question. To ascertain how the fact stands, we have examined the roll of attendance at the large meeting last October, and the following is the result Of ministers ordained prior to Dr Balmer's appointment to the chair of Systematic Theology there attended 130. Of members ordained since, 68.

6. Dr Marshall says the committee ended in smoke. The com.. mittee instead of ending in smoke, ended in thanksgiving for the amicable termination of the business;-the senior member leading the devotions, and Dr Marshall joining in the exercise, with the professors and committee.

Reports of the United Associate and Free Church Presbyteries of Dundee in the case of Mr Spence.

WE refer to our last number for an account of the first proceedings in this case, which appeared among our articles of intelligence last month, and shall take up the narrative where we then left it, subjoining some remarks suggested by it.

The Free Church presbytery met on the 19th June, when Mr Spence's case was again resumed, and their minute, after mentioning the decision of the Secession presbytery, and Mr Spence's declinature of its authority, bears,

"It was moved and unanimously agreed to, that while the presbytery find it would be quite warrantable to proceed forthwith to the admission of Mr Spence as a minister of this church, yet desirous to avoid even the appearance of disrespect to the authority and discipline of the United Secession Church, this presbytery resolve to delay his admission till next ordinary meeting in July; and, in the meantime, appoint Messrs Walker, Roxburgh, and Ewing a committee, to meet with the presbytery, or with a committee of the presbytery of the United Secession, for the purpose of mutual explanation, and in order, if possible, to maintain and perpetuate a good understanding between the two churches."

The next meeting of the Secession presbytery was held on the 2d July. The Committee appointed at the previous meeting gave in a report in the following terms :

"The committee find that Mr Spence had left his congregation, after preaching his farewell sermon on the afternoon of the first Sabbath of June, without giving them or the presbytery any previous notice of his intention: That ten days after he had thus abandoned his congregation, he came to the presbytery to tender his demission; but there are strong grounds to believe he would have made no such application, had not the presbytery of the Free Church, to which he applied for admission, deferred further proceedings, in the case, until Mr Spence shall have demitted his present charge into the hands of the United Secession presbytery: That he had misrepresented and calumniated the principles of the Secession Church without specifying or substantiating the charges: And that he charges the Synod with the prevalence of heresy among them for some time past'-with the departure of some, without censure, from that form of sound words, once most surely believed among us'-' that our church is falling from its principles that he has no hope of seeing a majority in favour of sound Calvinistic doctrine- and with the reluctance on the part of the church courts to deal impartially and faithfully with men who favour erroneous sentiments.' And

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1. The committee farther find that these charges were made when the parties accused could neither refute them nor defend themselves.

"2. That these charges were made in such circumstances as were calculated to disturb the peace, and alienate the affections, of his congregation from the Secession Church.

3. That these charges were published in the very act, so far as he was concerned, of his eaving our church, and shrinking from all the responsibility which they involved.

4. That these charges are vague, unsubstantiated, and not even specified; for, while prevalence of heresy, tolerance of error, and the departure of some without censure from the form of sound words, once most surely believed among us, are distinctly and repeatedly made, yet there is no specific statement of the errors complained of, or of the persons so charged.

5. That Mr Spence has never entered his dissent or protest on the records of presbytery or Synod, against any of their decisions in matters of doctrine, and therefore must be held as virtually approving of, and going along with, the findings of the Synod in their contendings for the truth; nor did he ever publicly prefer any charges against the Secession until, in the absence of his brethren, he proclaimed them before his congregation, to the world, and the presbytery of another church.

6. That the charges themselves are foul and calumnious, and decidedly disproved by the Synod's condemnations of errors in May 1842, and minutes of meeting 1844.

7. That among his reasons for preferring the Free Church, he gives the following, -1st, Because that church professes the principles of presbyterian church government, which at his ordination, he believed and declared to be in accordance with the word of God.' 2d, Because that church maintains the great truths of the Redeemer's headship, and the spiritual independence of his house." The committee regard these reasons as calculated to mislead, inasmuch as they tacitly imply that the Secession Church does not hold these important principles,-principles which have always been held by her as firmly as by any church on the face of the earth.

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8. In his paper of demission, he states what is contrary to fact, that our efforts, in extending the gospel, are sadly superseded with discordant warfare,' inasmuch as the Synod is at present prosecuting this object with greater vigour, and adopting more comprehensive measures than at any other former period for this purpose.

9. That the committee are painfully impressed with the habitual disingenuousness of Mr Spence's conduct in the whole of this matter, in having avowedly resolved many months ago to leave the Secession Church, while his whole public conduct up to the period of his departure, would have indicated an intention the very opposite.

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10. That the committee are of opinion that it was dishonest in him never for once during these many months, to testify either before one court or another against the alleged sin of the body; yet they think the plea that his decision became final only about the time that he opened and read the elder's letter that was confided to his care, instead of being an excuse, is a high aggravation of the dishonesty."

"11. That in his protest and declinature he states, that the Presbytery refuse to accept of the demission of his charge though tendered through the moderator and laid on their table, assigning no other reason than a point of order;' and that before the Free Church presbytery, at their meeting on the 19th of June, he also states, that on the ground of an alleged breach of presbyterian order, in applying for admission to the Free Church, the presbytery had come to the resolution of suspending him.' This is not the truth: for the chief grounds of the presbytery's proceedings were the above and in minutes of last meeting.

"12. That Mr Spence avows in his paper read to the congregation, that no man may say the change is on his part.' The committee are surprised to find him thus averring, that no change has taken place in his mind in applying to the Free Church for admission, when the following declaration of his sentiments since the disruption is on record, dissenters,' said he in a late speech, dissenters had been too long content with mere toleration. He maintained that no human government had any right to interfere with those great spiritual duties which every man owed to the Prince of the Kings of the Earth; and that all attempts to do so were violations of the rights of conscience and the supreme authority of Heaven. The acknowledgment of Christ's headship, and consequently of the spirituality of his Church, had led to the breaking up, within the last twenty-four hours, of one great ecclesiastical establishment. He hailed this event as a grand practical result of the discussion of voluntary church principles-as a proof of the incompatibility of national church establishments with the word of God and the rights of the christian people.'

"For these reasons, and those stated in the minutes of the former meeting of presbytery, especially for the ungracious-we had almost said unchristian-manner in which Mr Spence left his congregation, as sheep scattered without a shepherd-for his disrespect to the presbytery and disorderly conduct-for foully and calumniously charging the Synod with tolerating error and falling from its principles-for his declinature of the authority of the presbytery-and for the irregular and dishonest manner in which he has acted in the whole of this matter-the committee are of opinion that Mr Spence has forfeited the privileges of our church, and ought to be declared no longer a minister or member in our connexion.”

This report had been approved of when it was announced that the

Free Church committee were in attendance. Having been introduced, after an interchange of courtesies,

"The Reverend Mr Roxburgh spoke at some length on the subject of their visit. He returned thanks for the christian spirit in which the deputation had been received, observing, that any statement he could make in behalf of the Free Church presbytery had in a manner been superseded by the proceedings of the associate presbytery. The circumstances of the case were already familiar to all. He conceived that the manner in which Mr Spence's application for admission into the Free Church had been entertained by that presbytery was not calculated to hurt the cordiality that existed between the two bodies. On the very first day the case was not entertained in such a way as to construe or homologate the charge of heresy against the associate body-a charge which should never have been brought forward in the application at all. The Free Church presbytery at the same time held that they were not disregarding the rules and regulations of the Associate body by entertaining Mr Spence's application, inasmuch as there was no regular formula laid down. Mr Spence again appeared before them after his suspension, but the Free Church presbytery had by that time been so far committed that it would have been cruelty towards Mr Spence to have disregarded his case. Besides, at the last meeting of their Presbytery, Mr Spence had declared his deep regret at any irregularity or want of courtesy towards the Associate body, and of having brought forward a charge of heresy against them before a body who had nothing to do with it. The Free presbytery had acted in Mr Spence's case from no disregard to the Associate body, for they felt desirous to go hand in hand with them in advancing the great work of the Lord throughout the world. It was not their wish to tie up the hands of the Associate presbytery, neither would they wish their own hands tied up, in adopting any course they might consider necessary on the subject. Their two courts were independent of each other, and any interference on either side was out of the question-so that each should be left to pursue whatever course they considered best. He looked upon the two bodies as two hosts, the Lord's army contending under the same banner and for the advancement of the same great interests."

Immediately on delivering this speech, and without sitting down, Mr Roxburgh and his brethren left the court. With this sudden movement the presbytery were, we believe, taken in some measure by surprise. The moderator, however, before they left, asked if they wished no explanations, or if they would hear the minutes, but this they declined, saying, that a copy of them might be sent to the clerk. When the deputation had withdrawn, the presbytery resumed the proceedings in the case, and a motion was agreed to, to the effect that—

"Inasmuch as Mr Spence is guilty of the offences specified in the report, and had renounced the authority of this court, and in particular had published calumnious and injurious charges against the Associate body, the presbytery express their strong disapprobation of his conduct, continue his suspension, and hereby declare that Mr Spence is no longer a minister or a member of the United Secession Church."

The Presbytery further directed an extract of the proceedings in reference to the case, to be transmitted to the presbytery of the Free Church for their guidance.

The Free Church presbytery met on the following day, when the minute of the Secession presbytery was read, and after some explana-. tion from Mr Spence, the following resolutions were adopted :

1st, That this presbytery, in favourably entertaining Mr Spence's application to be admitted a minister of the Free Church of Scotland, disclaim all intention of countenancing or homologating the charge of heresy against the United Secession Church contained in that application; and proceeded solely on Mr Spence's expressed preference for the Free Church, and on the high opinion which the members of this court have of his personal and ministerial character.

"2d, That in consequence of the steps already taken by this presbytery in reference to Mr Spence's application, Mr Spence stands in a position before this court which entitles him, in justice and equity, to claim either that we shall proceed to admit him or assign satisfactory reasons for delay or rejection, grounded on circumstances that have emerged since his application was made.

"3d, That the proceedings of the United Secession presbytery in Mr Spence's case are confessedly not grounded on any circumstances not known to this court at the meeting

when the resolution of admitting Mr Spence was come to, nor do they affect his personal character, or doctrinal soundness.

4th, That this presbytery accordingly, without pretending to justify every step in the manner of Mr Spence's procedure, and disclaiming any feeling of disrespect for the anthority and discipline of the United Secession Church, yet, judging of the matter with a view to the regulation of its own conduct, sees no ground for further delay in admitting him ; and as he has now left the communion of the Secession Church, and has, by the presbytery of that church, been loosed from his charge, and declared to be no longer a minister or member of their communion,-and farther, has expressed his regret for any alleged neglect of ecclesiastical order, or of courtesy towards the body from which he has seceded, this presbytery do now receive and admit him to be a minister of the Free Church of Scotland, eligible to any vacant charge within the same, and recommend him for employment in the office of the ministry by the presbyteries and kirk sessions thereof,"

Having now laid before our readers an abstract of the proceedings in this case, we consider it proper to make some observations on it. In itself the case is not of any very great importance, but it has been the occasion of a kind of collision between the two presbyteries, the one disregarding the judicial proceedings of the other, and treating its suspension as "amounting to nothing," and it has thus acquired an interest which it would not otherwise possess, and suggests matter for reflection as to the principles which ought to regulate two independent presbyterian churches, who regard each other as sister churches, and mutually profess a desire for friendly co-operation, in reference to the discipline of their members, and their passage from the one communion to the other.

In regard to Mr Spence personally, we believe he complains of the severity of his late presbytery's treatment of him, and would represent himself as undergoing a species of persecution, merely because he has left the one church and applied for admission into the other. It is not, we believe, necessary for us to attempt any vindication of the presbytery's proceedings. Mr Spence's conduct has been very offensive. Without a whisper of his intentions to any of his brethren, and in contempt of all order, he demitted his charge to his congregation, and summarily took his leave of them, intimating that he meant to apply for admission into the Free Church. Without any communication to the presbytery, to which he had vowed subjection, and while yet retaining the status of a minister of the Secession, he applied for admission into another communion, and only came to his own presbytery when the body to which he had applied pointed out this as a necessary formality; and when taken to task for his conduct in the whole matter, he refused to make any acknowledgments, and disowned their authority.

But this is not all. The breach of order is the smallest part of the blame which attaches to him. He is chargeable with having grossly calumniated the ministers and church courts of the Secession, alleging the prevalence of error amongst them as the ground of his leaving,-that

he has no hope of seeing a majority in favour of sound Calvinistic doctrine," -charging them with allowing "the departure of some, without censure, from the form of sound words once most surely believed among us," and with not " dealing impartially and faithfully with men who favour erroneous sentiments." And when, and to whom did he make such statements and charges? Not until he had made up his mind to leave the body, and from his pulpit to the congregation over whom he

was ordained, and in his application to the church he was desirous to join! Now, had Mr Spence endeavoured previously to rouse the Secession to a sense of her degeneracy, by libelling the alleged heretics before the proper judicatories;-had he been found contending for the "form of sound words once most believed," and protesting against the tolerance of error, and the partial and unfaithful dealing of which he complains; and having failed in all constitutional attempts to reform these alleged abuses, had he then testified against them, and left the church for conscience sake, we would have been the last to pronounce him censurable, however much we might differ from him as to the foundation for his complaints. But when, during the whole time the controversy, to which we presume he refers, has continued, neither publicly nor privately was his voice ever heard in defence of what he supposed to be truth, or in opposition to what he deemed to be error; when no record is to be found of any dissent, overture, or remonstrance made by him against any sentence, or proceeding, or failure in duty of either presbytery, or Synod,-it is not to be wondered at if his denunciations, made now, in the act of leaving the Secession, should be regarded as gratuitous and evil-minded aspersion. There are other parts of Mr Spence's conduct on which we might animadvert, such as his sudden change of opinion in reference to the voluntary principle, his conduct in regard to the letter from the Board for aiding weak congregations, and others, but we forbear.

As to the Free Church presbytery we are sorry to say that, in their proceedings in the matter, we see several things of which we must disapprove; and while we would exonerate them from intentional disrespect and discourtesy towards our presbytery, they have unfortunately so managed matters as to lead to the supposition that they hold the authority and discipline of our church very cheap.

The first and most important error (from its being the cause of others), which, in our apprehension, they committed, was in entertaining Mr Spence's application at all, until he had regularly demitted his charge to the Secession presbytery, and obtained from it a presbyterial certificate. The first thing they should have said to Mr Spence was, we cannot take up your petition so long as you continue to hold your present charge, and remain a minister of the Secession; go to your presbytery; resign to it your charge; obtain from it a regular dismissal, and then come to us if so disposed. From the want of this preliminary, which we understood the Free Church had prescribed in the case of applications from ministers of sister churches, and which we think good feeling towards them requires, we can trace all the difficulties in which they subsequently felt themselves placed, in being shut up either to disregard the discipline of the Secession, or to do what appeared to them would be injustice towards Mr Spence.

We would not say that, in every case, the want of a presbyterial certificate should prevent the reception of an application. If a petitioner for admission is able to state that he has tendered his demission, and applied for a certificate,-in short, that he has done all that he could, and that, for some frivolous reason, it may be, the certificate has been refused, we think a presbytery is entitled to take up the case notwithstanding, and to proceed in it as they see proper, taking care always