several terms are defined, and among which is the definition o( presbyters cited by Dr. Breckin- ridge, viz. "That they are Elders (seniores) and as it were senators and fathers of the church, governing it with wholesome counsel." Is more evidence needed, that in giving this definition of the term Presbyters, the design is merely to define one of thetei-ms by which min- isters may be designated, and not to point out the different officers in the church 1 Take the following passage from Calvin, " Caeterum quod Episcopos, et Presbyteros, et Pastores, et Ministros promiscue vocavi qui ecclesias re- gunt, id feci ex Scripturae usu, quae ista vo- cabula confundit." Had there been ruling elders in all the churches of Switzerland, this would come far short of being proof that ruling elders were included in the term " elders" in the first sen- 48 tcnce cited from this confession, viz/'And those who are chosen, ouglit to be ordained by the ciders with public prayers and imposition of hands." It would still be an open question whether in this connexion, the term elders includes onlj- ministers, or both ministers and those " usually styled ruling elders," for if the ordination were by the ministers alone, the rule would be fully complied with, inasmuch as according to the universal consent of all Presbyterians, ministers are cldcis. But as already remarked, no other elders are men- tioned in this confession than the elders who are 7ni7iisters, and the conclusion, therefore, is ! irresistible that, according to this confession, i in the ordination of a minister not only the making of the ordaining prayer, but also the imposition of hands appertained to ministers only.* " It would be easy," says Dr. Breckinridge, to show the same doctrine from other confes- sions, for example those of the Bohemian churches of 1535, and of 1575, and various Professions of Polish and Lithuanian church- es of the following century." When he shall undertake to show how easy a task it would be to prove what he says, it may become ne- cessary to show that he understands as little about these as he does about those already ex- amined. By assuming the very point in de- bate, viz., that, whenever elders are spoken of * We are told 'indeed that in the ancient church excommunication was practised, and that the people of God had ecclesiastical trials in which discipline was exercised by prudent and pious men. These doubtless are the pro- totypes of our ruling elders, but in the Helvetic Confession they are not elsewhere alluded to, and in this place they are spoken of merely as " prudent and pious men," to whom was en- trusted tlic discipline of the church, under the guidance of the miiiist(!rs. " Cumquc omnino operteat esse in ccclesia disciplinam, et apud vetercs quondam usitata ; fuerit Excommunicatio, fucrint que judicia ec- clesiastica in populo iJei, in quibus per viros prudentes ct pios cxerccbatur haec disciplina, ministrorum quoque fuerit, ad edificationcm, disciplinam moderaii banc, pro conditiono tem- porum, status publici, ac necessitate." — Ch" xviii. in connexion with the ordination of ministori;, ruling elders are included, he doubtless can make good his assertion. But this preliminary step he will find to be no easy task. Why did not Dr. Breckinridge introduce into his speech the testimony of ihcBclgic Confession to which he appealed with so much confidence in his '' Spirit of the XIX Century" in answer to some remarks in the Princeton Review ? Did he discover his gross blunder before it was pointed out to him in the last number of the same Review ? and wisely include this testi- mony among that of the other churches he would pass over, with the testimonies of the Bohemian and Polish churches. With the Doctor's consent, I will give him some evi- dence respecting the Church of Holland, taken from the Rules of Church Government estab- lished in the National Synod held in Dor- drecht, in the years 1618 and 1619 — which» in a matter of this kind, ought not to be passed over. " A lawful call to persons not heretofore engaged in the ministry of the word consists ; \. Jn a free choice, 2. Jn uii. examinatioif 3. In the approbation, &c. 4. In public or- dination, in the presence of the congregation, according to the form adopted for that purpose, accompanied with suitable engagements, ex- hortations, prayers, and imposition of hands by the minister xuho presides at the ordina- tion, and such other ministers as may be pre- sent" Dr. Breckinridge's next appeal is to the tes- timony of the Kirk of Scotland. It is on all hands conceded that in the time of Knox and of the first Book of Discipline, ministers were not ordained with imposition of hands. Nevertheless a candidate was admit- ted to the ministry by the chief minister de- claring that he was appointed to serve the church by which he had been previously elected. In this ceremony of admission, the ruling eklcr, as such, took no part, but as one of the people, he no doubt united with them in expressing in a public manner their appro- bation of the person chosen to be their min- ister, " The Second Booh of Disciplined^ says 4a Dr. Breckinridge, " puts the whole subject of church order and discipline in the clearest light." It must of course then sustain Dr. Breckinridge's views ; and so confident is he of this, that he concludes his observations on this book in these words, " It does seem to me to be the very height of absurdity, and an ab- solute contempt of common sense, for any one to contend, that according to the principles and the very terms of this instrument ruling elders are not permitted to impose hands in the ordi- nation of ministers of the word." As doubtless in Dr. B.'s estimation, I have long ago ar- rived at this very height of absurdity, he will scarcely expect anything else of me than to deny that under the provisions of this " Second Book of Discipline," ruling elders are per- mitted to impose hands in ordination. But not only do I deny this, but I will go one step fu'-ther, and maintain that during the time that this book was the law of the Scotch Church, ruling elders had no vote in deciding whether a candidate was qualified on the score of theological attainments to be a minister of the word, though they had a vote on the question whether or not he should be or- dained. As to the first point, it depends, as Dr. Breck- inridge justly remarks, on the meaning of the term Eldership in the following passage: " The ceremonies of ordination are fasting, earnest prayer, and imposition of the hands of the elderMp." There are four sorts of as- semblies or elderships mentioned in this Second Book of Discipline. " For they are either of particular kirks and congregations one or more, or of a province, or of a whole nation, or of diverse nations professing one Jesus ' Christ." j Notwithstanding, "the Second Book of Dis- cipline," according to Dr. Breckinridge, " puts the whole subject of church order and disci- pline in the clearest light," Dr. Breckinridge is unable to say to which of the different elder- ships, treated of in ch. vii, the power of ordina- tion belongs. « There is," he says, « no direct statement in the instrument as to ivhich elder- ship it especially appertains to ordain all per- sons who bear ecclesiastical functions ; per- haps it might by its terms appertain to every church assembly lawfully called and constitu- ted." So much for the clearest light. Dr. Breck- inridge next remarks, " But the evident burden of the whole places the power in the hands of the particular eldership." Very good. But what is a particular Eldership 1 It is the first of the four above named, viz. an Eldership com- mon to several diuerent kirks. "When we speak of the Elder's of the particular con- gregations," says the Second Book of Disci- pline, "we mean not that every particular parish kirk can, or may have their own particular elderships, specially in landward ; but we think three, four, more or fewer particular kirks, may have one eldership common to them all, to judge their ecclesias- tical causes." This was at that time, their lowest church court, consisting of the ministers and elders of several associated churches.* And it is about as clear as anything in the book that this Eldership had the power of ordi- nation, and that the several Elderships in actual existence at that period, had also the power to ordain, yet it is probable that for the most part, it was exercised chiefly by the par- ticular eldership. Speaking of this eldership, the authors of this book say, in ch. vii. " The power of election of them who bear ecclesiasti- cal charges pertains to this kind of Assembly within their own bounds, being well erected and constituted of many pastors, and elders of suflicicnt ability." From a comparison of the above with the two following sentences in ch. iii. it is evident that " the particular elder- ship" had the right to impose hands in ordi- nation. " This outward and ordinary calling hath two parts, election and ordination. Elec- tion is the choosing out of a person or per- sons .... by the judgment of the eWe;-- * And this fact is sufllcient to account for the ground taken by Caldcrwood, in the As- sembly of 1617, that the session of an indivi- dual Church was only a commission, with a doIcRated power, from a Presbytery, the in- dividual churches not having at the first sepa- rate sessions. See Baillic's Letters. JXo. 175. ^ ship. The ceremonies oi ordination are fasting, earnest prayer and imposition of the hands of the eldership." The same eldership is evi- dently meant in both sentences. Now since the imposition of hands appertains to the particular eldership, constituted of many pastors and elders of suflicicnt ability, are not the elders to take part in the imposition of hands ? I answer confidently, No. And now or the proof. Among the powers expressly conferred upon the particular eldership is the " power to ex- communicate the obstinate" and it is express- ly said, " It pertains to the eldership to take heed, that .... the discipline be rightly maintained :" see ch. vii. in which these pas- sages occur ; and compare them with the fol- { lowing in ch. iv. " It appertains to the minis- ter, after lawful proceeding by the eldership, to pronounce the sentence of binding and loosing upon any person, according unto the power of the keys granted unto the kirk." " And gene- rally all public denunciations that are to be made in the kirk before the congregation con- cerning ecclesiastical afTairs belong to the office of a minister, for he is a messenger and herald betwixt God and his people in all these affairs.' From these passages it is evident that accor- ding to the principles of the " Second Book of Discipline," it appertains to the entire elder- ship to decide all matters within the compass of its jurisdiction, but when the decision is made, the declaration or executioTi of the de- cision belongs to the office of a minister, and it matters not whether it be done by words or by signs, and this too is the doctrine of the Second Book of Discipline, for it expressly teaches, in ch. iv. that instruction may be ad- dressed to the eye as well as to the ear, and assigns this as the reason why the adminis- tering of the sacraments as well as the preach- ing of the word, appertains unto the pastors only.* * " Unto the pastors appertain the teaching of God's word," &c. " Unto the pastors only appertains the ad- ministration of the sacraments, in like manner as the administration of the word ; for both In deciding the question whether a man shall be ordained by the imposition of hands, the whole eldership voted, but the actual im- position being a public declaration of the fact that the man is set apart to the office of the ministry pertained to the ministers alone, just as in the cases of excommunication, and in the milder forms of discipline, it apper- tamcd to the entire eldership to decide whether an individual should be cut off from the church or otherwise censured, but when the decision was once made, it was the oflice of the pastor alone to pronounce the sentence, whatever that might be. And whether the rules laid down in the Second Bosk of Disci- pline gave rise to the practice of which Steuart speaks in the following passage, or whether these rules merely rendered obligatory, what previously had been customary and optional* it is evident, that from the very time in which imposition of hands began to be practised in the Reformed Church of Scotland, it was prac- tised by the ministers alone. " In the Assem- blies of the church . . ruling elders have right to reason and vote in all matters coming before them ... as ministers have Howbeit by the practice of the church the execution of some decrees doth belong to pastors only, such as the imposition of hands, the pronouncing the sentences of excommunication and absolu- tion, the receiving of penitents, the intimation of sentences and censures about ministers and such like." See Steuart I. vii. 9. This explanation of the words, "imposi- tion of the hands of the eldership," in the Second Book of Discipline, is confirmed by the use of an anaolgous form of expression in the West- minister Form of Government, in which, be- are appointed by God, as means to teach us, the one by the ear, and the other by the eyes and other senses, that by both knowledge may be transferred to the mind." In accordance with this is the language of the authors of the " Jus Divinum Ministerii Evangelici," respecting the imposition of hands. " We use it not as an operative ceremony, but as a moral sign to declare publicly who the party is that is set apart to the work of the Ministry." ch. xii. 51 yond all dispute, ministers only are meant, i he would not consent to submit to any mea- when it is said : " The Presbytery . . shall sol- j sure that would call into question the va- emnly set him apart to the office and work of lidity of his ministry. As a confirmation the ministry, by laying their hands upon him," &c. Under the Westminster Form of Gov- of his ministry, and not as a new ordination, he consented to receive, and did receive ernment, the Presbytery or eldership consisted imposition of hands. The persons appoint- ofboth ministers and ruling elders, as was the case under the second Book of Discipline, and yet in imposing hands, the ministers alone are spoken of as the Presbytery. Why shall we, then, not only without evidence, but con- trary to evidence, maintain, that by the term " eldership," in the phrase above cited, we are to understand the entire body composed of both ministers and elders? The explanation which I have given of the clause in dispute is farther confirmed by the fact, that there is no evidence that while the econd Book of Discipline was the law of the Scottish Church, Ruling Elders ever imposed hands, in ordina- tions. While the current of testimony as to the practice of the church, and as to the construc- tion given to the rules respecting ordination, is against the position taken by Dr. Breck- inridge. For eleven years before he received imposi- tion of hands, Mr. Robert Bruce, a pupil and intimate friend of Melville, was one of the pas- tors of the Church in Edinburgh, and that too ed to attend upon this business, were- Robert Pont, James Nicholson and Thomas Buchanan, all ministers. It was probably about this time that the several churches be- gan to have their respective sessions. Years before this, and while the Second Book of Dis- cipline,called also the Book of Policy ,was in fra- ming, according to Calderwood, or just after it was ratified, according to James Melville, Pat- rick Adamson, archbishop of St. Andrews, to satisfy Andrew Melville and his friends that he was fully with them, signed ceitain proposi- tions, from which I extract the following pas- sage: " The ordaining and appointing of pas- tors, which^is also called the laying on of hands, appertaineth not to one bishop only, so being lawful election pass before, but to those who are of that same Province or Presbytery, and with the like jurisdiction and authority minis- ter at their kirks." In no one of the standards of the Scottish Church, and by none of the Presbyterians of Scotland, were ruling elders ever called bishops. during the veiy time when the Second Book \ Adamson, therefore, in the above sentence. of Discipline was the law of the church, and was held in the highest repute. The ceremo- ny of imposing hands was yet held to be a matter of indifference, and being so regarded it was probably often omitted in the admission speaks of the ministers of the Presbytery as those to whom appertained the imposition of hands. Had it been the doctrine of the Sec- ond Book of Discipline, that it was the right and the duty of ruling elders to impose hands, of Pastors, because the Romanists and Epis- i and that to limit imposition of hands to min- copalians held it to be a rite essential to ordi- isters tended to degrade the office of ruling el- nation, and to be practised by prelates alone. But be this as it may, Bruce became a Pastor, without receiving the imposition of hands, and when he was required, by the King and the Commissioners of the General Assembly, to receive it, under penalty of being dismissed from his post, he made no objection on the ground that none but ministers were appoint- ed to receive him, and impose hands, but sim- ply on the ground that he was already a pas- 1 der, and was the oflfspring of hierarchical senti- ments, as is maintained by Dr. Breckinridge, Adamson sutely would never have expected Melville and the other friends of the Second Book of Discipline to be satisfied with any such declaration as the one above cited. In a letter addressed to " the Pastors of the Kirk of Geneva and Tigurie," (Zurich) An- drew Melville has these and like words, " . . . concerning matters of discipline, seeing tor without the impositioa of hands, and ! whatsoever we have in that matter, we willing- 52 ly and plainly confess to have received it of you; and that we altogether agree with you in all points, so marvellously do our minds and wills by the virtue of God's Spirit, consent in an liar- naony." See James Melville's Tiography, p. 157. Who has any doubt as to the course pursued at Geneva in the ordination of minis- ters 1 What then are we to infer from this declaration of Melville ? Shall we believe that in the Church of Scotland, contrary to the rule and practice of the Church of Geneva, and of Zurich, and in short, of all the reformed churches, ruling elders imposed hands in the ordination of ministers, or that the Second Book of Discipline, in giving merely the heads of policy, designed to teach any such doctrine. In his controversy with Tilenus, Calder- wood maintains that there is no impropriety in calling the imposition of hands, the laying on of the hands of the Presbytery, though all the members of Presbytery may not have the right to impose hands," and he admits the fact charged by Tilcnus, that ruling elders did not take part in the imposition of hands, and which was urged by Tilenus as an acknow- ledgment that ruling elders should not be members of Presbytery, and he further admits that " the imposition of hands which is joined with prayer and the benediction is to be con- fined to the pastor or teaching elder." He held indeed, that " as a sign of consent and assis- tance. Ruling Elders could impose hands," as is done by the Pr€sb3;tcrs in prclatical ordina- tions, and not only so, but intimates very clear- ly, that in his opinion, private members of the church might do the same. See his Altare Damascenum, pp. G89--G90. Whether his opinions be well or ill-founded in regard to ihese points, and it is a matter of little mo- ment whether they be or not, one thing is certain from his testimony, viz., that in the time of McWille, ruling elders in Scotland did not impose hands in the ordination of min- isters. And would this have been the case if their statute book taught that imposition of hands belonged equally to ministers and ru- ling eldeis? To the testimony t'lrcady adduced to the proper construction of the Second Book of Disci[)Iiiie respecting the imposition of hands in ordination, I will add the Ibllowing passa- ges from Henderson, Rutherford, and Guthiie, given in the appendix to the Rev. Dr. Miller's Sermon on " The Warrant, Nature, and Du- ties of the oflice of ruling elder." Hender- son's treatise was published in 1641, Ruther- ford's in 1642 and Guthrie's about 1650. Speak- ing of the practice observed at the ordination of ministers, Henderson says, "The minister com- eth from the pulpit, and with as many of the ministers present as may conveniently come near, lay their hands upon his head, and in the name of Jesus, do appoint him to be pastor of that people." In his treatise, entitled " A Peaceable Pica for Paul's Presbytery in Scot- land," Rutherford says, " Everywhere, in the word, where pastors and elders are created, they are ordained by Pastors." — p. 27. " Ordination of pastors is never given to people, or believers, or to Ruling Elders, but still to pastors, as is clear from I Tim. v. 22, Titus i. 5, Acts vi. 6, Actsxiii.3,2Tim. i. 6, 1 Tim.iv. 14."— p 190. In his treatise of Elders and Deacons, Guth- rie says, " Ilowbeit the execution of some de- crees of the Church AsscmbUes, such as the imposition of hands — the pronouncing the sentence of excommunication — the receiving penitents — the intimation of the deposition of ministers, and such like, do belong to minis- ters alone" The accomplished antiquary to whom Dr. Miller acknowledges himself in- debted for the communication from which the above extracts have been made, says in his letter to Dr. M. : " Guthrie follows through- out the rules laid down in the First and Se- cond Books of Discipline." IVow is it to be believed that these men would have written thus, if it had been the law or practice of the Church under the Second Book of Discipline for Ruling Elders to unite with ministers in im" posing hands .'' Is it credible that Henderson should have done so, who was moderator of the Assembly of 1638, which one or two years before he wrote his treatise, entitled "The Gov- ernment and Order of the Church of Scotland," passed an act respecting the Assemblies of 53 the Church, including Kirk Sessions, Provin- cial and National Assemblies, from which I extract the following passage : " The Assem- bly findeth it necessary to restore, and by these presents restoreth all these Assemblies unto Ihcir integrity in numbers, privileges, powers and jurisdictions, as they were constituted by the aforesaid Book of Policy." Would it not have been a most singular restoring of them to their integrity by abridg- ing the rights of one of the classes of which these Assemblies were composed ? If then, a comparison of the dilferent rules laid down in the Second Book of Discipline, leads to the conclusion that, according to the true meaning and intent of the clause, " imposition of the i hands of the eldership," ministers alone were ' to take part in this c2remony ; and if this con- clusion is fortified, by the constant and uni- form practice under the rules laid down for ! the ordination of ministers in said Book, as ev- idenced by the authorities above cited, and if too, this practice corresponds with the uni- form practice of the Kirk of Geneva, after | which, Melville says, that of Scotland was modelled, and with which it perfectly corres- ponded, %vhat are we to think of the judgment of Dr. Breckinridge in this matter, who with- out producing one single authority, or citing a single instance to sustain his construction of the rule, ventures to say, « it does seem to me to be the very height of absurdity and an absolute contempt of common sense, for any one to contend that according to the princi- ples and very terms of this rule, Ruling Elders are not permitted to impose hands in the ordi nation of ministers of the word."* I Dr. Breckiniidge's next appeal is to the I Westminster Directory for Ordination, in re- , gard to which I should deem it unnecessary to ; say a single word in this connexion, having already shown fully the doctrine of this work, had it not been for Dr. Breckinridge's most unwarrantable assumption that the whole Di- j rectory was devised for an unsettled and ex- traordinary state of the Church, and that it " contemplates the extraordinary state of af- fairs actually existing." How Dr. Breckin- ] ridge could make such a statement as this, I cannot venture to form a conjecture ; having before his eyes the clearest evidence to the I contrary, in a sentence immediately preceding one which he quotes. The sentence to which I refer is the following and it occurs near the close of the Directory. " Thus far of ordina- ry rule, and the course of ordination, in the ordinary way ; that which concerns the extra- ordinary way requisite to be now practised, foUoweth;" and then follows a sentence. *Vl hen James was laboring to subject the Church wholly to the Civil Power, he caused to be drawn up certam questions to be resolved at the Convention of the Estates and General Assembly, appointed to be held at Penh the last of February, 1596. To these questions answers were proposed by sundry ministers ot the Synod of Fife, and strenuous defenders of the Second Book of Discipline. 'J'hc ques- tions and answers are given in James Mel- ville s Diary, and the Synod is much commend- ed by him for their fidelity in this matter. , From these questions and answers I select the following, and they will show that accord- . ing to the construction then given by these I most strenuous advocates of the Second Book jOf Discipline, Ruling Elders possessed less I power in Presbytery than under our own sys- j tem of Church Government. I '-Qucsdon 1. Is not the consent of most { part of the flock, and also of the Patron, ne- cessary in the election of the Pastors ] "Answer. The election of Pastors should be made by them who are Pastors and Doc- tors lawfully called, and who can try the gifts necessarily belonging to Pastors by' the Word of (I'od, and to such as are so chosen, the flock and the Pastors should give their consent and protection." "Question 17th. Should not the Elders and Deacons of each particular session have vote ! m the Presbyteries, or the Pastors only i I "Answer. Elders also having commission trom their sessions in matters of manners hke as also Deacons in the Poor's affairs, and I patrimony of the Kirk." I "Question 21. Should all who have vote in the Presbyteries, and also in the particular sessions, have vote in Synodical Assembhes >" "Answer. The Pastors and Doctors, and such as have commission from particular ses- sions of Congregations have vote, except in matters of Doctrine, wherein only thev that labour in the Word may vote and judV" 64 which he has quoted, beginning with these! questions, 1. That the power to ordain does words, " In these present exigencies," &c. i not belong to a diocesan bishop. 2. That it And were there no such sentence in the Di- does belong to a presbytery. 3. That it " be- rectory, as the one cited above, the very de- 1 longs to ministers in general." Then after a sign in drawing up a system of Church Gov- record of the questions proposed to the candi- ernment including a Directory for Ordination, dates, arc the following words : " Here Mr. \iz. to secure a uniformity in this whole mat- Patillo and Mr. Richardson kneeled down, and ter, in the united kingdoms of England and [ the Presbytery laid their hands upon them, and Scotland, would be conclusive as to the fact i he that presided offered up a solemn prayer that the Directory was designed for a perma- over them agreeably to the materials recom- nent state of things. I need scarcely say that ! mended in the Westminster Directory on this the testimony of this Directory is directly op- 1 head." ' posed to his views. I " And as a token of our receiving you into With respect to the Westminster Directory, he i ministerial communion as members of this pres- has some remarks, the apparent design of which j bytery, we give you the right hand of fellow- is to produce the impression that the forms di" hip." Then follow these words ; " Here each ,ected by it to be observed in the ordination of member of the Presbytery gave Messrs. Patillo a candidate to the ministry, were not observed ] and Richardson his right hand }" What Pres- by the Church of Scotland ; and as if it really bytery ! " a collective body of ministers of the furnished any countenance to these remarks, he same rank and order," is President Davies's refers to the Act passed by the Assembly of 1649, which merely directs %vhat measures are to be pursued in the election of a Pastor, and says not one word respecting the mode of in- own definition of the term Presbytery. And in the sermon referred to he tells us, " To the office of a gospel minister then, it belongs to preach the word ; to administer the sacra- vesting him with the pastoral office. The very j ments ; to concur in the ordination of persons duly qualified to this oflkc, pnd to rule the church of God." Do preaching and the admi- nistration of the sacraments pertain to the office of the Ruling Elder .> If not, then Ruling Elders do not belong to the " coUectve body of ministers" of which President Davies speaks- If then thirty years before the adoption of our Constitution, ministers weie spoken of as the title of the Act is " Directory for the Election of Ministers." Dr. Breckinridge concludes his appeal to the testimonies of the different Presbyterian Churches by a reference to that of our own- As I have already said so much on this branch of the subject, I will detain the reader but a mo- ment longer than may be sufficient for him to peruse the following extracts from an account [ Presbytery in the ceremonies of ordination, given by the late Rev. Samuel Davies, of the and each member meant only each minister, ceremonies observed at the ordination of the have we not here a strong confirmation of the Rev. Messrs. Patillo and Richardson in Cum- berland Co., Virginia, July 13th, 1758, and ground I have taken in these letters, that in ch. XV. 14 of our present Directory for ordination, from a sermon preached by President Davies viz, that " the laying on of the hands of the at Hanover, Virginia, June the 9th, 1557, all Presbytery" means the laying on of the hands the ordination of the Rev. John Martin. of the ministers, and that the phrase " all the " But here a question lies in our way which members" means all the ministers, just as in has been much agitated in the world, to whom the passage cited from the form given by does the power of ordination belong ? To a j President Davies " each member" meant each Presbytery, that is, to a collective body of ; minister. Shall we then to please Dr. Breck- rainisters of the same rank and order 1 or to a inridge cease to follow the practice of the fathers Bishop, that is to a minister of superior order of our own Church, and the example of all the to the rest of the clergy >" He answers these different branches of the Presbyterian Church 65 in our own and other lands ? How long shall we continue to enjoy quiet, and our church be left at liberty to devote all her energies to the direct advancement of the interests of religion, if she yield to his present demands ? Will his agitations cease if we now give up ? Of this we can have but little hope, for he has told us, that all churches require frequent refor- mations. How many more we are to have yet, if Dr. Breckinridge is to have his way, is of course a matter unknown to any mortal mind. I have now brought to a close the strictures which I proposed to make upon the arguments and statements of Dr. Breckinridge, as presented in his two speeches before the Synod of Phila- delphia. As I believed the speeches to be of a mischievous tendency to the interests of the Church, and the spirit pervading them to be anything but what it should be, I have not hesitated to expose as fully as I could the un- sound reasonings and the inaccurate state- ments of Dr. Breckinridge. Occasionally, too, I have animadverted upon some of the more exceptionable language employed by him when speaking of those opposed to his views. Dr. Breckinridge has probably yet to learn, that positive assertion, great pretensions to minute and extensive research, and a contemp- tuous style in speaking of those who venture to call into question his opinions or his schemes, are not the best weapons with which to assail an adversary, or to defend him- self. Without the least call for it, he charged a majority of the ministers in the last Assem- bly with being prejudiced against the rights of the Elders, and a majority of the Elders with being blind as to their own rights and privileg- es. He also charged the same Assembly with countenancing views which have a tendency to subvert the libeniea of the Church and to prepare the way for a hierarchy ; and he has warned the coming Assembly, that if they do not adopt his views and condemn those of the last, it will be owing to the circumstance that " God is angry with us for our sins." " Mis- . erable sophistry," " supremely absurd," "stark nonsense," " utter folly," "idle professions of respect," "open deserters of their covenanted calling," and such like, are the phrases which he has applied to the persons and to the real or supposed sentiments of some of his oppo- nents. Had his speeches been printed as soon as they were delivered, considerable allowance might be made on the score of temporary ex- citement occasioned by the circumstance that he was aware that a large majority of those to whom his remarks were addressed were oppos- ed to his views. But they were, delivered, one on the 20th, and the other on the 23d of October last, and were not published, the first until the 9th of December, and the second until the 30th of December and 6th of January. Dr. Breckinridge, it seems to me, speaks and writes of others, as if he regarded him- self at liberty to say of them just what he pleases and just in what way he pleases, per- fectly regardless of their feelings or those of their friends, and yet he expects nothing but the utmost deference to be paid to his per- son and opinions. If this gentleman does not always receive measure for measure for the un- bridled license in which he sometimes induc- es, he ought to know that it arises in some cases at least, much more from the respect which those assailed have for themselves and for the ordinary courtesies of life, and above all, for the proprieties of Christian intercourse than from any deference to his person or opin- ions, or from any fear of his abuse. INDEX. No. I. — Kcmarks on the Protest of Dr. Breckinridge and others, and on his complaint or ap- peal to the next Genera] Asfcnildy. No. II. — Remarks ])refatory to an cxanimation of Dr. Breckinridge's argument respecting the Quotum Question. No. III. — 'I'he fallacy of Dr. Brockinridae's argument founded upon the fact that a Presbytery is composed of two distinct classes of church oHicers. Error of Dr. Breckinridge, respecting the six Ciencral Assemblies, of the Church of Scotland, condemned and an- nulled by the General Assembly of 1638. No. IV. — Error of Dr. Breckinridge in regard to the statemei;ts of Steuart of Pardovan, con- cerning the Assemblies, Synods, Presbyteries, and Kirk Sessions of the Church of Scotland, and of their committees. Error also of Dr. Breckinridge in relation to the Commission appointed to meet and confer with the Westminster Assembly of Divines. No. V. — The main position assumed by Dr. Breckinridge at variance with the provisions of our constitution, with respect to the quorums of the General Assembly and of a Church Session. No. VI. — ."^n examination of the terms of the rule relating to a quorum of Presbytery. An examination of Dr. Breckinridge's reasons for asserting that the terms of the rule re- quire one or more ciders at every meeting of Presbytery. No. VII. — Certain considerations which would have rendered it inexpedient to make the pre- sence of Ruling Elders essential to a quorum of Presbytery, at the time the constitu- tion was adopted. .? Postscript, giving the very words of the Acts, passed by the General Assembly of 1638, annulling the six preceding Assemblies, so far as these acts refer to Ruling Elders. No. VIII. — Error of Dr. Breckinridge in assigning the reasons for annuliingy the Plan of Union, and for the exscinding of four Synods by our General Assembly of 18.37. These acts have no bearing upon the decision of the quorum question. No. IX. — Answer to two ol'jcctions to the argument, in favour of the decision of the Assembly of 1843, derived from the uniform practice of our oldest Presbyteries. No. X. — A sunmiary of the arguments in favour of the decision of the last Assembly, and al- so a summary of the jirincipal objections to that decision. No. XI. — An examination of the first reason assigned by Dr. Breckinridge in favour of set- ting aside the decision of the last Assembly respecting the imposition of hands in the ordination of ministers, viz : That by the Constitution the power to ordain ministers of the word is lodged in the Presbytery, and that the Presl ytery consists of minis- ters and Ruling Elders. This reason is shown to be of no force, by an examination of the language of our own Form of Government, and by a comparison of this lan- guage with similar expressions in the Westminster Form of Government and ii» Pardovan's collections. Import of the terms, Presbytery, ministers, and members, as used in the directory for ordination. No. XII. — An examination of Dr. Breckinridge's position that the power to impose hands is a joint Tpower , In what sense this is true, and in its true sense shown to constitute no objection to the Assembly's decision. This view confirmed by quotations from the Westminster Form of Government — the Jus Divinum Ministerii Evangelici, the Jus Divinum Regiminis Ecclesiastici. The source of ministerial power. Ruling El- ders properly the representatives of the people. In the exercise of their joint power, the ministers and ruling elders have equal right to deliberate and to vote, but in other respects there is not a perfect equality. This view of the subject is the only one which gives a consistent construction to our constitution. Ordination of Ruling Elders. No. XIII. — Remarks of Dr. Breckinridge on the texts of scripture cited in our Form of Gov- ernment, chap. X., chap, xi., chap, xv., shewn to be erroneous. The uniform practice in our own Church until within a few years. — Letter on this subject from the Rev. Dr. Green. The discontinuance of ordinations by committees no evidence that it was the design of the framers of our Constitution to allow Ruling Elders to lake jiart in the imposition of hands. The testimony furnished by the Confessions, Directories and Practice of other (Churches. French Churcli, Helvetic Church and Helvetic Con- fession ; the Dutch Church, and Directory of the Synod of Dort. Bohemian and Po- lish Churches. 'J'he Kirk of Scotland and the First and Second Books of Discipline. Calderwood — .Andrew Melville — Herrderson — Rutlierford — Guthrie. Westminster Form of Government. 'l\:stimony of President Davies. Conclusion. i '^ATE DUF=" \ ^w w^ ^ ' y^^; ^y^rJ?>«:y^: tixVS3K a l it liS t ilB -* ' '"V