The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-06-02 00:00:00

LAW INTELLIGENCE.

, (From the Oxford Herald.)
NICE-CHANCELLORS' CcIIURT, §ATURDAY,

REV. T. MACMULLEN V. REG, PROF. OF DIVINITY,

VICE-CHANCELLOR'S COURT, FRIDAY
(Before Dr. KEN YON, Assessor.)

MACAfULLEN V. HAMPDEN

The Rev. H. Cary appeared as Proctor for the plaintiff,
and the Rev. J. W. Hughes as Proctor for the defendant.
Damages were laid at £5. .
On the defendant being called on to put in his appear-
ance, Mr. Hughes raised. some objections to the form
of citation, which were overruled by the assessor.

The Rev. Charles Marriott, Fellow of Oriel College, then
entered into stipulation for the payment of the costs to the
amount of £50., on behalf of the plaintiff; and the Rev.
William Haward Cox, Vice• Principal of St. Mary Hall, the
same on behalf of the defendant.

The Rev. H. Cary then put in the libel, and the case was
adjourned till the next Court day. (Friday, June 2.)

THE SCOTCH CHURCH

GENERAL ASSEMBLY.

On Saturday, the committee appointed to enquire as to the
status of ministers and elders of chapels of ease, &c., gave in
their report. It reccommends the immediate recognition of
elders of quoad sacra parishes as elders of the church, and
in present circumstances, the prospect of some final arrange-
ment of the subject by the legislature being immediate,
structs presbyteries to make arrangements, in the mean time,
for the due exercise of discipline in such churches orchapels.
The report was unanimously approved of. . •
It was also moved, and unanimously agreed to, that in all
cases in which the procedure of the church courts had been
interdicted, in respect that their deliverances were, vitiated
by the votes of quoad sacra ministers, instructions should be
given to the various presbyteries now to proceed as they
thought bestfor edification, in accordance with the previous
laws and practice of the church. The most unfair and untrue
allegation, that the civil courts were endeavouring to Ahelter
the delinquents, was solemnly, repudiated. Now that the
process can be followed out in competent form, the church
will prove her zeal to maintain the purity of her membership.
A committee was then appointed to superinted arrange-
ments for the interim supply of vacant parishes, and reorga-
nising presbyteries that are left without a quorum. Sub-
committees for carrying these arrangements into effect are
appointed to sit in all the principal towns throughout Scotland.
The act-of the last assembly, repealing the act of 1799 re-
garding the admission of ministers of other churches to the
pulpits of the, establishment, was rescinded on the motion
of Dr. Cook, and a committee appoiuted to take the whole
subject into their consideration and report. • An overture for
the revision of the eldership throughout the church was also
agreed to.

On Monday, Dr. Cook, adverting to a conversation which
took place in the House of Lords on Friday last, in the
course of which Lord Aberdeen intimated his intentioncof
introducing a measure for the settlement of quoad sacra
ministers, stated that the bill in question referred only to
the admission and settlement of ministers; but that govern
ment would be ready forthwith to introduce a separate
measure in reference to the position of quoad sacra ministers,
in accordance with their declared intention.

The report of the Committee on Public Accounts was read,
and a committee appointed for the purpose of raising funds
to liquidate a debt of about £7OO, which it exhibited.

Ti;e draft of an answer to the protest of the seceding clergy-
men was read, and, after some discussion, handed over to a
committee to report to the meeting of Commission in
August.

The evening sederunt of Monday was chiefly occupied in
the disposal of special cases, for which we must refer to our
report; after which the assembly was dissolved in the usual
form by the commissioner.

The commission met on Tuesday, and after disposing of
a few cases which had been left over from the assembly,
adjourned to August.

ASSEMBLY OF THE SECEDERS

On Saturday the report of the committee on the system to
be adopted for conducting the secular affairs of the church
was approved of. It recommends that the administration
should be divided into five separate branches, each having a
distinct agency. The first branch to superintend the in-
gathering of the general fund; the second to consist of a
Board of trustees, in whom the funds realized might be vested
for behoof of the church ; the third to undertake the admi-
nistration and distribution of the annually accruing fund ; the
fourth to manage the secular affairs of particular congrega-
tions, which management it is proposed to place in the hands
of deacons, elected by the congregations. The fifth branch
of administration is to be intrusted to a separate committee,
whose duties shall consist in revising and checking the ac-
counts of the several committees and of the treasurer, and
generally of seeing that the whole management of the funds
shall be conducted in accordance with the regulations agreed
to by the Assembly.

On MOnday, Dr. Cunningham brought forward the report
on the election, of office-bearers. It recommends that the
election of ministers should be made by the male communi-
cants from a leet selected by the kirk session, the whole to
be under the superintendence of the Presbytery, who reserve
to themselves the power of judging of the qualities and quali-
fications of office-bearers. The report was approved of, and
the committee re-appointed.
After hearing and approving of the report of the Law Com-
mittee, Dr. Chalmers brought forward the financial report,
in a speech of great length, in the course of which he stated
that the sum already subscribed amounted to £232,000.
On Tuesday Mr. Wood gave in the report relative to the
debt of the Church, incurred by litigation, the total of which
amounted to £5,440. It was proposed by Mr. Henry Dun-
lop that the eldership should be burdened with the liquidation
of this debt, which was agreed to by acclamation.'
On Wednesday, after the transaction of some rather
unimportant business, the assembly adopted an interim con-
stitution, and adjourned for six months.
The above is an outline of the business transacted. But
throughout their proceedings, the new secession bas been
cheered by various incidents of a character to encourage
them in perseverence in their present course. The most
remarkable of these is the adhesion of the Marquis of Breadal-
bane, which was formally notified on Thursday. Among the
other adherents who have declared themselves since our last,
we may particularly notice Mr. Ewing of Levenside, who
accompanied his adhesion with a subscription for £2,000;
Mr. Gilmour of Oatlands, who has subscribed £lOO per
annum for five years, and has offered to grant a site upon
his property for the erection of a church ; and Dr. Burns of
Paisley, whose adhesion is remarkable on account of its
apparent inconsistency with his previously expressed views.
The total number of ministers adhering is now officially
stated to amount to 444, of whom 398 have actually signed
the deed of demission.

The following from Sir George Sinclair, Bart., was read
in the Convocation Assembly on Monday,—" Thurso Castle,
May 26, 1813.—Dear Sir,—As the awful calamity has taken
pace which 1 used my utmost efforts to prevent, I trust it
will be ultimately overruled for the glory of GOD and the
good of His cause, although the event is, to all human ap-
pearance, ❑ot joyous, but grievous. Whilst I retain my
opinion that there is no adequate ground for the step which
many of our best and most devoted ministers have deemed
it their duty to adopt in leaving the church of their fatherS,
I shall not throw any impediment in the way of the seceding
parishioners of Halkirk, who wish to erect a place of worship
for their own accommodation and that of their families; and
any of my tenants in the parish who may be willing to appro-
piate a piece of uncultivated ground for that purpose have
my full sanction to do so, and shall have any necessary con-
firmation of my promise to give no hindrance either now or
at any future period. I remain, with best wishes to your-
self and the parishioners, very faithfully yours, G. SiNCLAIR.
To Mr. A. Munroe, preacher of the Gospel, Halkirk."

SINGULAR ACCIDENT—TWO HORSES STRANGLED."...
A very singular accident happened at the stables of Mr.
Rickets, of Stockwell Farm, near Birdlip, a few nights since.
On the carter going into his stables in the morning, he found
two valbable horses lying quite dead side by side. On ex-
amination, it was discovered °that both the horses had been
strangled in one halter; that the one horse must have put
his head under the rein of the other, become entangled, and
in his struggles to liberate himself, forced the other horse
back, and both were thus strangled.—Glocester Journal.
A DOG KILLED BY A RAT.—On Tuesday last, Mr.
William Moore, at Colne-bridge, caught two large rats in a
trap, and took them to Mr. France, a neighboudirw publican',
who keeps a rat dog for the destruction of such vermin.
When one of them was let into a room the dog made a
"grab" at it, but missed his mark, and the rat turning
round, bit the dog on the tongue, which immediately swelled
to a great extent, and the dog died almost directly ! Our
Colne correspondent adds—" This is an actual fact ! and can
be verified ! and I think it will rank among the marvelloui
things which happen in Yorkshire." We think so too.—J-
Ilalifax Guardian. • •

The arrangements for the ensuing Birmingham Musical
Festival, which will take place in September next, have been
conducted with a spirit that cannot fail in continuing this
great meeting in the foremost rank of musical attractions;
kVe are much pleased to find that the managers are about td
dispense with foreign aid for the morning sacred perfor,
mances, reserving it for the more appropriate place in the
Concert Room in the evenings, and that Mitish talent of
the highest class has consequently been put in requisition,
to give effect to the sublimity of the oratorios. The choir is
now in full practice, and the choruses bid fair to be sung with
a power, and at the same time a finish, never yet surpassed
The lovers of good music may therefore look forward to a
treat seldom placed within their reach. •

NEW TARIFF. REDUCTION OF THE DUTY ON THE
IMPORT OF LEATIIF.R.—We are induced to notice this sub-!
ject from the groundless alarm with which this measure of
Sir Robert Peel's was received. It is now generally admitted
that, as regards the principal article of consumption, sole
leather. the new duty is sufficiently protective. On the other
hand, we are happy to observe symptons of an export demand
for this important manufacture. We hear of some large sales
having been made for export, with a prospect of a speedy
repetition : it is understood that the destination is China.!
Should this newly-acquired opening, with her 300 millions
take a part of her supply from this country, there is no cal-,
minting the extent of demand it may occasion, and the bene,
fit that may be thereby reaped by the British manufacturer.!,

SEIZURE OF COLLEGE PLATE FOR POOR-RATES .AT 0.X.!
FORD.-At the recent Oxford City Session, an appeal was
heard against the poor-rate of St. Michael's parish, on the
ground that the Colleges of Exeter and Jesus (the whole of
the Site being in that parish) were not fairly rated. After
hearing evidence as to the rateable value, the court ordered
the rate to be amended, by increasing Exeter College front
£3 15s. to £23 2s. per rate, and Jesus College from £1 lsi
to £l9 Bs. 6d. Upon the parish officers demanding the rate,
both colleges refused paying, whereupon distress warrant!
were granted, and three dozen of silver forks were seized
from the former college, and three silver tankards from the
latter. Exeter immediately redeemed theirs by paying cash ;
and Jesus College did the same on Saturday. It is expected
that actions will be at once commenced against the parish
officers for an illegal seizure, as the colleges claim exemption
from poor-rates for the greatest part of the buildings.

ThiS case, which has excited intense interest in the Uni-
versity, and in which as our report will show, the prelimi-
nary steps only were taken yesterday, arises out of the fol-
lowing circumstances. • •
Every candidate for the degree of 8.1/. is required to read
exercises on two theses, the subjects of which it has been
customary for the Professor to assign. Mr. Macmullen is
well known as a warm adherent of the Tractarian school of
Divinity, and Dr. Hampden, appointed him the following
subjects for discussion, with a view, no doubt, of ascertaining
his exact opinions on the cardinal points of the controversy.

Ist. The Church of England does not teach, nor can it be
proved from Scripture, that anv change takes place in the
elements in consecration in the Lord's Supper.
• 2nd. It is a mode of expression calculated to give errone-
ous views. of Divine, Revelation, to speak of Scripture and
Catholic tradition as joint authorities in the matter of Chris-
tian doctrine.

These propositions it was open td Mr. Macmullen to affirm
or deny as he might think proper, but he refused to deal with
them at all, tendering instead two theses on subjects of his
own selection.

On this ground it appears that the Regius Professor has
declined acting as Moderator in the Divinity School, and in
consequence of the injury Sustained by this refusal Mr. Mac-
mullen brings his action of damages. The question at issue
is, whether or not the candidate is bound to accept the theses
propounded by the Professor, or is at liberty to choose his
own subjects.