not appear to me that that (his not having the sign-manual) is an objection which can, upon the present occasion, succeed." The case was one in which an estate was devised on condition of the devisee's changing his name.

2203. A separate department from the heraldic, and, in the opinion of many, a more useful department of the Lyon Office, is that which has reference to Genealogies. In the exercise of his duty in this department, the Lyon receives evidence of the genealogies of all applicants, quite irrespective of any claim which they may have to be descended of noble or honourable lineage, and records it for preservation in a proper register. To what extent the register of genealogies in the Lyon Office might be admitted as a probative document conclusive of the facts which it sets forth, has not been ascertained by actual decision; but there can be no doubt that, in questions both as to property and honours, it would be regarded as a most important adminicle of proof. The genealogical department of the Herald's College in London is a very important one, and it is to be regretted that the uses of the corresponding department of the Lyon Office are so little understood and appreciated by the public.

CHAPTER III.

OF THE ECCLESIASTICAL COURTS.

2204. The ecclesiastical jurisdiction of Scotland was constituted, very nearly as it now exists, by an Act of the 12th Parliament of King James VI., in the year 1592.

2205. Having been thus called into existence as a whole at one particular period of our history, and by a class of persons who attached a peculiar value to logical consistency, it is

naturally much more symmetrical than the civil jurisdiction, which has grown up gradually during many centuries.

I. THE KIRK-SESSION.

2206. The root from which the whole government of the Presbyterian Church springs is the Kirk-Session. It consists of the minister (or in case of a collegiate charge, the ministers) of the parish and the elders.

2207. The elders are elected by the session, and their numbers are regulated by the exigencies of the parish.

2208. There must be two elders at least in every kirk-session. The minister is Moderator of the session; and if there are two ministers they preside in rotation, the one who is not preses being a constituent member of the session.

2209. A minister and his ordained assistant cannot both be members of the session.

2210. The duties of the session are to superintend and promote the religious concerns of the parish, in regard both to discipline and worship. It is under the former of these heads. that the session exercises functions analogous to those of a court of morals. It takes cognisance of scandalous offences, and punishes them, when proved, by deprivation of religious privileges. The discipline of the Church was formerly of a far more positive kind; but the practice even of public rebuke has now gone entirely into disuse.

2211. The power of disposing of the ordinary church-door collections for the relief of the poor, in so far as formerly vested in the heritors and kirk-session, is transferred to the latter alone in all parishes in which it has been agreed that an assessment shall be levied. (8 and 9 Vict. c. 83, sec. 54; see Dunlop's Poor Law, p. 82.)

2212. The session-clerk is bound, under a penalty, to report annually to the Board of Supervision the application of the

collections, and the right of the heritors to examine the accounts of the kirk-session is reserved.

II. THE PRESBYTERY.

2213. The Presbytery is the court immediately superior to the kirk-session.

2214. The bounds of its jurisdiction are fixed by the General Assembly, which has the power of increasing and diminishing the number of presbyteries. The present number is eighty

two.

2215. "A presbytery," says Dr. Cook (Styles, Procedure, and Practice of the Church Courts, p. 41), "consists of the ministers of all the parishes within the bounds of the district; of the professors of divinity of any university that may be situated within the bounds, provided they be ministers; and of an elder for each of the kirk-sessions in the district."

2216. "One of the ministers is chosen to act as Moderator, and it is the general practice that the Moderator elected continues in office for six months."

2217. It belongs to the presbytery to examine candidates for the ministry, and to grant them licences to preach; to take trial of the qualifications of presentees to parishes, and to ordain them and induct them, and thereafter to see that the duties of the ministry are properly performed by them in their respective parishes. In the event of any charge involving censure, suspension, or deposition being brought against any ministers within the bounds, it is the duty of the presbytery to judge in the matter.

2218. To these functions of the presbytery is to be added that of the election of ministers, formerly exercised and now expressly confirmed to them by the Patronage Act. (37 and 38 Vict. c. 82.) By that statute, repealing 10 Anne, c. 12, and 6 and 7 Vict. c. 61, the right of private patronage of vacant churches

and parishes is abolished, and the election and appointment of ministers vested in the congregations, subject to such regulations as may be from time to time framed by the General Assembly; but reserving to the Church the right to try the qualifications of those appointed, and decide finally on their admission and settlement. The power of determining whether the right of appointment has accrued to the presbytery tanquam jure devoluto in particular cases belongs to the Civil Courts, and is not excluded by the terms of the statute. (Stewart (Paisley Case), 1878, 6 R. 178; Cassie (New Deer Case), 1878, ib. 221.) When no appointment is made within six months of a vacancy, the right of appointment accrues to the presbytery of the bounds, who may proceed to appoint a minister to the vacant charge tanquam jure devoluto.

2219. The presbytery is a court of appeal from the kirksession; and it is in use to give advice on points referred to it from that body.

2220. The functions of a presbytery as a civil court are confined to judging in the first instance in questions connected with the erection and repair of churches and manses, the excambion of glebes, and the like.

III. THE SYNOD.

2221. The provincial Synod is superior in powers and in dignity to the presbytery, and intermediate between it and the General Assembly of the Church.

2222. There are now sixteen Synods in Scotland, that of Shetland having been added to the previous number by an Act of the General Assembly in 1830.

2223. The members of all the presbyteries within its bounds are members of Synod, with the addition of two corresponding members, a minister and ruling elder from each of the contiguous Synods.

2224. The Synod usually meets twice a year: the Synod of Argyll only once.

2225. The Moderator of the Synod is always a minister.

2226. The Synod acts generally as a court of appeal from the presbytery; it being incompetent to carry any case directly to the General Assembly, except by special authority from that court, or in the event of no meeting of Synod having intervened.

IV. THE GENERAL ASSEMBLY.

2227. The General Assembly is the highest ecclesiastical court in Scotland.

2228. It consists of ministers and elders, who are sent as representatives from all the presbyteries, royal burghs, and universities. The churches in the East Indies in connection with the Church of Scotland are now also represented.

2229. The number of members sent to the Assembly by each presbytery is proportioned to the number of ministerial charges which it embraces. Presbyteries containing not more than twelve ministerial charges, which are the smallest, send two ministers and one ruling elder; whilst those having more than fifty-four send ten ministers and five ruling elders. (Fifth Act of Assembly, 1694, and 1712, c. 6.)

2230. The office of Principal, where the Principal is a clergyman, or of Professor of Divinity in a university, counts as an additional charge. The town of Edinburgh sends two members, and sixty-five other burghs send one each. Each of the four universities sends one, and the churches in India two. Additional members are occasionally added to the Assembly in consequence of the increase made to the numbers of the members of presbyteries by the erection of new churches.

2231. The Assembly meets in Edinburgh annually on the first Thursday after the 15th of May.

2232. The Commissioner, who is appointed to represent the