3 APRIL 1841, Page 14

JURISDICTION.

SOME advocates of the claims advanced by the majority in the Ge- neral Assembly of the Kirk of Scotland think they have esta- blished their case when they say that the State has attributed " spiritual jurisdiction " exclusively to the Civil Courts, in the same manner that it has attributed " maritime jurisdiction " to the Ad- miralty Courts, jurisdiction in cases of marriage, &c. to Doctors Commons, and so on. The parallel does not hold good. These Courts claim only to declare what is law, not to make it : but the Kirk of Scotland claims legislative authority as well as jurisdiction. The Legislature can enact that judicatures be appointed, but it. cannot strip itself of its legislative functions.