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SCOTLAND,
;URGH, MAY in, 18->}).
DINGS OF THAT ASSEMBLY
ST 1858 TO JUNE 185H.
/
^^^^^^^^^ ^X.^ 9h£^ ^
\
THE PRINCIPAL (^^f4*^ f^'c^Lt'c^
ACT S"^
OF THE
OF THE
CHURCH OF SCOTLAND,
CONVENED AT EDINBURGH, MAY 19, 1859.
WITH THE
ABRIDGMENT OF THE PROCEEDINGS OF THAT ASSEMBLY,
A\P OF THE
COMMISSION FROM AUGUST 1858 TO JUNE 1859.
EDINBURGH:
PRINTED BY NEILL AND COMPANY, OLD FISHMARKET.
MDCCCLIX.
CONTENTS.
Page
I. The Queen's Commission to the Earl of Mansfield, ... 3
II. Her Majesty'3 Letter to the General Assembly, . .4
III. The General Assembly's Answer to the Queen's most gracious Letter, 5
IV. The General Assembly's Address to the Queen on the termination of
the Revolt in India, and the restoration of Peace, ... 6
V. The General Assembly's Address to the Queen on Her Birthday, 7
VI. Commission of the General Assembly to certain Ministers and Ruling
Elders, for discussing affairs referred to them, ... 8
VII. Commission to some Ministers and Ruling Elders for the Reformation
of the Highlands and Islands of Scotland, and for managing Her
Majesty's Royal Bounty, ...... 17
VIII. Act for altering the day of Meeting of the Synod of Glenelg, 20
IX. Overture and Interim Act anent Besuscitating Defunct Presbyteries, 21
X. Overture and Abstract of the Acts of Assembly presently in force in
regard to the Study of Divinity, the Licensing of Students, and to
Probationers, ....... 21
XI. Overture anent the Admission of Graduates of English Universities to
the Divinity Halls in the Universities of Scotland, 30
XII. Act anent the Standing Orders, ..... 31
XIII. Act appointing Collections for the Schemes of the Church, . 40
XIV. Act appointing Collection for Extinction of Chapel Debts, . . 42
XV. Act appointing the Diet of the next General Assembly, . . 42
Report of Committee of General Assembly on Clerkships, 43
Abridgment of the Actings and Proceedings of the General As-
sembly, 49
Abridgment of the Proceedings of the Commission, 79
Committees of the General Assembly, 1859, . . 83 #
Abstract of the Public Accounts of the Church of Scotland for the
year ending 15th April 1859, ..... 95
THE
GENEEAL ASSEMBLY,
MAY XIX.— MDCGCLIX.
L
The Queen's Commission to the Earl of Mansfield.
VICTORIA, Dei gratid, Britanniarum Regina^ Fidei Defmscrr; Omnibus
prohis hominihm^ ad qitos prcesentes literce riostrce pei^enerint^ Salutem
Quandoquidem ^os considerantes, quod Generalis Ecclesice Scotice Conventm in
diem decimum nonum Mali instantis convenire ordinatus fait; Nosque mpidos
etnecessarium, esse jvdicantes^ in commodum diet. Ecclesice^ ut idem Generalis
Cmventus die statato et prcescripto conveniret j atque rebus magni momenti Nos
alio vocantibitSj dicto Conventuipei^sonaliter interesse nequimus: Nosque abunde
satisfactoB de sit^ientia et jidelitate p'cejidelis Nostn et p^cedilecti consan-
guinei^ Gulielmi Davidis, Comitis de Mansfield, Equitis antiquissimi et nobi-
lissimi ordinis Cardui, qmd ad summum munus Nostri supremi Commis-
sionarii ad diet. Generalem Conventum rite exercendum et obeundum usque-
quaque sit instructus : Noveritis igitur nominavisse^ constituisse^ et ordina-
visse^ tenoreque prcesentium nominare, constituere, et ordinare, dictum prw-
Jidelem Nostrum et prcediUctum consanguineum Gulielmum Davidem de
Mansfield, Commissionarium Nostrum supremum diet. Ecclesice Scotice Ge-
nerali Conventui ; dando illi et concedendo plenam potestatem, commissionem
et warrantum^ sacram Nostram Personam et Auctoritatem Regalem reprcB-
sentandi, et prcesentiam Nostram supplendi^ et locum Nostrum in diet, svhse-
q-uenti Generali Conventu, tanquam Commissionario Nostro pro eo proposito
specialiter constitut. tenendi j omniaque ad imperium et m/unus Commis-
sionarii Generali Caiiventui attinentia peragendi, tarn plene adeoque libere
in omni respectu quam quilibet alius in eodem summo rnunei^e fecerat^ seu quovis
tempore prceteAto facere potuerat^ et ac si Nos ipsce pei^sonaliter prcesentes
facere potue^'imus. Quceque omnia et singula, quce dictus Gulielmus David
Comes de Mansfield, in hac Nostra^ commissione prosequenda legitime fe-
cerit, seu fieri ordinaverit, Nos firmiter rati/icamus et approbamus. Insuper
omnibus diet. Cmventus et Ecclesice Pastmnbus et Presbytenis, ccetei^isque qui-
buscunque, intra diet, partem Regni Nostri Uniti Magnce Britannioe et Hiber-
nice Scotiam vocat., subditis Nostris cujuscunque gradus seu quulitatis, ut dic-
tum Gulielmum Davidem Comitem de Mansfield, tanquam supremum Com-
missionarium Nostrum^ quoad effectum et modum supra me^norat. agnoscant,
revereantur, venerentur, et audiant, mandamus et prcecipimus : Et hanc Nos-
tram commissionem d decimo nono die Maii instantis indpere, et demceps
durante svbsequen. sessione diet. Gmeralis Conventus in vigore continuare rfe-
claramus, vel usquedum a Nobis revocabitur et exonerabitur. In cujus rei
testimxmium, Sigillum Nostmm per Unionis Tractatum custodiend., et in
Scotia vice et loco Magni Sigilli eju^dem utend. ordinate prcesentibus appendi
mandavimm, apud Aulam Nostram apud Saint James's, secundo die
mensis Maii, anno Domini millesimo octingentesimo et quinquagesimo nono^
Regmque Nostri anno vigesimo secundo.
Per signaturam mmiu S. D. N. Regince sup'ascriptam.
4
THE ACTS OF THE
II.
Her Majesty's Letter to the General Assembly.
VICTORIA R.
RIGHT Reverend and Well-beloved ! We greet you well.
Impressed with the lively interest which We have ever felt for the
welfare of the Church of Scotland, We contemplate with satisfaction the
near approach of the Meeting of your Venerable Assembly.
Mindful of the wisdom and prudence which have always characterized
your proceedings, and remembering the grave consideration which measures
of the highest importance have always received at your hands, We commit
with confidence the interests of the Church to your care, and earnestly
pray that, by the blessing of God, your counsel may tend to the improve-
ment of the moral and spiritual condition of Our faithful subjects in Scot-
land.
We gladly take this opportunity of assuring you of Our continued reso-
lution to uphold the Rights and Privileges of your Established Church,
and of thanking you for your past eflPorts in the cause of the Protestant
Religion, and of your loyalty and attachment to Our Person and Autho-
rity.
Relying upon the many excellent qualities of Our right trusty and
right well-beloved cousin, William David, Earl of Mansfield, Knight of Our
most ancient and most noble Order of the Thistle, We have again made
choice of him as the Representative of Our Person in this present As-
sembly, feeling confident that his tried ability and eminent judgment will
enable him sufficiently to discharge the important duties which We have
thought fit to intrust to his care ; and that his prudence and courtesy will,
in the execution of that trust, insure your cordial acceptance and co-opera-
tion. And so We bid you heartily farewell.
Given at Our Court, at St James's, the 12th day of May 1859,
in the twenty-second year of Our reign.
By Her Majesty'^s Command.
(Signed) T. SOTHERON ESTCOURT.
To The Right Reverefnd and Wellrbeloved
The Moderator, MinisterSj and Elders
Of the General Assembly
Of the Church of Scotland.
GENERAL ASSEMBLY, 1859.
5
III.
Answer to Her Majesty's Gracious Letter to the Moderator,
Ministers, and Elders of the General Assembly of the
Church of Scotland.
May it please your Majesty ^
WE, the Ministers and Elders of the Church of Scotland, convened iiv
this General Assembly, have received with profound respect and
gratitude the Gracious Letter which Your Majesty has been pleased to
address to us, expressive of the U^ely interest a%^ys evinced by Your
Majesty in the welfare of the Church of Scotland, and t)f the satisfaction
with which Your Majesty contemplalied the approach of our present meeting.
We humbly thank Your MajeJ|p^f6r the expression of Your gracious
approval of the manner in which ourpast proceedings Jiave been conducted,
and of the consideration which measures of the highest importance have
received at our hands. We desire respectfully to assure Your Majesty of
our utmost endeavour to promote the interest of the Church committed to
our care ; and we do most fervently unite in Your Majesty's earnest
prayer, that by the blessing of God our counsels may tend to the improve-
ment of the moral condition of Your Majesty's faithful subjects in Scotland.
It is with the profoundest gratitude that We have received the assurance
of Your Majesty's continued resolution to uphold and support the Rights
and Privileges of our Church, as by law established, and of Your Majesty's
confidence in our efforts to promote the cause of the Protestant Religion^
and also in our loyalty and attachment to Your Royal Person and Au-
thority.
Fully assured of the many excellent qualities of the Right Honourable
the Earl of Mansfield, and having had experience of his ability and emi-
nent judgment, as well as of his prudence and courtesy in the discharge of
the important duties which Your Majesty has been pleased to entrust to
his care. We again most gladly receive him as the Representative of Your
Majesty's Royal Person.
We receive with deep gratitude Your Majesty's Royal Warrant for
L.2000 for the extension of the Reformed Religion in the Highlands and
Islands of Scotland ; and we shall earnestly study to apply this munificent
gift to the purposes for which it has hitherto been specially destined.
That the God and Father of our Lord and Saviour Jesus Christ may
grant unto Your Majesty a long and prosperous reign, and bestow upon
Your Majesty, the Prince Consort, the Prince of Wales, and the other
6 THE ACTS OF THE
Members of Your Royal House, all temporal and spiritual blessings, is
the earnest prayer of
May it please your Majesty,
Your Majesty's most faithful, loyal, and obedient subjects.
The Ministers and Elders of the Church of Scotland
met in this General Assembly.
Signed in our name.
In our presence.
And at our appointment, by
JOHN COOK, Moderator.
Edinburgh, May 23, 1859.
IV.
Address to Her Majesty on the termination of the Revolt in
India and the Restoration of Peace.
May it please Your Majesty ^
WE, Your Majesty's loyal and dutiful subjects, the Ministers and Elders
of the Church of Scotland, met in General Assembly, hereby beg
leave to approach the Throne to present our assurances of devoted attach-
ment to Your Majesty, not only as our rightful Sovereign, but a Sovereign
eminent for those virtues which dignify royalty and secure universal re-
spect.
We deeply deplored the treachery and barbarity of the late Revolt in
India, which occasioned, as is well known, profound grief to Your Majesty.
The war which followed was distinguished by innumerable proofs of
the bravery of Your Majesty's troops, the heroism and patient endurance
of Your faithful subjects, and, finally, the complete success which, through
the blessing of Almighty God, crowned Your Majesty's arms.
It is with unfeigned satisfaction that we tender to Your Majesty our
heartfelt congratulations on the happy issue, and our fervent hope that the
peace and order which now prevail in India may long continue under Your
Majesty's l)enignant rule.
That it may please the Father of all Mercies to lift on the British Em-
pire, in all its dependencies, the light of His Gracious Countenance, and to
GENERAL ASSEMBLY, 1869. 7
preserve the life of Your Majesty to reign long over a free, a loyal, and a
religious people, is the sincere prayer of
May it please Your Majesty,
The Ministers and Elders of the General Assembly
of the Church of Scotland.
Given at Edinburgh on the 23d day of May 1859.
In name of the Assembly,
JOHN COOK, Moderator.
Y.
Address to the Queen on Her Birthday.
May it please Tour Majesty ^
E, Your Majesty's most dutiful and loyal subjects, the Ministers and
Elders of the Church of Scotland, met in General Assembly, beg
leave to approach the Throne with our humble, but warm and affectionate
gratulations on the recurrence of the day which gave Your Majesty
birth.
We account it a special blessing to the British Empire that it has pleased
God to raise up and to preserve, in the person of Your Majesty, a Sovereign
whose public administration of Government, and whose private virtues, have
secured the continued admiration, respect, and love of Her subjects.
That Your Majesty may be long spared to receive from year to year ex-
pressions of devoted attachment to Your Majesty's person and government ;
that the children whom God has given You may adorn their exalted station,
and minister largely to Your Majesty's domestic comfort, and that of His
Royal Highness the Prince Consort, by their exhibition of all royal and
Christian graces ; and that, after a prosperous reign on earth, Your Majesty
may inherit the Kingdom that passeth not away, are the fervent prayers of
May it please Your Majesty,
The Ministers and Elders of the General Assembly
of the Church of Scotland.
Given at Edinburgh on the 24th of May 1859.
In name of the Assembly,
JOHN COOK, Moderator.
8
THE ACTS OF THE
VI.
Commission of the General Assembly to certain Ministers and
Ruling Elders, for discussing Aflfairs referred to them.
Edinburgh, May 30, 1859. Sess. ult.
THE General Assembly did, and hereby do, nominate and appoint the
Rev. Dr John Cook of St Andrews their Moderator ; and from the
Presbytery of AbertarflF, Mr Donald Maconnochie at Urquhart, Mr Malcolm
M'Intyre at Boleskine, Ministers; Adam Paterson, Esq. of Springhall,
Writer in Glasgow, Ruling Elder : — From the Presbytery of Skye, Mr John
Forbes at Sleat, Mr Alexander Macdonald at Stenscholl, Ministers ; Donald
Macleod, Esq., Kingsburgh, Snizort, Ruling Elder : — From the Presbytery
of Lewis, Mr J ohn M*Rae at Stornoway, Mr James Strachan at Barvas,
Ministers ; John Orr Ewing, Esq. of Ratho, Ruling Elder : — From the
Presbytery of Uist, Mr Henry Beatson at Barra, Mr Roderick M'Donald
at South Uist, Ministers ; Hugh Bruce, Esq., Advocate, Edinburgh, Ruling
Elder: — From the Presbytery of Lochcarron, Mr Duncan Simon M*Kenzie
at Gairloch, Mr Roderick Nicolson at Applecross, Ministers ; John A. Mac-
rae, Esq., W.S., Edinburgh, Ruling Elder : — From the Presbytery of Dor-
noch, Mr Duncan St Clair at Loth, Mr Dugald M'Kellar at Clyne, Ministers;
George Dempster, Esq. of Skibo, Ruling Elder : — From the Presbytery of
Tongue, Mr Kenneth Max^kenzie at Strathy, Mr Angus Logan at Tongue^
Ministers; John Lamont, Esq., Writer, Glasgow, Ruling Elder : — From the
Presbytery of Caithness, Mr James Murray at Reay, Dr William Lillie at
Wick, Ministers ; Dr James Robertson, Professor of Church History in the
University of Edinburgh, Ruling Elder : — From the Presbytery of Kirkwall,
Mr Oliver Scott at Holm, Mr William Beattie at Evie and Rendal, Minis-
ters; John Elder, Esq., W.S., Edinburgh, Ruling Elder: — From the Pres-
bytery of Cairston, Mr Charles Clouston at Sandwick, Dr Samuel Trail at
Harray and Birsay, Ministers; David Smith, Esq., W.S., Manager of the
North British Insurance Co., Ruling Elder: — From the Presbytery of
North Isles, Mr Thomas Scott at Shapinshay, Mr John Keillor at North
Ronaldshay, Ministers ; Robert Scarth, Esq. of Binscarth, Ruling Elder :
— From the Presbytery of Lerwick, Mr Alexander Reid Saunders at Ler-
wick, Mr James Prophet at Dunrossness, Ministers; John Ross, Esq.,
S.S.C., Edinburgh, Ruling Elder : — From the Presbytery of Burravoe, Mr
Gordon Urquhart M*Intosh at Unst, Mr James Barclay at Mid- Yell,
Ministers ; Henry Cheyne, Esq. of Tangwick, W.S., Ruling Elder : — From
the Presbytery of Olnafirth, Mr James Rose Sutherland at Northmaven,
Mr John M'Intyre at Delting, Ministers ; Isaac Bayley, Esq., S.S.C., Edin-
burgh, Ruling Elder : — From the Presbytery of Edinburgh, Dr Alexander
L. Simpson at Kirknewton, Mr Andrew Redman Bonar at Canongate, Dr
GENERAL ASSEMBLY, 1859.
9
John Hunter at Tron Church, Dr Lewis Balfour at Colinton, Dr William
Glover at Greenside Church, Mr Maxwell Nicholson at Tron Church, Mr
William Henry Gray at Lady Tester's Church, Ministers ; James Taylor,
Esq., Provost of Leith, Alexander Goodsir, Esq., Manager for the British
Linen Company, David Grant, Esq., Edinburgh, Ruling Elders : — From the
City of Edinburgh, James Macknight, Esq., W.S., Adam Mossman, Esq.,
Jeweller : — From the University of Edinburgh, Dr Robert Lee, Professor
of Biblical Criticism in the University : — From the Church in India, Mr
Robert Francis Colvin, Junior Minister at Saint Andrew's Church, Bombay^
Mr J ames Sheriff, Missionary of the Church of Scotland : — From the Pres-
bytery of Linlithgow, Dr Andrew Bell at Linlithgow, Mr Adam Duncan
Tait at Kirkliston, Mr William Learmonth at West Calder, Mr William
Walker at Mid-Calder, Ministers; William Scott, Esq., younger of Jawcraig,
Andrew Vannan, Esq., residing at Borrowstounness, Ruling Elders : —
From the Burgh of Linlithgow, Robert Hathom Johnston Stewart, Esq. of
Straiton: — From the Burgh of Queensferry, James Rose, Esq., W.S., Edin-
burgh : — From the Presbytery of Biggar, Mr Charles Hope at Lamington,
Mr John Laurie at Liberton, Ministers ; John Gillespie, Esq., W.S., Edin-
burgh, Ruling Elder: — From the Presbytery of Peebles, Mr Alexander
Macall Forrester at West Linton, Mr James Largie Blake at Stobo, Minis-
ters; William Blackwood, Esq., Banker, Peebles, Ruling Elder: — From
the Burgh of Peebles, Thomas Graham Murray, Esq., W.S., Edinburgh : —
From the Pi^esbytery of Dalkeith, Mr Thomas Gordon at Newbattle, Mr
Alexander Torrence at Glencross, Mr John G. Beveridge at Inveresk,
Ministers ; Robert Craig, Esq., Craigesk, Newbattle, Ruling Elder : —
From the Presbytery of Haddington, Mr William Lyon Riach at Pen-
caitland, Mr James M*Watt at Salton, Mr Thomas Drummond at Bolton,
Ministers ; Sir George Grant Suttie, Bart., of Balgone and Prestongrange,
Ruling Elder : — From the Burgh of Haddington, Francis Farquharson,
Esq., Builder, Haddington : — From the Burgh of North Berwick, Alexander
Ramsay, Esq., Manager of the Edinburgh Water Company: — From the
Presbytery of Dunbar, Mr John Jaffray at Dunbar, Mr Thomas Mitchell
at Oldhamstocks, Ministers ; Peter Haliburton Hume, Esq., Lawfield,
Ruling Elder: — From the Burgh of Dunbar, David Broadwood, Esq. of
Fulfordlees : — From the Presbytery of Dunse, Mr James R. Watson at
Eccles, Mr Thomas Davidson at Abbey Saint Bathans, Ministers ; Archibald
Campbell Swinton, Esq., Advocate, Professor of Civil Law in the University
of Edinburgh, Ruling Elder : — From the Presbytery of Chirnside, Mr
Robert Kirke at Hutton, Mr William Dobie at Ladykirk, Mr Thomas
Smith Goldie at Coldstream, Ministers ; David Milne Home, Esq. of Milne-
graden. Advocate, Ruling Elder : — From the Presbytery of Kelso, Mr
Manners Hamilton Graham at Nenthorn, Mr John Baird at Yetholm,
Ministers; Adam Brack Boyd, Esq. of Cherry trees. Ruling Elder: — From
the Presbytery of Jedburgh, Mr Alexander Munn Maccoll at Cavers, Mr
Joseph Yair at Eckford, Mr James Stewart at Wilton, Ministers ; John
B
10
THE ACTS OF THE
Scott Chisholm, Esq. of Stirches, Ruling Elder : — From the Burgh of Jed-
burgh, William Oliver Rutherfurd, Esq. of Edgerston : — From the Pres-
bytery of Lauder, Mr Donald Macleod at Lauder, Mr Archibald Brown at
Legerwood, Ministers ; the Right Hon. Lord Polwarth, Ruling Elder : —
From the Burgh of Lauder, Thomas Dunn, Esq., S.S.C., Edinburgh: — From
the Presbytery of Selkirk, Mr William Murray at Melrose, Mr William
McLean at Ashkirk, Mr Kenneth M. Phin at Galashiels, Ministers ; Major
Robert Baillie, residing at Eildon Hall, Ruling Elder : — From the Burgh
of Selkirk, Robert Paton, Esq., W.S. : — From the Presbytery of Annan,
Mr John Henderson Gourlie at Brydekirk, Mr Robert Menzies at Hoddam,
Ministers ; John Dalrymple Murray, Esq. of Murray thwaite. Ruling Elder: —
From the Burgh of Annan, Sir John Heron Maxwell, Bart, of Sprinkell :
— From the Presbytery of Langholm, Mr George Colville at Canobie, Mr
James Wilson Macturk at Langholm, Ministers; James Church, Esq,,
Tower of Sark, Ruling Elder : — From the Presbytery of Lochmaben, Mr
George Wight at Wamphray, Mr Robert Saunders at Tundergarth, Mr John
R. Currie at Hutton, Ministers ; Sir William Jardine, Bart, of Applegarth,
Ruling Elder : — From the Burgh of Lochmaben, David Johnstone, Esq. of
Riggheads, Writer in Dumfries : — From the Presbytery of Penpont, Mr
Henry Wallace Smith at Durrisdeer, Mr John Donaldson at Kirkconnel,
Ministers ; Dr Crawford Tait Ramage, Wallace-Hall, Ruling Elder : — From
the Burgh of Sanquhar, James Veitch, Esq. of Eliock: — From the Presby-
tery of Dumfries, Mr Andrew Gray at New Church, Dumfries, Mr John
Hope at Dunscore, Mr John Inches Dickson at Kirkbean, Mr John Mein
Austin at St Mary's, Dumfries, Ministers ; Wellwood Herries Maxwell, Esq.
of Munches, Mark Sprot Steuart, Esq. of South wick. Ruling Elders : — From
the Burgh of Dumfries, Christopher Harkness, Esq., Writer, Dumfries : —
From the Presbytery of Kirkcudbright, Dr James Maitland at Kells, Mr
George Murray at Balmaclellan, Mr Charles Baxter M'Kay, Assistant and
Successor at Borgue, Ministers ; The Right Hon. the Earl of Selkirk, Rul-
ing Elder : — From the Burgh of Kirkcudbright, Andrew Scott, Esq., W.S.,
Edinburgh : — From the Burgh of New Galloway, James Morgan, Esq., S.S.C.,
Edinburgh :— From the Presbytery of Wigtown, Mr Edward Knubley
Sloane, at Sorbie, Dr James Charles at Kirkowen, Ministers; William
Carson, writer, Wigtown, Ruling Elder : — From the Burgh of Wigtown,
Stair Hathorn Stewart, Esq. of Physgil : — From the Burgh of Whithorn,
William Spence, Esq., Secretary of the British Linen Company Bank : —
From the Presbytery of Stranraer, Mr Alexander Murdoch at Lochryan,
Mr James Dougall at Stoneykirk, Ministers ; William Murdoch, Esq., Mer-
chant, Stranraer, Ruling Elder: — From the Burgh of Stranraer, William
Black, Esq., Town-clerk of Stranraer : — From the Presbytery of Ayr, Dr
William Menzies at Maybole, Mr John M*Ewen at Kirkmichael, Mr James
Crawford at Crossbill, Mr Cornelius Giffen at Daily, Mr Thomas Underwood,
Assistant and Successor at Coy Iton, Ministers ; William Cooper, Esq. of
Failford, John Joseph Burnett, Esq. of Gadgirth, Ruling Elders : — From the
GENERAL ASSEMBLY, 1859.
11
Burgh of Ayr, Alexander Cassels, Esq., W.S., Edinburgh : — From the Pres-
bytery of Irvine, Mr Charles B. Steven at Stewarton, Mr James Sommerville
at Irvine, Mr John Campbell Jamieson at Dreghorn, Ministers ; William
Lang, Esq. of Groatholm, Ruling Elder : — From the Burgh of Irvine, Alex-
ander Longmuir Esq., Grain-Merchant in Irvine : — From the Presbytery of
Paisley, Mr John Alison at Middle Parish Paisley, Mr Robert Graham at Kil-
barchan, Mr Hugh Aird at Neilston, Ministers ; William Gibson, Esq., Oak-
shaw. Paisley, Ruling Elder : — From the Burgh of Renfrew, James Smith,
Esq. of Jordanhill : — From the Presbytery of Greenock, Mr John Kinross
at Largs, Mr Alexander Marshall at Cumbray ; Mr Robert Sellers, Esq.,
Merchant, Greenock, Ruling Elder : — From the Presbytery of Hamilton,
Mr John Johnston at OldMonkland, Mr Bryce Johnston Bell at Gartsher-
rie, Mr Robert Archibald at New Monkland, Ministers ; The Right Hon.
Lord Belhaven and Stenton of Wishaw, Ruling Elder : — From the Presby-
tery of Lanark, Mr William Smith, Assistant and Successor at Douglas, Dr
John Wylie at Carluke, Ministers ; Robert Lithgow, Esq. of Stanmore^
Ruling Elder : — From the Burgh of Lanark, David Rhind, Esq., Archi-
tect, Edinburgh : — From the Presbytery of Glasgow, Dr Alexander Hill,
Professor of Divinity in the University of Glasgow, Dr Matthew Leishman
at Govan, Dr Norman Macleod at Barony, Mr Alexander Hill at Kilsyth,
Mr James Arthur at Springburn, Mr Hugh Park at Cumbernauld, Minis-
ters; John Walker, Esq., Cotton-Spinner in Glasgow, John Morrison, Esq.,
Manufacturer, Murray's Park, Govan, Frank Baird Esq,, Merchant in Glas-
gow, Ruling Elders : — From the City of Glasgow, James Hannan, Esq.,
one of the Councillors of the Burgh : — From the University of Glasgow, The
Very Rev. Thomas Barclay, D.D., Principal of the University : — From the
Burgh of Rutherglen, Thomas Gray Buchanan, Esq. of Scotstown, Merchant,
Glasgow : — From the Presbytery of Dumbarton, Dr Andrew Sym at New
Kilpatrick, Mr William Mackintosh at Buchanan, Mr Frederick Lockhart
Robertson at Bonhill, Ministers ; William Smith, Esq. of Carbeth-Guthrie,
Ruling Elder: — From the Burgh of Dumbarton, John Maxwell, Esq.,
Lieutenant in the Army, residing in Dumbarton : — From the Presbytery of
Dunoon, Mr John Macdougall at Lochgoilhead, Mr Alexander Brown at
Rothsay, Ministers ; George Young, Esq., Writer, Glasgow, Ruling Elder :
—From the Burgh of Rothesay, JohnMuir,Esq., Foley House, Rothesay : —
From the Presbytery of Kintyre, Mr Dugald Campbell at Southend, Mr
Walter Weir at Campbeltown (2d Charge), Ministers ; Smollet Montgo-
mery Eddington, Esq. of Glencreggan, Ruling Elder . — From the Presby-
tery of Islay and Jura, Mr James Dewar at Oa, Mr James Dewar at Kil-
ehoman. Ministers ; Charles Pearson, Esq., Accountant, Edinburgh, Ruling
Elder:— From the Presbytery of Inveraray, Dr Colin Smith at Inveraray, Mr
Donald Jackson at Kilmartin, Ministers ; William A. Campbell, Esq. of
Ormsary, Ruling Elder:— From the Burgh of Inveraray, Edward Woodford,
Esq., LL.D., one of Her Majesty's Inspectors of Schools for Scotland : —
From the Presbytery of Lorn, Mr Donald MacCalman at Ardchattan, Mr
12
THE ACTS OF THE
John Sinclair atMuckairn, Ministers; Henry Moffat, Esq. S.S.C., Edinburgh,
Ruling Elder : — ^From the Presbytery of Mull, Mr Duncan Clerk at Torosay,
Mr David Stewart at Ardnamurchan, Ministers ; Donald Maclaine, Esq. of
Lochbuy, Ruling Elder : — From the Presbytery of Dunkeld, Mr Duncan
Campbell at Moulin, Mr Alexander R. Irvine at Blair Athole, Mr Robert
Leishman at Clunie, Ministers ; Archibald Butter, Esq. of Faskally, Ruling
Elder: — From the Presbytery of Weem,Mr Duncan Dewar atDull, Mr James
Armstrong at Foss, Ministers ; Patrick Keir, Esq. of Kindrogan, Ruling
Elder : — From the Presbytery of Perth, Mr Adam Milroy at Money die,
Dr Thomas Buchanan at Methven, Mr Edward Robertson at Tibbermuir,
Mr Thomas Brown at Collace, Ministers; William Peddie, Esq. of Black-
ruthven, Archibald Reid, Esq., Sheriff-Clerk for the county of Perth,
Ruling Elders : — For the Burgh of Perth, John M'Euen Gray, Esq., Iron-
monger, Perth: — From the Presbytery of Stirling, Mr William Park at
Airth, Mr George Alexander at Stirling, Mr John M*Larcn at Larbert,
Ministers; James George Morison, Esq., Touch House, Ruling Elder: —
From the Burgh of Stirling, James Reid, Esq., Wood-Merchant, Stirling :
— From the Presbytery of Auchterarder, Dr John McDonald at Comrie,
Mr Robert Young at Auchterarder, Mr William Robertson at Monzievaird
and Strowan, Ministers ; Duncan M*Whannell, Esq., Farmer at Victoria,
in Monzievaird, Ruling Elder : — From the Presbytery of Dunblane, Mr
Archibald Francis Stewart at Aberfoyle, Mr John Smeaton at Tulliallan,
Ministers; John Buchanan Hamilton, Esq. of Leny, Ruling Elder : — From
the Presbytery of Dunfermline, Dr James Fergusson at Beath^ Mr James
French at Dunfermline, Mr George Roddick at Aberdour, Ministers ; James
Kerr, Esq. of Middlebank, Dunfermline, Ruling Elder : — From the Burgh
of Culross, John Tait, Esq., Advocate, Sheriff of Kinross and Clackmannan :
— From the Burgh of Inverkeithing, Ralph Erskine Scott, Esq., xiccountant,
Edinburgh : — From the Presbytery of Kirkcaldy, Dr Matthew Bowie at
Kinghorn, Mr Andrew Johnston at Kinglassie, Mr Mark Johnston Bryden
at Kirkcaldy, Ministers; James Henderson Forrester, Esq., Kennoway,
Ruling Elder: — From the Burgh of Kirkcaldy, Henry Beveridge, Esq.,
Provost of Kirkcaldy : — From the Burgh of Burntisland, John Shand, Esq.,
W.S., Edinburgh : — From the Burgh of Dysart, Captain John Reddie
Black, of the Royal Navy, residing in Dysart : — From the Presbytery of
Cupar, Dr John Anderson at Newburgh, Mr James Cochrane at Cupar,
Mr James Macnair at Auchtermuchty, Mr David Brewster at Kilmany,
Ministers ; Colonel William Low, Cairnie Lodge, Cupar, Colonel Peter
Barclay, Edinburgh, Ruling Elders : — From the Burgh of Cupar, George
Hogarth, Esq., Banker in, and Provost of, Cupar: — From the Presbytery
of St Andrews, Mr George Dickson at Kilrenny, Mr David Rose at
Ferry-Port-on-Craig, Dr Alexander Uiquhart at Newburn, Ministers ;
Alexander Watson Wemyss, Esq. of Denbrae, William Morgan, Esq.
of Baldinny, Ruling Elders: — From the Burgh of St Andrews, Gregor
McGregor, Esq., Banker, St Andrews : — From the University of St
GENERAL ASSEMBLY, 1859.
13
Andrews, The Very Reverend John TuUoch, Principal of St Mary'
College: — From the Burgh of Pitt^nweem, Thomas Landale, Esq., S.S.C.,
Edinburgh: — From the Burgh of Crail, John Smith, Esq., Writer and
Banker in Anstruther : — From the Burgh of Anstruther-Easter, Alexander
Shank Cook, Esq., Advocate {JoinihProcurator) : — From the Burgh of
Anstruther-Wester, John Wood, Esq., Banker, Colinsburgh : — From the
Burgh of Kilrenny, Professor Alexander Ferrier Mitchell, St Mary's
College, St Andrews : — From the Presbytery of Kinross, Mr William Fer-
guson at Fossoway, Mr James Pennell at Ballingry, Ministers ; Andrew
Reddie, Esq. of Netherhall, Ruling Elder : — From the Presbytery of
Meigle, Mr John NicoU at Meigle, Mr Charles Chree at Lintrathen, Mr
John A. M*Kenzie at Kettins, Ministers; Alexander Geekie, Esq. of Bal-
dowrie. Ruling Elder : — From the Presbytery of Forfar, Mr George Loudon
at Inverarity, Mr Alexander Ross at Dunnichen, Ministers ; James Mackin-
tosh, Esq. of Lamancha, Ruling Elder : — From the Burgh of Forfar, Robert
William Anderson, Esq., Clerk of Supply, Forfar: — From the. Presbytery
of Dundee, Mr Peter Grant at Dundee, Mr John Reid at Monikie, Dr
Charles Adie at Dundee, Ministers ; Thomas Bell, Esq. of Belmont, Ruling
Elder : — From the Burgh of Dundee, John Ritchie, Esq., Merchant, Dun-
dee : — From the Presbytery of Aberbrothock, Mr John Muir at St Vigeans,
Mr George Arklay at Inverkeillor, Ministers ; Alexander Langlands, Esq.,
Brianton, Inverkeillor, Ruling Elder: — From the Burgh of Aberbrothock,
Alexander Dickson, Esq., Tenant in Peasiehill : — From the Presbytery of
Brechin, Mr David Skinner Maxwell at Melville, Mr George Gordon Milne
at Careston, Mr Andrew Halkett at Brechin, Ministers ; Patrick Arkley,
Esq. of Dunninald, Advocate, SheriflP-Substitute of Mid-Lothian, Ruling
Elder: — From the Burgh of Montrose, Robert Cooke, Esq., Merchant,
Montrose : — From the Presbytery of Fordoun, Mr William Mearns at
KinnefF, Mr James Mitchell at Garvock, Mr Robert Moir Spence at
Arbuthnott, Ministers ; Walter Cook, Esq., W.S., Edinburgh, Ruling
Elder: — From the Burgh of Inverbervie, John Cook, Esq., W.S., Edin-
burgh : — From the Presbytery of Aberdeen, Mr James Smith at Greyfriars,
Mr Thomas Dewar at South Parish, Mr John Wilson at North Parish, Dr
William Paul at Banchory-Devenick, Mr James Eraser at St Clement's,
Ministers ; George Angus, Esq., M.D., late H.E.LC.S., Asloun, Alford,
Alexander Bumess, Esq. of Mastrick, Prospect Place, Banchory-Devenick,
Ruling Elders : — From the City of Aberdeen, William Yeats, Esq. of
Auquhamey : — From Marischal College, Dr William Robinson Pirie,
Professor of Divinity in the University : — From King's College, Dr Robert
Macpherson, Professor of Divinity in the University : — From the Presby-
tery of Kincardine O'Neil, Mr Charles M'Combie at Lumphanan, Mr
George Cook at Kincardine O'Neil, Mr George Hutchieson at Banchory-
Teman, Ministers ; Francis James Cochran, Esq. of Balfour, Ruling Elder
— ^From the Presbytery of Alford, Dr Alexander Taylor at Leochel
CuBhnie^ Mr Alexander Milne at Tough, Mr James Gillan at Alford,
14
THE ACTS OF THE
Ministers ; Robert Simpson, Esq. of Cobairdy, Ruling Elder : — From the
Presbytery of Ellon, Mr James Whyte at Methlick, Mr Robert Ross at
Cruden, Ministers ; Thomas Milne, Esq,, Bank- Agent, Ellon, Ruling Elder :
—From the Presbytery of Garioch, Dr James Bisset at Bourtie, Mr James
Peter at Leslie, Mr Archibald Storie at Culsamond, Ministers ; Sir James
D. H. Elphinstone, M.P., Bart, of Logie-Elphinstone, Ruling Elder: —
From the Burgh of Kintore, Hugh Barclay, Esq., LL.D., SheriflF-Substitute
prVerthshire :— t rom the Burgh of Inverury, Alexander Macduff, Esq. of
Bonhard From the Presbytery of Deer, Mr James Welsh at New Deer,
Mr John Mitchell at St Fergus, Mr James Mitchell at Peterhead, Ministers;
John Anderson, Esq., residing at Mormond Village, Ruling Elder : — From
the Presbytery of Turriff, Mr Alexander Gordon at Forglen, Mr John Abel
at Forgue, Ministers ; James Baird, Esq. of Gartsherrie, Ruling Elder: —
From the Presbytery of Fordyce, Mr Ludovic William Grant at Boyndie,
Dr Robert Bremner at Banff, Ministers; Harry Maxwell Inglis, Esq. of
Logan Bank, W.S., Ruling Elder :^From the Burgh of CuUen, William
Arthur Peterkin, Esq., Board of Supervision, Edinburgh : — From the
Presbytery of Strathbogie, Dr William Duguid at Glass, Mr James A.
Cruickshank at Mortlach, Ministers; Dr James Bryce, late of Calcutta,
Ruling Elder: — ^From the Presbytery of Aberlour, Mr George Gray at
Rothes, Mr Alexander Murdoch at Boharm, Ministers ; John Tawse, Esq.,
Advocate, Edinburgh, Ruling Elder : — From the Presbytery of Abernethy,
Mr James Stewart at Abernethy, Mr Grigor Stuart at Kingussie, Ministers ;
Major Duncan M'Pherson, Falls of Truim, Ruling Elder : — From the
Presbytery of Elgin, Mr Francis Wylie at Elgin, Mr John Cushny at
Speymouth, Ministers ; James Hope, Esq., D.K.S., Edinburgh, Ruling
Elder : — From the Burgh of Elgin, Alexander Russell, Esq., Publisher,
Elgin : — From the Presbytery of Forres, Mr John McDonald at Dallas, Mr
James Keith at Forres, Ministers; Robert Grant, Esq. of Kincorth, Advo-
cate, Ruling Elder: — From the Burgh of Forres, Thomas Davidson, Esq.,
Bank- Agent in Forres : — From the Presbytery of Nairn, Mr Lewis Mac-
pherson at Cawdor, Mr Colin Mackenzie at Ardclach, Ministers ; Robert
Fraser, Esq., residing at Brackla, Ruling Elder : — From the Presbytery of
Inverness, Mr John Fraser at Petty, Mr James MacDonald at Daviot,
Ministers; William Simpson, Esq., Springfield, Inverness, Ruling Elder:
^From the Presbytery of Chanonry, Mr Alexander Wood at Rose-
markie, Mr Robert Williamson at Kilmuir Wester and Suddie, Ministers ;
Walter Malcolm, Esq., Writer, Edinburgh, Ruling Elder : — From the
Burgh of Fortrose, Thomas Leburn, Esq., S.S.C., Edinburgh : — From
the Presbytery of Tain, Mr Lewis Rose at Tain, Mr Alexander Mac-
lean at Croick, Ministers; Andrew Scott, Esq., Kildary, Ruling Elder:
- — From the Presbytery of Dingwall, Dr Alexander Maclean at Kil-
tearn, Mr William Sutherland at Dingwall, Ministers; John Binning,
Esq., Factor for Tulloch and Gairloch, Ruling Elder : — From the Burgh
of Dingw^iU,, John MacGregor, Esq., Heritor in Dingwall .-—And the
GENEEAL ASSEMBLY, 1859.
16
Assembly added thereto the Bev. Dr James Grant, Minister of St Mary^s,
Edinburgh, in place of the Moderator : — To be Commissionees of
this General Assembly, to the effect after mentioned ; with power to the
said Commissioners, or their quorum, which is hereby declared to be any
thirty-one of the said Commissioners, whereof twenty-one are always to be
Ministers, to meet and convene within the Assembly Hall, at Edinburgh,
the first day after the dissolution of this Assembly, at twelve of the clock
noon, and thereafter the second Wednesday of August, the third Wednesday
of November, and the first Wednesday of March, next to come, at twelve of
the clock noon, and oftener, when and where they shall think fit and con-
venient ; with power to the said Commissioners to choose their own Mo-
derator: And likewise, the General Assembly fully empower their said
Commissioners, or their quorum above mentioned, to cognosce and finally
determine, as they shall see cause, in every matter referred to, or which
shall be referred to them, by any act or order of the Assembly ; and to do
every thing contained in and conform to the instructions given, or to be
given, by the Assembly ; and to advert to the interests of the Church on
every occasion, that the Church and the present Establishment thereof do
not suffer or sustain any prejudice which they can prevent, as they will be
answerable : Provided always, that this general clause be not extended to
particular affairs or processes before Synods or Presbyteries, that are not of
universal concern to, or influence upon, the whole Church. And it is here-
by appointed that no private processes be determined, except at the four
stated diets ; and what shall be determined at one diet of the Commission,
with relation to private causes, shall be unalterable by any other diet there-
of, and shall stand and continue in force till disapproved of by the General
Assembly. And the Assembly renew the instructions given by the General
Assembly in the year One thousand seven hundred and seventeen to their
Commission, and appoint the same to stand in full force, as instructions to
the Commissioners before named, and to be observed by them on all points,
as if the same were specially here inserted : And that they inquire into the
publishing and spreading of books and pamphlets tending towards the
promoting of opinions, of whatever kind, inconsistent with our Go7ife8sim of
Faith: And that the recommenders of such books or pamphlets, or of the
errors therein contained, whether by word, writ, or print, be called before
the said Commission to answer for the same. And further, the said Com-
mission is hereby empowered to receive any references and appeals that
shall be made to them from Synods, in matters of doctrine, and ripen such
affairs for next General Assembly ; and to contribute what they can to the
suppression of vice and immorality ; and to give all needful advice and
assistance to Synods and Presbyteries, upon application to them for that
end : Likewise, to take care that the impressions of the Holy Scriptures,
the Confession of Faith, and Catechisms, and such books as are authorized
by this Church, relating to the doctrine, worship, discipline, and govern-
ment thereof be correct ; and to give directions about printing the same.
16
THE ACTS OF THE
And the CommisBioners are appointed and empowered to keep a corre-
spondence with the Committee for Reformation of the Highlands and
Islands, for suppressing Popery and Superstition, and for promoting the
knowledge of true religion, and carrying on a reformation in those parts,
and to give assistance and concurrence therein, and, if need be, to apply to
the Government for a proper remedy and speedy redress. And the said
Commissioners are hereby strictly prohibited and discharged to meddle in
any other matters than what are committed and referred to them, as above
mentioned : And in all their actings, they are to proceed according to the
acts and constitution of this Church, and to do nothing contrary thereto,
or to the prejudice of the same ; declaring, that in and for all their actings
they shall be accountable to, and censurable by, next General Assembly,
as they shall see cause. And the General Assembly appoint the said
Commissioners particularly to observe the Acts of the General Assembly,
One thousand seven hundred and twelve, and One thousand seven hundred
and nineteen, respecting the application of the public money ; which two
Acts are printed among the Acts of the Assembly, One thousand seven
hundred and sixty-one. And this Commission is to continue and endure
until another Commission be appointed ; and Members are required to at-
tend the diets of the said Commission ; and absentees therefrom are ordered
to be noticed, according to the 17 th Act of the General Assembly held in
the year One thousand seven hundred and six. And for the better secur-
ing a quorum and attendance of Members on the Commission, the General
Assembly prohibit the Presbytery of Edinburgh, or any other Presbytery
within twelve miles thereof, to meet on any of the days or weeks appointed
for the meeting of this Commission ; and such of the members of these
Presbyteries as are on the Commission are required, all of them, to give at-
tendance on the diets thereof ; and the Presbyteries at a greater distance,
who have four or more members on the Commission, are to take care that
at least two of them attend each diet of the same. And the General As-
sembly appoint their Commission, at the first meeting, to discuss as many
of the causes and questions relative to the settlement of vacant churches,
which are or shall be referred to them by the Assembly, as they can over-
take : And it is further provided. That when any Presbytery or Synod of
this Church shall decline to comply with the sentence of the Commission,
or to give the same a full execution, in that case the Commission is hereby
prohibited to execute the same, by appointing any such correspondent
meeting, as has been sometimes the practice, but shall allow the same to lie
over to the ensuing Assembly, to which such Presbyteries or Synods shall
be answerable for such their conduct, and are hereby appointed to send up
with their Commissioners their reasons for the same. And that, in passing
their sentences, and in ordering the execution of the same, they strictly
observe the 12th Act of the Assembly, One thousand seven hundred and
thirtynrix.
GENERAL ASSEMBLY, 1859.
17
YII.
Commission to some Ministers and Ruling Elders for the Refor-
mation of the Highlands and Islands of Scotland, and for
managing Her Majesty's Royal Bounty.
Edinburgh, May 30, 1859. Sess. 14.
THE General Assembly did, and hereby do, nominate and appoint the
Rev. Dr John Cook, their Moderator, all the Ministers who are
Members of the Presbytery of Edinburgh, Mr Malcolm M'Intyre, Mr Alex*
ander Macdonald, Mr John M'Rae, Mr James Strachan, Mr Roderick
McDonald, Mr Duncan Simon M'Kenzie, Mr Duncan St Clair, Mr Kenneth
Mackenzie, Dr William Lillie, Mr Oliver Scott, Dr Samuel Trail, Mr John
Keillor, Mr Adam Duncan Tait, Mr Thomas Gordon, Mr William Lyon
Riach, Mr Robert Kirke, Mr Archibald Brown, Mr Kenneth M. Phin,
Mr Robert Menzies, Mr George Colville, Mr John R. Currie, Mr Andrew
Gray, Dr James Maitland, Dr James Charles, Dr William Menzies, Mr
James Somerville, Mr Robert Graham, Mr John Kinross, Dr Norman
Macleod, Principal Barclay, Mr William Mackintosh, Mr Alexander
Brown, Mr James Dewar, Mr John Sinclair, Mr Robert Leishman, Mr
James Armstrong, Mr Thomas Brown, Dr John McDonald, Mr James
French, Mr Mark Johnston Bryden, Mr George Dickson, Principal TuUoch,
Mr John NicoU, Mr Peter Grant, Mr William Mearns, Dr William Paul,
Dr Robert Macpherson, Mr James Gillan, Mr Archibald Storie, Dr Robert
Bremner, Mr Grigor Stuart, Mr Francis Wylie, Mr James Keith, Mr Colin
Mackenzie, Mr Alexander Wood, Dr Alexander Maclean, Ministers ; Adam
Paterson, Esq., John Orr Ewing, Esq., Hugh Bruce, Esq., John A. Macrae,
Esq., Dr J^mes Robertson, John Elder, Esq., David Smith, Esq., John
Ross, Esq., Henry Cheyne, Esq., Isaac Bayley, Esq., David Grant, Esq.,
William Blackwood, Esq., Archibald Campbell Swinton,E8q., Dr Crawfurd
Tait Ramage, The" Right Hon. the Earl of Selkirk, James Morgan, Esq.,
William Spence, Esq., William Cooper, Esq., The Right Hon. Lord Bel-
haven and Stenton, Robert Lithgow, Esq., John Morrison, Esq., William
Smith, Esq., Smollet Montgomery Eddington, Esq., Charles Pearson,
Esq., Dr Edward Woodford, Donald Maclaine, Esq., James George
Morison, Esq., John Buchanan Hamilton, Esq., Colonel Peter Barclay,
Thomas Landale Esq., Alexander Shank Cook, Esq., Thomas Bell, Esq.,
Patrick Arkley, Esq., John Cook, Esq., Harry Maxwell Inglis, Esq., Dr James
Bryce, Thomas Leburn, Esq., John Binning, Esq., Ruling Elders: — To
BE A Committee of this Assembly, for the Reformation of the High-
lands and Islands of Scotland, for promoting the knowledge of true religion,
suppressing Popery and profaneness, and for managing the Royal Bounty
for these ends» according to, and in terms of, Her Majesty's grant to this
c
18
THE ACTS OF THE
Assembly : In prosecution of which purposes, the Committee are to appoint
Preachers and Catechists to go to such places as they shall find, upon due
information, to be the most proper, according to Her Majesty's design
expressed in Her warrant; and in so doing, that they have particular
regard to such parishes in South Uist, Small Isles, Glencoe, Harris, the
countries of Moidart, Glengarry, and Lochaber, and the* other parishes of
the Synods of Glenelg and Argyll, which the Committee shall find, by
reason of their vast extent, by the prevalence of Popery and ignorance,
and other unhappy circumstances, to be in the greatest distress : And
they shall take care that the persons they employ be certified, and found,
upon due trial, to be properly qualified for their respective offices; of
good abilities for the same ; of a pious life and conversation ; prudent,
of undoubted loyalty to Her Majesty, and of competent skill in the prin-
ciples of Divinity, and particularly in Popish controversies ; such Preachers
and Catechists being hereby appointed to be subject to, and under the
inspection of, the Presbyteries of the bounds to which they are sent, who
are to take care that the orders of the Committee be duly observed by them.
And the Preachers are also appointed to catechise, and both they and the
Catechists to instruct the people from house to house, and to visit the sick ;
and, in all their labours among the people to be careful to teach them the
principles and duties of the true Christian Protestant religion, and the obli-
gations they are under to duty and loyalty to Our Sovereign Lady, Queen
Victoria, and obedience to the laws : And the Committee are empowered
to give them such instructions as to their work and behaviour as they
shall judge meet ; which instructions the Preachers and Catechists are
hereby ordered to obey. The General Assembly do farther appoint the
said Committee to have a particular regard, in their proceedings, to the
regulations agreed upon by the Committee of the Assembly for managing
the Royal Bounty, on the 30th September 1730, approved by frequent
Assemblies ; and to take care that the Presbyteries and others concerned
observe the same, which they are hereby ordered to do ; particularly the
Assembly ordain the several Presbyteries to insert in their registers the
Committee^s appointments of the designations, salaries, and stations of the
several Missionaries, and to have an exact regard Ijbereto, in all the letters
they shall write about the said Missionaries, and in giving of certificates
to them ; and to direct all their letters concerning Missionaries in their
bounds, only to the Moderator of the Committee ; which letters shall be
signed, at the appointment of the Presbytery, by the Moderator or Clerk
thereof : And the Assembly discharge any payment to be made of the
salaries of the Missionaries and Catechists, except upon receipts from the
Missionaries and Catechists themselves, and upon such certificates bear-
ing that they have served for the time mentioned in the receipts, as the
said Committee shall from time to time appoint, and upon the production
of the Missionaries^ journals, and whatever other information the Com-
mittee may deem to be necessary ; and that every Catechist who receives
GENERAL ASSEMBLY, 1859.
19
a salary from the Royal Bounty, on conditiofi that the parishioners or gen-
tlemen of the district shall pay a certain sum in aid of such salary, shall
make a declaration that he has received the particular sum specified j and
that the attestation of the Presbytery shall, in like manner, bear that the
Oatechist has received the stipulated sum which the Committee make the
condition of his appointment ; that a journal of the itinerant's labours in
the ministry of the mission committed to him be written on the back of the
Presbytery's certificate, and signed by him, as the ground on which the Pres-
bytery have granted him said certificate. The General Assembly do also
empower the said Committee to apply, for the purposes above mentioned,
what may remain of the last year's Royal Bounty not disposed of, by
reason of any of the Missionaries not fulfilling the appointments laid upon
them j and that they are to keep a register of their proceedings, and like-
wise distinct books of accounts how the foresaid money is bestowed, which
shall be patent to any concerned, or who may be pleased to inspect the
same. Of the persons above named as Members of this Committee, five
are declared to be a quorum, whereof three are to be Ministers. But it is
hereby appointed, that at the quarterly meeting of the Committee in
which the scheme or establishment of Missionaries for the ensuing year is
to be approved and determined, not less than fourteen shall be a quorum,
whereof nine shall be Ministers : And the said Committee are appointed
to have their first General Meeting at Edinburgh, the first lawful day
after the adjournment of the first stated diets of the Commission of the
General Assembly ; their second meeting (which is for fixing the annual
scheme, as well as for ordinary business), upon the first lawful day after
the stated meeting of the Commission of the General Assembly in
August, with power to those members who shall then be present to
adjonm ; and their other two general meetings the first lawful days after
the stated meetings of the Commission of the General Assembly in
November and March, within the Assembly Hall, at twelve o'clock noon,
except that day shall fall to be Saturday, and then the meeting shall
be upon Monday next thereafter, at the said hour; with power to the
said Committee to adjourn themselves to such times and places as they
shall find most needful and convenient. And if there shall be no meeting
of the Commission in August, November, or March, the Committee are
appointed and empowered to hold their meetings at one o'clock of the
days on which the Commission was so appointed to meet. And they are
to keep a correspondence with the Commission of the General Assembly,
and the Society in Scotland for propagating Christian Knowledge, and
their Committee, and to take their advice and assistance ; and also to
correspond with the Synods and Presbyteries concerned. They are like-
wise instructed and empowered, as they shall see cause, to apply to the
Government, or any magistrate, for assistance and support in carrying on the
deifiign of the Commission now given to them. And the General Assembly
do^ grant fall power to the said Committee to make such regulations as to
20
THE ACTS OF THE
the administration of the foresaid Koyal Bounty, as to them may seem most
beneficial. And the said Committee are appointed to examine the accounts
of the distribution of the Royal Bounty, and to lay the same before the
Lords Commissioners of Her Majesty's Treasury, and to report their dili-
gence to the General Assembly, to whom they are to be accountable.
And it is agreed, that no person, once employed and inserted in the
scheme, shall be struck out thereof for that year, but by a quorum of at
least fourteen, whereof nine to be Ministers ; and in case any complaint
shall be made against any of those on the scheme, it shall not be deter-
mined the first ordinary meeting that the same is offered, but it shall lie
on the table till another meeting ; and, in the meantime, the person com-
plained of, and the Presbytery of the bounds wherein he officiates, shall
be acquainted with such complaint, and those concerned be required to
send to the said Committee a just account of the matter, against the next
meeting. And it is further appointed, that after the yearly scheme of
Missionaries on the Royal Bounty is settled, in the manner above directed,
and notice thereof given by letters to the Presbyteries concerned, such
Presbyteries shall send up to the said Committee their answers to these
letters, at furthest, with their Commissioners to the General Assembly, if
the same be not done sooner ; and that the Committee, at their first
meeting after the General Assembly, shall endeavour to complete the next
year's scheme themselves ; and if they cannot complete it, they shall name
a sub-committee of their number for that purpose, who are to lay their
draft thereof before a subsequent meeting, which is appointed to meet as
soon after the rising of the Assembly as possible : And empower the Com-
mittee, at their first meeting, to reject any petition for a new station, in
case they shall find sufficient objections against it: And that the said
Committee, in making up the scheme of Missionaries, &c., do not exceed
the sum in the grant.
YIII.
Act for Altering the Day of Meeting of the Synod of Glenelg.
Edinburgh, May 25, 1859. Sees 9.
THE General Assembly having heard a Petition from the Synod of Glenelg,
did, and hereby do, appoint the said Synod to meet, in all time coming,
on the third Wednesday of April, commencing on the third Wednesday of
April next.
GENERAL ASSEMBLY, 1859.
21
IX.
Overture and Interim Act anent Resuscitating Defunct
Presbyteries.
Edinburgh, May 29, 1859, Sess. 9.
WHEREAS it is desirable that some precise and definite rule should be
laid down for resuscitating Presbyteries which have become defunct
from the failure of a " quorum " on the appointed day of Meeting. The
General Assembly agree to transmit the following Overture to Presbyteries
for their consideration, and in the meantime they convert the same into an
Interim Act.
It is overtured that the General Assembly do, with the consent of a
majority of the Presbyteries of this Church, declare, enact, and ordain.
That when a Presbytery shall, from any cause, become defunct, it shall be
competent for any three or more of its members on the roll to address a
requisition to the Moderator, whom failing, to#the clerk of such Presbytery,
requesting him to call a meeting of the whole members of Presbytery, for
the special purpose of reconstituting the Court on a day specified, not less
than ten, and not more than fifteen days from the date of such requisition,
and at their usual place of meeting, by circular letters addressed to every
member on the roll of the Presbytery when it became defunct ; with which
request he shall comply j and if a quorum of members shall assemble
at the time and place specified in the said circular, it shall be compe-
tent for them to declare the Presbytery reconstituted, and to adjourn to
another day, and the Presbytery shall, by such resolution, be as effectually re-
constituted as if it had been renewed by appointment of the Synod accord-
ing to the present practice ; provided^ always that nothing herein contained
shall be held to impair, to any effect, the power of the Synod to revive a
Presbytery according to the present practice.
X.
OvERTORE and Abstract of the Acts of Assembly presently in
force, in regard to the Study of Divinity, — to the Licensing
of Students, — and to Probationers.
Edinburgh, May 28, 1859. Sess. 13.
rriHE Report of the Committee for the examination of Students was given
A in and read. The General Assembly resolved that the Abstract which
it contained, of the Acts of Assembly presently in force in regard to the
tHE ACTS OF THE
Study of Divinity, — ^Licensing of Students, &c., should be transmitted as
an Overture to Presbyteries, with a view of being embodied into an Act along
with certain suggestions for their improvement made by the Committee,
formerly transmitted by the Assembly for the consideration of the Pres-
byteries of the Church, and now inserted in the Overture.
The Overture is of the following tenor : —
Wheeeas the Acts of former Assemblies, relating to the
Preamble. ... . .
Study of Divinity, — to the Licensing of Students, — and to Pro-
bationers, are dispersed over a number of years : And whereas it is desirable
and will be convenient for the Presbyteries of the Church, as well as for
Professors and Students, to have the whole of the laws now in use on these
subjects consolidated into one Act, — the General Assembly did, and hereby
do, declare and of new enact, as follows : —
Chapter I. — ^Anent Students.
Coum of study I* That no Student shall be entered upon the roll of any
fng'tLTm^^ Divinity, unless he shall produce to the said Pro-
fessor a certificate from the Minister of the parish in which he
has his usual residence ; or, in his absence, or during a vacancy in said
1727 xii parish, from some neighbouring Minister, bearing that his character is suit-
1813, viiL able to his views; together with a Diploma of Master of Arts, or certificates
from the several Professors of Philosophy under whom he had studied, from
which it may be clearly ascertained that in some University or Universities
of Scotland he had gone through a full course of Philosophy, in some winter
sessions of College preceding that in which the certificates are produced, —
it being understood that in the absence of a diploma of Master of Arts, the
Student shall produce certificates of having attended the following classes,
— viz., Latin, Greek, Logic, Mathematics, Moral Philosophy, and Natural
Philosophy, in such order as is prescribed in the University at which he has
studied.
Preliminary Ex- 11. That prcviously to the enrolment of any Student as a
Presbytery.^ Student of Divinity, he shall lay before the Presbytery, within
1827, vii. the bounds of which he chiefly resides, all the Certificates mentioned in
Article I., and shall be examined by said Presbytery upon Literature,
1837, ix. Science, and Philosophy, — particularly upon Greek and Latin ; and also
upon his knowledge of the Christian religion, as it is exhibited in the
Catechetical Standards of the Church ; and shall produce to the Professors
of Divinity under whom his studies are to be conducted, a certificate from
the Presbytery, bearing that he has passed such examination in a satisfac^
tory manner. *
GENERAL ASSEMBLY, 1859.
23
8ix months* Ml. HI- That except in the case of Stadents not resident within i85i, vin
^^dT^^e^^ the bounds of the Church of Scotland, and especially provided
S!!^y*b3bl!r Article VII. following, a Presbytery shall not be entitled to
SxAmination. examine any Student as a candidate for enrolment as a Student
of Divinity, unless he be known to some member thereof, as having had his
chief residence within their bounds for the previous six months, or produce
a satisfactory certificate to them, from that Presbytery within whose bounds
he has so chiefly resided for a like period, immediately preceding the date
thereof.
Certificates to be -^^^ ThsX Professors of Divinity shall keep a watchful eye on
giTen by Profes- ^jjg principles and conduct of all Students under their care : and
son at the close r r ^ ^ ^
Qi each Session, at the closc of oach scssiou of his course, every Student shall 1727, xii.
take with him to the Presbytery a certificate from the Professors under
whom he has studied, of his good conduct and proficiency.
Annual Exami- V. That evorv Studcut of Diviuitv, after producing the
nation by Pres- ^.^ n i .1 t a«i 11
byteries. Certificates referred to m the preceding Article, and also a
Certificate of good moral character from his parish Minister, or during a i837, vui.
vacancy in the parish from some neighbouring Minister, shall be examined
by the Presbytery within whose bounds he chiefly resides, every year ;
and be required to produce to the Professors of Divinity, every session of
his attendance at the Hall, a certificate from the Presbytery of his having
been examined by them on the progress made by him in his studies, and
of the Presbytery's satisfaction with the same, as well as a certificate of his
good moral character from the Minister of his parish, before he can be en-
rolled.
B«us as to mode VI. That in couductiug Examinations, Presbyteries shall 1856, xiv.
of conducting _ . , ,
Sxaminatioos. obscrvo the foUowiug Regulations : (1.) That, if Presbyteries
see cause, an Examining Committee, or Examining Committees, shall be
appointed annually in each Presbytery, on the day when Members of
Assembly are elected ; the Examining Committee, or Committees, to be
open to all the Members of Presbytery.
(2.) That the Committee, or Committees, shall meet for examination of
Students, on a different day from that on which the Presbytery meets ; or,
if circumstances render that inexpedient, the Committee or Committees
shall meet not less than two hours before the Presbytery meets, in order
that the examination may not be hurriedly conducted.
(3.) That a minute of the Committee's proceedings shall .be kept, in
which every particular respecting the examination shall be stated, e.g., What
were the subjects of examination? What length of time was employed in
ihe: examination ? What were the relative numbers of questions answered
conectly, and otherwise ? &c., &c.
24 THE ACTS OF THE
(4.) That the above minate shall be given in to the Presbytery, along
with a written report from the Committee on the whole examination.
(5.) That when Presbyteries examine Students coram, they also shall
keep a separate minute of their examination. And when their examination
is posterior to that of their Committees, it shall be chiefly upon the same
subjects which formed the ground of examination by their Committees;
Students being also prepared^ when examined by the Presbytery coramn, to
be examined, agreeably to the Acts of Assembly, on the Catechetical
Standards of the Church.
(6.) That written questions shall be given to the Students, and written
answers shall be required from them, in some part of each examination,
whether by Presbyteries, or by their Committees ; and that the Committees
shall give in to the Presbyteries both the questions and the answers, along
with their minute and their report.
(7.) That the Report, and its accompanying documents, shall not be
recorded, but kept in retentis at the pleasure of the Presbytery.
(8.) That as soon as possible after the appointment of an Examining
Committee, or Examining Committees, a list of topics for examination, and
of books on which examinations shall be based, shall be annually drawn up
by the diflferent Presbyteries, or their Examining Committees, who shall
make known to the Students who are about to come before them, what
topics and books, or portions of books, are to be the subjects of examination
for the year, and shall farther report annually to the Synod what selection
of books and topics has been made.
(9.) That the above regulations shall apply, in so far as they can be ap-
plied, to all examinations of Students.
1835, XV. j^^^^^ students Yll^ That Studcuts uot resident within the bounds of the
withTn^hT* Church of Scotland, who have finished a course of Philosophy
Ch'Schof^t- ^^y^ Universities of Scotland, shall, previous to their
land. enrolment as Students of Divinity, or for any of the sessions of
their attendance at the Hall, be examined by the Presbytery within whose
bounds the University at which they have studied is situated, either at the
end of the last session of their course of Philosophy, or immediately before the
commencement of the session in Divinity for which they are to be enrolled.
1728. Tiu Divinity Curri- VITI. That the courso of attendance at the Divinity Hall
culom or Course , t -% • t* • -iii irti *
of Study. shall be completed m lour sessions, provided that the Students
attendance during three of these sessions shall have been regular ; but Stu-
1818. via. dents giving regular attendance for only two sessions shall continue to pro-
1856, xiv. secute the study of Divinity during other three sessions ; it being understood
that all Students shall be required to give at least two sessions of regular
1888, xi. attendance on the Classes of Divinity, Church History, Hebrew, and Biblical
' * Criticism, if there be a class of Biblical Criticism in the University or Uni-
versities at which they have prosecuted their Theological Course.
GENERAL ASSEMBLY, 1859.
25
AncntDisooones IX. That in each of these cases the Students shall be
in the Hau. enrolled by the Professors of Divinity during the several ses-
sions of their respective courses, and shall deliver in the Divinity Hall, i782, viu.
in the manner hereinafter provided, an Exegesis in Latin on some con- igse,'
troverted Head in Divinity j a Homily in English ; a Critical Exeb-
CISE on some portion of the Original Text of the Old Testament; an
Exebcise and Addition on some portion of the Original Text of the New
Testament j a Lecture on some large portion of Scripture ; and a Popu-
lar Sermon ; and such other Exercises as the Professors shall think proper
to prescribe. And Professors of Divinity are required, as far as they find
it practicable, to insist that every Student shall deliver his first Discourse
some time during his second session at the latest, and the remainder of his 1813, rin.
Discourses at such periods as may enable him to deliver the whole of them
before the end of January of the last session of his course.
students not to ^* That Studcuts of Divinity, before the termination of
actasPMchen. ^j^^jp courso of Thcological Study, and before being duly licensed,
shall not be employed in preaching or the public ministry of the Word ; and
all Ministers are expressly prohibited from giving countenance or encourage- 1355, xui.
ment to such a practice.
Chapter II. — ^Anent the Trials and Licensing of Students.
Students may I* That any Student shall be entitled to apply to the Pro- 1313^
cS^^u»dir- fessors for his certificates, that he may be proposed for trials for
rf^fp^u^iltt^ License, and that the preliminary steps may be taken by the
Presbytery, during the currency of the last session of his course ;
with this limitation, that if the said last session is to be claimed as a
session of regular attendance, he shall at the conclusion thereof obtain a
new certificate of his attendance during its currency, and produce the same
to the Presbytery or Synod.
Pn^oni thmt II. That whcn a Student is proposed to any Presbytery in 1732^
^^^"ic^^ order to be taken upon trials, the Presbytery shall be alone, and
^xt'orS^*^ the motion for that purpose shall lie upon the table till their next
vi^^g' ordinary meeting. In the meantime, the Presbytery shall ap-
point the Member by whom the Student has been proposed to lay before
the said meeting the certificate, or certificates, in favour of the Student,
specified in the third paragraph of the next section of this Act; to
desire him to attend the same, and to inform him, that previously to the
meeting, he ought, as far as circumstances may permit, to wait on such
Ifinisters of the Presbytery as have not formerly had an opportunity of con-
vendng with him in private*
D
26
THE ACTS OF THE
Regulations to be HI. That whcii the time appointed for considering the mo-
sideringpropoMi. tion is arrived, the Presbytery shall strictly observe the follow-
ing regulations : —
1782, viii. (1.) The Presbytery shall be alone while they are employed in discuss-
ing the several preliminaries respecting Students who are proposed for
trials.
1782, m. (2.) They shall require satisfying evidence that every Student who is
proposed for that purpose has completed the twenty-first year of his age.
(3.) No Student shall be admitted tc trial unless he produces to the
Presbytery a certificate, or certificates, from the Professor or Professors of
Divinity under whose tuition he has studied, bearing that he has prose-
cuted his studies, and delivered his discourses, in the manner prescribed by
1813, viii. this Act, and that the same have been sustained, and that his conduct, as
far as it consists with the knowledge of the said Professor or Professors,
has been in every respect suitable to his views in life. And the General
Assembly do likewise hereby enact, that the Presbytery shall record, at full
length, the said certificate, or certificates, in their minutes. And it is hereby
enacted and declared, that the Student having lodged such certificate or
certificates, shall be entitled to obtain extracts of the same if demanded.
(4.) No Presbytery shall receive any Student upon trials without being
satisfied that he is of good report ; sound in his principles ; pious, sober,
grave, and prudent in his behaviour ; of a peaceable disposition j and well
1705, xvi. affected to the happy establishment in this kingdom both in Church and
1782, viu. State. And that the Presbytery may proceed with all due caution, in a
1813, vUi. matter of such peculiar importance, they shall not agree to the motion in
behalf of the Student, unless his residence during the year preceding has
been chiefly within their bounds, or he shall produce sufficient testimonials
from the Presbytery in whose bounds his residence has chiefly been during
that term, bearing that his character is such as is described in the imme-
diately preceding sentence of this paragraph, and recommending him in
those respects to the Presbytery before whom the proposal is made, as a
proper person to be entered upon trials.
1761, vi. (5.) That before any Presbytery shall agree to take a Blind Student
upon trials, they shall first consult the General Assembly.
(6.) The Presbytery shall not agree to the motion in favour of the
Student, unless they are satisfied that he has made a competent degree of
1782, Tiu. proficiency in those several branches of knowledge which are necessary to
enable him to be a useful Preacher of the Gospel. And the General Assem-
bly ordain, that the Presbytery, in order to procure full information in this
1813, Tiii. respect, shall examine the Student strictly and privately on his knowledge
of the Greek and Latin languages, and of Philosophy and Theology.
(7.) If, after these preliminary steps have been taken, the Presbytery
shall be of opinion that the Student is duly qualified in these several parti-
culars, they shall record this opinion in their minutes, and order their
1711, X. Clerk to write letters to the several Presbyteries within the bounds of the
GENERAL ASSEMBLY, 1869.
27
Provincial Synod, two calendar months at least before the meeting of the
same, informing them of the Presbytery's intention to take the Student 1782, viu.
upon public trials j and bearing that the certificate, or certificates, in his
favour, which are required by this Act, have been regularly laid before
them. But it is hereby provided, that within the bounds of such Synods
as meet only once a-year, a Student may be entitled to have these circular
letters written half-a-year sooner than would be otherwise competent ; but
the trials and licensing of such Student shall not be proceeded with to their
termination, before the close of the Session at the Divinity Hall in which
he was enrolled for the last Session of his Theological course.
Anent transfer- jy^ That at the rcQuest of the Student, it shall be compe- isis, vui.
eoce of Students. * r »
tent to any Presbytery, upon cause shown, to transfer the
receiving of the public trials, or any parts thereof, certifying to the Presby-
tery to which the transference is to be made, that the various preliminary
steps have been taken according to the directions of the Act ; and that the
private, and such parts of the public trials as have been already gone through, 1713, x.
have been received with approbation. Failing such certificate, it shall not
be competent to make the transference.
Anent Students ^* That if a Student have studied, either in whole or in part, I813, ▼iu.
who have stu- j^^ Protcstaut Universities which are not within the bounds of
died in Univer-
se ho^dTof*^'* ^^^^ Church, he shall, when he is proposed to any Presbytery for
this Church. trials, be required to produce satisfying testimonials from the
Professors of Divinity in said Universities ; and the time which these Pro-
fessors shall certify to have been employed by him in studying Divinity under
their tuition, shall be computed in the same manner as if he had prosecuted
his studies in any of the Universities within the bounds of this Church.
But it is hereby provided, that no Student, in such circumstances, shall be
admitted even to those private trials, which are appointed to be taken before
the writing of the circular letters, sooner than six calendar months after his
arrival in Scotland.
Proce^gs of VI. That if a Presbytery propose to take a Student upon 1813, viii
students pro- public trials, and have with that view written the circular letters
posed for Trials.
as required by this Act, public intimation thereof shall be
made at some diet of the next meeting of the Provincial Synod, which
shall not be the last diet thereof. And the Presbytery Clerk is hereby re-
quired to transmit to the Synod Clerk an Extract of the Certificate, or
Certificates, laid before the Presbytery in favour of the Student, and
also an Extract Minute, or Minutes, of the proceedings of Presbytery in
regard to his preliminary examination or private trials, in order that the
same may be produced at this diet of Synod. And it is likewise hereby or-
dained, that at some subsequent diet of the Synod, particular inquiry shall
28
THE ACTS OF THE
be made whether any of the members of the Court has any objection to offer
against the Student being entered upon public trials ; and that the Synod
then taking into consideration the Extracts produced, and the whole of the
case, shall judge of the expediency of allowing the Presbytery to admit the
Student upon trials; or if in any case the Presbytery Clerk shall fail to
transmit the Extracts above mentioned, the Student shall produce to the
Synod by himself, or by any member of the Court, the said Extracts, which
by this Act he is entitled to obtain.
1782, Tiii. subjectf and That if the Syuod shall allow the Student to be taken
1813, viii. order of Trials, ^p^jj public trials, the Prosbytcry shall proceed therein with
all convenient speed ; and the Assembly appoint the following trials to be
taken of the Student, and in the order herein mentioned : — 1*^, Catechetical
trials on Divinity, Chronology, and Church History; 2d, Atrial in the Hebrew
and Greek Languages ; 3(i, An Exegesis in Latin, on some controverted head
in Divinity; 4tA, A Homily in English; 5thj An Exercise and Addition;
6^A, A Lecture on some large portion of Scripture ; Tth, A Popular Sermon ;
it being understood that, if the Presbytery see cause, they may examine the
Student upon the subject of these several discourses.
1849. xi. Regulations as VIII. That the Studcut having gone through the several
to Licensing, trials which are mentioned in the immediately preceding section
of this Act, the Presbytery are ordained to proceed in the following order : —
(1.) They shall deliberately and seriously take a conjunct view of the
whole trials, and if they shall be of opinion that the Student is not properly
qualified to perform the duties incumbent upon a Preacher of the Gospel,
they shall by no means grant him a license in his present circumstances.
(2.) If, upon this review of the trials, the Presbytery are fully satisfied
therewith, they shall record this opinion in their minutes.
(3.) The Presbytery shall then propose to the Student the questions
1711, X. that are appointed to be put to all who pass trials, by Act 10th, Assembly
1711, and require him to subscribe the Formula which is prescribed by
the said Act. And the General Assembly strictly prohibit all Presbyteries
from licensing any Student to preach the Gospel, who shall not give explicit
and satisfying answers to these questions, and subscribe the said Formula,
1782, viiL also prohibit them from using any other questions or Formula than
those prescribed by the said Act.
1769, viii. Presbytery shall order the Act 8th of Assembly 1759, against
Simoniacal Practices, to be read to the Student in their presence.
{Lastly.) The Presbytery shall appoint their Moderator to license the
Student to preach the Gospel, and order their Clerk to furnish him with an
extract of his license.
GENERAL ASSEMBLY, 1859,
29
Chapter III. — Anent Probationers.
Probstionert re- That everv Probationer, on leaving the bounds of the Pres-
raovmg into other ' o
Presbyteries to bvtery bv which he was licensed, or in which he has been resid-
report them- ^ J J ^
sefves and lodge ing as a Probationer, and going to reside within the bounds of
another Presbytery, shall, within two months, report himself, i786, ix.
through the Moderator or Clerk, to the Presbytery into which he has come,
and lay before them a Presbyterial Certificate of his being a Probationer,
and that his conduct is in every respect becoming his profession ; and the
said Presbytery shall mark in their register the Probationer's name, and
the name of the Presbytery which licensed him, as well as the name of
the Presbytery from which he received such certificate ; but in the event
of Probationers failing so to report themselves, and to produce such certifi-
cate, this shall not exempt them from the jurisdiction of the Presbytery
within whose bounds they reside or officiate. And Presbyteries are enjoined i694. x.
to keep a watchful eye upon all Probationers residing withip their bounds,
and to require from them the same subjection and orderly carriage to which
they were engaged to the Presbytery by which they were licensed.
LUto of ftSbL That Presbjteries shall annually, at their meeting for the i736, ix.
tioners. elcctiou of Commissioucrs to the General Assembly, extract
from their Records, and transmit to the Assembly, a complete list of all
the Probationers then residing, or who shall have resided, within their
bounds for the space of two months inmiediately preceding the date of
said List ; mentioning first the names of all the Probationers licensed by i697, iii.
themselves, and then the names of all other Probationers residing as above,
with the names of the Presbyteries from which they have brought certifi-
cates as Probationers, as well as of the Presbyteries that licensed them ;
and also the names of all Students who have been proposed to be taken
upon trials, or are then under trials for license.
Anent suenced \\\^ That Prcsbytcries, when transmitting the foresaid Lists, 1709, xv.
Probationers. ^
shall at the same time transmit to the Clerk of the General As-
sembly an account of all Probationers who shall have been silenced by them
during the course of the year preceding the date of said account ; and 1694, x.
also an account of all Ministers who shall have been deposed by them from
the office of the Holy Ministry.
^to^P^y toT ^^^^ ^ cii^e^ of prosecution, by Libel or otherwise, 1835, xi.
Probationers, agaiust Probationers, the rules of the form of process shall be 1745, i^.
observed in the same way as in the prosecution of Ministers.
THE ACTS OF THE
other Acts to be ^^^^^ 8,11 Acts of the General Assembly in regard to the
repealed. course of Theological Study, the Examination of Students pre-
vious to entering, and during their course through the Divinity Hall, and
also in regard to trials for License, and to Probationers, inconsistent
with the provisions of this Act, shall be held to be, and hereby are, repealed.
CkMMdniion. For the better observance of this Act, the General Assembly
ordain, Ist, That it shall be printed among their other printed
Acts. 2rf, That it shall be printed by itself in some convenient form.
3<i, That a Copy of this separate edition shall be transmitted to each
Professor of Divinity in the Universities of Scotland j and that the
said Professors shall read the same in their respective Halls, once at
1818, viii. least during every session, and at such times as they have reason to
expect the attendance of the greatest number of Students for that session.
And lastlyj That a copy of the same edition shall likewise be transmitted to
the Clerks of each Synod and Presbytery within the bounds of this Church,
and that the said Clerks shall keep the same along with their minutes, and
bring it to each meeting of their respective Courts, for the use of their
Members.
XI.
OVERTURE anent the Admission of Graduates of English Uni-
versities to the Divinity Halls in the Universities of Scotland.
Edinhargh, May 28, 1859. Sm. 13.
THE General Assembly agree to transmit the following Overture for the
consideration of the Presbyteries of the Church : —
Whekeas it is considered advisable to alter the laws respecting the
admission of Students of Divinity to this effect, that young men who have
completed their under-graduate course at Oxford or Cambridge or King's
College, London, and have taken the degree of B.A., should be put in the
same position with those who have completed a course of Literature and
Philosophy at one or other of the Universities of Scotland, — ^it is hereby
Overtured that the General Assembly, with the consent of the Presbyteries
of the Church, do enact and ordain to that effect ; providing also that the
annual examination of such Students may be carried on by the Presbyteries
of the Synod of England in connection with the Church of Scotland, and
that a duly attested Certificate from any one of those Presbyteries, that
such examination has been satisfactory, along with the other necessary Cer-
tificates, shall be authority for Professors of Divinity to enrol such Students
as Students of Divinity.
6ENEBAL ASSEMBLT, 1859.
31
XII.
Edinburgh, May 30, 1859. Sess. UU.
THE General Assembly called for the Report of the Committee on Stand-
ing Orders, and approved of the same ; and declare and enact that in
future the following shall be observed as the Standing Orders for Regulat-
ing the business of the House : —
I.
As TO THE Commissions of Parties Elected as Members of
Assembly.
1. All Commissions to Members of an ensuing Assembly shall be trans-
mitted, by the parties elected, to the Agent for the Church, as soon as con-
veniently may be after the date of election, and not later than the second
Thursday in the month of May in which such Assembly is to meet ; and
the Agent shall, on a day not later than three days previous to the first day
on which the Assembly meets, submit all Commissions so transmitted to him
to the Procurator and Clerks of the Assembly, who, along with the Agent,
shall constitute a Standing Committee,— of which the Agent shall be Con-
vener,— for examination of Commissions transmitted to the Agent as afore-
said J and the said Committee shall, by their Convener, report to the
Assembly, at its first diet, how far the said Commissions appear to be regu-
lar and according to law and practice, and whether any of the same be, in
these respects, defective.
2. Along with Commissions in favour of Ruling Elders, there shall be
transmitted to the Agent the certificate required by the Act of Assembly
1839, cap. 12, anent the Qualification of Representative Elders.
3. All Commissions reported by the Agent's Committee to be defective,
or which, on the report of the said Committee, shall be objected to by any
party having interest, or by any Member of Assembly, shall be remitted
by the Assembly to a Committee of Nine of its members, of whom Three
shall be a quorum; and the Committee of Assembly shall report upon the
said Commissions to the diet of Assembly held next after the date of the
appointment of the said, Committee.
4. It shall be competent to lodge with the Agent for the Church, Com-
missions which have not been previously transmitted to him, in terms of
Section 1, mpra, at any period during the sitting of the Assembly; and
such Commissions shall be submitted by the Agent to the Assembly at their
meeting on the day next after the day on which the Commissions shall have
been so lodged, and shall either be disposed of by the Assembly at once, or
be remitted to their Committee on Disputed Commissions, as to the Assembly
shall seem proper.
32
THE ACTS OF THE
6. The Committee on Disputed Commissions shall, if called upon, or if
it shall appear to the Committee necessary or expedient so to do, hear the
party whose Commission is objected to, by himself or by his counsel or agent,
in support of his Commission; and also any party or parties who may object
to such Commission.
IL
As TO Constituting the Assembly, and the Appointment of, and
Peoceduee before, the Committees for Despatch of Busi-
ness.
6. The Commissioners elected to serve in the Assembly shall convene in
the Assembly Hall on the day fixed for the meeting of Assembly, at the
usual hour, and after Sermon, according to the present practice, — when,
after prayer by the Moderator of the last preceding General Assembly, —
the names of all parties whose Commissions have been lodged with the
Agent previous to the meeting of Assembly shall be read by him to the
House.
7. The election of a Moderator shall then be made.
8. Her Majesty's Commission to the Lord High Commissioner shall then
be read and recorded.
9. Her Majesty's Letter to the Assembly shall then be read, and a Com-
mittee shall be appointed to frame an Address in answer thereto.
10. The Report of the Agent's Committee upon Commissions transmitted
to, or otherwise lodged with the Agent, shall then be called for and read, and
shall be disposed of in manner prescribed in section 3, mpra.
11. The following Committees shall then be nominated, viz. : —
Committee on Disputed Commissions.
Committee on Overtures.
Committee on Bills.
Committee for Arranging the Order of Business.
Committee for Classing Returns to Overtures.
Committee for Revising the Record of the Commission.
12. When there is a vacancy in any of the offices of the ordinary office-
bearers of the Assembly, such steps as to the Assembly may appear proper
shall then be taken for supplying the vacancy.
13. The Committees appointed in terms of section 11, mjpro, shall meet,
respectively, at the times and places specified in the minute of their ap-
GENERAL ASSEMBLY, 1859.
33
pointment; and the Committees on Bills and Overtures shall respectively make
a report to the Assembly, at its diet next following the diet when the said Com-
mittees were appointed, and at such times thereafter as the state of the busi-
ness brought before them may render expedient^ or as the Assembly shall
direct.
14. The Committee for arranging the Business of the Assembly shall re-
port to the Assembly from time to time as the state of the business may
render expedient j and the Committee for revising the record of the Commis-
sion shall report to the Assembly, before its close, and as soon as may be
after the appointment of the said Committee.
15. Overtures from Synods or Presbyteries shall be presented to the
Committee on Overtures by the Commissioners from the Presbytery, or by
the Commissioners from some Presbytery within the bounds of the Synod
promoting the overture; and no overture from a Synod or Presbytery shall
be transmitted to the Assembly by the Committee on Overtures, if not so
presented to them.
16. Overtures by individual members of the Assembly shall be presented
to the Committee on Overtures by the parties promoting such overtures;
and no such overture shall be transmitted to the Assembly by the Com-
mittee on Overtures, unless it shall be so presented to the Committee.
17. Applications to the Committee on Bills shall be made by petition,
subscribed by a party having an interest in the cause, or other matter re-
ferred to in the said petition, or by his counsel or duly authorized agent;
and in the said petition there shall be specified the cause, or other matter
sought to be transmitted to the Assembly, and all documents connected
therewith, also sought to be transmitted.
18. Along with applications for transmission to the Assembly, of appeals,
or of dissents and complaints against the judgments of inferior courts, there
shall be produced to the Committee an extract of the judgment complained
of, and an extract or certified copy of the relative reasons of appeal, or of
dissent and complaint, with all documents, or copies, certified by the Clerk
of the Court whose judgment is appealed against, to be correct copies, of all
documents forming part of the record in the inferior court.
19. In all causes brought up to the Assembly by appeal or otherwise,
the record shall be held to consist of the entire minutes of the inferior
courts in relation to the cause, and of the evidence, whether parole or docu-
mentary, adduced in the same, whether engrossed in the minutes, or lodged
in the inferior court and kept in retentis; and no documents, not forming
part of the record, shall be transmitted by the Committee on Bills to the
Assembly, in connection with any cause, with the exception of reasons of
appeal or of dissent and complaint, which shall, in all cases where tendered,
be transmitted along with the record.
E
34
THE ACTS OF THE
20. When there shall be more than one appeal in the same cause, or
more than one dissent and complaint, or one or more appeals, as well as
one or more dissents and complaints, it shall not be necessary to produce,
along with the petition to the Committee in each appeal or dissent and
complaint, the record in the cause, or a certified copy of the same ; but it
shall be sufficient to refer to the record, as produced along with the petition
relative to any other appeal or dissent and complaint ; provided always, that
along with every petition to transmit an appeal or dissent and complaint,
there shall be produced an extract of the judgment complained of.
21. Where any cause shall be referred by an inferior court to the
General Assembly, the clerk of such inferior court shall, as soon as may be
after the reference has been made, transmit to the Agent for the Church
the record in such cause, or a duly certified extract or copy of the same;
and along with every application to the Committee to transmit such refer-
ence to the Assembly, there shall be produced an extract of the minute of
the inferior court containing the reference, and the petition shall refer to
the record, or to the extract of the same, as having been transmitted to,
and as being in the hands of, the Agent for the Church.
22. That in the cases specified in the last preceding section, the Agent
for the Church shall produce to the Committee the record in any cause
transmitted to him as aforesaid, and referred to in any application to the
Committee ; and the Committee, if they shall agree to transmit the refer-
ence to the Assembly, shall transmit, along therewith, the record in the
cause.
23. That along with all applications to the Committee to transmit to the
Assembly original petitions, or other applications to the Assembly in the
first instance, there shall be produced to the Committee a written copy of
such pcjtition or other application, subscribed by the party promoting the
same, or by his counsel or agent, and all documents referred to in the
said petition, or upon which the petitioner intends to found in support of
his application, and which are not already before the House.
HI.
Regulations as to Printing.
24. In causes brought before the Assembly by appeal, involving the merits
of the cause, the appellants shall print, in the form at present in use, and
shall lodge with the Agent for the Church, not less than 450 copies of the
judgment or deliverance complained of, and relative record, not later than
the Monday preceding the day fixed for the meeting of the Assembly ; and
no such cause shall be entertained by the Assembly, where it shall appear,
when the cause is called for discussion, that such prints have not, when the
cause is so called, been lodged with the Agent for the Church.
GENERAL ASSEMBLY, 1859.
85
25. In cauBes brought before the Assembly by dissent and complaint, in-
Tolving the merits of the cause, it shall be optional to the complainers
either to comply with the regulations as to printing prescribed by the last
preceding section in the case of appeals, or to lodge with the Agent for the
Church, at the time and in the manner provided with regard to prints in
appeals, a complete written copy of the judgment complained of, and
relative record.
2G. In appeals, or dissents and complaints, upon incidental points not
involving the merits of the cause, the appellant or complainer shall print,
or furnish written copies, and shall lodge with the Agent for the Church,
in manner above provided with regard to appeals and dissents and com-
plaints upon the merits, and under a similar sanction, the judgment com-
plained of, and such parts of the relative record as may have a bearing
upon the said judgment; provided always, that in the case of such appeals
and complaints upon incidental matters, the appellant or complainer
shall serve upon the respondent, or his known agent, on the same day on
which he shall lodge his print, or written copy of the proceedings, with the
Agent for the Church, a similar print, or written copy of such proceedings ;
and it shall be competent for the respondents, at any time before the hear-
ing of the cause, to print, or furnish a written copy, as the case may be, of
such additional portions of the proceedings as they may think fit. In all
cases where prints are lodged with the Agent for the Church, by either of
the parties in a cause, in terms of these Regulations, the Agent shall be
entitled, on application made to him for that purpose, to supply six copies
of such prints to the opposite party or parties in the cause, or to his or their
duly authorized Agents.
27. When an inferior court shall refer a cause to the Assembly, the
parties to the said cause shall, at their joint expense, print and lodge with
the Agent for the Church the minute containing the reference and relative
record, at the same time as is provided with regard to the print in the case
of appeals ; under certification that if any of the parties shall refuse to
contribute his share of the expense of such print, before the time when the
cause is called for discussion, he shall be considered as having deserted the
cause, and shall not be entitled to be heard.
28. Parties promoting original petitions or other applications to the As-
sembly, in the first instance, shall print and lodge with the Agent for the
Church, on or before the Monday preceding the day on which the Assembly
meets, not less than 450 copies of such petition or other application, and of
all documents transmitted along therewith to the Assembly by the Com-
mittee on Bills ; provided always that in causes arising out of trials for
license or ordination, or out of matters relating to Church ordinances, or any
matter not involving the interests of private parties, brought before the As-
36
THE ACTS OF THE
aembly by reference, or by petition presented to the Assembly, by any Minis-
ter or member of a Church court in the discharge of his public duty as such,
it shall be optional to the Court making the reference, or to the party or
parties insisting in such cause, either to print and lodge with the Agent
printed copies of the proceedings in the same, in manner already provided
with regard to appeals, or to lodge with the Agent a written copy of the
said proceedings, in manner provided with regard to dissents and complaints.
29. The parties promoting any overtures to the General Assembly shall
print and lodge with the Agent for the Church, on or before the Monday of
the week in which the Assembly meets, not less than 450 copies of such
overture ; provided always that in the case of any overtures relating to mat-
ters emerging after the meeting of the Assembly, such overtures shall be
printed and lodged with the Agent at least two days before discussion of the
same by the Assembly.
30. The Clerk of the Assembly shall preserve two copies of every print
lodged with the* Agent for the Church in manner above provided, one copy
of which print, having a copy of the judgment of the Assembly in the
cause to which it relates, prefixed or annexed thereto, shall be bound up
and kept in the records, and the other copy, also having the judgment
written thereupon, shall be lodged in the Library.
IV.
Order of Pleading in Causes.
31. In causes brought before the Assembly by appeal, or by dissent and
complaint, where there is only one appellant or complainer, or one set of
appellants or complainers, concurring in the same reasons of appeal, or of
dissent and complaint, and one respondent, or one set of respondents, con-
curring in the same answers to the reasons of appeal, or of dissent and com-
plaint, the case for the appellant, or complainer, shall be stated by himself
or by his counsel, who at the same time shall submit such argument upon
the case as he shall think fit ; and the party or counsel so stating the appeal
or complaint, shall be followed by the respondent or his counsel ; and at the
close of the answer to the opening statement for the appellant, he shall be
entitled to be again heard, and the respondent shall also be entitled to be
heard in answer to the second speech for the appellant or complainer ; and
if, in his final answer, the respondent or his counsel shall state any fact, or
submit any argument not adverted to in his answer to the opening statement
for the appellant, the appellant, or complainer, shall be entitled to a reply
upon the new matter introduced in the final answer for the respondent ; but
with the exception of this right of reply so limited, in no case shall more
than two speeches be allowed to each party at the bar.
32. In such causes as those referred to in the last preceding article, and
GENERAL ASSEMBLY, 1859.
37
in which there are more than one appellant, or set of appellants, and respond-
ents, insisting on the appeal or dissent and complaint, or supporting the
judgment complained of, on different grounds, and in separate reasons or
answers, each appellant, or complainer, shall be entitled to open and state his
separate case, and each respondent shall be entitled to make his separate
answer, and the debate shall be closed with a reply for the several appel-
lants ; provided always that it shall be competent to the parties, with con-
sent of the House, to make any arrangement for conducting the debate
other than that herein prescribed, which shall have the effect of limiting,
farther than is herein done, the number of speeches to be made from the
bar.
33. In causes brought before the Assembly by reference from an inferior
court, the reference shall be stated to the House by one of the Commission-
ers of the Presbytery, or by a Commissioner from a Presbytery within the
bounds of the Synod making the reference, in his place as a member of the
House, or by some member of such Presbytery or Synod specially appointed
for that purpose ; and the Assembly shall thereafter hear the parties in the
cause referred, in such order as the shape of the case may seem to require,
keeping in view the regulations in the last two preceding articles.
34. It shall be competent for any member of an inferior court whose
judgment is brought under review of the Assembly, to appear at the bar in
support of the judgment; but where Commissioners have been specially ap-
pointed by the inferior courts to support their judgment, the Assembly shall
not hear any member of such court, other than one of the members so ap-
pointed, unless any member not so appointed, and who wishes to be heard,
can show a separate and peculiar interest to support the judgment ; and
it shall, in all such cases, be competent to the Assembly, to limit the number
of members of an inferior court who shall be heard in support of the judg-
ment under review.
35. Where a judgment of a Synod, affirming a judgment of a Presbytery,
is brought under review of the Assembly, the members of Presbytery shall
have no status as parties at the bar, except in the character of members of
the Synod; but where a reversal by a Synod, of a judgment of a Presbytery,
is under review, the Presbytery may appear and be heard at the bar of the
Assembly, as appellants against the judgment, provided always that they
comply with the regulations herein contained, regarding causes brought
under review of the Assembly by appeal.
36. Where a Synod reverses a judgment of a Presbytery, on a dissent and
complaint, and the Presbytery appeal against the reversal, the complainers
in the dissent and complaint to the Synod may appear, and be heard at
the bar of the Assembly, as respondents to the appeal for the Presbytery.
38
THE ACTS OF THE
37. In causes brought before the Assembly by petition, or other application
to the Assembly in the first instance, the party promoting the said applica-
tion shall be entitled to be heard in support of the same; and the Assembly,
if required so to do, shall also hear an answer from any party upon
whom they may have directed such application to be served, or whom they
shall consider to be a proper respondent ; and the debate at the bar shall be
closed with a reply from the party promoting the application.
V.
Order of Debate in the House, and as to Putting the Question,
AND Taking the Vote.
38. It shall be competent to any member of Assembly to make such
motion as he shall think fit, upon any matter regularly brought under the
consideration of the Assembly ; and any member, so moving, shall state the
terms of his motion in writing, to be laid upon the table of the House. It
shall not be competent for any member to withdraw a motion which he has
once made, or so to vary the terms of his motion as to render the same in
substance another motion, without the leave of the Assembly.
39. When a motion so made is seconded, it shall be competent for any
member to move an amendment upon the same, of which he shall also state
the terms in writing; and when the motion and amendment have been duly
made, seconded, and laid upon the table, it shall be competent for any
member to be heard in support of one or other of the propositions before
the House ; and the debate shall be closed with a reply, if he think fit to
claim a reply^ from the mover of the motion.
40. When there is only one amendment to the motion proposed to the
House, the vote shall be taken at the close of the debate, upon the motion
and amendment.
41. Where there is more than one amendment, the vote shall be first
taken upon the question, which of the amendments shall be put against the
motion; and this question shall be decided by one or more votes, according
as there are two or more amendments submitted to the House.
42. All motions after the first shall be dealt with as amendments on the
first motion, to the eflfect of being disposed of in manner above provided
in article 41.
43. It shall be competent to any Member of the House, present at the
vote, to enter upon the minutes a dissent from the judgment or resolution
of the House, immediately after the vote ; and to lodge thereafter his
reasons of dissent, to which any member present at the vote may adhere,
GENERAL ASSEMBLY, 1859.
39
either when such disdent is taken, or at the next diet of the Assembly there-
after. But it shall not be competent to enter a dissent at any diet after
that at which the resolution dissented from was passed.
VI.
As TO Miscellaneous Business.
44. All Applications for constitutions for New Churches, and the re-
lative documents, shall, along with the feudal titles of the churches and
groimds, be transmitted, one month before the meeting of each Assembly, to
the Home Mission Committee, or such other Committee as the Assembly
may have specially appointed for receiving the same, along with extracts
of the approval of the proposed constitutions by the Presbyteries of the
respective bounds, or of their deliverances upon the proposals ; and such
Committee shall revise the proposed constitutions and examine the titles,
and report to the Assembly their opinion as to any alterations that should
be made on the proposed constitutions, the said Committee giving to all
parties who may have appeared before the respective Presbyteries eight
days' notice of the day fixed for the consideration of their case, in order
that they may attend for their interest, — certifying all parties applying for
constitutions for New Churches, that if they fail so to transmit for revisal
and examination the documents aforesaid, their applications will not be en-
tertained by the Assembly : Provided always, that where the said docu-
ments have been transmitted, they must also be thereafter regularly passed
to the Assembly through the Committee of Bills, in common form; and all
parties who have made compearance in the Presbyteries shall be entitled, as
at present, to be heard before the Assembly to which the applications are so
passed, or any Committee to be appointed by them, on their objections to
the constitutions for the proposed churches, or to the report of the Home
Mission or other Committee specially appointed as aforesaid.
45. Manuscript Reports to the Assembly shall be written upon foolscap
paper, and so as to admit of being bound up into volumes, and it shall not
then be necessary to engross them in the Record.
46. Where several overtures have been transmitted to Presbyteries by
the Assembly, the return by the Presbytery to each overture shall be writ-
ten upon a separate sheet of foolscap paper.
47. The Standing Orders shall be read over by one of the Clerks on the
first day of the meeting of every Assembly, if any member shall require
that they shall be so read ; and any motion for repeal or amendment of any
of the Orders shall be brought before the Assembly in like manner with
oyertores in regard to other matters ; provided always, that it shall be com*
40
THE ACTS OF THE
potent to the Assembly, on the motion of any member to that eflfect, and
on cause shown, summarily to dispense -with the observance of the Standing
Orders, or of any of them, in any particular case.
VII.
Closing of the Assembly.
48. When the business set down for the last Monday of the sitting of the
Assembly shall have been disposed of, the Assembly shall be closed by ad-
dresses from the Moderator, to the Assembly and to His Grace the Com-
missioner j and by the Commissioner, to the Assembly ; and with devotional
exercises, according to the practice of the Assembly.
XIII.
Act appointing Collections for the Schemes of the Church.
Edinburgh^ May 30, 1859. Sm. 14.
THE General Assembly of the Church of Scotland appoint the following
days for General Collections throughout all the Churches within their
bounds, viz. : — (L) The second Sabbath of July for the Scheme for Colonial
Churches ; (2.) The third Sabbath of August for the Scheme for Conversion
of the Jews; (3.) The second Sabbath of October for the Scheme for
Education; (4.) The second Sabbath of December for the Scheme for
Home Missions ; (5.) The second Sabbath of Febniary for the Scheme for
Foreign Missions ; (6.) The fourth Sabbath of March for the Scheme for
Endowment of Chapels of Ease ; and (7.) The fourth Sabbath of April for
Extra Collection for the Scheme for Home Missions ; provided always, that
whenever the celebration of the Sacrament of the Lord's Supper shall happen
to fall on any of the said Sabbaths, the Collection shall be made on the
Sabbath immediately following : And the Assembly enjoin every Minister, on
the Sabbath preceding that on which each Collection is to be made, to give
due intimation thereof from the pulpit, accompanied with such information on
the object of the Collection as he may have been able to acquire. The Gene-
ral Assembly, while rejoicing at the increased fruits of the Christian zeal of
the people of this Church, would earnestly urge on them the duty of still
further augmenting the means provided by them for promoting the cause of
the Redeemer, hitherto so inadequate to the extent of the field daily opening
up to the operations of the Church, and so far within what might be expected
from the gratitude and love due to a crucified Saviour : They enjoin par-
ticularly all Ministers of the Church to fulfil the duty incumbent on them,
of at least exhorting their Congregations to embrace the opportunities of
GENERAL ASSEMBLY, 1859.
41
contributing towards the spread of the Gospel of Christ, on all the days
above specified. The General Assembly hail, with the highest gratifica-
tion, the information which they have received, to the eflfect that, in many
Parishes, Associations have been instituted for raising funds in support of
the Schemes of the Church : they regard such Associations as admirably
calculated, if conducted on proper principles, not only to secure an increase
of means for the difi^usion of the knowledge of the Gospel among those who are
unhappily still ignorant of its blessed truths, but also to exert a most bene-
ficial influence on the Christian condition of all who shall become associated
for this important object : The General Assembly, therefore, renew their
most earnest recommendation, that Parochial Associations may be instituted
in all Parishes in which they have not been already established ; and they
would specially press on the Members of these Associations the great im-
portance of accompanying all their efforts for the advancement of the
Redeemer's kingdom with fervent and persevering supplication and prayer.
Farther, the General Assembly enjoin all the Presbyteries of the Church to
hold a yearly meeting, of which due intimation shall be given in all the
Parish Churches within their bounds, and which the public shall be invited
to attend, in order to afford to every Minister of the Presbytery an oppor-
tunity of stating what has been done within his Parish, in furtherance of the
said objects ; and to give to the persons present, by means of addresses by
one or two of the Members, specially appointed for that purpose, such in-
formation as to the progress of Christianity at home and abroad as may be
best calculated to arouse the benevolence of the Christian public, and to
maintain their interest in the prosperity of the said objects. And particu-
larly, the General Assembly enjoin the several Presbyteries to require of all
the Ministers within their bounds, a distinct and articulate account as to
whether the aforesaid Collections have been made on the Sabbaths severally
appointed for them, and to record the report of every Minister in their
Presbytery Books ; and likewise ordain the several Synods to take a similar
account annually of the diligence of their respective Presbyteries in this
matter, and to enter the same in their Synod Records. And the Assembly
earnestly urge on their faithful people, seriously to consider the duty of
contributing liberally towards the advancement of Christ's cause, according
to the ability wherewith God has blessed them. The General Assembly
further earnestly renew the authority and instruction formerly given to the
Committees on the several Schemes, and more especially to the Joint Com-
mittee, to send, as they shall see cause. Deputations throughout the country,
to explain and advocate the said Schemes ; putting themselves, for this
purpose, in communication with the Synods or Presbyteries. The General
Assembly also enjoin the several Presbyteries to send up to the next Gene-
ral Assembly an exact report of the Collections made in each of the Parishes
within their bounds. The General Assembly order this Act to be printed
separately, and a copy to be transmited to every Parish Minister, and to
every Minister or Probationer oflBciating in a Chapel of Ease in connection
F
42
THE ACTS OF THE
with the Church of Scotland, before the fourth Sabbath of June next ; and
they ordain the said Act to be read from the Pulpit on the Sabbath imme-
diately preceding that appointed for the first General Collection.
XIY.
Act appointing Collections for Extinction of the Debts affecting
Chapels of Ease.
Edinburgh, May 30, 1859. Sess. 14.
THE General Assembly of the Church of Scotland appoint a General Col-
lection to be made throughout all the churches within their bounds,
on the third Sabbath of January, for the Extinction of the Debts afifecting
Chapels of Ease.
T
XV.
Act appointing the Diet of the next General Assembly.
Edinburgh, May 30, 1859. Sess. Ult.
IHE next General Assembly of this Church is appointed to be holden at
Edinburgh, on Thursday the 17th day of May 1860.
Extracted from the Records of the General Assembly of the Church of
Scotland, by
A. L. SIMPSON, CI Eccl. Scot.
GENERAL ASSEMBLY, 1859.
43
EEPORT of Committee of General Assembly on the
Clerkships.
rpHE Committee were appointed to consider and report upon the nature
-■- of the duties which have hitherto been discharged by the Clerks of the
Assembly with the assistance of the Agent for the Church, and on the
emoluments received by them, and how far any change should be made in
these ; and, in the meantime, it was agreed that the vacancy occasioned by
the appointment of Dr Simpson to be first Clerk be not filled up until the
Report has been brought up and considered.
The Committee have not failed honestly to address themselves to the per-
formance of the duties thus devolved on them. They have held three meet-
ings, at which attended the Rev. Drs Hill, Leishman, Pirie, and Bisset,
the Rev. Mr Phin, Professor Swinton, Sheriff Barclay, and Messrs Cook
(Joint-Procurator), Bayley, Smith, and Cheyne.
The Committee find that the offices of Clerks to the Assembly have been
in previous times dealt with in the most various ways. Originally, one
person acted as Clerk and Procurator, who was subsequently allowed to
join or depute any he might think fit to the performance of these duties ;
and, from the year 1638 down to 1G95, the office of Clerk, conjoint with the
oflBce of Procurator, or separate from it, appears to have been always held by
a layman. In the latter year, the Rev. Mr Bannatyne was appointed Clerk
for that special Assembly, — Mr Spence, a layman, having been appointed to
assist him. The same arrangement seems to have been yearly repeated
down to 1701, when Mr Duudas, advocate, was appointed Clerk, — Mr Spence,
the person who had been assistant to the previous Clerk, p^o tempore^ being
appointed Sub-Clerk. In 1703, another advocate was appointed Principal
Clerk; and the same gentleman was, in 1706, appoiiited Procurator, and
appears to have held both offices for a long period, — Mr Spence acting as
Sub-Clerk down to 1711, when he was appointed sole Agent, and thereafter
to have held the offices of Agent and Sub- Clerk down to 1738, when another
gentleman was conjoined with him in both offices. This arrangement con-
tinued till 1743, when, on the death of Mr Spence, Mr Baillie was elected
Conjunct-Clerk with a Mr M'Intosh, the former taking the Agent's, and the
latter the Sub-Clerk's department. In the year 1746, the offices of Procu-
rator and Principal Clerk seem to have been disjoined, one of the ministers
of Edinburgh being appointed Principal Clerk. In 1753, Mr M'Intosh
having died, Mr Edmondston was conjoined with Mr Baillie, — Mr Baillie to
act as Agent, and Mr Edmondston to act as Sub-Clerk, and Clerk to the
Committee for managing the Royal Bounty. It appears that, Mr Baillie
having died, Mr Edmondston thereafter held the offices both of Agent and
Sub-Clerk for many years previous to his death, which happened in 1781,
when one of the ministers of Edinburgh was appointed Sub-Clerk. Sinc(»
that period the offices of Agent and Sub-Clerk have been distinct, and there
44
THE ACTS OF THE
appears to have been ever since two Clerks, — a Principal and a Sub-Clerk,
— and, indeed, for a very considerable period there were two conjunct Sub-
Clerks, apparently in consequence of the age or ill health of the Principal
Clerk. Since 1789, also, the Clerks appear all to have been clergymen, —
though, in 1828, the fact of Mr Murray, W.S., having been a candidate, shows
that there was no understood exclusion of a layman from filling the oflfice.
The Committee thus hold that, so far as precedent is concerned, there is
nothing to bar the Assembly from dealing with the offices of Clerks, or
parties to be appointed to the performance of Clerk's duties, in the way
which may be deemed best calculated for the proper conduct of business-
There have been specially brought under the notice of the Committee
two suggestions inferring a radical alteration of the present system, inas-
much as either would practically suppress one of the existing Clerkships.
Isty It has been suggested that, reverting to the system which appears
more than once to have existed, the Assembly might advantageously appoint
a Principal Clerk only, making the Agent an Assistant-Clerk, a suggestion
which, it appeared to some members of the Committee, might have been
advantageously adopted had both Clerkships been now vacant, but which
could not be fairly or properly adopted during the tenure of office of a
Clerk appointed under the different system that has latterly prevailed.
2d, That the office of Clerk might, with the whole emoluments presently
enjoyed by both Clerks, with an addition thereto, be conferred upon some
single competent individual (lay or clerical, as may be thought suitable,)
resident in Edinburgh, and devoting his whole time to the duties, who
would be always at hand, and accessible for the discharge of all duties con-
nected with the office, — having associated with him, during the sitting of
the Assembly, some competent party as an assistant. The Committee,
however, feel that unless a gentleman possessing some other status and
emolument, such as one holding a Professorship, could be found to take the
office so regulated, there may be grave doubts entertained how far he would
be able to bring to, and confer upon the office, that status and dignity which
they think it desirable should ever appertain to it ; and while they would
be disinclined in any way to express an opinion appearing to limit the free
action of those who may hereafter have to deal with the matter, they are
disposed to think that, unless for some very cogent reasons, the Assembly
should, in conformity with the practice that has practically existed for the
last seventy years, choose their Clerks from among the clergy, or at least
from among those who hold the status of Ministers,
The Committee simply report these suggestions; they feel that, in present
circumstances, they could not seek to give effect to them, had they even been
at one as to the merits of either. But the majority of the Committee are of opin-
ion that two permanent Clerks are necessary, and that the Agent has suffi-
cient calls on his time and attention, during the sittings of the Assembly, in
matters proper to his own office, to prevent his being able to act as Assistant-
Clerk, or thus to obviate the necessity of there being always two Clerks,
had even both Clerkships been now open.
GENEBAL ASSEMBLY, 1859.
45
The Committee having thus arrived at the conclusion that both Clerk-
ships should be retained, addressed themselves to the duty of considering
what changes, if any, ought to be made in relation to the duties and emolu-
ments of the offices ; and, with reference to these, they felt called upon to
have regard to the duties laid upon the Agent at the time of his appoint-
ment, because, in some respects, they were disposed to think duties had
then been devolved upon the Agent which properly appertained to the
office of Clerk ; and relative to this, they had also to consider to some extent
the emoluments enjoyed by the Clerks and Agent.
The Committee find that, among the many and multifarious duties ex-
pressly devolved upon the present Agent at the time of his appointment, which
are all specified in a Report by a Committee on the duties of the Agency,
appointed by the General Assembly of 1855, and, with one exception,
approved by that Assembly, there were the following : —
" To prepare the Memoranda for conducting the business of the Assem-
bly at its opening, and, under the direction of the Committee of the Assem-
bly for arranging business, to adjust the Memoranda for each day the
Assembly meets.
" To act as Clerk to the Committee on Bills.
Along with the Clerks to adjust and revise the scroll minutes of the
proceedings of the Assembly and the Commission,
*• From the scroll minutes to make out the Proceedings of the Assembly
and Commision, and to get them fairly copied, compared, and signed.
'* To prepare the MSS. of the Acts of Assembly, and Abridgment of the
Proceedings of the Assembly, for the Press, and, along with the Clerks, to
revise the proof-sheets, and superintend the printing and issuing thereof.
" To give out Extracts of the Acts of Assembly."
The Committee are of opinion that the whole of the duties here enume-
rated, and laid upon the Agent at the period of his appointment are duties
jwoperly appertaining to the office of the Clerks, and that the Agent should
be relieved of them, and the same devolved upon the Clerks.
To prevent misapprehension, the Committee desire expressly to state, that
by this change they mean to devolve upon the Clerks the duty and cost of
having duly prepared (at joint expense) the fair copies of the records re-
quiring to be made for preservation and deposit at Edinburgh and St
Andrews; that the Principal Clerk, as being entitled by usage to the
instrument-money payable on dissents, should have charge of and the
duty of keeping up the Register of Dissents, in use to be kept ; and while
the Committee recommend that one of the Clerks of Assembly should act
as Clerk to the Committee on Bills, they, at the same time, recommend that
it shall be the duty of the Agent to attend as Process-Clerk all meetings of
the Committee on Bills, and to give his aid and advice to the Clerk acting as
Clerk to that Committee.
The Committee, while thus regulating the duties of the Clerks and Agent
reepectively, in a way different from that which has for some time prevailed,
and fixing their relative responsibilities in accordance, have no wish to
46
THE ACTS OF THE
prevent the Clerks and Agent making any arrangements, as between them-
selves, which they may find convenient, and which may be consistent with
the efficient discharge of the duties of each, — their relative responsibilities
to the Assembly to be, however, unaffected by such arrangement.
It was suggested that the Clerks should not be members of Assembly ;
and while, after full consideration, the Committee are not prepared to say
that the appointment of a Clerk to be a member of the House should forfeit
his office, they are of opinion that he should be incapable of acting as Clerk
while a member of Assembly ; and, therefore, that when a Clerk is appointed
a member, he should, for such Assembly, cease to act as Clerk, and should
ask leave of the Assembly to be allowed to appoint some competent friend,
approved of by the Assembly, to act in his stead, it being understood that
such leave will be granted as a matter of course.
Suggestions were also made as to the mode of conducting business by the
Clerks with a view of expediting procedure, many of them well deserving
of consideration, such as the Committee have no doubt will suggest them-
selves to the Clerks themselves ; and which, at any rate, the Committee are
satisfied require only to be mentioned to these gentlemen to insure, as far
as they are practicable and useful, ready adoption. But the Committee do
not think it would be expedient to endeavour to regulate the minutice and
details by which the Clerks are to proceed in the discharge of their duties.
At the same time, the Committee think that, while both Clerks are neces-
sarily responsible to the Assembly for the due performance of their duties,
the Principal Clerk should be primarily, as it were, responsible for the
proper discharge of the whole duties, without reference to the manner in
which he and the Sub-Clerk may arrange between them as to the perform-
ance of such duties. The Committee are also of opinion that the Principal
Clerk should have charge of the Records, and that some safe place for the
deposit of such should be obtained. During last Assembly, a Committee
was appointed to communicate with the Lord Clerk-Register as to accomo-
dation for that purpose in the additions to the General Register House
now erecting. Such application was duly transmitted, and is now before
the Lord Clerk-Register. In the meantime, perhaps the Assembly should
direct as to the present place for deposit of the Records. It may also be
right that the books in the Library should be put under the charge of
the Principal Clerk, and some provision made for having them properly
catalogued and cared for.
The Committee have also had reference to the emoluments of the offices of
Clerks and Agent. They find that the salaries hitherto paid are as follows : —
To the Principal Clerk, ..... £133 6 8
He has also been in the habit of receiving one-half of the
free fees, after deduction of outlays in connection there-
with, for Commissions, Extracts, &c., and this half may
be stated at an annual average of, say . . 22 10 0
Carry forward, £155 16 8
GENERAL ASSEMBLY, 1859.
47
Brought forward, £155 16 8
He also has an allowance of L.S., 3s for stationery, and he
receives the Instrument-Money for Dissents lodged, the lat-
ter of trifling amount ; but the Committee have no means
of estimating what the amount is, and they doubt if it
will defray the cost of keeping the relative Register, — say 3 3 0
Making in all, £158 19 8
To the Sub-Clerk, . . . . . £113 6 8
There has come to be attached to his office that of Clerk to
the Royal Bounty, to which there is attached a salary of 25 0 0
He has also an allowance for stationery of . . 3 3 0
Making in all, £141 9 8
To the Agent, a salary, including a sum allowed for pre-
paring Acts of Assembly and Abstract Proceedings,
copying papers, and making copies of Records for
Assembly and St Andrews, superintending printing, re*
vising proofs, and issuing Acts, &c., &c„ &c., of . 200 0 0
Allowance for coal, light, and stationery, . . 12 10 8
For acting as Sub-Clerk to Royal Bounty, the very in-
adequate amount of • . . . . 20 0 0
One-half of fees on Commissions, Extracts, &c., , 22 10 0
Making in all, 255 0 8
The Committee, though they have laid additional duties and work upon
the Clerks, — some of these, such as the making fair copies of the Records
for Edinburgh and St Andrews, &c., &c., involving considerable outlay, —
do not propose to make any change in the emoluments hitherto paid to
the Clerks ; because, upon a full consideration of the duties devolved
upon these officers, the Committee are of opinion that, after taking into
account the outlays they will be called on to make in order to the
efficient discharge of their duties, they will still be adequately remunerated
by the allowances hitherto made.
As regards the Agent, he will no doubt be relieved from some duties
which he has been hitherto called on to perform, and from the direct
outlay necessary in obtaining the fair copies of the Records requiring to
be made for preservation ; but, looking to the many calls on his time and
attention in Church matters, to the fact that a valuable part of the business
of the Church, which he was led to believe would, soon after his appoint-
ment, be put into his hands, has not yet so been passed to him, and to
another circumstance to be immediately adverted to, they cannot recom-
mend a reduction of his salary to a greater extent than £30.
The circumstance just alluded to, as affecting the question of the Agent^s
48
ACTS OF THE GENERAL ASSEMBLY, 1859.
remuneration is this. At the time of the appointment of the present
Agent, one of his duties was stated as follows : —
" To advise the Presbyteries on all matters on which they may apply to
him affecting the public interests of the Church, and on such cases procure
for them the opinion of the Procurator of the Church."
The Committee are given to understand that considerable doubts exist
as to the privilege of gratuitous consultations conferred by this declara-
tion. The Committee think that such doubts should be cleared away.
That the meaning of this, in the opinion of the Committee, is and ought
to be, as in the case of the Procurator, that among the duties proper
to the office of Agent for the Church, and met by the salary and advan-
tages of the office, shall be *'To advise all Presbyteries and Synods in
regard to any points and difficulties arising in matters coming judi-
cially before them in their corporate capacities, in so far as they shall
apply for and afford to him the means of giving such advice," including
the obtaining for them, from the Procurator, that officer's advice on any
statements or memorials transmitted to be laid before him. Of course, it
will be understood that this does not lay upon the Agent the obligation to
prepare formal memorials or other papers, and that he is to be fairly repaid
for outlay, when called upon to incur such, on behalf of Church Courts con-
sulting him as above. It will also be understood that, for the conduct of
all proceedings in the Supreme Court, the Agent will fall to be paid by the
Church Courts employing him. At the time of the present Agent's appoint-
ment, it was understood that in respect of the advantages flowing from being
Law- Agent of the Church and of all its Committees, the ordinary rate of
charge should, in the case of business done by him for the Church and for
Church Courts, be somewhat modified, and a remit was made to the Finance
Committee to adjust a modified scale of charge. The Assembly of 1855,
however, superseded for a time the transference to the Agent of the Church
of the most valuable business at the command of the Church ; and such still
remaining untransferred to him, the Finance Committee have not been in a
position to carry out the remit, and hence the Church and Church Courts
remain deprived of the advantages which the Committee of 1855 contem-
plated they should be put in possession of.
In name and by authority of the Committee,
HENRY CHEYNE, Cmvener.
Edinburgh, 24tth May 1859.
49
ABRIDGMENT
OF THE
ACrmes and proceedings of the general assembly of
THE CHURCH OF SCOTLAND. AT EDINBURGH, 1859;
AND OF THE
PROCEEDINGS OF THE COMMISSION PROM AUGUST 1858 TO JUNE 1859.
Edinburgh, Thuradayy May 19, 1859. Seas. 1.
After sermon by the Reverend Dr Matthew Leishman, Minister of Gh)yan, Mode-
rator of last Greneral Assembly, from Isaiah Ix. 22, the Ministers and Ruling Elders,
Commissioners from the several Presbyteries, Royal Burghs, and Universities, con-
vened within the Assembly Hall, and, after prayer, the names of all the Commis-
sioners were read over.
The General Assembly then proceeded to the choice of a Moderator, when Dr
Leishman proposed the Reverend Dr John Cook, Minister of St Leonard's, St An-
drews, as a fit person to fill that ofi&ce, which proposal was unanimo'usly agreed to ;
whereupon Dr Cook, being called in at the Assembly's desire, took the Chair.
The Moderator then intimated to the Assembly that the office of Principal
Clerk of the Assembly was vacant in consequence of the death of the venerable
Principal Lee, and that it now fell to the Assembly, in conformity with former
practice, to fill that office. Whereupon it was moved, seconded, and unanimously
agreed to — That the Reverend Dr Alexander Loekhart Simpson, Minister of Kirk-
newton, Sub-Clerk, be elected Principal Clerk of Assembly, with the understanding
that he was to acquiesce in any arrangements respecting his duties which the
Assembly might be pleased to make. — The Assembly therefore did, and hereby do,
elect, constitute, and appoint Dr Alexander Loekhart Simpson to be Principal Clerk
to the Assembly and Commission thereof, with power to him to exercise the office,
and to enjoy the emoluments, profits, and privileges thereof, as fully and freely as any
of his predecessors enjoyed the same, with the understanding that he shall acquiesce
in any arrangement respecting his duties which the Assembly may be pleased to
make ; and Dr Simpson being present, had the oath de fideli administratione ad-
ministered to him, and took his place as Principal Clerk of the General Assembly.
The General Assembly being thus constituted, the Queen's Commission to the
Right Honourable William David, Earl of Mansfield, constituting him Her Majesty's
Representative in this Assembly, was read with all due honour and respect, and
ordered to be recorded, i
The Queens most gracious Letter to the Assembly was also read, and ordered
to be recorded.^
Her Majesty^B High Commissioner then addressed the General Assembly irom
the throne, and the Moderator made a suitable reply.
> Printod Acta, No. I. > Printed Acts, No. II.
60
ASSEMBLY 1859.— ABRIDGMENT.
The General Assembly appointed a Committee to prepare a Minute to be in-
serted in the Becords, expressive of the high respect entertained for the venerable
Principal Lee.
A Committee was appointed to answer the Queen's most gracious Letter, and
also to name Ministers to preach before the Lord High Commissioner.
The Procurator was iftuthorized to draw from the Exchequer the Royal Grant of
L.2000, and instructed to deliver the amount to the Finance Committee tf the
Royal Bounty.
The Report of the Committee of Office-Bearers of the Church for revising Com-
missions was read and approved of.
The Commission from the Church in India was sustained.
A Committee was appointed to receive from the family of the late Principal Lee
the Volumes of the Records of the General Assembly which were in his custody as
the Principal Clerk of the Church.
A Committee was appointed to prepare a loyal and dutiful Address to Her Ma-
jesty on the successful termination of the Revolt in India, and the sanguinary war
to which it had given rise.
A Committee was appointed for arranging the business of the Assembly.
The Commission from the Burgh of Forres was sustained.
It was moved and seconded, That in respect that the office of Sub-Clerk of the
General Assembly is now vacant, the General Assembly proceed to fill up the said
office of Sub-Clerk, and that a Committee be now appointed to determine the duties
of both Clerks, and their emoluments, to report to a subsequent diet of the Assem-
bly ; the Clerks to hold their appointments subject to the Report of said Committee,
and the determination thereon of the Assembly.
Another motion was made and seconded, That the following members be ap-
pointed a Committee to consider and report upon the nature of the duties which
have hitherto been discharged by the Clerks of Assembly with the assistance of the
Agent for the Church, with the emoluments received by them, and how far any
change should be made on one or other of them ; and, in the meantime, that the
vacancy occasioned by the appointment of Dr Simpson to be First Clerk be not
filled up till the Report has been brought up and considered. After reasoning, the
vote being called for, it was agreed that the state of the vote should be First op
Second motion ; and the roll being called, and votes marked, it carried Second mo-
tion by 114 to 112, wherefore the General Assembly resolved in terms of the second
motion, and a Committee was therefore named, — Mr Cheyne, Convener.
Committees for Overtures and Bills were named and appointed to meet.
The General Assembly agreed to receive to-morrow the Report on the Conversion
of the Jews, the Report on Indian Churches and the Report on Psalmody.
Adjourned.
Sederunt. Friday, May 20, 1859. Ses%. 2.
A diet spent in prayer.
The Assembly granted leave to the Presbytery of Annan to meet on Monday
first, and attest the Commission of the Elder from the Burgh of Annan.
The Reports of the Committees on Overtures and Bills were given in and read.
The Assembly agreed to receive on Thursday a Deputation from the Irish Church
Mission.
ASSEMBLY 1859.— ABRIDGMENT.
61
The General Assembly on an appeal reversed a decision of the Committee of Bills,
refhsing to transmit a petition to the General Assembly from certain parishioners
of Kildalton, praying the Assembly to affirm the judgment of the Presbytery of
Islay and Jura rejecting the presentee to that parish, and agreed to hold the petition
aa transmitted, reserving all questions as to its competency.
The Beport of the Committee for arranging business was read and approved of.
The General Assembly called for the Report of the Committee on Indian
Chorcbes., which was given in and read by Dr Bryce, the Convener. It was moved
and unanimously agreed to — That the General Assembly have learned with great
satisfaction that the increase in the number of the Chaplains of the Church of Scot-
land in India, which has been so long and so urgently pressed upon the Indian
authorities, and in which the spiritual interests of so many of our countrymen in
India are so nearly concerned, has been granted by Her Majesty's Government. —
The Assembly have to record their grateful sense of the services of the Marquis of
Dalhousie, while Governor-General, in promoting this object. — They desire to ac-
knowledge the very great obligations under which Earl Canning, now Viceroy of
India, has laid the Church of Scotland, by his able and zealous advocacy of their
claims. To Her Majesty's Government, and to the noble Secretary of State now at the
head of the Indian Board, the Assembly have to return their warmest thanks for the
liberality and courtesy with which they have responded to their appeal in behalf of the
Scotch Church in India. — The Assembly, sensible of the expediency of as little delay
as possible occurring in the Chaplains now appointed proceeding to India, authorize
the Presbytery of Edinburgh, upon whom the Act of Parliament has laid the duty of
induction, to meet on Thursday the 28th May at ten o'clock, with power of adjourn-
ment, to expedite the same. — And the Assembly, further impressed with the import-
ance of considering the relation in which the Chaplains now appointed by the Grown
are to be placed ecclesiastically as regards the constituting of kirk- sessions, and the
modifying, if necessary, the representation of the Church in India in this House, as
fixed by the Act of Assembly 1814, appoint the following Committee (here names
to be inserted) to consider what steps ought to be taken with these views, and to
report before the close of the Assembly. — The Assembly desire also to record their
warm acknowledgments to Dr Bryce for his unwearied labours in all that regards
the best interests of the Church of Scotland in the East, and his successful exertions
in procuring so great an accession to our Ministers and Chaplains in India.
The Rev. David Rose of Ferry-Port-on-Craig was appointed to lecture and
preach before His Grace the Commissioner on the forenoon of next Lord's Day ; and
the Rev. Frederick L. Robertson of Bonhill to preach on the afternoon of that day.
The Genera] Assembly called for the Report of the Committee on the Conver-
sion of the Jews, which was given in and read by Professor Mitchell, the Convener.
It was moved and unanimously agreed to— That the General Assembly approve of
and adopt this Report, and gratefully record their sense of the Divine favour vouch-
safed to the plans and arrangements of the Committee, and to the exertions of the
Missionaries under their superintendence. — The General Assembly approve of the
measures taken by the Committee in carrying out the objects for which they were
appointed, and observe with much satisfaction that they have been able to supply the
wants of the Mission at Alexandria. — The General Assembly rejoice to learn from
the Report, the lively interest that continues to be taken in the Jewish Mission
by the Synod of Canada, and that there is a prospect of their co-operating with
the Committee in the i)rosecution of their important work in the East. The
52
ASSEMBLY 1859.— ABRIDGMENT.
General Assembly, considering the interesting facts brought out as to Con-
stantinople, and the opening there is for exertions among the Greek-speaking
Jews and other classes of the population, cannot doubt that the Church will liberally
respond to the call for funds, and earnestly recommend to the Committee to proceed
with the establishment of a Mission at that Station as soon as they are in a position
to do so. The General Assembly, while thankfully acknowledging collections
in a greater number of parishes than have ever before contributed to the support
of their Mission to the Jews, are yet obliged to notice with much regret that
the sum realized from these collections is less than the amount received during
previous years; and especially that there are still no fewer than 239 parishes,
exclusive of Chapels, where no collections have been made, during the year, in
behalf of the great and important cause entrusted to the Committee's care. The
General Assembly cannot but regard with deep anxiety the prospect of not being
able, from want of the necessary funds, to maintain or extend the Church's Mission
among the children of Abraham ; and therefore, while hereby renewing their most
urgent solicitations to all the Congregations of the Church to further, by liberal
contributions and fervent prayers, the spiritual welfare of God's ancient people, they
do hereby also enjoin every Minister of the Church to give his Congregation an op-
portunity of contributing in support of the Mission to the Jews. — The General As-
sembly agree to record their thanks to the Convener, and through him to the Com-
mittee, for their zeal and diligence in carrying on the business of the Mission
during the past year ; and reappoint the Committee, and Professor Mitchell as their
Convener, with power to sub-commit, and add to their number, and all other usual
powers.
The General Assembly remitted to Mr Nicholson of the Tron Church to take
charge of the requisite arrangements for the meetings for devotion in St Andrew's
Church, on the evenings of the two Sabbaths during the sittings of the Assembly.
The Assembly called for the Report on Psalmody. — Dr Arnot, the Convener,
reported verbally that the Committee had prepared a small collection of Hymns,
but were anxious, before bringing them under the notice of the Assembly, to have a
few additional members added to the Committee, to whom they might be submitted ;
to which proposal the Assembly agreed, and added accordingly.
The Commission from the University of St Andrews in favour of Principal Tul-
loch was sustained.
Certificate of bona fide Eldership in favour of the Ruling Elder from the Presby-
tery of Jedburgh produced, and he was authorized to take his seat as a Member of
this Assembly.
Committees of Bills and Overtures authorized to meet to-morrow half an hour,
and a quarter of an hour, respectively, before the meeting of Assembly.
Adjourned till to-morrow at eleven o'clock; which being publicly intimated, the
meeting was closed with prayer.
Sederunt. Saturday, May 21, 1859. SesB. 3.
Minutes of Thursday and Friday read and approved of.
Certificate of hona fide Eldership in favour of Dr Watson Wemyss, Commissioner
from the Presbytery of St Andrews, produced, and he was authorized to take his
seat as a Member of Assembly.
Reports from the Committees of Bills and Overtures given in and read.
Committees appointed to revise the Commission and Royal Bounty Records.
ASSEMBLY 1859.— ABRIDGMENT. 63
Beport of the Business Committee read and approved of.
The General Assembly proceeded to consider the Petition of certain Elders,
Communicants, and Sitters in the Church of Kildalton, agreeably to the decision
come to by the House to hold the said Petition as transmitted, reserving all questions
of competency. ^
Parties having been called, were heard and removed.
After reasoning, it was moved and seconded — That the Petition is incompetent,
and the General Assembly therefore refuse to receive the same.
Another motion was made and seconded — That the General Assembly hold the
Petition competent ; — and a vote beiog called for, it was agreed that the state of the
vote should be First or Second motion; and the roll being called, and votes marked,
it carried First motion by 128 to 36.
Parties called in, and the judgment intimated.
The General Assembly called for the Report of the Education Committee, which
was given in and read by Dr Cook (Haddington), the Convener. It was moved,
seconded, and unanimously agreed to — That the General Assembly approve of the
Report, and desire to express their thanks to Almighty God for the measure of
success which has attended the operations of the Committee, and for the extent to
which it has been the means of affording a sound Scriptural Education to many
districts which, but for its aid, would have been wholly without instruction. — The
Assembly learn with much satisfaction that the number of Schools on the Scheme is
increased, that they are efi&ciently conducted, and continue to be so numerously at-
tended.— The Assembly are gratified to learn that the Normal Schools are in a high
state of efficiency, as is satisfactorily evidenced by the large increase of the allowance
from Government on account of certificated Students. They approve of the exer-
tions of the Committee to extend, through the Boarding-House, the advantages of
Industrial instruction to the Female Students; and combined, as they trust such in-
structions always will be, with that religious and intellectual culture which ought
ever to be regarded as the most essential element in the training of a Teacher, they
anticipate that it will materially add to the value and usefulness of the Female
Schools of the country. — They record their thanks to the Convener and Committee
for their efficient and valuable services in the management of the Scheme during
the past year; and reappoint the Committee, — Dr Cook of Haddington, Con-
vener.
The Convener of the Education Committee then reported verbally respecting the
state of the School at Edderton (remitted to the Committee by a former Assembly),
that the building is in an unsatisfactory state, and the schoolmaster in a Lunatic
Asylum, and that no provision has been made for the education of the Children. —
The General Assembly appointed a Committee to consider what was most advisable
in the circumstances, — Mr Phin, Convener.
The General Assembly called for the Report of the Committee on Popery, which
was given in and read by Mr Robertson, Convener.
It was moved, seconded, and agreed to — That the General Assembly approve of
the Report of the Committee on Popery now read ; record the thanks of the House
to the Convener and Committee for the diligence and zeal with which they have fol-
lowed out the objects to which they were directed and authorized to attend, and also
to Alexander T. Niven, Esq., C.A., for the valuable assistance rendered by him in
reference to the statistical returns ; and considering that the respected Convener,
whose services had been so valuable, has resigned, remit to a Committee to consi*
64 ASSEMBLY 1869.— ABRIDGMENT.
der the propriety of uniting the Anti-Popery Committee to the Home MiBsion Com-
mittee, and to report to a future diet of Assembly, — Mr Phin, Convener.
The Assembly remitted to a Committee the References from the Presbytery of
Glasgow, &c., relative to applications from Dissenting Students of Divinity, with in-
structions to consider the same, and to report, — Dr Traill, Convener.
The General Assembly appointed a Committee for revising Constitutions of New
Churches, — Mr Cheyne, Convener.
The General Assembly adjourned till Monday the 23d inst^ at eleven
o'eloek.
Sederunt, Monday, May 23. Sees. 4.
The General Assembly did again convene, and was duly constituted.
The Minutes of last Sederunt were read and approved of.
The Reports of the Committees on Overtures and Bills were read.
The General Assembly directed that all Constitutions for New Churches be trans-
mitted to the Committee appointed on Saturday for revising the same.
The Report of the Business Committee was read and approved of.
The General Assembly called for the Report of the Committee on Parochial
Schools and Schoolmasters, which was given in and read by Dr Cook (St Andrews),
Convener.
It was moved, seconded, and agreed to— That the Report be adopted; the
thanks of the Assembly be recorded to the Convener and the Committee ; and that
the Committee be re-appointed, with the usual powers, in terms of the Report, — Dr
Cook and David Smith, Esq., Joint Conveners.
Committees appointed to examine Synod Books.
The draft of the Answer to the Queen's Letter was read and approved of. The
Moderator was authorized to sign the answer in name of the Assembly ; and His
Grace the Lord High Commissioner, on the application of the Assembly, undertook
to transmit the same to Her Majesty.
Draft of an .Address to the Queen on the termination of the Revolt in India,
and restoration of Peace, read by Dr Leishman, and approved of ; ordered to be
engrossed ; and, by direction of the House, the Moderator requested that the Lord
High Commissioner would do the Assembly the honour of transmitting the Address
to Her Majesty ; to which His Grace made a courteous reply agreeing to said request.^
The General Assembly called for the Report of the Colonial Committee, which
was given in and read by Dr Fowler, the Convener.
It was moved and seconded — That the General Assembly having taken into
serious consideration the heavy responsibilities involved in the trust so generously
committed to the Church by Her Majesty's Government, of recommending candi-
dates for Army Chaplaincies ; and learning from the Report now read, that a differ-
ence of opinion has arisen as to the propriety of the Moderator of the General
Assembly having a voice in the recommendation ; and further, considering the very
heavy expenses incurred in connection with the Parisian Congregation, and the
application of the Colonial Committee, in their Special Report, for a deliverance as
to the expediency of maintaining that station ; remit to a Committee to examine the
Minutes of the Colonial Committee, and, if necessary, to meet with the Committee
itself, with the view of ascertaining the steps taken by that Committee before re-
commending the several candidates already appointed ; of obtaining a detailed state-
ment of all the expenses connected with the Parisian Congregation, and of the mea-
A Printed Acts, No. IV.
ASSEMBLY 1859.— ABRIDGMENT. 55
sares employed for secaring supply for that CoDgregation ; the Committee to Report
to a future diet of Assembly.
Another motion was made and seconded — ^That the General Assembly approve
of the Report now read, reserving consideration of the Report relative to the Parisian
Mission ; renew the expression of heartfelt interest in the welfare of their country-
men in the Cblonies, and resolve to continue their efforts to supply the localities
that are destitute of them, with the means of grace and the consolations of the gospel.
In order to carry out this object, and to meet the increased expenditure which has
necessarily arisen, the General Assembly remit to the Colonial Committee to make
an earnest and urgent appeal to the members and friends of the Church for increased
liberality, not doubting that, when the emergency of the case is explained, the ap-
peal will be cordially responded to. — The General Assembly have heard with the
highest satisfaction that a considerable addition has been made during the past
year to the number of Chaplains in the Army, to superintend the religious and
moral welfare of Presbyterian Soldiers ; and feeling a very deep interest in this object,
instruct the Committee by all competent means to promote it. — The General As-
sembly record their thanks to the Convener and the other members of the Com*
mittee, for the fidelity, prudence, and care with which they have discharged the
important duties committed to them. — In reference to the allusion contained in the
Report to the appointment of Army Chaplains, the General Assembly resolve that
the recommendation of persons to fill this ofi&ce shall be vested jointly in the
Moderator of the General Assembly and the Conveners respectively of the Home
Mission Committee, the Colonial Committee, and the Committee on Indian Churches.
— Further, the General Assembly reappoint the Committee, and remit to the Com-
mittee to suggest at a future diet the name of a suitable person to fill the office of
Convener, vacant by the resignation of Dr Fowler.
A vote being called for, it was agreed that the state of the vote should be First
or Second motion ; and the roll being called and votes marked, it carried Second
motion by 141 to 44 — ^&om which judgment Mr Phin dissented in his own name, and
in the name of all who should adhere to him.
The General Assembly then proceeded to consider the Report on the Parisian
Mission.
After reasoning, it was moved, seconded, and agreed to — That the General As-
sembly appoint the following Committee {here follow the names)^ to confer with the
Colonial Committee as to keeping up the Paris Mission ; and, should this be recom-
mended, on the beat means of sustaining said Mission, and of extending, if deemed
advisable, the missionary operations of the Church to other important stations on
the Continent, and to consider the information that may be submitted to them, and
to report to a future diet of the Assembly, — ^Principal Tulloch to be Convener.
The General Assembly took up a complaint by the Rev. Alexander H. Irvine of
Blair-Athol against a judgment of the Synod of Perth and Stirling, in regard to the
duty of the Synod in recording the collections for the Schemes of the Church in the
Synod Books. Parties having been heard, it was moved, seconded, and agreed to.
That the General Assembly sustain the dissent and complaint, reverse the deliver-
ance complained of, and enjoin the said Synod, and all other Synods of the Church,
to comply with the provisions of the Act anent the recording of the collections for
the Schemes in the Synod Books.
The General Assembly had transmitted from their Committee on Bills an appeal
by the Rev. James Smith, Minister of GreyiHars Parish in Aberdeen, from a judg-
0
56
ASSEMBLY 1859.— ABRIDGMENT.
ment of the Synod of Aberdeen, of date the 13th April 1859, affirming a finding of
the Presbytery of Aberdeen, of date 22d February 1859, of the following tenor, viz., —
That whereas it is contrary to the constitution of the Church of Scotland, that
persons not regularly called, and declared qualified by the Church, should take upon
themselves the office of the Ministry of the Word, or meddle with any function
ecclesiastical : And whereas, by Act 6 of Assembly 1799, and Act 13 of Assembly
1855, Ministers are prohibited from employing or countenancing any such persons in
the teaching or ministry of the Word, in any of the Churches or Chapels in con-
nection with the Church : And whereas the Presbytery have learned that certain
individuals, neither ministers nor licentiates, nor even, it is believed, members of
the Church, have recently been occupying pulpits, and teaching or addressing con-
gregations in churches within the bounds of this Presbytery, both on Sabbaths and
other days of the week, — the Presbytery did, and hereby do, warn all Ministers,
Members of this Presbytery, and Ministers of Chapels of Ease within the bounds,
that such practices are contrary to the laws of the Church."
Parties being called, there appeared Mr Smith, with John B. L. Bimie, Esq.,
Advocate, his counsel ; and for the Synod, Drs Pirie, Paul, and M*Pherson.
From the permission to Mr Smith to appear at the bar, and to be heard both
personally and by counsel, the Earl of Selkirk dissented and took instruments.
The case having been partly heard, the General Assembly adjourned till half-
past 7 o* clock this evening.
Sederunt Eodem die, half -past 7 P.M. Sesa, 5.
The General Assembly did again convene, and resumed consideration of the ap-
peal by the Rev. Mr Smith, at the stage at which it was left at the former sederunt.
Parties having been fully heard were removed.
After reasoning, it was moved, seconded, and agreed to — That the General Assem-
bly dismiss the Appeal ; but with this declaration, that in affirming the judgments of
the Presbytery and Synod, they hold them as declaring only, that the practice of
preaching the Word of God, or of conducting the other solemn services of the sanc-
tuary, by persons not duly appointed to the office of the Ministry in the Church,
ought not to be countenanced by the Courts or Ministers of the Church.
The General Assembly had transmitted to them from the Committee on Bills a
Petition by the Eev. John Femie Thompson, Minister of St Leonard's Church, Perth,
with a relative Petition and Statement by the Presbytery of Perth. Parties having
been called, were heard and removed.
It was moved and seconded — ^Thatthe General Assembly having considered both
applications, and heard parties thereon at great length, refuse the desire thereof.
Another motion was. made and seconded — That the General Assembly having con-
sidered the Petition of the Presbytery of Perth relative to the afi^airs of St Leonard's
Chapel, find that the arrangements entered into between the Endowment Committee
and the Presbytery of Perth have proceeded on a certain degree of misapprehen-
sion, and therefore recommend the Endowment Committee to pay annually to the
Incumbent of St Leonard's Chapel the interest which may accrue upon the Fund
paid to them by the Presbytery of Perth.
The vote being called for, it was agreed that the state of the vote should be First
or Second motion, and on a division it carried First motion by 36 to 20.
The General Assembly adjourned till half-past 11 on Tuesday the 24th
May.
ASSEMBLY 1859.— ABRIDGMENT.
67
Sederunt. Tuesday^ May 24, 1859. Sees. 6.
The General Assembly did again convene, and was duly constituted.
The Minutes of last sederunt read and approved of.
The General Assembly agreed to present to Her Majesty a loyal, dutiful, and
affectionate Address on the recurrence of Her Birthday, and a Committee was ap-
pointed to prepare the same, and bring it before the Assembly in the course of the
day, — Dr Hill, Convener. His Grace the Lord High Commissioner, by desire of
the Assembly, was requested by the Moderator to transmit the same ; to which re-
quest his Grace made a gracious reply, agreeing to said request.
The Commission from the Burgh of Annan was produced and sustained by the
Assembly, and the name of Sir John Heron Maxwell, Bart., ordered to be added to
the Roll of Members.
Mr Phin read and gave in reasons of dissent from the decision of the Assembly
yesterday, refusing to appoint a Committee to examine the Records of the Colonial
Committee.
The General Assembly received the deputation from the Irish Church Mission,
consisting of the Rev. Alexander Dallas and the Rev. William Tait, who severally
addressed the Assembly.
It was moved and unanimously agreed to — That the Moderator convey to the
Deputation from the Irish Church Mission the cordial thanks of the Assembly for
the very interesting and gratifying communication they have made of the progress
and success of the Irish Mission ; and express to their reverend brethren the delight
with which the Assembly have received their visit, and the warmth of affection with
which the Church of Scotland sympathises in their missionary operations ; and that
they will not fail in their prayers earnestly to commend them, and the work in
which they are engaged, to the blessing of God.
The General Assembly had transmitted to them, from their Committee on Bills,
an Appeal by the Rev. Dr Lee, minister of Old Greyfriars Church, Edinburgh,
against a judgment of the Synod of Lothian and Tweeddale, of date 3d May 1859,
affirming a sentence of the Presbytery of Edinburgh, of date 26th April 1859, of the
following tenor, viz. — " The Presbytery of Edinburgh having received and considered
the Report of the Committee, given in at last meeting, in pursuance of the remit
made to them, of date 23d February 1859, find, —
" let. That the practice has been introduced into Old Greyfriars Church, Edinburgh,
of standing at the singing of psalms, and of kneeling at prayer, of which the Pres-
bytery disapprove, as inconsistent with the immemorial usage of the Church.
'* 2d, That the prayers are read by Dr Lee.
" 3d, That iJr Lee uses, and others officiating for him, in Old Greyfriars Church,
use a book, either in manuscript or printed, entitled, Prayers for Public Worship," a
copy of which was laid on the table of the Presbytery, and has now been reported on.
" 4th, That the order of service contained in said book, and in as far as it is ad-
mitted by Dr Lee to be an exponent of the mode in which he conducts the devotions
of the congregation, is at variance with the law and usage of the Church, in re-
spect,—
" That he commences the service with the reading of verses of Scripture, as an
introduction to the devotional exercises.
*^ That, after the confession of sins, certain passages of Scripture are read, styled
** Comfortable Words," and which may be regarded as occupying the place of what
is termed the absolution" in other liturgies.
H
66
ASSEMBLY 1859.— ABRIDGMENT.
That the prayers are broken into fragments ; and although Dr Lee explains that
in using them he gives them a continuous form, yet from iheir structure, each short
prayer being complete in itself, it is impossible to give them that real unity which
is agreeable to the law and practice of the Church.
That in the use of this form the people are directed to say " Amen" audibly at
the close of each prayer, — all which being innovations unknown to this Church, and
unauthorized by it, the Presbytery enjoin, as they do hereby enjoin, Dr Lee to dis-
continue the same, and to conform in future to the order and form of public worship
as established in the Directory of Public Worship, confirmed by Acts of Assembly,
and presently practised in this Church."
The Assembly agreed to hold the name of Dr Amot, on page 10 of the printed
paper, as also the whole of the document on pages 10, 11, 12, entitled ''Reasons of
Appeal,'' and subscribed by Dr Bryce and Dr Arnot, as forming no part of the fie-
oord, they not having appealed.
Parties being called, compeared the appellant Dr Robert Lee for himself, and for
the Synod Dr James Grant and Mr Adam Duncan Tait; and having been partly heard,
the Assembly adjourned at half-past five, to meet at eight o'clock in the evening.
Sederunt Eight o'clock P.M. Sess. 7.
The General Assembly met according to adjournment, and was duly constituted.
The Assembly resumed hearing parties in the appeal by the Rev. Dr Lee ; and
having been fully heard they were removed.
It was moved and seconded — That the General Assembly sustain the Appeal, and
recall the judgment of the Synod, in so far as the same affirms simpliciter the judg-
ment of the Presbytery of Edinburgh, pronounced on the 26th April 1859; but
find it established by the Report of the Committee of the Presbytery of Edinburgh,
referred to in this judgment, and by the admissions of Dr Lee and certain Mem-
bers of his Eirk-Session, that the prayers in the services of Greyfriars Church are
read by Dr Lee from a book, either in manuscript or printed, entitled " Prayers for
Public Worship," a copy of which was laid on the table of the Committee, and is now
laid before this House : find that this practice is an innovation upon and contrary
to the laws and usage of the Church in the celebration of public worship ; and the
Assembly enjoin Dr Lee to discontinue the use of the book in question in the ser-
vices of his Church, and to conform, in offering up prayer, to the present ordinary
practice of the Church.
It was also moved and seconded— ^That the General Assembly, having heard
parties, and after reasoning, dismiss the appeal, and so far affirm the judgment of
...the Synod as to find, —
IsU That the reading of forms of prayer is not in accordance with the Directory
for the public worship of God, and is contrary to the practice of this Church.
2dlyi That whilst the order of public worship, as stated in the Directory, begins
with prayer, it has become the general usage in this Church to begin with singing.
3c2Zy, That whilst the Directory prescribes nothing as to the position of the
worshippers during the devotional exercises of Praise and Prayer, the practice of
sitting during the former and of standing during the latter exercise has become the
general practice. The General Assembly do therefore enjoin the Rev. Dr Lee to
discontinue the practice lately introduced by him of reading forms of prayer in the
public worship of God, and do further earnestly recommend to him to conform to the
common usage of the Church in regard to the manner of conducting public worship.
ASSEMBLY 1859.— ABRIDGMENT.
69
The vote being called for, it was agreed that the state of the rote should be First
or Second motion ; and the roll being called, and rotes marked, it carried First motion
by 140 to 110.
Dr Hill produced and read draft of Address to her Majesty, agreed to at the
forenoon's sederunt, which the Assembly approved of, and ordered to be engrossed.^
The General Assembly adjourned till 11 o'clock, Wednesday, the 25th.
Sederunt. Wednesday ^ 2b(h May. Seas. 8.
The General Assembly did again convene, and was constituted.
Minutes read and approved of.
A Committee appointed to consider the arrangements most proper to be adopted
in regard to the doorkeepers, and all other matters affecting the good order of the
Ebuse, — Mr Cheyne, Convener.
Mr Henry Wallia Smith at Durrisdeer appointed to lecture and preach before his
Grace the Lord High Commissioner on the forenoon of Sabbath next, and Mr George
Hutchison at Banchory-Teman on the afternoon of same day.
The Committee on Business gave in a Report, which was approved of.
Report of Committee for revising the Royal Bounty Record read and approved
of, and the Record authorized to be attested.
Reports of Committees for visiting the Synod Books of Shetland and Dumfries
read and approved of, and the Records directed to be attested in terms thereof.
Synod Book of Angus and Mearns laid on the table, and a Committee appointed
to visit the same.
A letter was read, addressed to the Moderator, by Rev. Dr Robertson, ten-
dering his resignation of the office of Convener of the Endowment Committee. The
General Assembly heard with the deepest pain and regret the letter, and appointed
a Comnuttee — Lord Belhaven to be Convener — to wait on Dr Robertson, and to
express to him this their unanimous feeling, and to urge on him their equally unani-
mous and most earnest desire and request that he will reconsider the resolution
intimated in his letter. The General Assembly desire, at the same time, to re-
cord their continued and entire confidence in Dr Robertson, and their strong
conviction, that if he shall be induced to comply with the unanimous wish of the
House, his great enterprise will ultimately be carried to a successful issue ; and
the General Assembly further record their determination to use every means in
their power to aid him in his efforts.
The General Assembly called for the Report of the Committee on the duties
and emoluments of the Clerks, which was given in, read, and approved of, and the
Assembly directed it to be printed along with the Acts of Assembly.^ .
The General Assembly proceeded to the election of a Sub-Clerk of the Assem-
bly, when Dr John Cook, Minister of Haddington, and Dr James Macfarlane, Mi-
nister of Duddingston, w^e severally proposed for that office ; and the vote being
called for, it was agreed that the state of the vote should be " Dr Cook" or "Dr
Macfarlane ;" and the roll being called, and votes marked, it carried ^* Dr Cook'* by
228 to 83. The General Assembly therefore did, and hereby do, nominate, con-
stitute, and appoint the said Dr Cook to be Sub-Clerk to the General Assembly
and Commission thereof^ and Clerk to the Committee for managing the Royal
Bounty ; and the said Dr Cook being called in, and the oath de fideli adminiatra-
tiane ofidi administered to him, he took his seat at the Assembly table.
1 Printed Acta^ Now V. Printed Aeti^ p. 43.
60
ASSEMBLY 1859.— ABRIDGMENT.
The General Assembly authorized the Committee on Bills to meet to-morrow,
half an hour before the meeting of Assembly.
The General Assembly called for the Overture anent the Annuity-Tax, which
was read. It was moved and seconded — That the General Assembly approve of the
Overture, and that a Committee be appointed to represent to Parliament, and
more especially to^Her Majesty's Government, the importance of adopting such
measures as may both keep up the present number of City Ministers, and preserve
to them, under any substitution that may be made for the Annuity-Tax, if the
same shall be abolished, the full average of the annual incomes which they now
enjoy. Another^motion was made and seconded — That a Committee be appointed
to represent the case to Parliament, and more especially to Her Majesty's Govern-
ment, and to confer with all parties interested, to obtain a fair and equitable ad-
justment of the Annuity-Tax.
The Second motion" was, with the leave of the House, withdrawn, and the First
motion was adopted. Principal Barclay craved and obtained leave to dissent from
the adoption of said motion in his own name, and that of all who should adhere to
him ; to this dissent adhered Mr Mossman.
The Report of the Committee on Correspondence with the Synod in England
in connection with the Church of Scotland, was given in and read by Dr Hill.
A Letter from the Synod to the Venerable the General Assembly was also read, con-
taining the annual statement respecting the Churches and proceedings of the Synod,
and a deputation from the Synod, consisting of the Rev. Lawrence Macbeth, the Rev.
John Orr, and John Andrews, Esq., to whom the Letter had been entrusted, was in-
troduced to the Assembly. Mr Macbeth and Mr Orr being called upon, then se-
Terally addressed the Assembly. Thereafter it was moved and unanimously agreed
to, That the Moderator be requested to express to the Rev. Messrs Macbeth and
Orr the gratification with which the very interesting Letter of which they had been
the bearers had been received and their addresses heard ; and that the Moderator
be further requested to prepare an answer to the Letter, assuring our brethren of
the Scottish Synod in England of the deep and affectionate interest which the
General Assembly take in their welfare and success. The Assembly also approved
of the Report of the Committee, and agreed to reappoint the same, with additions.
It was further moved and unanimously agreed to— That the important sug-
gestion that young men who had completed their undergraduate course at Oxford
or Cambridge Universities, or King's College, London, and taken the degree of B.A.,
should be admitted to the Divinity Hall of a Scottish University, in the same
manner as if they had passed through a course of Arts at such University, should
be remitted to a Committee to consider and report on the same to this General
Assembly, — ^Dr Hill to be Convener.
The Reports of Committees for visiting the Synod Books of Ross, Angus and
Meams, and Lothian and Tweeddale, were given in, read, and approved of, and
the Records directed to be attested in terms thereof.
The House adjourned, to meet at 8 o'clock.
Sederunt 8 o'clock. May 25, 1859. Sees. 9.
The General Assembly did again convene.
The Assembly took into consideration the petition of the Synod of Glenelg, for
a change in the day of meeting from the last Wednesday of July to the first Wednes-
day of May. It was moved and unanimously agreed to — ^That the meeting of the said
ASSEMBLY 1859— ABRIDGMENT.
61
Synod should be altered to the third Wednesday of April ; and the General Assembly
enacted accordingly.!
Leave was granted for a meeting of the Committee of Overtures at a quarter
before 11 to-morrow.
The Assembly next called for the Report of the Committee on Correspondence
with Foreign Churches, which was given in and read by Mr Robertson, the Convener.
Monsieur Boucher was introduced to the Assembly, and heard as Representative
of the Central Society of France.
It was moved and unanimously agreed to — That the General Assembly, having
heard the Report of the Committee on Correspondence with Foreign Churches,
approve of the Report, and commend the diligence of the Committee: Express
their cordial satisfaction at the information conveyed by the Report of the continued
success of the Protestant Churches on the Continent of Europe, and deeply sym-
pathise with the Church of Piedmont, which is now exposed to the dangers accom-
panying the occupation of their country by foreign armies. The General Assembly
commend this old and deeply-tried Church to the protection of that Almighty arm
which has hitherto so signally supported them. — The General Assembly have heard
with deep interest the address of the Rev. Philip Boucher, the representative of the
Central Protestant Society of France. They gladly welcome his reappearance in
the General Assembly as a renewed assurance of the affectionate interest with
which our Church is regarded by the Protestant Church of France, — request the
Moderator to convey their thanks to Monsieur Boucher, and through him to return
the Protestant Churches of France the assurance of the deep interest and regard of
the Church of Scotland in their welfare. — The General Assembly reappoint the
Committee, the Rev. W. [Robertson to be Convener ; authorize the Committee to
take the requisite means for raising funds by collections through the Church or
otherwise, and to apply the same as the Committee may advise, and to report to next
General Assembly.
ITie Overtures anent Innovations on Public Worship were called for, and those
from the Synod of Merse and Teviotdale, and the Presbytery of Kirkcaldy, read.
It was moved that the Overtures be transmitted to a Committee, that the sub-
ject referred to in the same may be duly considered with a view to such regulation
of the form of religious worship as (without unduly restricting ministerial liberty,)
might secure a substantial uniformity in the Church ; and to report their suggestions
to next General Assembly. It was also moved to the same effect, but that
the Committee report their suggestions to this Assembly. This motion was, with
the leave of the House, withdrawn.
It was also moved that the Overtures be dismissed ; — and a vote being called for,
it was agreed that the state of the vote should be First or Second motion ; and the
vote being called, and votes marked, it carried First motion ; whereupon the
Assembly resolved in terms of First motion, and a Committee was accordingly
appointed, — Dr Robertson, Convener.
The Overture from the Synod of Orkney anent Defunct Presbyteries was called
for and read.
An Overture by the General Assembly on the subject, to be transmitted to Pres-
byteries, was read and approved, and in the meantime passed into an Interim Act.''
The General Assembly next took up the Petition of the Presbytery of Lewis for
the appointment of Associate Members to said Presbytery, in consequence of two of
1 Printed Acts, No. VIII. ' Printed Acta, No. IX.
62
ASSEMBLY 1859.— ABRIDGMENT.
the members being disqualifiedt by relationBhip with the parfey» from acting in a
case of discipline respecting a Parochial Teacher, the one being the father* and
the other the brother-in-law, of the accused. The Assembly agreed to grant the
prayer of said petition, and appointed the Rey. William Sutherland of Dingwall, and
the Rev. Archibald Clark of Kilmalie» failing either of whom, the Rev. Roderick
Nicholson of Applecross, to act as Associate Members in the case referred to.
The General Assembly adjourned till 11 o'clock on Thursday the 26th May.
Sederunt. Edinburgh, Thursday, May 26, 1859. Sese. 10.
The General Assembly did again convene and was constitujied.
The Minutes of last sederunt read and approved of.
Reports of the Committees on Overtures and Bills given in and read.
All the Constitutions of Churches menti(»ied in the Report of the Committee on
Bills were referred to the Committee on the Constitutions of New Churches.
A Report was given in and read by the Rev. Dr Smith, Tolbooth, Convener of
the Committee for improving the accommodation of the Assembly, stating that the
Committee had purchased the buildings immediately adjoining the Assembly Hall.
The report was approved of.
The Report of the Committees for visiting the Synod Books of Moray and
Galloway given in, read, and approved of, and the Records ordered to be attested in
terms thereof.
The General Assembly called for the Report of the Committee for Propagating
the Gospel in Foreign Parts, which was given in and read by Dr Craik, the Convener.
It was moved, seconded, and unanimously agreed to — ^That the General Assembly
approve of the Report of the Committee on Foreign Missions, given in and read by
the Rev. Dr Craik, Convener ; commend the diligence with which the Committee
have directed their attention to the instructions of last General Assembly; and further
instruct the Committee to consider whether the time may have arrived for transfer-
ring the Educational operations of the Mission, in whole or in part, to stations in the
interior, the education being conducted by European teachers and natives under the
superintendence of an ordained European missionary ; recommend to the Committee
to continue to watch the bearing of public events on Education in India, with a
view to secure the encouragement of every means conducive to the conversion of the
natives to the Christian faith ; regard with satisfaction the circumstajice that six
Students of IXvinity have offered their services as Missionaries, and sanction the
proposed proceedings with respect to the trial for license and ordination of four of
these Students, by their Presbyteries, on the understanding that as Missionaries of
this Church they place themselves under that kind of training which the Committee
may direct, in order that they may be early qualified for preaching the Gospel to the
natives, to which labour their exertions are ultimately to be exclusively devoted ;
express the hope that the Probationers of the Church, and Students of Divinity,'
may be led to consider how far they are summoned to engage in the work of Mis-
sionaries to India; observe that there is an increase of the income as compared
with that of some past years, but urge on all the Ministers of the Church the neces-
sity of taking a deep interest in the objects of the Mission, so that the contributions
may greatly exceed those which have ever yet been given ; reappoint the Com-
mittee, with Dr Craik, Convener, and express to him, and through him to the Com-
mittee, their thanks for the zeal, industry, and fidelity with which the business of
the Scheme has been conducted.
ASSEMBLY 1859.— ABRIDGMENT.
63
The ABsembly appointed a Committee to consider what improyement may be
made on the " Missionary Record,"' and under what regulations it ought to be con-
ducted— ^the Rev. Mr Nicholson of the Tron Church to be Convener.
The General Assembly had transmitted to them» by their Committee of Bills, an
Appeal by the Rot. Angus M'Intyre, of Kinlochspelvie, also Dissent and Complaint
by the Rev. Donald McDonald, of Kilmeny, against certain deliverances of the Pres-
bytery of Islay and Jura, of date 20th April 1859, disposing of the Objections stated
to the settlement of the Appellant ; also against a deliverance of said Presbytery
of the same date, finding that the Appellant was not a qualified and suitable person
to be Minister of the Parish of Kildalton.
The General Assembly proceeded to take up said Appeal and Dissent and Com-
plaint ; and parties having been called, there appeared for the Appellant, A. Ruther-
fnrd Clark, Esq., advocate, Crawfurd Hill, Esq., advocate, and Alex. MoncriefF, Esq.,
advocate; for the Dissentient, John F. Maclennan, Esq., advocate ; for the Objectors,
Hamilton Pyper, Esq., advocate, Andrew Beatson Bell, Esq., advocate, and John
Burnet, Esq., advocate ; for the Presbytery, the Rev. James Dewar of Oa, and the
Rev. James Dewar of Kilchoman.
Mr Moncrieff was heard for the Appellant, and the Assembly adjourned at 6
o^clock, to meet at 8 o'clock this evening.
Sederunt. 8 o^clock p.m., Thursday. Sess. 11.
The General Assembly did again convene and was duly constituted.
Parties at the bar, in the Kildalton case, resumed ; and having been heard, were
removed.
It was moved and seconded — That the General Assembly having heard parties,
dismiss the Appeal and Dissent and Complaint, and affirm the judgment of the Pres-
bytery upon the third objection, in so far as the said judgment finds that the dis-
courses were not edifying; that the subjects for the most part were disconnected with
the texts ; and that the discourses themselves were not connected one part with an-
other;''— Sustain the Appeal and Dissent and Complaint in so far as the judgment
finds other objections proven ; but in respect of the above deliverance in regard to the
third objection, the Assembly further affirms the judgment of the Presbytery, finding
iliat the Appellant is not a qualified and suitable person for the functions of the
ministry in the Parish of Kildalton, and ought not to be settled in the same.
Another motion was made and seconded — Sustain the Appeal ; reverse the judg-
ment of the Presbytery finding the Presentee unqualified to be Minister of Kildalton;
and remit the cause to the Presbytery, with instructions to proceed with the settle-
ment of ihe Presentee according to the laws of the Church.
A third motion was made and seconded — That, in so far as the sermons of the
Presentee, as preached by him at Kildalton, were never laid on the table of the Pres-
bytery, as required by the regulations for the working of the Church Benefices Act,
declare the whole proceedings null from the time that the Presentation was sus-
tained, and direct the Presbytery to proceed thenceforth de novo according to
the laws of the Church.
This motion was, with the leave of the House, withdrawn, and a vote being called
for, it was agreed that the state of the vote should be First or Second motion ; and
the Roll being called and votes marked, it carried First motion by 102 to 95.
The Assembly therefore resolved in terms of said first motion ; whereupon it was
64
ASSEMBLY 1869.— ABBIDGMENT.
moved and agreed to — That intimation of the vacancy be made to the Patron, and
also to the Presbytery of Islay and Jura.
From the above judgment Dr Lee dissented, in his own name, and in the name
of all who should adhere to him ; to which dissent Principal Barclay and the Rev.
James Welsh adhered.
Mr Dewar of Oa, on the part of the Presbytery, acquiesced in the judgment, took
instruments, and craved extracts ; and Mr William Mason, S.S.C., for the Objectors,
acquiesced, took instruments, and craved extracts.
The Assembly adjourned, to meet on Friday at 11 o'clock.
Sederunt. Friday, May 27, 1859. Seas. 12.
The General Assembly did again convene and was constituted.
The Minutes of last sederunt were read and approved of
Dr Bryce craved leave to adhere to the dissent of Dr Lee against the deliverance
of last night in the Kildalton case ; which the Assembly refused, in respect that he
had not been present at the vote.
The Convener of the Committee appointed to confer with Dr Robertson inti-
mated that a written report would be given in on Monday.
The Report on the Widows' Fund was given in and read by Rev. Dr Grant, the
Collector, The Representatives of the Presbytery of Alford craved and obtained
leave to withdraw the Overture from said Presbytery ** anent the Report of the
Ministers* Widows* Fund."
It was moved, seconded, and unanimously agreed to — That the General Assembly
approve of the Report; express their renewed sense of the ability, faithfulness, and
kindness with which the respected Convener continues to discharge his duties; and
request the Moderator to convey their thanks from the Chair. The Moderator
tendered their thanks accordingly.
The Report of the Lay Association was given in and read by the Clerk.
It was moved, seconded, and unanimously agreed to — That the General Assembly
receive the Report with high satisfaction, and gratefully acknowledge the deep in-
terest taken by the Lay Association in the prosperity of the Five Schemes of the
Church, and the valuable assistance received from that body during so many years.
The General Assembly receive with much pleasure the report of the intercourse held
by the Association during the past year with the members of the Church in England,
and they rejoice in the assurance that that intercourse has not been without good
results. They trust to receive again, during the coming year, the cordial assistance
and co-operation of the Lay Association, in the eflTorts of the Committee appointed
by the General Assembly during its present sitting for promoting increased com-
munion with the brethren in England. The General Assembly learn with satis-
faction that the Association contemplate during the coming year establishing addi-
tional Provincial Branches ; and they renew the strong recommendation formerly
given to all Ministers and other members of the Church, and to the Colonial Com-
mittee, to aid in the formation of the contemplated branches of the Lay Association,
and also recommend to Presbyteries to extend to that body their cordial co-operation
and assistance.
The General Assembly called for the Report of the Committee appointed to draw
up a tribute of respect to the memory of thd late Principal Lee. The following was
given in and read by Dr Hill, Convener, and approved of : —
For no less a period than thirty-three years, Principal Lee held the situation
ASSEMBLY 1859.— ABRIDGMENT.
66
of one of the Clerks of the General Assembly, and to the fulfilment of the duties
of that important office he brought qualifications pf a superior kind.
In intimate and profound acquaintance with the history, the laws, and the con-
stitution of the Church of Scotland, he was altogether unrivalled ; and having been
blessed, by the Author of his being, with a quick and retentive memory, he was never
at a loss, when opportunities occurred, to apply his extensive knowledge to the ser-
vice of the Church. Hence Principal Lee was an authority in all ecclesiastical
matters, to which the utmost deference was justly paid ; and the death of so able
and sage a counsellor, full both of years and of honours, is a dispensation of Divine
Providence to which it becomes us submissively to bow, but over which the General
Assembly, so long dignified by his presence, and aided by his wisdom, has cause to
mourn. To the eminent and varied attainments of Principal Lee, to his high
standing in the literary and intellectual world, and to the distinguished places which
he held successively in most of the universities of the land, it is unnecessary to do
more than allude.
But there is one subject which cannot be omitted when referring to the relation
in which Principal Lee stood to the Assembly, because it illustrates in a very strik-
ing manner what a powerful hold the language of the Holy Scriptures, and the
truths which they contain, had taken of the Principal's mind. In the Records of
the General Assembly there are not a few Pastoral Addresses, issued by the As-
sembly's order, but well known to have been written by Principal Lee. No one
can read them without admiring their Scriptural character, and their peculiar solem-
nity and impressiveness. They are precious to the Church of Scotland, not only
from their intrinsic value, but also as memorials of the living faith which actu-
ated Principal Lee ; and they may, through the blessing of God, be a means of
realizing in his case what is said by an Apostle respecting Abel, Though dead he
yet speaketh."
The Moderator was requested to transmit a copy of the above tribute to Mrs
Lee, along with a letter expressing the deep sympathy felt by the General Assembly,
with her and the other members of the late Principal's family, in the painful bereave-
ment with which it has pleased Almighty God to visit them.
It was also moved, seconded, and unanimously agreed to, — That the admirable
Pastoral Addresses alluded to should be collected and published in a small volume,
as a further tribute of respect on the part of the General Assembly to a name which
this Church can never cease to revere, and in the confident expectation, that by
rendering these Addresses accessible to the public, an important service will be done
to the cause of religion, and a fitting memorial preserved of the relation in which
their distinguished author stood to the Church of Scotland. A Committee (Dr
Robertson, Convener), was appointed to carry out this Resolution.
The General Assembly called for the Report of the Committee on proposed New
Regulations for the guidance of Presbyteries in acting under the Scotch Benefices
Act, which was given in and read by Dr Leishman, Convener, and the proposed
New Regulations were laid on the table. The Overtures relating to this subject
were also read.
After difi^erent Members had been heard, it was moved and seconded — That the
General Assembly now proceed to consider, clause by clause, the Act of Assembly
respecting the Induction of Ministers, along with the corresponding clauses of the
proposed Overture.
Another motion was made and seconded — That the Report be recommitted aim-
I
66
ASSEMBLY 1869.— ABRIDGMENT.
plidter to the Committee, witti instrbctions to bring it up to next Gerieral AsBem-
bly, with Buch alterations, if any, m they inay see fit.
The vote behig called for, it was agreed that the House go to a division ; and
the House having divided, it carried First motion by 74 to 71. The Act and the
proposed Regulations were then read diiuse by clauiie, lis resolved by the House ;
and 1st clause of the New Regulations wda approved as it stood ; the 2d, 3d, 4th,
and 6th clauses were approved of as altered by the House ; the 6th clause was ap-
proved of without alteration. The Assembly referred the consideration of the re-
maining clauses to a Committee, to meet to-morrow at 9, and report — ^Dr Robertson,
Convener.
The Committee of Overtures was authorized to meet to-morrow, a quarter of
an hour before the meeting of Assembly.
The Assembly adjourned, to meet to-moirow at half-past 10.
Sederunt Saturday, May 28, 1859. Seis. 13.
The which day the General Assembly did again convene, and was constituted.
The Minutes of last sederunt were read and approved of.
The Report of the Business Committee was given in by Dr Hill, and approved of.
Dr Hunter, on the part of the Colonial Committee, recommended to the General
Assembly Dr William Stevenson, Minister of South Leith, as Convener of said Com-
mittee, and he was accordingly appointed to that office.
It was moved and unanimously agreed to — That the Moderator be requested to
write a Letter, in name of the Assembly, to the Synods in connection with the Church
in the Colonies, expressing the deep interest which the Church at home continues
to take in their welfare.
The General Assembly called for the Report of the Committee on Aids to Devo-
tion, which was given in and read by Dr Crawford, the Convener, who also laid on
the table a few copies of the Prayers for Social and Family Worship, which the
General Assembly of last year allowed the Committee to publish if they should see
cause.
Various Members having been heard on the subject, it was moved, seconded,
and unanimously agreed to — That the General Assembly approve of the diligence of
the Committee in prosecuting the importan twork entrusted to them: reappoint
the Committee, with additional members — Dr Crawford to be Convener — and give
them power, as formerly, to add to their number. In regard to the Collection of
Prayers accompanying the Report, the General Assembly reserve, in the meantime,
any deliverance upon their merits ; remit them to the Committee for such revision
and amendment, in any future edition that may be issued, as may to the Committee
appear advisable, and earnestly recommend that the Ministers of this Church, and
all interested in the work entrusted to this Committee, would communicate to the
Convener such suggestions as maybe calculated to render this volume of Aids to De
votion more useful and acceptable to the several parties for whose use it is designed.
The General Assembly next called for the Report of the Home Mission Com-
mittee, which was given in and read by Dr Crawford, Convener, and several Mem-
bers were heard on the subject. It was moved, seconded, and unanimously agreed
to, — That the Report be approved of and adopted ; and that while the General Assem-
bly, on the one hand, deeply lament the large deficiency of revenue to meet the re-
quired expenditure for the past year, they regard, on the other hand, with the
highest satisfaction, the extension of the operations of the Committee. The General
ASSEM3iiY 1859.— ABBIDQMENT.
67
ABsembly agree to record to the C!onyener and Committee the warmeat thanks of
the Assembly for the fidelity and ability with which they have discharged ihe highly-
onerous trvist committed to them ; reappoint the Committee, with power to add
to their nomber, Dr Crawford to be Convener ; and as it is of paramount importance,
not only to make proper provision for maintaining in full efficiency the nuiperou3
Chapels and Mission Stations, requiring for that end considerable assistance from
the Church at large, but also to meet the applications for aid in new and clamant
cases ; and, moreover, to extend the operations under the Church Building branqh
of the Scheme in many necessitous districts in which such provision is urgently
called for, involving an expenditure greatly beyond the ordinary income of the
Scheme ; the General Assembly most anxiously and affectionately recommend to
all the Ministers, Members, and Friends of the Church, to give to this great and
important missionary enterprise, with which the strength and wellbeing of the
Church, and the most momentous interests of the country are so intimately united,
their fervent prayers and largely- increased support. It was further agreed, in
order to meet the excess of expenditure during the past year, and to enable the
Committee in some measure to provide for the extended operations which they are
so pressingly required to undertake, to authorize an Extra Collection to be made in
all the places of worship in connection with this Church, betwixt and the next sit-
ting of the Assembly, and to remit to the Joint Committee on the Schemes to fix a
convenient day for such Extra Collection.
His Grace the Commissioner intimated to the Assembly, that he had received
from the Secretary of State for the Home Department a letter, stating that he had
had the honour to lay before the Queen the answer of the General Assembly of the
Church of Scotland to Her Majesty's most gracious Letter, and that Her Majesty
was pleased to receive the same in the most gracious manner.
The Report of the Committee on Chapel Debts was given in and read by
Professor Swinton, Convener. It was moved, seconded, and unanimously agreed
to — That the General Assembly approve of the Report, and record the thanks of the
Assembly to the Committee ; and in respect of the urgent necessity for sufficient
funds being collected without delay, to enable the Church to benefit by the liberality
of the Ferguson Trustees, the Assembly, in the most earnest manner, recommend
the objects of the Committee to the liberality of the members and friends of the
Church ; and appoint a general collection to be made in aid of its funds, on some
Sabbath to be fixed by the Joint Committee, and to be specially intimated in an Act
appended to the Act of Assembly appointing the annual collection for the Schemes
of the Church.* Reappoint the Committee, — Professor Swinton to be Convener.
The Report of the Committee on the Examination of Students was given in and
read by Dr Hill. It was moved, seconded, and unanimously agreed to — That the
Abstract, which the Report contained, of the Acts of Assembly presently in force in re-
gard to the Study of Divinity, Licensing of Students, &c., should be transmitted as an
Overture to Presbyteries, with a view of embodying the Acts of the Assembly pre-
sently in force relating to the Education and Licensing of Students, along with certain
suggestions for their improvement made by the Committee, and formerly trans-
mitted by the Assembly for the consideration of the Presbyteries of the Church ;
and that the thanks of the House be given to Dr Hill for the great trouble he had
taken.2
The Report of the Committee on the Amalgamation of the Committee on Popery
» Printed Acta, No. XIV. • Printed Acts, No. X.
68
ASSEMBLY 1869.— ABRIDGMENT.
with the Home Mission Committee was given in and read by Mr Fhin, the Convener.
It was moved and seconded — That the General Assembly remit to the Royal
Bounty Committee and to the Home Mission Committee the whole of the Mis-
sionary work carried on by the Church within Scotland ; discharge the present
Anti-Popery Committee, and appoint another Committee to watch over the interests
of Protestantism, and to report to the Commission, or to next General Assembly, on
any public questions affecting those interests that may seem to them to require the
interference of the Church.
A second motion was made and seconded — That the General Assembly, having
heard the Report of the Committee on the Amalgamation of the Popery with the
Home Mission Committee, approve of that Report, and find that it is not expedient,
at present, to amalgamate the two Committees ; reappoint the Anti-Popery Com-
mittee, to be Convener ; and authorize the Committee to take such
measures for collecting funds as they may consider expedient, subject always to the
sanction and concurrence of the Committee appointed to regulate the stated collec-
tions on behalf of the Six Schemes of the Church.
A third motion was made and seconded — That the General Assembly, in the
circumstances, appoint a Special Committee to inquire into the whole matter, — to con-
sider the operations of the Committee, — and how far such operations might be con-
ducted in a less objectionable form. The General Assembly appoint said Committee
to report to the Commission, and authorize the Commission, if they shall see cause,
to recommend the matter to the favourable consideration of the Church.
A fourth motion was made and seconded — That the Committee on Popery be not
reappointed.
The First motion was, with the leave of the House, withdrawn ; and it was agreed
that a vote should be taken between the Third and Fourth motions, when it carried
Third motion by 33 to 12. The vote was then taken between the Second and Third
motions, when it again carried Third motion by 37 to 13. Whereupon the General
Assembly found in terms of Third motion, and a Committee was appointed accord-
ingly,— Dr Robertson to be Convener. From which deliverance Dr Hill, Dr Hunter,
and Mr Macrae dissented for themselves, and for all who may adhere to them, for
reasons to be given in.
The General Assembly called for the Overture anent the Tricentenary of the
Reformation in Scotland, which was read. A Report from the Committee on the
same subject, appointed by the Commission of last General Assembly, was also read.
Dr Hill moved the adoption of the Overture, and the appointment of a Committee
in consequence, which was seconded, and unanimously agreed to. The Committee
to be named on the meeting of the House on Monday.
The General Assembly called for the Report on Gaelic Scriptures, which was
given in and read by Dr Smith of Inveraray. It was moved, seconded, and unani-
mously agreed to — That the Report be approved of, and a Committee appointed to
communicate with Her Majesty's Government respecting the means of obtaining for
the Gaelic Scriptures that protection which is given to them in English, with power
to make the necessary arrangements for carrying the object into effect. A Com-
mittee was appointed — Dr Smith, Convener.
The General Assembly called for the Report of the Committee on Graelic Preach-
ers, which, in absence of Mr John M*Intyre of Kilmonivaig, the Convener, through
indisposition, was given in and read by Mr Malcolm M'Intyre of Boleskine. It was
moved and agreed to — That the General Assembly approve of the diligence of the
ASSEMBLY 1869.— ABRIDGMENT.
69
Committee; reappoint with additions — Mr John M'Intyre of Kilmonivaig, Con-
Tener ; recommend the matter for their consideration, and to report to next As-
sembly.
The General Assembly adjourned till Monday, at half-past 10 o'clock.
Sederunt. Monday, May 30, 1859. Sesa. 14.
The General Assembly did again convene, and was constituted.
The Minutes of last sederunt were read and approved of.
Reasons of Dissent from the Deliverance of the General Assembly, in reference
to the Anti-Popery Committee, were given in and read by Dr Hill, and were con-
curred in by Dr Hunter, Dr Duguid, and Francis James Cochran, Esq.
A Letter in their name by Dr J. F. Revel, President of the Synod of the Vaudois,
assembled at Tour, addressed to the Moderator of the General Assembly of the
Presbyterian and Established Church of Scotland, was given in and read ; and the
Answer of the Moderator thereto was read by him from the Chair, and approved of
by the Assembly.
The General Assembly passed the Act appointing Collections for the Schemes
of the Church ; and authorized the Clerks to arrange the announcements of further
Collections in the manner most likely to bring them sufficiently under the notice of
the Church.^
The General Assembly next took up the reference from the Presbytery of Edin-
burgh, with respect to Mr Alexander Walker, a missionary in India, who had re-
ceived license and ordination from one of the Presbyterial bodies, there erected
by Act of Assembly 1854, as to whether he, being so ordained, was eligible to the
office of Scotch Chaplain in India. After reasoning, it was moved and agreed to—
That a small Committee be appointed to draw up a deliverance in this case, — Pro-
fessor Mitchell to be Convener.
The General Assembly next took up the consideration of the Petition of the
Presbytery of Uist, anent the case of the Rev. Donald M'Donald, who had been pre-
sented by the Queen to the quoad sacra parish of Trumisgary, he being a licentiate
and ordained minister of the Presbyterian Synod of Canada, in connection with the
Church of Scotland, craving the instructions of the Assembly. It was moved and
agreed to — That a Committee be appointed to confer with the Presentee to Trumis-
gwy, and to satisfy themselves of the sufficiency of his literary and theological
acquirements for the exercise of the functions of the ministry in the sphere to which
he has been appointed ; and authorize the Presbytery, on receiving the Report of said
Committee a[>proving of the Presentee, to proceed to his settlement in accordance
with the rules of the Church, — Dr Hill to be Convener.
The Assembly called for the Report of the Committee anent suggestion by the
Synod of the Presbyterian Church in England, as to the admission of Students gra-
duating at the Universities of Oxford, Cambridge, and King's College, to be Students
of Divinity, which was given in by Dr Hill, with the draft of an Overture. The
Assembly resolved to transmit the same for the consideration of the Presbyteries of
the Church.2
The Assembly then proceeded to appoint the Committee for managing the Royal
Bounty, with instructions.^
The Assembly called for the Report of the Committee on British Guiana, which was
given in and read by Dr Fowler, in absence froM illness of Dr Muir, the Convener.
^ Printed Acta, 27o XllL > Printed AcU, Ho. XI. 3 Printed Acto, Ko. VII.
70
ASSEMBLY 1859.*-ABRIDGM£NT.
It was moTodand seeonded — That the General Assembly approve of tiie Report
now made, and record thanks to the Convener and the Committee ; and resolve* in
terms of the recommendation contained in the Report, to dissolve the Presbytery of
Berbice as a Presbytery, so as to bring the several members thereof directly under
the jurisdiction of the several Presbyteries by whom they were licensed and or-
dained. The General Assembly further resolve that it is necessary that a strict
inquiry be made into the ecclesiastical state of the Church of Scotland in British
Guiana, and especially into the charges which have mutually been made by the
members of the Presbytery of Berbice against one another, and with that view
appoint the following Members (here insert the names) a Special Commission, to take
such steps as they may find most beneficial for that end ; and the General Assembly
authorize the said Commission to nominate and appoint Commissioners to proceed to
British Guiana, and they hereby confer on the Commissioners so to be appointed
the following powers : —
1. To make all necessary inquiries into the present state and efficiency of the
Church in British Guiana, and specially into the conduct of the several members at
present compoung the Presbytery of Berbice.
2. To reeeive up the various records and deeds belonging to the Presbytery of
Berbice, and a11 deeds, papers, and minutes, and others relative to the various pro-
perties belonging to the Church connected with the Presbytery of Berbice.
8. In tbe«vent of their finding any sufficient reason for doing so, authorize the
Commissioners to take such precognitions into the conduct of any or all of the mi-
nisters at piie«ent members of the Presbytery of Berbice as may enable the several
Presbyteries by whom the same were ordained, or licensed, to proceed against them
by libel or ^herwise.
4. On their return, the Commission to report the result of their inquiries to the
Commission of the General Assembly at an ordinary meeting thereof, or at a special
meeting to be called by the Moderator, if it shall be thought necessary to do so.
The General Assembly further remit to the Commission of Assembly, if they
shall see proper, on receiving the Report of the Commissioners, to suspend any one
or more of the said members of the Presbytery of Berbice from their functions as
Ministers of the Church, until the charges which may be made against them be
judicially examined into and decided ; and the General Assembly further remit to
the several Presbyteries by whom the members at present comprising the Presby-
tery of Berbice were licensed, or ordained, to take all necessary measures to investi-^
gate into the truth of any such charges, — with powers to send out Commissioners to
British Guiana to take the necessary evidence, and to proceed to a final determina-
tion thereof in such manner as they may be advised, and may appear to them best
for the good of the Church. And the General Assembly further instruct the Colo-
nial Committee, in terms of the Report now read, to defray all the necessary ex-
penses connected with such proceedings ; and they further direct that an extract
of this deliverance be transmitted by the Clerk of Assembly to the several parties
at present comprising the Presbytery of Berbice.
Another motion was made and seconded — That the General Assembly had laid
before them the Report of the Committee on British Guiana. The General Assembly,
in the circumstances of this case, appoint a special Commission to inquire into the
whole matter, authorizing them, if they shall see cause, to take evidence on the spot ;
and after evidence led, to dissolve the Presbytery, suspend any of the members
thereof from the functions of the ministry, and to take all other steps that they shall
ASSEMBLY 1859.— ABRIDGMENT.
71
judge to be necessary to maintain the discipline and vindicate the purity of the
CSmrch in that colony, and to report to next General Assembly.
The vote being called for, it was agreed that the state of the vote should be First
at Second motion ; and the vote being taken, it carried First motion by 63 to 49.
The Gteneral Assembly accordingly found in terms of said first motion, and a Com-
mission was appointed, — Dr W. Stevenson of South Leith, Convener.
The Committee on Sabbath Observance was reappointed, — Dr Muir, Convener.
Committee anent the Tricentenary of the Reformation appointed, — Mr M.
Nicholson, Convener.
The Assembly took up the Appeal of the Rev. Dr Geo. Smith and others against
a judgment of the Synod of Lothian and Tweeddale, of date 2d November 1858, which
reversed a judgment of the Presbytery of Edinbui^h, of date 25th August 1858, to
the efiect that the resignation by Dr Barclay of the parish of Currie, given in that
day, consequent on his appointment to the Principality of Glasgow, should lie on the
table till next ordinary meeting; — and found that the parish of Currie became vacant
on the 25th August 1858, by Dr Barclay's resignation of his charge into the hands
of the Presbytery at their meeting that day, and appointed the Presbytery of Edin-
burgh to make the requisite intimations of the vacancy.
Parties being called, compeared for the Appellants, Dr Smith and Dr Lee ; — and
for the Synod, Dr Maciarlane and Mr Phin.
Parties having been heard were removed. It was moved, seconded, and agreed to,
to sustain the appeal, and reverse the judgment of the Synod, in so far as the same
finds that the parish of Currie became vacant on the 25th August 1858, by Dr
Barclay's resignation of his charge into the hands of the Presbytery at their meet-
ing on that day ; and the Assembly find that the vacancy took place only on the ac^
ceptance of the resignation by the Presbytery. From which deliverance Dr Hill
dissented, so far as it might seem to sanction the delay of the Presbytery, on the
ground that he held them bound to have accepted Dr Barclay's resignation on the
day on which it was tendered, but quoad ultra concurred.
The Report of the Committee on Sabbath Schools was given in and read by the
Rev. W. Leitch, Monimail, in the absence from illness of Mr M*Kie, the Convener.
It was moved, seconded, and agreed to — That the General Assembly approve of
the Report; commend the manner in which Returns from the Synods have been
prepared ; enjoin every Presbytery and Synod to appoint a Committee on Sabbath
Schools, that Reports having been first brought up to the Presbytery may after-
wards be submitted to that meeting of Synod which takes place immediately before
the meeting of Assembly, and after approval sent to tho Convener of the General
Assembly's Committee, on or before the first of May annually. Require all Ministers
to transmit to the Conveners of Presbytery Committees answers to the queries
that may be addressed to them by the Committee of the General Assembly.
That the General Assembly, while gratefully acknowledging the valuable ser-
vices of Mr M*Kie, deeply sympathize with him in tho afflicting circunjstances which
have led him to resign the office of Convener ; and having learned that the Com-
mittee have appointed the Reverend William Leitch to draw up the Report which
has just been read, express their thanks to him for the services which he has ren-
dered on this occasion ; that the Committee be reappointed, with power to add to
their number — Mr Leitch to be Convener ; and that the thanks of the Assembly
be given through him to the Conveners of Synods^ Committees, and other Members
of Committees.
72
ASSEMBLY 1859.— ABRIDGMENT.
The Report of the Committee appointed to confer with Dr Robertson anent the
Convenership of the Endowment Committee was given in by Professor Swinton, in
the necessary absence of Lord Belhaven, the Convener^ to the following effect : —
That the Committee had to announce with the greatest possible satisfaction,
that they had been successful in inducing Dr Robertson to consent to continue
for another year his invaluable services ; — recommend the Assembly to accept this,
on the understanding that the Endowment Committee should be authorized to select
another gentleman, who in the capacity of Vice-Convener might relieve Dr Robertson
of some portion of the gigantic labours hitherto devolved on him. Further, express
their conviction, that in order to encourage Dr Robertson and his Committee to
continue with unabated zeal the prosecution of their labours, and to enable them»
under the blessing of God, to bring their labours, at' no distant date, to a successful
issue, what is principally required is, that the General Assembly as a body, and the
individual members thereof, should hold themselves pledged to employ renewed and
increased exertions to aid the Committee in their great work. It was moved,
seconded, and unanimously agreed to — That this Report be approved of.
The General Assembly called for the Report of the Endowment Committee,
which was given in and read by Dr Robertson, the Convener.
It was unanimously agreed to approve of and adopt the Report ; to record the
cordial thanks of the Assembly to the Convener, and through him to the Com-
mittee, for the untiring zeal and energy with which they have continued to dis-
charge the deeply important and highly arduous duties devolved upon them ; to re-
appoint the Committee, with powers to add to their number — ^Dr Robertson to be
Convener, and the Rev. William Smith of Trinity College Church to be Vice-Con-
vener. The General Assembly, while devoutly thankful to the Giver of all good for
the large measure of success which it has pleased Him to vouchsafe to this great
enterprise of the Church, from its formation to the present time, cannot refrain
from expressing regret and disappointment at the falling off during the past year
as regards the amount of subscriptions reported. The Assembly ai*e aware that
this fallipg off is primarily and chiefly to be ascribed to the pecuniary difficulties in
which the country has been recently involved ; these, however, they rejoice to think,
are rapidly passing away ; and, implicitly relying on the warm and strong assurances
of renewed and increased support so frequently given in the course of its present
sittings by so many of its Members, and in the full belief that these assurances have
not been given in vain, the General Assembly take courage, and desire the Com-
mittee to resume the work entrusted to them, in the confident expectation of finding
in every Minister, Member, and friend of the Church a willing coadjutor, alike ready
and desirous to come to their help towards its accomplishment. The General
Assembly have learned, with much satisfaction, that several Synods and Presby-
teries of the Church have appointed Committees, with the necessary Conveners and
Office-bearers, as auxiliaries to the General and Acting Committees ; — cordially ap-
prove of these appointments, and anxiously recommend to the remaining Synods and
Presbyteries to make the like arrangements, and to follow out these with all possible
energy and despatch ; and, finally, the General Assembly most affectionately recom-
mend to all the Office-bearers, Members, and friends of the Church, collectively and
individually, to put forth every possible effort, as soon after the rising of the
Assembly as circumstances admit of, not only to redeem the defalcation of the past
year, but also to meet the requisite advances, by completing, before the next sitting
of Assembly, the subscriptions, upon the provincial plan, for the four remaining
ASSEMBLY 1859.— ABRIDGMENT.
73
proTinces, in which, on an average, fully one-half of the reqaired amount is already
subscribed, — a work which, great though it be, will assuredly be completed, if exer-
tions commensurate with its necessity and importance are vigorously prosecuted
and perseveringly sustained.
The General Assembly next called for the Report of the Endowment Committee
on Constitutions for Churches, which was given in and read by Dr Robertson, the
Convener.
It was moved and unanimously agreed to — The General Assembly approve of
and adopt the Report, and, in terms of the recommendation therein contained, pass
the Constitutions of the several Churches and Parishes, quoad sacra, mentioned in
the Report ; appoint the same to be recorded, and authorize extracts thereof to
be issued in common form ; and further, in accordance with the recommendation of
the Committee, instruct and authorize the Presbytery of Auchterarder to dispose of,
and to apply the Bank stock referred to in the Report, for the purpose and in the
manner therein mentioned.
Further, the General Assembly, on a verbal statement by the Convener of the
Committee on Endowment of Chapels of Ease, in regard to several Churches for
which Endowments have been provided, or are in progress, and expected to be com-
pleted, mentioned in the List, number three (IIL), contained in the Appendix
number three (III*)* printed Report given in this day by the Committee to
the Assembly, the Constitutions for which Churches it may be necessary to pre-
pare, alter, or remodel, before the meeting of next General Assembly, with a view
to proceedings for having them erected by the Court of Teinds into churches quoad
sacra, remit to the Committee on the Endowment of Chapels of Ease, in conjunc-
tion with the Joint Procurators, or either of them, and the Principal and Depute-
Clerks, or either of them, to prepare, alter, or remodel, adjust, and approve of the
Constitutions of these Churches, in conformity with the model deeds which have
been already approved of by the Committee and the General Assembly, and in con-
formity with the requirements of the Act of Parliament 7 and 8 Vict., cap. 44 ;
and on such Constitutions being so prepared and adjusted, authorize the Clerk of
Assembly to give certified copies thereof of the dates of which they were approved ;
provided always that such Constitutions have been previously sanctioned and ap-
proved of by the Presbyteries of the respective bounds, and that these Constitu-
tions shall be specially reported to the next General Assembly, so that they may be
inserted in the Records of the Church, and regular extracts thereof given out in
common form.
The Assembly next took up the petition of Mr James Wilson, late minister
of Irongray, deposed by Assembly 1853, praying to be reponed to the statm of
a licentiate of the Church. Crawfurd Hill, Esq., advocate, was heard for the
petitioner.
It was moved and unanimously agreed to— That the prayer of the petition be
not granted. Party called in, and judgment intimated.
The General Assembly next called for the Report of the Committee appointed to
receive the Records of the Church in the possession of the late Principal Lee,
which was given in and read by Dr Simpson, Convener. The Assembly approve of
the Report, continue the Committee, and add to it the name of Mr Cheyne.
A Letter was read from Dr Veitch, St Cuthbert's, resigning the Joint Con-
venership of the Library Committee, which he had held along with the Rev. Prin-
cipal Lee. The Assembly remit the arrangement and care of the Library to the
K
74
ASSEMBLY 1869.— ABRIDGMENT-
Committee already appointed to receive the Records of the Church from the family
of Principal Lee.
The Report of the Joint Committee on the Schemes was given in verbally by Dr
Simpson, Convener. The Assembly approve of the Report ; reappoint the Com-
mittee,— ^Dr Simpson, Convener.
John Tait, Esq., was heard on the Overture for taking the Votes. The Assembly
referred the subject to a Committee, — ^Dr Simpson, Convener.
The General Assembly referred the Overture on the Administration of the Sacra-
ments to the Committee on the Order of Public Worship.
The Report of the Committee on Feuing Glebes was given in by the Agent, in
absence of Mr M*Kenzie of Lasswade, the Convener. Assembly approve of the
Report ; reappoint the Committee, with the addition of Mr Gordon, Newbattle, —
Mr Phin to be Convener.
Report of the Committee on the Sale of Patronages during Vacancies given in
verbally by Mr Swinton, Convener. Assembly approve of the Report ; reappoint
the Committee, — Mr Swinton, Convener.
Report of the Committee as to Dundee Churolies given in verbally by Dr Hill,
in absence of Mr Shand, the Convener. Assembly approve of the Report; reappoint
Committee, — Mr Shand, Convener.
Report of the Committee for Removal of Difficulties under the Act for Disjoin*
ing Parishes given in verbally by Dr Robertson, Convener. Assembly approve
Report ; reappoint Committee, — Dr Robertson, Convener.
Report of the Committee anent Appropriating a Portion of the Stipends of
Suspended Ministers to maintain Ordinances in their Parishes given in verbally
by Dr Robertson, Convener. Assembly reappoint Committee, — Dr Robertson,
Convener.
The Assembly called for Report of Committee on the Records of the Church,
which was given in verbally by Mr Gordon, Newbattle, in absence of Mr Muir. The
Assembly approve of the Report ; reappoint the Committee, with additional names,
— ^Dr Stark and Mr Muir, Joint Conveners.
The Assembly adjourned, to meet again at 8 o'clock.
Sederunt. 8 o'clock P.M., May 30, 1859. Sesa, ult
The General Assembly did again convene.
The Assembly called for the Report of the Committee appointed to draw up a
deliverance in the case of Mr Walker, which was given in and read by the Clerk,
in absence of Dr Robertson, Convener, and was as follows : — The General Assembly
sustain the reference ; and in consideration of the apparently unanimous petition in
Mr Walker's favour from the Congregation of St Andrew's Church, Madras, and of
the long period during which he discharged the functions of the ministry in that
Congregation, in the absence of the Honourable East India Company's stated Chap-
lains, and of the high testimony borne to Mr Walker's professional character and
efficiency by not a few of the most distinguished of the Company's servants in the
Madras Establishment, both civil and military, the General Assembly unanimously
resolved to authorize the Presbytery of Edinburgh to grant induction to Mr Walker,
as one of the Chaplains of Madras, on his producing a presentation to the office
from the Secretary of State for India. But the General Assembly, in recording this
judgment, think it necessary to add, that the judgment rests exclusively on the
ASSEMBLY 1869.~ABRIDGMENT.
76
specialties of the case, and that the Assembly, under ordinary circumstances, would
strongly disapprove of opening up the Indian Chaplaincies to Preachers not regular
Licentiates of this Church, and that they would yet more strongly disapprove of
the appointment to the office of Chaplain of those who have gone out to India as
Missionaries. The General Assembly further desire it to be understood, that the
Assembly does not by this deliverance admit that Mr Walker, or others similarly
situated, are to be held qualified to receive benefices in Scotland.
Dr Smith, Convener of the Committee for the accommodation of the Assembly,
reported verbally that a considerable sum had been raised by subscription in the
Assembly to defray the price of the building purchased adjoining the Assembly Hall,
and to meet, with the aid of Government, the expense of making it available for the
improvement of the accommodation of the Assembly, and that the Committee thought
that, by application to the Presbyteries of the Church, with the sanction and recom-
mendation of the Assembly, the requisite funds might, with their aid, be procured.
The Assembly approve of the Report, and the suggestion therein contained as to
raising the necessary funds, and recommend the same to the favourable considera*
tion of the Presbyteries of the Church-
The Assembly called for the Report of the Committee on the Petition of the Rev.
R. 0. Young, which was given in and read by Mr Lebum, the Convener. The As-
sembly approve of the Report, and adopt it as their deliverance.
The Assembly called for the Report of the Finance Committee, which was given
in and read by Mr Cheyne, Convener. The Assembly approve of the Report ; re-
appoint the Committee, — Mr Cheyne, Convener,
The Assembly called for the Report of the Committee for Revising Constitutions
of Churches, which was given in and read by Mr Cheyne, Convener, and approved of
by the Assembly.
The Assembly called for the Report of the Committee for providing accommoda-
tion for the Records of Assembly, which was given in and read by Mr Cheyne, Con-
vener. The Assembly approve of the Report, and reappoint the Committee, —
Mr Cheyne, Convener.
The Assembly called for the Report of the Committee on the Ordering of the
House and its Doorkeepers, which was given in and read by Mr Cheyne, Convener.
The Assembly approve of the Report; reappoint the Committee, — Mr Cheyne
Convener, — with the additional powers craved.
The Assembly called for the Report on Unexhausted Teinds, which was given
in and read by Mr Shand, Convener. The Assembly approve of the Report ; re-
appoint the Committee, — Mr Shand, Convener.
The Assembly called for the Report of the Committee on Hymns, which was
given in and read by Dr Arnot, Convener, and a collection of thirty-three Hymns
laid on the table of the Assembly, which had received the unanimous approval of
said Committee. After some discussion, the General Assembly unanimously agreed
to the following deliverance : — The Assembly approve of the diligence of the Com-
mittee ; authorize them to take such further measures as to them shall seem meet
for the revision, publication, and circulation of the collection under the Committee's
sanction, it being distinctly understood that it has not yet been approved of by the
Assembly, and that the Hymns are not to be used in the services of the sanctuary ;
reappoint the Committee, — Dr Amot, Convener ; and instruct the Committee to re-
port to next Assembly.
The Assembly called for the Report of the Conunittee on the Progress of the
76
ASSEMBLY 1859.— ABRIDGMENT.
Universities (Scotland) Bill, and the proceedings of the Commissioners under it,
which was given in and read by Dr Cook, Haddington, the Convener.
The Assembly also called for the Report of the Committee appointed to watch
over the practical working of the Act for regulating the admission of Professors into
Lay Chairs in the Universities of Scotland, which was given in and read by Dr Cook,
Haddington, Convener.
The Overtures anent the recent Universities Act, from the Presbyteries of Glas-
gow and Turriff, were likewise laid on the table and read.
After some discussion, it was moved, seconded, and agreed to— That the Assembly
approve of the diligence of the two Committees, and resolve to amalgamate the same,
with a view to the important objects to which the Reports refer. Committee ap-
pointed accordingly, — ^Dr Cook (Haddington) to be Convener.
It was further moved, seconded, and agreed to — That the General Assembly re-
solve to appoint a special Committee to consider the whole question of the relations
subsisting between the Church and the Universities, and more particularly to con-
sider what steps ought to be taken by the Church, within her competency, to secure
to the youth committed to her charge, while prosecuting academical studies, the
blessings of an education and training suited to the principles of pure and undefiled
religion. Committee appointed, — ^Dr Robertson to be Convener.
The Assembly heard Dr Lee on the Overture for the Relief of Aged and Indigent
Ministers in the discharge of their Ministerial Duties, and unanimously agreed to
appoint a Committee for the promotion of the object, — Dr Lee to be Convener.
The Report of the Committee on the References as to Students of Divinity from
Dissenting Bodies was given in and read by Dr Traill, the Convener.
The Assembly approved of the recommendation of the Report, that Mr William
Barnwell, who had attended the Free Church Hall for four years, and thereafter the
Divinity Hall in Glasgow for one year, should be taken on trials for license by the
Presbytery of Glasgow, but not to receive license till the expiry of a year from the
date of his application.
The Assembly disapproved of the recommendation of the Committee, that Mr
Thomas Forbes, who had attended for four years at the United Presbyterian Theo-
logical Hall, and thereafter the Divinity Class in the Divinity Hall of the College
of Edinburgh for one year, should be taken on trials, and required that, before being
so, he must give attendance at the other three Theological Classes not attended by
him last year.
The Assembly approved of the recommendation of the Report, that the Presbytery
of Kintyre take Mr Archibald FuUarton on trials, if his course of study in the Theo-
logical Hall of the United Presbyterian Chiuxsh extended over the whole period, or
the same number of months, and has embraced the same extent of subjects as are
taught in the Theological Hall of Glasgow, he having also attended a full session
at that Hall ; but that, if not, they shall intimate to Mr Fullarton that he shall
attend in one of the Theological Halls of a Scottish University for the additional
time that may be necessary, [excluding the session of attendance already given in the
Theological Hall of Glasgow,] to make his attendance on theological teaching of the
same length with that which is required from students of this Church.
The Assembly called for the Report of the Committee on the regulations under
the Scotch Benefices Act, which was given in by Dr Leishman.
It was moved, seconded, and agreed to — That the regulations, as partly amended
by the Assembly, be transmitted to the Committee, to be maturely considered by
ASSEMBLY 1859.— ABRIDGMENT.
77
them ; the Committee to circulate them, as approved and amended by them, at least
two months before the meeting of next Assembly ; and to report to that Assembly.
Committee reappointed, with additions, — Dr Leishman to be Convener.
The Assembly called for the report of the Committee on Standing Orders, which
was given in by Mr Cook, the Joint Procurator. The Assembly approve of the
Report, and discharge the Committee, and adopt the Standing Orders, as now
amended, as the Orders for regulating the business of the House, and enact to that
effect.^
The Overtures as to Induction of Ministers and the Scotch Benefices Act were
again brought before the House, and that from Glasgow read.
It was moved and seconded — ^That the General Assembly having called for the
Overtures regarding the Settlement of Ministers under the Scotch Benefices Act,
and having considered the same. Resolved to appoint a Committee to take the whole
subject into their serious consideration, and to report to next Assembly.
Another motion was made and seconded — That in respect that the subject of
the Regulations to facilitate the working of the Church Benefices Act is now under
the consideration of a Committee of this House, and that the Assembly are not satis-
fied that any better measure can be secured to efiect the objects for which the Act
was passed, dismiss the Overtures.
Parties having, with permisssion of the Assembly, withdrawn the Overtures, the
motions before the House were not pressed to a division.
The Assembly called for the Overture on the Schoolmasters' Formula, which
having been read, it was agreed that the Overture be remitted to the Parochial
School Committee.
The Assembly next called for the Report on the Paris Mission, which was given
in and read by Principal TuUoch. The Assembly approved of the Report. Power
was given to the Committee on Correspondence with Foreign Churches to add to
their number.
Dr Robertson reported that there was a balance standing at the credit of the
Popery Committee to the amount of L.260, 9s. 6d. Power was given to Mr John
Hope, W.S., to employ so much of this as may be necessary in discharging the
existing engagements of the Committee.
The General Assembly referred the Overture on the State of the Highlands «itn-
pUeiter to the Home Mission Committee.
The Assembly called for the Report of the Committee on the West Church of
Inverness, which was given in by Mr Macrae, along with a verbal statement of the
exertions of the Committee. It was remitted to the Agent and Procurators to
inquire as to the possibility of obtaining from the Kirk-Session, at present holding
them, the titles of the Church.
The Assembly called for the Report of the Committee on Gorbals Church, which
was read by Mr Macrae ; — the diligence of the Committee conmiended, and the Com-
mittee discharged.
The Committee on Correspondence with the Synod of England was reappointed,
— Dr Fowler, Convener.
The Committee on the means of maintaining Parliamentary Churches was re-
appointed,— ^Dr Robertson, Convener.
A Committee appointed to revise the Minutes of Assembly.
All Overtures not disposed of deferred.
1 See Printed Acts, No. XII.
78
ASSEMBLY 1859.— ABRIDGMENT.
Commission of Assembly appointed.^
The Minutes of this and the former Sederunt read and approved of.
The Moderator then addressed the Assembly, and afterwards addressed His
Grace the Lord High Commissioner.
His Grace addressed the Assembly in reply thereto.
Act passed appointing the Meeting of next General Assembly.'
The Assembly concluded with prayer, singing of psalms, and pronouncing the
blessing.
1 Printed Acts, No. VI. * Printed Acts, No. XV.
79
Abridgment of the Proceedings of the Commission of the
General Assembly, 1858-9.
Sederunt. Edinburgh, June 1, 1858.
Ciommission and Instructions of Assembly read. Dr Robertson was called to
the chair, and constitated the meeting with prayer.
The Commission took up the Reference from the Presbytery of Islay and Jura in
the case of the Rev. Alexander Stewart, minister of Killarrow, remitted to them by
the General Assembly. Mr Dewar, a Member of the Presbytery of Islay and Jura,
made an additional statement on the subject of the Reference, and produced certi-
fied copy of the Proof as to Mr Stewart's insanity, taken by the Presbytery of
Glasgow on the 2d September 1857, under Commission from the Presbytery of Islay
and Jura, which was read. Various Members having been heard, it was moved
and unanimously agreed to— That the Commission recommend to the Presbytery of
Islay and Jura, in the event of Mr Stewart's liberation, and the application by his
agent being renewed, and supported by proper medical certificates, to endeavour to
secure some such arrangement, as now exists, for having the spiritual interests of
the parish of Killarrow duly provided for ; and appoint a Committee, with whom the
Presbytery of Islay and Jura may consult if fresh difficulties arise, — ^Dr Muir, Con-
vener.
The Commission next tqok into consideration the Memorial of the Students'
Protestant Society of the Four University Towns, as to a Tricentenary Commemo-
ration of the Reformation in Scotland, also remitted to them by the Assembly.
The Commission, heartily approving of the object brought before them in the Me-
morial, agreed to appoint a Committee to take the whole matter into consideration ;
to communicate with the Memorialists, and all other parties favourably impressed
with the same object ; and to report to next General Assembly such suggestions as
may be likely to carry the object into effect in a manner befitting the solemn and
deeply interesting event proposed to be commemorated. Committee appointed, — ^Dr
Muir, Convener.
Commission appointed a Committee (Principal Lee, Convener) for attending to
impressions of the Holy Scriptures, the Confession of Faith, Catechisms, and other
books authorized by the Church, and for reporting errors observed in any of the
editions.
Extraordinary Meeting. Edinburgh, July 14, 1858.
Commission met in consequence of Requisition to Dr Leishman, Moderator of
last General Assembly, who was called to the chair, and constituted the meeting by
prayer.
The Moderator stated, that a Requisition had been addressed to him by a num-
ber of the Members of the Commission, requesting him immediately to call a meet-
ing of the Commission, to take into consideration the proposed Bill laid before Par-
liament affecting the Universities of Scotland. That, in compliance with this Requi-
sition, he had called the Members of Commission to meet this day in the Assembly
Hall for this purpose ; and that he trusted the meeting would approve of the step
80 COMMISSION 1859.— ABRIDGMENT.
he had taken. The conduct of the Moderator in calling the meeting was unani-
mously approved of. After discussion it was moved, seconded, and agreed to— That
the Commission having taken into consideration the Bill now before the House of
Lords, intituled, " An Act to make provision for the better Government and Disci-
pline of the Universities of Scotland, and Improving and Regulating the Course of
Study therein, and for the Union of the two Universities and Colleges of Aberdeen,"
while cordially approving of the object and many of the provisions of the Bill, yet
feel themselves called on strongly to object to the Clause No. 3, as being in their
view prejudicial to the best interests of education, and subversive of the rights
and privileges guaranteed to the Church of Scotland by solemn Acts of the Legis-
lature, and more especially by the Act of Security, ordered to be incorporated in the
Act of Union, and declared to be a fundamental part of the same ; and they resolve
to present a Petition to the House of Lords, praying their Lordships to expunge the
said Clause from the Bill, before the same shall be passed into law.
Dr Muir dissented, for reasons to be given in. A Draft of Petition was then
read, and a Committee appointed to adjust the same, and also to watch over the pro-
gress of the Bill, — ^Dr Robertson, Convener,
Meeting closed with prayer.
Edinburgh^ Wednesday ^ August 11, 1858.
Not a quorum.
Edinburgh, Wednesday f November 17, 1858.
Not a quorum.
Sederunt. Edinburgh^ Wednesday, March 2, 1859.
Dr Leishman, Moderator of last Assembly, called to the chair.
Minutes of Extraordinary Meeting, July 1858, read. The Moderator reported
that he had received a communication from the Secretary at War, stating that two
additional Presbyterian Chaplains would be necessary for temporary service with the
troops in India, with official pay and allowances the same as to the other Chaplains,
and requesting him to submit names. Also a further communication, 10th June
1859, stating, that instead of 800 rupees per month, the previous rate, it would be
sufficient to assign to all the Presbyterian Clergymen hereafter appointed the salary
of 500 rupees. Further, that he had transmitted, with concurrence of the Colonial
Committee, a memorial and representation against such reduction, to which no
answer had yet been received, but that, when it was, he would be prepared, along
with the Committee, to communicate the names of two suitable persons.
Dr Robertson, as Convener of the Committee appointed at last meeting on the Uni-
versities Bill, reported verbally, that a Petition against Clause 3 had been trans-
mitted to House of Lords, who had, in the first instance, expunged the Clause, but
that it was re-inserted in the Commons, and on conference allowed to stand part of
the Bill.
After considerable discussion, it was moved and seconded — That the Commis-
sion having heard the Report of the Committee appointed by last Meeting of
Commission to Petition against the Clause of the Universities Bill, by which it is
provided, that the Principals of the Universities of Glasgow, Aberdeen, and Edin-
burgh, shall not in time to come be or be deemed to be Professors of Divinity,
desire to express their deep regret that the opposition to the Clause referred to was
COMMISSION 1869.— ABRIDGMENT.
81
ineffectaal, and that it now stands part of the Universities Act ; and they resolve to
report their proceedings in this matter to the next General Assembly, in the firm
trust that the Assembly will give the whole subject that deliberate consideration
which appears to them to be called for by its vital importance to the Church ; and
recommend the consideration of the question to the Presbyteries of the Church,
with a view to its full and deliberate discussion in the next General Assembly.
It was also moved and seconded. That the consideration of the subject be entered
on. The vote being called, it was agreed that the state of the vote should be First
or Second motion ; and the roll being called, and votes marked, it carried First
motion by 26 to 16 ; whereupon the Commission resolved in terms of First motion.
Dr Muir called the attention of the Commission to the present state of our Pa-
rochial Schools, and having been heard on the subject, moved the following Reso-
lutions : —
That the Commission renew their testimony upon the value of the Parochial
Schools of Scotland, assured that, under the Divine blessing, the religious and moral
character of Scotchmen, their respectable staiua^ tod beneficial influence on society,
have been and still are greatly to be traced to these admirable institutions. That
the distinctive peculiarities of the Parochial Schools of Scotland, by which, amid
whatever amount of secular instruction is given in them, their chief aim is directed,
through means of the Holy Bible and of the precious Shorter Catechism, to the
godly upbringing of youth, should recommend them to the hearty support of all who
seek the prosperity of their country, and the piety and eternal welfare of individuals.
That the Commission cherish in most grateful memory the wise designs of these
patriotic and good men who secured for the Parochial Schools the sanction of Legis-
lative Acts, rendering those institutions essentially a part of the Ecclesiastical Es-
tablishment of the land. That the Commission resolve, that to preserve these
Schools in strict connection with the Church of Scotland, whose evangelical faith is
made known and settled in Standards established by law, afibrds the best warrant,
under Divine favour, for the prolonging of their religious and moral eflSciency.
That the Commission view with anxious concern the movements now carried on
to subvert the institution of the Parochial Schools, or so to change their constitu-
tion as to separate them from the Church of Scotland, fully assured that it is the
superintendence of a Church sound in the faith, and to whose doctrine and disci-
pline teachers, by the tests of a Church Formula, are legally bound and amenable,
which alone shall serve, under the Divine blessing, to continue and to perpetuate
the religious element in the education of the youth of the land. That the Commis-
sion anew express their determination to use every constitutional means in their
power to maintain the Parochial Schools in strict connection with the Church of
Scotland, and to procure increased support for them on a constitutional and per-
manent basis, and to promote and enlarge their efficiency ; and having all these
objects in view, resolve to Petition both Houses of Parliament accordingly.
The above Resolutions were unanimously adopted.
Dr Muir then submitted Draft of proposed Petition, which was approved of, and
the Moderator was authorized to sign the same in name of the Commission. Com-
mittee appointed to carry the above resolution into eflFect, — Dr Muir, Convener.
Dr Macfarlane laid upon the table Copy of a Bill presently before Parliament,
entitled, " A Bill to Abolish the Ministers' Money, or Annuity-Tax, levied within
the City of Edinburgh, the parish of Canongate, and Burgh of Montrose, as vacan-
cies occur among the present Ministers ; and to make provision for their Succes-
L
82
COMMISSION 1859.— ABRIDGMENT.
Bors and moved that the Commission petition the House of Commons against said
Bill, which was agreed to ; and the Commission appointed a Committee — ^Dr Macfar.
lane, Convener — ^remitting to them to prepare said Petition, and forward it for pre-
sentation.
Dr Hill having drawn the attention of the Commission to a Bill now before Par-
liament, entitled " Marriage-Law Amendment Bill,** moved, That the Commission
petition both Houses of Parliament against the same ; which was unanimously
agreed to. Dr Hill then read Draft of Petition, which was adjusted by the Meeting,
and the Moderator authorized to sign the same in name of the Commission.
The Commission agreed to request the Right Honourable the Lord Advocate to
present the Petition to the House of Commons, and the Riglit Honourable Lord
Campbell to the House of Lords. Tlie Commission further appointed Dr Hill and
the Moderator a Committee to see the Resolution carried into effect.
Adjourned.
(83)
COMMITTEES OF THE GENERAL ASSEMBLY,
1859.
1. Committee for Managing Her Majesty's Royal Bounty. — (See
Acts of Assembly, page 17.)
2. On Propagating the Gospel in Foreign Parts, especially in India.
The Moderator, all the Ministers of the Presbyteries of Edinburgh, Glasgow, and
Aberdeen, Dr Hill, Dr Bell, Dr Bryce, Dr Graham, Dr M*Culloch, Dr liddell, Dr
Keith, Dr Pine, Dr Lockhart, Dr Buchan, Dr Bennet, Dr Macfarlane (Arroquhar),
Dr Sym, Dr Barty, Dr M* Vicar, Dr Park, Dr Anderson, Dr Bitchie, Dr Bisset, Dr
Cook (Haddington), Dr Menzies (Keir), Mr Macfarlane (Troqueer), Mr Johnstone
(Anwoth), Mr Duncan (Torthorwald), Mr Boyd (Irongray), Mr Caird (Glasgow), Mr
Chrystal (Auchinleckj, Mr Makellar (Mearns), Mr Shaw (Ayr), Mr Graham (Kil-
barchan), Mr Pearson (Strathblane), Mr Campbell (Eastwood), Mr Wilson (Paisley),
Mr Muir (Dalmeny), Mr Playfair (Abercorn), Mr Lee (Eoxburgh), Mr Johnstone
(Logie), Mr French (Dunfermline), Mr Taylor (Dundee), Mr Milligan (Eilconquhar),
Mr Mackenzie (Lasswade), Mr Muir (Cockpen), Mr M*Gowan (Laurencekirk), iSr
Rose (Cargill), Mr Robertson (Bonhill), Mr Dun (Cardross), Mr Phin (Galashiels),
Mr Smith (Edinburgh), Mr Robertson (Glasgow), Mr Leitch (Monimail), Mr Wylie
(Elgin), Mr Ritchie (Jedburgh), Mr Wright (Dalkeith), Mr Turner (Port of Men-
teith), Mr Bowie (Kinghom), Mr Cochrane (Cupar), Mr M*Culloch (Montrose), Dr
Brander (Duffus), Mr Paisley (St Ninians), Mr Stuart (Edinburgh), Mr Findlay
(Stirling) ; The Earl of Selkirk, Harry Maxwell Inglis, Esq., A. Young Howison,
Esq., Alexander Goodsir, Esq., John Cook, Esq., William Smith, Esq., Patrick
Arkley, Esq., Andrew Scott, Esq., Stair Hathom Stewart, Esq., James Baird, Esq.,
William Bell Macdonald, Esq., John Beatson Bell, Esq., Darid Johnstone, Esq.,
John Tawse, Esq., Colonel William Low, John Shand, Esq., John Anthony Macrae,
Esq., David Smith, Esq., Walter Malcolm, Esq., Sir William Baillie, Bart., George
Tweedie Stodart, Esq., William Spence, Esq., Adam Paterson, Esq., Hugh Barclay,
Esq., LL.D., John Lewis, Esq., J. G. Eiunear, Esq. — Dr Craik, Convener.
3. For Increasing the Means of Education and Religious Instruction in
Scotland, particularly in the Highlands and Islands.
The Moderator, all the Ministers of the Presbyteries of Edinburgh and Glasgow,
Dr Cook (Haddington), Principal Dewar, Dr Robertson, Dr M'Leod (Morren),
Dr M*Quhae, Dr Dunbar, Dr Lockhart, Dr M'CuUoch, Dr Forsyth, Dr Pirie,
Dr Barty, Dr Bell, Principal Barclay, Dr Stirling, Dr Wylie, Dr Paul (Ban-
chory), Dr Brander, Dr Buchanan, Dr Smith (Cathcart), Mr Home (Corstor-
phine), Mr Bell (Carmylie), Mr Robertson (Monzievaird), Dr Menzies (Keir),
Mr Milligan (Kilconquhar), Mr Lee (Roxburgh), Mr Tait (Kirkliston), Mr Wil-
son (Paisley), Mr Cumming (Perth), Mr Phin (Galashiels), Mr Struthers (Pres-
tonpans) ; The Earl of Seafield, The Earl of Selkirk, The Earl of Leven and
Melyille, Lord Belharen, Lord Polwarth, Sir J. H. Maxwell, Bart., Sir
84
COMMITTEES, 1869.
James D. H. Elphinstone, Bart., Sir William Baillie, Bart., The Joint Froonratorft,
R. Scott Moncrieff, Esq., Walter Cook, Esq., Donald Home, Esq., Isaac Bayley,
Esq., John Camphell Swinton, Esq., Uavid Smith, Esq., Vavid Milne Home,
Esq., William Smith, Esq., Henry Cheyne, Esq., Patrick Arkley, Esq., Frofossor
Camphell Swinton, William Campbell, Esq., John Cook, Esq., James Hope, Esq.,
William Cooper, Esq., John Tawse, Esq., John A. Macrae, Esq., Archibald Butter,
Esq., Stair H. Stewart, Esq., Smollett M. Eddington, Esq., W. Bell Macdonald, Esq.,
Alexander M'Diiff, Esq., Charles Pearson, Esq., John Tait, Esq., John Beatson Bell,
Esq., Anthony Murray, Esq., H. M. Davidson, Esq., The Members of the General
Assembly 1859 from the Synods of Argyll, Glenelg, Ross, Sutherland and Caithness,
Orkney and Zetland ; and the Ministers of all the Presbytery seats in the remaining
Synods. — Dr Cook (Haddington), Convener.
4. On Home Missions.
The Moderator, all the Ministers of the Presbyteries of Edinburgh, Glasgow,
and Aberdeen, Dr Hill, Dr Bell, Dr Crombie, Mr Tait, Mr R. H. Muir, Mr Adamson,
Mr M. C. Mackenzie, Dr Cook (Haddington), Mr Scott, Mr Bell, Mr Smellie,
Dr Aitken, Mr Walker, Mr Christison, Mr K. M. Phin, Mr Donaldson, Mr R.
Menzies, Mr Monilaws, Mr Thomas Smith, Mr Murray, Mr Cowan, Mr Johnston,
Dr M'Quhae, Dr Lockhart, Mr Makellar, Dr M'Culloch, Dr Gardiner, Dr Wylie, Dr
Sym, Dr Graham, Mr Story, Dr C. Smith, Mr John Buchanan, Mr J. M* Arthur, Br
John M*Leod, Mr Campbell, Mr N. M*Lean, Mr A. R. Irvine, Mr A. H. Gray, Mr
Peter Balfour, Dr Tannoch, Mr D. Bell, Dr Anderson, Mr J. Cochrane, Dr J. S.
Barty, Mr T. Hill, Dr Bisset, Mr Cushnie, Mr Gibbon, Mr Cruickshank, Mr
Brown, Mr Gardner, Dr Bryce, Mr Allardyce, Mr Thomson, Mr Grants Dr
Macpherson, Mr Walker, Mr Gibson, Mr Rose, Mr Chisholm, Mr M*Ivor, Mr
M*Kinnon, Mr Macrae, Mr Clouston, Mr Gardiner; The Marquis of Tweeddale,
The Earl of Seafield, The Earl of Selkirk, The Earl of Leven and Melville, Lord
Belhaven, Sir R. A. Anstruther, Bart., Robert Bell, Esq., A. S. Cook, Esq., Walter
Cook, Esq., Hugh Bruce, Esq., Donald Home, Esq., James Rose, Esq., James
Hope, Esq., Colonel Dundas, David Milne Home, Esq., John Tait, Esq., A. Butter,
Esq., Thomas Blaikie, Esq., Macduff Rhind, Esq., A. 0. Dalgleish, Esq., Henry
Cheyne, Esq., John Rutherfurd, Esq., Isaac Bayley, Esq., Professor Campbell
Swinton, Alexander Webster, Esq., C. Campbell, Esq., W. 0. Rutherfurd, Esq.,
John Cook, Esq., John Gillespie, Esq., Wm. Thorns, Esq., Thomas Watson, Esq.,
S. M. Eddington, Esq., John Shand, Esq., Robert M'Haffie, Esq., David Smith, Esqi,
John Ross, Esq., A. Y. Howison, Esq., William Dawson Macritchie, £sq.~])r
Crawford, Convener.
6. On the Conversion of the Jews.
The Moderator, all the Ministers of the Presbyteries of Edinburgh, Glasgow, and
Aberdeen, Professor Mitchell (St Andrews), Mr Adam D. Tait (Kirkliston), Mr David
Playfair (AbercojTi), Mr John Ker (Polmont), Mr R. H. Muir (Dalmeny), Mr John
Adamson (Newton), Mr Robert Wright (Dalkeith), Mr James Ingram (Fala), Mr
Thomas Gordon (Newbattle), Mr R. W. Thomson (Ormiston), Dr Cook (Haddington),
Mr John Struthers (Prestonpans), Mr John Macrae (Hawick), Mr James Macnair
(Auchtermuchty), Mr K. M. Phin (Galashiels), Dr Liddell (Lochmaben), Dr Charles
(Kirkowen), Mr Andrew Browne (Beith), Mr Donald Makellar (Mearns), Mr G. O.
Moffat (Port-Glasgow), Mr Robert Archibald (New Monkland), Mr W. G. Smith
(Fintray), Mr Charles Stewart (Kilmory), Mr Duncan Campbell (North Knapdale),
Principal Campbell, Mr W. C. Rose (Cargill), Mr T. D. Kirkwood (Dmnbarney),
Mr William Findhj (Stirling), Mr Jn. Stewart (Edinburgh), Mr Paton J, £Hqi«
COMMITTEES, 1869.
86
(Dooning), Mr B. J. Johnstone (Logie), Mr James French (Dnnfermline), Dr Wordie
(Cii|MurX Mr John Gilchrist (Dunbog), Dr Buist (St Andrews), Dr Park (St An-
drews). Principal Tulloch (St Andrews), Mr David Esdaile (Rescobie), Mr John
Robertson (Glasgow), Dr Pirie (Aberdeen), Mr Archibald Anderson (Crathie), Mr
Alexander Gordon (Forglen), Mr James Walker (Huntly), Dr Bryce, Mr James
Sellar (Aberlour), Mr Francis Wylie (Elgin), Dr Gibson (Avoch), Mr Peter Mackenzie
(Urquhart), Mr Alexander McDonald (Kildonan), Mr William Anderson (Walls and
Flotta), Mr James Brotchie (Westray), Professor Weir (Glasgow), Dr M'Donald
(Inverness), Mr John Kinross (Largs) ; Walter Cook, Esq., George Boss, Esq., John
Elder, Esq., John Tawse, Esq., John Tait, Esq., George Smith, Esq., W^illiam Bell
Macdonald, Esq., The Earl of Selkirk, Adam Paterson, Esq., William Smith, Esq.,
Archibald W. Goldie, Esq., William Campbell, Esq., Archibald Young Howison,
Esq., Colonel Dundas, James Ker, Esq., Patrick ArkJey, Esq., Sir James D. H.
Elphinstone, Bart., Sir John Heron Maxwell, Bart., G. T. Stodart, Esq., J. A. Macrae,
Esq., David Rhind, Esq., Henry Cheyne, Esq., John Campbell Swinton, Esq., R. G.
Baillie, Esq., Robert Scott Moncrieff, Esq. — Professor Mitchell, Convener.
6. On Colonial Churches.
The Moderator, Dr Fowler, Principal Tulloch, Principal Campbell, Dr Balfour, Dr
Paul (St Cuthberfs), Dr Veitch, Dr Crawford, Dr Glover, Dr Robert Lee, Dr Amot,
Dr Nisbet, Dr Muir, Dr Hunter, Principal Barclay, Dr Simpson, Dr Stevenson, Dr
Hill, Dr Syme (New Kilpatrick), Dr Macleod (St Columba, Glasgow), Dr M'Culloch,
Dr Forsyth, Dr Macleod (Morven), Dr Paton, Dr Pirie, Dr Anderson, Dr Craik,
Dr Milligan, Dr Graham (Killearn), Dr Inglis (Lochrutton), Dr Aiton, Dr M*Quhae,
Dr Macfarlane (Arroquhar), Dr Smith (Cathcart), Dr Bisset (Bourtie), Dr Menzies
(Maybole), Dr Liddell, Dr MTherson, Dr Bell, Dr Ritchie (Longforgan), Dr
Lockhart, Dr Adie, Dr Bryce, Dr Bremner, Dr Barton, Dr Maitland (Kells), Dr
Wordie, Professor Mitchell, Dr Macleod (Barony, Glasgow), Mr Robertson (Hamil-
ton), Mr Bonar, Mr M'Fie, Mr Home (Corstorphine) Mr Colvin (Cramond), Mr
Masson, Mr Stevenson, Mr Robertson (New Greyfriar's), Mr Eraser, Mr Gray, Mr
Nicholson, Mr Duff, Mr Buchanan, Mr Stewart, Mr Clark, Mr Mackenzie (Lasswade),
Mr Ker (Polmont), Mr Scott (Dirleton), Mr Stevenson (Dairy), Mr Thomas Hill, Mr
Cochrane (Cupar), Mr Macdonald (Alvie), Mr Storie (Roseneath), Mr Murray (Mor-
ton), Mr Wilson (Tynron), Mr Cowan, Mr John Kinross, Mr Brown (Rothesay), Mr
Brown (Alva), Mr Balfour (Clackmannan), Mr Bryce, Mr Walker (Huntly), Mr Dunn
(Cardross), Mr Johnstone (Logic), Mr French, Mr John Robertson, Mr J. G. Young,
Mr Sutherland (Dingwall), Mr Caesar (Tranent), Mr Wylie (Elgin) ; Mr Thomas
Dewar, Mr Storie, The Earl of Leven and Melville, Lord Polwarth, Sir William Baillie,
Bart., Sir Angus Campbell, Bart., Walter Cook, Esq., Isaac Bayley, Esq., Hugh Bruce,
Esq., David Milne Home, Esq., William Pagan, Esq., Alexander Russell, Esq., R. B.
Dalgleish, Esq., David Hay, Esq., John Stewart, Esq., David Johnstone, Esq.,
William Ogilvie, Esq., W. 0. Rutherford, Esq., James Johnstone, Esq., William Smith,
Esq., George Tweedie Stodart, Esq., John Shand, Esq., Colonel Dundas, Thomas Lan-
dale, Esq., James Baird, Esq., Major Duncan M*Pherson, A. Y. Howison, Esq., Dr
Woodford, James Dickson, Esq., William Dawson Macritchie, Esq., James Macfarlane,
Esq., gheriff Barclay. John A. Macrae, Esq., John Orr Ewing, Esq., David Smith,
Esq., William Cooper, Esq., Professor Campbell Swinton, John Tait, Esq. — Dr Ste-
venson (S. Leith), Convener.
7. On the Endowment of Chapels of Ease.
The Moderator, all the Ministers of the Presbyteries of Edinburgh and Glasgow,
Dr Chalmers, Dr Bryce, Mr Dunn (Cardross), Mr Wilson (Paisley), Dr Smith
86
COMMITTEES, 1859.
(Inyeraray), Mr Macduff (Falkland), Mr Muir (Dalmeny), Mr Muir (Gookpen), Mr
Riach (Fencaitland), Mr Buchanan (Eingarth), Dr Cook (Haddington); Sir B.
A. Anstruther, Bart., Hugh Bruce, Esq., Walter Cook, Esq., Robert Bell, Esq.,
A. S. Cook, Esq., John Tait, Esq., Professor Campbell Swinton, G. T. Stodart,
Esq., James Hope, Esq., Henry Cheyne, Esq., John Cook, Esq., Isaac Bayley,
Esq., James Johnstone, Esq., William Smith, Esq., James Kerr, Esq., Robert Scott
Moncrieff, Esq., John Cabbell, Esq., A. G. Kidston, Esq., J. H. Anderson, Esq.,
John Anderson, Esq., Alexander Berwick, Esq., William Blackwood, Esq., Patridc
Blair, Esq., A. Bufness, Esq., A. Butter, Esq., Sir James Campbell, George Demp-
ster, Esq., David Eraser, Esq., E. S. Gordon, Esq., (Jeorge Henry, Esq., J. Stewart
Hepburn, Esq., David Milne Home, Esq., Peter Imrie, Esq., Lord Justice-Clerk, David
Johnstone, Esq., David Landale, Esq., John Landels, Esq., John Leadbetter, Esq.,
W. B. Macdonald, Esq., Anthony Murray, Esq., T. G. Murray, Esq., Robert Paton,
Esq., R. W. Philip, Esq., David Rhind, Esq., George Ross, Esq., James Taylor, Esq.,
W. L. Whyte, Esq., Lord Jerviswood, R. G. Baillie, Esq., S. M. Eddington, Esq.,
David Mure, Esq., Charles Pearson, Esq., R. E. Scott, Esq., John Shand, Esq., David
Smith, Esq., David Stevenson, Esq., Sir Greorge Clerk, Bart., Sir William Baillie
Bart., James Baird, Esq., Captain George Scott, R.N., R. H. Johnstone Stewart, Esq.
— ^Dr Robertson, Convener.
8. Joint Committee on the Schemes of the Church.
The Conveners of the Six Schemes, Dr Simpson, Dr Paul, Dr Nisbet, Dr Hunter;
David Smith, Esq., John Cook, Esq., John Shand, Esq., Hugh Bruce, Esq., John
Elder, Esq., Henry Cheyne, Esq. — Dr Simpson, Convener.
9. On Sabbath Observance.
All the Ministers of the Presbyteries of Edinburgh and Glasgow, Dr Hill, Dr
Wylie, Mr Tait, Mr Lee, Mr Playfair, Mr Walker, Mr James Reid, Mr James Watson,
Mr Robert Menzies, Dr Liddell, Dr Charles, Mr Alexander Young, Dr Stirling, Mr
Charles B. Steven, Mr Robert Eirke, Dr Keith, Dr Chalmers ; Anthony Murray, Esq^
Patrick Arkley, Esq., ^ygh Barclay. Esq^ Gavin Fullerton, Esq., Robert Scott Moor
crieff, Esq., William Smith, Esq. — Dr MuiR, Convener.
10. On the Examination of Students of Divinity.
The Moderator, all the Professors of Divinity, of Ecclesiastical History, of Bibli-
cal Criticism, and of Hebrew, Dr Simpson, Dr Hunter, Dr Grant, Dr Bell, Principal
Barclay, Dr Glover, Dr Cook (Haddington), Dr Vcitch, Dr Craik, Dr Napier, Dr
Boyd, Dr Sym, Dr Forsyth, Dr Colin Smith, Dr Buchanan (Methven), Mr T.
G. Bevcridge, Mr Maclaren, Mr Cruickshanks, Dr William Park, Dr M'Qnhae,
Dr Liddell, Mr Wilson (Paisley), Mr Macculloch (Montrose), Mr Gillon (Alford),
Mr A. D. Tait, Mr D. Playfair, Mr Walker (Muthill), Dr Bisset, Dr Macfarlane
(Arroquhar), Mr Curdie, Mr M'Calman (Ardchattan), Mr Cameron (Logierait), Mr
F. Wylie, Dr Duguid, Dr Macdonald (Inverness), Mr Lillie, Mr Wilson (Forgan-
denny), Mr Gordon (Newbattle), Mr Pearson (Strathblane), Principal Campbell, fto-
fesBor Campbell Swinton, Dr Woodford. — Dr Hill, Convener.
11. On Indian Churches.
Dr Hill, Dr Muir, Dr Pirie, Dr Grant, Dr Laurie, Dr Bryce, Mr Meikliooliiij
COMMITTEES, 1869.
87
Mr Bowie, Dr Charles, Dr Yeitch, Dr Cook (Haddington), Dr Macfarlane (Dudding-
Bton), Mr E. H. Muir, Dr. Bobertson, Dr Smith (Tolbooth), Dr Jamieson, Dr Mac-
pherson, Mr Smeaton, Mr Hardy, Dr Duguid, Dr N. M*Leod (Glasgow), Dr Bisset,
Mr K. M. Phin ; Bobert Bell, Esq., Walter Cook, Esq., John Tait, Esq., James
Hope, Esq., James M'Intosh, Esq., William Cooper, Esq., Colonel Low, A. Y.
Howison, Esq., Walter Malcolm, Esq., Sir John H. Maxwell, Bart., The Earl of
Selkirk,— Dr Bryce, Conyener.
12. On Gaelic Scriptures.
Principal Dewar, Dr Robertson, Dr M*Leod (St Columba, Gflasgow), Dr M'Lcod
(Morren), Mr Mackenzie (South Knapdale), Dr Smith (Inveraray), Mr M'Intyre (Kil-
moniyaig), Mr Macdonald (Comrie), Mr Clerk (Eilmallie), Mr John Macfarlane. —
Dr Smith, Conrener.
13. On Finance.
The Moderator, Dr Mnir, Dr Simpson, Dr Pirie, Dr Macfarlane, Mr E. M.
Phin, Dr George Smith ; Henry Cheyne, Esq., Robert Bell, Esq., Professor
Campbell Swinton, Patrick Arkley, Esq., David Smith, Esq., William Cooper, Esq.,
Walter Cook, Esq., Isaac Bayley, Esq., John Shand, Esq., Macduff Rhind, Esq.—
Mr Chbyne, Convener.
14. On Correspondence with Foreign Churches.
The Moderator, Dr Hill, Dr Simpson, Dr M'Leod (St Columba, Glasgow),
Dr M'Leod (Morven), Dr Paul (St Cuthbert^s), Dr Muir, Dr Hunter, Mr W. Robertson
(New Greyfriar's), Dr Crawford, Dr Veitch, Dr Aitken, Mr Yair, Mr Story, Dr N.
M'Leod (Glasgow), Mr Playfair, Mr Ingram, Mr Macduff (Falkland), Dr Nisbet, Mr
W. Milligan, Mr Donaldson, Principal Campbell, Dr Bremner, Dr Smith (Inveraray),
Mr Gordon (Newbattle), Mr Clark (Kilmallie), Mr M'Intosh (Buchanan), Dr Craik,
Mr Gilchrist, Dr Pirie, Mr Wylie, Mr Stevenson (Dairy), Dr Stevenson (Leith), Mr
Robertson (Monzievaird), Mr Story (Roseneath), Dr Jamieson ; Patrick Arkley, Esq.,
Sir Ralph A. Anstruther, Bart., Sir James D. H. Elphinstone, Bart., Sir John H.
Maxwell, Bart., R. G. Baillie, Esq., R. Scott Moncrieff, Esq., John Tait, Esq., Hugh
Bruce, Esq., J. Johnstone, Esq. of Alva, Alex. Campbell, Esq. of Ormsary, David
Milne Home, Esq.— Mr Robertson (New Greyfriar's), Convener.
16. On Aids to Devotion.
The Moderator, Dr Hill, Dr Muir, Dr Simpson, Dr Buist, Dr Paul (St Cuthbert's),
Dr M^Leod (Morven), Dr Robertson, Dr Leishman, Dr Hunter, Dr Crawford, Dr
M'Culloch, Dr Pirie, Dr Macfarlane, Dr Veitch, Dr N. M'Leod (Glasgow), Dr Nisbet,
Dr M'Donald (Inverness), Principal Campbell, Mr W. Robertson (Monzievaird), Dr
Fowler, Mr W. H. Gray, Mr Nicholson, Principal TuUoch, Professor Mitchell, Dr
Stevenson, Dr Amot, Mr Riach, Mr Wright (Dalkeith), Mr Robertson (Glasgow),
Dr Cook (Haddington), Mr Macrae (Hawick), Principal Dewar, Dr Jamieson,
Mr Archd. Watson, Mr Cumming (Perth), Dr Chalmers, Dr W. Brown, Principal
Barclay, Dr Liddell, Dr Charles, Mr Paisley ; The Earl of Selkirk, Sir J. H. Maxwell,
Bart., Sir William Jardine, Bart., The Jnint-TVofinrsttnr^ ^^b^'j^ TUr^lay, Walter Cook,
Esq., John Tait, Esq., Sir Hugh Lyon Playfair, Robert Scott MoncrieflF, Esq., James
Johnstone* Esq., Professor Campbell Swinton. — ^Dr Crawfobd, Convener.
88
COMMITTEES, 1859.
16. On the Feuing of Glebes.
The Moderator, Dr Leishman, Dr Hill, Dr Paul (St Cuthbert's), Dr Simpson, Dr
Grant, Dr Robertson, Dr M'Quhae, Dr Veitch, Mr Cruickshanks, Mr Mackenzie (Lass-
wade), Mr Ingram, Dr Cook (Haddington), Mr Kinross, Mr E. M. Fhin, Mr Gordon
(Newbattle); Robert Bell, Esq., Sir John H. Maxwell, David Milne Home, Esq.,
Walter Cook, Esq., Henry Cheyne, Esq., Sir George Clerk, Bart. — Mr Phin, Conrener.
17. On Parochial Schoolmasters and Schools.
The Moderator, Dr Robertson, Dr Grant, Dr Hill, Dr Simpson, Dr Graham,
Dr Bell, Dr Hunter, Dr Craik, Dr Cook (Haddington), Mr Robertson, Dr Veitch,
Mr Nicholson, Mr Phin, Mr D. Home, Mr A. D. Tait, Mr William Lee, Mr A.
Taylor, Dr Nisbet, Mr W. H. Gray, Dr Macfarlane, Dr Paul (St Cuthbert's), Mr
Thomas Gordon, Dr Jamieson, Dr Macpherson, Mr A. R. Irvine, Mr A. R. Bonar,
Dr George Smith, Dr Barty, Dr N, M'Leod, Mr D. Esdaile ; Sir James D. H. Elphin-
stone, Bart., Sir George Clerk, Bart., Sir William Baillie, Bart., Walter Cook, Esq.,
Professor Campbell Swinton, John Tait, Esq., Dr Bryce, A. S. Cook, Esq., John
Shand, Esq., John Elder, Esq., R. Scott Moncrieff, Esq., John Cook, Esq., D. Milne
Home, Esq., H^iHif Cheyne, Esq., David Smith, Esq., Dr Woodford, Dr Ramage, Isaac
Bayley, Esq., Alex. Watson Wemyss, Esq., J. Beatson Bell, Esq. — Dr Cook (St
Andrews) and Mr David Smith, Joint Conveners.
18. On Sabbath Schools.
Dr Hunter, Dr Hill, Dr Cook (St Andrews), Dr Runciman, Dr Jamieson, Dr
Gillan, Dr Craik, Dr Macvicar, Dr M'Leod (Barony), Mr Walker (Huntly), Mr Gillan,
Mr Irvine (Blair- Atholl), Mr Home (Corstorphine), Mr Gardner (Brechin), Mr
Macduff (Glasgow), Mr Gordon (Newbattle), Mr Esdaile, Mr M*Kie (Erskine), Mr
Playfair, Mr R. H. Muir, Mr Wilson (Paisley), Mr Kirke, Mr Watson (Glasgow), Mr
Logic, Mr Gray (Lady Tester's), Mr Robertson (Glasgow), Professor Mitchell, Mr
Frazer (Aberdeen) ; Professor Campbell Swinton, Sheriff Barclay, Sheriff Arkley, John
Mitchell, Esq., James Macallan, Esq., John King, Jbsq., Vviiiiam Cooper, Esq., James
A. Campbell, Esq., Thomas G. Murray, Esq., Charles H. Murray, Esq., John
Christie, Esq. ; and the following, being Conveners of Committees of Synod, viz. : —
Mr John Paton for Merse and Teviotdale, — Mr John Anderson for Dumfries, — Mr
George Murray for Galloway, — Mr James Cruickshank for Glasgow and Ayr, — Dr
Colin Smith for Argyle, — Mr J. Elder Cumming for Perth and Stirling, — Mr William
Leitch for Fife, — Mr J. Gerard Young for Angus and Mearns, — Mr J. Davidson for
Aberdeen, — Mr George Gray for Moray, — Mr Donald M'Intyre for Ross, — Mr William
Phin for Sutherland and Caithness, — Mr John Macrae for Glenelg, — Mr Gavin Lochore
for Orkney, — and Mr Z. M. Hamilton for Shetland. — Mr Leitch (Monimail), Con-
vener.
19. To Advise with the Presbytery of Dundee in regard to the State of
the Churches in Dundee.
The Moderator, Dr Robertson, Dr Crombie, Dr Hill, Dr Muir, Dr Paul, Dr
Runciman, Dr Macfarlane, Dr Fowler, Dr Veitch, Dr Pirie, Principal Tulloch, Dr
Arnot, Mr Wilson (Paisley), Mr K. M. Phin, Dr Adie ; A. S. Cook, Esq., Henry
Cheyne, Esq., David Smith, Esq., John Shand, Esq., Professor Campbell Swinton, Dr
Bryce, Sheriff Barclay^ William Cooper, Esq. — Mr Shand, Convener.
COMMITTEES, 1859.
89
20. On Debts affecting Chapels of Ease.
Dr Hill, Dr Simpson, Dr Robertson, Dr Hunter, Dr Grant, Dr Paul (St Cuth-
bert's), Mr Lewis Rose, Mr Hugh Aird, Mr D. Makellar, Mr William Shaw ; Pro-
fessor Campbell Swinton, John King, Esq., John Mitchell, Esq., David Milne Home,
Esq., John Shand, Esq., Isaac Bayley, Esq., David Smith, Esq. — Professor Camp-
bell Swinton, Convener.
21. To Watch over the Practical Working of the Act for regulating the
Admission of Professors into Lay Chairs in the Universities of Scotland,
and the proceedings of the Commissioners under the late Universities
(Scotland) Act.
The Moderator, Principal Barclay, Dr R. Lee, Dr Hill, Principal Tulloch, Profes-
sor Mitchell, Dr MTherson, Dr Pirie, Dr Hunter, Dr Leishman, Mr Robertson,
(Glasgow), Dr Craik, Mr Milligan, Dr Paul, Dr Bell, Mr Phin, Dr Jamieson, Dr
Robertson, Dr Bryce ; John Tait, Esq., John Ross, Esq., David Smith, Esq., Henry
Cheyne, Esq., Sheriff Arkley, David Milne Home, Esq., Mr John Cook, Sheriff Barclay,
— Dr Cook (Haddington), Coijvener.
22. On Unexhausted Teinds and Augmentations.
Dr Hill, Dr Cook (Haddington), Mr Murray (Morton), Mr Muir (St Vigeans),
Mr Phin (Galashiels), Dr Bryce, Dr Smith (Tolbooth) ; Henry Moffat, Esq., John
Shand, Esq. — Mr Shand, Convener.
23. On the Paraphrases and Hymns.
The Moderator, Dp-JWwrtisuoji, Dr Muir, Dr Grant, Dr Hunter, Dr Amot, Dr
Nisbet, Principal Campbell, Dr Liddell, Dr Stevenson (Leith), Dr Craik, Dr M* Vicar,
Dr Park, Professor Mitchell, Mr Cochrane, Mr Rose, Mr Menzies, Mr M*Culloch,
Mr Brown, Dr N. M'Leod, Mr William Lee, Dr Crawford, Mr Robertson (Hamilton),
Mr Playfair, Mr Muir (Dalmeny), Mr J. R. Macduff, Mr Cumming, Mr Robertson
(Monzievaird), Dr Macpherson, Principal Tulloch, Principal Barclay, Dr Lee, Mr
Bonar, Mr Hutchison (Banchory) ; Sir William Baillie, Bart., Sheriff Tait, Sheriff
Arkley, Alexander M*Duff, Esq. — Dr Arnot, Convener.
24. On the Accommodation of the General Assembly.
The Moderator, Dr Robertson, Dr Hill, Dr Grant, Dr Simpson, Dr Leishman,
Dr Smith (Tolbooth), Dr Robert Lee, Dr Craik, Dr Cook (Haddington), Dr
Charles, Dr Macpherson, Dr Sym, Mr K. M. Phin, Mr Colin M*Culloch, Mr James
M*Gowan, Mr Thomas Irvine, Mr Patrick Bell, Mr M. C. Mackenzie; The Earl
of Selkirk, Sir John Heron Maxwell, Robert Bell, Esq., Robert Ritchie, Esq., David
Smith, Esq., Dr Stark, Henry Cheyne, Esq., A. S. Cook, Esq., Alexander Cassels,
Esq., Sir Hugh L. Playfair, Thomas Lebum, Esq., Hugh Bruce, Esq., David Rhind,
Esq., John A. Macrae, Esq., John Scott Chisholm, Esq., John Beatson Bell, Esq.,
Dr Woodford, Adam Mossman, Esq. — Dr Smith, Convener.
90
COMMITTEES, 1859.
25. On the Temporalities of Benefices.
The Moderator, Dr Cook (Haddington), Dr ffill, Dr Grant, Dr Panl (St Cuth-
bert's), Dayid Smith, Esq., Henry Cheyne, Esq., John Cook, Esq., John Shand, Esq.,
John Tait, Esq., Archibald Cuthbertson, Esq., Professor Campbell Swinton. — Dr
Cook (Haddington), Convener.
26. On the Extension and Improvement of Scotch Universities.
The Moderator, Dr Robertson, Dr Hill, Dr Grant, Dr Robert Lee, Dr Jackson,
Professor Weir, Principal TuUoch, Dr Brown, Professor Mitchell, Principal Campbell,
Dr Pirie, Dr Macpherson, Dr Cruickshanks, Dr Cook (Haddington), Dr Craik, Dr
Bisset, Dr Chalmers ; Professor Campbell Swinton, Dayid Smith, Esq., Isaac Bayley,
Esq., Henry Cheyne, Esq. — Dr Robertson, Convener.
27. On Ecclesiastical Records.
The Moderator, Dr Robertson, Dr Bell, Dr Veitch, Dr Fowler, Mr R. H.
Mnir, Mr Niyen, Dr Bremner, Dr Paul (Banchory-Devenick), Dr Stevenson, Mr Gor-
don (Newbattle), Mr Tait ; Dr Stark, Sheriff Barclay, Sheriff Arkley, John Cook, Esq.
—Mr MuiR and Dr Stark, Joint Conveners.
28. For Revising Constitutions and Titles of Churches.
The Moderator, Dr Leishman, Mr Nicholson, Mr Tait, Dr Wylie, Principal
Barclay, Dr Menzies ; J. Baird, Esq., H. Sellars, Esq., Procurator Cook, Henry Cheyne,
Esq,, David Smith, Esq., Isaac Bayley, Esq., James Hope, Esq.— Mr Cheyne,
Convener.
29. On Correspondence with the Synod in England, in connection with the
Church of Scotland.
Dr Muir, Dr Robertson, Dr Crawford, Dr John Panl, Dr Cook (Haddington), Dr
Fowler, Dr Hill, Dr Pirie, Principal Tnlloch, Mr Nicholson, Dr M'Leod (Barony),
Mr Dobie (Ladykirk), Mr Giffen (Dailly); Professor Campbell Swinton, John Tait,
Esq., David Smith, Esq., John Orr Ewing, Esq. — Dr Fowler, Convener.
30. On Celebrating Tricentenary of the Reformation.
The Moderator, Dr Leishman, Dr Muir, Dr Hill, Principal Tulloch, Dr Robertson,
Dr Hunter, Mr Nicholson, Dr M'Pherson, Dr Pirie ; Sheriff BarclaY^ Sheriff Arkley,
J. A. Macrae, Esq., F. J. Cochran, Esq., Professor Mitchell, J. i^aird, Esq., Major
Baillie, Alexander M'Duff, Esq., Donald M'Laren, Esq. — Mr Nicholson, Convener.
31. On the Working of the Benefices Act.
The Moderator, Principal Tulloch, Dr Robertson, Dr Muir, Dr John Paul,
COMMITTEES, 1859.
91
Dr Simpson, Dr Hill, Dr Pine, Dr Cook (Haddington), Dr Paul (Banchory),
Dr Macfarlane, Dr Oillan, Dr M'Pherson, Mr Bobertson (Monzieyaird), Mr Gib-
bon, Mr M'Cullocli (Montrose), Mr M'Eenzie (Urquhart), Mr Pearson (Strath-
blane); A. S. Cook, Esq., David Smith, Esq., Sheriff Barclay, Henry Cheyne, Esq. —
Dr Leishman, Convener. '
32. On Parliamentary Manses, &c.
The Moderator, Dr Cook (Haddington), Dr Robertson, Dr Muir, Dr Macfar-
lane ; The Joint Procurators, Professor Campbell Swinton, Sheriff Tait. — Dr Robert-
son, Convener.
33. On Sale of Patronages during Vacancies.
The Moderator, Dr Robertson, Dr Hill, Dr Cook (Haddington) ; Sir J. D. H.
Elphinstone, Bart., Professor Campbell Swinton.— Professor Swinton, Convener.
34. On Gaelic Preaching.
Dr Hill, Dr Muir, Dr Cook (Haddington), Mr John M'Intyre (Eilmonivaig), Mr
Archibald Clark (Kilmallie), Mr Alexander Mackenzie (Enapdale), Mr Alexander
Campbell (Weem), Dr Macdonald (Comrie), Principal Dewar, Mr D. Masson, Dr
Smith (Inveraray), Dr Macfarlane (Arrochar), Dr Macdonald (Inverness), Mr
John Forbes (Sleat), Mr Donald M'Conochie (Urquhart), Mr Malcolm M*Intyre
(Boleskine), Mr Alex. M*Gregor (Inverness), Mr John Campbell (Killin), Mr David
Ross (Eiltarlity), Mr Donald M'Calman (Ardchattan) ; Patrick Grant, Esq., John A.
Macrae, Esq., Major Macpherson, The Joint Procurators, Archibald Campbell Swinton,
Esq.— Mr M'Intyre, Convener.
36. On Obtaining Proper Accommodation for the Records of the Church.
The Moderator, Dr Hill, Dr Robertson, Dr Muir, Dr Pirie, Dr James Macfarlane,
Dr Crawford, Dr Robert Lee, Dr Cook (Haddington), Dr Simpson, Dr W. Paul,
Dr George Smith ; The Earl of Selkirk, Sir John Heron Maxwell, Bart., Sir Wil-
liam Jardine, Bart., The Joint Procurator, Walter Cook, Esq., John Cook, Esq., John
A. Macrae, Esq., David Smith, Esq., Henry Cheyne, Esq., Professor Campbell Swinton,
Sheriff Arkley. — Mr Cheyne, Convener.
36. On Collections in Cases of Emergency by the Church.
The Moderator, Dr Robertson, Dr Muir, Dr Hill, Dr Crawford, Dr Cook
(Haddington), Dr Fowler ; David Smith, Esq., Henry Cheyne, Esq., John Shand,
Esq., John A, ifacrae, Esq. — ^Dr Robertson, Convener.
37. On the Relations subsisting between the Church and the Universities.
The Moderator, Principal Barclay, Dr Robertson, Dr Lee, Dr N. Macleod, Dr
M^Ph^son, Mr W. R. Gray, Mr Donaldson (Kirkconnel), Professor Campbell Swinton,
92
COMMITTEES, 1859.
Thomas Dunn, Esq., James G. Morison, Esq., Thomas Leburn, Esq., William Cooper,
Esq. — Dr Robertson, Convener.
38. On the Door-Keepers, and other matters affecting the order of the House.
The Moderator, Dr Hill, Mr Murray, (Melrose), Mr Donaldson, (Kirkconnnel) ;
Henry Cheyne, Esq., David Smith, Esq., and the OflSce-bearers. — Mr Cheyne, Convener.
39. On the Annuity-Tax, Edinburgh.
The Moderator, Dr Robertson, Dr Hill ; Lord Belhaven, Lord Polwarth, Sir James
D. Elphinstone, Professor Campbell Swinton, David Smith, Esq. — Dr Robertson,
Convener.
40. On the Regulation of the Forms of Religious Worship.
The Moderator, Dr Hill, Dr Robertson, Dr Pirie, Dr N. M'Leod, Principal
TuUoch, Dr Glover, Dr Lee, Mr Gordon (Newbattle), Mr Nicholson, Mr Phin, Dr
Hunter, Mr Tait (Kirkliston), Dr Leishman, Principal Barclay ; Lord Belhaven, Lord
Selkirk, Lord Polwarth, Sir John H. Maxwell, The Joint Procurator, John Tait, Esq.,
David Milne Home, Esq., Professor C. Swinton, SheriflF Arkley, John Scott Chisholm,
Esq., Sheriff Barclay, Major Baillie, Henry Cheyne, Esq., David Smith, Esq., Isaac
Bayley, Esq. — l)r Robertson, Convener.
41. For Improvement and Management of Missionary Record.
The Moderator, Principal Tulloch, Dr Leishman, Dr N. M'Leod, Mr Black, Mr
Phin, Mr Nicholson, Mr Gordon (Newbattle) ; Professor Mitchell, Major Baillie, Pro-
fessor Swinton, H. Cheyne, Esq.— Mr Nicholson, Convener.
42. For Collecting and Publishing the Pastoral Addresses drawn up by the
late Principal Lee.
The Moderator, Dr Hill, Dr Hunter, Dr Pirie, Dr Balfour, Dr Robertson ; Walter
Cook, Esq., Professor Swinton. — Dr Robertson, Convener.
43. To inquire into the operations of the Popery Committee, &c.
«
Dr Robertson, Dr Hunter, Mr Nicholson, Dr Crawford, Mr Robertson (Greyfriar's),
Mr Smith (Trinity College Church) ; David Smith, Esq., John Tait, Esq., J. A.
Macrae, Esq. — Dr Robertson, Convener.
44. To Communicate with Her Majesty's Government anent Gaelic
Scriptures.
The Moderator, Dr Hill, Dr Robertson, Dr Smith (Inveraray) ; Sheriff Tait.— Dr
Smith, Convener.
COMMITTEES, 1859.
93
45. To confer with Presentee to Trumisgarry.
Dr Hill, Dr M'Leod (Barony), Dr Leishman, Mr Park (Cumbernauld), Dr Smith
(Inveraray) ; Mr Thomas Munro.— Dr Hill, Conyener.
46. On taking the Vote in Divisions.
The OflSce-bearers, Dr Robertson, Dr Bryce ; David Milne Home, Sheriff Tait,
Henry Cheyne, Esq., David Smith, Esq. — ^Dr Simpson, Convener.
47. On the Removal of Difficulties under the Act for Disjoining or Dividing
Parishes, &c. (7 and 8 Vict., c. 44).
The Moderator, Dr Hill, Dr Muir, Dr Robertson, Dr Macfarlane (Dnddingstone),
Dr Cook (Haddington), Dr Crawford, A. Macduff, Esq., David Smith, Esq., Henry
Cheyne, Esq., John Shand, Esq., — Dr Robertson, Convener.
48. On Appropriating a portion of the Stipends of Ministers, suspended in
the exercise of Discipline, towards the Administration of Ordinances
in the Deprived Parishes.
The Moderator, Dr Hill, Dr Muir, Dr Robertson, Dr Macfarlane (Duddingstone),
Dr Cook (Haddington), Dr Crawford, A. Macduff, Esq., David Smith, Esq., Henry
Cheyne, Esq., John Shand, Esq. — Dr Robertson, Convener.
49. For receiving the Records, &c., of the Church from the family of
Principal Lee, and for the arrangement and care of the Library.
The OfSce-bearers, Dr Robertson, Dr Bisset, Professor Swinton, David Smith,
Esq., Henry Cheyne, Esq. — Dr Simpson, Convener.
50. On the Overture for the relief of Aged and Indigent Ministers in the
discharge of their duties.
The Moderator, Dr Lee, Principal Barclay, Dr N. Macleod, Dr Macpherson, Mr
Gray (Lady Tester's), Mr Donaldson (Kirkconnel), Professor Swinton, Thomas Dunn,
Esq., James G. Morrison, Esq., Thomas Lebum, Esq., William Cooper, Esq. — Dr
Lee, Convener.
ABSTRACT
THE PUBLIC ACCOUNTS
THE CHURCH OF SCOTLAND,
FOR THE YEAR ENDING 16th APRIL
MDCCCLIX.
CONTENTS.
PAOB
1. GENERAL CHURCH FUNDS, 96
2. ROYAL BOUNTY, . 97
3. CENTESmA FUND, 98
4. EDUCATION, 98
5. INDLAN MISSION, 102
6. HOME MISSION, 104
7. COLONIAL CHURCHES, 106
8. JEWS' CONVERSION, HO
9. ENDOWMENT SCHEME, 113
96
PUBLIC ACCOUNTS OF THE CHURCH.
L— GENERAL CHURCH FUNDS.
CUAROE.
I. Balance on hand at 15^% April 1858, per Abstract of last year: — £380 16 2
II. Annual Grant from Government for 1868-59 : —
Payable in Quarterly Instalments, . . £1100 0 0
Less Income Tax, . . . 22 18 4
1077 1 8
HI. Church J)00R Collecj^ONS and Donations received durincp the Year
Sum, . . . . . . 42 8 8
IV. Interest on Bank Account, . . . 6 15
Sum op the Charge, £1506 7 11
DISCHARGE,
L Salaries:—
Moderator, ....... £195 16 8
Procurator, . . . . . . . 195 16 8
Principal Clerk, . . . . . . 130 11 0
Sub-Clerk, . . . . . . . 110 19 4
Agent (including Allowance for preparing Acts for Publication, and Duplicate
Sets Records), . . . . . . 197 12 8
Procurators Clerks, . . . . . 29 , 7 6
London Solicitor, . . . . . . 20 9 6
The above under dedaction of Income Tax.
Beadles, . . . . . 32 0 0
Officer at entrance to Throne, . . • . 3 3 0
Precentor, . . . 2 15 0
£918 11 3
H. Printing : —
1. Acts of Assembly, Abstract of Church Accounts 1857-58, and circulating
same, ...... £37 6 7
2. Standing Orders, Regnlations, &c., 10 19 6
3. Circulars, Meetings of Commission,. &c., 3 15 3
52 1 4
III. Allowances for Stationery :—
To Agent, . . . . £4 4 0
Principal Clerk, . . . 3 3 0
Sub-Clerk, . . . . 3 3 0
10 10 0
IV. Expense of Stationery for Committees, fee., for the two past years, 9 16 7
V. Advertising: —
Meeting of General Assembly, Meetings of Commission, &e., 10 18 9
VI. Expenses connected with the Assembly Hall : —
Gas, . . . £1 18 6
Coals, . . . . 19 4
Water Duty, . . . . 10 0
Cleaning and Lighting Hall, . . 3 4 0
7 11 10
Carryforward £1009 8 9
PUBLIO ACCOUNTS OF THE CHURCH.
97
GENERAL CHURCH FUNDS— Continued.
Brought forward,
Vn. Postages and Incidental Expenses : —
Agent's Postages, and AUowanoe for Coals, . . £12 8 8
Procurator's Postages, . . 0 118
Postages of Circular by Dr Hill to Members of Assembly, 17 8
Expense of Binding Volumes of Assembly Papers, &c. 3 7 6
£1009 8 9
Vlll. Expenses incurred by the Assembly's Committee on Parish Schools,
IX. Accounts op Business : —
1. To London Solicitor : —
For Sundries, . . . . £0 15 10
2. To Agent:—
For Copyings, . ' . . . . 2 110
X. AtTDiTOR's Fee : —
For Auditing Accounts and preparing Abstract for the past year.
XI. Funds on hand at I5th April 1869 : —
Balance in Bank,
17 15 1
3 18 2
3 6 10
3 3 0
£1037 11 10
468 16 1
Sum op the Discharge, £1506 7 11
11. THE ROYAL BOUNTY.
CHAROF.
L Balance in Bank at 15th April 1858, .... £1157 5 6
IL Hbr Majesty's Royal Bounty for the year 1858-69, £2000 0 0
Less Inoome-Tax retained on Salaries, • . 6 11 3
1993 8 9
in. Interest on Bank Account at I6th April 1859, . 27 16 6
Sum op the Charge, £3178 9 7
DISCffARGK
I. Salaries: —
To 59 Acting Missionaries, Catechists, and Scripture Eeaders, £2216 9 4
To 3 Retired Missionaries, . . . 105 0 0
£2321 9 4
II. Travelling Expenses of Candidates, . . . 24 1 0
HI. Expense of repairing Mission-House at Burravoe, . 69 12 1
IV. Expenses of Management : —
1. Salaries: —
Dr Simpson, as Clerk to Committee, less
k Tax, . . £24 9 7
I \ Mr Bell, as Clerk to Finance Committee,
L \ less Tax, . 19 11 8
y \ Officer, . 5 0 0
Carry forward, £49 1 3 £2415 2 5
N
98
PUBUO ACCOUNTS OF THE CHURCH.
ROYAL BOUNTY— CoNTiifUBD.
Brought forward, £49 1 3 £2416 2 5
2. Auditor, for 1867-68, . . 3 3 0
3. Printing, Advertising, and Stationery, 9 6 11
4. Postages and Incidents, . • 3 116
66 2 8
y. Balance in Bank at 15th April 1859, . 698 4 6
Sum of the Discharge, £3178 9 7
m. CENTESIMA FUND.
This Fund consists of five of the City of Edinburgh's Bonds of Annuity for £27 in all,
as mentioned in the Accounts of former years, and also of the under-noted sum in
Bank, under deduction of the sum due to the Treasurer. The Annuities under the
above Bonds are payable by moieties at Candlemas and Lammas. The Bonds can only
be redeemed on payment at the rate of £100 for each £3 of Annuity.
The value of the above five Bonds, taken at £79, lOs. for each £3 of Annuity, the present
selling price, is ..... . £715 10 0
Amount deposited in Bank at 15th April 1859, . . . £39 0 0
Less Balance due to the Treasurer, . . .16 1
37 13 11
Sum, £763 3 11
Nou. — ^The seUing price ttated in last year's Acoount wis £79 for each £3 of Annuity. The market
value depends on the current Rate of Interest
The present Annuitants on the Fund are Misses Mary and Ann Morrison, mentioned in
previous Accounts, who receive an Annuity of £10 each, payable in August. The
balance of the Annuities received on the City Bonds, and also the Bank Interest,
is intended, in the meantime, to be accumulated along with the sum presently in Bank.
IV.—EDUCATION.
I. GENERAL FUND.
CJIAROE,
I. Balance due to (he Scheme at \bth April 1858: —
Sum, per Abstract of last year, ..... £3290 0 4
II. Income of the Scheme for the year ending \bth April 1859 : —
1. Collections from 894 Parishes and Chapels —
Sum, ...... £2869 6 9
2fou. — From 170 Parishes no contributions have been received.
2. Annual Subscriptions, .... 318 14 0
Carryforward, £3178 0 9 £3290 0 4
PUBLIC ACCOUNTS OF THE CHURCH.
99
EDUCATION— Continued.
Brought forward, £3178 0 9 £3290 0 4
3. Donations —
1. From Parochial, Congregational, and Missionary Associa-
tions, . . . £164 12 7
2. From Individuals, . 88 2 0
262 14 7
4. Legacies, . . . . . . 759 2 1
6. Contributions from Lay Association, for the year 1858-59, 460 4 0
6. Dividends on £4705, 17s. 8d. Government Stock (Dr Bell's
Legacy), for 1858-59, . . 138 4 10
7. Annual Grants from the Duke of Sutherland for Schools, 150 1 6
8. Interest on Bank Account, . . . • 10 10 1
9. Books sold by Teachers, . . . 130 9 8
Total Income, 1858-59, 5079 7 6
Sum of the Chakgb, £8369 7 10
mSCHARQE.
L Expenditure on the General Scheme during the year ending Ibth April 1869 : —
1. Expenses relative to Schools : —
1. Salaries —
To 162 Male Teachers, ..... £3032 3 6
To 18 Female Teachers, . . . . 127 10 6
2. Advances on account of next year's Salaries,
3. Grants to Widow of late Teacher at Laggaratown,
4. Retired Allowances, . . • .
5. Donations to Schools not on the Scheme, .
6. Travelling Expenses of Teachers to their Stations, .
7. Books purchased for Schools (subject to repayment),
8. Carriages of Books to Stations,
9. Missionary Record to Teachers, .
2. Sums paid to Messrs Paton and Ritchie for furnishing copies of Mis-
sionary Record for gratuitous circulation, from June 1858 to June
1859.
Proportion chargeable upon the Education Scheme, .
8. Schemes' Office — one-sixth share of Expenses : —
1. Of Collector's and Officer's Salaries for the past year, .
2. Of Taxes, Coals, Gas, &c. ...
3. Of Printing, Books, and Stationery,
4. Of Despatching Missionary Record to Clergy and others,
monthly, .....
5. Of Postages and Incidents,
£3159 14
8 10
18 15
28 11
40 0
35 7
257 12
9 1
20 11
0
0
0
9
0
3
9
1
3
£3578 3 1
32 9 10
£27
6
8
10
14
3
3
6
3
2
11
6
4
1
4
48 0 0
4. ExPEirsES incurred by Secretary in Inspecting Schools in the High-
lands and Islands, &c., .....
5. TKAVELLI50 Expenses incurred by Convener,
6. Fbintino Annual Report, Presbyterial Reports, Schedules, Notice
of Annual Collection, Lithographing Circulars, &c.,
7. ADVEBTlsuro and Stationery,
65
20
97 6
18 18
0
0
7
3
Carry forward, £3859 17 9
1,00
JPTJJBLIC ACCOUNTS OF THE OHUEOH.
EDUCATION— CoHTiHTOD.
Brought forward, £38 9 17 9
8. Postages, Carriages, and Incidental Expenses : —
1. Incidents, including Postages, Carriage of Parcels to Presbyteries and
Ministers, Porterage, &c., incurred in the General Management of the
Scheme, ..... £30 19 0
2. Commissions allowed on Subscriptions, &c., in Edinburgh
and Glasgow, . . 10 0 0
40 19 0
9. Expenses of Management : —
1. Salary to Secretary — ^£250 per annum-
Proportion chargeable upon the General Branch of the
Scheme, . . . . £187 10 0
2. Salary to Clerk of the Committee, £135 —
Proportion chargeable upon the General Scheme, 101 6 0
3. Allowance to Auditor and Accountant —
1. For Auditing, Framing, and Beporting upon the
Accounts for the year ending 16th April
1868, . . . £18 18 0
2. Proportion of General Allowance for
superintending Funds, Auditing Col-
lectors' Books, &c., for the year io
16th April 1869, . . 2 12 6
21 10 6
310 6 6
Sum, £4211 2 3
II. Edinburgh and Glasgow Normal Schools :—
1. Balance due to formal Schools at 16th April 1858, £391 12 5
2. Annual Sum payable to Normal Schools for 1868-9, 600 0 0
891 12 6
III. Payment into the East and West India Fund Account : —
Sum, . . . . 200 0 0
See Abstract of said Account — Charge, Branch III.
rV. Balance due to the General Scheme at 15th April 1859 : —
Balance in Union Bank, .... £2606 9 2
Contributions from Lay Association, for the year 1868-69, 460 4 0
3066 13 2
Sum op Discharge, £8369 7 10
STATE OF FUNDS.
I. Balance in Bank, ....... £3066 13 2
II. Government Stock (Dr Bell's Legacy), .... 4705 17 8
Invested in names of Rev. Dr ftfuir, Rev. Dr Grant, Rev. Dr Macfarlane,
and Isaac Bayley, Esq.
III. East and West India Fund : —
1. Amount invested in Schemes' OflSce and in Glasgow Normal School
Buildings, ..... £800 0 0
2. Payment towards purchase of Boarding-house in Picardy
Place, . . . . . 630 0 0
3. Balance in Bank, . . 426 12 3
1855 12 3
£9628 3 1
PUBLIO . ACCOUNTS OF THE CHU|IGH. 101
EDUCATION— CoNTiinjBD.
n. EAST AND WEST INDIA FUND.
CHARGE.
L BALAlfCB in Bank at 15th April 1858 :—
Per last year's Account, ...... JE678 2 3
II. Dividends on Crovernment Stock recovered:. —
Amount, . • . . . . . . 175 16 0
NoU, — These DividendB, due in 1843-4, were aocidentaUy omitted to be drawn
when the stock was sold out.
III. Sum received from General Fund, . . . 200 0 0
See General Abstract — Discharge, Branch III.
IV. Interest on Bank Account, . . . 1 15 0
Sum, £1055 12 3
discharge.
I. Sum advanced towards Purchase of Boarding-house in Picardy Place on
15th May 1858, . . ~: . . £630 0 0
Note. — The hoose was purchased by the Trustees of the late
Dr Bell for the sum of £2220, whereof £1600 was
borrowed on the security of the house, and the re-
mainder advanced out of this fund as above.
n. Balance in Bank at 15th April 1869, . . 425 12 3
Sum, £1065 12 3
III. NORMAL SCHOOL FUND.
CHARGE.
L Sums received from General Fund: —
1. Balance due to Normal Schools at 15th April 1858, . . £891 12 5
2. Annual Sum payable to Normal Schools from General Fund, for 1858-59, 500 0 0
£891 12 5
See preceding General Account — Discharge, Branch XL
II. Government Grants and Allowances, and other Receipts : —
For the year 1858-69, ...... 8700 17 4
^ Sum of the Charge, c£9592 9 9
discharge.
I. Expenditure on Normal Schools during the year 1858-59 : —
Amount, . £7732 13 11
II. Balance in Bank at 15th April 1859: —
Sum, • . . . . 1859 14 10
Sum of the Discharge, £9592 9 9
Nou. — As the Government School Tear does not terminate until 1st July, the
details of the Normal School Receipts and Expenditure are not here
given, but there will be exhibited to next year's Assembly a detailed
statement brought down to dlst December 1859.
102
PUBLIC ACCOUNTS OF THE CHUTROH.
V. INDIA MISSION.
I. GENERAL FUND.
CHARGE,
I. Balance due to the Scheme at \bth April 1858 : —
Per Abstract of last year, ..... £1297 17 11
U. General Income of the Scheme for the Tear ending 15tA April 1859 : —
1. Collections and Contributions —
From 862 Parishes and Chapels, . £3175 17 4
Jfote, — From 205 Parishei no Contribations have been
received.
From Parochial, Congregational, and Missionary Asso-
ciations, • • • • . 208 9 1
From Individuals, .... 157 16 0
From the Lay Association," for the Year 1858--59, 161 6 6
£3703 8 11
2. Legacies, . . . . . 318 19 4
3. Interest on Bank Account (balance), . . 0 16 2
Total General Income, 1858-59, 4023 4 6
III. Dividends and Interest of the •* Murray Fund," set apart for
Scholarships : —
Sum, . . • • . 64 14 8
IV. Interest of Crichton and Wilson Funds,'' Invested for Special Pur-
poses : —
Sum, • . . . • . . . 62 5 4
V. Sums Borrowed from " Invalid Fund —
Amount, 387 15 0
Sum of the Charge, £5835 17 4
mSCHAROE.
Expenditure during the year ending 15th April 1859 :
Expenses of Missionary Establi
1. At Calcutta,
2. At Bombay,
3. At Madras,
shments —
£1059 0 5
819 15 4
942 10 0
£2821 5 9
2. Outfit and Passage-Money of Mr Grant to Bombay, . . 157 0 0
3. Grant by the Committee to the Rev. W. White on
his return from India, . . • • . 50 0 0
4. Expense of Stamped Records for India, . . . 15 6 0
5. Sums paid to Messrs Paton and Ritchie for Copies of Missionary
Record for gratuitous circulation among the Clergy, &c. —
Proportion payable by this Scheme, . . . . 32 9 10
6. Schemes' Office — Share of Expenses —
1. Of Collector's and Officer's Salaries, . . £27 6 8
2. Of Taxes, Coals, Gas, &c., . . . 10 14 3
3. Of Printing, Books, and Stationery, . . 3 6 4
4. Of Despatching Record monthly to Clergy and others, 2 11 6
5. Of Postages and Incidents, . . . 4 13
48 0 0
Carryforward, £3124 1 7
PUBLIC ACCOXJNTS OF THE CHURCH.
108
INDIA MISSION—CoiiTiKUBii.
1. Allowance to Financial Secretary for the year to
15th April 1859, ....
2. Allowance to Secretary to the Acting Committee for
same period, .....
3. Allowance to Auditor and Accountant —
For Auditing, Framing, and Report-
ing upon the Accounts for the year
ending 15th April 1858, . £12 12 0
Proportion of General Allowance for
Auditing Collectors' Books, &c. for
the current year, . . 2 12 6
Brought forward,
7. Printing Annual Reporti
8. Printing Notices of Annual Collection, &C,
9. Advertising, ....
10. ExPSNSB of Transfer of Royal Bank Stock,
11. Exchange and Bank Charges on Remittances,
12. Postages and Incidents —
1. Postages and Incidents incurred in the general ma-
nagement of the Scheme (including Convener's
Travelling Expenses, &c.),
2. Expense of despatching Notices of Annual Collection,
3. Annual Allowance to Mr M*Gallum, Glasgow, for
despatching Circulars, &c.,
13. Expenses of Management —
£41 16
11 14
6 0 0
£63 0 0
25 0 0
16 4 6
7
7
£3124 1
10 9
33 13 9
9 0 0
4 0
9 9
0
7
68 11 2
103 4 6
Total Expendituke foe 1858-59, £3362 10 2
II. Balances due to the Scheme at Ibth April 1859 —
1. Balance in Bank, .... £2322 0 8
2. Contrihution from " Lay Association'* for 1858-59, 161 6 6
2483 7 2
Sum of the Dischaege, £5835 17 4
n. INVALID FUND.
CRAROE,
I. Balance in Bank at Ibth April 1858, per Abstract of last year, . £208 2 0
11. Dividends on £3000 Stock of the Royal Bank of Scotland-
Due at Midsummer 1858, .... £87 15 0
Due at Christmas 1858, . . . . 68 2 6
175 17 6
m. Interest on Bank Acconnt at Ibih April 1859, . . . 2 10 5
lY. Balance due to the Bank at Ibth April 1859, . 1 5 1
Sum, £387 15 0
io4
F&BLIO ACCOUNTS OF THE CHUECH.
INDIA MISSION— GoNnKUBD.
DISCHARGE.
Loans to General Fund —
On 18th November 1868, . . £300 0 0
On 16th January 1869, . 87 15 0
£387 15 0
Nou, — The Advances to the General Fund now amount to
£837, 150.
STATE OF FUNDS.
I. General Funds —
Balance on hand as above, ...... £2483 7 2
II. Invalid Fund —
Capital Stock of the Bojal Bank, ..... 3000 0 0
Note, — The small Balance of £1, 68. Id. due to the Bank on
this Fund will be met bj future Dividends.
III. Murray Fund —
1. Capital Stock of the Eoyal Bank, . . . £645 0 0
2. Capital Stock of the British Linen Company, . 300 0 0
945 0 0
IV. ; Crichton and Wilson Fund —
Amount invested in BaUway Debenture, .... 1500 0 0
£7928 7 2
VI. HOME MISSION.
CHARGE.
I. Fuims on hand at Ibth April 1858 : —
Amount per Abstract of last year, ..... £3327 11 11
11. Income of the Scheme for the Year ending Ibth April 1859, —
1. Collections and Contributions —
From 957 Parishes and Chapels, £3145 5 10
i^ote.— No Contributions have been received from 148 Parishes.
From Parochial, Congregational, and Missionary Associa-
tions, . . ; . . 90 14 1
From Individuals, . . . . 83 18 2
£3319 18 1
2. Legacies, . . . . 758 7 8
3. Contribution from " Lay Association" for the year
1858-59, . . . . . 382 15 6
4. Interest —
1. Cn Bond for £3500—
A year to Martinmas 1858 (less tax), £136 12 6
Carry forward, £136 12 6 £4461 1 3 £3327 11 11
PUBLIC ACCOUNTS OF THE CHURCH.
105
HOME MISSION— Continued.
Brought forward,
2. On Loan of £160 to Presbytery of
Kirkwall—
To 22d September, when principal
sum paid up, •
3. On Bank Account —
At 15th April 1859, .
£136 12 6 £4461 1 3 £3327 11 11
7 0 10
58 3 7
201 16 11
Total Income, 1858-59,
111. Principal Sum in Bond by Presbytery of Kirkwall : —
Received on 22d September 1858,
4662 18 2
160 0 0
Sum of the Charge, £8150 10 1
DISCHARGE,
I. Expenditure during the Year ending Ibth April 1859 : —
1. Grants Voted and Paid by the Committee —
1. In aid of 64 Unendowed Churches, ....
2. Towards the Support of Missionaries at 44 Preaching Stations,
2. Additional Grant in aid of Church at Methil,
3. Donation to Missionary at New Street Chapel, Canongate,
4. Allowance to Missionary at South Ronaldshay for Travelling
Charges, ........
5. Tkavklling and other Expenses incurred by Deputations in visit-
ing 75 Chapels and Stations, . . . . .
SoMS paid to Messrs Paton and Ritchie for copies of Missionary
Record for gratuitous circulation among the Clergy, &c. —
Proportion payable by the Home Mission,
Schemes' Office — Share of Expenses —
£2787 12 8
1536 3 2
£4323 15
10 0
7 0
G.
1.
Of Collector's and Officer's Salaries,
£27
6
8
2.
Of Taxes, Coals, Gas, &c., •
10
14
2
3.
Of Printinjir, Books, and Stationery,
3
6
4
4.
Of Despatching Missionary Record monthly to Clergy
and others, .....
2
11
6
5.
Of Postacros and Incidents,
4
1
4
S. Expense of Printing Annual Report, Lithographing
Circulars, and General Printing, . . . . .
9. Expense of Printing Xotices of Annual Collection,
10. Adveiitising Annual Collection, Meetings of Committee, &c.,
11. PosTAGKS, Carriages, and Incidents —
1. Postatres and Carriage of Packets with Collection
NoticiS, &c., ... . £15 2 3
2. Postages and Petty Disbursements in the General
Mana^einent of the Scheme, . • . 14 17 8
3. Stationary, &c., . . . .716
4. Annual Allowance to Mr M'Callum, Glasgow, for
despatching Circulars, &c., . . • 5 0;^-
10
0
0
2 0 0
49 7 10
32 9 10
48 0 0
26 0
54 13
14 11
42 1 5
Carry forwarj^, £4610 2 4
104
F&BLTO ACCOUNTS OF THE CHUECH.
INDIA MISSION— CoNTDfUED.
DISCHARGE.
Loans to General Fund —
On 18th November 1868, . . £300 0 0
On 15th January 1859, . . 87 15 0
£387 15 0
Nou, — The Advances to the General Fund now amount to
£837, 150.
STATE OF FUNDS.
I. General Funds —
Balance on hand as above, ...... £2483 7 2
n. Invalid Fund —
Capital Stock of the Bojal Bank, ..... 3000 0 0
Note. — The small Balance of £1, Ss. Id. due to the Bank on
this Fund will be met bj future Dividends.
III. Murray Fund —
1. Capital Stock of the Boyal Bank, . . . £645 0 0
2. Capital Stock of the British Linen Company, . 300 0 0
945 0 0
IV. I Crichton and Wilson Fund —
Amount invested in Railway Debenture, .... 1500 0 0
£7928 7 2
VI. HOME MISSION.
CHARGE.
1. Funds on hand at Ibth April 1858 : —
Amount per Abstract of last year, ..... £3327 11 11
II. Income of the Scheme for the Year ending \bth April 1859, —
1. Collections and Contributions —
From 957 Parishes and Chapels, . £3145 5 10
JVbw.^No Contributions have been received from 148 Parishes.
From Parochial, Congregational, and Missionary Associa-
tions, . . ; . . 90 14 1
From Individuals, . . . . 83 18 2
£3319 18 1
2. Legacies, . . . . 758 7 8
3. CoNTRiBCTTiON from " Lay Association" for the year
1858-59, . . . . . 382 15 6
4. Interest —
1. On Bond for £3500—
A year to Martinmas 1858 (less tax), £136 12 6
Carry forward, £136 12 6 £4461 1 3 £3327 11 11
PUBLIC ACCOUNTS OF THE CHURCH.
106
HOME MISSION— Continued.
Brought forward. £136 12 6 £4461 1 3 £3327 11 11
2. On Loan of £160 to Presbytery of
Kirkwall—
To 22d September, when principal
sum paid up, . • 7 0 10
3. On Bank Account —
At 15th April 1859, . . 58 3 7
201 16 11
Total Income, 1858-59,
III. Principal Sum ia Bond by Presbytery of Kirkwall : —
Received on 22d September 1858,
4662 18 2
160 0 0
Sum of the Charge, £8150 10 1
DISCHAROB,
I. Expenditure during the Year ending \bth April 1859 : —
1. Grants Voted and Paid by the Committee —
1. In aid of 64 Unendowed Churches,
2. Towards the Support of Missionaries at 44 Preaching Stations,
£2787 12 8
1536 3 2
Additional Grant in aid of Church at Methil,
Donation to Missionary at New Street Chapel, Canongate,
Allowance to Missionary at South Ronaldshay for Travelling
Charges, .......
5. Travklling and other Expenses incurred by Deputations in visit-
ing 75 Chapels and Stations, . . . . ,
Sums paid to Messrs Paton and Ritchie for copies of Missionary
Record for gratuitous circulation among the Clergy, &c. —
Proportion payable by the Home Mission,
7. Schemes' Office — Share of Expenses —
£4323 15
10 0
7 0
G
1.
Of Collector's and Officer's Salaries,
£27
6
8
2.
Of Taxes, Coals, Gas, &c., .
10
14
2
3.
Of Printinnr, Books, and Stationery,
3
6
4
4.
Of Despatching Missionary Record monthly to Clergy
and others, .....
2
11
6
5.
Of Postages and Incidents,
4
1
4
8. Expense of Printing Annual Report, Lithographing
Circulars, and General Printing, . . . . ,
9. Expense of Printing Xotices of Annual Collection,
10. Advertising Annual Collection, Meetings of Committee, &c.,
11. Postagks, Carriages, and Incidents —
1. Postages and Carriage of Packets with Collection
Notici'S, &c., ... . £15 2 3
2. Postajres and Petty Disbursements in the General
Manairenient of the Scheme,
3. Stationary, &c., .....
4. Annual AlloN*ance to Mr M^Callum, Glasgow, for
despatching Circulars, &c.,
Carry forwj
10
0
0
2 0 0
49 7 10
32 9 10
48 0 0
26 0
54 13
14 11
106
FUBLIO ACCOUNTS OF THE CHUBCH.
HOME MISSION— Continued.
Brought forward, £4610 2 4
12. Expenses of Management —
1. Salary to Secretary —
For one year, . . . . £100 0 0
2. Allowance to Secretary's Clerk, as fixed by Com-
mittee—
For one year, . • . . 35 0 0
3. Auditor and Accountant —
For Auditing, Framing, and Report-
ing upon the Accounts for the
year to 15th April 1858, . £17 17 0
Proportion of General Allowance
for Superintending Funds, Audit-
ing Collectors' Books, &c., for
the current year, . 2 12 6
20 9 6
155 9 6
Total Ordiitary Expenditure, 1858-59, £4765 11 10
II. Payments out of Church Extension (Capital) Fund:
For Church at Ardallie,
For Church at Bridge of Allan,
For Church at Strone,
For Church at Kirn,
To Presbytery of Deer,
III. FCJNDS on hand at I5th April 1858 :—
1. Balance in Bank (British Linen Company),
2. Contribution from " Lay Association" for 1858-59,
£225 0
232 10
160 0
140 0
50 0
0
0
0
0
0
£2194 12 9
382 15 6
807 10 0
2577 8 3
Sum op the Discharge, £8150 10 1
Note. — From the Funds belonging to the Committee there fallf to bo immediately separated, in terms
of a resolution of the Committee, the balance, amounting to about £1500, of Miss Campbell's Legacy,
which is applicable to special purposes.
VII. COLONIAL CHURCHES.
CJIARGi:.
I. Funds on hand at I5th Aptnl 1858 : —
Per Abstract of last year, ...... £7210 18 3
IT. Income of the Scheme for the year ending \blh April 1859 : —
1. Collections and Contributions —
From 853 Parishes and Chapels, . . . £2410 19 10
Note. — From 214 Parishes no T'oiitributions have
been received.
Oan-y forwara. £2410 19 10 £7210 18 3
PUBLIC ACOOTJNTS OF THE CHURCH.
107
COLONIAL CHURCH— CoNTiKuiD.
Brought forward, £2410 19 10 £7210 18 3
From Parochial, Congregational, and Missionary Asso-
ciations, . . . . 63 12 1
From Individuals, . . . 31 0 0
£2606 11 11
2. Legacies, . . . . . 149 3 6
3. Contribution from "Lay Association" for the
year 1858-59, . . . . . 201 6 0
4. Contributions from British North America —
From Presbytery of Pictou, . . £127 5 11
From Presbytery of Montreal, . 99 19 0
227 4 11
5. Interest on Bank Account, . . 117 17 7
Total Income, 1858-59, 3201 3 10
Sum op the Charge, £10,412 2 1
DISCHARQE.
L Expenditure during the Year ending Ibth April 1859 : —
1. Payments to Missionaries and Catechists —
1. Synod of Canada.
Presbyteries.
(1.) Montreal —
Rev. James Herald, . £ 37 10 0
Rev. J. Paterson, . . 109 11 10
Rev. J. Rannie, . . 150 0 0
Rev. J. Moffat, . . 125 0 0
£422 1 10
(2.) Hamilton —
Rev. W. Masson, . . £118 0 0
Rev. John Hay, . 70 0 0
188 0 0
(3.) Kingston —
Rev. A. P. Marshall, . . . 150 0 0
(4.) Toronto —
Rev. R. W. Ross, . . . . 47 15 6
(5.) Glengarry —
rJv. Jas. S. Douglas, . . 60 0 0
(6.) London —
Rev. R. G. McLaren, . £150 0 0
Rev. Chas. Campbell, . 46 0 0
Rev. Fras. Nicol, . 34 18 7
231 0 7
£1088 17 11
2. Synod of Nova Scotia.
Presbytciies.
(1.) H'di/ax—
Rov. James Wilson, . . £135 0 0
Rev. John Martin, Superintendent of Missions, 100 0 0
Carryforward, £253 0 0 £1088 17 11
PUBLIC AC(X)UNTS OF THE CHURCH.
COLONIAL CHURCHES—CoMTiNiraD.
Brought forward, £235 0 0 £1088 17 11
(2.) Pietou—
Hev. James Mair, . £70 0 0
Bev. James Christie, . • 87 10 0
Bey. T. TuUoch, . . 160 0 0
BeT. Alex. M^Gillivraj, M'Len-
nan's Mount, . 60 0 0
Bev. John M*Lean, . 24 0 0
391 10 0
(3.) Prince Edward Island —
Bev. Wm. McLaren, . . £137 10 0
Be?. Andrew Loolihead, . 100 0 0
237 10 0
864 0 0
3. Synod op New Brunswick.
Prcsbyterieji.
(1.) St John—
BeT. A. Forbes, . . £37 0 0
BeT. Peter Keaj, . . 46 15 6
Bey. J. Boss, . . 75 0 0
Bey. H. J. M'Lardj, . 85 14 7
Bey. D. Stott, . . 77 15 0
Mr ^neas Macdonald, Catechist, 20 0 0
(2.) Miramichi —
Bey. William Murray, Moncton,
Bey. James Murray, Bathurst,
Bey. William Macrobie, Tabu-
si ntac,
Bey. J. Steyon, Bestigouche, ar-
reara of salary.
£126 13
50 0
4
0
100 0 0
50 0 0
£342 16 1
326 13 4
669 8 6
4. New Zealand.
Bey. William Kirkton, Wellington, .
154 2 8
5. Synod of Australia.
(1.) Sydney, Paddinpton —
Ri v. James Milne,
(2.) Maitland^ Newcastle —
Bey. J. Nimmo,
£100 0 0
129 0 0
229 0 0
Kingston —
Bey. A. J.
Mil
ne,
6. Jamaica.
2. Outfits and Passa<?e-Money —
To Canada, six Ministers,
To Nu7a Scotia, two do.,
£333 7 9
50 0 0
50 0 0
£3065 9 0
Carryforward, £383 7 9 £3065 9 0
PUBLIC ACCOUNTS OF THE CHURCH.
109
COLONIAL CHURCHES— CoNTiKUBD.
Brought forward, £383 7 9 £3055 9
To Australia, two Ministers, . . . 173 0 0
To Ceylon, one do., . . . . 110 0 0
3. Grafts to Churches—
To Greorsretown Church, Prince Edward Island, . £50 0 0
To St Andrew'8 Church, Newfoundland, . . 50 0 0
To Church at Point Levi, Quebec, . . . 100 0 0
666 7 9
200 0 0
4. Graft for df^fraying Expenses relative to recovery of St Mark's
Manse, Demerara, . . . • 75 0 0
5. Grant to Rev. Geoi'ge Harper for Travelling Expenses to Mara,
Berbice, . . . . . . . 54 0 0
6. Grant to Rev. A. P. Marshall for Passage Home from Toronto, 10 0 0
7. Grant to Queen's College, Kingston, Canada —
For College, ..... £300 0 0
For Bursaries, • . . . 35 0 0
335 0 0
8. Donation to Student at Queen's College, 5 0 0
9. Travelling Expenses of Candidates, . . . . 14 2 0
10. Expense of Missionary Record for the Colonies, to April 1859, 27 5 0
11. Expense of Ordination of Missionary, . . 3 3 0
£4445 6 9
12. Expenses relative to Paris Mission, .... 427 0 0
13. Expenses of Convener and Deputations to London, . 60 6 6
14. Sums paid to Messrs Paton and Ritchie for Copies of Missionary
Record for gratuitous circulation among the Clergy, &c., . 32 0 10
15. Scuemes' Office — Share of Expenses —
1. Of Collector's and Officer's Salaries, . £27 6 8
2. Of Taxes, Coals, Gas. &c., . . 10 14 3
3. Of Printing, Books, and Stationery, . . 3 6 3
4. Of Despatching Missionary Record to Clergy and
others monthly, . • . 2 116
5. Of Postages and Incidents, . . . 4 14
48 0 0
16. Printing Annual Report, Notices of Annual Collection, Circulars,
&c., . . . . . . . 67 5 0
17. Advertising, . . . - . . 12 15 3
18. Stationery, . . . . . . . 7 12 6
19. Postages, Parcels, and Incidental Expenses —
1. Postages, Parcels, &c., incurred in the General Ma-
nagement of the Scheme dnrin;/ tlie past year, £27 6 6
2. Postages and Circulation of Notice of Annual Collec-
tion, . . . . . . 10 14 6
3. Annual Allowance to Mr M*Callum, Glasgow, for Cir-
culating Notices, &c., . . . .500
4. Incidental Expenses, . . . . 3 18 2
20. Expenses of Management —
1. Salary to Secretary and Treasurer, a year, to 3l8t
December 1858, .... £45 0 0
46 19 2
Carry forward, £45 0 0 £5147 15 0
110
FUBLIO ACCOUNTS OF THE CHURCH,
COLONIAL CHURCHES— CoKTmuKD.
Brought forward, £45 0 0 £6147 16 0
2. Salary to the Clerk to the Committee, a year, to 31st
December 1868, . . . 20 0 0
3. Allowance to Auditor and Accountant —
For Auditing, Framing, and Beport-
ing upon the Accounts for the year
ending April 15, 1858, £13 13 0
Proportion of General Allowance for
Superintending the Funds, Audit-
ing Collectors* Books, &c., during
the past year, . . . 2 12 6
16 5 6
81 6 6
Total Expenditure, 1858-59, £5229 0 6
II. Funds on hand at Ibth April 1859 : —
1. Balance in Bank (British Linen Company), . £4981 15 7
2. Contribution from " Lay Association" for 1868-59, 201 6 0
6183 1 7
Sum of the Discharge, £10,412 2 1
COLONIAL STUDENTS' FUND.
CHARGE.
I. Balance in Bank —
At 15th April 1858, per Abstract of last year, .... £17 10 6
II. Remittances from the Colonies —
Amount, . . . . . . . 79 10 5
III. Bane Interest —
At 15th April 1859, . . . . . . 0 6 6
Sum, £97 7 3
DISCUARQE.
I. Payments to Students —
To two Students in Edinburgh, . • . . £30 0 0
To two Students in Glasgow, , . . . 50 0 0
£80 0 0
II. Balance in Bank —
At 15th April 1859, . . . . . . . 17 7 3
Sum, £97 7 3
VIII. CONVERSION OF THE JEWS.
CHARGE.
I. Balances due to the Scheme at 15th Apinl 1858 : —
Per Abstract of last year, ...... £2097 9 4
Carryforward, £2097 9 4
FUBUC ACCOUNTS OF THE CHTJECH.
Ill
CONVERSION OF THE JEWS— Cowtinued.
Brought forward, £2097 9 4
II. Income ofihe Scheme for {he Tear ending 15th April 1859 :—
1. Collections and Contributions —
From 818 Parishes and Chapels, . . . £2044 1 8
Nou. — The number of Parishea which have not contribated
18 239.
From Parochial, Congregational, and Missionary Asso-
ciations, . . . . • 62 18 9
From Individuals, . 87 5 0
£2194 5 6
2. Legacies, . . 149 3 4
3. Contribution from " Lay Association" for the year
1858-59, 133 6 0
4. Interest —
1. On Railway Debentures, . £165 17 5
2. On Bank Accounts, . . 23 4 6
189 1 11
Total Income, 1858-59, 2665 16 8
III. Contributions for Erection of Church and School at Cassandra: —
Sum, . . . . . . 166 7 6
Sum of the Charge, £4929 13 6
DISCHARGE.
L Expenditure during the Year ending 15th April 1859 : —
1. Payments on account of Missions —
1. Turkish Mission.
(1.) Salonica —
Salaries^ —
Rey. Mr Grosbie, .
Dr Wolfe,
Mr Rosenberg (one quarter),
Lay Agents,
Mr T. Schillinger, teacher,
(2.) Cassandra —
1. Salaries —
Dr Paionides (three quarters),
Lay Agent,
£75 0 0
37 10 0
2. School Rents and Greneral Expenses connected with Missions
at Salonica and Cassandra, ....
£300 0 0
250 0 0
37 10 0
185 0 0
105 0 0
£877 10 0
112 10
107 7
£1097 7 3
(3.) Smyrna —
1. Salaries —
Rev. Mr Coull, .... £300 0 0
Rev. Ml- Eenoliel, to March 1, 1859 (and in-
cluding expenses of return to Britain), . 226 13 4
Mr Rosenberg (three quarters), . . 112 10 0
Lay Agents . . . . 269 17 2
Carry forward,
£909 0 6 £1097 7 3
PUBLIC ACCOUNTS OF THE CHURCH.
CONVERSION OF THE JEWS— Cohtinued.
Brought forward, £909 0 6 £1097 7 3
2. Chapel and School Rents, aad general Expenses
90 6 6
connected with the Mission,
(4.) Alexandria.
1. Salaries —
Rev. Mr Yule, . . . .
Mr Christie, teacher (one quarter), .
2. General Expenses connected with the Mi&bion,
2. German Mission.
(1.) Karlsruhe — Rev. Mr Sutter
1. Salaiy,
2. Expenses,
£350 0 0
50 0 0
£400 0 0
25 1 11
099
11
(2.) Damistadt — Mrs Lehner-
l*roportiou of Salary,
£250 0 0
11 13 6
£261 13 6
20 0 0
3. Salary to the Rev. Mr Marcussohn, formerly at Cassandra,
2. Travelling Expenses and Outfits of Missionaries,
3. Premiums of Insurance on Lives of Missionaries, and Expenses
connected therewith, ......
4. Stamped Records for Missionaries, ....
5. Rent of Halkin Street Chapel, London, ....
6. Sums paid to Dr Dwight, Constantinople, for the purchase of
J uddeo- Spanish Bibles, and other Expenses connected with Mis-
sion, •
7. Travelling and other Expenses of Messrs Sutter and Marcus-
sohn coming from and returning to Germany, and their and
others holding Meetings throughout the Country,
8. Sums paid to Messrs Paton and Ritchie for copies of Missionary
Record, for gratuitous circulation among the Clergy, &c. —
Proportion chargeable on this Scheme, ....
9. Schemes' Office — Share of Expenses —
1. Of Collectoi-'s and Officer's Salaries, . . £27 6 8
2. Of Taxes, Coals, Gas &c., . . 10 14 2
3. Ol Printing, Books, and Stationery, . . 3 6 4
4. Of Despatching Missionary Record monthly to the
Clergy and others, . . . . 2 11 6
6. Of Postages and Incidents, . . . 4 14
10. ExPKwbES incuiTed by the Convener on the general business of
the Scheme, .......
11. Printing Annual Report, Notices of Collection, Meetings, &c., .
12. Advertising, Stationery, Ac, .....
425 1 11
£2521 15 1
281 13 6
260 0 0
£3053 8 7
149 0 4
73 2 0
2 13 6
130 7 2
220 3 0
71 10 3
32 9 11
48 0 0
23 3 3
42 11 10
14 3 7
Carryforward, £3829 6 2
PUBLIC ACCOUNTS OF THE CHURCH.
CONVERSION OF THE JEWS— Cohtinued.
113
Brought forward, £3829 6 2
13. Postages, Parcels, and Incidental Expenses —
1. Postages, Parcels, &c., during the year, . £29 5 8
2. Expenses of Posting Notice of Annual Collection, . 7 14 7
3. Annual AUov^ance to Mr M'Calium, Glasgow, for
Circulating Notices, &c., . . 6 0 0
4. Incidental Expenses, . 8 13 6
14. Expenses of Management. —
1. Secretary and Treasurer —
For the year to 16th April 1869, . . £60 0 0
2. Auditor and Accountant —
For Auditing, Framing, and Reporting
upon the Accounts for the year end-
ing 16th April 1868, £10 10 0
Proportion of General Allowance for
Superintending the Funds, Auditing
Collectors' Books, &c., for the cur-
rent year, . . 2 12 6
50 13 9
13 2 6
63 2 6
Total Expenditure, 1868-69, £3974 9 8
U. Balances due to the Scheme at Ibth April 1859.
1. In Bank —
On General Fund, .... £636 16 11
Cassandra Fund, . . . . 168 11 2
By Secretary —
On General Fund, . £18 19 9
Cassandra Fund, . . 8 11 0
£794 7 1
27 10 9
£821 17 10
2. Contribution from " Lay Association" for 1868-69, . 133 6 0
955 3 10
Sum of the Discharge, £4929 13 6
IX. ENDOWMENT SCHEME.
CHARQE.
I. Balance due to the Scheme at Ibth April 1858 : —
Per Abstract of last year, ...... £4123 0 1
II. Subscriptions, Donations, and Collections received daring the year
ending 15th April 1859 :—
1. Provincial Scheme —
Subscriptions and Donations —
Amounr, ..... £16,177 18 2
Carryforward, £16,177 18 2 £4123 0 1
p
114
PUBLIC ACCOUNTS OF THE CHURCH.
ENDOWMENT SCHEME— ^outihubd.
Brought forward,
2. General Fund —
(1.) Instalmentsof Subscriptions, and Sub-
scriptions for Particular Churches —
Amount, . £2873 10 3
(2.) Donations^ General and Special —
Amount, . 94 6 8
(3.) Church-Door Collections —
) Amount, . . 2720 7 10
(4.) Parochial, Missionary, and Congre-
gational Associations, 73 3 0
(6.) Legacies, . . . 493 2 8
III. InTBEBST: —
On Bank Account —
1. On General Account,
2. On Provincial Scheme Acponnt —
Group I., . . . £6 15 9
Group II., . 11 4 6
Group IIL, . . 60 17 10
Group IV., . . .646
Group v., . . 10 3 2
£15,177 18 2 £4123 0 1
6254 10 5
£40 2 0
21.432 8 7
94 5 9
lY. Sum due to Endowment Scheme in regard to Dowanhill purchase, re-
ceived on 16th August 1858, .....
y. Sum Borrowed from Feu Account on 16th August 1858,
134 7 9
48 17 2
48 5 4
Sum of thb Charge, £25,786 18 11
DISCHARQE,
1. Price of Feu-duties purchased by the Committee, and Expenses —
At Dowanhill— balance of Price, ..... £5909 8 10
Expenses, . . • . . 21 6 3
£5930 15 1
2. Grants to Churches —
1. To St Marnoch's Church, . . £80 9 2
2. To New Parish of Alloway, Ayr, . 1000 0 0
1080 9 2
3. Subscriptions, Donations, &c., repaid —
1. For Newhaven Chapel —
Amount, with Interest, . . £960 11 7
2. For Largoward Chapel —
Amount, with Interest, . . 662 Oil
3. For Sundries, . . ' . . 16 3 0
• 1628 15 6
4. Sums paid to Messrs Paton and Ritchie for copies of Miseionary
Record, for gratuitous circulation among the Clergy, &c. —
Proportion payable by Endowment Scheme, . . . 32 9 10
Carry forward, £8672 9 7
BUBEIC ACCOUNTS OF THE CHURCH. * 115
ENDOWMENT SCHEME— Contindw).
Brought forward, £8672 9 7
5. Schemes' Office — Share of Expenses —
1. Of Collector's and Officer's Salaries, . . £27 6 8
2. Of Taxes, Coals, Gas, &o., . . 10 14 3
3. Of Printing, Books, and Stationery, . 3 6 3
4. Of Despatching Missionary Record monthly to Clergy /
and others, . . . . 2 116
5. Of Postages and Incidents, . . 4 14
• 48 0 0
6. Sums advanced to Feu Account —
Amount, . . • . . . 311 3 7
7. Travelling and other Expenses incurred by the Convener in the
Management of the Scheme —
Sum, . . . . . . 50 0 0
8. Printing Annual Report, Collection Notices and Abstracts, Cir-
culars, Notices, Ac, with regard to Provincial Scheme —
Amount, ....... 202 5 10
9. Expense of Advertising and of Posting Notices of Annual Col-
lection, and of Advertisements in regard to the Provincial
Scheme, . . . . . , . 66 7 3
10. Stationery, . . . . 21 11 2
11. Postages, Carriages, and Incidental Expenses —
1. Postages of Circulars, Eeports, &c., incurred in the
General Management of the Scheme, . £22 13 6
2. Postages, Expense of Meetings, &c., in regard to the
Provincial Scheme, . . . . 74 8 2
3. Annual Allowance to Mr M'Callum, Glasgow, for
despatching Notices, &c., . 5 0 0
4. Inoidenti^ Expenses, 13 6
12. Expenses of Management —
1. Secretary and Clerks —
A year to 27th February 1859, . £120 0 0
2. Treasurer and Clerks —
(1.) Allowance for the year to 15th
April 1859, . . £35 0 0
(2.) Charge for Assistant- Clerk's Sa-
lary, from 2l6t October 1858
to 30th April 1859, 32 9 0
(3.) Charge for Treasurer's Outlays
for 1855-6 and 1856-7, . 60 15 2
128 4 2
3. Auditor and Accountant —
(1.) For Auditing, Framing, and Re-
porting upon the Accounts for
the year to 15th April 1858, £14 14 0
(2.) Proportion of General Allow-
ance, and for Auditing Collec-
tor's Books for the current
year, . . . 2 12 6
17 6 6
103 5 2
265 10 8
Carryforward, £9739 13 3
PUBLIC ACCOUNTS OF THE CHtTRCH.
ENDOWMENT SCHEME-CoirriinjisD.
£4153 7 0
Brought forward,
13. Balances due to the Scheme at I5th April 1859 —
1. To the General Scheme —
Balance in Bank,
2. To the Provincial Scheme —
(1.) Balances in Bank —
. Group I.,
* Group II.,
Group III.,
Group IV.,
Group v.,
£9739 13 3
£ 751
1575
6733
979
1845
12
13
8
12
13
9
6
3
11
5
£11,886 0 10
(2.) Balance in hands of Treasurer, 7 17 10
11,893 18 8
16,047 5 8
Sum op the Discharob, £25786 18 11
MEMBERS OF ASSEMBLY.
1859.
N.B. — The Edinburgh addresses of Members, so far as
known, are printed in Italics,
SYNOD OF GLENELG.
1. Presbytery of Abertarff.
Mr Donald Maconriochie, at Urquhart
Mr Malcolm M*Intyrc, at Boleskine
Adam Paterso'n, Esq. of Springhall, writer in
Glasgow, London Hotel, St Andrew squart
2. Presbytery of Skye,
Mr John FOrbcs, at Slcat
Mr Alexander Macdonald, at StenschoU
Donald l^Iaclcod, Esq., Kingsburgh, Snizort
3. Presbytery of Lewis.
Mr John M'Rae, at Stornoway
Mr James Strachan, at Barvas
John Orr Ewing, Esq. of Eatho
4. Presbytery of Uist
Mr Henry Beatson, at Barra
Mr Koderick M'Donald, at South Uist
Hugh Bruce, Esq., Advocate, Edinburgh
5. Presbytery of Lochcarron.
Mr Duncan Simon M'Eenzie, at Gairloch
3
Mr Boderick Nicolson, at Applecross.
John A. Macrae, Esq., W.S., Edinburgh, 14
Gloucester place.
II.-STNOD OF SUTHERLAND AND
CAITHNESS.
6. Preahytery of Dornoch,
Mr DuncanSt Clair, at Loth
Mr Dugald Mavcllar, at Clync
George Dempster, Esq. of Skibo
Burgh of Dornoch.
7. Presbytery of Tongue,
Mr Kenneth Mackenzie, at Strathy
Mr Angus Logan, at Tongue
John Lament, Esq., writer, Glasgow, 14 Pitt
street
8. Presbytery of CaitJmcss.
Nt James Murray, at Rcay
Dr William Lillie, at AVick
Dr James Robertson, Professor of Cliurch
History in the University of Edinburgh, 25
Ainslie place
Burgh of Wick. •
III.-SYKOD OF ORKNEY.
9. Presbytery of Kirkwall.
Mr Oliver Scott, at Holm
Mr William Beattie, at Evic and Rendal
116
1
13. Bal^b
1. Ti
2. T(
8
24. Presbytery of Kelso.
Mr Manners Hamilton Graham, at Nenthorn
Mr John Baird, at Yetholm
Adam Brack Boyd, Esq. of Cherrytrees
25. Presbytery of Jedburgh.
Mr Alexander Munn Maccoll, at CayerB
Mr Joseph Tair, at Eckford
Mr James Stewart, at Wilton
John Scott Chisholm, Esq. of Stirches
Burgh of Jedburgh.
William Oliver Butherfurd, Esq. of Edgerston
26. Presbytery of Latuier.
Mr Donald Macleod, at Lauder
Mr Archibald Brown, at Legerwood
The Bight Hon. Lord Folwarth
Burgh of Lauder.
Thomas Dunn, Esq., S.S.C., Edinburgh, 7 Hill
street
27. Presbytery of Selkirk.
Mr William Murray, at Melrose
Mr William McLean, at Ashkirk
Mr Kenneth M. Phin, at Galashiels
Major Bobert Baillie, residing at Eildon Hall
Burgh of Selkirk.
Bobert Paton, Esq., W.S.
VIL-SYNOD OF DDMFBIES.
28. Presbytery of Annan,
Mr John Henderson Gourlie, at Brydekirk
Mr Bobert Menzies, at Hoddam
John Dalrymple Murray, Esq. of Murray-
thwaite
0 LAND
Burgh of Annan.
Sir John Heron Maxwell, Bart, of Springkell
29. Presbytery of Langholm.
Mr Creorge Col?ille, at Canonbie \ V
Mr James Wilson Macturk, at Langholm ^
James Church, Esq., Tower of Sark
30. Presbytery of Loehmaben, ^
Mr George Wight, at Wamphray
Mr Bobert Sanders, at Tundergarth ^ •
Mr John E. Curric, at Hutton
Sir William Jardine, Bart, of Applogarth
Burgh of Lochmaben.
DaTid Johnstone, Esq. of Riggheads, Writer in
Dumfries.
Sl.Preslyteiyo/Penpont. ^^^^^
Mr Henry Wallis Smith, at Durrisdecr
Mr John Donaldson, at Eirkconncl
Dr Crawfurd Tait Ramagc, Wallace-Hall
Bnrgh of Sanquhar.
James Veitch, Esq. of Eliock
32. Presbytery of Dumfries,
Mr Andrew Gray, at New Church, Dumfries
Mr John Hope, at Dunscore
Mr John Inches Dickson, at Kirkbean ^
Mr John Mein Austin, at St Mary's, Dumfries BtMt Sodotj of
Wellwood Berries Maxwell, Esq. of Munches
Mark Sprot Steuart, Esq. of Southwick connection wiiji
Burgh of Dumfries. ^ BioflcffttW 0?
Christopher Harkncss, Esq., Writer, Dumfries luitlge £^ftjf of
THURSDA r, 2%th i%
1. Minutes, &c.
2; Report of India Mission Committee.
3. Case of Rildalton.
116
12
13. Balast
1. To
2. Td
39. Presbytery of Oreenock.
Mr John Kinross at Largs
Mr Alexander Marshall, at Cnmbray
Eobert Sellers, Esq., Merchant, Greenock
40. Presbytery of Hamilton.
Mr John Johnston, at Old Monkland
Mr Bryce Johnston Bell, at Gartsherrie
Mr Robert Archibald, at New Monkland
The Bight Honourable Lord Belharen and
Stcnton, of Wishaw
41. Presbytery of Lanark.
Mr William Smith, Assistant and Successor at
Douglas
Dr John Wylic, at Carluke.
Bobert Lithgow, Esq. of Stanmore
Burgh of Lanark.
David Bhind, Esq., Architect, Edinburgh, 54 Great
King street
42. Presbytery of Glasgow.
Dr Alexander Hill, ftofessor of Divinity in the
University of Glasgow.
Dr Matthew Leishraan, at Govan, 21 Charlotte square
Dr Norman Macleod, at Barony
Mr Alexander Hill, at Kilsyth
Mr James Arthur, at Springburn
Mr Hugh Park, at Cumbernauld
John Walker, Esq., Cotton-spinner in Glasgow
John Morrison, Esq., Manufacturer, Miirrow*B
Park, Govan
Frank Baird, Esq., Merchailt in Glasgow
City of Glasgow.
James Hannan, Esq., one of the Councillors of the
Burgh
14
46. Presbytery of Islay and Jura,
Mr James Dewar, at Oa
Mr James Dewar, at Kilchoman
Charles FearsoD, Esq., Accountant, Edinburgh,
128 George street
47. Preshytery of Inveraray.
Dr Colin Smith, at Inveraray
Mr Donald Jackson, at Kilmartin
William A. Campbell, Esq. of Ormsary
Burgh of luTeraray.
Edward Woodford, Esq., LL.D., one of Her Ma-
jesty's Inspectors of Schools for Scotland, 59
Great King street
48. Presbytery of Lorn,
Mr Donald MacCalman, at Ardchattan
Mr John Sinclair, at Muckaim
Henry Moffat, Esq., S.S.C., Edinburgh, 23
George IV, Bridge
49. Presbytery of Mull.
Mr Duncan Clerk, at Torosay
Mr David Stewart, at Ardnamurchan
Donald Maclaine, Esq. of Lochbuy, 15 Royal
circus
XI.-SYKOD OF PERTH AND STIRLING.
50. Presbytery of DunJceld.
Mr Duncan Campbell, at Moulin
Mr Alexander R. Irvine, at Blair Athole
Mr Robert Leishman, at Clunie
Archibald Butter, Esq. of Faskally
20
XIV.-SYNOD OF ABERDEEN.
67. Presbytery of Aberdeen.
Mr James Smith, at Grcyfriars
Mr Thomas Dcwar, at South Parish
Mr John Wilson, at North Parish
Dr William Paul, at Banchory Derenick
Mr James Fraser, at St Clement's
George Angus, Esq., M.D., late H.E.LC.S.,
Asloun, Alford
Alexander Bumess, Esq. of Mastrick, Prospect
place, Banchory Devenick
City of Aberdeen.
William Teats, Esq. of Auquharney
Marischal College.
Dr William Robinson Pirie, Professor of Diyinity
in the Unirersity
King's College.
Dr Robert Macpherson, Professor of Divinity in the
Unirersity, 82 George street
68. Presbytery of Kincardine O^Neil.
Mr Charles M'Combie, at Lumphanan
Mr George Cook, at Kincardine O'Neil
Mr George Hutchieson, at Banchory Ternan
Francis James Cochran, Esq. of Balfour
69. Presbytery of Alford.
Dr Alexander Taylor, at Leochel and Cushnie
Mr Alexander Milne, at Tough
Mr James Gillan, at Alford
Robert Simpson, Esq. of Cobairdy, New Clu\
Prinrcs street
20
XIV -SYNOD OF ABERDEEN.
67. Presbytery of Aberdeen,
Mr James Smith, at Greyfriars
Mr Thomas Dewar, at South Parish
Mr John Wilson, at North Parish
Dr William Paul, at Banchory Derenick
Mr James Fraser, at St Clement's
George Angus, Esq., M.D., late H.E.I.C.S.,
Asloun, Alford
Alexander Bumess, Esq. of Mastrick, Prospect
place, Banchory Devenick
City of Aberdeen.
William Teats, Esq. of Auquharney
Marischal College.
Dr William Bobinson Pirie, Professor of Divinity
in the Uniyersity
King's College.
Dr Robert Macpherson, Professor of Divinity in the
University, 82 George street
68. Presbytery of Kincardine O^Neil.
Mr Charles M^Combie, at Lumphanan
Mr George Cook, at Kincardine O'Neil
Mr George Hutchieson, at Banchory Ternan
Francis James Cochran, Esq. of Balfour
69. Presbytery of Alford.
Dr Alexander Taylor, at Leochel and Cushnie
Mr Alexander Milne, at Tough
Mr James Gillan, at Alford
Bobert Simpson, Esq. of Cobairdy, New Club,
Princes street
116
13. Balan
1. Tfl
2. Tt
24
83. Preibyiery of Tain.
Mr Lewis Rose, at Tain
Mr Alexander Maclean, at Croick
Andrew Scott, Esq., Kildary
Burgh of Tain,
84. Presbytery of Dingwall.
Dr Alexander Maclean, at Kiltcam
Mr William Sutherland, at Dingwall
John Binning, Esq., Factor for TuUoch and
Gairloch
Burgh of Dingwall.
John MacGregor,- Esq., Heritor in Dingwall
116
1
13. Balanc
1. To ,
2. To.
C-
24
83. Pre$byiery of Tain.
Mr Lewis Rose, at Tain
Mr Alexander Maclean, at Croick
Andrew Scott, Esq., Kildary
Burgh of Tain,
84. Presbytery of Dingwall.
Dr Alexander Maclean, at Eilteam
Mr William Sutherland, at Dingwall
John Binning, Esq., Factor for TuUoch and
Gairloch
Burgh of Dingwall.
John MacGregor,- Esq., Heritor in Dingwall
J
OHURCH OF SCOTLAND
OEHERiL 188EIBLT.
ROLL OF BUSINESS :
TUESDA r, Mth May 1869.
1. Minutes.
2. Deputation £rom Irish Church Mission.
3. Report on the Duties of the Clerks.
4. Appeal of the Rev. Dr Robert Lee from the Synod c
Lothian and Tweeddale.
WEDNE8DA Y, 2bth May 1869.
1. Minutes, &c.
2. Election of Sub-Clerk.
3. Overtures on Annuity-Tax.
4. Overtures on Innovations.
5. M. Boucher, representing the Central Protestant Society of
France, to address the House.
6. Deputation from the Synod in England, in connection with
the Church of Scotland, and Letter from the Moderator of
the Synod.
7. Petition from the Synod of Glenelg for a Change of Day of
Meeting.
8. Overture anent Defunct Presbyteries.
9. Petition — Presbytery of Lewis for the Appointment of
Assessor to said Presbytery.
THUR8DA r, 26M May 1869.
L Minutes, &c.
2. Report of India Mission Committee.
3. Case of Kildalton.
OEHERAL A88EIBLT.
ROLL OF :
WEDNESDAY, 2oth May 1869.
1. Minutes, &c.
2. Election of Sub-Clerk.
3. Overtures on Annuity-Tax.
4. Overtures on Innovations.
6. M. Boucher, representing the Central Protestant Society of
France, to address the House.
6. Deputation from the Synod in England, in connection with
the Church of Scotland, and Letter from the Moderator of
the Synod.
7. Petition from the Synod of (jlenelg for a Change of Day of
Meeting.
8. Overture anent Defunct Presbyteries.
9. Petition — Presbytery of Lewis for the Appointment of
Assessor to said Presbytery.
THURSDA r, 26M May 1869.
1. Minutes, &c.
2. Report of India Mission Committee.
3. Case of Kildalton.
Cf)utc() of ^cotlanO.
- — -r—j- —
fiEHEBiL A88EIBLT.
ROLL OF BUSm^SS:
FEW A r, 27M Mm/ 1869.
1. Minutes, &c.
2. Widows' Fund.
3. Overture anent New Lists for Widows' Fund.
4. Lay Association.
5. Report on Regulations for Induction of Ministers, and Over-
tures on Benefices Acts.
6. Report on Sabbath Schools.
7. Report on Sabbath Observftnoe.
8. Petition of James Wilson.
-Sf^ TUBDA F, 28th May 1869.
1. Minutes, &e.
2. Report of Committee on Aids to Devotion.
3. Report of Home Mission Committee.
4. Report on Chapel Debts.
5. Report on Regulations anent Examination of Students of
Divinity.
(). Report of Committee on Amalgamation of the Committee on
Popery with the Home Mission Committee,
7. Overture on the Tricentenary of the Reformation.
8. Report on Gaelic Scriptures.
9. Report of Committee on Gaelic Preaching.
-----
it f) live i) of Scotland.
fiEHESAL iSSEIBLT.
ROLL OP BUSINKSS:
MONDAY, :K)«/i Muff 18j}).
1. Minutes, &c.
2. Act appointing Collections- for Schemes.
3. Committee for Managing Royal Bounty tube ajipointtMl.
4. Petition— Presbyteiry of Uist respecting the of flu* Vvv
sentee to Trumisgarry.
5. Keference from Presbytery of Edinburgh with respect In (he
Ordination of Mr Alex, Walker,
(i. Overture anent Admission of Studtuits of Divinity who have
attended Universities in England.
7. Report of Committee on British Guiana.
8. Appeal against Judgment of Synod of Lothian and Tw red-
dale in the Gurrie case..
9. Report on Sabbath Schools.
10. Report on Sabbath Observance.
11. Petition of James Wilson.
1.2L Report of Committee to confer with Dr Robertson.
13. Report of Endowment Committee.
14. Report ofi Endowment Committee on (iomthutinuH.
lo. Overture aiient Mode of Taking the Vote.
16. Overtures anent the Administration of the? SuminienfH.
17. Overtures anent Universities Act.
1.8. Report of Committee on Regulations for the Induction f.f
Ministers.
19. Overture anent Aj$sistance to A^ed and Infirm MiniMtiTM in
Dischai$:e of their Ministerial Duties.
20. Eeport of Committee on Hymns.
21. Report of Joint Committee on the Schemes.
22. Report of Committee on Htf^nrence^ uh to StutUtut^ hi
Divinity from Dissenting Bodies.
2
23. Overtures on Sehoolmaaters' Formula..
24. Report on Parisian Mission.
25. Report from Finance Committee.
26. Report of Committee on Revising. Constitutions.
27. Report of Committee for Accommodation for Records of
the Assembly.
28. Report of Committee on Accommodation of the
Assembly.
29. Report of the Committee on the Ordering of the House and
its Doorkeepers.
30. Report of Committee on the Records of the Church.
31. Report of Committee of last Assembly on Petition of Rev,
R. O. Young.
32. Report of Committee on Sale of Patronages durinjr
Vacancies.
33. Report of Committee on West Church, Inverness.
34. Report of Committee on Gorbals Church.
35. Report of Committee on Dundee Churches.
36. Report of Committee on Standing Orders.
37. Report of Committee on the MSS. of the Church and
Library.
38. Report of Committee on Feuing of Glebes.
39. Report of Committee on Admission of Professors to Lftv
Chairs,, and on the Improvement of Universities.
40. Report of Committee on Unexhausted Teinds.
41. Report of Committee on Correspondence with Synod in
England.
42. Report of Committee on Parliamentary Manses.
43. Report of Committee on Removal of Difficulties under Act
for Disjoining Parishes.
44. Report of Committee for appropriating a portion of Stipends
of Suspended Ministers.
45. Overtures not disposed of to be deferred.
46. Protestations to be called for;
41. Committee to Review Minutes to bo appointed.
48. Commission of Assembly to he appointed.
49. Act appointing next Meeting t^f Assembly..
50. Conclusion.
OYERTURE
OF
THE PKESBYTERT OF GARIOCH,
ANENT THE
SCOTCH UNIVEBSITIES' ACTS OF 1853 AND 1858,
TO THE VENERABLE THE GENERAL ASSEMBLY, 1859.
Whereas by the Act of Security and Treaty of Union, it was provided that all Principals
and Professors within the Universities and Colleges of Scotland, shall, for the greater security
of the Protestant faith, and of the Established Presbyterian Church, before or at their admission,,
acknowledge, and profess, and subscribe, the Confession of Faith, as the confession of their
faith, and that they would practise and conform themselves to the worship presently in use in
this Church, and submit themselves to the government and discipline thereof:
And Whereas the Act 16 and 17 Victoria, C. 89, — in manifest violation and disregard of
the aforesaid National Compacts, abrogated all these much-prized securities, except in the case
of the Professors of Divinity, and of the Principals in the Universities of Glasgow, Aberdeen,
and Edinburgh, and substituted for them a merely negative declaration, which can with
impimity be easily evaded :
And Whereas the Act 21, 22 Vict., passed during 1858, made an additional inroad on
the rights and privileges of this Church, by secularizing the Office of Principal in the Universities
of Glasgow, Aberdeen, and Edinburgh, and thus severed the last constitutional bond of con-
nection between the Established Church and the higher Education of Scotland : — It is hunMy
overtured by the Presbytery of Garioch : That the Venerable Assembly of the Church of Scot-
land take the said Acts of 16, 17, and 21, 22, of Queen Victoria, into their most deliberate
consideration, with a view of claiming from Parliament, a restitution of those rights and privi-
leges of which the Church of Scotland has been despoiled, in violation of the most solemn
international Compacts ever entered into between two independent Nations, the terms of which
provided unalterably, that all pertaining to the security of the Protestant Faith, and the Estab-
lished Presbyterian Church should be reserved, and held to be beyond the competency of the
Federal Legislature to intermeddle with or even consider. Should this appeal to the justice of
Parliament be unsuccessful, — It is further overtured : That the General Assembly, solemnly
protesting against the wrongs which the Church has sustained, shall take such measures, as to
its wisdom may seem most proper, for securing that the youth belonging to her Communion
may be committed to the training and superintendence of such Professors only, on whose sound-
ness in the Protestant Faith, and good affection to the principles and government of the Church
of Scotland, full reliance may be placed.
OYERTURE
OF
THE PRESBYTERY OF TURRIFF,
ANENT THE
SCOTCH UNIVEBSITIES' ACTS OF 1853 AND 1858,
TO THE VENERABLE THE GENERAL ASSEMBLY, 1859,
" Whereas by the Act of Security and Treaty of Union, it was provided that all Principals
and Professors within the Universities and Colleges of Scotland, shall, for the greater security
of the Protestant faith, and of the Established Presbyterian Church, before or at their admission,
acknowledge, and profess, and subscribe, the Confession of Faith, as the confession of their
faith, and that they would practise and conform themselves to the worship presently in use in
this Church, and submit themselves to the government and discipline thereof:
" And Whereas the Act 16 and 17 Victoria, C. 89, — in manifest violation and disregard of
the aforesaid National Compacts, abrogated all these much-prized securities, except in the case
of the Professors of Divinity, and of the Principals in the Universities of Glasgow, Aberdeen,
and Edinburgh, and substituted for them a merely negative declaration, which can with
impunity be easily evaded :
" And Whereas the Act 21, 22 Vict., passed during 1858, made an additional inroad on
the rights and privileges of this Church, by secularizing the Office of Principal in the Universities
of Glasgow, Aberdeen, and Edinburgh, and thus severed the last constitutional bond of con-
nection between the Established Church and the higher Education of Scotland : — It is humbly
overtured by the Presbytery of Turriff : That the Venerable Assembly of the Church of Scot-
land take the said Acts of 16, 17, and 21, 22, of Queen Victoria, into their most deliberate
consideration, with a view of claiming from Parliament, a restitution of those rights and priw-
leges of which the Church of Scotland has been despoiled, in violation of the most solemn
international Compacts ever entered into between two independent Nations.
" Should this appeal to the justice of Parliament be unsuccessful, — It is further overtured :
That the General Assembly, solemnly protesting against the wrongs which the Church has
sustained, shall take such measures, as to its wisdom may seem most proper, for securing that the
youth belonging to her Communion may be committed to the training and superintendence of
such Professors only, on whose soundness in the Protestant Faith, and good affection to the
principles and government of the Church of Scotland, full reliance may be placed.*
OVERTURE
FROM THE SYNOD OF MERSE AND TEYIOTDALE
TO
THE GENERAL ASSEMBLY ANENT THE UNIVERSITIES
OF SCOTLAND.
At Kelso, the twenty-sixth of April, One thousand eight hundred and fifty-nine
years, the Synod of Merse and Teviotdale met and was constituted. — /nf^
aZia, it was agreed to transmit the following Overture : —
" Whereas certain recent Legislative enactments have greatly altered the
constitution of the Universities of Scotland, it is humbly Overtured to the
ensuing General Assembly to take into serious consideration the present relation
between these Universities and the Church."
Extracted from the Records of the Synod of Merse and Teviotdale, by
ADAM GOURLAY, CI. Syn. Prov
1
OVERTURE
OF
THE PRESBYTEKY OF ALFOED,
ANENT THE
SCOTCH TJNIVEBSITIES' ACTS OF 1853 AND 1858,
TO THE VENEEABLE THE GENERAL ASSEMBLY, 1859-
At Bridge of Alford, the Sixth day of May, One Thousand Eight Hundred and
Fifty-nine years, The Presbytery of Alford being met and constituted.
Sederunt, &c.
Inter alia — The following Overture anent the Scotch Universities' Acts of 1853 and 1858,
was given In and read : — The tenor follows :
" Whereas by the Act of Security and Treaty of Union, it was provided that all Principals
and Professors within the Universities and Colleges of Scotland, shall, for the greater security
of the Protestant faith, and of the Established Presbyterian Church, before or at their admission,
acknowledge, and profess, and subscribe, the Confession of Faith, as the confession of their
&ith, and that they would practise and conform themselves to the worship presently in use in
this Church, and submit themselves to the government and discipline thereof:
And Whereas the Act 16 and 17 Victoria, C. 89, — in manifest violation and disregard of
the aforesaid National Compacts, abrogated all these much-prized securities, except in the case
of the Professors of Divinity, and of the Principals in the Universities of Glasgow, Aberdeen,
and Edinburgh, and substituted for them a merely negative declaration, which can with
impunity be easily evaded :
And Whereas the Act 21, 22 Vict., passed during 1858, made an additional inroad on
the rights and privileges of this Church, by secularizing the Office of Principal in the Universities
of Glasgow, Aberdeen, and Edinburgh, and thus severed the last constitutional bond of con-
nection between the Established Church and the higher Education of Scotland : — It U humify
avertured by the Presbytery of Alford : That the Venerable Assembly of the Church of Scot-
land take the said Acts of 16, 17, and 21, 22, of Queen Victoria, into their most deliberate
consideration, with a view of claiming from Parliament, a restitution of those rights and privi-
leges of which the Church of Scotland has been despoiled, in violation of the most solemn
international Compacts ever entered into between two independent Nations, the terms of which
provided imalterably, that all pertaining to the security of the Protestant Faith, and the Estab-
lished Presbyterian Church should be reserved, and held to be beyond the competency of the
Federal Legislature to intermeddle with or even consider. Should this appeal to the justice of
Parliament be unsuccessful, — It is further overtured : That the General Assembly, solemnly
protesting against the wrongs which the Church has sustained, shall take such measures, as to
its wisdom may seem most proper, for securing that the youth belonging to her Communion
may be committed to the training and superintendence of such Professors only, on whose sound-
ness in the Protestant Faith, and good affection to the principles and government of the Church
of Scotland, full reliance may be placed."
The Presbytery unanimously approve of said Overture, and order it to be transmitted to
the enusing General Assembly.
Extracted from the Records of the Presbytery of Alford, thb 7th day of
May, 1859, by
HUGH M^CONNACH, Pby. Ok.
MAY 1859.
In tiie (Benoral ^Mtmhljs.
10
OVERTURE
TO
THE VENERABLE THE GENERAL ASSEMBLY OF
THE CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, 19th May 1859,
FBOM THE
SYNOD OF ORKNEY,
AKEXT
THEOLOGICAL TRAINING.
At Kirkwall, the Eighteenth day of August, Eighteen
hundred and fifty-eight years, which day the Synod
of Orkney being met and constituted, — Inter alia^ it
was moved, seconded, and unanimously agreed to,
that the following Overture be transmitted to the
General Assembly : —
WHEREAS it is of the utmost importance to the interests of
religion and the welfare of the people, that the young
men who are training for the office of the ministry should, during
the whole course of their literary and philosophic, as well as
theological studies at the University, be under the teaching and
superintendence of men sound in the faith, and unblamable in
conduct : And Whereas the security formerly provided for the
religious character of the Professors of Literature and Philosophy,
and of the Principals of the Colleges and Universities of Scotland,
Fatoh and BiTOBOy Printers^ Edinburgh.
with the exception of the Principal of St. Mary's College, in
St. Andrews, has been done away : And Whereas, in regard to
the Theological Professorships, there is in many cases no such
provision of income as to induce Members of the Church, best quali*
fied for the work, to accept appointments to such Professorships: —
It is humbly Overtured by the Synod of Orkney to the ensuing
General Assembly, that the Greneral Assembly take the premises
under their most serious consideration, and adopt such measures
as shall to them appear to be best fitted for securing, that young
men training for the oflSica of the ministry shall not, in the course
of their literary and philosophic studies, be exposed to teaching
in the course of which the sacred truths and duties of religion
shall be treated with irreverence or disrespect ; and that for the
Theological Professorships, such provision shall be made as shall
make appointments desirable to Ministers of the Church best
qualified for the office.
Extracted, on this and the preceding page, from the
Records of the Synod of Orkney, by
(Signed) WILLIAM SPARK, Syn. ak.
//
OVERTURE
OF
THE PKESBYTERY OF ALFOED,
ANENT THE
BEFOBT OF THE KINISTEBS' WIDOWS' FUND,
TO THE VENERABLE THE GENERAL ASSEMBLY.
At Bridge of Alford, the Sixth day of May, One Thousand Eight Hundred and
Fifty-nine years, The Presbytery of Alford being met and constituted.
Sederunt, &c.
Inter alia — Thereafter the following Overture anent the Report of the Ministers' Widows'
Fund was given in, and approved of, and ordered to be transmitted to the General Assembly :
" It is humbly overtured by the Rev. the Presbytery of Alford to the Venerable the General
Assembly of the Church of Scotland, indicted to meet at Edinburgh on Thursday the 19th May
instant — That the General Assembly instruct their Clerk to the Widows* Fund to draw up a short
abstract of the various Acts of Parliament relative to the said Fund — the different conditions
specified on which the Representatives of deceased Members are entitled to participate in its
benefits. — And moreover^ that he, the Clerk, publish annually a statement regarding said Fund,
similar to that published by the Clerk of the " Schoolmasters' Widows' Fund" — or a statement
in its various details equally minute — and forward annually to each Minister of the Church of
Scotland, and Professor in the different Universities who are connected with said Fund, a copy
of the state of the Fund, drawn up as directed."
Extracted from the Records of the Presbytery of Alford, this 7th day of
May, 1859, by
HUGH M'CONNACH, Pby. Ok.
May 1859.
IN THE GENERAL ASSEMBLY.
OVERTURE
FROM
THE PEESBYTERY OF SKYE,
ANENT
THE SEHLEMENT OF PRESENTEES,
April 7th, 1859.
VXy^HEREAS it is of the greatest importance to the prosperity
of the Church of Scotland to secure the settlement of
suitable and acceptable Presentees ; and whereas distinct laws,
clear and comprehensive regulations, are essential to the accom-
plishment of this end ; and whereas protracted and vexatious
settlements, accompanied by very expensive litigations, have
taken place under the provisions of the Benefices Act of 1843,
" An Act to remove doubts respecting the admission of Min-
isters to Benefices in that part of the United Kingdom called
Scotland It is humbly overtured by the Presbytery of Skye to
the Venerable the General Assembly, that steps be taken for
placing the provisions of the said Act in a more definite
form, and for framing such regulations as will promote the peace
and comfort of the Church, and clearly exhibit and fully
preserve the rights of the Christian people in the settlement of
Ministers.
HUGH MACARTHUR, Moderator, P.T.
JOHN LAMONT, Presbytery Clerk.
Given in on the 7th of April 1859.
J. Lamont, Clerk.
p. R. Collio & Son, Printers, 19 South St David Street.
MAY 1859.
in tiie iSenetal Essemtls.
OVERTURE
TO
THE VENERABLE THE GENERAL ASSEMBLY OF
THE CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, 19th May 1859,
PROM THE
PRESBYTERY OF WEEM,
ANENT
THE SCOTTISH BENEFICES ACT.
At Weem, the Twenty-seventh day of April, Eighteen
hundred and fifty-nine years, which day the Presby-
tery of Weem met, conform to adjournment, and was
duly constituted.
Inter alia^ — A Deputation appeared, and laid on the table
a Petition, that the Presbytery might be pleased to pray that the
General Assembly may take steps, in co-operation with the Patrons
of Church Livings, and of other influential members of the com-
munity, to have the Scottish Benefices Act, commonly called
Lord Aberdeen's Act, altered and remodelled by the Legislature,
or such other measures enacted as may put an end to the griev-
ances which have occurred under its operation. The Presbytery
unanimously agreed to receive this Petition ; and the following
Overture was adopted, and without a vote agreed to be transmitted
to the General Assembly —
* ^liHE Presbyteiy of Weem, desiring sincerely the welfare,
* peace, and preservation of the Church of Scotland, are fully
Fatoh ahd Bitcbib, Printers, Edinborgli.
2
' persuaded that it is essential to the promotion of these objects,
' that the Presentees to vacant Charges be found not only com-
' petently qualified according to the existing laws of the Church,
' but, moreover, decidedly acceptable to the flocks over which they
' are to act as overseers ; and being besides taught by experience
' that the Scottish Benefices Act, commonly called Lord Aber-
' deen's Act, much as it may appear to be in favour of the people
' in the ample opportunity which it affords for tendering objec-
* tions, has nevertheless not served the purposes of its enactment,
' but, on the contrary, has been in many instances the vexatious
' occasion of a great deal of delav, expense, and uncertainty, alike
* to Presentee, people, and Presoytery ; therefore the Presbytery
' of Weem humbly but most earnestly Overture the Greneral As-
' sembly, that that Venerable Court may be pleased to take the
* same into their serious consideration ; and, if they see meet, to
' take steps to have the foresaid Act so altered and remodelled,
* that an end may be put to the grievances which have occurred
* under its operation/
Extracted from the Records of the Presbytery of Weem,
by
ALEXr. CAMPBELL, Presb. ak.
3Eti tht eitntval ^iitmbln*
May 1859.
OVERTUKE
ANENT-
THE SETTLEMENT OF MINISTERS UNDER THE
SCOTTISH BENEFICES ACT.
At Glasgow, the fourth day of Maj^ eighteen hundred
and fifty-nine years, —
WHICH day the Presbytery of Glasgow being met and con-
stitututed, inter alia^ —
It was moved, seconded, and agreed to transmit the following
Overture anent the Settlement of Ministers under the Scottish
Benefices Act to the ensuing meeting of the General Assembly,
namely : —
^ Whereas unacceptable settlements have taken place under
' the Scottish Benefices Act ; and, whereas, it is desirable to pre-
* vent as much as possible the recurrence of such settlements, —
^ It is humbly Overtured by the Reverend the Presbytery of Glas-
* gow to the Venerable the General Assembly, indited to meet at
* Edinburgh the nineteenth day of this current month of May, that
' the Assembly take the whole subject of the collation of Ministers
* under their most serious consideration, with the view of devising
^ an eflfectual remedy for the evils complained of in all time coming/
Extracted from the Records of the Presbytery of Glas-
gow, by
James Smith, P.C.
Nkill & Co , Printers.
MAY 1859.
in tfie <6eniral ^jsjsemibls.
OVERTURE
TO
THE VENERABLE THE GENERAL ASSEMBLY OF
THE CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, 19th May 1859,
FROM THB
PRESBYTERY OF BRECHIN,
ANENT
THE COLLATION OF MINISTERS.
At Brechin, the Fourteenth day of April, One thousand
eight hundred and fifty-nine years, — ^Which day the
Presbytery of Brechin met and was constituted, —
Inter alia^ the Presbytery took into consideration the Memorial
from Lay Members of the Church of Scotland in reference to the
Induction of Ministers. Satisfaction having been expressed at
the interest evinced by the Lay Members in the welfare and
prosperity of the Church of Scotland, it was moved, seconded,
and unanimously agreed to, that the following Overture on this
subject be transmitted to the ensuing General Assembly : —
' HERE AS, under the working of the Scotch Benefices Act,
' ^ ^ commonly called Lord Aberdeen's Act, Ministers in some
* cases have been settled in parishes contrary to the express wishes
^ of the Congregations, and m the face of numerously signed objec-
' tions, whereby serious evils have arisen, to the detriment, as is
Patoh & BiTCBi% Frinten, Edinburgh.
2
' alleged, of the peace and prosperity of the National Church, — ^the
' credit of her Office-bearers and Members; — ^the influence and dig-
* nity of her Courts, — and the cause of Religion within her bounds :
^ — And Whereas much difference of opinion prevails through-
' out the Church as to the origin of thifee evils, — ^whether they
' are traceable directly to the Scotch Benefices Act itself, or to
' the improper and unfair application of its provisions in the
' working of it out : — It is humbly Overtured the Venerable the
* General Assembly to take the whole subiect of the Collation of
* Ministers under their most serious consideration, with the view
' of devising some speedy and effectual remedy for the evils
* complained of, to whatosever cause they may be justly attri-
' butable.
Extracted from the Records of the Presbytery of Brechin^
by
ROBt. grant, Pby. Clk.
MAY 1859.
OVERTURE
TO
THE VENERABLE THE GENERAL ASSEMBLY OP
THE CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, l&th May 1859,
FROM THB
PRESBYTERY OF GREENOCK,
ANENT
THE SETTLEMENT OF UNACCEPTABLE MINISTERS.
At Greenock, and in the West Parish Session-house, this
Second day of February, One thousand eight hundred
and fifty-nine years. This day tto Presbytery of
Greenock inet, conform to appointment, and was
constituted, — Inter aliay
WHEREAS the Church of Scotland has been established and
is upheld for the religious and moral improvement of the
people : And Whbrbas the settlement of unacceptable ministers
m parishes is calculated to prevent such improvement: And
Whereas several cases of these have taken place under the Bene-
fices Act : — It is humbly Overtured to the Venerable the General
Assembly of the Church, to take the matter into serious consider-
ation, with the view to such an application to the Legislature for
Patok & RiTCHis, Printert, Edinburgh.
2
an amendment of the Act, as will in future give effect to the
principle of non-intrusion in its fullest extent.
The Sederunt closed with prayer.
Extracted from the Records of the Presbytery of Green-
ock, this Fifth day of May, One thousand eight hun-
dred and fifty-nine years, by
JAMES HUTCHESON, Presb. CUc.
MAY 1859.
OVERT URE
TO
THE VENERABLE THE GENERAL ASSEMBLY OF
THE CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, 19th May 1859,
FROM THE
PRESBYTERY OF DUNKELD,
ANBNT
THE SETTLEMENT OF ACCEPTABLE MINISTERS
IN VACANT BENEFICES.
At Dunkeld, the Twenty-ninth day of March, One
thousand eight hundred and iifty-nine years, which
day the Presbytery of Dunkeld, being met and con-
stituted, did, inter oZta, agree to Overture the General
Assembly as follows : —
^VM^HEREAS the settlement of acceptable ministers in vacant
^ ^ benefices is necessary to the peace and prosperity of the
Church: And Wheebas the Act 6 and 7 Vict., cap. 61, com-
monly called Lord Aberdeen's Act, has been found not in all
eases to conduce to this most desirable end : And Whereas the
right of objecting to presentees, conferred by that Act on the
parishioners, is hampered with conditions that make its exercise
expensive and dilatory, as well as uncertain in its results : — It is
humbly Overtured by the Presbytery of Dunkeld, to the Venerable
Patov 4 KiTOBiB, Printcn, Ediuborgh.
2
the General Assembly, to take steps, in co-operation with the
Patrons of Benefices, to obtain such a legislative change in said
Act as will prevent the evils that have been found to arise under
its operation.
Extracted from the Records of the Presbytery of Duti-
keld, by
THO. C. WILSON, Presh. Clk.
MAY 1859.
in tte General fliSDembls.
OVERTURE
TO
THE VENERABLE THE ^GENERAL ASSEMBLY OP
THE CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, 19th May 1859,
^M/'HEREAS, under the Regulations of Assembly 1856, for
^ ^ the working out of the Scotch Benefices Act, the Call
cannot be proceeded on if the Objections offered to a Presentee
under the Act are sustained as relevant, and found proved by the
Presbytery acting judicially between the Presentee and the
Objectors : — It is humbly Overtured to the Assembly, that
henceforth Presbyteries be instructed to ask for Objections, and
if any are offered, judicially to dispose of the same before any
ANBNT
REGULATIONS ON THE INDUCTION OF MINISTERS.
Assembly Hall, 21^^ May 1859.
(Signed)
JAMES BRYCE, D.D.
THOMAS BARCLAY, D.D.
JAMES GILLAN, of Alford.
Patom & fiiTCBiv, rrinterr, Kdlnburgh,
i
If
6*.
5
MAY 1859.
OVERTURE
TO
THE VENERABLE THE GENERAL ASSEMBLY OF
THE CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, 19th May 1859,
FROM th;
PRESBYTERY O^
RTARFF,
ANBNT
THE SCOTTISti BENEFICES ACT.
At Fort-Augustus, the Fourth day of May, Eighteen
hundred and fifty-nine years, which day the Presby-
tery of Abertarff met according to adjournment, and
being constituted, —
Inter alta^ — The Presbytery agreed to transmit the following
Overture to the ensuing General Assembly : —
THE Presbytery, highly valuing the Scotch Benefices Act as
an explicit declaratory enactment, freeing from all doubt
the established law of the Church which prohibits the settlement
of any minister against whom just cause of objection exists;
disapproving, in present circumstances, of applying to the Legis-
lature to alter the provisions thereof ; and regretting that this
excellent law has hitherto been impeded in its operations by the
Form of Process used for carrying it into effect — a form which is
cumbrous, dilatory, and expensive : — Respectfully Overture the
Venerable the General Assembly, to simplify and expedite
Fatok and Bitcbib, Printers, Edinburgh.
2
the procedure for carrying out the objects of the said Statute, and
particularly to shorten the form of cognoscing objections taken
against Presentees, and to make such regulations as the Assembly
may consider adequate for these purposes.
Extracted from the Records of the Presbytery of Aber-
tarff, by
(Signed) COLIN MCKENZIE, Presh. ah.
MAY 1859.
In tf)e iffienetal ^nBzmUs.
OVERTURE
TO
THE VENERABLE THE GENERAL ASSEMBLY OF
THE CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, 19th May 1859,
FROM THE
PRESBYTERY OF KIRKCALDY,
EELATIVE TO
THE CONDUCTING OF PUBLIC WORSHIP.
At Kirkcaldy, the Fourth day of May, Eighteen hundred
and fifty-nine years, the which day the Presbytery of
Kirkcaldy met and was constituted, — Inter alia^ it
was resolved, by a majority of five to four, to trans-
mit to the Venerable the General Assembly the fol-
lowing Overture, viz. :—
WHEREAS it is proper and for edification, that the exercises
of public worship in all congregations throughout the
Church should be conducted in conformity with the * Directory
* for the Public Worship of God,' agreed to and approven by the
General Assembly 1645, and which was also ratified and approven
by Act of Parliament of the same year : And Whereas a
departure, in many respects, from the order of said Directory has
for some time past generally prevailed in practice : — It is humbly
Overtured by the Presbytery of Kirkcaldy, to the Venerable the
Patov and Kitchib, Printers, Edinburgh.
2
hnriHTiJ. A.v%:nhilv, that tLej do, of new, * rMnire, decon, and
• origin, trjit according to the plaui tenor and m^anins of the
' Dir^r.orj, and tfie intent of the preiace thereof, it l)e care-
• &ry: aiii/ormly obser^e-i and practised by all the mmisters
• and otr.f;r-: within this kingdom, whom it doth concern : ' and
not or/;y so. bnt for the more edectnal accomplishing of this, and
by vray of publishing a Declaratory Act on the same, that a
tabular form bf; prepared and issued, setting forth the \arions
j>art.-; of public worship in fJw order and accordir%ff to the manner
\Ti which they ought to be punctually observed and practised in
all corjgrogationii throughout the ChurcL
Extracted from the Records of the Presbytery of Kirk-
caldv, bv
JOHN WILSON, Presb. aJc.
OTERTIJRE
TO
TBE VENERABLE THE GENERAL ASSEMBLY OF THE
CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, 19th May 1859,
FROM THE
SYNOD OF MERSE AND TEVIOTDALE ANENT
INNOVATIONS IN PUBLIC WORSHIP.
At Kelso, the twenty-sixth of October, One thousand eight hundred and fifty-
eight years, which day the Provincial Synod of Merse and Teviotdale met
and was constituted. — Inter alia, it was resolved to transmit to the Venerable
the General Assembly the following Overture, viz. : —
Whereas it appears from the decision of last Greneral Assembly, on the
Overtures anent Public Worship, that the General Assembly have enjoined
Presbyteries to inquire into the existence of innovations in Public Worship, only
when such innovations are represented to them as having taken place,'' it is
humbly overtured to the ensuing General Assembly to require each Presbytery,
to see that the Uniformity of Public Worship be maintained within its bounds."
Extracted from the Records of the Synod of Merse and Teviotdale, by
ADAM GOURLAY, CI. Syn. Prov.
2
* Rights and Privileges of the Church in its relation to the Uni-
' varsities of Scotland, — It is humbly Overturedj by the Reverend
* the Presbytery of Glasgow, to the Venerable the General
' Assembly, indited to meet at Edinburgh on the nineteenth day
' of this present month of May, that the foresaid Clause be taken
' into consideration by the Venerable Assembly, and such mea-
' sures be adopted in reference to it as the wisdom of the Assembly
^ shall deem most expedient.
Extracted from the Records of the Presbytery of
Glasgow, by
James Smith, P.C.
MAY 1859.
In tf)e <2lencral ^a^mhi^.
OVERTURE
TO
THE VENERABLE THE GENERAL ASSEMBLY OF
THE CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, 19th May 1859,
FROM THE
PRESBYTERY OF PEEBLES,
ANKNT
PRINCIPALS IN UNIVERSITIES.
At Peebles, the Sixteenth day of March, One thousand
eight hundred and fifty-nine, which day the Presby-
tery of Peebles met, and was constituted, —
Inter alia^ it was moved, seconded, and unanimously agreed to,
that the following Overture should be transmitted to the ensuing
General Assembly : —
' HERE AS it is enacted, in the third clause of the Act 21
^ ^ and 22 Victoria, cap. 83, entitled " An Act to make pro-
' " vision for the better government and discipline of the Universi-
' " ties of Scotland, and for the union of the two Universities and
* " Colleges of Aberdeen,'* that the Principals in the Universities of
' Glasgow, Aberdeen, and Edinburgh, appointed in time to come,
' shall not, as such, be, or be deemed, Professors of Divinity ; nor
' shall it be a valid objection to any person appointed to the office
* of Principal in any of the said Universities, that he is a Layman :
Paton & Ritchie, Printers, Edinburgh.
2
' And Whereas the aforesaid enactment, especially whefii viewed
' in connection with that entire sfreedom from the religious inspec-
' tion and control of the Church of Scotland^ and from aU religious
' inspection and control whatsoever^ which has recently been con-
' veyed to every Professor^ except the Theological Professors in
' our Universities^ is a contradiction in terms to the very title of
' the Bill itself, and to the pious purposes of those by whom the
' Scottish Universities were founded : — It is humbly Overtured by
' the Presbytery of Peebles, to the General Assembly, that the
' past and present relation of the Church to the Universities be
' considerea, and such measures adopted as the General Assembly
Closed with prayer.
(Signed) Wm. WALKINSHAW, Modr.
Extracted from the Records of the Presbytery of Peebles,
promote the interests both of
by
G. H. MONILAWS, Presh. Ok.
May 1869.
IN THE GENERAL ASSEMBLY.
OVERTURE
BY
THE PRESBYTERY OF DEER,
ANENT THE
EXAMINATION OF STUDENTS OF DIVINITY.
HIGH day the Presbytery of Deer being duly met and
* ^ constituted, — Sederunt, the Rev. James Mitchell, Mode-
rator ; Messrs Welsh, Hume, Cock, Robb, Wilson, and Gray,
Ministers ; Messrs Anderson and Wilson, Elders ; John Mit-
chell, Clerk, pro tempore. — Inter alia. It was unanimously re-
solved to transmit the following Overture to the ensuing
General Assembly : —
That whereas there is a great diversity in the Subjects pre-
scribed for the Examination of Students in Divinity by diflPerent
Presbyteries, it is humbly overtured by the Presbytery of Deer,
that the Venerable the General Assemblv, indicted to meet at
Edinburgh on Thursday the Nineteenth day of May next, in
their wisdom appoint a Committee to draw up an uniform series
of Subjects of Trial for the different years of attendance at the
Divinity HalL
Extracted from the Records of the Presbytery of Deer, this
seventh day of May 1859, by
Stbichbn, 27th April 1869.
ALEX. IRVINE,
Clerk of Presbytery.
Printed by John HuoHBSy 8 Thistle Street
MAY 1859.
In fhe Oeneral Assembly.
OYERTFRB
♦TO
THE VENERABLE THE GENERAL ASSEMBLY OF
THE CHURCH OF SCOTLAND
ANENT
5CH00IMASTEES' FOaMUlA.
At Cupar, tlie 10th day of May 1859. The Presbytery of
Cupar being met and constituted, inter alia^ it was
unanimously resolved by the Presbytery to transmit the
following Overture to the General Assembly : —
WHEREAS the taking of the Oaths to Government, and
the Signing of the Formula on the part of all Parochial
Schoolmasters previous to induction into office, as now practised
in this Church, is a guarantee for the loyalty and religious
character of every such Schoolmaster, which, from the earliest
times, has been regarded as indispensable ;
And whereas attempts have been already made, and in all
probability will be made again, to alter this arrangement by
rarliamentary enactment, and even to render it illegal, on the
part of the Church, to require any such guarantee for 9ae loyalty
and religious character of presentees toTarish Schools ;
And whereas, at the same time, it is well known that there are
religious bodies in the land who, equally with the Established
Church, adhere to the Westminster Confession of Faith and
other Presbyterian standa;rds, who have schools in connection
with them, over which they exercise jurisdiction and superin-
PRINTED AT THE OFFICE OF "THE EVENING POST,"
78 BOSE 8T&EBT, EDINBUBQH^
2
tendence in the same way as is practised in the Establishment,
and which schools it is possible the Legislature may see cause
to endow, and in other respects to place on a level with the
already existing Parish Schools ;
It is humbly overtured by the Presbytery of Cupar to the
Venerable the ensuing General Assembly : —
1» That the General Assembly resist, in every way corppetent
for them, the passing of any Act of Parliament designed to abro-
gate the above-pamed Oaths and Formula, and more especially
instruct Presbyteries and their faithful people everywhere to use
all proper and available means to induce the Legislature to
abstain from all such legislation — the contemplated change
being, in the opinion of this Church, subversive of Parochial
order, hostile to the interests both of Church and State, destruc-
tive of the religious constitution of the Schools, and at variance
with the true ends of a Christian and Protestant Education.
But at the same time,
2. That the General Assembly frankly acknowledge the claims
of other Presbyterian Bodies to have their schools endowed by
the State, and placed in all respects on a similar footing with
Parochial Schools; provided always that the Teacher give a
guarantee of his loyalty and religious character by taking the
Oaths to Governtnent and signing such a religious Formula,
acknowledging the Westminster Standards, as may be satisfac-
tory to the Presbyterian Body with which the School is con-
nected, or which exercises jurisdiction over it.
Extracted from the Records of the Presbytery of
Cupar, by
Jambs Andbrson, Presbytery (Herk.
MAY 1859.
In fhe General Assembly.
OVERTURE 2{
TO
THE VENERABLE THE GENERAL ASSEMBLY OF
THE CHURCH OF SCOTLAND
FBOM
THE PRESBYTERY OF CUPAR,
ANENT
SiliKIES OF PAROCHIAL SGHOOIMASTERS.
At Cupar, the 10th day of May 1859 years which day the
Presbytery of Cupar being met and constituted, ifUer
aliaj they agreed to transmit the following Overture to the
ensuing General Assembly — ^viz. : —
W HEBE AS it has been well known, from constant personal
observation, that the Parish School System of Scot-
land is a model for effectiveness, while the salary of its masters is
quite insufficient ;
And whereas it has been seen with what unanimity both of
these statements have been reiterated by the most distinguished
members of the Legislature of all shades of politics, as well as by
the Heritors of Scotland, and indeed by all classes and denomi-
nations of our countrymen, and by not a few foreigners of
literary and philanthropic eminence — The Presbytery of Cupar
humbly overture the Venerable the General Assembly to peti-
PRINTBD AT THB OFFICE OF ««THB EVEmO POST,"
78 B06B 8TBBBT, BDUBUEOH.
2
tion both Houses of Parliament to pass an Act fixing the Salary
of Schoolmasters at the minimum of fifty pounds sterling, or at
such other sum as may be deemed to be adequate. The Pres-
bytery enjoin their delegates to support said Overture in the
Assembly.
Extracted from the Records ^f the Presbytery of
Cupar, by
James Akdbbson, Presbytery Clerk.
OVERTURE
OF
THE PEESBITEEY OF STKATHBOGIE,
ANENT THE
SCOTCH UNIVEBSITIES' ACTS OF 1853 AND 1858,
TO THE VENEEABLE THE GENERAL ASSEMBLY, 1859.
" Whereas by the Act of Security and Treaty of Union, it was provided that all Principals
and Professors within the Universities and Colleges of Scotland, shall, for the greater security
of the Protestant faith, and of the Established Presbyterian Church, before or at their admission,
acknowledge, and profess, and subscribe, the Confession of Faith, as the confession of their
&ith, and that they would practise and conform themselves to the worship presently in use in
this Church, and submit themselves to the government and discipline thereof :
And Whereas the Act 16 and 17 Victoria, C. 89, — in manifest violation and disregard of
the aforesaid National Compacts, abrogated all these much-prized securities, except in the case
of the Professors of Divinity, and of the Principals in the Universities of Glasgow, Aberdeen,
and Edinburgh, and substituted for them a merely negative declaration, which can with
impunity be easily evaded :
And Whereas the Act 21, 22 Vict., passed during 1858, made an additional inroad on
the rights and privileges of this Church, by secularizing the Office of Principal in the Universities
of Glasgow, Aberdeen, and Edinburgh, and thus severed the last constitutional bond of con-
nection between the Established Church and the higher Education of Scotland : — // U humbly
overtured by the Presbytery of Strathbogie : That the Venerable Assembly of the Church of Scot-
land take the said Acts of 16, 17, and 21, 22, of Queen Victoria, into their most deliberate
consideration, with a view of claiming from Parliament, a restitution of those rights and privi-
leges of which the Church of Scotland has been despoiled, in violation of the most solemn
mtemational Compacts ever entered into between two independent Nations, the terms of which
provided unalterably, that all pertaining to the security of the Protestant Faith, and the Estab-
lished Presbyterian Church should be reserved, and held to be beyond the competency of the
Federal Legislature to intermeddle with or even consider. Should this appeal to the justice of
Parliament be unsuccessful, — It is further overtured : That the General Assembly, solemnly
protesting against the wrongs which the Church has sustained, shall take such measures, as to
its wisdom may seem most proper, for securing that the youth belonging to her Communion
may be committed to the training and superintendence of such Professors only, on whose sound-
ness in the Protestant Faith, and good affection to the principles and government of the Church
of Scotland, fuU reliance may be placed.**
HuNTLY, May 4, 1869. — Extracted from the Records of the Presbytery of Strath-
bogie, of this date, by
MAY 1859.
in General ^ststemlils.
OVERTURE
TO
THE VENERABLE THE GENERAL ASSEMBLY OF
THE CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, 19th May 1859,
FROM THE
SYNOD OF ORKNEY,
ANENT
DEFUNCT PRESBYTERIES.
I
At Kirkwall, the Eighteenth day of August, Eighteen
hundred and fifty-eight- years, which day the Synod
of Orknejjr being met and constituted, — Inter cdm^ it
was unanimously resolved to transmit the following
Overture to the Greneral Assembly : —
WHEREAS a fixed constitution, well understood, is the
" parent of peace and order : " And Whereas doubts exist
on the vitally important question, as to whether or not it be
constitutional and competent for the Members of a Presbyterj
that has become, in technical language, " defunct," to revive it
without the interposition of the Synod or General Assembly:
Whebbas entirely opposite doctrines are taught on this subject
by different authorities of high name and position : And Whereas
it is extremely desirable that no doubt should exist as to what
is the proper mode of Ecclesiastical procedure in circumstances
Patoh ahd Kitohib, Printers, Edinburgh.
2
that are of not unfrequent occurrence ; and that, when they do
occur, give rise at present to much difficulty and embarrassment,
and involve important consequences : — It is humbly Overtured
by the Synod of Orkney, to the Venerable the Greneral Assembly
of the Church of Scotland, that the General Assembly ta^e the
premises into their serious consideration, and pass an Act to re-
move all doubts on this matter ; and do generally, in reference
thereto, what to their wisdom may seem meet.
Extracted, on this and the preceding page, from the
Records of the Synod of Orkney, by
(Signed) WILLIAM SPAEK, Syn. ak.
MAY 1859.
in t^e (Simmi ^^semiils.
OVERTURE
TO
THE VENERABLE THE GENERAL ASSEMBLY OF
THE CHURCH OF SCOTLAND,
Indicted to meet at Edinburgh, 19th May 1859,
FROM THE
PRESBYTERY OF PENPONT,
ANENT
SCHEDULES FOR SCHOOL STATISTICS.
At Penpont, the Third day of May, One Thousand eight
hundred and fifty-nine years, which day the Presby-
tery of Penpont met and was constituted, — Inter
cdia^ it was agreed to transmit the following Over-
ture to the General Assembly, viz. : —
"^t^HEREAS the Schedules now in use for obtaining School
^ ^ Statistics are of a nature too complex, and are not suited
to obtain these correct returns which are so desirable, — It is
humbly Overtured by the Presbytery of Penpont, to the Vener-
able the General Assembly, that they do take the same into their
consideration, and so alter and amend them as to meet the wants
of the case.
Sederunt closed with prayer.
Extracted from the Records of the Presbytery of Pen-
pont, by
ROBERT NEWALL, Presb. ak.
Patok & Ritchie, PrinterB, Edinburgh.
May 1859.
OVERTURE
ANENT
THE TRICENTENARY OF THE REFORMATION IN
SCOTLAND.
At Glasgow, the fourth day of May Eighteen hundred
and fifty-nine years, —
WHICH day the Presbytery of Glasgow being duly met and
constituted, inter alia^ —
It was moved, seconded, and agreed, to transmit the following
Overture relating to the Tricentenary of the Reformation in Scot-
land to the ensuing meeting of the General Assembly, namely : —
' Whereas the Tricentenary of the Reformation being estab-
* lished in Scotland will occur in the year 1860 ; and whereas it
' is desirable that the Members of this National Church should be
' prepared to celebrate so remarkable an epoch in an appropriate
' manner, — It is humbly Overtured by the Reverend the Presbytery
* of Glasgow to the Venerable the General Assembly, indited to
' meet at Edinburgh on the nineteenth day of this present month
' of May, that a Committee be appointed to consider and report
' to the General Assembly in 1860 how said Tricentenary may
* be best, most devoutly, and most improvingly be observed ; and
' that power be given to said Committee to hold communication
Nbill k Co., Priuiers,
2
^ with other bodies of Christians, so that, if there shall be a dis-
' position to act together on an occasion of such general concern,
' the Protestants of Scotland may unite in showing the value which
' thej attach to the blessings of the Reformation, and their deter-
^ mination, with the help of God, to retain these blessings for
^ themselves, and transmit them to posterity.'
Extracted from the Records of the Presbytery of
Glasgow, by
James Smith, P.O.
May, 1859.
APPEAL
OF
THE EEVEEEND JAMES SMITH,
MINISTER OF GRETPRIARS PARISH IN ABERDEEN,
FROM A SENTENCE OF THE SYNOD OF ABERDEEN PRONOUNCED
ON THE 13th OF APRIL, 1859.
At Aberdeen, the Thirteenth day of April, One thousand Eight
hundred and Fifty-nine years.
On which day, the Provincial Synod of Aberdeen being met and con-
stituted by prayer, inter alia, took up a Dissent and Complaint by the
Reverend James Smith, Minister of Greyfriars Parish in Aberdeen, against a
Deliverance of the Presbytery of Aberdeen, of date the Twentv-aecond day of
February last, and thereupon called partiiB. Compeared for tne Complainer,
the said Reverend James Smith ; for the Presbytery, the Reverend Dr.
William Paul, Dr. William Robertson Pirie, and Dr. Robert Macpherson.
The Synod proceeded to read the relative papers in this case, as transmitted
by the Committee for Bills, and of which the tenor follows, viz. : —
G. CoRiHYALL & Sons, Pbditebs, Abeeoebn.
2
I. EXTRACT MINUTE of the PRESBYTERY of ABERDEEN.
St. Martfs ChapeU Aberdeen, the Twenty-second day of February ,
One thousand Eight hundred and Fifty-nine years.
Which day the Presbytery of Aberdeen met, and having been constituted,
inter alia. Dr. Paul brought before the Presbytery the motion of which he
had given notice at last ordinary Meeting, which was read, and its tenor
follows : — Whereas it is contrary to the constitution of the. Church of Scot-
" land, that persons, not regularly called, and declared qualified by the Church,
" should take upon themselves the office of the Ministry of the Word, or
" meddle with any function Ecclesiastical : And whereas, by Act 6th of As-
"sembly 1799, and Act ISth of Assembly 1855, Ministers are prohibited from
employing or countenancing any such persons in the teaching or Ministry
" of the Word, in any of the Churches or Chapels in connexion with the
" Church : And whereas the Presbytery have learned that certain individuals,
'* neither Ministers, nor Licentiates, nor even, it is believed. Members of the
Church, have recently been occupying pulpits, and teaching or addressing
" Congregations in Churches within the bounds of this Presbytery, both on
" Sabbaths and other days of the week, the Presbytery did, and hereby do
warn all Ministers, Members of this Presbytery, and Ministers of Chapels
of Ease within the bounds, that such practices are contrary to the Laws of
the Church." Which motion was proposed and seconded. It was also
moved and seconded : That the Presbytery having considered the motion
now made, decide, that the "Divine Service*' referred to in the Act 1855,
refers only to the usual diets of worship on the Sabbath day. After delibera-
tion, it was agreed that the state of the vote be first, or second motion. And
the roll having been called, and votes marked, it was found to carry first
motion.
From which motion, Mr. Smith, of Greyfriars, dissented, and complained
to the ensuing Synod, for reasons to be given in, in due time, and for others
to be urged at the bar of the Synod, — and took instruments, and craved
Extracts, which were allowed.
IL EXTRACT MINUTE, with REASONS of DISSENT and
COMPLAINT; viz.—
At St. Mary's Chapel, Aberdeen, the Twenty 'ninth day of March,
1 859 years.
Which day, the Presbytery of Aberdeen met, and having been constituted,
the Clerk reported that Reasons of Dissent and Complaint against the finding
\
3
of the Presbytery, of date the Twenty-second day of February last, had been
lodged with {lim in due time ; which reasons were laid on the table and read,
as follows : —
"Aberdeen, 26th February, 1859.
Reasons of Dissent and Complaint against the finding of the Presbytery
of Aberdeen, on Tuesday the Twenty-second of February, by James Smith,
Minister of Greyfiriars : —
First — " Because the interpretation put upon the law is impolitic,
suicidal, and unsuited to the age, and like many other laws it will not be
possible to carry it into execution in a living church.
Second. — " Because the supposed law is at present very generally broken,
** and if literally carried out, according to the interpretation now put upon it,
would put a stop to all the variety of religious meetings and prayer meet-
" iofjs in which numbers of linrmen of other denominations, or even our own
" elders, take part ; and would put a stop to Sabbath School addresses in our
" Churches and Chapels by others than by our Ministers and Licentiates.
Third. — Because such an interpretation of the law would compel us to
prevent our people from hearing, in our own Churches or Chapels, any de-
" servedlj celebrated clergyman of the Church of England, or of any other
denomination who might come among us, although he were to address our
''people only on a Sabbath evening, or week-day evening, and not in the
" usual hours of Divine Service.
Fourth. — Because such an interpretation is injurious to the best in-
" terests of the Church of Scotland, the glory of God, and the great end of
" the Gospel Ministry in the conversion of souls.
(Signed) "JAMES SMITH, Minister of Grey friars."
The Clerk was instructed to send an extract of the said reasons to the
Complainer, along with the other extracts in this case ; and the Presbytery ap-
pointed Dr. Paul, Dr. Pine, and Dr. Macpherson, to defend the Presbytery's
sentence complained against, at the bar of the Synod.
Extracted from the Record of the Presbytery of Aberdeen, &c., by
(Signed) WILLIAM PAUL, Pby. Clk.
The reading of the papers being finished, parties were heard and removed.
And after reasoning, it was moved and seconded, "That the Synod dismiss
" the complaint, and affirm the finding of the Presbytery of Aberdeen
4
which motion was agreed to, and the Synod did, and hereby do, find in terms
thereof.
Parties were recalled, and heard this deliverance read : — Whereupon
Dr. William Paul acquiesced for the Presbytery of Aberdeen, and took
instruments, and craved extracts ; but against which sentence the Reverend
James Smith protested, and appealed to the ensuing General Assembly, for the
reasons already lodged, and others to be lodged in due time^ or to be lodged
at the bar of uie Assembly, on all which he took instruments in the hands of
the Clerk, and craved extracts, which were allowed.
The Synod appointed the members in the bounds, who may be present
as Commissioners in the ensuing General Assembly, to defend the sentence
appealed against.
Extracted from the Record of the Provincial Synod of Aberdeen, on
this and the six preceding pages, by
ALEX. CUSHNY, Synod Clerk.
Sn General ^Memblp.
May 1859.
EXTEACT OF MINUTES
OF
SYNOD OF LOTHIAN AND TWEEDDALE,
IN CURRIE CASE.
John Baxter, Printer, Jamet Gonrt, Head of Xonnd.
4
which motion was agreed to, and the Synod did, and hereby do, find in terms
thereof.
Parties were recalled, and heard this deliverance read : — Whereupon
Dr. William Paul acquiesced for the Presbytery of Aberdeen, and took
instruments, and craved extracts ; but against which sentence the Reverend
James Smith protested, and appealed to the ensuing General Assembly, for the
reasons already lodged, and others to be lodged in due time^ or to be lodged
at the bar of the Assembly, on all which he took instruments in the hands of
the Clerk, and craved extracts, which were allowed.
The S^od appointed the members in the bounds, who may be present
as Commissioners in the ensuing General Assembly, to defend the sentence
appealed against.
Extracted from the Record of the Provincial Synod of Aberdeen, on
this and the six preceding pages, by
ALEX. CUSHNY, Synod Clerk.
In ^tntval ^XMtmblp.
May 1859.
EXTRACT OF MINUTES
OF
SYNOD OF LOTHIAN AND TWEEDDALE,
IN CURRIE CASE.
John Baxter, Printer, Jamee Gonrt, Heed of Xonnd.
\
Extract MINUTES of SYNOD of LOTHIAN AND TWEED-
DALE, of date 2d November 1858, in Currie case.
Edinburgh, 2d November 1859.
ICH day the Synod of Lothian and Tweeddale being met
^ * and constituted, inter alia,
The Synod took up the Dissent and Complaint by Drs Veitch
and Macfarlane against a judgment of the Presbytery of Edin-
burgh, of date 25th August 1858, That the resignation by Dr
Barclay of the parochial charge of Currie lie on the table till
next ordinary meeting.
The following papers were produced and read —
1. Extract Minutes of Presbytery of Edinburgh, of date 25th
August 1858.
2. Extract Minutes of Presbytery of Edinburgh, of date 29th
September 1858, including Reasons of Dissent and Com*
plaint by Drs Macfarlane and Veitch.
3. Extract Minutes of Presbytery of Edinburgh, of date 27th
October 1858, including Answers to aboTe Reasons by
Drs Smith and Lee and Mr William Smith.
Parties being called, there appeared Drs Macfarlane and
Veitch, the complainers; for the Presbytery, Drs George Smith
and Robert Lee and Mr William Smith.
Dr Macfarlane was heard in support of the dissent and com-
plaint, Drs Smith and Lee for the Presbjrtery, and Dr Veitch in
reply.
Parties having been removed; a motion was made and se-
conded. That the Synod sustain the dissent and complaint; re-
verse the sentence of the Presbytery complained of; find that
the Parish of Currie became vacant on the 25th August 1858,
by Dr Barclay's resignation of his charge into the hands of the
Presbjrtery at their meeting that day; and appoint the Presby-
tery of Edinburgh to make the requisite intimations of the va-
cancy.
4
Another motion was made and seconded. That the Synod sus-
tain the Dissent and Complaint, and find that the Presbytery
of Edinburgh erred in the judgment they came to, and ought,
on the day on which Dr Barclay's resignation was tendered, in
terms of the Act of Assembly to have accepted that resigna-
tion, and made the usual intimations that the charge was va-
cant to the patron and people of Currie.
It was agreed that the state of the votes be, first or second
motion, and the roll being called and votes marked, it carried
fi/rst motion.
Wherefore the Synod sustain the Dissent and Complaint, re-
verse the sentence of the Presbytery complained of; find that the
parish of Currie became vacant on the 25th August 1858, by Dr
Barclay's resignation of his charge into the hands of the Presby-
tery at their meeting on that day; and appoint the Presbytery
of Edinburgh to make the requisite intimations of the vacancy.
Parties being called in, judgment was intimated; whereupon
Drs Smith and Lee and Mr Wm. Smith protested, and appealed
to the General Assembly; took instruments in the clerk's hands,
and craved extracts.
Drs Macfarlane and Veitch acquiesced in the judgment, and
took instruments.
Messrs Tait and Phin were appointed to defend the sentence
of the Synod at the bar of the General Assembly.
Extracted on this and the two preceding pages from the Re-
cords of the Synod of Lothian and Tweeddale, by
John Christison, Syn. Clk.
5
Extract MINUTES of the PRESBYTERY OF EDINBURGH
in Currie Case, 1858.
At Edinhurghy and within the Presbytery Hall there>
the 25th August 1858 years.
The which day the Presbytery of Edinburgh met, and was
duly constituted.
Inter alia, There was received and read the following letter
from Dr Barclay, addressed to the Moderator, viz. —
' Currie, 25th August 1858.
' Rev. and Dear Sir,
' Having been presented and admitted to the office of
' Principal of the College of Glasgow, I hereby tender the resig-
' nation of my charge as Minister of this parish; and request
' that the Presbytery may be pleased to take the usual steps for
* dissolving the pastoral relation between me and my parish-
' ioners.
I remain. Rev. and Dear Sir, Very faithfully yours,
(Signed) ' T. Barclay.
' To the Reverend the Moderator
' of the Presbjrtery of Edinburgh.
' To be communicated.^
After discussion, it was moved and seconded. That Dr Bar-
clay's resignation of the parochial charge of Currie, contained in
the above communication, be accepted. It was also moved and
seconded, That the said resignation lie on the table till next or-
dinary meeting.
It was agreed that the state of the vote should be first or se-
cond motion. The roll being called, and votes marked, it car-
ried second motion by 9 to 3. Wherefore the Presbytery re-
solved in terms of the second motion. Against this judgment
Drs Veitch and Macfarlane dissented, and protested for leave
to complain to the ensuing Synod, promising to give in reasons
in due time.
Extracted on this and the preceding page jfrom the Records
of the Presbytery of Edinburgh by
(Signed) Henry Duff, Clk. Presb. Edin.
B
6
At Edinburgh^ and within the Presbytery Hall there,
the 29th September 1858 years.
The which day the Presbytery of Edmburgh met, and was
duly constituted.
Inter alia, Dr Macfarlane read and gave in the following
Reasons of Dissent (dated 1st September) against the judgment
of the Presbytery anent Dr Barclay's tender of the resignation
of the parochial charge of the Church and Parish of Currie, laid
on the table at last ordinary meeting, viz. —
' We protest for leave to complain to the Synod of Lothian
' and Tweeddale against the sentence of the Presbytery of Edin-
' burgh in regard to Dr Barclay's resignation of the parochial
' charge of Currie, of date the 25th day of August 1858,
' I. Because by delaying to accept this resignation the Pres-
' bytery contravene the statute of the Church anent the union
' of offices, Session 5, May 28, 1817, by which it is enacted and
' ordained, ' That if a minister of a parish which is not situated
in the city that is the seat of the University, or the suburbs
" thereof, be hereafter presented or elected to a Professorship in
" any University, he shall, at the first ordinary meeting of the
" Presbytery which shall take place after the lapse^f six months
" from the date of his induction into the Professorship, resign
" into the hands of the Presbytery his parochial charge/ The
' time and the meeting of Presbytery at which the resignation
' must be made are distinctly specified.
' The resignation is not merely to be tendered to the Presby-
' tery as what they have it in their option to decline, but the
' parochial charge must, in what is then done, pass from the
' hands of the minister into the hands of the Presbytery; and
' the resignation is a thing that must be done and completed at
' that particular meeting. The obligations of the Presbytery to
' accept the resignation, as employing, in terms of the statute,
" the means competent to them in order to prevent the same
person from holding at the same time a Professorship in a
University and a parochial charge/ being manifestly as im-
' perative as that of the party required to make the resignation.
' So imperative is the obligation, that, in the event of the resig-
' nation not being made as enacted, the Presbytery are, by the
7
* statute, to serve the minister with a libel, and proceed against
' him according to the rules of the Church.
' II. Because, if the Presbytery is not under such obligation
' but may delay the acceptance of the resignation to another
' meeting, they may equally delay the matter indefinitely and
* maintain the union of offices against which the statute referred
' to was expressly passed. If they have power to delay a month,
' they have power not to accept the resignation at all, or, in other
' words, altogether to disregard the statute.
' III. Because the statute, as is obvious, alike from its including
' Ministers of Chapels of Ease, and from its leaving no alternative
' in case of neglect but to serve a libel on the party, makes the
' resignation final and absolute, without reference to the parish-
' ioners, and holds it as constituting, in itself, the dissolution of
' the pastoral tie. The office of the Presbytery is simply minis-
' terial, their duty being to accept the resignation and declare
' the parish vacant; nor, in the case complained of, can the delay
' be ascribed to any regard for the sacredness of the pastoral re-
' lation and the interest of the parishioners of Currie, for they are
' not cited to appear; no document, whether from them or the
' University, is called for, there is no reason assigned why the
' Presbytery are to be more able to determine the matter at next
' meeting than last.
' IV. Because, whilst the delay does not answer any one pur-
' pose for the spiritual good of the parish, it necessanly affords
' occasion to a question of civil rights, which the Presbytery
' would have done well to avoid. The whole object of the delay
' seems to resolve itself into this, that the resignation not being
' accepted till the twenty-ninth day of September, Dr Barclay
' may not only receive the income of the Principal of the Univer-
' sity of Glasgow, but at the same time be entitled to draw the
' full year's stipend of the parish of Currie, the half of which
' would otherwise have belonged to the Widow's Fund.
' For these reasons, we protest that we shall not be held re-
' sponsible, either for the violation of ecclesiastical law, or the
' civil consequences that may be involved in this matter; and we
' complain to the Synod, that it may be found and declared that
' Doctor Barclajr's resignation, at the meeting of Presbytery on
' the 25th August, did then and there take effect; that the Pres-
' bytery have no power to restore the charge which was then,
8
' in terms of the statute, resigned into their hands, and that the
' parish of Currie was vacant from that date.
(Signed) ' James Magfablake.
' James Vbitch.
' Edinburgh, 1st September 1858/
"Bhe following Committee were appointed to answer the above
Reasons, viz., Dr Smith, Dr R. Lee, Mr Smith, and Mr Masson;
whereof Dr Smith to be Convener.
Extracted. on this and the five preceding pages from the
Records of the Presbytery of Edinburgh by
(Signed) Henbt Duff, Clk. Presb. of Edin.
At Edifihwrgh, and vnthin the Presbytery Hall there,
the 27th day of October ] 858 years.
The which day the Presbytery of Edinburgh met, and was
duly constituted
Inter alia, Dr Smith, Convener of the Committee appointed
at last ordinary meeting to answer Reasons of Dissent^ &c., by
Drs Macfarlane and Veitch, as to Dr Barclay's resignation of
the parochial charge of Currie, read and gave in the following
Answers, viz. : —
I. The Presbytery, in delaying to accept the resignation of
Principal Barclay, did not, in the judgment of your Committee,
contravene the statute referred to.
Your Committee do not dispute the obligation lying upon the
Presbytery to proceed, according to the laws of the Churchy to
dissolve the pastoral tie between the minister of Currie and the
parish, if they shall see cause ; but they hold, that tendering a
resignation to the Presbytery is altogether and essentiaJly differ-
ent from the acceptance of that resignation; that tendering a
resignation is one thing, and accepting it another; and they can
see nothing in the statute to make it appear that giving in a
letter of resignation of a ministerial charge to the Court which
constituted that ministerial relation between the pastor and his
flock, does, ipso facto, dissolve it.
II. Your Committee are of opinion, that if the Church had
considered it imperative upon the Presbytery to accept a resig-
nation as soon as it is tendered, it would have said so; it would
9
neither have left a discretionary power on the Presbytery, nor
would it have omitted the steps to be taken by the Presbjrtery
in such circumstances. But by doing neither, the Church does
not encroach upon that constitutional power with which Pres-
byteries are invested, and the wise discretion imder which they
act.
III. The third reason of Dissent being already answered, your
Committee will only add, that it appears to them at variance
with all ecclesiastical form and practice to hold that a letter of
resignation, in the circumstances referred to, is to be held as
the act of the Court to which that letter was addressed, and to
which the writer of that letter was answerable so long as he
continued minister of Currie.
IV. Your Committee are confidently of opinion that the Pres-
bytery has not violated any law, civil or ecclesiastical, and there-
fore the threat of civil consequences gives them little concern.
They cannot suppose it possible that the Superior Court will de-
clare a vacancy to have taken place on the twenty-fifth of
August, when the resignation was not then accepted by the
Presbytery. They cannot suppose it possible that a vacancy
can be legally held to have taken place a calendar month before
the acceptance of the resignation, and the declaration of that
vacancy by the Court which had constituted the pastoral tie,
and which at the time Vas alone competent to dissolve it.
(Signed) George Smith, Convener.
Wm. Smith.
Robert Lee.
D. Masson.
The Presbytery approved of the above Answers, adopted them
as their answers, and appointed Dr Smith, Dr R Lee, and Mr
Smith, to defend the judgment of the Presbjrtery before the
Synod of Lothian and Tweeddale, indicted to meet at Edinburgh
on Tuesday the second day of November next.
Extracted on this and the ten preceding pages from the
Records of the Presbytery of Edinburgh, by
(Signed) Henry Duff, Glk. Fresh. Edin.
I certify that what is written on this and the eight preceding
c
10
pages, is a true copy of the Extract-Record of the Presbytery of
Edinburgh, produced and read in the Synod of Lothian and
Tweeddale, at their meeting on 2d November 1858, in the Dis-
sent and Complaint by Drs Veitch and Macfarlane against a
judgment of the Presbytery of Edinburgh, of date 25th August
1858, That the resignation by Dr Barclay of the parochial
charge of Currie lie on the table till next ordinary meeting.
(Signed) John Christison, Syn. Glk.
REASONS against a Sentence of the Synod of Lothian and
Tweeddale, of date 2d November 1858, sustaining a Dissent
and Complaint against a Sentence of the Presbytery of
Edinburgh, of date 25th August 1858, That the resignation
by Dr Barclay of the Parochial Charge of Currie do lie on
the table.
We appeal from said sentence to the ensuing meeting of the
General Assembly, to be held at Edinburgh in May 1859,
I. Because the Deliverance of the Synod attaches a meaning
to the Act of the Assembly referred to which it does not war-
rant.
If the resignation of any minister of his parochial charge, in
such cases as the Act refers to, is completed by the reading of
his letter of resignation, and if the Presbytery has no power
to consider and dispose of it, it is thought that the Act would
have declared this explicitly, it would have said that the minis-
terial tie between the minister and his parish was dissolved,
either by the fact of his induction to any chair or office within a
University, or on that day six months after said induction, and
not have left any discretion to the Presbytery whatever. If it
is imperative upon a Presbytery to sustain a resignation in such
cases immediately, the Act would have said so; it would have in-
structed the Presbytery to declare the Church vacant from a
certain date, with a view to prevent the possibility of contraven-
ing or evading the statute by any delay whatever.
II. We hold that the pastoral tie between Principal Barclay
11
and the parishioners of Currie could not, in the circumstances, be
dissolved but by the Court which had formed it, and that the
Presbytery was not under any obligation to receive his resigna-
tion the instant that it was tendered, as is evident from the in-
junction laid upon Presbyteries to libel ministers who do not
comply with the requirements of the Act, which it is plain the
Presbyteiy could not have done if Principal Barclay, by tender-
ing his resignation, had ceased to be a member of the Presbytery
ol Edinburgh, and was no longer amenable to their discipline.
(Signed) George Smith,
George Smith, for and by authority
from Rev. Dr R. Lee.
George Smith, for and by authority
from Rev. Wm. Smith.
Edinburgh, lOth November 1858.
I certify that what is written on this and the preceding page
is a true copy of Reasons of Appeal lodged with me by the Rev.
Dr Smith, 11th November 1858.
John Christison, Syn. Clk.
Sn General ^samblv.
Map 1859.
EXTRACT OF MINUTES
OF
SYNOD OF LOTHIAN AND TWEEDDALE,
m CURRIE CASE.
■r
John Baxter, Printer, Jamee Court, Heed of Xoiud.
I
r
MAY 1859.
PETITION
OP THE
PRESBYTERY OP PERTH
Relative to the AflFairs of St LEONARD'S CHURCH, PERTH.
Unto the Venerable the General Assembly of the Church of Scotland,
the PETITION of the Presbytery of Psrth,
Humbly sheweth^
THAT, at a meeting of the Presbytery of Perth, held on the 27th day of
April, 1859, the Presbytery resolved to refer the whole matter at pre-
sent pending between them and the Endowment Committee, relative to St
Leonard's Church, to the ensuing General Assembly, and also to petition that
reverend Court to take the whole case into their mature and serious con-
sideration, with a view to secure the Stipend of the Minister of St Leonard's
promised under the constitution granted by the General Assembly of 1856 :
That the Presbytery do not mean in any way to imply that the conduct of
the Endowment Committee has not been fair and honourable; but simply that
an unhappy misunderstanding has taken place, greatly affecting for evil the
condition of the chapel and the Church in Perth: That the Presbytery beg
to submit to the Assembly the following statement of facts: —
STATEMENT concerning §t LEONARD'S CHURCH tn re the Pres-
bytery of Perth and the Endowment Committee.
On the ordination of Rev. William Struthers to the chapel of St Leonard's in
1844, several lay friends of the Church signed a bond, guaranteeing to him
the sum of £100 annual stipend.
2
In the close of the year 1853, being desirous of relief from this bond,
these obligants raised among themselves the sum of £1000.
On 5th October, 1853, they oflFered to the Presbytery of Perth this sum
of £1000, on condition that they should be relieved from their bond.
The Presbytery communicated with the Home Mission and Endowment
Committees. These Committees, in the end of October, in a letter from Dr
Simpson, oflFered to give a back bond securing the Presbytery from loss, in
case of their relieving the bond obligants, and this on the following condi-
tions:— 1st, " That the whole debt aflFecting the chapel shall be discharged,
" and the property secured in inalienable connection with the Church of
Scotland;" and 2d, "That the obligants in the bond pay the sum of £1000,
" to be employed in the endowment of St Leonard's Church, Perth."
On the general oflFer made in this letter, the Presbytery, on 2d November,
1853, accepted the oflFer of £1000 from the bond obligants. On November
30, 1853, minutes of the two Committees, of date November 15, 1853 — that
from the Endowment Conmiittee being more minute — ^were laid before the
Presbytery, specifying the terms they were willing to agree to. And here
the Presbytery admit that the Endowment Committee oflFer £50 a-year so
long as Mr Struthers shall remain minister of the chapel, " and no longer."
This was reported by the Committee of Presbytery. No deliverance is given
on this more specific oflFer. The Committee are merely thanked for diligence,
and requested to raise means to defray the debt.
At the same meeting, the agent for the bond obligants intimated that he
had consigned the £1000 in bank in implement of the agreement with the
Presbytery, and protested that his clients held themselves relieved from pay-
ment of stipend from the date of the Presbytery's acceptance of their oflTer.
On December 28, 1853, there arose a diflSculty as to the Presbytery grant-
ing a deed of relief to the obligants ; and, after protracted negotiations, it was
agreed that the £1000 should be lodged in the hands of the Endowment
Committee, who should themselves grant the deed of relief instead of the
Presbytery.
In January, 1854, a second diflSculty aiose as to other claims alleged by
Mr Struthers, and as to the annual burden of feu-duties on the chapel
property. After long negotiations, the Endowment Committee refiised to
undertake either of these burdens, the bond obligants ceased to diemand relief
from the former, and the Presbytery consented to guarantee the payment of
the feu-duties.
3
In May, 1856, the debt being cleared oflF, the Trustees, in whom the
property of the chapel was invested, and who were security for the debt,
executed a trust disposition of the chapel property in favour of the Presbytery
of Perth. This disposition contains a narrative of all the steps that had been
taken, which formed the conditions on which the disposition was granted.
It is there stated, as the agreement between the Presbytery and Endowment
Committee, "that, provided the whole debt aflFecting the chapel was dis-
" charged, and the property thereof secured in inalienable connection with
" the Church of Scotland, the said Conmiittees (Endowment and Home Mis-
" sion), would undertake to provide the whole expense of maintaining ordi-
" nances at said church or chapel in all time coming" (See p. 14 Draft.)
The draft of this disposition was sent to Edinburgh for revision by the two
Committees, and contains marks of revision in the handwriting of the Secre-
tary of both Committees.
In May, 1856, also, an amended constitution for the chapel of St Leonard'^
was obtained from the General Assembly. The Presbytery, though they had
trusty commissioners present there, yet put their part of the business into
the hands of the Secretary of the Endowment Committee, in order that all
parties should be satisfied. By him the petition to the Assembly for the
specified alterations was drawn out. The only alterations proposed were in
three clauses of the constitution, — ^the first and second with reference to the
election of managers, rendered necessary by the conveyance of the property,
and the third with reference to the bond for minister's stipend, being the very
matter now in dispute. The constitution of the chapel was revised by a
small Committee of the Assembly, with a leading legal member (Mr Cheyne)
of the Endowment Committee, well acquainted with the whole transaction, at
its head. The Secretary of the Endowment Committee attended the dehbera-
tions of the Revising Committee more than once to give explanations ; and at
length the amended constitution was passed by the General Assembly. It
contains the following clause: — "The bond for the stipend to any future
" minister appointed to the chapel, while it remains unendowed, and not
" erected into a parish church, shuU be granted by the managers (fua mana-
" gers, and not as individuals ; and they shall be entitled and bound to apply
" towards payment of such stipend the annual payment of £60, receivable
^ from the Endowmefnt Committee^ as the interest of the capital sum paid over
" to them, and any grant or allowance that may be made by the Home Mission
" Committee, as well as the revenue referred to in Article IV." The amended f
4
portions of the constitution were transmitted to the bond obligants in Perth
in June 1856, in the same letter and by the same hand which brought them
the draft' bond of annuity from the Endowment Committee.
At length, in January, 1857, the bond of annuity was signed by the
Endowment Committee, the £1000 were paid over into their hands, and th^
long-pending agreement was closed.
In June, 1857, the Rev. Mr Struthers was translated from Perth.
In June, 1858, in reply to an application from the agent of the managers
of St Leonard's, a formal refiisal was given to the request for the annual
payment of £50, on the ground that the obligation of the Endowment Com-
mittee ceased with the incumbency of Mr Struthers.
From that date to the present, fruitless negociations between the Presby-
tery and the Committee have been proceeding. After various reftisals had
been given, an oflFer was made by the Endowment Committee, which it was
impossible for the Presbytery to accept. At length, in the month of March,
1859, the Presbytery oflFered to refer the case to three neutral parties; but
the Committee refused the reference, on the ground that there was no case
for arbitration.
Such is a brief statement of facts in this protracted and painful question.
And the petitioners call the attention of the General Assembly to the follow-
ing points : —
1. They feel that the case is not without its serious difficulties. The letter
from Dr Simpson, dated 22d October, 1853, merely oflFers, in general terms,
to relieve the obligants under the bond to Mr Struthers, in a clause already
quoted; and the Endowment Committee minute of November 15, 1853, specifies
that the payments by the Committee shall continue " no longer'^ than his in-
cumbency. This stipulation, however, as appears from the minutes, was never
accepted by the Presbytery; and, moreover, the terms then proposed had
reference to a draft deed of relief, which the Presbytery afterwards refused
altogether to execute.
2. There is no minute of Presbytery committing them to the view that
the payment should be made only during Mr Struthers' incumbency.
3. The agreement was not completed till the month of January, 1857;
and the only formal dociunents, in addition to the minutes specifying the
various items of that agreement, are the trust disposition of the property, in
favour of the Presbytery, the amended constitution of the chapel, and the bond
5
of relief and assignation, in favour of the stipend obligants. The last of these
was between the Endowment Committee and the obligants alone» being meant
simply to relieve the latter from their obligation. From, its very nature, it
could only give relief during the term for which the obligants had been bound
— ^that is, during the incumbency of Mr Struthers. And it is therefore no
argument against the Presbytery's view, that this deed is confined to the one
incumbency. The two other formal documents referred to were sent to
Edinburgh, to the Secretary of the Endowment and Home Mission Committees,
just that they might not interfere with the proper claims of either. In the
charge made for revising the trust disposition by the Secretary, the following
note is added : — " This revision, apart from its expediency in the usual case,
was essential to the requirements both of the Home Mission and Endow-
ment Committees, in reference to the negotiations with them." Both these
documents — ^the trust disposition and the amended constitution — are undeni-
ably in fstvour of the Presbytery's view. The former states that " the said
« Committees undertake to provide the whole expense of maintaining ordi-
" nances at said church or chapel in all time coming.'' (See draft of
disposition, revised by the Committee's Secretary, p. 14.) The constitution
enacts that, " while the chapel remains unendowed, and not erected into a
parish church," the managers shall be entitled <md bound to apply towards
payment of mch stipend the annual payment of £50, receivable from the
Endofurmmt Committee as the interest of the capital sum paid over to them/'
(See Art. ix. of Constitution, drawn up by Mr Marshall, and revised by Mr
Cheyne.)
4. It has been pleaded by the Endowment Committee that they are not
bound by the amended constitution, inasmuch as it was granted without their
knowledge, and " long after the terms of the transaction were finally arranged
" and closed." (Min., 26th August, 1858.) The former of these statements
is sufficiently answered by what has just been said ; and, in reply to the latter,
it may be added, that the terms of the transaction did not close tUl the debt
was paid oflF by the Presbytery, till the chapel property was vested in them
as trustees, and till the £1000 were lodged in the hands of the Committee.
The former of these was completed in May, 1856; and the latter only in
January, 1857; while the constitution was granted on 2d June, 1856.
5. The friends of the church in Perth have paid in all for the stipend of
St Leonard's, since 1846, the sum of £1662; and since these negotiations
began, the Presbytery have cleared off £394 of debt affecting said church.
6
6. The whole stipend paid to the incumbent last year, as already reported
to the Home Mission Committee, was £74, from which he had to support
himself and family.
7. The Endowment Committee have now in their possession the sum paid
to them by the bond obligants in January, 1857; and the interest of that
sum they claim must be allowed to accumulate, while it is believed the Pres-
bytery would accept that interest in full payment of the Committee's obliga-
tion. The question, therefore, seems to lie between the (iccumulation of £60
a-year for the future endounnent of St LeonarcPsj and its present payment
towards the maintenance of ordinances in said chapel, in accordance with ,
obligation, and towards the stipend of a minister whose income otherwise is
under £80, and who was inducted on the faith of this payment.
8. The Presbytery and the friends of the church in Perth having already
raised so much for behoof of St Leonard's Chapel, and the former having
raised lately for the Endowment Scheme according to the willingness of their
people, cannot undertake to raise any considerable sum at present in addition
for St Leonard's Church.
9. It is possible that, should the General Assembly support the Endow-
ment Committee in their refusal to pay their proportion of stipend, or should
the Home Mission Committee withdraw their grant of £50 a-year, the present
incumbent may be driven from his post, the congregation scattered, and the
doors of the chapel shut. Such an event your petitioners will deeply regret ;
but they believe that the responsibility of so unhappy a result will not lie
with them.
May it therefore please your venerable House to take the case into your
serious consideration, and pronounce such judgment therein as
shall do justice to all parties in the cause, and best promote the
interests of the Church and kingdom of Christ in the city and
neighbourhood of Perth.
And your petitioners shall ever pray.
In name and by appointment of the Presbytery of Perth,
(Signed) J. ELDER CUMMING.
JOHN WILSON.
W. MAURY.
7
EXTRACT MINUTES of the Presbytery of Perth referred to in foregoing
Statement.
At Perth, the 30th day of March, 1859, which day the Presbytery of
Perth met and was constituted. Sederunt^ the Rev. Ed. Robertson,
' Moderator, Mr Liston, Dr Buchanan, &c. Inter alioy
The Presbytery learn, with deep regret, that Dr Robertson declines to
meet them again in conference on the subject of St Leonard's Ohapel; and,
in order to leave no means of effecting an amicable settlement with the
Endowment Committee untried, they hereby offer to refer the whole case to
the arbitration of three neutral parties,— one to be named by them, one by
the Endowment Committee, and the third by the two arbiters so named.
They also express their willingness to do what they can immediately to raise
funds for the endowment of the chapeL Further, they direct their Clerk to
send an extract of this resolution to the Endowment Committee, with a
request for a speedy reply.
The sederunt was closed with prayer.
Extracted from the Minutes of Presbytery, by
JOHN WILSON, P. a
At Perth, the 27th day of April, 1859, which day the Presbytery of
Perth met and was constituted. Sederunty the Rev. Ed. Robertson,
Moderator, Messrs Liston, Murdoch, &c. Inter alia^
The Clerk intimated that, as instructed, he had transmitted to the IBndow-
ment Committee an extract of the Resolution come to at last meeting, relative
to St Leonard's Church, and had received in reply an excerpt Minute of a
meeting of said Committee, of date the 9th day of April current^ at which
meeting the Committee had unanimously resolved to decline the reference to
arbitration proposed by the Presbytery, and to adhere, in all respects, to their
minute of date the 29th of January last.
There was also laid before the Presbytery a petition from the Rev. John
F. Thomson, minister of St Leonard's, praying the Presbytery to take the
necessary steps to secure pajrment of the £50 a-year due to him from the
Endowment Committee, in terms of the constitution.
Which having been read, Mr Cimmiing, after a clear and comprehensive
statement of the various proceedings which had taken place in regard to this
matter, submitted the following motion : —
2
twnmal pavmetU ^ £S9, rteeinilg fnm tfa RiifcwiMi fli— wiffjj, as tke
mieresi of the aipited mmm pmi mur Iv A^''
The Petitioiier haa leoETcd Ae snmial gnfe ftom tibe Home Ifiasion,
but has received no monej firem the Endowment Conmnttee.
The Petitioiier haa applied fcr lefief to tile IVedijUgj of Perth ; bat they
haEve £uled to obCam satislMtioii in die waOetj sad haTe leaohred to bring up
Ae sabject to your venerable Houae hj w%j ctf Petition and Reference.
As the Petitioner ia moat deeply inUsiuabsd in the iasae, he has been
adviaed thus to approadi your venoraUe Hooae by way of PetitiMi, craving
diat justice from thar hands whidi^ he doubts not» they win be ready to
extend to him.
The Petitions respectfully i^m to the printed statement by the Pres-
bytery of Perth for a more minute detail of particulars.
The Petitioner has only to add^ that he waa no party to any preliminary
steps between the Presbytery and the Endowment Committee. He had only
to look to, and be guided by, the aHnjdeted deeda id conveyance and consti-
tution. By these he found he was guaranteed £50 as the interest of £1000
impledged in the hands of the Endowment Committee. He understands that
it is sound law, as well as good sense, that a0 eonrtqHmdemee ami cimnmmnca-
lima J previoui to the maimg <f a JSnal cr Jmmal deedj eammot he to much
locked at, to modify or expkum the eseprtu and dear terms efthe eoeemmt con-
tained in the concluded deed.
The Petitioner would especially and reqiectfolly call the attention of your
venerable House to the &ct that the General Assembly were so far consent^
if not parties, to both deeds; and that, eqiecially, by thdr own deed of con-
stitution in 1856, they pledged themselves to the Petitioner or future incum-
bent of the church for the annual payment of £50 from the Endowment
Committee. It is therefore more to the justice than to the benevolence of
your venerable House that the Petitioner feds himself entitled to appeal.
In conclusion, the Petitioner may be permitted to suggest, for the con-
sideration of your venerable House, whether the interests of the great
scheme of endowment, so energetically and successfully worked by the
reverend Convener of its Committee, may not be much more and permanently
injured in the district of Perth, by withdrawing implement of the solemn
pledge contained in the above-mentioned documents, than it would be bene-
fited by any financial advantages through the slow increase of capital, by the
addition thereto of annual interest on the £1000 impledged with the Endow-
ment Committee.
J
MAY 1859.
CASE OF INNOVATIONS
IN
PUBLIC WORSHIP.
EXTRACT FROM MINUTES
OF
THE SYNOD OF LOTHIAN AND TWEEDDALE,
RBLATTVE TO
PUBLIC WORSHIP AS CONDUCTED BY EEV. DR. ROBERT LEE,
IN OLD GREYFRLA.RS' CHURCH, EDINBURGH;
WITH APPENDIX,
REPORT OF THE COMMITTEE OF THE PRESBYTERY OP
EDINBURGH,
OK
THE MODE AND ORDER OP PUBLIC WORSHIP IN OLD
GREYFRIARS' CHURCH, EDINBURGH.
Fatom k JtncBlB, Priotert, Ediuburgb
MAY 1859.
CASE OF INNOVATIONS
IN
PUBLIC WORSHIP.
EXTRACT FROM MINUTES
OP
THE SYNOD OF LOTHIAN AND TWEEDDALE,
BELATIVB TO
PUBLIC WORSHIP AS CONDUCTED BY EEV. DR. ROBERT LEE,
IN OLD GREYFRIARS' CHURCH, EDINBURGH;
WITH APPENDIX,
REPORT OF THE COMMITTEE OF THE PRESBYTERY OF
EDINBURGH,
OK
THE MODE AND ORDER OF PUBLIC WORSHIP IN OLD
GREYFRLA.RS' CHURCH, EDINBURGH.
Paiom & KiTcaiB, PriDteri, EdioLurgh.
r
1 1
T
f
EXTRACT MINUTES
OF THE
SYNOD OF LOTHIAN AND TWEEDDALE,
IN THE MATTER OP THE
ORDER OF PUBLIC WORSHIP, AS OBSERVED IN
OLD GREYFRIARS' CHURCH, EDINBURGH.
Edwburgh^ May 3, 1859.
Which day the Synod of Lothian and Tweeddale being
met and constituted : —
Ifder alia^ — The Synod took up the Dissent and Complaint by
Dr. Robert Lee and others against a judgment of the Presbytery
of Edinburgh, of date 26th April last, enjoining Dr. Lee to dis-
continue certain innovations introduced into public worship, as
conducted by him in Old Greyfriars' Church, and to conform in
future to the order and form of public worship as established in
the Directory of Public Worship, confirmed by Acts of Assem-
bly, and presently practised in the Church.
Mr. Gray, the Moderator, being a member of the Presbytery
of Edinburgh, Mr. Ingram was called to the chair, and took it
accordingly.
The following papers were produced : —
Presbytery Hall, Dec. 29, 1858.
The Presbytery of Edinburgh met here this day, and
was duly constituted.
Inter alia, — Dr. Balfour gave notice that, as a paper has ap-
peared in a redent number of the Edinburgh Christian Magazine,
m which it is stated that a change has been effected in the mode
of conducting public worship in the Church of Old Greyfriars', he
would, at next ordinary meeting of Presbytery, put a question on
this subject to Dr. Robert Lee, minister of said church.
Extracted, on this page, from the Records of the Presbytery
of Edinburgh, by
Henry Duff, Clk. Presh. Edin.
4
Presbytery Hall, Jan. 26, 1859.
The Presbytery of Edinburgh met here this day, and
was duly constituted.
Inter alia, — Dr. Balfour, in terms of the notice given at last
him the following question : — * Have you not introduced into
' public worship, as conducted by you in Old Greyfriars' Church,
' an order of divine service, together with the use of a liturgy
* or form of public devotions, and certain forms and postures in
' devotional exercises unknown to this Church,, and mconsistent
' with the rules and practice thereof?'
After discussion, the Moderator, with the consent of the Pres-
bytery, then put Dr. Balfour's question to Dr. Lee.
Dr. Lee intimated that he would be prepared to answer Dr.
Balfour's question at next ordinary meeting.
Extracted, on this and the preceding page, from the Records
of the Presbytery of Edinburgh, by
Henry Duff, Clk. Pre^h. Edin.
Presbytery Hall, Feb. 23, 1859.
The Presbytery of Edinburgh met here this day, and
was duly constituted.
Inter alia, — Dr Balfour laid on the table copy of a book enti-
tuled, ' Prayers for Public Worship, with Extracts from the
* Psalter/ by Robert Lee, D.D.
Dr. R. Lee, in reference to his statement at last ordinary
meeting of Presbytery, * That he would, at this meeting, answer
' the question then put to him through the Moderator,' and the
question being again read over by the Moderator, viz. : — ^ Have
* you not introduced into public worship, as conducted by you in
* Old Greyfriars' Church, an order of divine service, together with
* the use of a liturgy or form of public devotions, and certain
* forms and postures in devotional exercises unknown to this
* Church, and inconsistent with the rules and practice thereof?' —
Answered in the negative.
moved and seconded, That the Presbytery, having heard Dr. Lee's
Dr. Lee was then heard i
ilanation. Thereafter it was
5
answer and explanation, find it nnnecessary, m hoc statu^ to pro-
ceed further in the case. It was also moved and seconded, That,
having heard J)r. Lee in answer to the question put to him, and
not being satisfied with the explanation which accompanied his
answer, the Presbytery appoint a Committee of their number to
inquire more fully into the facts of the case in connexion with
the question put to Dr. Lee, with instructions to confer with
him and his Kirk-session, and to report on the book laid on the
table, in so far as Dr. Lee may admit it to be an exponent of the
mode in which public worship is conducted in his church.
It was agreed that the state of the vote should be Jirst or second
motion. The roll being called and votes marked, it carried second
motion, by a majority of twenty-one to fourteen. Wherefore
the Presbytery resolved in terms of the second motion, and ap-
pointed the following Committee in terms thereof — ^namely. Dr.
Macfarlane, Dr. Balfour, Dr. Grant, Dr. Muir, Dr. Veitch, Dr.
Crawford, Dr. Fowler, Dr. Nisbet, Mr. Gray, Mr. Langwill, and
Mr. Smith, Ministers; Mr. Cassels, Mr. Phin, and Mr. Hill,
Elders, — ^whereof. Dr. Macfarlane to be Convener,
Extracted, on this and the three preceding pages, from the
Records of the Presbytery of Edinburgh, by
Hbnbt Duff, CWj. Presb. JSdin.
Preshytery HaU, March 30, 1859.
The Presbytery of Edinburgh met here this day, and was
duly constituted.
Inter cdia^ — The Presbytery agreed to meet in the Presbytery
Hall on Friday the 8th April next, at Eleven o'clock a.m., to re-
ceive Report of the Committee appointed on 23d February last,
to inquire into the facts of the case in connexion with the ques-
tion put to Dr. R Lee at that sedenmt ; to confer with him and
his Kirk-session ; and to report on the book entituled ' Prayers
* for Public Worship,' &c., by R. Lee, D.D., in so far as he may
admit it to be an exponent of the mode in which public worship
ifi conducted in Old Greyfriars' Church.
Extracted, on this and the preceding page, from the Records
of the Presbytery of Edinburgh, by
Henbt Duff, Clk. Presh. Edin.
B
6
Preshftery Hall, AprU 8, 1859,
Eleven o'clock a*m.
The Presbytery of Edinburgh met here this day, agreeably
to their resolution of 30th March last, and was duly
constituted.
The minute appointing the meeting was read.
Dr. Macfarlane, Convener of the case of Old Greyfriars'
Church, read and gave in the Report which accompanies this
paper, and is hereto appended.
It was moved and seconded, That the Presbytery receive the
Report now read, order it to lie upon the table till Tuesday the
26th instant, at Twelve o'clock noon, and further order that, in
the meantime, the Report be printed and circulated by the Com-
mittee,— to which day the Presbytery adjourns for consideratiQB
of said Report. It was also moved and seconded. That, having
received the Report of the Committee appointed to confer with
Dr. R. Lee, find that it is inexpedient to proceed further in this
case. It was agreed that the state of the vote should be first or
second motion. The roll being called and votes marked, it carried
fi/rst motion, by a majority of fifteen to nine. Wherefore the
Presbytery resolved in terms of the first motion.
From this judgment Dr. Bryce dissented, and protested for
leave to complain to the ensuing Synod, promising to give in
reasons in due time, took instruments in the Clerk's hanc^, and
craved extracts, which were granted.
Dr. R. Lee protested, for himself and all others who might ad-
here to him, that he would not be held liable in any expenses in-
curred in printing the Report. To this protest, Mr. W. Smith,
Mr. Duff, and Dr. Arnot, adhered.
The Clerk was ordered peremptorily to enjoin the attendance
of members at the meeting on the 26tn instant.
Extracted, on this and the twenty-eight preceding pages,
from the Records of the Presbytery of Edinburgh, by
Hknrt Duff, Clk. Fresh. Hdtn.
Presbytery Hall, April 26, 1859.
The Presbytery of Edinburgh met here this day, agreeably
to their resolution of 8th April last, and was duly
constituted.
The minute appointing the meeting was read.
9
Synod dismiss the Dissent and Complaint, and affirm the sentence
of the Presbytery.
Another motion was made and seconded, That the Synod find
that the form of public worship in the Greyfriars' Church is, in
some important steps, not authorised by the Directory, or con-
sistent with the ordinary practice of the Church ; but before is-
suing the injunction complained against, that the Presbytery
ought to have dealt with the minister and Kirk-session of the
Greyfriars', with a view to convince them that this was the case ;
refer the further consideration of the case to the General As-
sembly, in terms of the instructions of the Act ordaining the Di-
rectory; at 'the same time express their deep sense of the great
importance of having such a definite order of public worship en-,
joined by the Assembly, as, reconciling the Directory with exist-
ing practices, may in future prevent all innovations, and secure
substantial uniformity in the Church.
It was a^eed that the state of the vote should be ^rst or
second motion ; and the roll being called, and votes marked, it
carried first motion by twenty-five to eight. Wherefore the
Synod dismissed the Dissent and Complaint, and affirmed the
sentence of the Presbytery.
Parties being called in, judgment was intimated, whereupon
Dr. Lee protested and appealed to the General Assembly, took
instruments in the Clerk's hands, and craved extracts.
Dr. Grant, on the part of the Presbytery of Edinburgh, ac-
quiesced in the judgment, and took instruments.
Messrs. Tait and Muir were appointed to defend the sentence
of the Synod at the bar of the General Assembly.
Extracted, on this and the forty-one preceding pages, by
JOHN CHRISTISON, Synod Clk.
REASONS OF APPEAL, for the Rev. Dr. R. Leb, against a
Deliverance of the Synod of Lothian and Tweeddale, of 3d May
1859, in the matter of Alleged Innovations in Public Worship
as conducted in Old Greyfriars' Church, Edinburgh.
I appeal, in my own name, and in the name of all who may
adhere to me, against a finding of the Synod of Lothian and
Tweeddale, Sd May 1858, affirmmg a finding of the Presbytery of
10
Edinburgh, 26th April 1859, touching alleged innovations in the
public worship of Old Greyfriars' Church, for the following among
other reasons : —
I. Because the postures used by the congregation in the
Church of the Greyfriars' are proper and decent in themselves,
and are not forbidden by any law.
II. Because the order of service observed in said church is that
prescribed by the Directory for Public Worshp.
III. Because there is no law of the Church forbidding the
reading of prayers.
IV. Because the words which the Synod censure as occupying
the place of an absolution are the words of Scripture, and
appropriate to the occasion on which they are used.
V. Because the prayers used in said church are not fragmen-
tary, or deficient in order and unity.
VI. Because the people are entitled to say Amen at the end of
the prayers — ^which practice is decent and proper, and has the
highest sanction.
(Signed) ROBERT LEE, D.D.
DAVID ARNOT, D.D.
Edinburgh, ll^A May 1859.
I hereby certify that what is written on this and the three
preceding pages, is a true copy of Reasons and Protest
against a Judgment of the Synod of Lothian and Tweed-
dale, of date 3d May, lodged with me on the 11th May 1859.
(Signed) JOHN CHRISTISON, Synod Clk.
REASONS OF APPEAL against a Deliverance of the Synod
of Lothian and Tweeddale, in the matter of the Order of Pub-
lic Worship as observed in Old Greyfriars' Church.
I. Because the matter of order in the form of Public Worship
observed within the Old Greyfriars' Church of Scotland, Edin-
11
burgh, was brought before the Presbytery in an incompetent^ un-
precedented^ and unconstitutional manner, unknown to the laws
and practice of this Church — viz., that of one member of Court
being publicly called on by another to plead to a charge of violat-
ing the said laws and practice — and which ought not to have been
entertained by the Presbytery.
II. Because the incompetency lying at the root of this pro-
cedure could not be purged by any subsequent step taken by the
Presbytery, such as that of sending the matter to a Committee,
and this notwithstanding that such a remit was not complained
of, or carried to the superior Church Court.
III. Because the deliverance of the last General Assembly, of
date May 31, 1858, anent innovations in public worship, on which
the proceedings of the Presbytery and Synod are attempted to
be justified, was directed against such changes within congrega-
tions as may be rashly adopted, to the exclusion manifestly, if
not indeed to the sanction, of changes not rashly adopted.
IV. Because, supposing the case brought up to have been
competently raised, no proof was called for or obtained, that the
changes introduced by Dr. Lee had been rashly adopted by him.
V. Because, further, any changes to be proceeded on under the
said deliverance, whether rashly introduced or not, were to be
* represented to the Presbytery,' meaning manifestly thereby, re-
presented in a competent order and constitutional manner, which
rule the dissentients and complainers afRrm has not been observed
by the Presbytery proceeding suo moto to question and inquire.
VI. Because if the Presbytery h6ld itself, in the exercise of its
order of the Directory had been violated by Dr. Lee, the first
step that ought to have been taken , was to have dealt with a
brother under suspicion of a delict according to the form of pro-
cess in such cases provided.
VII. Because the course pursued was neither fair nor cour-
teous towards a member charged in a manner so irregular and
unprecedented with conduct that might subject him to the
undoubted
under a fama that the
12
heaviest censures of the Church ; nor was it in the circumstauces
for edification to bring this matter before the Presbytery in the
summary and inquisitorial manner that has been pursued, and
must, if sanctioned by the General Assembly, so far as to open
up the question upon its merits, establish a precedent that may
greatly disturb the peace and endanger the welfare of the Church
of Scotland.
(Signed) JAMES BRYCE, ]).D.
DAVID ARNOT, D.D
Edinburgh, 7th May 1859.
1 hereby certify that what is written on this and the three
preceding pages, is a true copy of Reasons and Protest
against a Judgment of the Synod of Lothian and Tweed-
dale, of date 3d May, lodged with me on the 11th Mav 1859.
(Signed) JOHN CHRISTISON, Synod ak.
:bly,
REPOKT
OF THK
IITTEE OF THE PRESBYTERY OF EDINBURGH
DE AND ORDER OF PUBLIC WORSHIP IN OLD
GREYFRIARS' CHURCH, EDINBURGH.
THE 8Tn APRIL 1859, AND ORDERED TO BE PRINTED FOR
THE MEMBERS OF COURT, WITH A VIEW TO ITS
CONSIDERATION BY TIIE PRESBYTERY,
ON TUESDAY THE 26tii APRIL,
. AT TWELVE O'CLOCK.
ON TIIE
UEGH,
OBEENOGE,
QLASGOW: PRINTED BT THOM
t * BOM.
heaviest cenj
for edifieatio!
summary axa
must, if saTB4
up the ques*
greatly dist-u
of Scotland.
Edinburgh
I herefa
prco^
agaizi
dale 9
j
I
4
heaviest eeixi
for edificatio
summary oxi
must, if san<
up the ques t
greatly distu
of Scotland.
Edinburgh
I hereb
preo€l
again
dale,-
The book referred to was also laid upon the table^ wherei
the Committee, after due deliberation, agreed unanimousl
invite Dr. Lee to confer with them in the Office of the Sch<
on the 4th day of March next, and instructed the Convene:
cordingly.
At a meeting of Committee of the Presbytery of Edinbu
held within the Office of the Schemes of the Churc!
Number Twenty-two Queen Street, on Friday the Fo
day of March, Eigliteen hundred and fifty-nine.
Present, — the Rev. Drs. Macfarlane (Convener), Muir, G:
Veitch, Crawford, Fowler; the Rev. Messrs. Gray, St
Lang will ; and Messrs. Hill, Cassels, and Phin, Elders.
The Committee met in teims of the remit from the Pre
tery, dated the 23d ult., regarding the mode of conduc
public worship in the Parish Church of Old Greyfriars ;
the Rev. Dr. Lee being also present, the Deliverance of
Presbytery on this subject was read.
The following procedure then took place : —
1 . Dr. Macfarlane. — Will Dr. Lee be so good as state tc
Committee what his usual form and order is in conducting j
lie worship on the forenoon of Sabbath in the Old Grcyfr
Church*
1. Dr, Lee. — The mode of conducting public worsh:
uniform in the forenoon. The Directory prescril
that the service is to begin with calling upon
people to join in worshipping the great name of (
but no words being suggested, I commence by n
ing an appropriate passage of Scripture. Then foil
a prayer. Then the Scriptures are read, general
chapter of the Old Testament, which is also expoui
shortly. Then a ])salm is sung, after which follows
other prayer. Then is read a chapter or some <
siderable portion of the New Testament, which fc
the subject of a lecture. Sometimes another pf
is sung after this, but not uniformly. Then foil
the intercessory prayer, a psalm is sung, and
benediction pronounced.
2. In the afternoon ?
heaviest eeai
for edificaticij
summary ani
must, if san<
up the quest?
greatly distu
of Scotland.
Edinburgb
I hereh
preoel
again
dale,!
9. Docs the portion of Dr. Lee's book cntitulcd Adminis-
tration of the Sacrament of the Lord's Supper " convey a iair
representation of the manner in which that ordinance is ad-
ministered by him ?
9. Dr. Lee. — The ordinance of the Lord's Supper has
never been administered according to the form given
in the book, or in any other than the common form.
10. When any minister or probationer has officiated for Dr.
Lee, has he been asked by him, or was he known to him, to
use the forms of prayer given in his book ?
10. Dr. Lee. — I never required or asked any one to use
the prayers in the book, but I decline answering
whctlicr I know of any one having done so.
11. Has Dr. Lee, on any occasion^ employed any minister or
probationer to read prayers from the desk — he himself lecturing
or preaching on the same occasion from the pulpit?
11. Dr. Lee. — I never employed any one to read
prayers.
12. Has any one read the prayers contained in the book in
your presence when he was conducting divine service ?
12. Dr. Lee. — I decline to answer that question.
13. Is the passage entituled "Invitation" usually introduced
between the passages of Scripture and the first prayer?
13. Dr. I^ee. — I generally use, before the commencement
of the prayer, none but the words of Scripture.
14. In reference to the answer given to Question 7, each of
the prayers is continuous, w^hereas "in the book they an
broken into parts," — does that mean that the passages oT
Scripture between the prayers in the book are omitted f
14. Dr. Lee. — It means that those given in the book|
or other extracts from the Psalms, form parts of tho
prayer.
15. Whether, according to the recommendation expressed i
the printed book of prayer on the Presbytery table, thft
congregation of Old Greyfriars', or any part of it, make the
audible response of "Amen " at the end of each prayer?
15. Dr. Lee. — I believe some do, and I exhort them al
to do so at the end of each of the three prayers.
16. When Dr. Lee is not officiating, does he kneel at prayer,
and stand at singing, in his own Church ?
8
heaviest cea.
for edificati
summary ai
must, if san
up the ques'
greatly dist
6f Scotland.
Edinburgh
I hereto
preo^
agait*
dale, ^
Freaentj—The Rev. Dw. Macfarlane (Convener), Muir,
Fowler, Veitch, Crawford ; the Rev. Messrs. Gray, La
and Smith ; and Mr. Phin, Elder.
The following correspondence was read : —
" 13 Hebiot Row, 9fk Mare
" Deak Sir,— lam directed by the Committee of the I
tery of Edinburgh, appointed to report as to the mode id
public worship is conducted in the Parish Church of Old
friars', to explain that they are of opinion that it will be
to have a conference with the elders of the Kirk-session <
parish ; and the Committee, therefore, request that the
will be good enough to meet them within the Office
Schemes of the Church, 22 Queen Street, on Friday ne
1 1th instant, at 3 o'clock r.M.
I address this to you as the elder at present reprei
the Kirk-session of Old Grcyfriars' in the Presbyter
names of the others not being known to me), in the ho]
you will take the trouble to intimate this to your brother
and that as many of them will attend as may find it com
to do so. I remain. Dear Sir, Yours faithfully, (Signed)
Phix. — Alexander Kamsay, Esq., 2 Darnaway Street."
" Edinburoh, 10th Hare,
" Dear Sir, — I am favoured with yours of yesterday,
compliance with your request, have written to the other
of Old Greyfriars' to be in attendance on the Committee
Presbytery to-morrow at 3. I am. Dear Sir, Yours fait
(Signed) Alex. Ramsay. — John Phin, Esq., 13 Heriot ]
Mr. Ramsay, Dr. Stark, and Mr. Peterkin attended the i
meeting, but stated that they did so as individual elders <
Greyfriars', and not as representing the Kirk-session.
Questions were then put, and answered as follows : —
1. Does the congregation stand at singing and ki
prayers ?
Mr. Ramsay, — IMost of them do.
Dr. Stark concurred in this answer ; but
Mr. Peterkin said he could not tell. lie could not j
as to the kneeling, but as to standing he could sa;
pcared to him that they did generally.
2. When were these practices introduced?
10
heaviest ceai
for edificatio
summary an
must, if san4
up the quest
greatly distu
of Scotland.
Edinburgk
I hereb
preoei
again
dale, i
ledge that the practices were approved of by m:
their general adoption shewed that they had the
tire concurrence of the congregation.
6. To Mr. Ramsay. — How was it known by the congrega
that Dr. Lee approved of these practices ?
J/r. Ramsay. — I have heard Dr. Lee state his appr
of them myself^ and^ like other sentiments held 1
clergyman, to which no secrecy was attached, t
sentiments spread from one person to another,
became generally known.
7. When the Church was under repair, was application n
by any parties connected with the congregation, that acc
modation should be provided by the Town Council for the '
shippers to kneel during divine service ?
Mr. Ramsay. — I made no such application myself,
I know of no one else who did.
Dr. Stark and Mr. Peterkin concur in this answer.
8. Is the book, a copy of which is shewn, used in the Chi
by the congregation in their devotional cxcrcies ?
Mr. Ramsay. — No ; not in so far as I know or bcli<
and for the first time, I observed on Sunday week
strangers in Church, each with a copy of the bool
his hand, and endeavouring, evidently, to find
follow the prayers in the book, but, evidently,
without success ; and except by those two persoi
have never seen the book used by any one what
in the Church.
Dr. Stark agreed ^vith Mr. Ramsay in every respect,
cept that on that day I only observed one person >
the book.
Mr. Peterkin. — Certainly not, so far as I know.
9. Do you know of any minister or probationer officiating
any time for Dr. Lee, who read the prayers from this boo
conducting the devotional exercises of the congregation ?
Mr. Ramsay. — have no means of knowing whether
one did or no. But I hope the congregation
better employed, during prayer, than endcavouriuj
discover whether the [prayers are oral or read pi-aj
Dr. Stark. — Agrees.
Mr. Peterkin. — I have no means of knowiim.
BLY,
CASE,
FRGH,
GBEENOGE,
heaviest ceni
for edificatio
summary an
must, if sant
up the quest
greatly distu
of Scotland.
Edinburgi
T hereb
preoci
again
dale,:
^7
/
THE GENERAL ASSEMBLY,
MAY, 1859.
CHE KILD ALTON CASE,
18S8-59.
JOHN THOMSON, S.S.C, EDINBURGH,
AKD
ALEXANDEE MACDONALD, WEITEE, GEEENOCK,
AGENTS FOB THE FBESENTEK
GLASGOW: PRINTED BT THOMAS MUBBAY k SON.
INDEX
I.— RECORD,—
Page
I. Extract from Records of the Presbytery of Islay and Jura, 30tli June,
1858, Presentation laid on the Table, 1
IL Extract from Records of the Presbytery of lalay and Jura, 22d July,
1858, sustaining Presentation, 2
UL Extract from Records of Presbytery of Islay and Jora^ 24th August, 1858,
Call moderated in, and Objections lodged, 2
[ ; lY. Extract from Records of Presbytery of Islay and Jura, 8th September,
1858, Call returned, relevancy set^ed and proof ordered, ... 6
V. Extract from Records of Presbytery of Islay and Jura, 13th October,
1858, Proof adduced for Objectors, 13
VI. Extract from Records of Presbytery of Islay and Jura, 14th October, 1858,
Proof adduced for Objectors, 14
VIL Extract from Records of Presbytery of Islay and Jura, 2l8t October, 1858,
Proof adduced for Objectors, - - - . - - - - 14
Vni. Extract from Records of Presbytery of Islay and Jura, 23d November,
1858, 14
IX. Extract from Records of the Presbytery of Islay and Jura, 24th November,
1858, 15
X. Extract from Records of the Presbytery of Islay and Jura, 25th November,
1858, Proof adduced for Objectors, 15
XI. Extract from Records of Presbytery of Islay and Jura, 26th November,
1858, Proof adduced for Objectors, t6
XIL Extract from Records of the Presbytery of Islay and Jura, 26th November,
1858, Proof adduced for Objectors, 16
Xm. Extract from Records of the Presbytery of Islay and Jura, 29th November,
1858, - 16
XIY. Extract from Records of the Presbytery of Islay and Jura, 29th November,
1858, Proof adduced for Objectors, 17
XV. Extract from Records of the Presbytery of Islay and Jura, 30th November,
1858, Proof adduced for Objectors, 17 i§
XVL Extract from Records of the Presbytery of Islay and Jura, Ist December,
1858, Proof adduced for Objectors, 17
XVTL Extract from Records of Presbytery of Islay and Jura, Ist December, 1858,
Proof adduced for Objectors, 18
XVnL Extract from Records of Presbytery of Islay and Jura, 18th January, 1859,
Proof adduced for Objectors, 18
XrX. Extract from Records of the Presbytery of Islay and Jura, 19th January,
1859, Proof adduced for Objectors, 18
iv
INDEX.
Page
XX. Extract from Records of the Presbytery of Islay and Jara^ 19th January,
1859, Proof adduced for Objectors, 19
XXL Extract from Records of Presbytery of Islay and Jura, 20th January, 1859,
Proof adduced for Objectors, 19
XXII. Extract from Records of the Presbytery of Islay and Jura, 2l8t January,
1859, Proof adduced for Objectors, 19
XXIII. Extract from Records of the Presbytery of Islay and Jura, 24th January,
1859, Proof adduced for Objectors, - - 20
XXIV. Extract from Records of the Presbytery of Islay and Jura^ 25th January,
1859, Proof adduced for Objectors, 20
XXV. Extract from Records of the Presbytery of Islay and Jura, 25th January,
1859, Proof adduced for Objectors, 21
XXVI. Extract from Records of the Presbytery of Islay and Jura, 26th January,
1859, Proof adduced for Objectors, 21
XXVII. Extract from Records of the Presbytery of Islay and Jura» 26th January,
1859, Objectors' Motion to have Trial Discourses of Presentee read
deferred, .-21
XXVIII. Extract from Records of the Presbytery of Islay and Jura, 27th January,
1 859, Objectors declare their Proof Closed, 22
XXIX. Extract from Records of the Presbytery of Islay and Jura, 23d February,
1859, Interim Report on Analysb of Call given in and Objections thereto, 22
XXX. Extract from Records of the Presbytery of Islay and Jura, 23d February,
1859, Proof adduced for Presentee, 24
XXXI. Extract from Record^ of the Presbytery of Islay and Jura, 24th February,
1859, Proof adduced for Presentee, 24
XXXn. Extract from Records of the Presbytery of Islay and Jura, 24th February,
1859, Proof adduced for Presentee, 24
XXXIII. Extract from Records of the Presbytery of Islay and Jura, 25th February,
1859, Proof adduced for Presentee, 25
XXXIV. Extract from Records of the Presbytery of Islay and Jura^ 28th February,
1859, Proof adduced for Presentee, 25
XXXV. Extract from Records of the Presbytery of Islay and Jura, 28th February,
1859, Proof adduced for Presentee, 2.0
XXXVI. Extract from Records of the Presbytery of Islay and Jura, 1st March, 1859,
Proof adduced for Presentee, 26
XXXVIL Extract from Records of the Presbytery of Islay and Jura, 1st March, 1859,
Proof adduced for Presentee, 26
XXXVIII. Extract from Records of the Presbytery of Islay and Jura, 2d March, 1859,
Proof adduced for Presentee, 26
XXXIX. Extract from Records of the Presbytery of Islay and Jura, 3d March, 1859,
Proof adduced for Presentee, 27
XL Extract from Records of the Presbytery of Islay and Jura, 3d March,
1859, Proof adduced for Presentee, - - - - - - - 27
XLL Extract from Records of the Presbytery of Islay and Jura, 7th March,
1859, Proof adduced for Presentee, 28
XLIL Extract from Records of the Presbytery of Islay and Jura, 7th March,
1859, Proof adduced for Presentee, 28
INDBX. ▼
Page
XLIIL Eztzact ttom Beoords of the Presbytery of Ulay and Jara, Sth March,
1859, Proof adduced for Presentee, 28
XLiy. Extract from Records of the Presbytery of Islay and Jura, Sth March,
1859, Proof adduced for Presentee, .29
XLY. Extract from Beoords of the Presbytery of Islay and Jura, 9th March,
1859, Proof adduced for Presentee, 29
XLVI. Extract from Records of the Presbytery of Islay and Jura, 9th March,
1859, Proof adduced for Presentee, - - - - - - - 29
XLYII. Extract from Records of the Presbytery of IsUy and Jura, 10th March,
1859, Proof adduced for Presentee, and Interim Report on Call Ikid on
the Table, 30
XLVIII. Extracts from Records of the Presbytery of Islay and Jura, 10th March,
1859, Proof adduced for Presentee, 30
XLIX Extract from Records of the Presbytery of Islay and Jura, 22d March,
1859, Objections by Presentee to approval of last Minute of Meeting,
and Proof adduced for Presentee, 31
L. Extract from Records of the Presbytery of Islay and Jura, 22d March,
1859, Proof adduced for Presentee, - - 31
LI. Extract from Records of the Presbytery of Islay and Jura, 23d March,
1859, Proof adduced for Presentee, 32
LII. Extract from Records of the Presbytery of Islay and Jura, 24th March,
1859, 32
Lin. Extract from Records of the Presbytery of Islay and Jura, 24th March,
1859, Proof adduced for Presentee, and certificates in favour of Presentee
produced, -35
LIV, Extract from Records of the Presb3rtery of LJay and Jura, 25th March,
1859, Proof adduced for Presentee, 37
LV. Extract from Records of the Presbytery of Islay and Jura, 28th Man^,
1859, Proof adduced for Presentee, 37
LVL Extauct from Records of the Presbytery of Islay and Jura, 28th March,
1859, Proof adduced for Presentee, 37
LVII. Extract from Records of the Presbytery of Islay and Jura^ 29th March,
1859, Proof adduced for Presentee, 38
IjVIII. Extract from Records of the Presbytery of Islay and Jura, 29th March,
1859, Proof adduced for Presentee, 38
LIX. Extract from Records of the Presbytery of Islay and Jura, 30th March,
1 859, Proof adduced for Presentee, 38
LX Extract from Records of the Presbytery of Islay and Jura, 30th March,
1859, Proof adduced for Presentee, 39
LXL Extract from Records of the Presbytery of Islay and Jura, 3l8t March,
1859, Proof adduced for Presentee, 39
LXII. Extract from Records of the Presbytery of Islay and Jura, 31st March,
1859, Proof adduced for Presentee, 39
LXIII. Extract from Records of the Presbytery of Islay and Jura, 1st April, 1859,
Proof adduced for Presentee, 40
LXIV. Extract from Records of the Presbytery of Islay and Jura, 4th April, 1859,
Proof adduced for Presentee, -40
vi
nn>BX.
Page
LXY. Extract from Records of the Presbytery of Islay and Jura, 4th April, 1859,
Proof adduced for Presentee, - - - - - - - - 41
LXYL Extract from Records of the Presbyteiy of Islay and Jura, 5th April,
1859, Proof adduced for Presentee, 41
LXVIL Extract from Records of the Presbytery of Islay and Jura, 6th April, 1859,
Proof adduced for Presentee, 42
LXVm. Extract from Records of Presbytery of Islay and Jura, 7th April, 1859,
Proof adduced for Presentee, 42
LXTX. Extract from Records of the Presbytery of Islay and Jnra^ 7th April, 1859,
Proof for Presentee concluded, - - - - - - - 42
LXX. Extract from Records of the Presbytery of Islay and Jura, 7th April,
1859, both Parties' Proof concluded, 43
LXXL Extract from Records of the Presbytery of Islay and Jura, 20th April,
1859, containing Judgment of the Presbyteiy, 43
LXXn. Extract from Records of the Presbytery of Islay and Jura, containing
Reasons of Dissent and Complaint by the Reverend Donald Macdonald,
Minister of the Parish of Kilmeny, 45
II.— PROOF,—
L— WITNESSES FOR OBJECTORS,—
0
Campbell, Archibald, Wright, Port-Ellen, 36
0
Graham, Walter, Distiller, Lagavulin, 1
Oraham, Horatia Perry, Lagavulin, 14
H
Hay, Colin, Distiller, residing at Callum Kill, 7
J
Jamieson, Donald, residing in the Qlebe, Kildalton, 40
K
Keith, Janet, or Macdonald, residing at Laphroig, 34
H
Macdonald, Rev. Donald, (Haver,) 40
Macdougall, Duncan, Joiner, Port-Ellen, 35
Macdougall, Dugald, residing at Portantruan, 29
Macdougall, Peter, Cartwright, Port-Ellen, - - - - . 31
Maclean, John, Shoemaker, Tobermory, 24
Mackerrol, James, Postmaster, Port-Ellen, 19
Macpherson, Donald, Fisherman, Tobermory, 6
INDEX.
S
Beid, Peter, Crofter, I^tts, -
S
Stuart, James, Divinity Student, Qlasgow,
II.— WITNESSES FOR PRESENTEE,—
A
Armstrong, Thomas, Shepherd to John Ramsay, Esq. of Kildalton, -
B
Biack, Donald, residing at Salen, ^ -
Black, Neil, Labourer, Port-Ellen,
C
Campbell, Donald, Ploughman, Port-EUen,
D
Dewar, Revd. James, Minister of Oa^ and Moderator of Presbytery, -
P
Fraser, John, Steamboat Porter, Port-EUen,
H
Henderson, James, Esq., Factor for Charles Morrison, Esq., of Islay, -
H
Madntyre, John, Farmer, Ardtalla,
Macgibbon, Andrew, Slater, Port-Ellen,
Macdonald, John, Officer of Inland Revenue, Port-Ellen, -
MacCuaig, Alexander, General Merchant and Farmer, Port-Ellen,
MacCuaig, Duncan, Innkeeper and Farmer, Port-EUen, ...
Do., Do.,
MacCuaig, Miss Jessie, residing in Port-Ellen, ....
Macpherson, Donald, residing in Port-Ellen,
Maccallum, Qeorge, General Merchant in Port-Ellen, ^ - - -
MacCuaig, Miss Flora, residing in Port-EUen,
MacdougaU, James, Teacher at Kintra,
MacdougaU, Duncan, residing at Ardbeg,
Macarthur, Archibald, residing in Port-EUen,
Do., Do., Do.,
Macdonald, Thomas, residing at Avenvoggie,
▼iii
IKBEX.
III.— APPENDIX,—
Page
1. Certificate from the Rev. John MacLeod, D.D., Minister of Morven, - 121
2. Presbyterial Certificate, 121
3. Sermons: —
First Gaelic Sermon, 121
First English Sermon, 124
Second Gaelic Sennon, 128
Second Engtiah Sennon, 131
Third English Sermon, 133
Third Gaelic Sennon, 136
\
I
E E 0 O E D
X— SXTRACT FROM THE BECORDS OF THE FRESBYTEBY OF ISLAY AND JURA.
At BBmoEKDy Jsuly, the thirtieth day of June, one thousand eight hundred and fifty-eight
yeara —
YHddi day and place the Freabyteiy of lalay and Jura being met and constituted. Sederunt —
The Reverend Daniel Macphie, moderator; James Dewar, Ellchoman; James Dewar, Oa;
liachlan Mackenzie, Jura and Colonsay; and Donald Macdonald, Eihneny, derk of
Presbytery.
The minutes of last meetmg being read and approved of, the following minute of the brethren at
Kildalton manse, after the ftmenJ of &eir late brother, was approved of, and ordered to be eugrossed :
At the manse of Kildalton, the fourth day of May, eighteen hundred and fifty-eight years, which day
the following brethren met here after the fanend of their late brother, the Reverend Ardiibald Mac-
lavish, minister of this pariah, who departed this life on the twenty-ninth day of April last, viz., the
Sev. James Dewar, Kilchoman; TAchlan Mackenzie, Jura and Colonsay; James Dewar, Oa; and
Donald Macdonald, Eilmeny; and having chosen the said Lachlan Mackenzie to be moderator
tempore, the meeting was constituted by prayer.
" Mr Dewar, Kilchoman, was appointed to preach in the church here on Sabbath next, and after
divine service to declare the diurch vacant firom the 29th day of April last ; and they instruct the derk
to enter the said Mr Archibald Mactavish's decease in the separate register.
^' The meeting further direct the said Mr James Dewar to intimate the vacancy by letter to the
Patron of the parish; and they appoint the following supplies for the parish, viz., Mr Dewar, Oa, to
preach on the 23d of May current ; Mr Mackenzie, Jura, on the 6th of June ; and Mr Macdonald,
Kilmeny, on the 20th of said month.
" The meeting resolved to record their high esteem of their deceased brother, as a friend, their
Bense of the loss which they have sustained by his death, and to convey to his widow and fiEunily their
deep sympathy with them and the congregation, in this bereavement."
The meeting closed with prayer, and signed Lachlan Mackenzie, moderator P.T.
Mr Dewar, Kilchoman, stated that he had preached at Kildalton on the ninth day of May, as
ordered, and intimated the vacancy immediately thereafter to the Secretary of State for the Home
Department.
The Rev. Mr Dewar, Oa, and also Messrs Macdonald and Mackenzie, stated that they had preached
^ the days appointed.
There was laid on the table of the Presbytery a presentation from the Crown in favour of the
^^eiend Angus Madntyre, minister of the quoad sacra parish of Kinlochspelvie in Mull, to the church
^d parish of Kildalton, but as the necessary relative documents were not produced, tiie Presbytery
^'^^rod said presentation to lie on the table till next meeting; and in the meantime, the derk is
^^ructed to intimate accordingly to the Presentee, and to request of him to forward the necessary
•^c^'Unents to the Presbytery before the next meeting.
As upon Sabbath next Mr Macphie is to assist at Kilchoman, there will be no service at Kildaltoir
^ tihe 11th proximo, on which day Mr Macphie is appointed to preach, and on the following Monday,
^f^ny subsequent day, preside at the meeting of the kirk-session of the parish, to make up a roll <^
^^^^'Unimicants, and to attend to any other business that may come before the session.
The Presbytery adjourned to meet in Bridgend upon Thursday, 22d day of July.
The meeting was closed with prayer.
(Signed) Daniel Maophus, Moderator.
a
2
RECORD.
n.— EXTRACT FROM THE RECORDS OF THE PRBSBTTERT OP ISLAY AND JURA.
At BsiDOBin), the twenty-seoond day of July, one thousand eight hondred and fifty-eight yean —
Which day and place the Presbyteiy of IsUy and Jnra being met and oonstatnted. Sederont —
The Reverend Lachlan Mackenzie of Jura and Oolon»y, moderator, pro icm^pwt; James
Dewar, Oa; James Dewar, Kikhoman; and Donald ]6u^onald, Eilmeny, the Clerk of
Presbytery.
Before entering on business, Mr Macphie, the moderator, arrived and took the chair.
The minutes of last meeting being read and approved o( the Presbyteiy took up the Presentation
to the Church and Parish of KHdalton in favour of the Reverend Angus Madntyre, minister of the
qwxsd sacra Parish of Kinlochspelvie, which was read ; there was also produced his letter of acceptance^
and a certificate of his qualification to Government, whidi Pkesentatum and xdative documents were
read and sustained. The Presbytery, therefore, did, and hereby do sustain the said Presentation and
rehitive documents.
The Presbyteiy appointed the said Mr Madntyre, who was present, to preach in the Parish Church
of Kildalton, upon Sabbath the first day of August, also upon Sabbath the ei^th, and upon Tuesday
the tenth days thereof; and they appoint the following members of Presbytery, viz.: Mr Macphie, the
moderator; Mr Dewar, Kilchoman; and Mr Dewar, (H, a committee to be present, and to receive firom
the said Mr Angus Macintjnrc the manuscript of his sermons delivered that day and the Sabbaths pro-
ceding; and the Presbytery fiirther resolved to meet in the said Church of Kildalton, upon Tuesday the
twenty-fourth day of August, to moderate in a Call in fiivour of the Presentee, and of receiving objec-
tions, if such shall be offered. Mr Macphie, the moderator, to preach on diat occasion. AjQd ^ey
appointed the Revd. Mr Dewar, of Oa, to preach in the Church of Kildalton, on Sabbath the 25th
current, and make intimation of these resolutions.
There was produced and read a communication firom the Synod of Argyle, on the Administration
of Baptism, and also a recommendation of Synod anent contributiog to Supplementary Orphan Fund.
The Presbytery adjourn, to meet at Kildalton on the twenty-fourth day of August.
The meeting was closed with prayer.
(Signed) Daioel Macphis, Moderator.
Extracted upon this and the three preceding pages, at the manse of Kilmeny, Islay, this twenty-
sixth day of April, eighteen hundred and fifty-nine years, by
(Signed) Dokau) Macdonald, Pres. Clk.
m.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Ejldalton Pasish Chxjbch, the twenty-fourth day of August, one thousand ei£^t hundred
and fifty-eight years —
Which day and place the Presbyteiy of Islay and Jura being met and constituted. Sedenml
— ^The Reverend Daniel Macphie, minister of Portnahaven, moderator; James Dewar, Kilr
choman; James Dewar, Oa; lAchlan Mackenzie, Jura and Colonsay; and Donald Mae-
donald, Kilmeny, the Clerk of Presbytery.
The minutes of last meeting being read and approved of, the edict, intimating Mr Angus Macin-
tyre's appointment to preach in the Parish Church of Ealdalton, was returned certified as having been
duly executed.
It was reported by Mr Macphie, and Mr Dewar, Oa^ that the said Mr Angus Madntyre had fulfilled
these appointments, that they had been present as a Committee, appointed by the Ptesbytery, on the
tenth day of August, and had received from Mr Madntyre, at the condusion of the service, the manu-
script of his sermons delivered that day, and on the two Sabbaths preceding, which were ordered to be
dooqueted.
Mr Macphie, the moderator, ascended the pulpit, and preached in Gaelic from Hebrews^ chapter
iiL verse 1; and in English, from 2 Corinthians, chapter iv. verse 5.
At this stage of the buamess, compeared Mr Angus Madnlyze, with Alexander Macdonald^
KBCOBD.
3
Aguu^ Writer in Oreeoodc, as his i^eat sod mandatoiy, who prodaced the following mandate to ap-
jMsr far him at thin^ and all sobaeqaent msstiog^, which mandate was sustained hj the Presbytery:-—
''Pobt-Ellbn, 24th Angost, 1858.
^Alanmdtr Maodonald, Eflqaire, Writer, Oreenock,
^ Sii;— I hereby authorise yon to appear and act for me as mandatory and agent, before the
Bevexend the Presbytery of Islay and Jura, at a meeting of that Keverend Body, to be held this day
in the Parish Ghnrdi of KildaltoD, to moderate in a in my favour to the Church and Parish of
Kildalton aforesaid, and at all subsequent meetings of the said Presbytery, in reUtion to my Presents-
tioD, with the same powers as belong to, Sir, your obedient servant,
(Signed) "Angus MAcnrTYM."
A form of Call and Concurrence was then read by the derk; the Call was thereafter subscribed
Jhj thirteen parishioners, which subscriptions were attested by the moderator.
The Presbytery order the Call to be entrusted to Mr Levack, the Session-Clerk, till next meeting of
Preabytery, in order to afibrd an opportunity to any parishioner disposed to sign it, to do so. Oi -
It was asked by the moderator if any person present intended to object; whereupon the following Q^i,i/v^(^v\A^
objections were given in and subscribed by the following parties: —
Special objections against the settlement of the Beverend Angus Macintyre of Kinlochspelvie, as
minister of the Church and Parish of Kildalton, in the Presbytery of Islay, by the persons hereto sub-
scribers, and others adhering thereto, members of the congregation, or parishionev of said parisL
J^irsiy The said parish, with upwards of three thousand inhabitants, has a considerable and rapidly
increasing proportion, who do not understand Gaelic. The practice has hitherto been to have two
services every Sabbath, the one in English, the other in Gaelic ; but the Objectera are giren to under,
staml thai Uib Pl^eaentee haii laiely if over an Engligh Hervire in his presftnt charge, and that he iajiot
qualified to conduct such service with ensej and to the advantage of that portion of the parishioners
who do not fully understand the Gaelic language — a &ct which has been established by his recent trial
services in the parish.
Sewndy That the I^reeodtee, in his present charge, has a manse and glebe adjacent to the church,
Md the parishioners number about five hundred. That the Presentee passes a great portion of his
tn&e in another paridi, many miles distant, where he has a separate resid^KU^ and thereby has shown
Ids inability to take the spiritnal oversi^ of so important and extensive a parish as Kildalton, wit}i
* population so widely scattered, and therefore requiring a Jtan^ vigorous, and energetic minister,
•wteahHhe Pieooatoo is not
Tliirdy That, as ordered by the Presbytery, the Presentee has officiated on three several days, in
^ parish church of Kildalton j that the Objectors are not satisfied with his manner of conducting
^ Church ^services. The prayers were not offered with any dffgme uif xml^jJJWM tir solemnity. The
; were not edifying ; the subject being, for the most part, unconnected with the texts, and
themselves in no way connected one part to another. That the deliveiy had more tlu>
^^■eeitatioa of the uompesition of another than of eaineHt and dljt^tt appeal 16 thfe Utider^
img and the heait — That the HtifViWB had ev(iry appeai-auce uf behig gut up fui the uccasion,
tilfVinn^ii T»w I'linppw^pfiotii^ TinwnA^iTy >u>^it^ 1kr^^ fltill mom rtbiTiptly bmnjrhti to H rlnfiD and that
^ t'^o of the said days on which the Presentee officiated, he did not, at the commencement of the ser-
"nces, as is enjoined by the Directory of the Church, read any portion of the Holy Scripture.
^ Fourthy That the Presentee does not appear imbued with a charitable or conciliatory spirit ;
aaviag shown this so markedly in the Psalms selected and given out to be sung at the various diets,
more especially the last verses of the One Hundred and Forty-first Psalm, on Sabbath, 1st of August ;
^ One Hundred and Twentieth Psalm, on Sabbath, 8th of .August ; also, the Ninth Psalm in the
of Psalms, which he read on Tuesday, 10th of August, none of these having connection with the
'^''■ioQs subjects of his discourses, but were obviously intended to insult and irritate those who might
M their Christian privilege of judging and expressing their opinions on his ministerial qualifications
sad fitness for the special dtfti^ to which he aspires.
SBOOBD.
Fiftk^ That the PraseaWs proniinciAtioii is at times indistmety so m«eh so, that Biaiij
^jj^^ congregation had great di£Scolty in aacertainiiig either the Psalms or texts he gave ooL
LoMUy^ Thai the Presentee has directly and indirectly used solicitations and nn&ir means to
cure a favourable reception in the parish, and to obtain sabacribefs to his Call, eoatraiy to the hm
the Qiurchy and the j^ress terms of one of the dedacations he is bound to make at Ioa indndion
Name.
Archibald Campbell,
Donald Jamieson,
Walter Graham,
Colin Hay,
<5 Tiniliam Hunter,
James Mackerrol,
Williamina Hunter,
Horatia Perry Oraham,
W. L. Johnstone,
10 Peter Macarthur,
Thomas Scot,
Dugald Johnston,
Alexander Gordon,
Mary Gordon,
15 Janet Scott,
Stewart Fraser,
Anne Mackerrol,
Anne Eliza Hunter,
Dugald Macdougall,
20 John Macmillan,
George Calder,
his
Bobert x Madellan,
mark
Donald Macdougal,
Peter Mackenzie,
25 James Bobertson,
his
Archibald x Macmillan,
mark
Duncan Macdougal,
Angus Kennedy,
John MacEachem,
30 Agnes H. Gordon,
Jannet Macdonald,
Gilbert Carmichael,
Ann Carmichael,
his
James x Morrison,
mark
his
35 William x Macmillan,
mark
Duncan Macmillan,
Peter Macdougal,
Ann Jamieson,
Gilbert Macfadyen,
40 John Smith,
DBsicorATioir.
elder,
distiller,
distiller,
distiller,
postmaster.
M.D.,
cooper,
shepherd,
dis^ery.
In. Bev.
baker,
Post-Offioe,
shipowner,
cartwri^t^
innkeeper,
gamekeeper,
diepherd,
stillman,
Wright,
shoemaker,
smith.
miller,
cartwiightp
aailor.
Rbsidencbl
Port-Ellen.
Lagavulin.
Aidenistle.
CallumkilL
Laphroig,C
Port-EUen.
Laphroig.
Liagavulin.
E^nburgh.
PortrEllen.
CallumkilL
Li^hroig.
LagavuluL
Lagavulin.
CallumkilL
Port-EUen.
Port-Ellen.
Laphroig.
Port-Intruan.
Port-EUen.
Port-EUen.
Lagavulin.
Port-EUen.
Ure Cottage.
Comibus.
Lagavulin.
Port-EUen.
Port-EUen.
Lagavulin.
Lagavulin.
Laphroig.
Lagavulin.
Lagavulin.
Lagavulin.
Lagavulin.
Xiagavuhn.
Port-EUen.
XiSgavulin.
Lagavulin.
Lagavulin.
BECORD.
45
S2
Kama. Dssionation.
his
OodfSrey x Livingston, distilleiyman,
mark
Jdm livingston, sailor,
Jbim MaokeRol, sailing-master,
William Mawnlllan, clerk,
lier
Ann X Macniven,
mark
her
Oatherine x lifaclnnes,
mark
her
Ufargaret x Jamieson,
mark
her
'Maiy X MacEachein,
mark
her
liAaiy X Oilchrisfc,
mark
her
Janet x Macdongalli
mark
her
lilly X Macmillan,
mark
her
Ann X Macmillan,
mark
Those signing by mark (X) attested by (Signed)
Bebidknoe.
Lagavulin.
Lagavulin.
W. Frederick.
Lagavulin.
Lagavulin.
Lagavulin.
Lagavulin.
Lagavulin.
Lagavulin.
Lagavulin.
Lagavulin.
Lagavulin.
Daniel Macphib, Modr.
KiLDALTON, 24th Augt, 185&
What is above contained are the objections and signatures of the Objectors, in number fil^-two^^
^ the Settlement oi the Bev. Angus Macintyre.
(Signed) Daniel Macphib, Moderator.
The Presbyteiy agreed to receive the objections, in the meantime, as subscribed by the Objectors,
™ Xitiinber fifty-twa The Presbyteiy reserved to Mr Alexander Macdonald, on the part of tibe Fre-
f^^tee, the ri^t to impugn the same, and the right of the parties whose names are a&ibited thereto
their nameS| as well as the rdevancy of the objections themselves. The Presbytery reserved
^^'^'^•ideration of the objections till next meeting.
^ The agent for the Presentee craved diligence against witnesses and havers, in support of his
Ejections to these objections, and the names thereto attached, and to enable him to diacuas the
Tresbytery grant the diligence accordingly, and instruct the clerk to issue the necessaiy letters of
?^^^6^ce ; in wUch deliverance the said procurator assented, and craved extiacta of the whole proceed-
^ch were allowed.
The Presbytery adjourned to meet at Bridgend, upon Wednesday, the Sth of September, to con*
^^eir the said objections and relevancy thereo£ — Closed with prayer.
(Signed) Daniel Macphds, Modr.
Extracted upon this and the eleven preceding pages, ficom the minutes of the Presbyteiy of JdlMf
Jura^ at the Manse of Kilmeny, Islay, this the 26th day of August, 1S58 years, by
Donald Macdonald, Clk.
6
SEGORD.
IV.— EXTRACT FROM THE RECORDS OF THE PRESBPTERY OF ISLAY AND JURA.
At Bbidoend, Islay, the eighth day of September, one thousand eight hundred and fifty-eight
years —
Which day and place the Presbyteiy of lalay and Juia being met and constituted. Sedenint —
The Reverend Daniel Macphie, minister of Portnahaven, moderator; James Dewar, Eil-
choman; James Dewar, Oa; Lachlan Mackenzie, Jura and Colonsay; and Donald Mac-
donald, Eilmeny, clerk of Presbytery.
The minutes of last meeting being read, and before they were approved of,
Compeared Hugh Dempster, Esquire, Writer in Greenock, who produced a mandate, signed by
forty-six of those who objected at the former meeting.
Whereupon the procurator for the Presentee, on the names being read over, objected to the man-
date being received or sustained, qumd the following parties whose names do not appear in the Est of
Objectors, viz.: — lolly MacEachem, Ann Maclugas, Janet Macphadean, Mary Johnstone, and Mary
Livingstone, (five names).
Answered on the part of the Objectors, that the parties objected to are married women, and are
identically the same parties as those whose names are entered as foUows in the list of Objectors, viz. : —
liUy Macmillan, Ann Macniven, Janet Macdougal, Mary MacEachem, Mary Gilchrist.
The Presbyteiy, after proof being led, were satisfied with regard to the identity of the foresaid
parties; they sustained the following mandate: —
"KiLDALTON, 7th September, 1858.
"To Hugh Dempster, Esquire, Writer, Greenock,
'^Sir, — ^We, the undersigned parishioners and members of the congregation of the Parish Church of
Kildalton, do hereby authorize you as our agent, to appear before the Presbytery of Islay and Jura, or
other competent judicatories, and state and support our objections to the settlement of the Reverend
Angus Macintyre, the Presentee to the said church and parish as minister thereof, and to take all such
£teps as you may consider necessary to prevent any such settlement taking place.
"We remain,
'Sir,
"Your obedient Servants,
(Signed) " Walter Graham.
William Hunter.
Peter Mackenzie.
Colin Hay.
Gilbert CarmichaeL
Duncan Macmillan.
Robert Madellan, his X mark.
Horatia Peny Graham.
Ann Jamieson.
Archy. Macmillan, his X mark.
Ann Macmillan, her X mark
William MacmHlan, his X mark.
Lilly MacEachem, her X mark.
Alexander Gordon.
Mary Gordon.
Cathren Maclnnis, her X mark.
Donald Jamieson, elder.
Margaret Jamieson, her X mark
Ann Madugish, her X mark.
James Robertson.
Anne Carmichael.
Williamina Hunter.
Anne Eliza Hunter.
Jannet Macdonald.
(Signed) William Macmillan, Witness.
William Macmillan, Witness.
WiUiam Macmillan, Witness.
William Macmillan, Witness.
William Macmillan, Witness.
William Macmillan, Witness.
William Macmillan, Witness.
Williiim Macmillan, Witness.
SEOOBD.
T^^lliam Macmillan, Witness.
William Macmillan, Witness.
William MacmiUan^ Witness.
William Macmillan, Witness.
Dngald Johnstone.
Agnes H. Gk>rdon.
Dngald MacdongalL
John MacEachern.
Janet Macfadean, her X marie
Mary Johnstone or MacEachern.
John Smith.
Godfrey Livingstone, his X mark.
Mary Livingstone, her X mark.
John Livingstone.
Gilbert Macfadyen^
James Monson, his X mark.
George Calder.
William Macmillan.
Thomas Scott
Angus Kennedy.
Donald MacdougaL
Archd. Campbell, elder.
Stewart Fraser.
Peter Macarthor.
Duncan MacdougaL
46 Peter MacdougaL"
Tbe Presbytery approved of their last minute, against which approval, in so far as it allows to the
Presentee a proof of any objection to the title of the Objectors to insist upon the same, the Objectors
protest and appeal to the ensuing General Assembly, for reasons to be given in in due time, took in-
struments in the clerk's hands, and craved extracts, which were allowed.
At this stage, the procurator for the Presentee objected to any other parties, except those whose
luimes appeared to be subscribed to the mandate produced, being considered as Objectors in this case,
craved the Presbytery to delete the names of such parties accordingly.
The procurator for the Objectors objected to the relevancy of this craving and to the competency
of the motion, in respect that the Presbytery are bound, under the Act, to proceed to consider and
^ispoQe of the objections, irrespective of the mandate referred to, and they are not at liberty to
^^nnge the names of any one of the Objectors, but must preserve the objections in their integrity.
Answered for the Presentee — The only parties before the Court are the Presentee and those
PciBons whose names appear at the mandate produced. There is no appearance by the other
Objectors, although duly warned to attend. They must, therefore, be consider^ as having fallen from
their objections, and the Presentee has simply craved a finding to that effect.
^ The Presbytery having considered the objections and answers, sustain the objection and refuse the
ii^otion and craving of the Presentee's agent
Against which finding the agent for th^ Presentee protested and appealed to the ensuing meeting
^ the General Assembly, took instruments, and craved extracts, which were allowed.
The communion roll being called for, a roll of communicants was produced, dated 12th day of
1858, consisting of one hundred and fifty-nine in number, which, of consent of parties, the
"eabytery held to be correct.
The Call being called for, Mr Levack, the acting session-derk, returned the same, with twenty-
additional names signed personally, and two hundred and ninety signed per mandates, which 290
^'^^mes were written to the Call by the mandatories, in the presence of the said Mr Levack ; which
^'^^dates were also produced, and of which Call, and the signatures thereto attached, the tenor
loUows, viz. : —
I' We, heritors, elders, members of the congregation of Kildalton, and parishioners of the pariah
^^Kildalton, being Protestants, desirous of promoting the glory of God and the good of his Church,
°J^Qig destitute of a fixed pastor, and being satisfied by good information and our own experience, of
we xnimsterial abilities and suitableness to our capacities, of the gifts of you, Mr Angus Macintyre,
We agreed to invite, as we do hereby invite and Cs^ you to undertake the office of pastor among us,
P^ttnising you all dutiful respect, encouragement, and obedience in the Lord.
8
BEGOm
^In witness whereof we htm sdbaeribed this Call, before the Presbytery of Islay and 3m, on
ihe twenty-foarth day of Angast^ Ei^^teen Hundred and Fifty-eight years.
(Signed) ''Duncan MacCnaig, C.
John Fraser.
Duncan Macintyre, C.
John Maodonald, Inland Beyenue Officer, C
John Macintyre, Ardtala.
Donald Macin^rrey Port-Ellen,
his
James MacCuaig, x per D. Macphie, Modr., C.
mark
Alex. MacCnaig, Port-Ellen/C.
Peter MacCuaig.
Daniel Campbdl, Port-EUen.
Donald Macpherson, da
his
Donald x Leonie, per D. M'F., Modr.
mark
13 Neil Black, Port-EUen, C.
I, Daniel Macphie, moderator, appointed by the Presbytery of Islay and Jura, to preach at the
moderation of a Cidl in favour of Mr Angus Mainntyre, in the Parish of Eildalton, do hereby attest the
subscriptions to the within Call, (being thirteen in number), to be the genuine subscriptions of those
idiose names they purport to be.
(Signed) Danibl Maophie, Moderator.
September 1.
Duncan Macdougall, Ardb^.
John Campbell, do.
Donald Maclellan, do. C.
Duncan Macduffie, do.
Dugald Mactaggart, do.
CoU MacCuaig, do.
Donald Macnab, do.
Archd. Macalister, do.
his
William x MacEwen, J. G. L., Witness, do.
mark
his
Donald x Maclellan, J. G. L, Witness, do.
mark
his
Malcolm x Maclellan, J. O. L., Witness, do.
mark
his
Neil X Macduffie, J. G. L., T^tness, do.
mark
his
Alex. X Eads, J. G. L., Witness, do.
mark
Duncan Darroch, J. G. L., Witness, do.
her
Mary X Darroch, J. G. L., Witness, do.
mark
James Cameron, do.
Malcolm Kennedy's mark x , J. G. L., Witness, do.
his
Archd. X Madergan, J. G. L., Witness, Ardb^.
mark
his
John X Macmillan, J. G. L., Witness, do.
mark
her
Christina X MacCuaig, J. G. L., Witness, da^
mark
his
Peter x Macafier, J. G. L., Witness, do.
mark
Alexr. Darroch, Glen Letts.
John Darroch, do.
Catharine Darroch, do.
Mary Darroch, do., C.
Dougal Currie, do.
Catharine Torrie, do.
Bell iVlacalpine, do.
Mary Sinclair, do., C.
Mary Sinclair, do.
Neil BeU, do.
Margaret Macphadyen, do.
Flora Bell, do.
Flora Macphadyen, do.
Alexr. Jolmston, da
Catharine Johnston, do.
Ann Johnston, do.
Donald Gillies, Machray.
^*'"'^ rSv^^'* do.
do.
do.
^^'^J^S^^^'^'a do.
*^*:^oiA. d<
do.
do.
nafieai ;^ do.
SS^S^do.
iit6^^3;,.do.
JoVvtt'
do.
c.
iaicolmSi^Y.bot».4«--'
do.
C
c
do.
do
do.
^"^vSotyi*'' A^'
JoT[i»*tSiBtyte,d^'
do.
do.
B0T>«**
do.
do.
do.
do.
do.
do.
^®*'\A-Kla»vat'^«'nr
t
^7
/
THE GENERAL ASSEMBLY,
MAT, \m.
THE KILDALTON CASE,
1858-59.
JOHN THOMSON, S.S.C, EDINBURGH,
AMD
ALEXANDEB MACDONALD, WBITEB, GEEENOCK,
AQENTS FOR THE FBBBENTBE.
GLASGOW: PBINT&D BT THOMAS MUBBAY 4 SON.
INDEX
I.— RECORD,—
Page
I. Extract from Records of the Presbytery of Islay and Jura, 30th June,
1858, Presentation laid on the Table, - - - - - 1
n. Extract from Records of the Presbytery of Islay and Jura, 22d July,
1858, sustaining Presentation, 2
m Extract from Records of Presbytery of Islay and Jim, 24th August, 1858,
Call moderated in, and Objections lodged, 2
; ' lY. Extract from Records of Presbytery of Islay and Jura, 8th September,
1858, Call returned, relevancy settied and proof ordered, - 6
V. Extract from Records of Presbytery of Islay and Jura, 13th October,
1858, Proof adduced for Objectors, 13
VL Extract from Records of Presbytery of Islay and Jura, 14th October, 1858,
Proof adduced for Objectors, 14
YIL Extract from Records of Presbytery of Islay and Jura, 21st October, 1858,
Proof adduced for Objectors, - - - . - - - - 14
VnL Extract from Records of Presbytery of Islay and Jura, 23d Noyember,
1858, 14
IX. Extract from Records of the Presbytery of Islay and Jura, 24th Noyember,
1858, 15
X. Extract from Records of the Presbytery of Islay and Jura, 25th November,
1858, Proof adduced for Objectors, 15
XI. Extract from Records of Presbytery of Islay and Jura, 26th November,
1858, Proof adduced for Objectors, l6
XII. Extract from Records of the Presbytery of Islay and Jura, 26th November,
1858, Proof adduced for Objectors, 16
Xm. Extract from Records of the Presbytery of Islay and Jura, 29th November,
1858, 16
XIY. Extract frx>m Records of the Presbytery of Islay and Jura, 29th November,
1858, Proof adduced for Objectors, 17
XV. Extract from Records of the Presbytery of Islay and Jura, 30th November,
1858, Proof adduced for Objectors, 17
XVL Extract from Records of the Presbytery of Islay and Jura, Ist December,
1858, Proof adduced for Objectors, 17
XVIL Extract from Records of Presbytery of Islay and Jura, 1st December, 1858,
Proof adduced for Objectors, 18
XVnL Extract from Records of Presbytery of Islay and Jura, 18th January, 1859,
Proof adduced for Objectors, 18
XIX. Extract from Records of the Presbytery of Islay and Jura, 19th January,
1859, Proof adduced for Objectors, 18
iv
INDEX.
Page
XX. Extract from Records of the Presbytery of Islay and Jura, 19th January,
1859, Proof adduced for Objectors, 19
XXL Extract from Records of Presbytery of Islay and Jura, 20th January, 1859,
Proof adduced for Objectors, 19
XXII. Extract from Records of the Presbytery of Islay and Jura, 21st January,
1859, Proof adduced for Objectors, 19
XXIII. Extract from Records of the Presbytery of Islay and Jura, 24th January,
1859, Proof adduced for Objectors, 20
XXIV. Extract from Records of the Presbytery of Islay and Jura, 25th January,
1859, Proof adduced for Objectors, - 20
XXV. Extract from Records of the Presbytery of Islay and Jura, 25th January,
1859, Proof adduced for Objectors, 21
XXVI. Extract from Records of the Presbytery of Islay and Jura, 26th January,
1859, Proof adduced for Objectors, 21
XXVII. Extract from Records of the Presbytery of Islay and Jura, 26th January,
1859, Objectors' Motion to have Trial Discourses of Presentee read
deferred, .-21
XXVIII. Extract from Records of the Presbytery of Islay and Jura, 27th January,
1859, Objectors declare their Proof Closed, 22
XXIX. Extract from Records of the Presbytery of Islay and Jura, 23d February,
1859, Interim Report on Analysis of Call given in and Objections thereto, 22
XXX. Extract from Records of the Presbytery of Islay and Jura, 23d February,
1859, Proof adduced for Presentee, 24
XXXL Extract from Records of the Presbytery of Islay and Jura, 24th February,
1859, Proof adduced for Presentee, 24
XXXII. Extract from Records of the Presbytery of Islay and Jura, 24th February,
1859, Proof adduced for Presentee, 24
XXXIII. Extract from Records of the Presbytery of Islay and Jura, 25th February,
1859, Proof adduced for Presentee, 25
XXXIV. Eictract from Records of the Presbytery of Islay and Jura, 28th February,
1859, Proof adduced for Presentee, 25
XXXV. Extract from Records of the Presbytery of Islay and Jura, 28th February,
1859, Proof adduced for Presentee, 25
XXXVI. Extract from Records of the Presbytery of Islay and Jura, 1st March, 1859,
Proof adduced for Presentee, 26
XXX VIL Extract from Records of the Presbytery of Islay and Jura, 1st March, 1859,
Proof adduced for Presentee, 26
XXXVIII. Extract from Records of the Presbytery of Islay and Jura, 2d March, 1859,
Proof adduced for Presentee, 26
XXXIX. Extract from Records of the Presbytery of Islay and Jura, 3d March, 1859,
Proof adduced for Presentee, 27
XL. Extract from Records of the Presbytery of Islay and Jura, 3d March,
1859, Proof adduced for Presentee, 27
XLL Extract from Records of the Presbytery of Islay and Jura, 7th March,
1859, Proof adduced for Presentee, ------- 28
XLIL Extract from Records of the Presbytery of Islay and Jura, 7th March,
1859, Proof adduced for Presentee, 28
Page
XLni. Extract from Records of the Presbytery of IsUy and Jura, 8tli March,
1859, Proof adduced for Presentee, 28
XLIV. Extract from Records of the Presbytery of Islay and Jura, 8th March,
1859, Proof adduced for Presentee, - ^ . , - - . 29
XLY. Extract from Records of the Presbytery of Islay and Jura, 9th March,
1859, Proof adduced for Presentee, - - ^ - - - . 29
XLVI. Extract from Records of the Presbytery of Iday and Jura, 9th March,
1859, Proof adduced for Presentee, - - - - - - - 29
XLYII. Extract from Records of the Presbytery of Islay and Jura, 10th March,
1859, Proof adduced for Presentee, and Interim Report on Call Ikdd on
the Table, 30
XL VIII. Extracts from Records of the Presbytery of Islay and Jura, lOtii March,
1859, Proof adduced for Presentee, 30
XLIX. Extract from Records of the Presbytery of Islay and Jura, 22d March,
1859, Objections by Presentee to approval of last Minute of Meeting,
and Proof adduced for Presentee, 31
L. Extract from Records of the Presbytery of Islay and Jura, 22d March,
1859, Proof adduced for Presentee, - 31
LI. Extract from Records of the Presbytery of Islay and Jura, 23d March,
1859, Proof adduced for Presentee, 32
LII. Extract from Records of the Presbytery of Islay and Jura, 24th March,
1859, 32
LIII. Extract from Records of the Presbytery of Islay and Jura, 24th March,
1859, Proof adduced for Presentee, and certificates in fiivour of Presentee
produced, 35
LIV. Extract from Records of the Presbytery of Islay and Jura, 25th March,
1859, Proof adduced for Presentee, 37
LV. Extract from Records of the Presbytery of Islay and Jura, 28th Man^,
1859, Proof adduced for Presentee, 37
LVI. Exta^ct from Records of the Presbytery of Islay and Jura, 28lii March,
1859, Proof adduced for Presentee, 37
LVU. Extract from Records of the Presbytery of Islay and Jura^ 29th March,
1859, Proof adduced for Presentee, 38
LVIII. Extract from Records of the Presbytery of Islay and Jura, 29th March,
1859, Proof adduced for Presentee, 38
LIX. Extract from Records of the Presbytery of Islay and Jura, 30th March,
1859, Proof adduced for Presentee, 38
LX. Extract from Records of the Presbytery of Islay and Jura, 30th March,
1859, Proof adduced for Presentee, 39
LXI. Extract from Records of the Presbytery of Islay and Jura, 3l8t March,
1859, Proof adduced for Presentee, 39
LXn. Extract from Records of the Presbytery of Islay and Jura, 3l8t March,
1859, Proof adduced for Presentee, 39
LXIII. Extract from Records of the Presbytery of Islay and Jura, 1st April, 1859,
Proof adduced for Presentee, 40
LXIV. Extract from Records of the Presbytery of Islay and Jura, 4th April, 1859,
Proof adduced for Presentee, 40
vi
Page
LXY. ExtTBct from Becords of the Presbytery of Islay and Jura, 4th Aprils 1859,
Proof adduced for Presentee, - - - 41
LXVI. Extract from Records of the Presbytery of May and Jura, 5th April,
1859, Proof adduced for Presentee, 41
LXYIL Extract from Kecords of the Presbytery of Islay and Jura, 6th April, 1859,
Proof adduced for Presentee, 42
LXVni. Extract from Records of Presbytery of Islay and Jura, 7th April, 1859,
Proof adduced for Presentee, 42
LXIX Extract from Records of the Presbytery of Islay and Jwn^ 7th April^ 1859,
Proof for Presentee concluded, - - - - - - - 42
T.YX. Extract from Records of the Presbytery of Islay and Jura, 7th April,
1859, both Parties' Proof concluded, 43
LXXI. Extract from Records of the Presbytery of Islay and Jura, 20th April,
1859, containing Judgment of the Presbytery, 43
LXXn. Extract from Records of the Presbytery of Islay and Jura, containing
Reasons of Dissent and Complaint by the Reverend Donald Macdonald,
Minister of the Parish of Ealmeny, 45
II.— PROOF,—
I— WITNESSES FOR OBJECTORS,—
0
Campbell, Archibald, Wright, Port-Ellen, 36
0
Graham, Walter, Distiller, Lagavulin, 1
Graham, Horatia Perry, Lagavulin, 14
H
Hay, Colin, Distiller, residing at Galium Kill, 7
J
Jamieson, Donald, residing in the Glebe, Eildalton, 40
X
Keith, Janet, or Macdonald, residing at Laphroig, 34
H
Macdonald, Rev. Donald, (Haver,) 40
Macdougall, Duncan, Joiner, Port-Ellen, 35
Macdougall, Dugald, residing at Portantruan, 29
Macdougall, Peter, Cartwright, Port-EUen, - - - - - 31
Maclean, John, Shoemaker, Tobermory, 24
Mackerrol, James, Postmaster, Port-EUen, 19
Macpherson, Donald, Fisherman, Tobermory, ------ 6
INDEX. vii
R Page
B^d, Peter, Crofter, Lotts, 42
8
Staart, James, Divinity Student, Qlasgow, - 27
IL— WITNESSES FOR PRESENTEE,—
A
Armstrong, Thomas, Shepherd to John Ramsay, Esq. of Kildalton, - - 87
B
Black, Donald, residing at Salen, - - 51
Black, Neil, Labourer, Port-Ellen, 70
C
CampbeD, Donald, Ploughman, Port-EUen, 95
D
Dewar, Revd, James, Minister of Oa, and Moderator of Presbytery, - - 110
P
Eraser, John, Steamboat Porter, Port-EUen, 62
H
Henderson, James, Esq., Factor for Charles Morrison, Esq., of Islay, - - 78
H
Macintyre, John, Farmer, Ardtalla, 45
Macgibbon, Andrew, Slater, Port-EUen, 49
Macdonald, John, Officer of Inland Revenue, Port-EUen, .... 55
MacCuaig, Alexander, Oeneral Merchant and Farmer, Port-EUen, - - 67
MacCuaig, Duncan, Innkeeper and Fanner, Port-EUen, .... 70
Do., Do., 79
MacCuaig, Miss Jessie, residing in Port-EUen, 89
Macpherson, Donald, residing in Port-EUen, 90
MaccaUum, George, General Merchant in Port-EUen, . - - . . 91
MacCuaig, Miss Flora, residing in Port-EUen, 92
MacdougaU, James, Teacher at Kintra, 93
Macdougall, Duncan, residing at Ardbeg, 96
Macarthur, Archibald, residing in Port-EUen, 110
Do., Do., Do., 113
Macdonald, Thomas, residing at Ayenvoggie, 112
IC
BECOBD.
XI.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, and within the F^uiah School-house there, the twenty-sixth day of November,
eighteen hundred and fiffy-eight years —
Which day the Presbytery of Islay and Jura being met and constituted. Sederunt — The Ber.
James Dewar, of Oa, moderator ; Daniel Macphie, Portnahaven ; James Dewar, Xilcho-
man ; Lachlan Mackenae, Jura and Colonsay ; and Donald Macdonald, Eilmeny, Predby-
tery QorL
The minutes of last meeting were read and approved of
Mr Dewar, of Ealchoman, was aj^inted Clerk P.T., in the usual manner, and the oath dc
JiMi admimstered to him.
The Presbytery then proceeded with the Kildalton case, when there appeared for the Presentee
Alexander Maodonald, Esquire, writer, Oreenock, and for the Objectors, Hugh Dempster, Esquire,
writer, Oreenock, and Alan Weir, Esquire, writer. Ore enock.
Mr Colin Hay, Distiller, residing at CaUumkiU, compeared as a witness for the Objectors, his
CEunination was so &r completed and entered in the separate Record.
The Presbytery adjourned to meet here at six o'clock p.m., and the witness was dted, aptid acta,
to appear at that dict---Closed with prayer.
(Signed) Jaaces Dewar, Modr.
XIL— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, and within the Parish School-house there, the twenty^sixth day of November,
eighteen hundred and fifty-eight, six o'clock p.m. —
The Presbytery of Islay and Jura being met and constituted according to a4joumment Sede-
runt— ^Rev. James Dewar of Oa, moderator; Daniel Macphie, Portnahaven; James Dewar,
Kilchoman; Ijachlan Mackenzie, Jura and Colonsay; and Donald Macdonald, Kilmeny,
Presbytery Clerk.
The minutes of last meeting were read and approved ot
The Presbytery proceeded with the Kildalton case, when Alexander Macdonald, Esquire, writer,
Oreenock, appeared for the Presentee, and Hu^ Dempster, Esquire, and Alan Weir, Esquire, writer,
Oreenock, fbr the Objectors.
Mr Dewar, Kilchoman, was appointed Gerk P.T., in the usual manner, and the oath fiddi ~
jdminifltered to him.
Mr Colin Hay, distiller, reading at Callumkill, re-compeared, and his evidence-in-diief was com —
pleled, and entmd upon the separate Record.
The Preabytei^, in consequence of the lateness of the hour (two o'dock a.m.), adjourn to meetrS
within llie Pnuh GSiurdi of Kildalton, on Monday, the 29th current, at 12 o'clock, reserving to Mm
Macdonald the right to cross-examine the witness at that diet — Closed with pngret;
(Sgned) Jambs Dewab, Modr.
Xm.— EXTBACT FBOM THE BECOBDS OF THE PBESBTTEBY OF ISLAY AND JURA.
At KiWALiOK Chuxcb, the 29th digr of Kcfvember, 1858 years—
WMch day the Presbytery of Isliqr and Jon being met and constitnted. Sederunt— Tlie Be^-
James Dewar of Oa, moderator: James Dewar of Kildioman; DamdMa<^e,IV)itiialimTeia^ .
Tiachlan Mackenzie, Jura and Colonsay; Donald Macdimald of Kifanenj, Piesfayteiy deil^'
The minutes of last meetiog bdng read and i^roved the Presbytery a4joiiXB, to meet at th.^
8dU)oI4ioii8e, LagavuKn, to-day, at 2 o'clock P.1I. — Closed with pn^.
(Sgned) Jamsb Dkwas, Modr.
18
BEOOBD.
XYIL— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
The Presbytery met in terms of adjoamment in the School-house of PoBT-Eixm Sedenmt
tU mpm, being re-constituted^ the Eildalton case was proceeded with.
The witness, James Mackerrol, re-appeared for cross-examination; his evidence was completed and
entered in the separate Record.
The following supplies were appointed for the Parish of Kildalton, viz.: — Mr Brodie on the
twelfth current; Mr Macdonald, Kilmeny, on the twenty-sixth; Mr Dewar, Oa, on the ninth of Janoaij;
Mr M'Eenae, Jura, on twenty-third of January; Mr Macphie on the sixth of February.
The Presbytery adjourn to meet at Eildalton upon Tuesday, the eighteenth of January next —
Closed with prayer.
(Signed) James Dewab, Moderator.
XVm.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At the Pabish Church of Eildalton, the eighteenth day of January, eighteen hundred and
fifty-nine years —
The Presbytery of Islay and Jura being met and constituted. Sederunt — ^The Rev. James
Dewar, Oa, moderator; Lachlan Mackenzie, Jura and Colonsay; James Dewar, Eilcho-
man; and William Webster, Esquire, Daill, elder; and Donald Macdonald, Eilmeny,
Presbytery Clerk.
The minutes of last meeting being read and approved oi^ the members appointed at last meeting
to supply the pulpit of Eildalton, stated that they had obtempered the orders of the Presbyteiy bj
preadiing in the Parish Church of Eildalton on the days appointed.
The Presbytery proceeded to the consideration of the Eildalton Case.
Mr Dewar, Eilchoman, was appointed Clerk P.T. in the usual manner, and took the oath de fiddL
Hugh Dempster, Esquire, writer in Greenock, appeared as agent for the Objectors, and Alexander
Macdonald, Esquire, writer there, for the Presentee.
Compeared John Maclean, Shoemaker in Tobermoiy, as a witness for the Objectors, against whom,
an execution of citation was produced, and dated tenth day of January, eighteen hundred and fifty-
nine. The agent for the Objectors also produced an execution of citation, dated eighth of January
curt., against John MacCallum, tenant, Derrynacuilean, and Roderick Madeod, tenant, Cameron, boti^
within the parish of Einlochspelvie, and Presbytery of Mull, who being thrice csJled within the
Church, and at the most patent door of the Church of Eildalton, failed to appear, the above-
mentioned John Maclean was solemnly sworn and interrogated as a witness for the Objectors. Hia
evidence was taken down in the separate Record, and concluded.
The Presbytery adjourn, to meet at Port-Ellen at twelve o'clock noon to-morrow. — Closed with
prayer.
(Signed) James Dewab, Moderator.
XrX.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Elusk, the nineteenth day of January, eighteen hundred and fifty-nine—
The Presbytery of Islay and Jura being met and constituted. Sederunt — ^The Rey. James
Dewar, Oa, moderator; Lachlan Mackenzie, Jura and Colonsay; James Dewar, Eilcho-
maii; Donald Macdonald, Presbytery Clerk; and WilUam Webster, Esquire, Daill, elder.
The minutes of last meeting being read and approved of, the Presbytery proceeded with the Eil-
dalton Caae, when there appeared Hugh Dempster, Esquire, writer in Oreenock, agent for the
Objectors, and Alexander Macdonald, Ei^uire, writer there, as agent for the Presentee.
RE 0 O E D.
L— BXTBACT FROM THE BECORDS OF THE PBESBYTESY OF BLAY AND JURA.
At BsiDOEND, IsLAT^ the thirtieth day of Jane, one thonaand eight hnndred and fifty-eight
years —
Which day and place the Fresbytcay of lalay and Jura being met and constitiited. Sederunt —
The Beyerend Daniel Macphie, moderator; James Dewar, Kllchoman; James Deivar, Oa;
Lachlan Mackenzie, Jura and Colonsay; and Donald Macdonald, Eakneny, Clerk of
Presbytery.
The minutes of last meeting being read and approved of, the following minute of the brethren at
Kildalton manse, after the funeral of their late brother, was approved o^ and ordered to be engrossed :
^' At the manse of Kildalton, the fourth day of May, eighteen hundred and fifty-eight years, which day
the following brethren met here after the fimeral of their late brother, the Reverend Archibald Mac-
tavish, minister of this parish, who departed this life on the twenty-ninth day of April last, viz., the
IKev. James Dewar, Kilchoman; TiacJilan Mackenzie, Jura and Colonsay; James Dewar, Oa; and
Donald Macdonald, Eilmeny ; and having chosen the said Lachlan Mackenzie to be moderator pro
Umpore, the meeting was constituted by prayer.
Mr Dewar, Kilchoman, was appointed to preach in the church here on Sabbath next, and after
divine service to declare the diurch vacant from the 29th day of April last; and they instruct the clerk
to enter the said Mr Archibald Mactavish's decease in the separate register.
The meeting further direct the said Mr James Dewar to intimate the vacancy by letter to the
Patron of the parish; and they appoint the following supplies for the parish, viz., Mr Dewar, Oa, to
preach on the 23d of May current; Mr Mackenzie, Jura, on the 6th of June; and Mr Macdonald,
£ilmeny, on the 20th of said month.
" The meeting resolved to record their high esteem of their deceased brother, as a friend, their
Bense of the loss which they have sustained by his death, and to convey to his widow and flBunily their
deep sympathy with them and the congr^ation, in this bereavement."
The meeting closed with prayer, and signed Lachlan Mackenzie, moderator P.T.
Mr Dewar, Kilchoman, stated that he had preached at Kildalton on the ninth day of May, as
ordered, and intimated the vacancy immediately thereafter to the Secretary of State for the Home
Departmcut.
The Rev. Mr Dewar, Oa, and also Messrs Macdonald and Mackenzie, stated that they had preached
on the days appointed.
There was laid on the table of the Presbyteiy a presentation from the Crown in favour of the
Reverend Angus Macintyre, minister of the quoad sacra parish of Kinlochspelvie in Mull, to the church
and parish of Kildalton, but as the necessary relative documents were not produced, tiie Presbytery
ordered said presentation to lie on the table till next meeting; and in the meantime, the clerk is
instructed to intimate accordingly to the Presentee, and to request of him to forward the necessary
documents to the Presbytery before the next meeting.
As upon Sabbath next Mr Macphie is to assist at Kilchoman, there will be no service at Kildalton
iSSl the 11th proximo, on which day Mr Macphie is appointed to preach, and on the following Monday,
<j€ any subsequent day, preside at the meeting of the kirk-session of the parish, to make up a roll of
cooununicants, and to attend to any other business that may come before the session.
The Presbytery adjourned to meet in Bridgend upon Thursday, 22d day of July.
The meeting was closed with prayer.
(Signed) Daniel Macphie, Moderator.
a
2
BEOORD.
n.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF I8LAY AND JURA.
At BfiiDaEND, the twenty-Becond day of July, one thonsaad eight hundred and fiffcy-eight years—
Which day and place the Presbyteiy of lalay and Jnra being met and constitnted. Sedenmt —
The Reverend Lachhu Mackenzie of Jnra and Colonaay, moderator, pro tempore; James
Dewar, Oa; James Dewar, Kilchoman; and Donald Maodonald, Kilmeny, the Clerk of
Presbytery.
Before entering on business, Mr Macphie, the moderator, arrived and took the chair.
The minutes of last meeting being read and approved ot, the Presbytery took up the Presentation
to the Church and Parish of KUdalton in favour of the Reverend Angus Madntyre, minister of the
qtioad sacra Parish of Kinlochspelvie, which was read; there was also produced his letter of acceptance^
and a certificate of his qualification to Qovemment, which Plreaentation and relative documents were
read and sustained. The Presbytery, therefore, did, and hereby do sustain the said Presentation and
relative documents.
The Presbytery appointed the said Mr Madntyre, who was present, to preadi in the Parish Church
of Kildalton, upon Sabbath the first day of August, also upon Sabbath the eighth, and upon Tuesday
the tenth days thereof; and they appoint the following members of Presbytery, viz.: Mr Macphie, the
moderator; Mr Dewar, Kilchoman; and Mr Dewar, Oa^ a committee to be present, and to receive from
the said Mr Angus Macintyre the manuscript of his sermons delivered that day and the Sabbaths pre-
ceding; and the Presbytery farther resolved to meet in the said Church of Kildalton, upon Tuesday the
twenty-fourth day of August, to moderate in a Call in &vour of the Presentee, and of receiving objec-
tions, if such shall be offered. Mr Macphie, the moderator, to preach on that occasion. Aid uiev
appointed the Rcvd. Mr Dewar, of Oa, to preach in the Church of Kildalton, on Sabbath the 25th
current, and make intimation of these resolutions.
There was produced and read a communication from the Synod of Argyle, on the Administration
of Baptism, and also a recommendation of Synod anent contributing to Supplementary Orphan Fund.
The Presbytery adjourn, to meet at Kildalton on the twenty-fourth day of August.
The meeting was closed with prayer.
(Signed) Daniel Macphib, Moderator.
Extracted upon this and the three preceding pages, at the manse of Kilmeny, Islay, this twenty-
sixth day of April, eighteen hundred and fifty-nine years, by
(Signed) Donald Macdonald, Pres. Clk.
m.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY A^'D JURA.
At Kildalton Pasish Crvjlcb, the twenty-fourth day of August, one thousand eight hundred
and fifty-eight years —
Which day and place the Presbytery of Islay and Jura being met and constituted. Sedenmt
— ^The Reverend Daniel MacpMe, minister of Portnahaven, moderator; James Dewar, Kil-
choman; James Dewar, Oa; Lachlan Mackenzie, Jura and Colonsay; and Donald Mac-
donald, Kilmeny, the Clerk of Presbytery.
The minutes of last meeting being read and approved of, the edict, intimating Mr Angus Madn-
tyre's appointment to preach in the Pariah Church of Ealdalton, was returned certified as having been
^y executed.
It was reported by Mr Macphie, and Mr Dewar, Oa, that the said Mr Angus Madntyre had fulfilled
these appointments, that they had been present as a Committee, appointed by the Presbytery, on the
tenth day of August, and had received firom Mr Macintyre, at the conclusion of the service, the manu-
script of his sermons delivered that day, and on the two Sabbaths preceding, which were ordered to be
dooqueted.
Mr Macphie, the moderator, ascended the pulpit, and preached in Gaelic from Hebrews, chapter
iii verse 1; and in English, from 2 Corinthians, chapter iv. verse 5.
At this stage of the business^ compeared Mr Angus Macintyre, with Alexander Macdonald^
KEQOSD.
Aquiiey Writer in Greenodc, as his sod msndRtoiy, who prodaoed the fidlowing maadate to ap-
pear for him at this, and all snbaequent meetings, which mandate was sustained by the Presbytery:—
Post-Ellen, 24th August, 1858.
^Akiandtt Macdonald, Esquire, Writer, Greenock,
** Sir,— I heidby anthorise yoa to appear imd act for me as mandatoiy aiid agent, before the
Beverend the Presbytery of Islay and Jura, at a meeting of that Reverend Body, to be held this day
in the Parish Churdi of Kildalton, to moderate in a CaJl in my favour to the Church and Parish of
Kildalton aforesaid, and at all subsequent meetings of the said Presbytery, in relation to my Presenta-
tion, with the same powers as belong to, Sir, your obedient servant,
(Signed) "Angus Macintyri."
t ^ A form of Call and Concurrence was then read by the clerk; the Call was thereafter subscribed V
Y thirteen parishioners, which subscriptions were attested by the moderator. ^ '
/ I / The Piesbyteiy order the Call to he entrusted to Mr Levack, the Session-Clerk, till next meeting of
^ Presbyteiy, in order to afford an opportunity to any parishioner disposed to sign it, to do so.
It was asked by the moderator if any person present intended to object; whereupon the following /^^cL^ot^vc/'^'^
objections were given in and subscribed by the following parties: —
Special objections against the settlement of the Beverend Angus Macintyre of Einlochspelvie, as
minister of the Church and Parish of Kildalton, in the Presbytery of Islay, by the persons hereto sub-
scribers, and others adhering thereto, members of the congregation, or parishioneis of said parish.
Fira, The said parish, with upwards of three thousand inhabitants, has a considerable and rapidly
increasing proportion, who do not understand Qaelic. The practice has hitherto been to have two
services every Sabbath, the one in English, the other in Gaelic ; but the Objectors are given to undorf
stand that the Pxia^tee has laiely if ever an English service in his present charge, and that he is jiot
qualified to conduct such service with ew%, and to the advantage of that portion of the parishioners
who do not fully understand the Qaelic language — a fact which has been established by lus recent trial
services in the parish.
Second, That the Pteeentee, in his present charge, has a manse and glebe a^acent to the church,
and the parishioners number about five hundred. That the Presentee passes a grei^ portion of his
^me in another parish, many miles distant, where he has a separate residence, and thereby has shown
Msinabiiity to take the spiritoal ovenri^ of so important and extensive a parish as Kildalton, wit)i
a population so widely scattered, and therefore requiring a yjftnng^ vigorous, and energetic minister,
uliiiili lilie Prooonteo is nat
Tliird, That, as ordered by the Presbytery, the Presentee has officiated on three several days, in
the parish church of Kildalton ; that the Objectors are not satisfied with his manner of conducting
the Church services. The prayers were not offered with any degree jjaym^tTH.^i ur solemnity. The '\\
I were not edifying ; the subject being, for the most part, unconnected with the texts, and
sc^raes themselves in no way connected one part to anoUier. That the delivery had more the
ehafftetefoTreQitation of the eompesition ef anothor than of earnest and dii^ appeal 16 th6 Uftd6r>
staadMytmd the heart. — That the BWViixs had eviiry appearance uf being gut up ibi the uixasion,
^iilflinTigii Tinnnf innppi-npinofi>^ Lninno/iijr Vw>^i^ ftTifl itjU mftm fthmptly lirmijrhti tfi H rinnni and that
on two of the said days on which the Presentee officiated, he did not, at the commencement of the ser-
Tices, as is enjoined by the Directory of the Church, read any portion of the Holy Scripture.
Fourth, That the Presentee does not appear imbued with a charitable or condliatory spirit ;
having shown this so markedly in the Psalms selected and given out to be sung at the various diets,
more especially the last verses of the One Hundred and Forty-first Psalm, on Sabbath, 1st of August ;
the One Hundred and Twentieth Psalm, on Sabbath, 8th of August ; also, the Ninth Psalm in the
Book of Psalms, which he read on Tuesday, 10th of August, none of these having connection with the
Tarious subjects of his discourses, but were obviously intended to insult and irritate those who might
use their Christian privilege of judging and expressing their opinions on his ministerial qualifications
and fitness for the special chST^ to which he aspires.
BBOOBD.
^ Flfth^ That the Presentee's pnmimciatioii is at timea indistinct^ so mncih so, tiia* mtatf it tti^
^jv> •congregation had great difficolty in aaoertaining either the Psalms or texts he gwre ool
LoBdyy Thai the Presentee has directly and indirecUy used solicitations and nn&ir means to pio-
core a fayonrable reception in the parish, and to obtain snbscribers to his Call, eontraiy to the knvt of
the Church, and the express terms of one of the dedarations he is bound to make at Us indaolioiL
Name.
Archibald Campbell,
Donald Jamieson,
Walter Graham,
Colin Hay,
6 "Vniliam Hunter,
James Mackerrol,
Williamina Hunter,
Horatia Perry Graham,
W. L. Johnstone,
10 Peter Macarthur,
Thomas Scot,
Dugald Johnston,
Alexander Gordon,
Mary Gordon,
15 Janet Scott,
Stewart Eraser,
Anne Mackerrol,
Anne Eliza Hunter,
Dugald Macdougall,
20 John MacmiUan,
George Calder,
his
Bobert x Maclellan,
mark
Donald Macdougal,
Peter Mackenzie,
26 James Hobertson,
his
Archibald x MacmiUan,
mark
Duncan Macdougal,
Angus Kennedy,
John MacEachem,
30 Agnes H. Gordon,
Jannet Macdonald,
Gilbert Carmichael,
Ann Carmichael,
his
James x Morrison,
mark
his
35 William x MacmiUan,
mark
Duncan MacmiUan,
Peter Macdougal,
Ann Jamieson,
GUbert Macfadyen,
40 John Smith,
DasiQNATioir.
elder,
elder,
distiUer,
distiUer,
distUler,
postmaster,
M.D.,
cooper,
shepherd,
diertiUery,
In. Kev. officer,
baker,
Post-Office,
shipowner,
cartwrigh^
innkeeper,
gamekeeper,
f^epherd,
stillman,
Wright,
shoemaker,
smith.
miUer,
cartwright.
aailor.
RnSIDXNCQb
PorirEUen.
Lagavulin.
Ardenistle.
CaUumkiU.
Li^hroig^C
Port-EUen.
Li^hroigi
Ijagavulin.
E<Snbuigh.
Port-EUen.
CaUumkilL
LafduNHg.
LagavuluL
Lagavulin.
CaUumkilL
Port-EUen.
Port-EUen.
Laphroig.
Port-Intman.
Port-EU^
Port-EUen.
Lagavulin.
Port-EUen.
Ure Cottage.
Comibus.
Lagavulin.
Port-EUen.
Port-EUen.
Lagavulin.
Lagavulin.
Laphroig.
Li^YuUn.
Lagavulin.
Lagavulin.
Lagavulin.
Lagavulin.
Port-EUen.
Lagavulin.
Lagavulin.
Lagavulin.
BEOORDu
NjUA DsSIGHATIOir.
bis
Cbdfrey x Livingston^ distdUeryman,
mark
Jdm Livingston, saUor,
John Mackerrol, sailing-master,
William Mafflnillan, clerk,
her
45 Ann x Macniven,
mark
her
Catherine x MacLmes,
mark
her
Margaret x Jamieson,
mark
her
Mary x MacEachem,
mark
her
Mary x Gilchrist,
mark
her
^0 Janet x Maodougalli
mark
her
Lilly X Macmillan,
mark
her
^2 Ann x Macmillan,
mark
Those signing by mark (X) attested by (Signed)
Residence.
Lagavolin.
Lagavalin.
W. Frederick.
Lagavalin.
Lagavalin.
Lagavalin*
Lagavalin.
Lagavalin.
Lagavalin.
Lagavalin.
Lagavalin.
Lagavalin.
Daniel Macphie, Modr.
KiLDALTON, 24th Aagt, 185&
What is above contained are the objections and signatares of the Objectors, in number fifty-two^
to the Settlement ot the Bev. Angus Madntyre.
(Signed) Daniel Macphie, Moderator.
The Presbytery agreed to receive the objections, in the meantime, as subscribed by the Objectors,
in number fifty-twa The Presbytery reserved to Mr Alexander Macdonald, on the part of the Pre-
sentee, the right to impugn the same^ and the right of the parties whose names are adhibited thereto
to sign their names, as well as the relevancy of the objections themselves. The Presbytery reserved
consideration of the objections till next meeting.
The agent for the Presentee craved dil^enoe against witnesses and havers, in support of his
objections to these objections, and the names thereto attached, and to enable him to discuss the relevanqr.
Tlie Presbytery grant the diligence accordingly, and instruct the clerk to issue the necessary letters cf
diligence ; in which deliverance the said procurator assented, and craved extracts of the whole proceed-
ings, which were allowed.
The Presbytery adjourned to meet at Bridgend, upon Wednesday, the 8th of September, to con-
sider the said objections and relevancy thereof — Closed with prayer.
(Signed) Daniel Macphie, Modr.
Extracted upon this and the eleven preceding pages, &om the minutes of the Presbytery of Islay
imd Jura, at the Manse of Eilmeay, Islay, this the 26th day of August, 1858 years, by
Donald Macdonald, "Pres. Clk.
6
SECORD.
IV.— EXTRACT FROM THE RECORDS OF THE PRESBPTERY OF ISLAY AND JURA.
At Bbidoend, Islay, the eighth day of September, one thousand eight hundred and fifl^-ei^t
years —
Whidb day and place the Presbyteiy of Islay and Jura being met and constituted. Sedanmt—
The Reverend Daniel Macphie, minister of Portnahayen, moderator; James Dewar, Kil-
choman; James Dewar, Oa; Lachlan Mackenzie, Jura and Colonsay; and Donald Mac-
donald, Kilmeny, clerk of Presbytery.
The minutes of last meeting being read, and before they were approved of.
Compeared Hugh Dempster, Esquire, Writer in Greenock, who produced a mandate, signed by
forty-six of those who objected at the former meeting.
Whereupon the procurator for the Presentee, on the names being read over, objected to the man-
date being received or sustained, quoad the following parties whose names do not appear in the Iht of
Objectors, viz.: — Lolly MacEachem, Ann Maclugas, Janet Macphadean, Mary Johnstone, and Mary
Livingstone, (five names).
Answered on the part of the Objectors, that the parties objected to are married women, and are
identically the same parties as those whose names are entered as follows in the list of Objectors, viz.: —
liUy Macmillan, Ann Macniven, Janet Macdougal, Mary MacEachem, Mary Gilchrist.
The Presbytery, after proof being led, were satisfied with regard to the identity of the foresaid
parties; they sustained the following mandate: —
"KiLDALTON, 7th September, 1858.
"To Hugh Dempster, Esquire, Writer, Greenock,
"Sir, — ^We, the undersigned parishioners and members of the congregation of the Parish Church of
Kildalton, do hereby authorize you as our agent, to appear before the Presbytery of Islay and Jura, or
other competent judicatories, and state and support our objections to the settlement of the Reverend
Angus Macintyre, the Presentee to the said church and parish as minister thereof, and to take all such
£teps as you may consider necessary to prevent any such settlement taking place.
"We remain,
*Sir,
"Your obedient Servants,
(Signed) " Walter Graham.
William Hunter.
Peter Mackenzie.
Colin Hay.
Gilbert CarmichaeL
Duncan Macmillan.
Robert Madellan, his X mark.
Horatia Perry Graham.
Ann Jamieson.
Archy. Macmillan, his X mark.
Ann Macmillan, her X mark
William MacmOlan, his X mark.
Lilly MacEachem, her X mark.
Alexander Gordon.
Mary Gordon.
Cathren Maclnnis, her X mark.
Donald Jamieson, elder.
Margaret Jamieson, her X mark,
Ann Maclugish, her X mark.
James Robertson.
Anne Carmichael.
Williamina Hunter.
Anne Eliza Hunter.
Jannet Macdonald.
(Signed) William Macmillan, Witness.
William Macmillan, Witness.
WiUiam Macmilkm, Witness.
William Macmillan, Witness.
William Macmillan, Witness.
William ^lacmillan, Witness.
William Macmillan, Witness.
William Macmillan, Witness.
EECOBD.
William Macmillan, Witness.
William Macmillan, Witness.
William Macmillan, Witness.
\l^lliam Macmillan, Witness.
Dngald Jo&mstone.
Agnes H. Gordon.
Dngald MacdongalL
Jolm MacEachern.
Janet Macfadean, her X mark.
Maiy Johnstone or MacEachern.
John Smith.
Godfrey Livingstone, his X mark.
Mary Livingstone, her X mark.
John Livingstone.
Gilbert Macfadyea,
James Morison, his X mark.
George Calder.
Willkm Macmillan.
Thomas Scott
Angus Kennedy.
Donald Macdougal.
Archd. Campbell, elder.
Stewart Eraser.
Peter Macarthnr.
Duncan Macdougal
46 Peter Macdougal**
The Presbytery approved of their last minute, against which approval, in so fiir as it allowa to the
Presentee a proof of any objection to the title of the Objectors to insist upon the same, the Objectors
protest and appeal to the ensuing General Assembly, for reasons to be given in in due time, took in-
fitmments in the clerk's hands, and craved extracts, which were allowed.
At this stage, the procurator for the Presentee objected to any other parties, except those whose
names appeared to be subscribed to the mandate produced, being considered as Objectors in this case,
and craved the Presbytery to delete the names of such parties accordingly.
The procurator for the Objectors objected to the relevancy of this craving and to the competency
of the motion, in respect that the Presbytery are bound, under the Act, to proceed to consider and
<Uspose of the objections, irrespective of the mandate referred to, and they are not at liberty to
expunge the names of any one of the Objectors, but must preserve the objections in their integrity.
Answered for the Presentea — ^The only parties before the Court are the Presentee and those
persons whose names appear at the mandate produced. There is no appearance by the other
Objectors, although duly warned to attend. They must, therefore, be considereid as having fallen from
their objections, and the Presentee has simply craved a finding to that effect.
The Presbytery having considered the objections and answers, sustain the objection and refuse the
motion and craving of the Presentee's agent
Against which finding the agent for th^ Presentee protested and appealed to the ensning meeting
of the General Assembly, took instruments, and craved extracts, which were allowed.
The communion roll being called for, a roll of communicants was produced, dated 12th day of
July, 1858, consisting of one hundred and fi%-nine in number, which, of consent of parties, the
Presbytery held to be correct.
The Call being called for, Mr Levack, the acting session-clerk, returned the same, with twenty-
one additional names signed personally, and two hundred and ninety signed per mandates, which 290
names were written to the Call by the mandatories, in the presence of the said Mr Levack ; which
mandates were also produced, and of which Call, and the signatures thereto attached, the tenor
follows, viz, : —
We, heritors, elders, members of the congregation of Eildalton, and parishioners of the parish
of Kildalton, being Protestants, desirous of promoting the glory of God and the good of his Church,
being destitute of a fixed pastor, and being satisfied by gocnd information and our own experience, of
the ministerial abilities and suitableness to our capacities, of the gifts of you, Mr Angus Macintyre,
have agreed to invite, as we do hereby invite and OeJI you to undertake the office of pastor among ns,
promising you all dutiful respect, encouragement, and obedience in the Lord.
8
BECOm
^ In witness whereof we have sobaoribed this Call, before the Presbytery of Islay and Jora, on
ihe twenty-fourth day of August^ Eighteen Hundred and Fifty-eight years.
(Signed) ''Duncan MacCuaig, C.
John Eraser.
Duncan Macintyre, C.
John Maodonald, Inland Bevenue Officer, C.
John Macintyrej Ardtala.
Donald Madnt]^, Fort-Ellen.
James MacCuaig, x per D. Maqihie, Modr., C.
mark
Alex. MacCuaigy Port-Ellen^ C
Peter MacCuaig.
Daniel Campbdl, C.> Port-Ellen.
Donald Macpherson^ C., do.
his
Donald x Leonie^ per D. M'F., Modr.
mark
13 Neil Black, Port-Ellen, C.
I, Daniel Macphie, moderator, appointed by the Presbytery of Islay and Jura, to preach at the
moderation of a Call in feivour of Mr Angus Mainntyre, in the Parish of Eildalton, do hereby attest the
subscriptions to the within Call, (being thirteen in number), to be the genuine subscriptions of those
Whose names they purport to be.
(Signed) Daniel Maophie, Moderator.
September 1.
Duncan Macdougall, Ardbeg.
John Campbell, do.
Donald Maclellan, do. C.
Duncan Macduffie, do.
Dugald Mactaggart, do.
CoU MacCuaig, do.
Donald Macnab, do.
Archd. Macalister, do.
his
William x MacEwen, J. O. L., Witness, do.
mark
his
Donald x Maclellan, J. G. L., Witness, do.
mark
his
Malcolm x Maclellan, J. Q. L., Witness, do.
mark
his
Neil X Macduffie, J. G. L., Witness, do.
mark
his
Alex. X Eads, J. G. L., Witness, do.
mark
Duncan Darroch, J. G. L., Witness, do.
her
Mary X Darroch, J. G. L., Witness, do.
mark
James Cameron, do.
Malcolm Kennedy's mark x , J. G. L., Witness, do.
his
Archd. X Madergan, J. G. L., Witness, Ardbeg.
mark
his
John X Macmillan, J. G. L., Witness, do.
mark
her
Christina X MacCuaig, J. G. L., Witness, do.^
mark
his
Peter x Macaffer, J. G. L., Witness, do.
mark
Alexr. Darroch, Glen Lotta.
John Darroch, do.
Catharine Darroch, do.
Mary Darroch, do., C.
Dougal Currie, do.
Catharine Torrie, do.
Bell Macalpine, do.
Mary Sinclair, do., C.
Mary Sinclair, do.
Neil Bell, do.
Margaret Macphadyen, do.
Flora Bell, do.
Flora Macphadyen, do.
Alexr. Johnston, do.
Catharine Johnston, do.
Ann Johnston, do.
Donald Gillies, Machray.
BEOOBB.
Hogh MacEacbern, Port-EUen.
OathariDO Sinclair, QlenegacUde.
Jane Torry, do.
Mary Macintyre, Glen Lotts.
Mary Macintyre, do.
John Currie, do.
Mary Robertson, do,, C-
Mary Macniven, do.
Catharine Clark, da
Bell Macqaeen, do.
Janet Macintyre, do.
Catharine Currie, da, C.
Mary Orr, do.
Datican Mactaggart, Laorin.
Malcolm Eobertson, Glen Lotta.
Alexander Macintyre.
Alezr. MacEwen, Port-Ellen Dislilleiy.
Margt. MacEwen, do.
Catharine Darroch, do.
Janet Macintyre, do.
Neil Darroch, do.
Margaret Currie, do.
Thomas Macdonald, Glen Lotts
Donald Macdonald, do.
Jessie Macdonald, do.
Ann Macdonald, do.
Margaret Macdonald, do.
Dnncan MacCuaig, Port-Ellen, Mandatory ; Archd. Macarthur, Witness.
James Livingston, Port-Ellen, C
Dugald MacCuaig, do.
Alezr. Livingstone, do.
James Macfarlane, da
Archibald Mackay, do.
Donald Macmillan, da
Henry MacCuaig, do.
Dnncan Macalpine, parochial teacher, da
John Macintyre, do., C.
Dnncan Campbell, do.
Dogald Macintyre, do.
Duncan MacCuaig, do., C.
Angus MacCuaig, do.
George Campbell, do.
Colin Macnab, da
John MacCallum, do.
Dnncan Macmilhui, do.
I>onald MacmiUan, do.
Hugh Gilchrist, do.
Neil MacCuaig, do.
John Macniven, do., C.
Angus Mackeachan, do.
Angus Bnwn, do.
Malcolm Macintyre, da
Dugald CampbeU, do.
John Madauchlin, do.
John MacCuaig, do.
John Madnnes, do.
Lauchlin Maclean, do.
James Brown do.,
Donald Macintyre, do..
Hugh Logan, do.
Mary Eraser, do.
Donald Campbell, do.
Allan M'Dougall, da
Samuel Johnstone, do.
Ellen CampbeU, do.
Flora Macphie, do.
Ann Campbell, do.
mUiam MacCuaig, da
JCaigt Currie, da
KeU Macinnes, Port-Ellen.
Ann Kerr, do.
Archibald Brown, do.
Alex. Cameron, do.
John Shaw, do.
Alex. Smith, do.
Dugald Carmichael, do.
Neil Macintyre, Glen Lotts.
Dugald MacCuaig, Port-Ellen.
Donald MacCravie, do.
Alex. Macintyre, da
John Macintyre, do.
Margaret MacCuaig, do.
Christina Macintyre, do.
Duncan Shaw, do.
David Vine, da
Catherine Vine, do.
Archibald Lindsay, do.
Samuel Macfarlane, do.
Marrion Anderson, do.
Donald Black, do.
John Stewart, do.
Hugh Logan, do., C.
Marrion Logan, do., C.
Robert Campbell, do.
Mary Logan, do.
Ann Logan, do.
Janet Dunlope, do.
Duncan Macintyre, do.
Duncan Mackay, do.
Catharine Johnstone, do., C.
William Currie, do.
Duncan Logan, do., C.
Neil Logan, do.
Dugald Logan, do.
Mary Logan, do.
Janet Logan, do.
Bell Logan, dp.
Betsy Macphail, do.
Godfrey Livingston, do.
b
10
BBOORD.
Sarah Shaw, Port-Ellen, C.
Angus Johnston, do., C.
Donald Cameron, do.
Mary Campbell, do.
Samuel Johnstone, do.
Catherine Macfadyen, do.
Flora Shaw, do., C.
Thomas Millar, do.
George Anderson, do.
Angus Macquarry, do.
Kobert Macarthur, do.
James Mackerrol, do.
James Anderson, do.
Neil Campbell, do.
Marrion Torry, do,
William Gilchrist, da
Neil Macmillan, do.
Archd. Macfadyen, do.
Duncan Carmichael, do.
John Carmichael, do.
Duncan FuUarton, do.
Malcolm Sinclair, do.
Andrew Macgibbon, do., C.
Margaret Macpherson, do., C.
John Shaw, do., C.
Charles Maclauchlin, do.
Angus Macinnes, do.
Duncan Sinclair, Glen Lotts, C
Jessie Macintyre, Port-EUen.
Mary Macintyre, do.
Emily Macintyre, Foit-ElleB.
George Gardner, do.
Nancy Macintyre, do.
Mrs Macintyre, da, G.
George MacCidlum, do.
Ann MacCallum, do.
Maigaret Woodrow, da
David MacEachem, do.
Isabella Clark, do.
Duncan Macarthur, da
Duncan Morrison, do.
Coll Macdonald, do.
Agnes Macdonald, do.
Archibald Campbell, da
Jessie MacCuaig, do., C.
Flora MacCuaig, da, C.
Jessie MacCuaig, do., C.
Catherine MacCuaig, da
Isabella MacCuaig, da
IsabeUa Maclean, do.
Marrion Gillis, do.
Margaret Campbell, do., C.
ArcMbald Macintosh, da
Maiy MacCuaig, da
James Gillies, da
Catherine MacCuaig, do., C.
Duncan Campbell, do
Donald MacEachem, do.
Margaret Smith, da
Donald Mackerrol, do.
Archibald Macarthur, Mandatory and Witness; Duncan MacCuaig, Witnees to tibMe
by the Mandatory. — ^LagavnliD) Ist Sept, 1858, D. M'C. signed as above.
entered
Dougald Macintyre, ArdtakL
Jane Macintyre, do.
Jane Macgilvray, do
Catherine Gillies, do.
Flora MacdougaU, do.
Colin Macintyre, do.
Neil Macgilvray, do.
John Morrison, do.
Archd. Macintyre, do.
Archd. Macgill, Ardmore, C.
John MacCormick, do.
Mrs Donald Macintyre, Port-Elleo.
Peter Macintyre, Ardelistry, C.
Mary Macintyre, do., C.
Christy Campbell, do.
Ronald Campbell, do.
Angus Macnicol, Glenaigadale.
Maigt Mackay, do.
John Morrison, do., C.
Janet Macintyre, do., C.
Duncan Morrison, do.
Margt Morrison, da
Mary Morrison, do.
Donald Macfadyen, Ardb^
Mrs Macfadyen, Ardbeg.
Mrs MacCuaig, do.
Margt MacCuaig, da
Angus MacCuaig, da
Mrs Head, da
John Black, do.
Mrs Black, do.
Ann Black, do.
Mrs D. MacDougall, do.
William A. Taylor, da
Hector Macallister, do.
Mrs MacEwen, do.
Donald Gilchrist, da
Mrs Donald Gilchrist, da
John Macallister, do.
Margaret Macallister, do.
Mary Macallister, do.
Mrs Macallister, do.
Duncan Macallister, do.
Robert Weir, CallumkilL
Duncan Lindsay, do.
AlejL Weir, do.
Donald Macintyre, Lotts, C*
Alex. Macintyre, da
BEOORD.
11
liiHry Macmtjre^ Lott&
Mn Madntyie, CL
Kobert Beatoiiy Kintare^
Mugaret Beaton, da
James LogaD, da
Bell Logan, da
Donald Monison, Tniderniah.
Janet Calder, Ardbeg
Thomas Calder, do.
Mrs John Campbell, do.
Mrs Archibald Madergan, Aidbeg.
Mrs Donald Madeigan, do.
James Cameron, do.
Dnncan Cameron, do.
Mrs D. Cameron, do.
Charles Black, da
Mrs Macaffer, do.
Mrs Macmillan, do.
Mrs Black, do.
Bell Maclellan, do.
(Signed) John Macdonald, <^loer of Inland Bevenne, Witness to these names entered by the Mandatory,.
Donald Madntyra — ^Li^vnlin, 4th Sept, 1858. Donald Macintjrre, Mandatory.
John Macarthur, Port-Elleu.
Mary Black, da
Ann Macarthur, do.
Archd. Macarthur, do.
John Campbell
Maigt MackerroL
Keil MacCuaig.
Ann Campbell
John Campbell, C.
Christina Campbell, C.
Catharine Campbell.
Alexr. Cameron.
Ann Brown, Balevicar.
Malcolm Macqueen, do.
Gilbert Macarthur, Port-Ellen.
Donald Brown, do.
Gilbert Macphail, Balevicar.
Malcolm Brown, do.
(Signed) Duncan MacCuaig, Mandatory. — Lagavulin, 7th Sept, 1858.
The Presbytery then instructed the Clerk to analyse the Call, stating the number of heritors, com-
municants, and parishioners; how many signed per mandate and how many by holograph.
The following committee were appointed to assist the Clerk : — ^Mr Dewar, Kilchoman; Mr
Mackenzie, Jura.
The Presbytery resumed consideration of the objections, when, having compared the names ad- ^
hibited to the same with the admitted roll of communicants, find that the number of Objectors whose names >
are upon the roll is thirty-four, and those whose names are not upon the roll is eighteen. The names of
those eighteen parties are as follows, viz.: — Colin Hay, William Snell Johnstone, MD, Edinburgh,
Dugald Johnston, Ann Mackerrol, Ann Eliza Hunter, Duncan Macdougal, Angus Kennedy, John
MacEachem, Agnes H. Gordon, James Morrison, Gilbert Macphadyen, John Smith, Godfrey Livingston,
John Livingstone, John Mackerrol, William Macmillan, derk, Mary MacEachem, Mary Gilchrist. The
Objectors whose names are on the roll of communicants are as follows: — ^Archibald Campbell, elder;
Donald Jamieson, elder; Walter Graham, distiller; William Hunter, distiller; James Mackerrol, post-
master; Williamina Hunter, Laphrdg; Horatia Perry Graham, Lagavulin; Peter Macarthur, cooper;
Thomas Scott, shepherd; Alex. Gordon, Inland Revenue officer; Maj^ Gordon, Lagavulin; Janet Scott,
Callumkill; Stewart Eraser, baker; Dugald Macdougal, Portantruain ; John Macmillan, shipowner;
George Calder, cartwright ; Bobert Maclellan, Lagavnlin; Donald Macdougal, innkeeper, Port-Ellen;
Peter Mackenzie, gamekeeper, the Cottage; James Bobertson, shepherd, Coruabus; Archibald Macmillan,
stillmau, Lagavulin; Janet Macdonald, Laphroig; Gilbert Carmichael, Lagavulin; Ann Carmichael,
Lagavulhi; Gilbert Cannichael, Lagavulin; William Macmillan, Lagavulin; Duncan Macmillan, miller,
LagaruHn; Peter Macdougal, cartwrij^^ Port-Ellen; Ann Jamieson, Lagavulin; Ann Macniven;
Caduuine Macinnes; Maigaret Jamieson; Janet Macdougal; Lilly Macmillan; Ann Macmillan.
Duncan Macalpine, Glen Lotts.
John Maclean, Port-EUen.
Donald Maclellan, do.
James Macdougal, Eintra, C.
Donald Carmidiael, Balevicar.
Dugald Morrison.
Maigt. Brown.
Catharine MacCuaig, Port-EUen.
Bachel Mac^bbon.
Isabella Cunie.
Mary Campbell
Peter Beid, Lotts, C.
Peter Clark.
Margt MacCuaig, Port-Ellen, C.
Kenneth Clark.
Marrion Clark
Maria Black, C.
12
RECORD.
The agent for the Objectors offBred to prove, that the Objectors whose names are not on the roll
of communicants are nevertheless parishioners of Kildalton, and members of the congregation wha
statedly worship at Kildalton Church.
The agent for the Presentee objected, first, to the names of Archibald Campbell and Donald
Jamieson remaining on the list of Objectors as elders, in respect they have not the legal tiatua of that
office, and craves production of the session-book to establish said objection. Second, the said procu-
rator objected to the names of the eighteen individuals before engrossed remaining as Objectors, in
respect that they are not in communion with the congregation of the parish of Kildalton, and have,
therefore, no right to object to the settlement of the Presentee.
Answered — ^That this objection is irrelevant, in respect that the word elder is surplusage, and tho
only status the court can recognise is that of members of the congregation, which it is admitted they
possess. The word elder is used as part of their designation, and they have long officiated as elders,
Mr Campbell upwards of thirty years, and Jamieson upwards of ten years. With regard to the
second part of the objection stated for the Presentee, the Objectors maintain that the eighteen persons
objected to fall within the purview of the statute in the Acts of the General Assembly of 2d June,
1856, respecting the induction of ministers, as possessing a good title to object.
Parties being removed, the Presbytery, after reasoning, sustained the objection, and find that the
eighteen parties objected to have no right to object, not being communicants.
Against which finding the agent for the Objectors protected, and appealed to the ensuing meeting
of the General Assembly, took instruments, and craved extracts, which were allowed.
The Presbytery proceeded to take up the relevancy of the objections, and after reasoning on the
first objection, unanimously found it relevant.
Against which finding the procurator for the Presentee protested and appealed, took instruments,
and craved extracts, which were allowed.
Mr Dempster, for the Objectors, acquiesced in the foregoing deliverance.
The Presbytery adjourned to meet at eight of the o'clock p.m.
(Initialed) D. M'F., Modr.
The Presbytery — sederunt tU supra — ^resumed consideration of the relevancy of the objections.
The Presbytery then proceeded to consider the relevancy of the second objection, and after having
heard parties' procurators, they unanimously find it relevant, so far as it alleges that the parish of
Kildalton, with a population so widely scattered, requires a vigorous and energetic minister, which tho
Presentee is not, but, quoad uUray they unanimously find the said objection not relevant.
In which judgment the agent for the Presentee acquiesced, in so far as it finds the objection not
relevant, took instruments and craved extracts, ut supra; but in so far as it finds the said objection
relevant, he prot&sted and appealed, took instruments, and craved extracts, ut supra.
Mr Dempster, for the Objectors, acquiesced in the foregoing deliverance, in so far .as it found tho
objection relevant, and quoad uUra protested against said ddiverance, appealed to the ensuing General
Assembly, took instruments, and craved extracts, which were allowed.
The Presbytery having heard parties' procurators, unanimously find the third objection relevant.
Against which finding, the agent for the Presentee protested and appealed, ut supra,
Mr Dempster for the Objectors, acquiesced in the foregoing deliverance, took instruments, and
•craved extracts, which were allowed.
4th, The Presbytery, having heard parties* procurators, find the fourth objection irrelevant^
Beyd. Mr Dewar, Kilchoman, dissenting.
Mr Dempster, agent for the Objectors, protested against the foregoing deliverance, appealed to
the ensuing General Assembly, took instruments, and craved extracts^ which were allowed.
5th, The Presbytery, after hearing parties' procurators, having reasoned, finds the filth objection
relevant
Against which finding the agent for the Presentee protested and appealed, took instruments, and
x^raved extracts, ut supra, which were allowed.
Mr Dempster, for the Objectors, acquiesced in the foregoing deliverance, took instruments, and
craved extracts, which were allowed.
6th, The Presbytery, having heard parties' procurators, unanimously find the sixth objecticni
irrelevant.
Against which deliverance Mr Dempster, for the Objectors, protested, took instruments in tho
iderk's hands, and craved extracts, which were aJlowed, and appealed to the next meeting of the General
Assembly.
BECOBD.
13
The Ptesbytecy having asked the agent for the Freeeatee whethor he admiiled or denied the troth
of the olgections^ in so fiur as found releyant.
The agent answers that he denied the troth.
Hie ^esbytery admitted the objections, in so far as found relevant to proo^ and allowed the
parties a conjunct probation, and appoint^ Wednesday, the thirteenth day of October next, at twelve
o'clock noon, at the Parish Church of Kildalton^ for the Objectors to proceed with the proo^ and grants
diligence against all witnesses and havers.
Against which order for proof, the agent for the Presentee protested and appealed to the ensuing
meeting of the General Assembly, took instroments, and craved extracts, which were allowed.
Mr Dempster acquiesced, took instraments, and craved extracts, which were allowed.
The above meeting was duly intimated. Mr Macphie was appointed to preached in Kildalton on
Sunday the 26th current, and Mr Macdonald on the 10th day of October next
The Presbytery adjourned to meet at Kildalton upon Wednesday the 13th day of October. —
dosed with prayer. (Signed) Danibl Macphie, Moderator.
Extracted upon this and the preceding three-and-twenty pages, from the minutes of the Presby-
tery of Islay and Jura, at the manse of Kilmeny, Islay, this seventeenth day of September, eighteen
hundred and fifty-eight years, by (Signed) Donald Macdokald, Pres. Clk.
v.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Kildalton Pabish Church, the thirteenth day of October, one thousand eight hundred and
fifty-eight years —
The Presbytery of Islay and Jura being met and constituted. Sederunt — ^The Reverend Lachlan
Mackenzie, moderator, pro tempore; James Dewar, Kilchoman; James Dewar^ Oa; and
Donald Macdonald, Eilmeny, Presbytery Clerk.
While the minutes of last meeting were being read, Mr Macphie, the moderator^ appeared, and
when the reading was finished, took the chair. The minutes were then approved o£
The Presbytery proceeded with the Eoldalton case.
Parties being called, compeared as agent for the Presentee, Alexander Macdonald, Esquire, Writer
in Greenock, and Hugh Dempster, Esquire, for the Objectors.
Mr Alan Weir, writer in Qreenock, produced a mandate from James Mackerrol, postmaster, and
Janet Scott, Callumkill, addressed to Mr Hugh Dempster, writer, Greenock, and Mr Alan Weir, writer,
Greenock, empowering them, or either of them, as their agent or agents, to appear for them before this
Presbyteiy, or any other competent judicatory, as per mandate produced, against the reception of which
mandate the agent for the Presentee objected: — Ist, In respect that it authorises the mandatories ta
state and support objections to the Presentee, while the time is past for stating objectiona. 2d, There
is no date of meeting specified, of the Presbytery, which the mandatories are enUtled to attend. 3d,
The parties who have signed the said mandate are not entitled to subscribe the same. To which objec-
tions it was answered on the part of the Objectors referred to: — 1st, That they authorise by their
mandate, Mr Dempster or Mr Weir, as their agents or agent^ to appear before the Presbyteiy, or any
other competent judicatory, as per mandate produced; the mandate in this respect is a general one, and
the objection of ike Presentee lefers to one part of the duty which the agent may perform, but they are
also authorised to support the objections, and generally to act for the Objectors as if personally present,
^d to take every step, and do every act competent to the mandants as Objectors to the present settle-
ment The first objection, therefore, proceeds upon a partial view of the scope of the mandate, which
is expressed in the usual form. 2d, The Objectors are entitled to appear at all meetings of this Pres-
bytery, during the dependence of the present proceedings, and are entitled to be represented by an agent
at all the diets, without any limitation to a particular meeting. 3d, The parties, James Madkerrol and
•Janet Scott, have been sustained as Objectors, and are therefore entitled to sign the mandate, and, as
parties in these proceedings, possess the same privileges as the Presentee himself.
After reasoning, the Presbytery found that Ann Mackerrol has no right to appear before the Pres-
bytery by mandatory; but sustained the mandate as modified, in as far as respects James Mackerrol and
Janet Scott. Against which finding, in so far as it sustains the mandate, the procurator for the Pre-
sentee protested and appealed, vt supra; but in as far as it does not sustain the same, he acquiesced,
took instruments^ and craved extracts, which were allowed*
14
REOORD.
Mr Weir, on the part of the numdants, aoqtdesoed in the finding of the Pteebjteiy; the FresbTtery,
in accordance with their resolution, proceeded to take proof in the ]^dalton case.
The sermons, preached by the I^resentee in the Church of Kildalton, on Sabbath, the first day of
August, Sabbath, the eighth, and Tuesday the tenth days of August, were produced by the moderator,
and attested by him and the clerk, before the Presbytery, which the Objectors held as part of the proof,.
And which were received of consent of both parties as such.
The following witness, Mr Walter Graham, Distiller, Ardinistle, compeared, who^ being solemnly
sworn and examined, in tnitialibui, his evidence was entered in the separate Record.
The Presbytery adjourned to meet here to-morrow at twelve o'clock noon, to proceed with the
case. — ^The meeting was closed with prayer. (Signed) Dakibl Maophds, Moderator.
VL—EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At the Pabish Chttbgh of Eildalton, the fourteenth day of October, one thousand eight
hundred and fifty-eight years —
Which day and place the Presbytery of Islay and Jura being met and constituted. Sederunt
— ^The Revd. Daniel Macphie, moderator; Lachlan Mackenzie, Jura and Colonsay; Jamea
Dewar, Oa; James Dewar, Eilchoman; and Donald Macdonald, Presbytery Clerk.
The minutes of last meeting being read end approved of, Mr Dewar, Kilchoman, was appointed
derk, pro tempore, whereupon the oath, dejideli, was administered to him.
William Webster, Esquire, produced a commission in his favour from the Kirk Session of Bow-
more, as ruling elder, whidi the Presbytery sustained; Mr Webster's name was accordingly added to
the roll of Presbyteiy.
The clerk produced reasons of protest from the agent of the Presentee to Kildalton, which were
received in due time, against the deliverance pronounced by the Presbytery, at their meeting in Bridg-
end, on the eighth day of September, in this case.
The examination, in cansa, of Mr Walter Qraham, one of the witnesses for the Objectors to the
Presentee to Kildalton, was concluded.
The Presbytery adjourn to meet in Bridgend for the examination of Students, upon Thursday the
twenty-first current. — Closed with prayer, and
(Signed) Daniel Maophde, Moderator.
Vn.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Bbidoend, the twenty-first day of October, one thousand eight himdred and fifty-eight
years —
Whidi day and place the Presbytery of Islay and Jura being met and constituted. Sederunt —
The Rev. James Dewar^ Kildboman, moderator P.T. ; William Webster, Esquire, ruling,
elder ; and Donald Macdonald, Presbytery Clerk.
The minutes of last meeting were read, but their approval was deferred until a future meeting.
The Clerk stated that this meeting was appointed for the express purpose of examining students
preparatory to their enrolment in the Divinity Hall next session ; but as one of the members was to
be particidarly engaged this day on important business elsewhere, the Presbytery authorised the
Moderator and the Clerk to proceed with the examination of those students on their arrival, and to
report to next meeting of Presbytery.
The Presbytery ^joum to' meet in the Parish Church of Kildalton, upon Tuesday, the twenty-
third proximo, to proceed with the proof in the Kildalton case, and also to take up any other business
that may come before them. — Closed with prayer. (Signed) Daniel Macphie, Moderator.
Vm.-.EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At the Parish Chubch of Kildalton, the twenty-third day of November, one thousand eight
hundred and fifty-eight years —
Which day and place the Presbytery of Islay and Jura being met and constituted. Sederunt —
The Rev. Daniel Macphie, Portnahaven, Modr.; James Dewar, Kilchoman; James Dewar,
Oa; Lachlan Mackenzie, Jura and Colonsay ; and Donald Macdonald, Kilmeny, Pres. Clk.
The minutes of the two last meetings were read, and the approval of them was deferred, so far as
the Kildalton case was concerned.
BEOOBD.
15
Compeared Mr Duncan Taylor, student of divinity, who produced a certificate from Dr Hill, pro-
fessor of divinity, stating his enrolment in the Divinity Hall during session 1 856-7, and that he
deliyered a lecture and an ex^esis with approbation, and that his conduct was in every respect suitable
to his views; he also produced certificates of his attendance, fbr three sessions, in the University of
Heidleb^ in the Grand Duchy of Baden, in Qermany. In the summer session of 1857, studied Biblical
Criticism under Professor Umbreit, and also by Professor Kamphausen; and in the winter session of
1857-8^ BibUcal Criticism of the Old Testament by Professor Umbreit, Church History by Professor
Hundesdiagen, Hebrew by Kamphausen, Encydopedie of Theology by Professor Boihe. In the summer
of 1858, the Life of Christ by Rothe, Church History by Hundeshagen.
The Presbytery having examined Mr Taylor on Theology, had reason to be satisfied with his pro-
ficiency, and enjoined the Clerk to give him the necessary certificate to enable him to be enrolled in the
Divinity Hall this session.
The Report for the Ministers' Widows Fund for the 115th year was examined, found correct,
attested by the Moderator and Clerk, and ordered to be transmitted to EdinburgL
The committee gave in the Report of the Examination of Students, which was sustained.
The Presbytery adjourn, to meet in the Church of Kildalton, at 12 o'clock to-morrow. — Closed
with prayer. (Signed) Daniel Macfbis, Moderator.
DL— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At the Chuboh of Kildalton, the twenty-fourth day of November, one thousand eight hun-
dred and fifty-eight years —
Which day and place the Presbytery of Islay and Jura being met and constituted. Sederunt —
The Rev. Daniel Macphie, moderator; Lachlan Mackenzie^ Jura and Colonsay ; James
Dewar, Oa ; James Dewar, Kilchoman ; and Donald Macdonald, Eilmeny, Pres. Clerk.
The minutes of last meeting were read and approved of
This being the meeting for appointing a Moderator for the ensuing year, the Reverend Mr Dewar,
of Oa, was unanimously elected, and accordingly took the chair.
The parties in the Kildalton case not having appeared, the Presbytiery a4joum to meet in the
Church of Kildalton, at twelve o'clock to-morrow.— Closed with prayer.
(Signed) Jamss Dewab, Modr.
X.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Kildalton Chubch, the twenty-fifth day of November, one thousand eight hundred and
fifty-eight years —
Which day and place the Presbytery of Islay and Jura being met and constituted. Sederunt
— ^The Revd. James Dewar of Oa, moderator; Daniel Macphie, Portnahaven; James Dewar,
Kilchoman; Lachlan Mackenzie, Jura and Colonsay; and Donald Macdonald, Kilmeny,
Presbytery Clerk.
The minutes of last meeting were read and approved o£
The Presbytery then proceed with the Kildalton case, when Alexander Macdonald, Esquire,
Writer, Greenock, appeared for the Presentee, and Hugh Dempster, Esquire, Writer, Greenock, and
Allan Weir, Esquire, Writer, Greenock, for the Objectors.
These gentlemen stated that they were unable to be present on 23d November, owing to a dense
fog on the Clyde preventing the steamer from arriving at Port-EUen until this morning.
The agent for the Objectors produced warrant from the Presbytery of Mull for dtiog witnesses
within the bounds of that Presbytery, dated 2d November, 1858, which was read, and executions of
citations against several parties who fidled to appear.
Mr Dewar, Kilchoman, was appointed Clerk, P.T., in the usual manner, and the oath de fiddi
administered to him.
Donald Macpherson, residing at Tobermory, was examined as a witness for the Objectors — his
-evidence was entered in the sepan^ Record, and completed.
The Presbytery adjourn to meet to-morrow at Port-EUen at 12 o'clock noon. — Closed with prayer.
(Signed) James Dewar, Modr.
16
BEOOBB.
XL— EXTRACT FROM THE RECORDS OP THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, and within the Pariah School-honae there, the twenty-aixth day of November,
eighteen hundred and fifty-eight years —
Which day the Presbytery of laUy and Jura being met and constituted. Sederunt — The Bev.
James Dewar, of Oa, moderator ; Daniel Macphie, Portnahaven ; James Dewar, Kilcho-
man : Lachlan Mackemde, Jura and Colonsay ; and Donald Macdonald, Eilmeny, Presby-
tery Clerk.
The minutes of last meeting were read and approved o£
Mr Dewar, of Eilchoman, was appointed Clerk P.T., in the usual manner, and the oath de
Jiddi administeied to him.
The Presbytery then proceeded with the Kildalton case, when there appeared for the Presentee
Alexander Macdonald, Esquire, writer, Greenock, and for the Objectors, Hugih Dempster, Esquire,
writer, Oreenock, and Alan Weir, Esquire, writer, Greenock.
Mr Colin Hay, Distiller, residing at Callumkill, compeared as a witness for the Objectors, his
examination was so far completed and entered in the separate Record.
The Presbytery adjourned to meet here at six o'clock p.m., and the witness was cited, apud acta,
to appear at that diet. — Closed with prayer.
(Signed) James Dewar, Modr.
XBL— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, and within the Parish School-house there, the twenty-sixth day of November,
eighteen hundred and fifty-eight, six o'clock p.m. —
The Presbytery of Islay and Jura being met and constituted according to adjournment. Sede-
runt— ^Rev. James Dewar of Oa, moderator; Daniel Macphie, Portnahayen; James Dewar,
Kilchoman; Lachlan Mackenzie, Jura and Colonsay; and Donald Macdonald, Kilmeny,
Presbytery Clerk
The minutes of last meeting were read and approved of
The Presbytery proceeded with the Kildalton case, when Alexander Macdonald, Esquire, writer,
Greenock, appeared for the Presentee, and Hugh Dempster, Esquire, and Alan Weir, Esquire, writer^
Oreenock, for the Objectors.
Mr Dewar, Kilchoman, was appointed Clerk P.T., in the usual manner, and the oath de fdeli
administered to him.
Mr Colin Hay, distiller, residing at Callumkill, re-compeared, and his evidence-in-ehief was com-
pleted, and entered upon the separate Record.
The Presbytery, in consequence of the lateness of the hour (two o'clock &m.), ac^ouro to meet
Tdthin the Parish Church of Kildalton, on Monday, the 29th current^ at 12 o'clock, reserving to Mr
Macdonald the right to cross-examine the witness at that diet — Closed with pmyer.
(Signed) Jabibs Dewab, Modr.
XHL— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Kildalton Chubch, the 29th day of November, 1858 years —
Which day the Presbytery of Islay and Jura being met and constituted. Sederunt — ^The Rev.
James Dewar of Oa, moderator : James Dewar of Kilchoman; Daniel Macphie, Portnahaven;
Lachlan Mackenzie, Jura and Colonsay; Donald Macdonald of Kilmeny, Presbytery Clerk.
The minutes of last meeting being read and approved of, the Presbytery adjourn, to meet at the
School-house, Lagavulin, to-day, at 2 o'clock p.m. — Closed with prayer.
(Signed) Ja&ies Dewar, Modr.
BECOBD.
ir
EXTRACT FROM THE BECOBBS OF THE PBESBYTEBY OF ISLAY AND JUBA.
At LiLOATULiir, and within the School there, Eodem die^ 2 o'clock p.m.
Which day and phice the Presbytery of Isky and Jura being met and constituted. Sederont —
The Key. James Dewar of Oa, moderator; James Dewar, Kilchoman; Daniel Macphie,
Fortnahaven; Tjachlan Mackenzie^ Jura and Oolonsay; and Donald Maodonald, Presbytery
Clerk.
The minutes of last meeting being read and approved o^ the Presbytery proceeded with the Kil-
dalton case, when there appeared parties' procurators as at last diet.
Colin Hay was examined, and his evidence was completed and entered upon the separate Becord;
also. Miss Horatia Perry Graham was examined, and her evidence was so fax complete and entered
upon the separate Record.
The Presbytery adjourn, to meet here to-morrow at 12 o'clock noon. — Closed with prayer.
(Signed) James Dewab, Modr.
XV.— EXTBACT FBOM THE BECOBDS OF THE PBESBYTEBY OF ISLAY AND JUBA.
At Laoayuun, and in the School-house there, the thirtieth day of November, one thousand^
eight huncbed and fifty-eight years —
Which day and place the I^esbytery of Islay and Jura being met according to adjournment and
constituted. Sederunt — ^Tlie Bev. Daniel Macphie; the Rev. Mr Dewar, Kilchoman;
William Webster, Esquire, elder ; and Donald Maodonald, Presbytery Clerk.
In absence of the moderator, Mr Macphie was appointed moderator P.T.
The minutes of yesterday's meeting were read and approved o£ The Presbytery proceeded with
the Eildalton case, when parties' procurators appeared as at last diet
Examination of Miss Graham was begun, in the course of which Mr Dewar of Kilchoman having
been re-appointed clerk pro tempore^ and the oath defddi administered to him, in the course of the ex-
amination, the Bev. Mr Mackenzie, and the moderator, Mr Dewar of Oa, having entered the Court, the
moderator, Mr Dewar, took the chair. The evidence of Miss Qraham was &en proceeded and com-
pleted in tiiie separate Becord.
The Presbytery adjourn to meet in the School-house of Port-EUen, at eleven o'clock A.H., to-
morrow.— Closed with prayer, and
(Signed) James Dbwab, Moderator.
XVI.— EXTBACT FBOM THE BECOBDS OF THE PBESBYTEBY OF ISLAY AND JUBA.
At the Parochial School-house of Kildaltobt, Port-Ellen, the first day of December, one
thousand eight hundred and fifty-eight years —
The Presbytery of Islay and Jura being met in terms of adjournment and constituted. Sederunt —
the Bev. Daniel Macphie; James Dewar, KUchomanj William Webster, Esquire, elder;
and Donald Macdonald, Kilmeny, Presbytery Clerk.
In absence of the moderator, Mr Macphie was appointed moderator P.T.
The Kildalton case was proceeded with, when there appeared Hugh Dempster, Esquire, writer,.
Greenock, for the Objectors, and Alex. Macdonald, Esquire, for the Presentee.
The minutes of last meeting were read and approved of.
Mr Dewar, Kilchoman, was re-appointed derk P.T. in the usual manner, and the oath defddi
administered to him.
Mr James Mackerrol was examined as a witness for the Objectors, and his evidence was taken
€U)wn in the separate Becord.
Port-EUen, 4 p.m. — ^The Presbytery aoyoumed to meet here at 5 o'clock p.m. — Closed with prayer.
(Signed) James Dewab, Moderator.
c
18
BEOOBD.
XVIL— EXTBACT FBOM THE BECOBDS OF THE PBESBYTEBY OF ISLA.Y AND JT7BA.
The Presbyteiy met in terms of adjournment in tlie School-house of Port-Ellen. Sedenmt
ut suproy being re-constitated, the Eildalton case was proceeded with.
The witness, James Mackerrol, re-appeared for cross-examination; his evidence was completed and
entered in the separate Record.
The following supplies were appointed for the Parish of Kildalton, viz.: — ^Mr Brodie on the
twelfth current; Mr Macidonald, Eilmeny, on the twenty-sixth; Mr Dewar, Oa^ on the ninth of January;
Mr M'Kenzie, Jura, on twenty-third of Januaiy ; Mr Macphie on the sixth of Februaiy.
The Presbytery adjourn to meet at Kildalton upon Tuesday, the eighteenth of Januaiy next —
Closed with prayer.
(I^gned) Jahes Dewab, Moderator.
XVra.— EXTRACT FROM THE BECOBDS OF THE PBESBYTEBY OF ISLAY AND JURA.
At the Pabish Church of Kildalton, the eighteenth day of January, eighteen hundred and
fifty-nine years —
The Presbytery of Islay and Jura being met and constituted. Sederunt — ^The Rev. James
Dewar, Oa, moderator; Lachlan ^(Uckenzie, Jura and Golonsay; James Dewar, Eilcho-
man; and William Webster, Esquire, Daill, elder; and Donald Macdonald, Eilmeny,
Presbytery Clerk.
The minutes of last meeting being read and approved o^ the members appointed at last meeting
to supply the pulpit of Kildalton, stated that they had obtempered the orders of the Presbyteiy by
preadiing in the Parish Church of Kildalton on the days appointed.
The Presbytery proceeded to the consideration of the Kildalton Case.
Mr Dewar, Kilchoman, was appointed Clerk P.T. in the usual manner, and took the oath de JiddL
Hugh Dempster, Esquire, writer in Greenock, appeared as agent for the Objectors, and Alexander
Macdonald, Esquire, writer there, for the Presentee.
Compeared John Maclean, dioemaker in Tobermory, as a witness for the Objectors, against whom
an execution of citation was produced, and dated tenth day of January, eighteen hundred and fifty-
nine. The agent for the Objectors also produced an execution of citation, dated eighth of Januaiy
curt, against John MacCallum, tenant, Derrynacuilean, and Roderick Madeod, tenant, Cameron, both
within the parish of Kinlochspelvie, and Presbytery of Mull, who being thrice called within the
Church, and at the most patent door of the Church of Kildalton, failed to appear, the above-
mentioned John Maclean was solemnly sworn and interrogated as a witness for the Objectors. His
evidence was taken down in the separate Record, and conduded.
The Presbytery adjourn, to meet at Port-Ellen at twelve o'clock noon to-morrow. — Closed with
prayer.
(Signed) James Dewar, Moderator.
XIX.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Port-Ellen, the nineteenth day of Januaiy, eighteen hundred and fifty-nine-^
The Presbytery of Islay and Jura being met and constituted. Sederunt — ^The Rev. James
Dewar, Oa, moderator; Lachlan Mackenzie, Jura and Colonsay; James Dewar, Kilcho-
man ; Donald Macdonald, Presbytery Clerk ; and William Webster, Esquire, Daill, elder.
The minutes of last meeting being read and approved of, the Presbytery proceeded with the Kil-
dalton Case, when there appeared Hugh Dempster, Esquire, writer in Greenock, agent for the
Objectors, and Alexander IkLuxlonald, Esquire, writer there, as agent for the Presentee.
BECORD.
19
The Plresbyteiy re-appointed Mr Dewar of Sjlchoman Clerk P.T., whereupon the oath de fideli
adminiatered to him.
Compeared Mr James Stoart, stadent of divinity, Glasgow, as a witness fi>r the Objectors, who
was solenmly sworn — ^his evidence was entered in the separate Beoord and completed.
The Presbytery a4joamed^ to meet here at six p.m. this evening. — Closed with prayer.
(Killed) Jamus Dewab, Moderator.
XX.-.EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
Pobt-Ellen, Eodem die, 6 p.m.
The Presbytery met and was constituted. Sederunt ut supra.
The derk produced reasons of protest and appeal for the Bevd. Angus Macintyre, lodged in hia
hands, sixth day of December last, which were ordered to be docqueted and kept in retentii.
Compeared Dugald Macdougall, residing at Portintruan, as a witness for the Objectors, who was
solemnly sworn and examined.
At this stage of the business, Mr Duncan Macalpine, Parochial Schoolmaster of Eildalton, residing
in Pbrt-Ellen, was appointed to interpret, and the oMide fddi admmisiratione qfieii, was adndnistered
to him.
Dugald Macdou^all's evidence was completed and entered in the separate Becord.
The Presbytery adjourn, to meet here to-morrow at twelve o'clock noon. — Closed with prayer.
(Signed) James Dewab, Moderator.
XXI.— EXTBACT FBOM THE BECOBDS OF THE PBESBYTEBY OF ISLAY AND JIJBA.
At Pobt-Ellen, the twentieth day of January, eighteen hundred and fifty-nine years —
The Presbytery of Islay and Jura met and being constituted. Sederunt — ^The Bevd. James^
Dewar of Oa, moderator; Lachlan Mackenzie, Jura and Colousay; James Dewar, Eilcho-
man; DcMiald Macdonald, Eilmeny, Presbytery Clerk; and William Webster, Esquire,
Daill, elder.
The minutes of last meeting being read and approved of, Mr Dewar, Eilchoman, was appointed
dericy P.T., in the usual manner, and the oath de fiddi administered to him.
Hugh Dempster, Esquire, writer in Qreenock, appeared as agent for the Objectors, and Alex.
Macdonald, Esquire, writer there, agent for the Presentee.
Compeared Peter Macdougall, cartwright, Port-EUen, who was solemnly sworn and examined as a
witness for the Objectors — his evidence was so far completed, and entered in the separate Becord.
The Presbytery a4joumed to meet here at twelve o'clock noon, to-morrow. — Closed with prayer.
(Signed) James Dewab, Moderator.
XXn.— EXTBACT FBOM THE BECOBDS OF THE PBESBYTEBY OF ISLAY AND JUBA.
At Pobt-Ellen, the twenty-first day of January, eighteen hundred and fifty-nine —
The Presbytery oi Islay and Jura met and being constituted. Sederunt— The Bevd. Jamea
Dewar of Oa, moderator; Lachlan Mackenzie, Jura aud Colonsay; James Dewar, Eilcho-
man; Donald Macdonald, Presbytery Clerk, ministers; and William Webster, Esquire,
Daill, elder.
The minutes of last meeting were read and approved of.
20
BEOORD.
The Presbytery then proceeded with the Eildalton case.
Hugh Dempster, Esquire, writer in Qreenock, appeared as agent for the Objectors, and Alex. Mac-
donald. Esquire, writer there, as agent for the Pr^entee.
Mr Dewar, Kilchoman, was appointed derk, P.T., in the usual manner, and the oath de fddi
administered to hiuL
Compeared Janet Macdonald, Laphroig, as a witness for the Objectors, who being solemnly sworn
and examined, her evidence was completed, and entered in the separate Record.
Compeared also, Duncan Macdougall, joiner, Port-Elleu, who was solenmly sworn and examined
as a witness for the Objectors — ^his evidence was completed, and entered in the separate Record.
The Presbytery adjourn, to meet in Port-Ellen, on Monday next, 24th current — Closed with
prayer.
(Signed) James Dewab, Moderator.
XXin.— EXTRACT FROM THE RECORDS OP THE PRESBYTERY OP ISLAY AND JURA.
At Pobt-Ellen, the twenty-fourth day of January, ei^teen hundred and fifty-nine years —
The Plresbytery of Islay and Jura being met and constituted. Sederunt — ^The Revd. James
Dewar, of Oa, moderator; Lachlan Mackenne, Jura and Oolonsay; James Dewar, Eilcho-
man; Donald Macdonald, Presbytery Clerl^ ministers; and William Webster, Esquire^
Daill, elder.
The minutes of last meeting being read and approved o^
The Presbytery proceeded with the Eildalton case, when Hugh Dempster, Esquire, writer in
Qreenock, appeared as agent lor the Objectors, and Alex. Macdonald, Esquire, writer there, as agent for
the Presentee.
Mr Dewar, Kilchoman, was appointed derk, P.T., in the usual manner, and the oath dt Jiddi
administered to him.
Compeared Archibald Campbell, elder of Eildalton, as a witness for the Objectors, who was
solemnly sworn and examined — ^Us evidence was entered in the separate Record, and proceeded witk
so far.
The Presbytery adjourned, to meet to-morrow at twelve o'clock noon. — Closed with prayer.
(ffigned) Jaicjbs Dswab, Moderator.
XXIV.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, the twenty-fifth day of January, eighteen hundred and fifty-nine years —
Which day the Presbytery of Islay and Jura being met and constituted. Sederunt — ^The Rev^
James Dewar of Oa^ moderator; Lachlan Mackenzie, Jura and Colonsay; James Dewar,
Eilchoman; Donald Macdonald, Presbytery Clerk, ministers; and William Webster, Esquire,
DaiU, elder.
The minutes of last meeting being read and approved of^ the P^bytery proceeded with the Eil-
<]alton case, when Hugh Dempster, Esquire^ writer in Oreencwk, i^peared as agent for the Objectors^
and Alex. Macdonald, Esq., writer, there, as agent for the IVesentee.
Mr Dewar, Eilchoman, was re-appointed Qerk P.T.
Re-compeared Archibald Campbell, elder of Eildalton, the preceding witness, who being again
solemnly sworn and cross-examined for the Presentee, his evidence was completed and entered in the
separate Record.
The Presbytery a4joumed, to meet here at 8 p.m. — Closed with prayer.
(Signed) Jambs Dewab, Modr.
BEOOBD.
21
XXV.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, Eodem die, hora tva p,m.
The Presbytery of Islay and Jnra met and was constituted. Sederunt — ^The Bev. James Dewar,
Oa, moderator; Lochlan Mackenzie, Jura and Colonsay; James Dewar, Eilchoman; and
Donald Macdonald, Presbytery Clerk.
The minutes of last meeting being read and approved of, the Kildalton case was proceeded with,
-when Hugh Dempster, Esquire, writer in Qreenock, appeared for the Objectors, and Alex. Macdouald,
Esquire, writer, there, as agent for the Presentee.
Compeared Donald A^cdonald, minister of Kilmeny, Clerk to the Presbytery of Islay and Jura,
who was solemnly sworn and examined as a haver, and produced the discourses preached by Mr
Macintyre, the Presentee to Kildalton, on the first, eighth, and tenth days of August last, being six in
number, and docqueted by the former moderator, the Rev. Daniel Macphie, Portnahaven, and by the
Olerk, and which were admitted by the agent of the Presentee to have been the trial discourses pr^ushed
by the Presentee on the occasions referred to, and conform to minute thirteenth day of October last
Compeared Donald Junieson, church beadle, in the Parish of Kildalton, who was solemnly sworn
and examined as a witness for the Objectors. His evidence was completed so far, and entered in the
separate Record.
The Presbytery adjourn, to meet here to-morrow, at twelve noon. — Closed with prayer.
(Signed) James Dewab, Moderator.
XXVI.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, the twenty-sixth day of January, eighteen hundred and fifty-nine years —
The Presbytery of Islay and Jura met, and being constituted. Sederunt — ^The Bev. James
Dewar of Oa, moderator; Lachlan Mackenzie, Jura and Colonsay; James Dewar, Kilcho-
man; and Donald Macdonald, Kilmeny, Presbytery Clerk.
The minutes of last meeting being read and approved of^ the Presbytery proceeded with the Kil-
<Lalton case, when Hugh Dempster, Esquire, writer in Qreenock, appeared for the Objectors, and
Alexander Macdonald, Esquire, writer in Greenock, as agent for the Praentee.
Mr Dewar, of Kilchoman, was re-appointed Clerk P.T., and took the oath defdeLL
Re-compeared Donald Jamieson, elder, of the parish of Kildalton, who, being solemnly sworo
and cross-examined for the Presentee, his evidence was completed and entered in the separate Record.
Compeared Peter Reid, crofter, residing at the Lotts, parish of Kildalton, ^o refused to be
sworn, and was therefore not examined at the present diet.
The Presbytery a4joum to meet here at 7 p.m. this evening. — Closed with prayer.
(Signed) Jahes Dbwas, Moderator.
XXVn.— EXTRACT FROM THE RECORDS OF THE PRESBYTEBY OF ISLAY AND JURA.
At Pobt-Ellen, Eodem die, 7 timi hjra, p.m. —
The Presbytery met and was constituted. Sederunt ut mpra.
The minutea of last meeting being read and approved of, the Presbytery proceeded with the Kil-
dalton case, when parties* procurators appeared as above, and Mr riewar, Kilchoman, resumed as
Caerk P.T.
The agent for the Objectors moved the Presbytery to proceed with the reading of the Presentee's
trial discourses, which was objected to by the agent for the Presentee, who craved that the Presentee
should himself read the discourses to the Presbytery, or, as there were a great many contractions in-
22
BECOBD.
them, which would be tmintelligible, and that he should be allowed to make full and extended copies
thereof at the sight of and to be compared by the Clerk of the Presbytery, or by any member or
members thereof who may be appointed for that purpose.
The Presbytery resolved to defer reading the discourses to a future occasion, and also reserved
consideration of the craving by the Presentee's agent as to the reading or copying of the discourses.
The Presbytery adjourned to meet here to-morrow, at twelve o'clock, noon.— Closed with prayer.
(Signed) James Dbwab, Moderator.
XXVm.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellbn, the twenty-seventh day of January, eighteen hundred and fifty-nine years-—
Which day and place the Presbytery of Islay and Jura being met and constituted. Sederunt —
The Rev. James Dewar, of Oa, moderator ; Lachlan Mackenzie, Jura and Colonsay; James
Dewar, Kilchoman ; and Donald Macdonald, Eilmeny, Presbytery ClerL
The minutes of last meeting being read and approved of, the Presbytery proceeded with the Kil-
dalton case, when Hugh Dempster, Esquire, writer in Greenock, appeared as agent for the Objectors^
and Alexander Macdonald, Esquire, writer there, for the Presentee.
Mr Dewar, Kilchoman, was appointed Clerk P.T., and the oath (U fddi administered to hioL
The agent for the Objectors stated that he declared the proof-in-chief to be closed, excepting so*
fiur as additional evidence may be allowed or ordered by the Superior Court, and under reservation of
the Objectors' right to lead proof in replication, and to hear the sermons read.
procurator for the Presentee objected to the above reservation in terms of a representation
written at the close of the Objectors' proof; and, further, moved the Plresbytery to fix a diet for the
Presentee leading his proof, and to authorise the dork to issue a precept for citing witnesses and havers
on behalf of the Presentee.
The Presbytery fixed Wednesday, the twenty-third day of February, eighteen hundred and fifty-
nine, for the Presentee to go on with his proof, in the Parochial School-house at^ Port-Ellen, at twelve
o'clock noon, and authorise the derk to issue the precept craved for citing witnesses and havers.
The Presbytery appointed the following supplies for the Parish of Eildalton : — ^Mr Macphie, Port-
nahaven, on the sixth of February, and Mr Dewar, Kilchoman, on the twentieth.
The Presbytery enjoined the committee appointed to analyse the Call to meet here this afternoon,
and appointed Mr Dewar, the moderator, to assist them.
The Presbytery authorised the moderator to hold meetings of the Session of Kildaltao, and act in
cases of discipline that may come before the Session.
The Presbytery adjourn to meet in the Parochial School-house of Port-EUen, on Wednesday, twenty-
third February. — Closed with prayer.
(Signed) James Dewas, Moderator.
XXIX.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At the Parochial School-house of Pobt-Ellen, February twenty-third, eighteen hundred and
fifty-nine—
Which day and place the Presbytery of Islay and Jura being met and constituted. Sederunt —
the Rev. James Dewar of Oa, moderator; James Dewar, ELilchoman; Lachlan Mackenzie,
Jura and Colonsay; Daniel Macphie, Portnahaven; Donald Macdonald, Kilmeny, Presbytery
Clerk, ministers ; and William Webster, Esquire, Daill, elder.
The minutes of last meeting being read and approved of,
The P^bytery took up the Kildalton case, when there appeared Alexr. Macdonald, Esquire, as
j^^t for the Presentee, and Hugh Dempster, and Allan Weir, Esquires, agents for the Objectors.
At this stage, A. Macdonald, Esquire, the agent for the Presentee, stated that he could not proceed.
24
RECORD.
XXX.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Poet-Ellkn, twenty-third Febnuuy, eighteen hundred and fifty-nine^ 7 p.m. —
The Presbytery met according to adjournment Sederunt ul wprcL
The minutes of last meeting were read and approved o£ The Presbytery proceeded with the Eil-
dalton case. Alex. Macdonald, Esquire, writer in Qreenock, appeared as agent for the Presentee, and
Messrs. Dempster and Weir for the Objectors. Mr Dewar, Eildioman, was appointed Clerk P.T., and
took the oath defdelL
Compeared John Macintyre, farmer, Ardtaila, Parish of Eildalton, as a witness for the Presentee^
who was solemnly sworn and examined. His evidence-in-chief was completed, and was entered in the
separate Record.
The Presbytery acyoum, to meet at twelve noon, to-morrow, to proceed with the cross-examination
of the witness. — Closed with prayer.
(Signed) Jakss Dewab, Moderator.
XXXI.-EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, the twenty-fourth day of Februaiy, eighteen hundred and fifty-nine —
Which day and place the Presbytery of Islay and Jura being met and constituted. Sederunt —
The Rev. James Dewar of Oa, moderator; James Dewar, Kilchoman; Lachlan Mackenzie,
Jura and Colonsay; Daniel Macphie, Portnahaven; Donald Macdonald, Kilmeny, Presbytery
Clerk, ministers; and William Webster, Esquire, Daill, elder.
The minutes of last meeting being read and approved of, parties' procurators appeared as
formerly, viz., Alexander Macdonald, Esquire, as agent for the Presentee, and Hugh Dempster and
AUan Weir, Esquires, agents for the Objectors.
Mr Dewar, Kilchoman, was appointed Clerk P.T., in the usual manner, and took the oath defddi,
Re-compeared the foresaid John Madntyre, who, being again solemnly sworn and examined, and
cross-interrogated for the Objectors, his evidence was completed so &r, and entered in the separate
Record.
The Presbytery adjourn to meet in the school-house at 7 p.nL this evening.
The witness John Madntyre w^s summoned, apud acta, to appear at 7 p.m. in the school-house.
— Closed with prayer.
(Signed) James Dewab, Moderator.
XXXn.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
Pobt-Ellen, Eodem die, 7 p.m. —
The Presbytery of Islay and Jura being met and constituted. Sederunt ut supra.
Agents* parties as above.
Mr Dewar, Kilchoman, was appointed Clerk pro tempore, and took the oath de fddi
Re-compeared John Macintyre, who, being again solemnly sworn and cross-examined for the
Otjectors, his evidence was completed and taken down in the separate Record.
The Presbytery adjourn, to meet in Port-Ellen at eleven a.ra. to-morrow. — Closed with prayer.
(Signed) James Dewab, Moderator.
BEOORD.
25
XXXm.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At PoBT-ELLraTy the twenty-fifth day of Febnuury, eighteen hundred and fifty-nine years —
Which day and place the Presbytery of Ishiy and Jura bebg met and constituted. Sederunt —
Bev. James Dewar, Kilchoman ; Daniel Uacphie, Portoahaven ; Donald Macdonald, Kil-
meny. Presbytery Clerk, ministers; and WOliam Webster, Esquire, Daill, elder.
The Presbytery proceeded with the Kildalton case.
The Rev. Daniel Macphie, Portnahaven, was appointed Moderator P.T., in absence of the Rev.
Mr Dewar, the Moderator, and took the chair accordingly.
The minutes of last meeting being read and aj^roved o^ Alexander Maedonald, Esquire, writer
in Greenock, appeared as agent for the Presentee, and Hugh Dempster and Allan Weir, Esquires,
Writers there, for the Objectors.
Mr Dewar, Kilchoman, was appointed Clerk P.T., and the oath de fiddi administered to him.
Compeared Andrew Mac^bbon, slater, Port-Ellen, as a witness for the Presentee, who being
solemnly sworn, and interrrogated — ^bis evidence was taken down in the separate Record.
At this stage of the proceedings, Mr Dewar, the moderator, and the Revd. Lachlan Mackenzie,
who had a considerable distance to travel, entered the Court, and the moderator took the chair.
The said witness was cross-interrogated for the Objectors — ^his evidence was completed, and
entered in the separate Record.
The Plresbytery adjourned, to meet on Monday next^ the twenty-eighth current at twelve noon. —
Closed with prayer.
(Signed) Jambs Dkwar, Moderator.
XXXIV.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OFISLAY AND JURA.
At Post-Ellket, the 28th day of Feb., eighteen hundred and fifty-nine years —
The Presbytery of Islay and Jura being met and constituted. Sederunt — ^The Rev. Jamev
Dewar, Oa, moderator; Lachlan Mackenzie, Jura and Colonsay; James Dewar, Kilchoman;
Daniel Macphie, Portnahaven; Donald Macxionald, Ealmeny, Presbytery Clerk, ministers;
and William Webster, Esquire, Daill, elder.
The minutes of last meeting being read and approved o^ the Presbytery took up the Eildalton
case, when Alex. Maedonald, Esquire, writer in Greenock, appeared as agent for the Presentee, and
Hugh Dempster and Allan Weir, Esquires, writers, there, for the Objectors.
Compeared Donald Black, student, residing at Salen, Island of Mull, as a witness for the Presentee,
who being solemnly sworn and examined, his evidence was entered in the separate Record, so £ir. The
witness Black was cited to appear by the moderator a'pud aeta.
The Presbytery a4joum, to meet in the School-house, at 7 p.m. — Closed with prayer.
(Signed) Jamss Dewab, Moderator.
XXXV.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, Eodem die^ 7ma hara p.m. —
The Presbytery of Islay and Jura being met and constituted according to a4joumment
Sederunt — ^The Rev. James Dewar, moderator; Lachlan Mackenzie, Jura and Colonsay;
James Dewar, Kilchoman; Daniel Macphie, Portmdiaven; and Donald Maedonald, Kilmeny,
Presbytery Clerk.
The minutes of last meeting being read and approved of, Alex. Maedonald, Esquire, writer in
Greenock, appeared as agent for the Presentee, and Hugh Dempster and Allan Weir, Esquires, also
d
26
REOORD.
writers, there, as agents for the Objectors. Mr Dewar, Kilchoanan, was appointed Clerk F.T., and
took the oath de fiddi,
Re-compeared Donald Black, the said witness for the Presentee, and being solemnly sworn and
cross-examined for the Objectors, his evidence was completed and entered in the separate Record.
The Presbytery adjourn, to meet in Port-Ellen, at twelve o^dock noon, to-morrow. — Closed with
prayer.
(Signed) James Dewas, Moderator.
XXXVI.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, first March, eighteen hmidred and fifty-nine years —
Which day and place the Presbytery of Islay and Jura being met and constituted. Sederunt —
The Rev. James Dewar, of Oa^ moderator ; Lachlan Mackenzie, Jura and Colonsay ;
James Dewar, Ealchoman ; Samuel Macphie, Portnahaven ; and Donald Macdonald,
meny, Presbytery Clerk
The minutes of last meeting being read and approved of, the Presbytery proceeded with the Kil-
dalton case.
Alexander Macdonald, Esquire, writer in Qreenock, appeared as agent for the Presentee, and
Hugh Dempster and Allan Weir, Esquires, as agents for the Objectors.
Mr Dewar, Eilchoman, was appointed Clerk P.T., and the oath de fdeU administered to him.
Compeared John Macdonald, officer of Inland Revenue, Port-Ellen, who, being solemnly sworn
and interrogated as a witness for the Presentee, his evidence was so far completed and entered in
the separate Record.
The said witness was cross-interrogated for the Objectors, and his evidence was entered, so fiur an
proceeded with, in the separate Record.
The Presbytery adjourn to meet at 7 p.m., to proceed with the further examination of the afore-
said witness^ who was cited, apud ada, to appear at 7 p.m. this evening. — Closed with prayer.
(Signed) James Dewas, Moderator.
XXXm— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AlSfD JURA.
Pokt-Ellen, Eodem die, 7 p.m.
The Presbytery of Islay and Jura being met and constituted. Sederunt vt mpra.
Parties' procurators appeared as above.
Re-compeared the foresaid John Macdonald, who, being again solemnly sworn and cross-examined
for the Objectors, his evidence, so far as it was completed, was entered in the separate Record.
The witness was cited, apud add, to appear at eleven o'clock forenoon, to-morrow.
The Presbytery adjourn, to meet at eleven o'clock A.M., to-morrow. — Closed with prayer.
(Signed) James Dewab, Moderator.
XXXVnL—EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, the second day of March, eighteen hundred and fifty-nine years —
Which day and place the Presbytery of Islay and Jura being met and constituted. Sederunt
— ^The absence of the Revd. James Dewar of Oa, moderator, the Revd. Daniel Macphie,
the former moderator, took the chair ; present with him Revd. James Dewar, Kilchoman;
and the Revd. Donald Macdonald, ELUmeny, Presbytery Clerk
BECOBD*
The miiiiites of last meeting beiiig read and apfiioved of, tbe Fkeabi^teiy proceeded with the Kil-
dalton case.
Alex. Macdonald, Esqmrey writer in Gkeenock, i^ppeared as agent for the PkeBentee, and Hugh
Dempster, and Allan Weir, Esquires, also writers there, agents for the Objectors.
Mr Dewar, Kilchoman, was appointed clerk P.T., and took tiie oath de fiddi
Be-compeared John Macdonaid, the former witness, who, being again solemnly sworn and cross-
examined for the Objectors, his evidence was completed so far, and entered in the separate Record.
At this stage of the business, half-past twelve o'clock, Mr Mackenzie, Jura and Colonsaj, and Mr
Dewar, Oa, the moderator, having entered the Court, together with Mr Webster, Daill, elder, Mr
Dewar, the moderator, took the (£ajr. Thereafter the evidence of the present witness was completed
and entered in the separate Becord,
The Presbytery ad|joum to meet here to-morrow at eleven A.M. — Closed with prayer.
(Signed) Jambs Dswut, Moderator.
XXXDL— EXTRACT FROM THE BECOBDS OF THE PBESBYTEBY OF ISLAY AND JUBA.
At PoBT-EUiBN, March third, eighteen hundred and fifty-nine years —
Which day and place the Presbytery of Islay and Jura being met and constituted. Sederunt —
the Rev. James Dewar, Eilchomau ; Daniel Macphie, Portnahaven ; Donald Macdonald,
Kilmeny, Presbytery Clerk, ministers; and William Webster, Esquire, Daill, elder.
In the absence of Mr Dewar of Oat, the moderator, Mr Macphie, the former moderator, was
appointed moderator P.T., and took the chair.
The minutes of last meeting being read and approved of^
The Presbytery proceeded with the Eildalton case, when Alexr. Macdonald, Esquire, Writer in
Qreenock, appeared as agent for the Presentee, and Hugh Dempster, and Allan Weir, Esquires, also
Writers in Qreenock, as agents for the Objectora
Mr Dewar, Kildioman, was appointed derk P.T., and took the oath deJideU.
Compeared John Frazer, steamboat porter in Port-Ellen, who being solemnly sworn and exapiined
as a witness for the Presentee, his evidence was proceeded with so £ar and entered in the separate
Record.
At this stage of the proceedings, 12 o'dook noon, Mr Maokenrie, Jura and Cdkmsay, and Mr
Dewar, Oa, moderator, having entered the Court, the moderator took the chair.
The Presbytery a4joum to meet here at seven p.il this evening.
The witness was cited apud acta to appear at the meeting of Presbytery at 7 p.m. this evening. —
Closed with prayer.
(Signed) Jamsb Dkwab, Moderator.
XL.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, Bodem die, 7 p.m.
The Presbytery of Islay and Jura being met and oonstitoted. Sederunt wpra.
Parties' procurators also appeared as above.
The minutes of last meeting being read and approved ol, Mt Dewar, Kilchoman, was i^pointed
darit P.T., and took the oath de fiddi
The Presbytery proceeded with the Eildalton case.
Re-compeiured the foresaid witness, who being again solemnly sworn and examined as a witness
for the Presentee, and his evidence-in-ddef being proceeded with, was concluded and entered in the
separate Record.
Being thereafter cross-examined for the Objectors, his evidence was completed and entered in the
separate Record.
The Pre8b3rtery adjourn to meet at Port-Ellen on Monday next, the seventh day of March current
— Closed with prayer.
(Signed) Jambb Dbvab, Moderator.
28
RECORD.
XL!.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JUBA.
At Fokt-Ellbn, the seyaath day of Maibh, eighteen himdred and fifty-nine yean—
Which day and place the Presbytery of Islay and Jnra being met and conatitated. Sederont —
the Rev. James Dewar of Oa, moderator; James Dewar, Kilchoman; Donald Hacdonald,
Kihneny, Presbytery Clerk, ministers; and William Webster, Esquire, Daill, elder.
The minutes of last meeting being read and approved of, the Presbytery proceeded with the Kil-
dalton Case, when Alex. Macdonald, !^uire, writer in Greenock, appeared as agent for the Presentee,
and Hugh Dempster and Allan Weir, Esquires, also writers in Greenock, as agents for the Objectors.
Mr Dewar, Kilchoman, was appointed Clerk P.T., and the oath defiddi administered to him.
Compeared Alex. MacCuaig, general merchant and farmer, Port-EUen, who was solemnly sworn and
examined as a witness for the Presentee — ^his evidence-in-chief was completed and entered in the
separate Record.
Thereafter the foresaid witness was cross-examined for the Objectors, and his evidence was so fiur
completed and entered in the separate Record. The witness was cited apud acta to appear at
6 P.M.
The Presbytery adjourn, to meet at 6 p.m. — Closed with prayer.
(Signed) James Dewab, Moderator.
XLn.-.EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pokt-Ellen, March seventh, eighteen hundred and fifty-nine years, 6 p.m. —
The Presbytery of Islay and Jura being met and constituted. Sederunt — ^The Rev. James
Dewar of Oa, moderator; James Dewar, Kilchoman; Daniel Macphie, Portnahaven;
Donald Macdonald, Eilmeny, Presbytery Clerk, ministers; and William Webster, Esquire^
Daill, elder.
The minutes of last meeting being read and approved of, the Presbytery proceeded with the Kil-
dalton Case, when parties* procurators appeared as i^ve.
Mr Dewar, Kilchoman, was appoint^ Clerk P.T., and took the oath dejiddi,
Re-compeared the foresaid witness, who was again solemnly sworn and examined in Gaelic, and
being cross-examined for the Objectors, his evidence was so far completed, and entered in the separate
Record.
The Presbytery adjourn, to meet here to-morrow at eleven o'clock forenoon. — Closed with prayer.
(Signed) James Dbwae, Moderator.
XLin.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, the ei^th day of March, eighteen hundred and fifty-nine years
Which day and place the Presbytery of islay and Jura being met and constituted. Sederunt
The Rev. James Dewar, Kilchoman; Daniel Macphie, Portnahaven; and Donald Mac-
donald, Presbytery Clerk.
In absence of the moderator, Rev. Mr Dewar of Oa, Mr 3iacphie, the last moderator, took the
chair.
The minutes of last meeting being read and approved of, the Presbytery proceeded with the Kil-
dalton Case, when Alex. Macdonald, Esquire, writer in Greenock, appeared as agent for the Presentee^
and Hugh Dempster and Allan Weir, Esquires, also writers in Greenock, as agents for the Objectors.
Mr Dewar, Ealchoman, was appoint^ Clerk P.T., and took the oath defdeU,
Compeared Neil Black, labourer, residing at Port-EUen, who being solemnly sworn and examined
RECORD.
29
in GaeEe as a witoess for the Presentee, his evidence-in-cMef was oompieted and entered in the. separate
Becord.
At this stage of the business, Mr Dewar of Oa, the moderator, entered the Conrt, and took the
chair.
Compeared Doncan MacCoidg, innkeeper and farmer, Port-Ellen, who being solemnly sworn and
examined in inUialibus for the Objectors, his evidence was taken down in the separate Becord The
witness was cited apud acta to appear at the meeting of Presbytery at half-past 6 o'clock this evening.
The Presbytery adjourn, to meet at half-past 6 o'clock this evening. — Closed with prayer.
(Signed) James Dbwab, Moderator.
XLIV.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AITO JURA.
At Port-Ellen, half-past 6 p.m. of said day —
The Presbytery of leJay and Jura being met and constituted. Sederunt — ^The Rev. James
Dewar of Oa, moderator; James Dewar of KUchoman; Daniel Macphie, Portnahaven;
Jiachlan Mackenzie, Jura and Colonsay; and Donald Macdonald, Kilmeny, Presbyteiy
Clerk
The minutes of last meeting were read and sustained.
The Presbytery proceeded with the Kildalton case, when parties* procurators appeared as above.
Mr Dewar, Eilchoman, was appointed Clerk, pro tempore^ and took the oath dejiddi
Be-compeared Donald MacCnaig, the foresaid witness, and being again solemnly sworn and exa-
mined, in initialibu8f his examination was proceeded with so &r, and entered in the separate BeccmL
The witness was cited, apud acta, to appear at the meeting of Presbytery, at eleven o'clock
to-morrow forenoon.
The Presbytery adjourn, to meet here at 11 o'clock to-morrow forenoon. — Closed with prayer.
(Signed) James Dewab, Modmtor.
XLV.— EXTBACT FBOM THE BECOBDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, the ninth day of March, eighteen hundred and fifty-nine years —
Which day and place the Presbytery of Islay and Jura being met and constituted. Sederunt —
The Bev. James Dewar, of Oa, moderator; Tjachlan Mackenzie, Jura and Cdonsay;
James Dewar, Kilchoman ; Daniel Macphie, Portnahaven ; and Donald Macdonald, Kil-
meny, the Clerk of Presbytery.
The minutes of last meeting being read and approved of, the Presbyteiy proceeded with the Kil-
•dalton case, when Alexander Macidonald, Esquire, writer in Greenock, app^ued as agent for the Pt^
sentee, and Hugh Dempster and Allan Weir, Esquires, also writers in Oreenock, as agents for the
Objectors.
Mr Dewar, Eilchoman, was appointed Clerk pro tempore, and took the oath dejideli
Be-compeared the said Duncan MacCnaig, and being solemnly sworn, in inttiaUbus^ and cross-
interrogated as a witness for the Presentee, his examination was completed, and entered in the separate
Becord.
The Presbyteiy adjourn, to meet here at half-past seven o'clock this evening. — Closed with
prayer.
(Signed) James Dewab, Moderator.
XLVI.— EXTRACT FBOM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At PoBT-ELLEir, March the ninth, eighteen hundred and fifty-nice years, Eodetn die, half-past
seven p.m. —
42
RECORD.
LXVIL-^EXTRACT FROM THE RECORDS OF TBS PRESBYTERY OF ISLAY AND JURJL
At Pobt-Ellbk, April 6th, 1859 years —
¥^ch day and place the Flresbytery of Islay and Jura being met and oonstitated. Sederont —
The Rev. James Dewar of Oa^ moderator; James Dewar of Kilchoman; Daxdel Maqpthk^
Portnahaven; David Macdonald, Kilmeny, the Clerk of Presbyteiy.
The minutes of last meeting were read and approved o£ The Presbytery proceeded with the Kil-
dalton case, when Alexander Macdonald, Esquire, writer in Qreenock, appeared as agent for the Fn-
flentee, and Hugh Dempster, Esquire, also writer in Greenock, appeued as agent for the Objectoo:
Mr Dewar, Kildioman, was appointed Clerk P.T., and took the oa^ de JiddL
Compeared Thomas Macdonald, residing at Avenvoggie, who being solemnly sworn and examhwd
as a witness for the Presentee, lus evidence was completed and entered in the separate Record.
Re-compeared Donald Madntyre, the foresaid witness, who was again solemnly sworn and eroH-
examined for the Objectors, his evidence was so far completed and entered in the separate Record.
The witness was dted, apitd acta, to appear at next diet.
The Presbytery adjourn, to meet here at 7 p.m. tlus evening. — Closed with prayer.
(Signed) Jambs Dbwab^ Modr.
LXVnL— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, 7 P.M., April 6th, 1859—
The Presbyteiy of Islay and Jura being met and constituted in terms of a4joamment. Sede-
runt ut mpra.
Parties' procurators also appeared as abova
The Presbyteiy proceeded with the Eildalton case.
Re^mpe«red the said witness^ Donald Madntyre, who being again solemnly sworn and eramined
4W a witness for the Presentee, lus evidence was so hi completed and entered in the separate Record.
The witness was cited, c^ntd actOy to appear at next diet.
The Presbytery adjourn, to meet here to-morrow at twelve o'clock noon. — Closed with prayer.
(Signed) Jambs Dewab, Modr.
LXDL— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, April 7th, 1859 years —
Which day and place the Presbyteiy of Islay and Jura being met and constitnted in temifl of
adjournment Sederunt — ^The Rev. James Dewar, of Oa, moderator ; James Dewar, «f
Kilchoman ; Daniel Macphie, Portnahaven ; Donald Maodonald, Kilmeny, the Cleisk of
Presbyteiy.
The minutes of last meeting being lead and approved o^ the Presbyteiy proceeded with the Eil-
dalton case, when Alexander Macdon^d, Esquire, writer in Oreenock, appeiwed as agent for the Re-
aentee, and Hugh Dempster, Esquire, also writer in Greenock, appeared as agent for <£e Otgectom
Mr Dewar, Kilchoman, was appointed Clerk P.T., and took the oath de Jlddi
The said Donald Madntyre appeared in terms of the citation served upon him, apud acta.
The Presbyteiy^ at whose desire he appeared, dispensed with his farther examination, and Ut
evidence, as entered in the separate Record, is held to be completed.
The agent for the Presentee then declared his proof to be dosed.
The Presbyteiy agreed to meet this evening, for the purpose of hearing the Presentee's duccmnes
read, as part of the proof for the Objectors, which being duly intimated, &e Presbytery a^jooni, te
meet at 7 p.m. — The meeting was dosed with pr^er.
(Signed) Jambs DswaBi Modx.
RECORD.
31
Mr Dewar, KilchomaOy was appoiuted derk pro tempore^ and took the oath de JideU,
Be-compeared Duncan MacCaeig, innkeeper and farmer, Port-Ellen, who was solemnly sworn and
examined, m causa, as a witness for tiie Presentee, his evidence was completed, so tat, and entered in
the separate Record.
The Presbytery approve of the diligence of the committee appointed to analyze the CaU, reap-
point said committee, and enjoin them to have their report ready, if possible, for next meeting of
Presbytery.
With reference to a statement made by Duncan HacCuaig, a witness examined for the Presentee,
to the effect that he had seen one signing the objections to the Revd. Mr Macintyre's settlement, when in
a tipsy state, the Presbytery record that neither as a Court, nor as individuals, did they see any party
under the influence of liquor, nor any ground of suspecting any one of being in su<^ a state in the
Church of Kildalton, on the day of moderating in the Call, or signing the objections.
The Presbytery adjourned, to meet at Port-EUen, upon Tuesday the twenty-second day of March,
current. — ^The meeting was closed with prayer, and
(Signed) James Dswab, Modr.
XLIX.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, the twenty-second day of March, one thousand Eight Hundred and Fifty-nine
years —
Which day and place the Presbytery of Islay and Jura met^ in ter^ of a4joumment, and was
constituted. Sederunt — ^The Reverend James Dewar, Oa, moderator; James Dewar, Kil-
choman; Donald Macdonald, Kilmeny, the Clerk of Presbytery, ministers; and William
Webster, Esquire, Daill, elder.
Hie minutes of last meeting being read andUapprovcd o^ against which approval of the previous
minute the procurator for the Presentee protestea and appealed tathe ensuing meeting of the Qeneral
Assembly, took instruments, and cnived ejttracts, which were allowed, for the following and other reasons
to be stated at the discussion of this ^peal: —
1st, That the Presbytery has no right to interfere with the evidence led in this case, by recording
statements which may affect the proof led on either side, because, by doing so, they would virtually
make themselves witnesses in the case.
2d, The statements with r^ard to the party said to have been in a state of intoxication, which
are introduced into the minute, were not brought before the Court during the business for whidi they
were sitting as a Court, but after the examination of the witness was completed, and after the procunr
tor for the Presentee had left the Presbytery.
The Presbytery proceeded with the Kildalton case, when Alexander Macdonald, Esq., writer in
Greenock, appeared as agent for the Presentee, and Hugh Dempster and Allan Weir, Esquires, also
writers in Greenock, appeared as agents for the Objectors. Mr Dewar, Kilchoman, was appointed
Olerk pro tempore, and took the oath defiddi,
Re-compeared the said Duncan MacCuaig, as a witness for the Presentee, who being again solemnly
sworn, and his former depositions being read over to him, he was examined, and his evidence was con-
cluded in-chie^ and taken down in the separate Record.
The Presbytery adjourn, to meet here at half-past six o'clock, this evening.
The witness was cited oprnd acta to appear for cross-examination at said diet — ^The meeting was
•closed with prayer, and
(^gned) James Dewak, Modr.
L.
44
RECORD.
2d Objection, With regard to the second objectioi^ it was moved by the Bev. Mr Mackenae, seconded
byMrMacd^^^ and unanimously agreed to by the Presbytery, that the Presbytery find ^e seccmd
oojection^roven, ' in so £Eur as it states that the parish of Kildalton, with a population so widdy
scattered, requires a vigorous and energetic minister, but not proven quoad uUrcL
Parties* procurators having been called in, and the above judgment having been intimated to them^
the procurator for the Presentee acquiesced therein, in so fiu* as it finds the same or any part thereof
not proven ; but in so £Eur as it finds the same proven, at least to the extent of inferring that it has beei
proved that the parish in question requires a more vigorous and energetic minister than any ordinary
country parish, he does not acquiesce, and he took instruments and craved extracts vt supra.
The agent for the Objectors acquiesced in the preceding judgment on the second objection, in so
&r as it finds that Kildalton, with a population so widely scattered, requires a vigorous and energetic
minister, proven, took instruments and craved extracts, which were allowed ; but in so fiir as it finds the
said olgection to be quoad uUra not proven, they protested and appealed to the ensuing meeting of the
Qeneral Assembly, for reasons to be given in in due time, took instruments and craved extracts, which
were allowed.
3d Objection, It was moved by the Rev. Mr Dewar, Kilchoman, and seconded by Mr William
Webster, elder, and agreed to, that the Presbytery find the third objection is proven, in so fiur as it
states, that as ordered by the Presbytery, the Preisentee oflidated on three several days in the Parish
Church of Kildalton : That the Objectors are not satisfied with his manner of conducting the church
services : That the prayers were not offered up with solemnity : That the discourses were not edifying :
That the subject for the most part was unconnected with the texts, and that the discourses themselves
were not connected one part to another : And that on two of the said days on which the Presentee
oflidated, he did not, before sermon, read any portion of the Holy Scriptures; but not proven quoad
ultra.
The Rev. Mr Macdonald dissenting, except in respect that it is proved that the Presentee oflGiciated,
as ordered by the Presbytery, on thr«e several days in the Parish Church of Kildalton, and that the
Objectors are not satisfied with his manner of conducting the church services.
Parties being called in, and the above judgment having been intimated to them, the agent for the
Presentee acquiesced therein, in so &r as it finds the said objection, or any part thereof not proven;
but in so far as it finds the said objection, or any part thereof proven, he protests, and appeals to
the ensuing meeting of the General Assembly, for reasons to be given in in due time, took instruments
and craved extracts, which were allowed.
The agent for the Objectors acquiesced in the above judgment, in so &r as it finds the third
objection proven to the extent therein stated, took instruments and craved extracts, which were allowed;
but in so far as it finds the said objection to be not proven, they protest, and appeal to the ensnii^
meeting of the General Assembly, for reasons to be given in in due time, took instruments nud craved .
extracts, which were allowed.
4th Objection found irrevelant
5th Objection, It was moved by the Rev. Mr Mackenzie, and seconded by the Rev. Mr Mae- —
do^ald^and unanimously agreed to, that the Presbytery find the fifth objection proven in referenee to ^
l£e members of the English congregation only.
Parties* procurators having been called in, and the above judgm^t intimated to them, the procu —
xator for the Presentee protested and appealed to the ensuing meeting of the General Assembly agaan8t=
the same, in so fiur as it finds any part of the said objection proved, for reasons to be given in in due^
time, took instruments in the Clerk's hands, and craved extracts, which were allowed.
The agent for the Objectors acquiesced in the above judgment on the fifth objection, in so fsur aam
it finds the said objection to be proved, took instrumente in the Clerk's hands and craved extracts, wiudM.
were allowed; but in so &r as the said judgment does not find that the said objection has been provedi
to the full extent, and in terms thereof they protested and appealed to the ensuing meeting of the
General Assembly, for reasons to be given in in due time, took instmmentfl^ and craved extracts, which
were aUowed,
6th objection irrelevant
It was moved by the Reverend Mr Dewar of Kilchoman — ^Whereas, the first, second, third, and
fifth objections have been substantiated, in the judgment of the Ptebyteiy, to the extent and effect
above-narrated; therefore, the Presbytery, in respect of these objections, and having regard to the whole
circnmstances and condition of the parish, to the spiritual wel&xe and edification oi tiie people, and to
the character and number of persona by whom the said objectk>ns are prefeired: Find and deckure tkot
RECOBD.
S3
Be-compeared the said Dtmcan MacCaaig, who being again solemnly sworn and examined, his evi-
dence was completed and taken down in the separate Rea>rd.
The Report of the committee appointed to analyse the Call of *date March the tenth day, and then
ghren in and ordered to lie on the table, was taken up and read; also the Sapplementaiy Report, given
in this day was also read and both approved of by the Presbyteiy, and ordered to be engrossed in their
minntes; as also the interim Report, given in : — ^''At Port-Ellen, tiie tenth day of March, one thoosand
ei^t hondred and fifty-nine years, at 10 A.M.
The committee formerly appointed to analyse the Call met here in terms of the Presbytery's
instmctions. Present — Reverend Donald Macdonald, Presbyteiy Clerk, convener ; Reverend James
Dewar, Kilchoman ; and Reverend Lachlan Mackenzie, Jnra and Colonsay.
^ In the interim Report, already given in, it was stated that the Call in favour of Mr Macintyre
was signed, on the day of moderating in the Call, by thirteen individuals ; that two of these signed
fay marks, and that six of them were communicants ; that when in possession of the Session Clerk
twenty-one signed, of whom none were communicants, and that of these eleven signed by mark. Thus
£ur your committee found matters plain and easy. But in addition to the signatures above referred to,
there were adhibited to the Call names of individuals in behalf of whom the right was claimed in
virtue of writings bearing to be mandates granted by them to Mr Duncan MacCuaig, innkeeper, Port-
Ellen, Mr Archibald Macarthur, said Mr Duncan MacCuaig's barman and general servant, and Mr
Donald Macintyre, residing at Port-Ellen. Before proceeding to explain the difficulties which your
committee have experienced in scrutinising these documents, which were laid before the Presbytery,
they state their contents simply as they were laid before the Presbyteiy at Bridgend, vis., to number
1, Duncan MacCuaig, mandatory, there are appended forty-four names, of whom thirty-three signed
fay mark and eleven signed their own names, as attested by Archibald Macarthur, of the Steamboat
Tavern, who stated that they signed there. To mandate number 2, in favour of Archibald Mac-
iurthur, containing one hundred and forty signatures, of which seventy-eight signed their names in full,
and sixty-two by mark, the signatures are attested by the mandatoiy himself, by Sarah Shaw, John
Macintyre, and John Macdonald. To mandate number 3, in favour of Donald Macintyre, there are
adhibited twelve signatures, all written in full, and attested by John Mactintyre and A M'N.
To mandate No. 4, in favour of said Donald Macintyre, are adhibited four signatures, all apparently
written in the same hand, but not attested. To mandate number 5, in favour of said Donald Macin-
tyre, seven names are appended, two apparently written in the same hand, and five more in the same
hand, but different from that in the first two, attested by mandatoiy. To mandate number 6, in
£ivour of said Donald Macintyre, are adhibited thirty-one signatures, five of these apparently in the
same hand, three ditto, twenty ditto, attested by Duncan Macphie, Donald Macfiidyen, and the man-
datory. To mandate number 7, in fsvour of said Donald Macintyre, are appended thirteen signatures,
a number of them apparently in the same hand, attested by Donald Macintyre, mandatory, and Jamea
Cameron. To mandate number 8, in favour of Duncan MacCuaig, are appended thirty-five names^
nine of these written in full, and twenty-six by mark, attested by the mandatoiy and by Archibald
Macarthur. To the mandates are adhibited fifteen communicants. The committee have further to
report that various parties voluntarily compeared before them, requesting their names to be withdrawn
^m the Call or mandates, for reasons which the committee have not time to state, as the time
appointed for the meeting of Presbytery is now come, but which, along with other difficulties, they
are ready to lay before the Presbytery, with the least possible delay, when required.
(Signed) " Donald Macdonald, Convener."
''The committee have to report that ihey are satisfied that the word 'Independent^' after the
name of Duncan Macintyre, the third name on the right hand side of the Call, was written per
ifieuriam by the Moderator, on the day the Call was moderated in ; they report that the said Duncan
Macintyre has declared himself in their presence, to be an adherent of the Established Church.
(Signed) "D. Macdonald."
"At Port-EUen, the twenty-fourth day of March, eighteen hundred and fifty-nine years. On
which day the conunittee appointed to analyze the Call, met in terms of the Presbytery's injunction
— present, the Reverend T^chlan Mackemde; Beverend James Dewar, Kilchoman; the Reverend
Donald Macdonld, convener; also the moderator, Beverend James Dewar of Oa ; and the Beverend
Daniel Macphie. They report as follows: —
^ In the second report given in to the Presbytery, your committee stated that their difficulties com-
jnoiced with the examination of documents, purporting to be mandates, given by certain parties to Mr
\
34
BEGOBD.
Duncan MacCaaig, innkeeper, Port-Ellen, Archibald Macarthor, acting as barman for said Dnneant
MacCuaig, in the Steamboat Tavern, and Donald Macintyre, residing at Port-Ellen; and your com-
mittee are now to submit the result of their investigations, with reference to said documents^ as £v as
they have been able to investigate them. Your committee are at a loss how to designate the docu-
ments referred to. They are not, in the proper sense of the word, mandates. A mandate, your
committee consider to be authority, given by one in the ei^joyment of a privilege, but not in dream-
stances to exercise that privilege in person, to another person to act for him or her — and that authority^
accompanied with a request so to act, such the documents referred to are not; neither are they attested
in the way and manner in which mandates ought to be attested; they seem to be, and are allowed to
have been written out by the individuals in whose favour they bear to have been granted. And these
persons, or some of them, canvassed for mandates after they had got the headings written out An-
other objection your committee would point out, and it is this, that parties' names were put down, either
by full subscription or mark, while said parties never heard a mandate read, nor heard the Presentee
preach. However disagreeable it may be to make these statements, the committee consider it their datj
to do so. With reference to mandate No. 1, in favour of Mr Duncan MacCuaig, the heading seems to
have been written out by Archibald Macarthur, who attests, as witness, the signatures; and who^ as he
stated to the committee at a former meeting, then went round for signatures. There are adhibited the
names of five persons, viz., Thomas Macdonald, Donald Macdonald, Jessie Macdonald, Ann Macdonald,
and Margaret Macdonald, who are not parishioners, and Neil Darroch, who is said to belong to the
Free Church. With reference to mandate No. 2, bearing to be in favour of Archibald Macarthur, year
Committee have to report that they have gone over that document with great labour and care, and thaft^
even with the assistance of the mandatory and elders, and others, who ought to be well acquainted with
the parish, they have bad the utmost difficulty in ascertaining who some of the parties are whose
names appear there, and where they reside. The mandatory, as we are given to understand, is
an adherent of the Free Church, and his own name is not appended to the Call The document
has one hundred and forty-one names adhibited. Among these, there are the names of not more
than fourteen, if so many, who, in reference to the roll of communicants, are found to be mem-
bers of the congregation. The following parties, viz., John Macinnes, Archibald Brown, Samuel
Macfarlane, William Gilchrist, Qodfrey lavingstone, Isabella Clark, Angus Macinnes, Duncan Mac-
arthur, and Duncan Campbell, are said to be adherents of the Free Church. The following
parties, viz., Mary Macintyre, and Emily Macintyre, are adherents of the Free Church, and the signa-
ture of one of them, which is attested in its genuineness by John Macintyre, is declared by her
sister, Mrs Bell, not to have been in the island when her name was adhibited. The designatiora,
and places of residence of the following parties, viz., Angus Brown, Donald Campbell, Ann CampbeU,
Margaret Currie, Dugald Carmichael, Alexander Macintyre, John Macintyre Archibald Lindsay, Haiy
Campbell, and James Mackerrol, would require to be correctly ascertained. Henry MacCuaig, and
Coll Macdonald, are said not to be parishioners, at least the former. Your committee ciinnot state
whether or not Duncan Macintyre, signing the mandate, be the same that signed the Call in the
churcL The committee would suggest to the Presbytery tJie propriety of ascertaining the ages of the
following parties, viz., Malcolm Macintyre, Margaret Logan, Donald Mackerrol, and Duncan Mackay.
With reference to mandates number three, four, five, six, and seven, bearing to be in favour of Donald
Macintyre, your committee have to state that difficulties of various kinds have met them in the exami-
nation of these documents; as, for example, firom the erasures in numbers six and seven, it looks as if
the names of the mandates were put down anticipatively — a number of names are put down in the same
hand, the mandatory is often himself the attesting witness — he has declared that certain names adhibited
to some of these mandates, are in his own handwriting, which declaration the committee on comparing these
with his signature written in their presence, have a difficulty in admitting. Mrs Macallister, Maolbhuy,
and her two daughters, Mary and Margaret, declare, in writing given under their hand, that Donaki
Macintyre had no authority firom them to adhibit their namea Alexander Weir also declares that he
is a Free Churchman; that he never heard the Presentee preach; that he never heard mandate or Call
read; and that he never signed.
** Your Committee, with reference to parties appearing and wishing their names to be withdrawn
firom the Call, have to state that Peter Beid and Peter Clark gave as their reason, that they had not
heard the Presentee preach; that there was nothing but names on the paper which they signed; and tha;t
they were pressed by Archibald Macarthur to sign, when they were drinking in Duncan MacCuaig'a^
Archibald Mackay assigned as his reason, that he had signed when he had been drinking. Angna
Maoquarrie gave a similar rcasoa Duncan Mackay stated that he does not belong to the Established
liEOOBD.
35
Clrarch. Duncan Logan, that he had never heard the Presentee preach nor the Call read. The other
parties who, besides the above, requested their names to be withdrawn, are — Alexander Cameron, William
MacCuaig, John Macinnes, Duncan Sindair, Maiy Sinclair, his wife, and Mary Sinclair, his daughter,
and Robl^ Campbell Archibald Madn^re and Ronald Campbell, whose names are adhibited to
Donald Macintyre's mandates, are said to be under age.
^ With regard to the exact number of communicants whose names are adhibited to the mandates,
as a whole, your Committee, in concluding their report, leave that to be determined by the Presbytery,
if deemed necessary. (Signed) Donald Maodokald, Convener."
Against which resolution of the Presbytery approving of the said Reports, the procurator for the
Pkesentee protested and appealed to the General Assembly, took instruments, and craved extracts, which
were allowed, for the following and other reasons to be given in at the discussion of the present appeal:
Ist^ The Presentee, while he is not responsible for the acts of any parties who may have acted with
re^urd to the signing of the Call, or for any mistakes which may have been committed by any party,
from ignorance or otherwise, has to state — First, That the Committee were formed some six months
ago, for the purpose of analysing the Call, but not for the purpose of determining the l^gal value of the
mandates.
2df That the reports now given in should have been long ago produced, so as to have enabled
those interested to have made a thorough investigation with r^;ard to the statements contained in them.
3d, The proof for the Presentee being now nearly closed, he is prevented from bringing forward
such satisfactory evidence as he might have been otherwise enabled to do with r^ard to matter.
4th, That the reports proceed upon ex parte statements, said to have lieen given to the Committee
by persons whom the procurator for tiie Presentee has been afforded no opportunity of examining, and
at sittings of the said Committee at which he was not present, and of which he received no intimation,
and he is not, therefore, to be held as in any way homol(^ting the steps that have been taken,
or as admitting the correctness of the statements contained in Uie reports.
5th, The necessity for mandates arose from the Call having been left at a distance from the
residences of the great body of the parishioners, vis., Port-EUen, and these documents are as correctly
framed and executed as it was possible, in a remote country parish, for documents of this descriptioa
to have been.
6th, The procurator for the Presentee reserves right, if he shall be enabled to do so, at this late
stage of the case, to redargue the statements contained in the Reports, without prejudice to his objec-
tions against the sama
While the Presbytery have allowed the above protest and appeal, with reasons, to be entered on
their minutes, they do not admit that any party has a right to interfere with their proceedings
while constitutionally engaged in discharging an important duty such as they consider analyzing of the
CsUtobe.
The Presbytery adjourn, to meet at half-past eight this evening. — Closed with prayer.
(Signed) James Dswab, Moderator.
Lin.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, Eodem die —
The Presbytery of Islay and Jura being met and constituted in terms of adjournment Sede-
runt vi eupra.
Parties' procurators also appeared as above.
The Presbytery proceeded with the Kildalton case.
Mr Dewar, Kilchoman, was appointed Clerk P.T., and took the oath de Jideli
Compeared Thomas Armstrong, residing at Skye-house, shepherd to John Ramsay, Esq., of Kil-
dalton, as a witness for the Presentee, and b^ng solemnly sworn and examined, his evidence was taken
down in the separate Record.
The agent for the Presentee tendered two Certificates, under the hand of the Presbytery Clerk of
the Pftsbyteiy of Mull, which were obtained by the Presentee, and duly lodged with the Clerk of this
36
BECORD.
Presbytery on the respectiYe dates of 24th August, 1858, and November, 1858, and which are res-
pectiyely dated 17th August and 5th October, 1858, and craved that the same be recorded in ibmr
minutes in the usual way.
To the production and recording of which certificates the agent iot the Objectors objected, Is^
Because with reference to the first document, bearing date 17th August, 1858, it is not a Presbyterial
certificate, but a private certificate, signed by ''John Madeod, D.D., Minister of Morven," and is not
an extract from the Becord of any Presbytery, nor authenticated as Presbyterial certificates require ta
be authenticated.
2d, Because the second certificate, bearing date 5th October, 1858, although signed by the Mode-
rator and Clerk, pro tempore, of the Presbytery of Mull, is not duly authenticated.
3d, Because these documents, although now stated to have been duly lodged, have now, for the
first time, been seen by the Objectors or their agent, and entered in the Becords of this Presbytery,
and made part of the proceedings of this case.
4th, Because it is incompetent for the Presbytery to receive the documents in question as evidence
or to any effect. The said certificates having been read in the presence of the Presbytery, the Presbytery-
agreed to receive them, and ordered them to be recorded in their minutes.
''The Presbytery of Mull do not meet till the 28th current, and Mr Madntyre is thus unaUe to
procure, as he now desires, and otherwise might easily do, a Presbyterial certificate in usual form.
At the request, however, of several of the members, and with willing assent on my own part, I take
leave to certify, that since his appointment to his present charge — an appointment made in compliance
with the unanimously expressed desire of the parishioners — Mr Macintyre has succeeded, under very
great difficulties and disadvantages, in discharging his pastoral duties efficiently, and, as I have always
understood, to the entire satis&ction of his people. I feel assured that it will give all the members of
this Presbytery, as it will certainly afford me, much satisfaction to see Mr Macintyre inducted to the
parish to which he is now presented, where, with a large field of usefulness, he will enjoy for his family —
in whose welfare, from my having made the acquaintance of their much respected relatives elsewhere^
I feel an additional interest — advantages and comforts which have hitherto been in a great measure
denied them.
'* Given at Morven Manse, the 17th day of August, 1858.
(Signed) "John Maclbod, D.D., Minister of Morven."
"At Salen, the fifth day of October, Eighteen hundred and fifty-eight —
"Which day the Presbytery of Mull being met and duly constituted, inter alia —
"Mr Macint3rrc, minister of Kinlochspelvie, who is a Presentee to the Parish of Kildalton in Islaj,
requested a certificate from the Presbytery, bearing that no complaint was brought before the Presby-
tery by any of the parishioners of Eanlodispelvie of his having neglected his duties as a minister of
that parish. It being a fact that no such complaint was ever made, ti^e Presbytery unanimously agreed
to grant the certificate required. And they farther certify that it consists with their knowledge that
Mr Macint3n:e has been discharging his duties in the fistce of very great difficulties.
(Signed) "Duncan Clerk, Mod. P.T.
"MuNGO Campbeli^ aerk P.T."
Against which deliverance the agent for the Objectors protested, and appealed to the ensuing
meeting of the General Assembly, took instruments in the clerk's hands, and craved extracts which were
allowed, for the following, among other reasons, to be pled at the bar of the General Assembly, in sup-
port of this appeal: —
1st, Because it was incompetent for the Presbytery to receive, or order to be recorded, the doca-
ments in question, as they are not Presbyterial certificates, or duly authenticated as sucL
2d, Because certificates cannot be received as evidence, and can bear no faith or strength in judg-
ment, and ought to have been rejected.
3d, Because they have now been made productions in process for the first time at this diet, and
the Objectors have been taken by surprise, and afforded no opportunity of investigating the statements
which they contain, or of redarguing these statements.
The Presbytery adjourn, to meet here to-morrow, at 10 o'clock, ante meridiem. — Closed witk
prayer.
(Signed) James Dewab, Modr.
BECOBD.
LIV.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellek, March 25ihf 1859 years —
Which day and place the Presbytery of Islay and Jura met and was constitated Sederunt —
The Revd. Daniel Macphie, Portnahaven; Lachlan Mackenzie, Jura and Colonsay; James
Dewar, Kilchoman; and Donald Macdonald, Kilmeny, Clerk of Presbytery.
In the absence of the moderator, Mr Macphie took the chair.
The minutes of last meeting being read and approved of, the Presbyteiy proceeded with the Kil-
dalton case, when Alexander Macdonald, Esq., writer in Greenock, appeared as agent for the Pre-
sentee, and Hugh Dempster, and Allan Weir, Esquires, also writers in Oreenock, as agents for the
Objectors.
Mr Dewar, Kilchoman, was appointed clerk P.T., and took the oath de JiddL
Compeared Miss Jessie MacCuaig, Port-Ellen, who being solemnly sworn and examined as a wit-
ness for the Presentee, her evidence was completed, and taken down in the separate Recoid.
The Presbytery adjourn, to meet here on the 28th current — Closed with prayer.
(Signed) Daniel Macphie, Modr.
LV.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Port-Ellen, the 28th of March, 1859—
The Presbytery of Islay and Jura being met and constituted in terms of adjournment Sederunt
— ^The Reverend James Dewar of Oa, moderator; James Dewar, Kildioman; Donald Mac-
donald, Kilmeny, Clerk of Presbytery, ministers; and William Webster, Esquire^ DaiD^
elder.
The minutes of the last meeting being read and approved o^ the Presbytery proceeded with the
Kildalton case, when Alexander Macdonald, Esquire, writer in Greenock, appeured as agent for the
Presentee, and Hugh Dempster, and Allan Weir, Esquires, also writers there, appeared as agents for the
Objectors.
Mr Dewar, Kilchoman, was appointed clerk P.T., and took the oath de Jiddi
Compeared Donald Macpherson, residing in Port-Ellen, who, being solemnly sworn and examined
as a witness for the Presentee, his evidence was completed, and taken down in the separate Record.
Compeared Qeorge Maccallum, general merchant, Port-Ellen, who being solemnly sworn and exa-
mined as a witness for the Presentee, his evidence was completed and taken down in the separate
Becord.
The Presbytery adjourn, to meet here, at half-past six o'clock, this evening. — dosed with prayer.
(Signed) Jamxs Diwab, Modr.
LVI.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Port-Ellen, March 28th, at half-past six p.m., 1859 —
The Presbytery of Islay and Jura being met and constituted, in terms of adjournment Sederunt —
The Rev. James Dewar of Oa, Modr.; James Dewar, Kilchoman; Donald Macdonald, KH-
meny, Clerk of Presbytery, ministers; and William Webster, Esquire, DaiU, elder.
The minutes of last meeting being read and approved ofi the Presbytery proceeded with the Kil-
^Ulton case, when Alexander Macdonald, Esquire, writer in Greenock, appeared as agent for the Pre-
sentee, and Hugh Dempster and Allan Weir, Esquires, also writers in Greenock, appeared as agents for
the Objectors. Mr Dewar of Kilchoman was appointed Clerk P.T., and took the oath de JidelL
38
BECORD.
Compeared Miss Flora MacCaaig, who being solemnly sworn and examined as a witness for ib»
Pkiesentee, her evidence was completed and taken down in the separate Record.
The Presbytery adjourned, to meet here, at 12 o'clock noon, to-morrow. — Closed with prayer.
(Signed) Jahbb Diwab, Modr.
LVn—EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellbn^ March 29th, 1859 yearfr—
Which day and place the Presbytery of Islay and Jura being met and constituted, in terms o£
adjournment Sederunt — ^The Reverend James Dewar of Oa, Modr.; James Dewar, Sdl-
choman; Donald Macdonald^ Kilmeny, Presbytery Clerk, ministers; and William Webster,
Esq., Daill, elder.
The minutes of last meeting being read and approved o( the Presbytery proceeded with the Kil*
dalton case, when Alexander Macdbnald, Esquire, writer in Greenock, appeiured as agent for the Pre-
aentee, and Hugh Dempster and Allan Weir, Esquires, also writers in Greenock, appeared as agents for
the Objectors. Mr Dewar of Eilchoman was appointed Clerk P.T., and took the oath defiddi.
Compeared Mr James Macdougally schoolmaster, Eintra, Parish of Kildalton, who being solemnly
sworn and examined as a witness for the Presentee, his evidence was completed and taken down in the
separate Record
The Presbytery aoyoum, to meet here at half-past six o'clock, this evening. — Closed with prayer.
(Signed) Jambs Dewab, Modr.
LVra.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Port-Ellkn, March 29th, half-past 6 p.m., 1859—
Which day and place the Presbytery of Islay and Jura being met according to adjournment^,
was constituted. Sederunt — ^The Revd. James Dewar of Oa, modr.; James Dewar, Eilcho-
man; Daniel Macphie, Portnahaven; Donald Macdonald, Kilmeny, Clerk of Presbytery,
ministers; William Webster, Esquire, Daill, elder.
The minutes of last meeting being read and approved of, the Presbytery proceeded with the Kil-
dalton case, when Alexander Macdon^d, Esquire, writer in Greenock, appeared as the agent for the
Presentee, and Hugh Dempster, Esquire, writer in Greenock, as agent for the Objectors.
Mr Dewar^ KHchoman^ was appointed Clerk P.T., and took tiie oath de fiddi
Compeared Donald Campbell, ploughman to Mr Duncan MacCuaig, innkeeper, Port-Ellen, who
being soleainnly sworn and examined as a witness tor the Presentee, his evidence was completeid and
entered in the separate Record.
The Presbytery adjourn, to meet here at 12 o'clock, noon, to-morrow. — Closed with prayer.
(Signed) Jambs Dbwab, Modr.
MX.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, March 30th, 1859—
Which day and place the Presbytery of Islay and Jura being met in terms of adjournment and
constituted. Sederunt — The Revd. James Dewar, of Oa, moderator ; James Dewar, Kil-»
choman ; Daniel Macphie, Portnahaven ; Donald Macdonald, Kilmeny, Clerk of Presbytery.
The minutes of last meeting being read and approved of, the Presbytery proceeded with the Kil»
BECOBD.
39
dfdton case, when Alexander Macdonald, Esquire, writer in Greenock, appeared as agent for the Pre-
sentee, and Hugh Dempster, Esquire, also writer in Qreenock, appeared as agent for the Objectors.
Mr Dewar, Eilchoman, was appointed Clerk P.T., and took the oath defiddL
Compeared Duncan Macdougall, farm overseer, residing at Ardbeg, who being solemnly sworn and
examined as a witness for the Presentee, his evidence was completed and ent^ed in iJie separate
Becord.
The Presbytery adjourn, to meet here at half-past six o'clock this evening. — dosed with prayer.
(Signed) Jaxxb Dswab, Modr.
LX.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellbn, March 30th, half-past six o'clock p.m., 1859 —
The Presbytery of Islay and Jura being met according to adjournment and was oonstitated.
Sederunt — The Revd. James Dewar, of Oa, modr.; James Dewar, Eilchoman; Daniel
Macphie, Portnahaven ; Donald Macdonald, Kilmeny, the Clerk of Presbytery.
The minutes of last meeting being read and approved of, the Presbytery proceeded with the Kil-
dalton case, when Alexander Macdonald, Esq., writer in Greenock, appeared as agent for the Vn-
aentee, and Hugh Dempster, Esquire, also writer in Greenock, appeared as agent for the Objectors.
Mr Dewar, Eilchoman, was appointed Clerk P.T., and took tibe oath defdeU.
Compeared Archibald Macarthur, residing in Port-EUen, as a witness for the Presentee^ wha
being solemnly sworn and examined, his evidence was so fax completed and entered in the sepante
Record.
The Presbytery adjourn, to meet here at eleven o'clock to-morrow forenoon. — ^The meeting was
closed with prayer.
(Signed) Jahbb Dswab, Modr.
LXI.-.EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, March 31st, 1859—
Which day and place the Presbytery of Islay and Jura being met and constituted in terms of
a4joumment. Sederunt — ^The Revd. James Dewar of Oa^ modr.; James Dewar, Eil-
choman ; Daniel Macphie, Portnahaven ; and Donald Macdonald, Kilmeny, the Clerk of
Presbytery.
The minutes of last meeting being read and approved of, the Presbyteiy proceeded with the Kil*
dalton case, when Alexander Macdonald, Esquire, writer in Greenock, appeared as agent for the Pre-
sentee, and Hugh Dempster, Esquire, also writer in Greenock, appeared as agent for the Objectors.
Mr Dewar, Eilchoman, was appointed Gerk P.T., and took the oath de fideli.
Re-compeared the said Archibidd Macarthur, who being again solemnly sworn and examined as »
witness for the Presentee, his evidence was so hx completed, and entered in the separate Record.
The Presbytery adjourn, to meet here at half-past six p.m. — ^The meeting was dosed with prayer*
(Signed) Jahes Dxwas, Modr.
LXn.—EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Port-Ellen, Eodan die, half-past 6 p.m. —
The Presbyteiy of Islay and Jura being met and constituted in terms of a4jonmment Sede-
runt ut mpra.
40
RECORD.
The Presbytery proceeded with the Kildalton case, when Alexander Macdonald, Esquire, writer ia
€hreenock, appeared as agent for the Presentee, and Hugh Dempster, Esquire, also writer in Qreenodc^
appeared as agent for the Objectors.
Mr Dewar, Kilchoman, was appointed Clerk P.T., and took the oath defiddi,
Be-compeared the said Archibidd Macarthur, who being solemnly sworn and examined as a witnew
for the Presentee, and cross-examined for the Objectors, his evidence was completed so £ur, and entered
upon the separate Record.
The Presbytery adjourn, to meet here to-morrow at 10 o'clock forenoon. — ^The meeting was dosed
with prayer.
(Signed) James Dewab, Moderator.
LXnL— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellen, April 1st, 1859 years —
Which day and place the Presbytery of Islay and Jura being met and constituted in terms of
adjournment. Sederunt — ^The Rev. James Dewar of Oa^ moderator; James Dewar, Kil-
choman; Daniel Macphie, Portnahaven; and Donald Macdonald, Eilmeny, Presbytery
Clerk.
The minutes of last meeting being read and approved of, the Presbytery proceeded with the Eil-
dalton case, when Alexander Macdonsdd, Esquire, writer in Oreenock, appeared as agent for the Pre-
sentee, and Hugh Dempster, Esq., also writer in Greenock, appeared as agent for the Objectors.
Mr Dewar, Kilchoman, was appointed Clerk P.T., and took the oath de Jiddi
Re-compeared the said Archibald Macarthur as a witness for the Presentee, who being again
solemnly sworn and cross-examined for the Objectors, his evidence was so far completed and entoed ia
the separate Record.
The Presbytery adjourn, to meet at Port-Ellen, on Monday, 4th current, at twelve o'clock noon.
— ^The meeting was closed with prayer.
(Signed) James Dewab, Modr.
LXIV.— EXTRACT FROM THE RE(^ORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Poet-Ellen, Monday, April 4th, 1859 —
Which day and place the Presbytery of Islay and Jura being met and constituted in terms of~~II
adjournment. Sederunt — The Revd. James Dewar of Oa, moderator; James Dewar, Kil
choman; Daniel Macphie, Portnahaven, Donald Macdonald, Kilmeny, the Clerk of Presby
tery, ministers; William Webster, Esquire, Daill, elder.
The minutes of last meeting being read and approved of, the Presbytery proceeded with tiie Kil^^
dslton case, when Alexander Macdonald, Esquire, writer in Greenock, appeared as agent for the Pm a""
sentee, and Hugh Dempster, Esq., also writer in Greenock, appeared as agent for the Objectors.
Mr Dewar, Kilchoman, was appointed derk P.T., and took the oath de fddu
Re-compeared the said Archibald Macarthur, who, being again solemnly sworn and cross-examine^^^
for the Objectors, his evidence was so far completed, and entered in the separate Record.
The Presbytery adjourn to meet at half-past six o'clock p.m.
The witness was cited ajmd acta to appear at next diet. — The meeting was closed with prayer.
(Signed) James Dewak, Modn
PEOOF FOR THE OBJECTOKS.
5
Being interrogated. — Is it matter of notoriety that the intelligent portion of the congregation of A
KilcUdton Church are generally dissatisfied with the Presentee's services on the occasion above
referred tof
Objected for the Presentee. — ^That the question is incompetent, in respect that the intelligent part
of the Kildalton congregation, which is stated by the witness to be, with few exceptions, the parties
who have signed the objections, can as easily be brought forward to give their own evidence, as they
were to sign the objections on the day for moderating in the Call; proof of notoriety is not proof of the B
special objections which have been urged against the Presentee^ and which ought to be proved in the
same way that any ordinary facts, happening de recently are required to be proved in a court of law.
Answered. — ^That the agent for the Presentee has mistaken the import of the question, the
question is whether it is matter of notoriety that the intelligent part of the congregation were generally
dissatisfied with the Presentee's services; notoriety is therefore the fact proposed to be proved, and such
evidence is competent. C
Parties being removed, the Presbytery allowed the question to be put, Mr Dewar, Oa, and Mr
Macdonald dissenting; whereupon the procurator for the Presentee protested and appealed vt supra.
Mr Dempster, the agent for the Objectors, acquiesced, and the question being put, the witness depones —
I believe so.
Interrogated. — ^Is it your belief or opinion, from your knowledge of the congr^ation of Kildalton
Church, that the Presentee is not qualified to conduct the Engli^ service to tiie advantage of that D
portion of the congr^tion who do not fully understand the Gaelic language?
Objected, answered, disposed of, protested against, as in the case of a similar question put to the
witness regarding the matter of opinion.
Cross-interrogated for the Presentee. — ^Depones, I saw the population of Kildalton stated as 3310 in
the Edinburgh Almanack, on the day the objections were read over, and I have since seen it stated in
an abridged statistical History of Scotland, published in 1833, which was showed by MrDempsteTi E
agent for the Objectora The last census was in 1851. Upon the assumption that I am correct in
supposing that the above figures include the population of Oa, the number of inhabitants in the old
parish of Kildalton will fully exceed 2300. I have no other means of knowing the population exoept
those mentioned. There are no milestones between Laggan river and Proig, and I have never
measured the distance. The Laggan river and Proig are the respective boundaries of the parish
of Kildalton, exclusive of the district of Oa, as nearly as possible east and west The boundary F
line between the parish of Kildalton, and the parish of Kularrow, commences on the west at tha
Ijmai river, and runs east till it joins the Torra river, part of the Torra farm being on the one side,
andpart on the other*-^Aa^ is as I hold the shootings fh>m Mr Morrison. It is about three or fimr
jnan since the changes in the Excise laws, to which I have referred, took place. One of the distilleriea
to iriiieh I have referred, was only enlarged last year, and then to a large extent Ardbeg Distillery
baa been increasing, in point of sice, for the last ten years; and I, myself, have nearly doubled the Q
oapaUIities of the Laphroig Distillery in 1848. Depones, I cannot speak positively to any distillery
having been enlarged since 18dl, except the one mentioned as having been enlarged last year, which is
Kr Bunsay^a There has been an increase of the fixed number of Incise officers in the parish of Kil*>
dakon since 1851. I did not count tlie number. There are four or five shepherds in the parish of
Kildalton, who do not understand Gaelic Three of these, I know, have familiea Lagavulin Distillery
is about half a mile from my residence. H
Being shown the objections, and asked to state how many of the subscribers are residing in the im-
mediate neighbourhood of the Distillery of Lagavulin ? Depones, Twenty-seven. I think of these twenty-
aeren, six males communicants, and seven males non-communicants, are either employed in the distillery
or on the farm. Of these, two only work occasionally. As nearly as I can recollect, there are two
wives of these men communicants who are objectors, and one who is not a communicant There aze^
besides, two unmarried females communicants, who are sisters of two of these men, and the mother of t
one of them, who is also a communicant I did not go to any of the parties to induce them to sign
tte olrjections. Nor did I read over the objections to them; but I think I heard them read to Dugald
Haodougal, Portantruan, on the day the Call was moderated in, and to several others. John MacmiUan,
who signed the objections, is owner of a sloop. He owns no other vessel except that There is only
one officer of Inland Revenue, and two shepherds who signed the objections. These two shepherds are not
Highlanders, and do not understand Gaelic so far as I know. I observed a man of the name of George K
Odder, a cartwright, in church signing the objections, on the day for moderating in the Call. I did
not consider him drunk, I would say, from his having spoken loud; that be had been tasting spirit^
42 RECORD.
LXVn.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Pobt-Ellek, April 6th, 1859 years —
Which day and place the Presbytery of May and Jura being met and constitated. Sodenmt-
The Rev. James Dewar of Oa» moderator; James Dewar of Kilchoman; Daniel Haqpluij
Portnahaven; David Macdonald, Kilmeny, the Clerk of Presbytery.
The minutes of last meeting were read and approved of. The Presbytery proceeded with the O
dalton case, when Alexander Macdonald, Esquire, writer in Qreenock, appeiured as agent for the Pk«
sentee, and Hugh Dempster, Esquire, also writer in Greenock, appeiured as agent for the Otgeeton
Mr Dewar, Kilchoman, was appointed Clerk P.T., and took the oath deJiddL
Compeared Thomas Macdonald, residing at Avenvoggie, who being solemnly sworn and flTaTnmsi
as a witness for the Presentee, his evidence was completed and entered in the separate Record.
Re-compeared Donald Madntyre, the foresaid witness, who was again solemnly sworn and am
examined for the Objectors, his evidence was so £ur completed and entered in the separate Record.
The witness was dted, apitd acta, to appear at next diet.
The Presbytery adjourn, to meet here at 7 p.il this evening. — Closed with prayer.
(Signed) Jambs Dewab, M odr.
LXVnL— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURi
At Port-Ellen, 7 p.m., April 6th, 1859—
The Presbytery of Islay and Jura being met and constituted in terms of acyoomment. Sedi
runt ut supra.
Parties' procurators also appeared as above.
The Presbytery proceeded with the Eildalton case.
Re-compeared the said witness, Donald Macintyre, who being agun solemnly sworn and exmiinc
48 a witness for the Presentee, his evidence was so fkr completed and entered in the separate Beoord.
The witness was cited, c^ntd acta, to appear at next diet
The Presbytery adjourn, to meet here to-morrow at twelve o'clock noon. — Closed with prayer.
(Signed) James Dewab, Modr.
LXDL— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JDRi
At Pobt-Ellen, April 7th, 1859 years —
Which day and place the Presbytery of Islay and Jura being met and constitated in tenns <
adjournment Sederunt — ^The Rev. James Dewar, of Oa, moderator ; James Dowar, i
Kilchoman ; Daniel Macphie, Portnahaven ; Donald Macdonald, Kilmeny, the Qeik <
Presbyteiy.
The minutes of last meeting being read and approved of, the Presbyteiy proceeded with the Kil
dalton case, when Alexander Macdonald, Esquire, vmter in Greenock, appeiured as agent for the
sentee, and Hugh Dempster, Esquire, also writer in Greenock, appeared as agent for the OtijectoxBL
Mr Dewar, Kilchoman, was appointed Clerk P.T., and took tiie oath de Jiddi
The said Donald Macintyre appeared in terms of the citation served upon him, (qmd aeUu
The Presbytery, at whose desire he appeared, dispensed with his further exanunation, and hi
evidence, as entered in the separate Record, is held to be completed.
The agent for the Presentee then declared his proof to be closed.
The Presbytery agreed to meet this evening, for the purpose of hearing the Presentee*B difloomnK
read, as part of the proof for the Objectors, which being didy intimat'Cd, tiie Presbytery a4)oiiziiy 1
meet at 7 p.m. — ^The meeting was closed with prayer.
(Signed) Jambs Dewab, Modr.
RECORD.
43
IJCX.— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Poet-Elldt, April 7th, at 7 p.m., 1849—
The Presbytery of Islay and Jura being met and constituted conform to appointment. Sede-
runt— ^The Reverend James Dewar of Oa, moderator; James Dewar, Kilehoman; Daniel
Macphie, Portnahaven; and Donald Macdonald, Kilmeny, Clerk of Presbytery.
The minutes of last meeting being read and approved of, Alexander Macdonald, Esquire, writer in
€k%enock, appeared as agent for the Presentee, and Hugh Dempster, Esquire, also writer in Greenock,
appeared as agent for the Objectors.
The Presbyteiy proceeded to read the discourses preached by the Presentee in the Church of Eil-
dalton on the 1st, 8th, and 10th days of August last, which were accordingly read.
Both parties declared their proof concluded, except to such extent as might be allowed or ordered
by the Superior Court, which they respectively reserved; and the Presbytery drcumduced the term for
proving against both. Both parties having waived their right to address the Presbytery, reserving
the right of parties to be heard in the Superior Courts, the Bresbytery resolved to adjourn to Wednes-
day, tibe 20th day of April current, at Bridgend, at 12 o'clock noon, to give judgment in the case, which
having been duly intimated, the Sederunt was closed with prayer.
(Signed) James Dewar, Modr.
Extracted ou this and the preceding thirty-three pages from the Record of the Presbyteiy of Ishiy
and Jura, at the Manse of Kilmeny, Islay, this ninth day of April, eighteen hundred and fifty-nine
jears, by
(Signed) Donald Macdonald, Pres. Clk.
LXXL— EXTRACT FROM THE RECORDS OF THE PRESBYTERY OF ISLAY AND JURA.
At Bbidgend, the twentieth day of April, 1859 years —
Which day and place the Presbyteiy of Islay and Jura» met, conform to a4joumment, and was
constituted. Sederunt — ^The Rev. James Dewar of Oa^ moderator; Lachlan Mackenzie, Jura
and Colonsay; James Dewar, Kilchoman; Daniel Macphie, Portnahaven; and £)onald
Macdonald, Kilmeny, the Clerk of Presbytery, Minrs. ; and William Webster, Esq., Daill,
elder.
There appeared for the Presentee, Alexander Macdonald, Esquire ; and for the Objectors, Hugh
Dempster, Eaquire, and Allan Weir, Esquire.
The minutes of last meeting were read and appoved of Parties having been removed, the Pres*
bytcry proceeded to give judgment in the Kildalton case.
1st Objection, It was moved by Mr Dewar, Ejlchoman, seconded by Mr Macphie, Portnahaven, and
agreed to that the Presbyteiy find the first objection proven, in so &r as it states that the parish of Kildal<-
ton has a considerable and increasing proportion who do not understand Qaelic; that the practice has
Mtherto been to have two services eveiy Sabbath, the one in Gaelic, and the other in English ; and
that the Presentee's trial services in the panish were not conducted to the advantage of that portion of the
congregation who do not fully understand the Oaelic language, but not proven quoad uUra. The Reverend
If r Macdonald dissenting, in so far as it is found that the Presentee's trial services were not conducted
to the advantage of that portion of the congregation who do not fully understand the Gaelic language.
Parties being called in, and this judgment intimated, the agent for the Presentee acquiesced in
said finding, in so fisur as it finds the objection not proven, but in so fiur as it finds the same or any part
thereof proven, he protests and appeals to the ensuing meeting of the General Assembly, for reasons to
given in, took instruments and craved extracts, which were allowed. The agents for the Objectors
acquiesced in said judgment, in so far as it finds part of said objection proven, took instruments and
craved extracts, which were allowed ; but in so £eu: as it finds part of said objection not proven, the
agent for the Objectors protested and appealed to the ensuing meeting of the General Anembly, for,
meons to be given in in due time, took instruments and craved extracts, which were allowed.
44
SEOO&D.
2d Objection, With regard to the second objection, it was moved hy the Bey. Mr Maekenne, seocmded
Yxf Mr Magdonald, and unanimously agreed to by the Presbytery, that the Plresbyteiy find the second
objection^rovenT^ in so £ur as it states that the parish of Kildalton, with a population so widdy
scattered, requires a vigorous and eneigetic minister, but not proven quoad uUra.
Parties* procurators having been <»lled in, and the above judgment having been intimated to them,
the procurator for the Presentee acquiesced therein, in so £ur as it finds the same or any part thereof
not proven ; but in so £u* as it finds the same proven, at least to the extent of inferring that it has been
proved that the parish in question requires a more vigorous and energetic minister than any ordinary
countiy parish, he does not acquiesce, and he took instruments and craved extracts tU supra.
The agent for the Objectors acquiesced in the preceding judgment on the second objection, in so
&r as it finds that Kildalton, with a population so widely scattered, requires a vigorous and eneigetic
minister, proven, took instruments and craved extracts, whidi were allowed ; but in so fur as it finds the
said olyection to be qiu>ad uUra not proven, they protested and appealed to the ensuing meeting of the
Qeneral Assembly, for reasons to be given in in due time, took instruments and craved extracts^ which
were allowed.
3d Objection, It was moved by the Rev. Mr Dewar, Kilchoman, and seconded by Mr WilHam
Webster, elder, and agreed to, that the Presbytery find the third objection is proven, in so fiur as it
states, that as ordered by the Presbyteiy, the Presentee officiated on three several days in the Parish
Church of Kildalton : lliat the Objectors are not satisfied with his manner of conducting the church
serrices : That the prayers were not offered up with solemnity : That the discourses were not edifying :
That the subject for the most part was unconnected with the texts, and that the discourses themselves
were not connected one part to another : And that on two of the said days on which the Presentee
officiated, he did not, before sermon, read any portion of the Holy Scriptures; but not proven quoad
ultra.
The Rev. Mr Macdonald dissenting, except in respect that it is proved that the Presentee officiated,
as ordered by the Presbytery, on three several days in the Parish Cfhurch of EUdalton, and that the
Objectors are not satisfied with his manner of conducting the church services.
Parties being called in, and the above judgment having been intimated to them, the agent for the
Presentee acquiesced therein, in so fiur as it finds the said objection, or any part thereof not proven;
but in so far as it finds the said objection, or any part therooi^ proven, he protests, and appeals to
the ensuing meeting of the General Assembly, for reasons to be given in in due time, took instruments
and craved extracts, which were allowed.
The agent for the Objectors acquiesced in the above judgment, in so &r as it finds the third
objection proven to the extent therein stated, took instruments and craved extracts, which were allowed;
but in so far as it finds the said otrjection to be not proven, they protest^ and appeal to the ensoii^
meeting of the General Assembly, for reasons to be given in in due time, took instruments nud craved
extracts, which were allowed.
4th Objection found irrevelant
5th Objection, It was moved by the Rev. Mr Mackenzie, and seconded by the B^v. Mr l^fft^
doj9aldr&n<l unanimously agreed to, that the Presbytery find the fifth objection proven in referenee to
tEe members of the English congregation only.
Parties* procurators having been called in, and the above judgment intimated to them, the proca-
lator for the Presentee protested and appealed to the ensuing meeting of the General Assembly against
the same, in so far as it finds any part of the sud objection proved, for reasons to be given in in due
time, took instruments in the Clerk's hands, and craved extracts, which were allowed.
The agent for the Objectors acquiesced in the above judgment on the fifth objection, in so £ar as
it finds the said objection to be proved, took instruments in the Clerk's hands and craved extracts^ which,
were allowed; but in so far as the said judgment does not find that the said objection has been proved
to the full extent, and in terms thereof they protested and appealed to the ensuing meeting of the
General Assembly, for reasons to be given in in due time, took instruments, and craved extracts^ which,
were allowed,
6th objection irrelevant
It was moved by the Reverend Mr Dewar of Kilchoman — Whereas, the first, second, third, and
fifth objections have been substantiated, in the judgment of the Presbyteiy, to the extent and effect
above-narrated; therefore, the Presbytery, in respect of these objections, and having regard to the whole
circumstances and condition of the parish, to the spiritual wel&re and edification of the people, and to
the character and number of persona by whom the said objections are prefenred ; Find and dedare thftt
RECOBD.
45
the said Eeyerend Angus Macmtyie is not a qualified and suitable person for the functions of the
ministry in the Parish of Eildalton, and ought not to be settled in the saxne^ and they refbse to proceed
with his s^ement as minister thereof; of which deliverance tiie Clerk is instructed to give intimation
to the Patron.
The said motion was seconded by the Bev. ICr Macphie, Portnahaven.
It was also moved by the Bev. Mr Macdonald — ^That the Presbytery dismiss the objecticms^ sus-
tain the Call, and resolve to proceed with the settlement of the Presentee.
The second motion not being seconded, the first motion became the judgment of the Court: Where-
fore, the Presbytery did, and hereby do find, in terms of the said motion, and reftise to proceed with
the settlement of Mr Madntyre as minister of Kildalton, and direct an extract of this delxveranoe to be
transmitted to the Patron by their derk.
Against which finding, the Bevd. Mr Macdonald dissented and protested for leave to complain to
the ensois^meetii^of the Qeneral Assembly, took instruments, and craved extr^
promising to give in reasons in due time.
Parties having been called in, and the above judgment having been intimated to them, '
The agent for the Presentee protested and appealed to the ensuing meeting of the Qeneral As-
sembly, for reasons to be given in in due time, took instruments and craved extracts, which were allowed.
The agent for the Objectors, and on their behalf acquiesced in the said judgment^ took instnt-
mentSy and craved extracts, which were allowed.
The Presbytery appointed the Bevd. Mr Dewar of Oa^ their moderator, and the Beverend Mr
Dewar, Kilchoman, commissioners £rom the Presbytery to the ensuing General Assembly, to defend the
judgment of the Presbytery in this case. — Closed with prayer.
(Sgned) Jahes Dbwab, Modr.
Extracted firom the Beooids of the Bresfayteiy of Iday and Jura, this 12th day of May, 1859
years, on this and the preceding thirteen page^ 1^
(Signed) Donald Macdonald, PresL Glk.
LXXn.— EXTRACT FROM THE BECOBDS OF THE PRESBYTERY OF IBLAT AND tUBJL
BEASONS OP DISSENT AND COMPLAINT
the Beverend Donald Macdonald, MimOer of the Farith of KiJimmy^ vnMa^ the Freibyterp oflda^
and JutOy tn ike Countp of ArgyU; ogamA —
Certain deliverances of the said Presbytery, pronounced upon the twentieth day of April,
eighteen hundred and fifty-nine, at a meeting of that Beverend body, held at Bridgend,
. .. in the Island of Islay, for pronouncing judgment upon the objections urged against the
settlement of the Bev. Angus Madntyre, minister of the parish of Einlochspdvie^ m
Presentee to the Church of Kildalton, within said Presbytery, finding certain of said
objections proved, and refusing to proceed with the induction of the said Presentee, and
against which the said Beverend Donald Macdonald dissented and complained.
I, the said Beverend Donald Macdonald, dissent and complain against the said deliverance to the
ensuing meeting of the venerable the General Assembly of the Churoh of Scotland, for the following
reasons : —
First, Because it is not the fact that the parish of Kildalton has a rapidly increasing proportion
of inhabitants who do not understand the Qadic language, and that it consists with my Imowledge,
as the oldest and longest reddent minister in Islay, that the said parish is a Gaelic speaking paridi,
and that there are very few individuals reddent therdn who do not understand Gaelic; and because thero
are no objections stated against the Presentee as a perfectly qualified preacher of the Gaelic language.
Second, Because, whatever the number of English speaking people may be, there are merdy a
few persons who have dgned the objections.
Third, Because, wMle the parish is stated to number upwards of three thousand inhabitants,
only fifty-two individuals have signed the objections, and the majority of these do not ui&derstaiid
properly the English language ; and, as appears from the evidence, they are under the influence of on»
46
RECORD.
of the Objectors, and the opposition to the Presentee^ in my opinion, was originated before he had
any opportunity of preaching his trial discoorses.
Fourth, Because I am not satisfied that the said opposition has been got up in good fiiith, or by
parties who have at heart the interest of the Churchy and because I am aware that the Presentee is
acceptable to the general body of the parishioners, and that he has also proved himself to be acceptable
to the parishioners of eveiy parish in Islay where he has preached, and that this feeling is also in
unison with the sentiments of the proprietor of Islay, viz., Charles Morrison, Esqr., and also of his
fiM^r, and other parties who have had an opportunity of hearing the Presentee preach.
Fifth, Because I know that both in English and Gaelic the Presentee is a very Mr average
preacher of the blessed Gospel, and the certificates produced from his own Ptesbyteiy, and the evidence
of the witnesses adduced, satii^ me that he is also a vigorous and energetic minister in his present
pariah; and I am besides aware that the Presentee has executed several highly creditable translations
of religious works from English into Gaelic, and that he was a most meritorious student in the Univer-
sity of Edinburgh, and carried off the Macpherson Bursary there, and was highly esteemed by the late
Beverend Principal Baird, and as a divinity student received a prize of ten guineas from the Synod of
Argyle for the best Gaelic sermon.
Sixth, Because, although the manuscript sermons are obviously mere skeletons, and do not contain
an that he delivered of his trial discourses, and they are not written in full, in consequence of the Pre-
isentee having had a severe attack of cold, and little time to do so, as well as having been unexpectedly
called upon to preach at the instance of one of the Objectors six times instead of four, as is usual, yet
I am satisfied that the discourses themselves, apart from the evidence of the witnesses adduced for the
Presentee, completely disprove the statement? made by the Objectors against them ; and I regret to see
that some of the passages to which they object are quotations from the works of some of our most
eminent divines and Christian poets ; and in my opinion the sermons evince an originality of thought
and illustration which I believe to be considerably above the average of the ordinaiy run of sermons.
Seventh, Because, from my own knowledge of the Presentee's preaching, both in Gaelic and
English, I believe the objections to the sermons and other services of the Presentee to be utterly
groundless, and that his settlement in the parish would decidedly be for the good of the Church, and
be the means of gathering into its fold many wandering and wavering people.
Eighth, It is my firm conviction that, should the Presentee be rejected, and the parish be kept
vacant, the people who are at present, and have always been strongly attached to the Established
Church of Scotland, and who, I am aware, are desirous of the settlement of the Presentee, wiU be
drawn away to the Free Church, which is situated within a short distance of Port-Ellen, the central
and most important community in the parish.
Ninth, Because I am of opinion that the findings are not warranted by the evidence.
(Signed) Donald Macdokald,
Extracted from the Records of the Presbyteiy of Islay and Jura, on this and the six preceding
pages, this twenty-sixth day of April, eighteen hundred and fifty-nine.
(Signed) Donald Maodonald, Pres. Clk.
PROOF FOR THE OBJECTORS.
PROOF FOR THE OBJECTORS.
At EiLDALTON Pabish Chuboh, the Nineteenth Day of Octobefi
Eighteen Hundred and Fifty-eight Tears.
Compeared^ Mr Walteb Qraham, Distiller, residing at Ardenistle, who being solemnly sworn
and examined in inUtalibus, depones : — ^Although my residence is Ardenistle, I manage the Distillery
at Lagavolin. I am entered as distiller at Lagavulin, and have been accepted by the Board of
Inland Bevenue as such since 1885. There is no other distillery there. I am the son-in-law of the
late Incumbent of the Parish of Eildalton, whose widow and daughter. Miss Mactavishi still reside in
the manse, and they have still possession of the glebe.
Interrogated. — Are you aware tjiat the manse and glebe are held by an arrangement with the g
Synod by the foresaid parties, or either of them, so long as the parish is vacant ? Depones, I am not
aware of any existing arrangement of this description, but I understood that Mrs Mactavish was
to have the grass from May last. I don*t farm any part of the glebe myself Previous to the issuing
of the presentation in favour of Mr Macintyre, I wrote to the then Lord Advocate, requesting that we
diottld get a leet He replied that we could not get this, but if we applied for any particular person,
throngh the Reverend Doctor Norman Madeod, of St Columba^ Glasgow, the application would be Q
favourably considered. We held a meeting at Port-Ellen, and appointed the committee to correspond
with Dr Madeod and the Heritor on the subject. The committee who were appointed were Mr
Hunter, Mr Colin Hay, and myself We corrresponded with Dr Macleod, and he answered oar
letters. I have no objection to produce the correspondence if I have it, and the Presbytery require it
I wrote the Doctor myself, and either Mr Hay or Mr Himter wrote Mr Bamsay. We did not &c upon
any party, and never tiiought of fixing upon any party. I heard of no particular party whose name was j)
suggested to be sent to the Lord Advocate, but I heard the names of six parties menti(med who would
be proper parties to preach at Kildalton, from whom to make a selection ; but our Heritor, Mr
Bamsayi did not make up his mind as to who should come forward. I cannot tell the names of the
parties. There was no further application made to the Lord Advocate. The objections in this case
were not got up by me. I read them after they were written, and qualified one or two words. The
party who gave me the objections is Mr Hunter, one of the Objectors. I got no parties to put their £
names to these objections. Any party that talked to me on the subject, I told them that I was pre-
pared to do my own duty, and that every one ought to judge for themselves in a case of this kind. I
told these parties that I intended to oppose Mr Macintyre. This was after he preached. I did not
come into the church on the day of the moderation of the Call, with the objections in my possession,
and it was against my better judgment that the objections were proceeded with that day. I wrote
the names to the objections, in presence of the Presbytery, of the parties who could not writa On F
the day of the moderation of the CaU, but neither before nor i^ter, I took an active part as an
objector to the Presentee.
Cross-examined for the Objectora — Depones, that at my suggestion Mrs Ikractavish took a temporary
house in Port-Ellen, in the end of July, as I wished her to leave the manse before the time arrived
before an induction could have taken place, had there been no objections ; but she cleaves to the place,
and will not be prevailed on by me. The whole crop and stock have been sold o£^ excepting two or Q
three cows she intends to take to Port-Ellen. When my father-in-law died, I wrote to Dr John
Macleod, Synod Clerk, requesting that Mrs Mactavish would be treated as well as widows in her posi-
tion generally are, in regard to the grass. Depones, I told Mr Macintyre, tbe Presentee, on the 8th of
August, that I intended to oppose his settlement as minister of this parish.
PROOF von THE ORTECTORS.
A Being interrogated. — What took place between you and the Presentee on the occasion referred to )
Objected. — The proposed question is incompetent, because the only subject of inquiry in the
initial examination as to which the question can be held to apply, is as to whether the witness got
parties to sign the objections and to his statements that they should act for themsetves, but that he
intended to oppose the Presentee. The proposed question has no reference whatever to thii matter,
except as stated by the Objectors, that it is in majorem eviderUiam of the intention of the witness to
B oppose the Presentee. But it must be obvious to the Court that such a line of examination is quite
incompetent.
Answered for the Objector8.~That the Presentee's object in ptirsuing his line of interrogation upon
this point, was to found an objection affecting the witness, his admissibility or credibility. He has ques-
tioned the witness in regard to the preparation or subscription of the objections, and elicited an answer to
the effect that any person who spoke to the witness on the subject, he told them that he was prepared to
0 do his duty, and that the witness's interference was after he had beard the Presentee preach. Ai
cross to that, the witness has answered that the Presentee was one of the persons who spoke to him on
/ the subject after preaching, so that the question-in-chief and the question-in-cross completely corxea-
pond, and the question, as put, is not leading, but calculated to bring out what took place in the wit-
ness Ids own language. The Court cannot anticipate the objection which the Presentee means to state
to the witness; but the Objectors are entitled to guard the witness's evidence at least against any
D relevant objection that can be taken; and the tendency of this question is to show that his evidenos
must be received to the full extent, without any circumstances such as these he has been examined npon
by the Presentee.
Parties being removed.
The Presbytery repelled the objection ; against which deliverance the agent for the Fteaentee
protested and appealed, ut nipra, and also for all remeid competent at law in respect the question
E proposes to introduce matter of a private nature affecting the Presentee. And the question being pot,
depones. After service Mr Macintyre made up to me without being introduced ; shook hands with me.
I said I thought he had Session matters to attend to. He then said I hope there will be no oppod*
tion to my induction. I answered I was afraid he would be disappointed. He then said by whomt
and I replied that I for one would oppose him. He then asked if there were any other parties who
intended to oppose him. I said I thought there were ; that the other distillers would, but that I
F could not speak positively; that the opposition would be open and straightforward, and that when wa
met again, I would give him any information he wished. I told him I did not like his first sermon,
and that I thought tiie one he preached that day better ; and on my making that remark, he said thait
he had a cold the first day. Depones, I did not know that there was such a man in existence as the Pre-
sentee before the month of May. I went to hear him on the 1st of August, in the best possible spirit
towards him. Depones, On the day for moderating in the Call, I attended before the Presbytery, and
0 craved an adjournment in terms of the Act of the Assembly, when the agent for the Presentee threat*
ened to take a protest in the hands of a Notary Public who was present. Thereafter, of consent of
parties, the signing of the objections was proceeded with, and I signed the names of certain peraoni
who could not write themselves, with the permission and under the eye of the Presbytery ; and it wws
only in these respects that I was active on the occasion.
Ke-L^terrogated for the Presentee. — ^Deponcs, Mr Macbtyre and I were going in opposite direo-
H tions on the Sunday in question we met each other. Mr Hunter and Mr Hay are both distiUers.
Whereupon the procurator for the Presentee objected to the admissibility of the proposed wit-
ness from the facts admitted by him in his initifd examination.
Answered by Mr Dempster for the Objectors. — ^That there are no facts admitted in the initial
examination that can in the least degree affect either the admissibility or credibility of the witness.
The Presbytery having considered the objection and answer, repelled the objection, and allowed
1 the witness to be examined in causa.
Whereupon the agent for the Presentee protested and appealed, ut supra, took instruments and
craved extracts, which were allowed.
Mr Dempster, on the part of the Objectors, acquiesced in the foregoing deliverance, took inatra-
ments, and craved extracts, which were allowed. — ^Ail which is truth, as I shall answer to Qod.
(Signed) Waltee Obaham.
K Dakiel Macfie, Moderator.
Donald Macdonald, Pres. Clk,
PROOF FOR THE OBJECTORS.
3
At the Chubch of Kildalton, the Utli day of October, 1858. A
Becompeared, Mr Walter Graham, Distiller, residing at Ardeuistle, who being again solemnly
sworn and examined as a witness for the Objectors, in causa, of consent of parties the witness's initiid
examination was held as part of the evidence in causa, and the witness being interrogated for the
Objectors, depones : — am one of her Majesty's Justices of the Peace for the County of Argyll I
hold in lease a large portion of land in the pansh of Kiidalton, viz., island of Texa and the farms of B
Ardenistle and Ardelistry. I have resided in the parish of Kiidalton since the year 1837; and I am
a communicant in the Parish Church, and have been so for the last nine years, to the best of my recol- \
lection. Depones, I am well acquainted with the parish in regard to its extent, population, and con- <
dition. It is the largest parish in Islay. The portion pertaining to the Parish Church of Kiidalton is
at least 30,000 acres — mean Scotch acre& Depones, The entire parish of Kiidalton is 24 miles in
length and 7 miles in breadth, and exclusive of the Quoad Sacra parish of Oa, its length by C
the road from Laggan river to Proaig is from 18 to 20 milea According to the last census of
the parish, the population was 3,310, which I think includes the populf^on of Oa. There are
seventeen farms in Oa, and I think the number of inhabitants will be under a thousand, but I do not
know the exact number. Depones, The population belonging to the old parish is widely scattered
over it. Since the last census the population may have fallen o£f, but at the present time I think it is
inoreadng. The population is partly Qaelic and partly English. There is a considerable proportion D
who do not understand the Oaelic language. The proportion who understand the English laoiguage
only has increased of late years. This arises from the distilleries within the parish being enlarg^
and changes that have taken place in the Excise laws, and, in consequence, a number of English
speaking families having come to the parish connected with officers of Inland Revenue, who are now
on a more permanent footing than formerly. The second cause of this increase in the English portion
of the population is the increase of sheep stocks, and the tenants bringmg practical shepherds from the E
low countries. We have also now greater facilities of intercourse witii the low countries by means of
■team. There are also a number of English schools in the parish. I have taken an interest in tiie
social ooodition of the population of the parish, and I know that of late years there has been a deiiie
for social and religious and educational instruction among the inhabitants, and particularly in my own
boiiity. The appliances resorted to are occasional lectures in the village of Port-Ellen, Si^bath
■okoolsi and weekly prayer meetings at Lagavulin. There is a Qeneral Assembly school at LagavuUni F
•notiier at Kintra; the Parish and Free Church School at Port-Ellen; also, a female school at tot^
BIkn; there is also instruction carried on by private individuals at Lagavulin among the poorer clsises.
Ifr Biimsay, the proprietor of the greater part of the parish, takes a great interest in the edacatlon of
the young. He examines the schools himself, both Free and Established. He makes no distlnetion
in ms examinations. On the whole, I think tiiat the parish of Kiidalton is the most thriving parish in
lalayi net only in tiie above respects, but also because the people are all well emplqyedi «id tluure is a 0
]aige eireulation of money, and a greater influx of strangers than in the other parishes. I have attended
the Parish Chmrch of Kiidalton regulariy since I came to the parish, in the year 1887. There are two
diurehes in the parish, vis., the Established Church at LagavnUn and the Free Church at Port-Ellen*
I know that there is a consideraUe number of the inhabitants who are attached to the Established
dmNh.
Being interrogated. — From your personal knowledge of the condition of the parish of Kiidalton, &
end of its population, which you have described to be widely scattered, does the parish require a vigorous
and energetic minister I
Objected. — The witness has stated all the facts bearing on the state or condition of the parish, so
ba as thought necessary by the Objectors to support their second objection, that the parish requires a
vigmos ami energetic minister. The witness is himsdf an objector, and although perfectly entided
to speak to facts to prove his own obgection, he is not entitled to state his own opinion on these facts, t
It is the duty and the province of the Presbytery alone, who are the judges in the case, to determine
the value of these facts, and not that of witnesses, &r less of one who combines the character of a
witness with that of a party in the cause.
Answered for the Objectors. — ^First, that the question has a direct bearing upon the second objec*
tion. The Presbytery has admitted that objection, along with the others, to probation, and cannot
disallow the question without stultifying their own interlocutor. Second — It is competent in law for K
a witness to testify as to his belief or opinion, or even draw inferences re^^p€cting the fact in question,
from other facts, provided these facts are within his personal knowledge ; and the witness bos dcpone4
4
PROOF FOR THE OWJECTOKS.
A explicitly t<^ hia knowledge of the condition of this parish, derived from twenty years' experience.
Third — It niakcs no dilfcrence that witness is a party, as the Acts 15 and 16 Victoria, c. 27, renders
a party in his own causo competent as a witness ; and being admitted a witness, he is entitled to be
examined on all the grounds that a neutral witness can bo examined on. Fourth — ^The Presbytery are
entitled to judge only on the proof to be led, and not upon the mere averment contained in the
objection, which therefore must be supported by evidence u[K)n oath.
B Parties being removed, the Presbytery, after reasoning, sustained the objection and disallowed the
question.
Against which deliverance Mr Dempster, agent for the Objectors, protested, and appealed to the
next General Assembly ; promising to give in reasons in due time, took instruments in the CSlerk*s
hands, and craved extracts, which were allowed.
Depones. — I am an objector in the present case, and I adhere to the objections lodged with the
C Presbytery against the settlement of the Rev. Mr Macintyre as minister of the parish of Eildalton.
During my experience there has been always a Gaelic service in the forenoon, and an English service
in the afternoon, and that has been always the practice, as far back as my recollection goes. There
were only two instances which I can recollect of on which the English service did not follow the
r Gaelic, and this was on account of bad weather. The congregation of Kildalton Church is partly
English and partly Gaelic. There are about twelve families who have no Gaelic at all, and only
" D understand the English language. There are only a few indi\iduals who can properly understand
both languages alike as preached from the pulpit. Those hearers that we have at the Gaelic we
seldom have at the English. I attend the English service only. My family only attend the English
service. I attended the English service in Kildalton Church on Sabbath 1st, Sabbath 8th, and
Tuesday, the 10 th of August The Rev. Mr Macintyre officiated on these occasions. These were his
trial services as Presentee. I was not satisfied with his manner of conducting the church services on thoaa
E occasions. His manner in prayer appeared to me to want solemnity, and it was without fervonr in
my opinion. The sermons produced no good effect upon mo ; they were not in the slightest degree
edifying ; they wore most unconnected, and there were parts of them that I did not understand fronoL
their want of connection. The composition was most miserable. In two instances I could not see
how he could stick to the texts. These instances were on the 1st and 8th August, and this was from
the nature of the texts chosen. These were, on the 1st August, Psalm cxU. 7 and 8 yerses, and on
F the 8th August, Acts xxi IG, one part of the discourse being loosely to the other. There were
Scriptural quotations in these sermons, and they did not appear to me to be at all applicable. The delivety
appeared to me to be abrupt He did not read any portion of the Scripture either on the Ist or 8th of
August, apart from the text. On Tuesday, the lOth August, he read the ninth Psalm. His text
npon that day was 1 Chron. iv. 10. I think the ninth Psalm, which he read, was inappropriate to the
subject of discourse. In his delivery he was very loud at one time and low at another. The Yt^
G 8entee*s utterance was indistinct I experienced a difficulty in ascertaining either the Psalm or the
text he gave out. He spoke in one continuoiis strain for the most part Depones, With very few
exceptions, the Objectors comprehend the most intelligent portion of the congregation of Eildalton
Church, and they arc the most regular attendants upon public worship. I have looked at the Call afe
this diet for the first time, and from the glance I have been able to give at it, I have not been aUe to
discover the name of any party who regularly attends worship in the Parish Church, so fiur as the
H English service is concerned. I cannot speak to the attendance at the Gaelic service.
Being interrogated. — From your knowledge of the Eildalton people, were Mr Madntyre's services
on the occasion you heard him preach, on the 1st, 8th, and 10^ August^ fitted to benefit or edi^T
them generally?
Objected, for the reasons stated to a similar question put to the same witness.
Answered for the Objectors as before, and with this addition, that the Presbytery is bound ^le
I Act of Parliament, called Lord Aberdeen's Act, to have regard to the whole circumstances and conditioa
of the parish, and the spiritual welfare and edification of the people ; that the witness^ from his long
residence in tiie parish, and from being a member of the congregation, must know the sentiments of
the people generally in regard to ^Ir Macintyre's ministrations. The Objectors cannot be expected to
bring forward every parishioner to speak upon the subject, and as the witness knows the nature of the
service, and the kind of people forming the congregation, ho is enabled to give an inteUigent opinion
K AS to whether these services arc fitted to benefit or edily them generally.
Parties being removed, the Presbytery sustain the objection and refuse to allow the question to
be put J whereupon the agent for the Objectors protested and appealed ui ivpnh
PEOOF FOR THE OBJECTORS.
5
Being interrogated. — Is it matter of notoriety that the intelligent portion of the congregation of A
Kildahon Church are generaUy dissatiafied with the Presentee's services on the occasion i^ve
Inferred tof
Objected for the Presentee. — ^That the question is incompetent, in respect that the intelligent part
of the Kildalton congregation, which is stated by the witness to be, with few exceptions, the parties
who have signed the objections, can as easily be brought forward to give their own evidence, as they
were to sign the objections on the day for moderating in the Call; proof of notoriety is not proof of the B
special objections which have been urged against the Presentee, and which ought to be proved in the
same way that any ordinary facts, happening de recenti, are required to be proved in a court of law.
Answered. — ^That the agent for the Presentee has mistaken the import of the question, the
question is whether it is matter of notoriety that the intelligent part of the congregation were generally
dissatisfied with the Presentee's services; notoriety is therefore the fact proposed to be proved^ and such
evidence is competent. C
Parties being removed, the Presbytery allowed the question to be put, Mr Dewar, Oa, and Mr
Macdonald dissenting; whereupon the procurator for the Presentee protested and appealed vt ntpra.
Mr Dempster^ the agent for the Objectors, acquiesced, and the question being put, the witness depones —
I believe so.
Interrogated. — ^Is it your belief or opinion, from your knowledge of the congregation of Kildalton
Church, that the Presentee is not qualified to conduct the Engli^ service to the advantage of that D
portion of the congregation who do not fiilly understand the Gaelic language?
Objected, answered, disposed of, protested against^ as in the case a similar question put to the
witness regarding the matter of opinion.
Cross-interrogated for the Presentee. — ^Depones, I saw the population of Kildalton stated as 3310 in
the Edinburgh Almanack, on the day the objections were read over, and I have since seen it stated in
an abridged statistical History of Scotland, published in 1833, which was showed by Mr Dempster, E
agent for the Objectors. The last census was in 1851. Upon the assumption that I am correct in
aapposing that the above figures include the population of Oa, the number of inhabitants in the old
parish of Kildalton will fully exceed 2300. I have no other means of knowing the population except
those mentioned. There are no milestones between Laggan river and Proig, and I have never
meaaured the distance. The Laggan river and Proig are the respective boundaries of the parish
of Kildalton, exclusive of the district of Oa, as neariy as possible east and west The boundaiy F
line between the parish of Kildalton, and the parish of Kulaxrow, commences on the west aft tha
Liffgpm rivOT, and runs east till it joins the Torra river, part of the Torra &rm being on the one side,
■soTpftrt on the other— 4A<tf is as I hold the shootings from Mr Morrison. It is about three or ibnr
jrtars sboe the changes in the Excise laws, to which I have referred, took place. One of the distilleries
to whidi I have referred, was only enlarged last year, and then to a large extent Ardbeg Distilleiy
Ims been increasing, in point of siee, for the last ten years; and I, myself, have nearly doubled the Q
oapaUIities of the Laphroig Distillery in 1848. Depones, I cannot speak positively to any distilleiy
having been enlarged since 1851, except the one mentioned as having been enlarged last year, which is
Mr Bamsay*s. There has been an increase of the fixed number of !l^cise officers in the parish of Kih
dalton since 1851. I did not count the number. There are four or five shepherds in the parish of
Kildalton, who do not understand Gaelic Three of these, I know, have families. Lagavulin Distillery
is about half a mile from my residence. B
Being shown the objections, and asked to state how many of the subscribers are residing in the im-
mediate neighbourhood of the Distillery of Lagavulin f Depones, Twenty-seven. I think of these twenty-
wven, six males communicants, and seven males non-communicants, are either employed in the distillery
or on the farm. Of these, two only work occasionally. As nearly as I can recollect, there are two
wives of these men communicants who are objectors, and one who is not a communicant There arei
besides, two unmarried females communicants, who are sisters of two of these men, and the mother of t
one of them, who is also a communicant. I did not go to any of the parties to induce them to sign
the objections. Kor did I read over the objections to them; but I think I heard them read to Dugald
Haodougal, Portantruan, on the day the Call was moderated in, and to several others. John Macmillan,
who signed the objections, is owner of a sloop. He owns no other vessel except that. There is only
one officer of Inland Revenue, and two shepherds who signed the objections. These two shepherds are not
Highlanders, and do not understand Gaelic so far as I know. I observed a man of the name of George K
Calder, a cartwright, in church signing the objections, on the day for moclcrnting in the Call. I did
pot consider him drunk. I would say, from his having spoken loud; that be had been tasting spirits,
6
piiooF poi; Tuv: objectors.
A I could not say that he was sober. I have uo recollection that Mr Maciutyro preached iu the Parish
Church of Kildalton on the Sunday after my marriage, nor of meeting him, and being introduced to
him in the manse, nor of afterwards meeting him a day or so afterwards in my own house. I still
adhere to my statement that, previous to May last, I did not know that there was such a person as Mr
Madntyre in existence, so far as I recollect. I cannot say whether I attended the Church of Kildalton
on the Sunday after my marriage.
B Re-interrogated for tho Objectors. — ^Depones, Lagavulin is a village in the parish of Eildatton,
and the oldest village in that parish or in Islay. It is situated in the immediate neighbourhood of tli«
Parish Church. I think the thirteen parties referred to in my cross-examination, and their rdations
also referred to, attend tho Parish Church of Kildalton. The most of them are very regular in their
attendance. The only other village in the parish is that of Port-Ellen, which is about two and ft-half
miles distant from the Parish Church. — All which is truth, as the Deponent shall answer to Qod.
C (Signed) Waxteb OfiAHUt.
Jamjb Dewab, Clerk, P.T.
Donald Macdonald, Pres. Clk.
At Kildalton CiiURcii, the twenty-fifth day of November, I808.
D
Compeared Donald Maophebson, residing in Tobermory, who being solemnly swoni and exa-
• mined, depones as follows : — I have resided in the village of Tobermory near forty years. I am
well acquainted with the Hev. Mr Mocintyre, Presentee to tho parish of Kildalton. I was employed
hy the Presentee when he first came to Kinlochspelvie, after the Disruption. I was only a month em-
ployed by him at that time. I was employed about a week now and again at that time, and
E altogether made up that time. Depones, I was again employed by tho Presentee in taking care of his
horse about three years ago, when he came to live with his family in Tobermoiy. I continued to tako
charge of his horse about a year.
Interrogated. — ^Is it consistent with your knowledge that the Presentee has, during the last thvae
years referred to, been m the habit of spending several days in each week in Tobermory?
Objected for the Presentee. — ^The proposed question is incompetent, in respect the sulject-iiialtar
F of it has not only not been admitted to probation, but was expressly found to be irrelevant by ibm
judgment of the Presbyteiy of 8th September last
Answered. — ^That the question is relevant to the second objection as sustained. The part of tilt
second objection as it originally stood, which the Presbytery found to be irrelevant, refenred more par-
ticularly to the charge that the Pr^entee had a separate residence in another parish, wUoh tha
Presbyteiy thought was matter for libel if true, and also to the logical structure of the seoond otjjeotioii
Q as it originally stood; but they left it to be inquired into whether the Presentee was vigorous and
eneigetic" in the work of the ministry, and tho question is, whether frequent and stated abesncaa
from his i)ariali is consistent with the active and energetic performance of his duties as a miniatari
which is dearly and separately distinct from the question of residence.
Parties being removed, and after reasoning, it was moved by Mr Mackenzie, that the olijectioii be
sustained, which motion was not seconded. Mr Dewar of Kilchoman, moved that the ot^jeotion be din*
H allowed, and the question allowed to bo put, which was seconded by Mr Macphie, and earned. Mr
Macdonald declined to vote. Tho second motion was carried, from which Mr Aiackenrio dissented;
against which finding the agent for the Presentee protested and api)ealed to the ensuing meeting of
the General Assembly, for the following and other reasons to be stated at the discussion of this appeaL
1. Because the objection under which the question is put, being the second objection, is in the
following terms: —-''That the Presentee, iu his present charge, has a manse and glebe adjacent to tho
I church, and the parishioners number about 500. That the Presentee passes a great portion of his time
in another parish many miles distant, where he has a separate residence, and thereby has shown lua
inability to take the spiritual oversight of so important and extensive a parish as Kildalton, with a
population so widely scattered; and therefore requiring a young, vigorous, and energetic minister,
which the Presentee is not.''
2. Because the Presbytery, on the eighth day of September last, when discussing the relevancy of
K the objections, pronounced the following deliverance ; Tho Presbytery then proceeded to consider the
relevancy of the second objection, and after liaving heard parties' procurators, they unanimously find it
relevant, eo far as it alleges that the paii&li ul KildaUt^n; willi a |H>piiIi»ti(.n so ^videly scattered, rcquizas
PUOOF FOU THE OaiKCTOHS.
7
ft Tigoroos and energetic miniateri which the Presentee is not; bat| quoad uUrOf they unanimooaly find A
the aiid objection not relevant
S. The question which has now been found relevant^ is exactly part of that clause of the second
otrjection; whiohi as already shown, was expressly found not to be rdevant to go to proo£
The agent tor the Presentee also took instruments in the Clerk's hands and craved extracts, which
were allowed. The agent for the Objectors acquiesced.
The agent for the Presentee intimated that he held his objections and reasons as applicable to all B
questions of a similar nature put to this witness.
The witness being recalled and the question put, depones, During the time I took charge of his horse
in Tobennory, he was in the use of going to Kinlochspelyie on Friday or Saturday, and to return to
Tobermory on Monday or Tuesday, and whiles he would remain at Elnlochspelvie for a fortnight at a
time. There were no particular occasions when he would remain so whiles away. The distance be-
tween the manse of EbilochspelYie and where Mr Madntyre lives in Tobermory is about thirty miles. C
Mr Madntyre usually travelled in a spring cart between ike two places when I was employed by him.
I know the road well, and would take a day to go to Kinlochspelvie, and a day to return from thence
to Tobermory. Tobermory is in a difierent parish from Kinlochspelvie, and Torosay and the Qovem-
ment parish of Salen are between the two. Mr Madntyre lives on the shore at Tobermory, and I live
up the hne or upper village, and there is a plantation between the two places. Since I ceased to be
employed by Mr Madntyre he might be in that part of the village where he lives and I might not see D
him. I was working at my own place, and did not see him often since I left his service, and I may have
seen him a day now and again without taking any particular notice.
Interrogated for the Presentee. — Depones, I am about sixty-three years of age, and I have been a
servant with Mr Macintyre's &ther at difierent times. I am a Free Churchman, but I am not a com-
municant, and do not deserve to be so. Before the Disruption I was an adherent of the Established
Church of Scotland. E
Interrogated whether he was visited with church censure during the time he was an adherent of the
Church of Scotland. — Depones, that he was called before the session, but that no charge had been
proven against him.
Interrogated whether he uve separate from his wife. — ^Depones, that he is not bound to admit or
justify the ^ilt of his wife, and that this is all the answer that he shall give to the question.
Interrogated what he is working at — ^Answers, I am a fisherman, and doing every other thing that I F
can work at. Depones, I knew noting about this case until an officer was sent to me to summon me.
It is about a fortidght ago since I got ^e sunmions, and I left it to themsdves to say how much I was
to get for coming here. I have no ill-will or spite against Mr Madntyre. I have nothing against him
iiroBi my very heart.
Be-interrogated for the Objectors. — Depones, Mr Madntyre employed me as before-mentioned after
I was brought before the session. ¥niat I meant by stating that I did not deserve to be a communi- Q
oaat is, that a man should have the witness within himself that he is one of the Lord's people. I was
promised no bribe, and I expect nothing but what a witness ought to get in my circumstances of life.
I was not willing to come, but undersUxkl that they could legally compd me. Depones, that on the
inteimediate days between those on yrhich Mr Madntyre returned to Tobermory from Eanlochspdvie
and started again from TobemKwy to Einlochspdvie were spent in Tobermory, but I did not know what
he was doing those days. — ^All which is truth, as I shall answw to Qod. H
(Signed) Donald Macphebson, Witness.
James Dewab, Modr.
Donald Macdonald, Pres. Clk.
At Pobt-Ellxn, November 26(h, 1858.
Compeared Mr Colin Hat, redding at Callumkill, who bdng solemnly sworn and examined, tn
tnUiaHbui, depones: — I am not a communicant of the Established Church of Scotland, but I signed
the oljections to Mr Macintyre's settlement I formed part of a committee of three persons, consisting K
0l Mr Graham, Mr Hunter, and mysel£ There was no particuhur party we had in view, in communi*
Gftfing with the Lord Advocate, whom we wished to be presented to the parish. I know of one letter
6
riioov Foii THi: objectohs.
A I could not say that he was sober. I have no recollection that !Mr Maciutyre preached in the Parish
Church of Kildalton on the Sunday after my marriage, nor of meeting him, and being introduced to
him in the manse, nor of afterwards meeting him a day or so afterwards in my own house. I slall
adhere to my statement that, previous to May last, I did not know that there was such a person as Mr
Madntyre in existence, so far as I recollect. I cannot say whether I attended the Church of Kildalton
on the Sunday after my marriage.
B Re-interrogated for tho Objectors. — Depones, Lagavulin is a village in the parish of Kildalton,
and the oldest village in that parish or in Islay. It is situated in the immediate neighbourhood of ih«
Parish Church. I think the thirteen parties referred to in my cross-examination, and their relatioiui
also referred to, attend the Parish Church of Kildalton. The most of them are yery regular in their
attendance. The oidy other village in the parish is that of Port-Ellen, which is about two and ft-half
miles distant from the Parish Church. — All which is truth, as the Deponent shall answer to Qod.
C (Signed) Waxteb Grahui.
James Dkwab, Clerk, P.T.
Donald Magdonald, Pres. Clk.
At Kildalton Church, the twenty-fifth day of November, 1858.
D
Compeared Don.vld Macphebson, residing in Tobermory, who being solemnly swoni and eza^
• mined, depones as follows : — I have resided in the village of Tobermory near forty years. I am
well acquainted with the Rev. Mr Macintyre, Presentee to the parish of Kildalton. I was employed
by the Presentee when he first came to Kinlochspelvie, after the Disruption. I was only a month em-
ployed by him at that time. I was employed about a week now and again at that time, and
E altogether made up that time. Depones, I was again employed by tho Presentee in taking care of hia
horse about three years ago, when he came to live with his family in Tobermoiy. I continiied to take
chai^ of his horse about a year.
Interrogated. — Is it consistent with your knowledge that the Presentee has, during the last thvae
years referred to, been in the habit of spending several days in each week in Tobermory?
Objected for the Presentee. — ^The proposed question is incompetent, in respect the salject-malttr
F of it has not only not been admitted to probation, but was expressly found to be irrelevant by ths
judgment of the Presbyteiy of 8th September last
Answered. — ^That the question is relevant to the second objection as sustained. The part of tlM
second objection as it originidly stood, which the Presbytery found to be irrelevant, referred more p«r-
tioularly to the charge that the Pr^entee had a separate residence in another pariah, whioh the
Presbytery thought was matter for libel if true, and also to the logical structure of the second oljeotion
Q as it originally stood ; but they left it to be inquired into whether the Presentee was "vigoroni end
energetic'' in the work of the ministry, and the question is, whether frequent and stated abaeneei
from his parisli is consistent with the active and energetic performance of his duties as a mimiteri
which is dearly and separately distinct from the question of residence.
Parties being removed, and after reasoning, it was moved by Mr Mackenzie, that the olijectifm be
sustained, which motion was not seconded. Mr Dewar of Kilchoman, moved that the objectioii be die*
H allowed, and the question allowed to be put, which was seconded by Mr Macphie, and carried, ilfx
Macdonald declined to vote. The second motion was carried, from which Mr Mackenzie disseuted;
against which finding tho agent for the Presentee protested and appealed to the ensuing meetiDg of
the General Assembly, for the following and other reasons to be stated at the discussion of this appeaL
1. Because the objection under which the question is put, being the second objection, is in the
following terms That the Presentee, in his present charge, has a manse and glebe adjacent to the
I church, and the parishioners number about 500. That the Presentee passes a great portion of hia time
in another parish many miles distant, where he has a separate residence, and thereby has ahown Ua
inability to take the spiritual oversight of so important and extensive a parish as Kildalton, with «
population so widely scattered; and therefore requiring a young, vigorous, and energetic minister,
which tho Presentee is not.'*
2. Because the Presbyter}', on the eighth day of .September last, when discussing the relevancy of
K the objections, pronounced thu following deliverance : The Presbyter}' then proceeded to consider the
relevancy of the second objection, and after having heard parties' procurators, they unanimously find it
relevant, eo far as it alleges that the j uiioli ul Kildalt^n; willi i\ pdpiili'tit n 5>u widelv scattered, rcqnizea
PUOOF FOR THK OBJKCTORS.
7
ft Tigoroos and energetic mioisteri which the Presentee is not; bttt| quoad uUra, they unanimously find A
the aaid objection not relevant
S. The queetion which has now been found relevant, is exactly part of that clause of the second
otrjection; which, as already shown, was expressly found not to be rdevant to go to proo£
The agent tor the Presentee also took instruments in the Clerk's hands and craved extracts, which
were allowed. The agent for the Objectors acquiesced.
The agent for the Presentee intimated that he held his objections and reasons as applicable to all B
qiieslions of a similar nature put to this witness.
The witness being recalled and the question put, depones, During the time I took charge of his horse
iB Tobermory, he was in the use of going to Kinlochspelvie on Friday or Saturday, and to return to
Tobermory on Monday or Tuesday, and whiles he would remain at Kinlochspelvie for a fortnight at a
time. There were no particular occasions when he would remain so whiles away. The distance be-
twe^ the manse of Kinlochspelvie and where Mr Madntyre lives in Tobermory is about thirty miles. C
Mr Madntyre usually travelled in a spring cart between die two places when I was employed by him.
I know the road well, and would take a day to go to Kinlochspelvie, and a day to return from thence
to Tobermory. Tobermory is in a different parish from Kinlochspelvie, and Torosay and the Qovem-
ment parish of Salen are between the two. Mr Madntyre lives on the shore at Tobermory, and I live
up the hne or upper village, and there is a plantation between the two places. Since I ceased to be
employed by Mr Macintyre he might be in that part of the village where he lives and I might not see D
him. I was working at my own place, and did not see him often since I left his service, and I may have
seen him a day now and again without taking any particular notice.
Interrogated for the Presentee. — Depones, I am about sixty-three years of age, and I have been a
servant with Mr Madntyre's &ther at different times. I am a Free Churchman, but I am not a com-
municant, and do not deserve to be so. Before the Disruption I was an adherent of the Established
CShuich of Scotland. E
Interrogated whether he was visited with church censure during the time he was an adherent of the
Church of Scotland. — Depones, that he was called before the session, but that no duuge had been
proven against him.
Interrogated whether he &ve separate frx)m his wife. — Depones, that he is not bound to admit or
justify the goilt of his wife, and that this is all the answer that he shall give to the question.
Interrogated what he is working at — ^Answers, I am a fisherman, and doing every other thing that I F
can work at Depones, I knew notbdng about this case until an officer was sent to me to summon me.
It is about a fortnight ago since I got ^ summons, and I left it to themsdves to say how much I was
to gel for coming here. I have no ill-will or spite against Mr Madntyre. I have nothing against him
from my very heart.
Be-interrogated for the Objectors. — Depones, Mr Macintyre employed me as before-mentioned after
I was brought before the session. ¥niat I meant by stating that I did not deserve to be a communi- Q
oaat is, that a man should have the witness within himself that he is one of the Lord's people. I was
pronusad no bribe, and I expect nothing but what a witness ought to get in my circumstances of life.
I was not willing to come, but understc^ that tiiey could legally compd me. Depones, that on the
intsnnediate days between those on which Mr Mamtyre returned to Tobermory from Eanlochspdvie
and started again from Tobermory to Kinlochspelvie were spent in Tobermory, but I did not know what
he was doing those days. — ^All which is truth, as I shall answw to Qod. H
(Signed) Donald Macphebson, Witness.
James Dewab, Modr.
Donald Macdonald, PtcR. Clk.
At Pobt-Ellen, November 26(h, 1858.
Compeared Mr Colin Hat, redding at Callnmkill, who bdng solemnly sworn and examined, tn
iniiiaHbm, depones : — ^I am not a communicant of the Established Church of Scotland, but I signed
the ol(jeetions to Mr Macintyre's settlement I formed part of a committee of three persons, consbting K
<lf Mr Graham, Mr Hunter, and mysel£ There was no particuhur party we had in view, in communi-
eating with the Lord Advocate, whom we wished to be presented to the parish. I know of one letter
PHOOF roll THE On-TECTOllS.
A written to Dr ^laclcod of St Columba, which I thiuk was signed by Mr Urahnni. I am not aware of
any person having been suggested to I)r Macleod, either by letter or otherwise. There were soTenl
parties suggested by Dr Macleod. I am not possessed of any Icttera written or received by the
committee on the subject of the presentation. Neither Mr Graham nor Mr Huutor mentioned to me
the names of any parties they wished to be presented to this parish. I did not prepare the objectionSj
but after they were prepared^ I suggested some alterations.
B Interrogated. — Did you, previous to the objections being signed, call upon any party or parties^
and particularly on Donald Campbell, Kintour, and his wife, to induce them to sign the oljectioni^
and did you point out to them the Psalms, or any other part of the Presenteo-s discourses at Kildaltoni
with the view to depreciate the Presentee^s qualifications t Depones, I used no manner of Goercion, or
even entreaty, with any party as to signing the objections. I saw Donald Campbell and othen at
Kin tour, stated to them some of my objections to the Presentee, and pointed out to them some of the
C Psalms in question. I am not very sure, and indeed I do not think that there were any other partiei
to whom I stated my objections to the Presentee. I do not recollect that I went to any parties, and
I read the objections to any one except Thomas Scott, my own shepherd, whom I met accidentally on
my way homo from Ardbeg to CalluiiikilL He and his wife signed the objections. I did not tell them
to : ign them. I suppose I was present during some part of the time the proof was led for the Objectors,
and heard some trifling questions put to Mr Graham, such as " if he was a Justice of the Peace.*' Our
D clerk, Mr Macniillan, went with Mr Weir, one of the Objectors' agents, to Mull, to act as interpreter,
but I did not know the precise purpose for which he, Mr Weir, went. Mr Hunter requested me to
allow Mr Macmillan to accompany Mr Weir to Mull, as the latter did not understand Qaelic. I had
a good idea that it was in connection with evidence to be got up for this case that he went. I can't
say whether there are any parties in Mull who can interpret Gaelic into English, but it is my opinion
there must be.
B Cross-interrogated for the Objectors. — Depones, I am an adherent of the Established Church of
Scotland. For several years I have been a regular attendant, along with my wife, in the Parish Church
of Eildalton. Depones, with regard to the proceedings which took place previous to the issuing of the
presentation in favour of the Kev. Mr Machityrc, the coniniittce was authorised to communicate with
the heritor, Mr Ramsay, Dr Macleod, and the Lord Advocate : but no letter was written by the com-
mittee, nor any member thereof to the Lord Advocate after I became a member of committee, as hi
F as I know. I think I was a member of committee from the first. I never wrote, nor authorised any
letter to be WTitten to the Lord Advocate either before or after I became a member. When I signed
the objections, I considered that I had a right to do so, and to exercise the privileges of an objector.
I have examined the list of objections, and see that neither Donald Canipbell of Kintour, nor any of
his family, are objectors. I know that Thomas Scott, my shepherd, heard Mr ^^lacintyre preach his
trial sermons. Depones, I did not induce Thomas Scott to become an objector. I did not know die
0 Presentee, and did not hear him preach, to my knowledge, before he preached his trial sermona De-
pones, I had no prejudice, enmity, or ill-will at the Presentee, and went to hear him preach with the
purpose of forming a fair and dispassionate opinion as to his qualifications. I always retired from
church when requested to do so during the evidence of those who were examined in this case. If I
entered the church, it was only to hear the discussion of the agents on points of kw. I heard veiy
little of Mr Graham's evidence. Depones, nothing that I heard would have the slightest inflnence
H upon my testimony. I was not present in consequence of any culpable negligence or criminal intent,
and I am not aware that I have received any instruction from any part of the evidence I may have
heard. I know that Mr Graham's evidence was published in the Bulletin newt;pa})cr, and I i^id the
report of his initial examination, but not his examination in camOj which, I ain told, has been pub-
lished in a subsequent number. I am quite certain that our clerk, Mr Macmillan, was never xeodent
in Mull, and I don't think that he was never in Mull before the occasion on which he accompanied Mr
1 Weir. He understands the Gaelic and the l^nglisli lanj^oiages, and Mr Macmillan was permitted to
accompany Mr Weir to Mull, only for the purpose of acting as interpreter to Mr Weir.
Re-interrogated for the Presentee. — DepoDos, I did not .sue Mr Weir before he went from lalay
to Mull, but T gjtvo liiiii le tter.-; <)f iiiinidiK tioii to jKirtiLS in MiiU to Mr Weir. The one letter was to
Mr Walter Elliot, »Scoar, and the oilier to William Tirie, writer in Tobermory. I did not mention in
my letters to these gentlemen Mr Weir's ol>je( 1 in goiir^^ Tobermory. I did not request tlie Camp-
K bells of Kintour to sign any new ul>jections, i;. did J seiul any other paper to them for the purpose of
being signed in refercneo to tliis business. . 1 though Mrs J Fay and myself have been, as already
deiwned to. attending the I'arisli Chiircli of Ki lalton for several years back, none of our children bom
PBOOP FOR THE OBJECfTOBS.
9
during tlukt period ha^e been baptised by a minister of the Established Churoh of Scotland. The age A
of our yonngest child is about fifteen months. Oar first child was baptised in Glasgow by the Bey. Mr
Horison of the Evangelical Union, and the second by the Bev. Malcolm Madanrin, Independent
minister at Port-Charlotte, in the parish of Solchoman, Islay. The second child was bom in the
parish of Kildalt(Hi, where I was residing, and the parish minister, the late Bey. Mr Mactavish, was then
Siva ^ ^
Wherenpon the agent for the Presentee objected to the adnussibility of the witness, npon the B
gEOond stated against tiie admissibility of the first witness examined for tiie Objectors, and upon the
additional grounds disclosed by the above examination. And the agent for the Objectors repeated lus
answer to tiie objection stated to the admissibility of the first witness, with the additional answer that
the witness has disclosed no ground which can affect either lus admissibility or credibility in point
of law.
Forties being removed^ the Presbytery, after reasoning, repel the objection, and allow the witness Q
to be examined in eama.
Agpiinst which finding the procurator for the Presentee protested, and appealed ttt nfpra.— All
which is troth, as I shall answer to Qod.
(Signed) Cous Hat.
Jambs Dbwab, Moderator.
Donald Macdokald, Plres; Clk. ])
At Pobt-Ellxn, Twenty-sixth November, 1808| at Six km;
Be-compeared Mr Colin Hat, witness for the Objectors, who, being solemnly sworn and axa-
nuned in cotMo, depones : — am a distiller, and reside at Galium Kill. I am a partner of the firm of i
Hassn A. Macdougal and Co., Distillers, Ardbeg, and I am the managing partner of that firm.
Ardbeg Distillery is one of the laigest in Islay. I am the tenant of the farm of Callum Kill and
other farms in the parish of Kildalton, and I thhik I am the laigest tenant £eurmer in that parish. I
am married. I am a native of the piunsh of Kildalton, and have resided in that parish all my days,
ezeepting about two years, during which I attended the parish school of Killarron, in Bowmore.
I am w^ acquainted with the extent of the parish, its population, and social conditioa With r^;ard p
to its extent, I think it is twenty miles in length by tiie old road, from the river of Laggan to the
eAamty of Proig farm. Its extreme breadth is from seven to eight milea The population is
widely scattered over the parish. The population consists partiy of an EngUsh speaking and partly of
» Qaelio speaking people. The EngUsh speaking population has been on the increase of late years.
The population of the parish of Kildalton, quoad avUia, according to the last census taken in 1851,
was SSIO. I see tUs stated in Oliver and Boyd's Edinbuigh Almanack for this year, at p. 512, also Q
in an almanack, by the same publishers, for 1853, which hM also been put into my hands ; and in
the latter almanack it appears at p. 400, that the population of Oa is 1023, and that the population of
Kildalton is 3315. From my knowledge of the pansh of Kildalton, I coincide in the statement of
the Edinburgh Almanack of 1858, p. 512, already referred to, that the population of that pariahi
quoad eivUia, is upwards of 3000, and I now put in a copy of the official census for 1851, which is
docqueted and subscribed by me the moderator and clerk as relative hereto. It is impossible for me H
to assert whether or not the population has increased since 1851. There are two diurches in the
parish of Kildalton, exclusive of the district of Oa, viz., the Established Church at Lagavulin and the
Free Church at Port-Ellen. There are six week-day scliools in the parish of Kildalton. I know of
two Sabbath schools in the parish, one at Lagavulin and the other at Port-Ellen. With few excep-
tions, the population of the parish is Protestant. I have attended the Parish Church of Ealdalton
r^gdarly since the Independent minister left Port-EUen, which is not less than seven years ago. I I
understand the English and Gaelic languages equally well The congregation of Kildalton Church is
partly Gaelic and partiy EnglisL There has been always, in my experience, a Gaelic and an English
aervice eveiy Sabbath, the Gaelic being first I generally attended the English service, but sometimes
the Gaelic alsa I know of about sixteen families who attend the English service; but I do not know
the precise number of persons who attend ' I think they may be about thirty persons who attend the
English service; but there is a larger attendance in summer than in winter. Veiy few persons who K
attend the English service understand the Gaelic language. I attended service in the Kildalton Parish
Cbnreh on Sunday the first, Sunday eighth, and Tuesday the tenth of August. On the first and second
a
10
PROOF FOR THE OBJECTORS,
A of these days, I attended both the Qaelic and Engliuh Bervicos, and on the last the Engliih servioe anHj^
Mr Macintyre, the Presentee, officiated on these several days, by order of the Presbyteiy. I wai not
quite satisfied with his manner of conducting the church services on either of these days. His majvn
did not strike me as being solemn or impressive, either in manner or matter. I did not conaioer tbal
his discourses possessed much edification, and I was not much edified by them. I thought the suljects
might be very well connected with the texts. I did not consider that the discourses themselyes wm
B weU connected. I considered that they were deficient in the illustration of the subject taken up. I
thought the Scriptural quotations, in a good many instances, were confused and desultory. I thought
it was very difficult for me to remember the sermons as a whole, and I found a difficulty in remember-
ing them from the want of good connection in the parts. It required a considerable stndn of attention
on my part to follow the preacher*s ideas. I thought the discourses rather defective in point of pno-
tical application. I did not consider his delivery impressive. His delivery had more the cluncter of
C recitation than of earnestness and direct append to the understanding and the heart. I apply that
observation to the delivery of his English discourses. I thought some parts of the services were
inappropriate.
Being interrogated. — In what respect they were inappropriate, the procurator for the Fteeentee
stated I hat he does not object to the question as put, but as he believes it is intended to elicit an
answer in regard to a matter which has already been found to be irrelevant, he reserves hia right to
Q object to any such answer being taken down in the proof
The agent for the Objectors protested against the evidence being encumbered with vague state-
ments of this description, and averred that the question had been answered, when a discussion arose;
but supposing the interrogatory had not been answered, the agent for the Presentee was bound to state
specific objections to it
The Presbytery allow the question to be put in the meantime, but reserve for consideration
E whether the answer should be taken down. Against which finding,
Mr Dempster, as agent for the Objectors, protested and appealed to the ensuing meeting of the
Qeneral Assembly, took instruments in the Clerk's hands, and craved extracts for the following and
other reasons, to be stated at the discussion hereof: — 1st. That the question is competent 2d. That it
has not been objected to. 3d. That it is uUra vires of the Presbytery to anticipate a witness's answer
to a question, and to find that they reserve consideration whether the answer should be taken down.
F The witness recalled, and the question put The Presbytery, by a migority, refused to allow the
answer to be taken down, except to the extent that the witness states as part of his answer, that the
inappropriateness applies to the statements made in a previous part of his evidence — ^the part of the
answer refused, being applicable to a matter which was found by tiie Presbytery to be irrelevant on 13kb
eighth of September last; from which judgment Messrs Dewar, Kilchoman, and Mr Macphie, Portna-
haven, dissented.
Q Whereupon the agent for the Objectors protested and appealed for the reasons above stated, and
others to be discussed at the bar of the Qeneral Assembly, and for other reasons to be given in in dne
time.
The examination bebg resumed, the witness depones — In the Qaelic, I considered his ddiTny
rather hurried. I consider hurried and abrupt to be the same thing. Depones, That upon Snndi^
the first, and Sunday the eighth days of August, the Presentee did not read any portion of Scriptoie
H before commencing Uie sermons, except the texts, and the psalms given out to be sung.
Being interrogated. — ^Wheiher the Presentee, on Tuesday, the tenth of August, read a portion of
Scripture before sermon, and what that portion was?
Objected for the Presentee. — There is no statement whatever in the objections under proof hi
regard to the Presentee reading any portion of Scripture ; but the objection is, that he did not read
any portion of the Holy Scriptures.
I Answered for the Objectors. — The sermons preached by the Presentee have already been prodnoed,
and form part of the evivence in caiisa, and it is specially alleged in the third objection that the
services were most inappropriate. The portion of the Scripture reaid formed part of the services, and
it is only by comparison of it with the discourse delivered on that day, that the Court can judge
whether the services were appropriate, and whether it was appropriate to the occasion.
Parties being removed, the Presbytery, after reasoning, sustain the objection, whereupon the agent
K for the Objectors protested and appealed, ut supra.
Depones, the text of the Gaelic sermon on tl ? first of August was Psalms IxvL 6. The text in
English same day was in the Book of Psalms. Th( words being, " Our bones are scattered at the gravels
PROOF FOR THE OBJECTORS.
11
mouthy as when ouc cntteth and deavoth wood upon the earth." The verse following also was given A
out as a part of the text On Sabbath the eighth, in Gaelic, the text was 1 Sam. x. 26, 27 verses, and
ih Eng^ the text was Acts xxL 16. On Tuesday the 10th of August the text in English was 1
Chroa iv. 10.
Being interrogated what Psalms were given out by the Presentee on these several occasions, so &r
as he can recollect — Depones, I cannot at present name the Psalms given out to be sung in connection
with the first Qaelic service, not having my notes here. Psalm cxlL 7 was given out to be sung in con- B
Hection with the English service. On the eighth I cannot name the Psalms connected with the Oaelic
service, for the reason above stated. Of the Psalms connected with the English service on that day I
can only name one, viz., cxx., for the reasons above stated. I wUl produce my notes at the next diet.
Depones, I had a difficult)r more than once in finding out the psalms, by reason of what I considered
at the time indistinctness or lowness of voice on the part of the Presentee in naming the psalms.
Depones, speaking from the services of the Presentee on the occasions referred to as my only data^ I C
state that I do not consider him qualified to be my minister. — ^All which is truth, as I shall answer to
Ood.
(Signed) CouN Hay.
James Dewab, Moderator.
Donald MAca)0NALD, Pres. Clk.
D
At Lagavulin School House, 29th November, 1858 years.
Be-compeared the said Mr Colin Hay, who being again solemnly sworn and examined for the
Presentee, depones, The notes referred to in my former examination are now before me. I find the
several texts to be as formerly stated by me. I have no note of the psalms sung in connection with the E
fixst Qaelic sermon. At the second Oaelic service, the 84th Psalm was dven out to be sung, as also
the 60th Paraphrase. At the first English service^ Psalm 141st from the 7th to 10th verses; also the
00th and fflst Paraphrases. At the second English service, the 120th and the 122d; and also the 42d
Paraphrase were given out to be sung. I have no note in connection with the third Engjiah service.
Further depones, in omnibuSf in terms of his initial examination, which was duly read over to and
■nbicribed by him at the last diet at Port-Ellen— I am not always in the habit of taking notes of the F
texts or Ftaims given out by ministers, but I sometimes do so, and I cannot remember when I took
eooh notes before in the Parish Church of Kildaltoa I believe the Beverend Mr Moiiaoni to
whom I have referred in my initial examination, is a preacher in connection with the body commonly
oeBed Morisonians. During the time that I stated, I attended regularly the Parish Church of Kit
dalton, I pretty often went to hear the Beverend Mr Maclaurin, the Independent minirter of Port-
Chadotte^ when he came to preach at Port-EUen, irrespective of there being or not being service in 0
the Parish ChnrcL The last occasion on which Mr Maclaurin officiated at Port-Ellen was severaT .
months ago. He has come round statedly for the last forty years, as I believe, upon a preaching tour,
in the district which includes Port-Ellen. He comes generally twice a year. Port-Charlotte is about
twen^five miles from my residence. The last time he was round I attended his services in the
adhool-house at Lagavulin. This was about three months ago. There was no sermon in the Parisli
Church on that occasion. I do not suppose that was my reason for going to hear him on that occa- H
non. He stayed in my house, and he generally does when in the Lagavulin district When at Port-
EUen he generally stays with James Campbell, merchant there, one of his hearers. When in the
perish of Oa, he stays at the manse. Mr Maclaurin often sends me word when he is coming, and
sometimes I intimate Ms coming to parties in the district The rental of the farms referred to in my
examination in chief, is £261 10s. I never measured the extent of the parish, and my estimate of its
length and breadth is derived from my having walked over it About one-half of the population is I
locited in Port-Ellen, which is upwards of three miles, but not four miles, from the Pari^ Church.
I believe the population of Port-Ellen to be about 1200. In stating the population from the census
of 1851 to be 3310 for the parish of Kildalton, I include in these figures the population of the quoad
Kura parish of Oa, which I observe stated in Oliver and Boyd's Edinburgh Almanack for 1853 as 1023.
I do not think the latter figures are correct I consider the population of Oa does not exceed 900, and
I estimate the population of Kildalton, exclusive of Oa, in 1851, as about 2500. Port-Ellen is about K
due west from the Parish Church. The next largest collection of inhabitants is, I think, at Ardbeg,
Tbich is about a mile from the Church. The next largest collection of inhabitants is, I think, at
12
FEOOF FOR THE OBJECTORS.
A Lagavalin, which is beside the Church, and the population of the two last places is about 200 soula.
Qlenegadle, and Duich Muir, comprise about 200 more. The latter district is the fiuthest off firam
Uie Parish Church, towards the west and north-west, and by the new road it is ten miles, but hj tba
old road twel7e miles from the Parish Church. It is only necessary to take a circuit of four milea
to include the greatest bulk of the inhabitants. I speak to the number of the population from my
general knowledge of the parish, but in 1841 I assisted in taking part of the census, via., the north
B end of the parish, but I cannot say that this assists me much in making my estimate as above. With
reference to my statement that the English population has increased of late years, I depone^ that flus
has arisen, 1st, From an increased number of Excise officers being attached to distilleries within the last
• three years ; 2d, From several low country farmers, shepherds, and tradesmen, having come to the
ymak within the last five or six years. There have been four or five additional Excise officers attached
to the distilleries within the last three years or thereabouts. All these officers are not married. I
C think three out of the number are married, and one of them I know has a family, but I cannot tell the
number. As to the others I do not know whether they have fEimilies or not. I estimate the increase
from this source to be from ten to twelve. I am not aware that any of these parties understand the Ghelic
language. I know five families, consisting of farmers and shepherds, came to the parish who only
understand the English language, and one of these families left the parish in June last, and I reckon
about twenty English speaking people from this source, indading professional men and tradesmen. I
D think the parish has been increased in population by from six to eight additional individuals who do
not understand the Gaelic language. Upon the whole, I think the parish has increased in population
since ISdl. What I have stated above are all the instances I am able to give of the increase of the
English speaking population. I cannot state the number of English speaking people in 1851, but it
was considerably less than at present In 1851 I do not think there would have been more than fifteen
individuals in the parish who could speak English only.
E Being shown the names attached to the objections, and interrogated how many of these parties do
not understand the Gaelic language? depones, Twelve
Being shown the list of parties communicants found entitled to insist as Objectors, and being b«
terrogated how many of these parties do not understand Gaelic? depones, Eight; but two in addition
to these understand it only partially.
Bemg shown the objections, and the names adhibited thereto, and being asked to state haw naqr
t names of Excise officers are attached to the same? depones. One, whose name la AJexander Gkndnii
LagavuUn, a distillery under the charse of Mr Walter Grahun, one of the Ohgectors.
Being asked how many shepherds' names are among the names attached to the olgeotioiiat de-
pones, Two. The first is Thomas Scott, my own shephc»rd, whose wife is also an objector, and Jamea
Bobertson, shepherd with Mr Ramsay, at Comabus. There is only one professional man, whoae name
is attached to the objections, viz., Dr Johnston, my brother-in-law. The only farmer who does not
0 understand Gaelic, and whose name is attached to tlie objections, is Mr William Hunter, who la at Ae
same time distiller at Laphroig, as appears from the said ol:gections. There are just two trademen
who do not understand Gaelic, whose names are attached to the said objections, viz., Peter Macartiiuri
cooper, and Stewart Fraser, baker.
Interrogated. — ^With reference to that part of your deposition in which you state that the prajeta of
the Presentee, on the occasions deponed to, did not strike you as being solemn or impressiTe^ eiiher in
H manner or in matter, you are desired to state the cause thereof? Depones, In r^;ard to manner, I
consider the Presentee had an offensive way of opening his eyes during prayer, which In my oaae
had the effect described ; and with regard to matter, I tiiought them veiy commonphoe and inocon-
prehensive.
Interrogated. — Do you consider that commonplace prayers are usually incomprehendUet De-
pones, I did not say they were incomprehensible, but incomprehensivej and I mean oy that word tliat
1 they were limited in their scope.
Interrogated, and desired to state in what respect the prayers were defective, or wanting in scope?
Depones, I cannot condescend upon particulars, but I relate my impressions at tlie time. Among the
constituent elements of prayer I understand to be adoration, confession, supplication, and thanka|^ving.
Interrogated. — ^What led you to consider that the discourses did not possess much edification, and
what was the cause of their alleged failure to edify you? Depones, A comparison of my knowledge
K and experience of sermons iu general, ^vith the sennons in question, and they failed to edify me from
their want of illustration, good connection, and confused and desultory style. In regard to edification,
I consider that it mainly consists in enlightening the understanding, and improving the heart, thence
PROOF FOR THE OBJIOTORS.
13
the Goodnot of man's life. I haye had a coiudderable experience in hearing sermoiOy and I am a pretty A
rogidar attender at church. In Sabbath schools, I haye been accastomed to expound or explain
Soiptoie to others, and to a yeiy limited extent, a considerable time back, in meetingB for religioas
exennaesL
Being interrogated whether these occasions were in connection with the EstaUished Chnrch of
Scotland? Depones, I am as unsectarian as any person can be; but at the time referred to, aboot six
yean ago, I was a member of the Independent Church, at Port-Ellen. B
Intenrogated.— Do your statements with r^ud to the want of edification, connection, illustration,
and style, apply to all the discourses, both English and Qaelic, or only to part of themt Depones, To
aD, with the exception of the first Qaelic sermon, which I thought better than the rest
Interrogated. — ^Are you prepared to giye any instances of the alleged want of edification and con-
nection, or ^ any deficiency of illustration or style in any of the sermons which you heard) Depones,
These things, attadiing as they do to the discourses as a whole, I am not able to condescend upon the C
particulars required, and the same answer wiU apply to a similar question with regard to my statement,
that it required a considerable strain of attention, on my part, to follow the preacher^s ideas, and that
I thought the discourses rather defectiye in point of practical application.
Interrogated, and desired to state in what the alleged want of impressiyeness of deUyery consisted.
Depones, that it was monotonous and did not possess that degree of animation and direct appeal to the
audience requisite to a good deliyeiy. I do not mean that the discourse was deliyered upon the same D
]cey,norwas the whole of it in the same tone of yoice; most likely there was a modulation of the yoice,
but I haye not a good musical ear, and I am rather ignorant of musia The want of direct appeal to
the audience was one of the causes of my considering the deliyeiy unimpressiye; this remark ai^lies
to the EngUsh discourses. I mean by a direct appeal, a speaking to the peopla There was no leyify
of manner, or want of seriousness, about the Presentee. I mean by the character of recitation that I
liaye attached to the deliyeiy, that it was more like the reading of a lesson out of a book I regard a E
manuscript sermon as good and as e£G9ctiye, when well deliyered, as an extempore one.
Be-interro£pBited for the Objectors. — ^Depones, Mr Madaurin, the Independent mimster at Port-
Ciharlotte, is much respected. I belieye that he frequently resided at the manse of Eildalton, when he
oame to this district during the late Mr Mactayish's life. With the exception of the occasions lAen I
sitlended Mr Madaurin's preaching when at Port-Ellen, and in this dirtrict once or twice in the course
of the year, and occasionally attending the sendee in the Free Cihurch, which was generally lAm F
tk«re hwpened to be no service in the Fkudsh Cihurch, I haye been a regular afttender of the Buiah
Ghureh for the last six yearSb
Interrogated. — Notwithstanding what yon haye stated, are you an adherent of the Established
Ohuroh of Scotland} Depones, I would say that I am, and that I oonsider it of the utmost importance
to maintain the eflbdenoj of the Established Cihurch, particularly in the Highlands, where Vduntaiylun
cannot sup^ the spiritual wants of the people. Besides the population which I have referred to as Q
located at rort-Ellen and other places, such as Ardbeg, Lagayulin, Glenegadle, and Doich Muir, there
im a considerable number of fitrmers and others, whose residences are scattered oyer the parish, and at a
considerable distance from the Parish Church. All the parties whose names ate adhibited to tilie
otjections are regular attendants, with yeiy few exceptions, at the Pteish Church. We haye three
medical men in the parish, all of whom occasionally attend the Parish Church. I haye referred again
to the list of Objectors, and find appended to that list the names of forty-one indiyiduala who under- H
stand the Qaelic language, and thurty-seyen of these attend the Gaelic senrice. Depones, I haye seen
the Call, but haye not examined it with much attention, and as it is not now in Court it cannot be
referred to. Depones, a great number of indiyiduals whose names appear adhibited to the Call, are far
ficom being regular attenders in church, that is, the Church of Eildalton. There is a Sabbath adiool
held in the sdiool-room at Lagayulin, in which I at the present act as a teacher, which schod I condder
to be in connection with the Established Church. t
Cross-intem^^ated for the Presentee. — ^There are about twenty-three out of the thirty-seyen
parties who understand the Oadic, and who attend the Parish Church as aboye deponed to, who
fcdde at or near Lagayulin. These parties are not all employed by Mr Graham, but with few except
tions they are. The Free Church is considerably farther away from my house than the Pteish ChurdL
I think that the countiy people here are generally defident in regular attendance at church, but they
•re quite as bad in the yillages here. I indude, in the forty-one who understand the Gaelic, Miss K
Qraham, and Robertson the diepherd. I am thirty-one years of age.
Itffinterrogated for the Objectors^— Depones, The ayerage attendance at the Gaelic sernces ii\
14
PROOF FOR THE OBJECTORS.
A Eildalton Parish Church is aboat one hundred. I occasionally but seldom attend the Gadie ■erfioH;
but I am usually forward at the church when the Oaelic congregation is being diwniawdi and I hm
frequently gi'oss guessed the number. — ^All which is truth, as I shall answer to God.
(Signed) Couw Hay.
James DswAfe, Hodentar.
Jambs Dewab, COerk, P.T.
B
Compeared Miss Horatia Ferry Graham, residing at Lagavulin, who being solemnly swom and
examined as a witness for the Objectors, depones, I am a communicant in the Parish Choich of Kit
dalton, and have beeu so for seyeiitecn or eighteen years, and I have been a regular attendant afe that
church during the time I have been in Islay. For about fifteen years I have acted as a teacher in the
Sabbath school at Lagavulin in connection with the Established ChurcL For the last ten yean I ham
0 had a week-day class for the young people belonging to the district of Lagavulin. I teach in that ached
reading, writing, and the Scriptium This school is for the young i)eople who are engaged at tiieir
labour during the day, and unable to attend during working hours. They accordingly meet eray other
night in my brother's office, and I take the charge of teaching them mysel£ This is a labour of lore
on my pait. Depones, I understand Gaelic «ind English, and have spoken the Gaelic language from my
childhood. There has been always, during my experience, two services in the Kildalton Cbuch, one b
D Gaelic and the other in English. Tlierc is a portion of the congregation who do not understand Gadi<^
and attend the English service only. On Sabbath, 1st August last, I attended the English aerrioe in
that church. On Sabbath the 8th August I attended both the Gkielic and English services^ and the
English service on Tuesday the 10th of August The Presentee, Mr Macintyre, officiated on these
occasions. I had never heard him preach before. I knew these to be his trial services as Fkesentee to
the Church and Parish of Kildalton, and I attended for the purpose of forming a £ur and dispaasiaiiate
E judgment regarding his qualifications, and expected to hear a good sermon. Depones, I was not satis-
fied with his manner of conducting these services, and I received no advantage from thenL His piayen
were not offered up with earnestness or solemnity, and I could not join in h^ prayers, for it was revolt-
ing to me to hear the Almighty addressed in such a manner. He opened his eyes now and won, and
turned them about the church, and, as it appeared to me, allowed his mind to be distaoted, hy whidt
he lost the thread of his subject. With regard to the matter of his prayers, they seemed to ms to
F be deficient in intercession; and he did not intercede for the church in particular, or for the chnfch
universal I paid particiUar attention to his discourses, but received no edification from them.
It did appear to mo that his discourses elucidated the text in the least The discourses themselves
were in no way connected the one part to another; but they appeared like a string of detaohed sen«
tences. The quotations from the Scriptures which he introduced did not appear to me to be at all
appropriate or correct He jumped about firom suliject to subject in such an extraordinary mannsr,
Q that nobody could follow him: his meaning at times was very obscure. For example, in his Igngi^h
sermon, on the 8th of August, the text of which was Acts xxi. 16, so fiur as I can recoUect, he spoke
as follows, viz. : — ''This old disciple sought to make amends for the sins he had been guilfy ot, whfle
yet a heathen in the days of his ignorance and daikness, that by present zeal in the Christian caiise he
might atone for past ignorance or persecution." These are the words, so fieur as I can recollect, and
the word atone is particulariy impressed upon my memory. On the 1st of August, his text in Eqg*
H lish was the 141st Psalm, 7 and 8 verses. On the 8th of August, his text in Oaelic was 1st Sam. x*
26 and 27 v.; and on the same day, his text in English was Acts xxL 16 v. On Tuesday the 10di|
his text in English was 1 Chronicles iv. 9, 10 v. With regard to his English sermon on Tuesday the
10th August, it was both obscure and unconnected, and I recoUect one part of it where, talking A tiie
Christian's lot being often a lowly one, he illustrated it by the example of Hoses forsaldng the splen*
dours of Egypt, and all at once he got to the end of his career — ^that is Moses* career — and of Moses
1 it is said, His grave is not known till this day." There was a little more said upon that subject, and he
made a bound to Geneva then, and spoko of the grave of the great Reformer, and the willow that weeps
over it That is what I gathered from that part of his discourse, but I cannot give his precise worai
In the English sermon of the ^th August, it was sometimes impossible to tell whether he was speaking
of Mnasou or St Paul.
Being interrogated, if upon the whole his discourses conveyed to you any useful instmctioiif
K depones, None whatever. Depones, I felt quite disgusted with regard to his delivery; his enunciation
was disagreeably loud — he roared. His deliv(;ry had more the character of recitation than of earnest
and direct appeal to the understanding and heail. lliis voice '\^•ithout uiudulation. llis preach^
PROOF FOR THE O&fEOTOBa;
15
ing did not seem to come from kit h^art, and I am Bare it fUlad to reach mine* Hie prayers were A
veiy diort, and very abrupt. EQs sermons were long enough for any good they did to me. I reooUeot
that in connection with the English service on the Ist August, one of the Psalms given out to be sung
was the 141st, and the last verses of that Psalm; and on the 8th August, one of the Psalms given
oat to be sung in connection with the English service, was the 120tiu He did not read any portion
of the Holy Scriptures on either of the Sabbaths on which I heard him, but on Tuesday the 10th
Angnsty he read the ninth Psalm. Parts of the services appeared to me to be inappropriata B
Being interrogated. — ^In what respect did they appear to you to be inappropriate t Disposed of,
protested, and appealed, as with regard to a similar question put to the witness, Mr Colin Hay, and of
consent of parties, reasons of appeal were also held as repeated. Depones, The whole services appeared
to me to be very inappropriate, and conceived in very bad taste. Depones^ These services appewed to
me to have been got up for the occasion ; and with regard to the sermons, I e^qdain that the two last
verses of the 10th chapter of 1 Samuel seemed to me to be a very singular text for a trial sermon; C
also his discourse, on the 8th August, from the 21st chapter of Acts, the 16th verse, in which he en-
larged upon the duty of hospitality. The Presentee's pronunciation was at times indistinct^ from his
intonation. The I^igavulin pew in church is in front of the pulpit, and at a short distance from the
pulpit^ and it is a very good seat for hearing. I occupied a seat in that pew on all the occasions
refimd to. On one occasion I had a difficulty in ascertaining the Psalm he gave out I do not con-
aider that the Presentee is qualified to be my minister, and I never heard an evangelical deigyman D
conduct the services of the Church in the way ho did. I have gone over the names of the Objectors
adhibited to the objections I know many of them personally, but not the whole of them. Some of
tliem I know to be most regular in their attendance on divine ordinances in Kildalton Parish Chnrch,
They are all respectable people. They include the better classes belonging to Kildalton Parish Church.
Interrogated. — ^Is it matter of notoriety that the most regular attendants of the congregation
in said churdi are dissatisfied with the Presentee's trial services) Oljected, answered, disposed of^ E
protested, and appealed, as with regard to a similar question put to Mr Walter Qraham ; and the
question being put, depones, Tes. The most regular attendants at the Parish Church of Kildalton
are opposed to Mr Macmtyre*s induction as minister of that church ; and also all those who have
demonstrated any zeal for the temporal and spiritual welfare of the parish, in as &r as I know. — ^All
whidi is trothi as I shall answer to God.
(Signed) Hoaa^tul Pbbst Obaham. F
Jambs Dswab, Moderator.
James Dewab, Clerk, P.T.
Be-compeared the said Miss Ho&atu Pebst Ocaham, who being agpun solemnly sworn and orois*
for the Presentee, depones — am a sister of Mr Walter Graham, Distiller, Lagavulin, who
ia one of the Objectors. Is it consistent with your knowledge that Mr Gbaham has taken a great
interest in the opposition to the Ptesentee, and Iwve you yourself done sot
Whereupon it was objected for the Objectors that the question ia incompetent^ in so far as it im*
plicates Mr Qraham, and idthoi:^ the witness may be bound to speak r^gajding the part she herself H
has taken, she is not entitled to offer any opinion regarding the interest that others may have taken in
regard to the present settlement
Answered for the Presentee. — ^The witness is not asked to give any opinion as to the conduct of
other parties, but simply to state whether or not it is the &ct tiiaX she and her brother have taken a
great interest in the opposition against the Presentee. An opinion Tuith regard to this matter, if it is a
fiMti is of course clearly distinct from the &ct itself and it is not intended to ask any oiMnion from Miss I
Graham. The question is therefore clearly competent according to the ordinary rulBs of legal evidence,
but more especially is it so having regard to the express terms of Lord Aberdeen's Act^ by which it is
enacted that the Presbytery "shall haye regard to the whole circumstances and condition of the
parish,** and "to the character and number of the persons by whom the said objections or reasons
ahall be preferred."
Parties being removed, the P^bytery, after reasoning, disallowed the question to be put^ in so £ur K
IM it refers to Mr Graham, but allow tiie question in so &r as it refers to the witness hersd£
Whereupon the agent for the Presentee protested, and appealed ut tupra} and the question as
16 FBOO? FOR THE 0BJE0T0B8.
modified being put to the witness, she depones— I take a deep and liyely Interest in oppoaiog aoch •
minister as I believe Mr Madntyre to be.
Interrogated. — ^Is your brother, Mr Qraham, married to a dau^ter of the late Incombent of tka
parish of Kildalton? Depones, I decline to answer the question.
Interrogated. — ^Whether your fiunily, and the fiunily of the late Bev. Mr Mactaviah, and tbrir
relatives in Islay, have taken a great interest in the opposition to the Presentee?
B At this stage the Rev. Mr Dewar of Oa^ the Moderator, and the Bev. Mr Mackenae, entered Uia
Court and took their seata
Whereupon it was objected for the Otgectors, that the question is clearly incompetent for the
reasons before stated.
Answered. — ^The answer made to the objection stated to the previous question is repeated.
IWties being removed, the Presbytery, after reasonings sustain the objection and diaalloiw tba
0 question; whereupon the Procurator for the Presentee protested, and appealed vi supra,
I have not been educated in Islay, and I have spent a good part of my life out of the idand.
When out of the island, I lived principally in Qhisgow. I attended di£ferent churches in CHaagow.
I attended one church in Glasgow in connection with the English Episcopal Church, viz., St Jude'a.
Interrogated. — ^For how many years were you in connection with the latter Church f— Depones^
I do not recollect It was for several years. And it was the lastdiurch that I attended before finally
1> leaving Qlasgow; and, of course, I communicated there. Previous to the Disruption I attended the
Tron Church and Saint Matthew's, in connection with the Established Church. We had sittingB in
both churches. I attended St Jude's and St Matthew's during the same period, but I did not com-
municate in St Matthew^s during the time that I attended St Jude's, after I became a communicant
in the latter churcL The witness adds, of her own accord, that her fiither and mother had aittings in
St Matthew's, and during the time they had such sittings, I was in use to attend St Matthew^s in the
E forenoon and St Jude's in the afternoon, and communicated in St Matthew'a After the sittings in St
Matthew's were given up, I attended St Jude's only, and communicated in that church. From my
education and position I, of course, mixed with the higher classes of society.
Interrogated. — How many ladies of the congregation of Kildalton Chureh do you know who have
received the same education and have taken the same position in society as yourself irrespective of your
own immediate relatives or connexions? Depones, it is utterly impossible for me to answer that qnea*
F tion. I know some of the parties who attend the English service in Kildalton Church. I am given
to understand that there are seventy individuals who attend the English services in Kildalton Church,
but I never counted them. Being a regular attendant, I am, of course, in the habit of seeing the
regular attendants at that church.
Interrogated. — ^Although you may not be personally acquainted with the regular attendants of the
church, are you not aware who they are^ and what is tiieir position? Depones, I decline to answer
0 this question, having only come here to answer for myself I understand a QaeUc sermon, but not ao
well as an English one. I can appreciate a good Gaelic sermon, and I can read the Gaelic BiUe. I
always spoke the Gaelic language, both in Islay and Glasgow, to those servants who knew Gaelio better
than English. I attended no Gaelic Chureh while in Glasgow. Till within the last year and » half
our fiunily have firom my childhood had a house in Glasgow and another house in Islay, and I waa in
the habit of spending the winter season in Glasgow and the summer season in Islay. For the last
H eighteen months I have resided constantly in Islay. I cannot specify the date when I heard the last
Gaelic sermon preached in Kildalton Chureh previous to the Presentee's preaching his trial sennona ;
but the last Gaelic sermon I heard preached there was the last Gaelic sermon I ever heard preached by
our late pastor. I think this occasion would be about the last Sunday- of March last I cannot tell
the exact date when I heard a Gaelic sermon previous to the occasion just referred to. ^
Interrogated. — ^Whether it was six months, a year, or two years, or about what period! Depones,
1 I cannot say, I am not in the habit of attending the Gaelic services, my domestic duties preventiziff
my doing so; but otherwise, I would attend the Gaelic services as regularly as I do the Engliah. I
am perfectly aware that people may be able to speak the Gaelic conversationally, and not be able to
understand a sermon; but if they speak it weU, they will be able to understand a sermon ptMj
tolerably.
Interrogated. — For what particular purpose did you attend the Gaelic service on the eighth of
K August last? Depones, I went to hear what sort of a Gaelic preacher the Presentee waa I had pre-
viously heard various opinions with regard to his Gaelic preaching. I took no note of the texts of the
discourses in question, nor did I mark them at the time; but they were impressed on my memoiy.
PBOOF FOE THE OBJECTORS.
Peponaa^ The week-day olaas, taoght by me, is chiefly attended by the children of parents residiog A
ivitidn the district of Lagavnlin, and aUo by yoang people who are grown up, and who reside in the
flame district. There are four or fiye parties who attend the week-day class, who neither themselves
' nor their parents are employed about the distillery or farm at Lagavulin; but the others are, and^the total
* number is seventeen. I never knew that such an individual as the Presentee existed, till 1 saw him
etmetted as Presentee to Kildalton.
Interrogated. — ^Did you go to hear the Presentee for the purpose of giving him a £ur and dispas- B
flionate hearingf Depones, I went expecting to hear a good sermon, and no one would have been more
vqoiced than I would, could he have proved himself a fit pastor for this pariah. In forming my opinion
of the Presentee's qualifications, and in subscribing the objections against him, I acted upon my own
convictions, and upon my own knowledge of his disqualifications, uninfluenced by the opinions or
statements of other parties against him. I cannot tell when I first saw the olyections against the
Fteaentee. I did not assist in firaming them in any way. I do not remember having acquired any C
additional information regarding the Presentee's disqualifications between the time I heud him preacli
aa a&resaid, and my signing the objections; and I recollect of no party having made any statement
to me disparaging to Mr Madntyre, except with regard to his preaching as aforesaid.
Interrogated. — ^Whether the objections were read by the witness herself or whether they were
read over to her by any other party, and how long it was before the objections were given in to the
Presbyteiy? Depones, I read them over myself very often before they were given in to die Presbytery, D
and this was some days before the moderation of the GalL
Interrogated. — Who was it that gave them to youf Depones, I decline to answer that question.
I caUed upon no person to induce them to sign these objections. I think I did hear one party read
tho objections over to me, but I decline to state who that party is. I did not hear of any party spoken
about who might be presented to the parish, previous to ike presentation in fiivour of Mr Macintyre.
Interrogated. — ^Did you consider it necessary to have a youngs vigorous, and eneigetic minister £
for the parish of Kildalton, at the time you signed the objections.
Objected for the Objectors. — ^That in so far as the word ''young'* is concerned, the question is
inoompetent, having been disallowed by the Presbytery as irrelevant
Answered. — ^^though it is incompetent for the Objectors to prove anything mam than has been
found relevant, it is perfectly competent for the Ptesentee in examining the witness, who is an Objector,
to show, in terms of the third section of Lord Aberdeen's Act, that the ''objections and reasons*' stated F
are not truly founded in any objection personal to the Presentee, in regard to his ministerial gifts and
qualities, either in general or with reference to that particular parish, or arise from cauaeleaa prejudice;
and unless the fullest investigation is permitted with regard to the objections stated, and the cause
thereof, as well as the manner in which they have been got up, it will be impossible for this Court, or
any superior Court of the Church, to arrive at a correct appreciation of the drcumstanoes and condition
of this parish in connection with the opposition made to this Presentee. It is not the fimlt of the Q
Olgaetora that the word "young" was found by the Presbytery to be irrelevant, for they aigned
strenuously that it should be kept in, and protested and appealed against the judgment finding it not
relevant
IVurties being removed, after reasoning, the Presbytery unanimously sustains the objection, and
refiised to aUow &e question to be put, in so far f» the word "young" is concerned, but quoad uUra
allow the question to be put H
Whereupon the agent for the Presentee protested and appealed ut tupra / and further, he declined
to put the question, as now modified, to the witness, in respect that the question had reference to
what the witness conlsidered at the time the objections were stated, and not to what she may now con-
sider is necessary for the requirements of the parish of Kildalton.
Interrogated. — ^Did you, at the time you heard the Presentee preach as aforesaid, consider him not
to be a vigorous and energetic mimster ? Depones, I can only give my evidence as to his pulpit I
mimstrations. I was in lalay at the time of my brother's marriage. I was present at the Parish
Church on the Sabbath thereafter. I do not recollect of hearing Mr Macintyre preach at or about the
time of my brother^s marriage, and I am certam he did not preach there iu my presence. The late Mr
Mactaviah preached in the i^emoon of the first Sabbath after my brother's marriage. I was not at
the forenoon service, which was in Gaelic. The remarks which I have made with regard to the Pre-
aentee's prayers and sermons apply to them all, as above mentioned by me. K
Interrogated and referred to that part of the deposition in which you state that you were not
aaliafied with the Presentee's manner in conducting the services, you are requested to state what it was
c
16 PROOF FOR TKR OBJECTORS.
\ /a modified being put to the witness, she depones-^I take a deep and lively interest in oppoiiiig moh a
\ / minister as I believe Mr Madntyre to be.
v/ Interrogated. — ^Is your brother, Mr Gh^diam, married to a dau^ter of the late Incombent of tht
parish of Kildalton? Depones, I decline to answer the question.
Interrogated. — ^Whether your funily, and the fieunily of the late Bev. Mr Mactaviah, aad tbrir
relatives in Islay, have taken a great interest in the opposition to the Presentee?
B At this stage the Rev. Mr Dewar of Oa, the Moderator, and the Bev. Mr Mackenae, entered Ae
Court and took their seats.
Whereupon it was objected for the Objectors, that the question is clearly incompetent for tlui
reasons before stated.
Answered. — ^The answer made to the objection stated to the previous question is repeated*
F^es being removed, the Presbytery, after reasoning, sustain the objection and disallow fha
C question; whereupon the Procurator for the Presentee protested, and appealed ut mprcL
I have not been educated in Islay, and I have spent a good part of my life out of the lalaiid.
When out of the island, I lived principally in Glasgow. I attended different churches in GHaagow,
I attended one church in Olasgow in connection with the English Episcopal Church, viz., St Jude*a.
Interrogated. — ^For how many years were you in connection with &e latter Church f—D^Kmei^
I do not recollect It was for several years. And it was the last church that I attended before finaUj
lb leaving Olasgow; and, of course, I communicated there. Previous to the Disruption I attended the
Tron Church and Saint Matthew's, in connection with the Established Church. We had sittiiigi in
both churches. I attended St Jude's and St Matthew's during the same period, but I did not com-
municate in St Matthew's during the time that I attended St Jude's, after I became a communicant
in the latter churcL The witness adds, of her own accord, that her &ther and mother had uttinga in
St Matthew's, and during the time they had such sittings, I was in use to attend St Matthew's in the
E forenoon and St Jude's in the afternoon, and communicated in St Matthew's. After the sittings in St
Matthew's were given up, I attended St Jude's only, and communicated in that church. From my
education and position I, of course, mixed with the higher classes of society.
Interrogated. — How many ladies of the congregation of Kildalton Church do you know who have
received the same education and have taken the same position in society as yoursel:^ irrespective of your
own immediate relatives or connexions? Depones, it is utterly impossible for me to answer that quea*
F tion. I know some of the parties who attend the English service in Kildalton Church. I am given
to understand that there are seventy individuals who attend the English services in Kildalton Church,
but I never counted them. Being a regular attendant, I am, of course, in the habit of seeing the
regular attendants at that church.
Interrogated. — ^Although you may not be personally acquainted with the regular attendants of the
church, are you not aware who they are^ and what is tiieir position? Depones, I decline to answer
Q this question, having only come here to answer for myself I understand a Oaelic sermon, but not so
well as an English one. I can appreciate a good Oaelic sermon, and I can read the Oaelic Bible. I
always spoke tiie Oaelic language, both in Iclay and Olasgow, to those servants who knew Oaelic better
than English. I attended no Oaelic Church while in Olasgow. Till within the last year and a half
our fiEunily have from my childhood had a house in Ohisgow and another house in Islay, and I waa in
the habit of spending the winter season in Olasgow and the summer season in Islay. For the last
H eighteen months I have resided constantly in Islay. I cannot specify the date when I heard the last
Oaelic sermon preached in Kildalton Church previous to the Presentee's preaching his trial sermons;
but the last Oaelic sermon I heard preached there waa the last Oaelic sermon I ever heard preached by
our late pastor. I think this occasion would be about the last Sunday of March last I cannot tell
the exact date when I heard a Oaelic sermon previous to the occasion just referred to.
Interrogated. — ^Whether it was six months, a year, or two years, or about what period! Deponei^
I I cannot say, I am not in the habit of attending the Oaelic services, my domestic duties preventing
my doing so; but otherwise, I would attend the Oaelic services as regularly as I do the Kngllah. I
am perfectly aware that people may be able to speak the Oaelic conversationally, and not be aUe to
understand a sermon; but if they speak it weU, they will be able to understand a sermon pretty
tolerably.
Interrogated. — For what particular purpose did you attend the Oaelic service on the eighth of
K August last? Depones, I went to hear what sort of a Oaelic preacher the Presentee was. I had pre-
viously heard various opinions with regard to his Oaelic preaching. I took no note of the texts of the
discourses in question, nor did I mark them at the time; but they were impressed on my memory.
PBOOP FOB THE OBJECTORS,
Peponaa^ The week-day class, taught by me, is chiefly attended by the children of parents residing A
ivitidn the district of Lagavolin» and aUo by young people who are grown up, and who reside in the
flame diatrict. There are four or Ave parties who attend the week-day class, who neither themselves
nor their parents are employed about the distillery or farm at Lagavulin; but the others are, and^the total
* number is seventeen. I never knew that such an individual as the Presentee ezisted, till 1 saw him
etmetted as Presentee to Kildalton.
Interrc^gated. — ^Did you go to hear the Presentee for the purpose of giving him a fair and dispas- B
flionate hearingf Depones, I went expecting to hear a good sermon, and no one would have been more
vqoiced than I would, could he have proved himself a fit pastor for tins parish. In forming my opinion
of the Presentee's qualifications, and in subscribing the objections against him, I acted upon my own
convictions, and upon my own knowledge of his disqualifications, uninfluenced by the opinions or
fltatements of other parties against him. I cannot tell when I first saw the olyections against the
Fteaentee. I did not assist in finuning them in any way. I do not remember having acquired any C
additional information regarding the Presentee's disqualifications between the time I heud him preacli
aa afiwesaid, and my signing the objections; and I recollect of no party having made any statement
to me diq»azaging to Mr Madntyre, except with regard to his preaching as aforesaid.
Interrogated. — ^Whether the objections were read by the witness herself or whether they were
read over to her by any other party, and how long it was before the objections were given in to the
Presbytery? Depones, I read them over myself very often before they were given in to die Presbytery, D
and this was some days before the moderation of the GalL
Interrogated. — ^Who was it that gave them to you? Depones, I decline to answer that question.
I caUed upon no person to induce them to sign these objections. I think I did hear one party read
tho objections over to me, but I decline to state who that party is. I did not hear of any party spoken
about who mig^t be presented to the parish, previous to tiie presentation in favour of Mr Macintyre.
Interrogated. — ^Did you consider it necessary to have a youngs vigorous, and energetic minister £
for the parish of Kildalton^ at the time you signed the objections.
Objected for the Objectors. — ^That in so flu as the word ''young" is concerned, the question is
inoompetent, having been disallowed by the Presbytery as irrelevant
Answered. — ^^though it is incompetent for the Objectors to prove anything more than has been
found relevant, it is perfectly competent for the Ptesentee in examining the witness, who is an Objector,
to show, in terms of the third section of Lord Aberdeen's Act, that the ''objections and reasons*' stated F
are not truly founded in any objection personal to the Presentee, in regard to his ministmal gifts and
qualities, either in general or with reference to that particular parish, or arise from cauaeleaa prejudice;
and unleas the fullest investigation is permitted with regard to the objections stated, and the cause
thereof, as well as the manner in which they have been got up, it will be impossible for this Court, or
any superior Court of the Church, to arrive at a correct appreciation of the drcumstanoes and condition
of this parish in connection wi^ the opposition made to this Presentee. It is not the fimlt of the Q
Olgaetora that the word "young" was found by the Presbytery to be irrelevant^ for they aigned
strenuously that it should be kept in, and protested and appealed against the judgment finding it not
relevant
Parties being removed, after reasoning, the Presbytery unanimously sustains the objection, and
refused to allow tiie question to be put, in so far f» the word "young" is concerned, but qnoad tUtra
allow the question to be put H
Whereupon the agent for the Presentee protested and appealed vt mpra; and further, he declined
to put the question, as now modified, to the witness, in respect that the question had reference to
what the witness conlsidered at the time the objections were stated, and not to what she may now con-
aider is necessary for the requirements of the parish of Kildalton.
Interrogated. — ^Did you, at the time you heard the Presentee preach as aforesaid, consider him not
to be a vigorous and energetic minister? Depones, I can only give my evidence as to his pulpit I
ministrationa I was in lalay at the time of my brother's marriage. I was present at the Parish
Church on the Sabbath thereafter. I do not recollect of hearing Mr Madntyre preach at or about the
time of my brother's marriage, and I am certain he did not preach there in my presence. The late Mr
Ifactavish preached in the i^emoon of the first Sabbath after my brother^s marriage. I was not at
the forenoon service, which was in Gaelic. The remarks which I have made with regard to the Pre-
aentee'a prayers and sermons apply to them all, as above mentioned by me. K
Interrogated and referred to that part of the deposition in which you state that you were not
aatiafied with the Presentee's manner in conducting the services, you are requested to state what it was
c
18
PROOF FOR THE OBJECTORS.
A in the manner whicli did not satiBfy jon, and why yon received no advantage from the aecriBML
Depones, I think I have answered that question already, so far as applies to the manner. I lum
never seen a minister open his eyes during prayer, and look round. I do not mean to WKf tlirt Ike
Presentee turned his head round to look about the Church, although that is the impreanon on nqr
mind. With regard to not recdving advantage, I state that my mind was not enlightened.
Interrogated, and desired to state in what respect the Presentee's prayers were not oierad wp vWi
B earnestness or solemnity in comparison with those of other ministers. Depones, Thaj had neither
fervour nor unction. I mean by unction a certain spiritual influence which I have alwi^ obaemd to
permeate the prayers of godly ministers, and by fervour I mean warmth.
Interrogated. — ^Whether there was any want of seriousness or any levity of manner aboot the
Presentee during the offering up of his prayers? Depones, I consider the opening of his eyes as Unity.
Interrogate, and referred to that part of your deposition that it app^uned to you ''tluifc tha Pre-
C sentee allow^ his mind to be distracted, and that he thereby lost the thread of his prayer;** yoa are
requested to give any instances of these alleged circumstances. Depones, He hesitated.
Interrogated. — With regard to your statement ''that the prayers were deficient in interoeBsion*'—
whether intercession is part of the duty of a minister of the Church of Scotland in offering up prayer t
Depoaes, I believe it to be the duty of eveiy minister.
Interrogated. — With reference to your statement ''that you received no edification from the dia-
D courses, and that they did not elucidate the texts in the least;" you are requested to state the predse
cause of the alleged non-edification, and want of elucidation. Depones, I did not understand the texts
a bit better after he had done preaching than I did when he begim.
Interrogated. — ^Is that the only answer you have to give to the question? Depones, I think it ia
enough.
Interrogated. — Are you satisfied that yon were listening to the services in question with a meek
E and teachable spirit? Depones, I am quite satisfied with the spirit with which I was listening.
Interrogated. — ^Did you find yourself laughing or manifesting other symptoms of levity during
the services in question? Depones, In common with every person around me, I could not refrain
from smiling when I heard a description of the sexton shovelling out the bones of our fore&thers to
make room for us, which I thougjht very ludicrously introduced.
Being asked to state in what reqiect the introduction of the above description was ludicrous,
F depones, The manner in which it was stated.
Interrogated. — Have you no more precise or definite answer to give to the above question? De-
pones, I consider my answer will be found to be sufficiently definite when the sermons come to be read.
There were other equally ludicrous illustrations in the Presentee's discourses which excited smiles from
me. There was nothing more than snules.
Interrogated and referred to that part of your deposition in which you state that yon could not
O join in the prayers, because it was revolting to you to hear the Almighty addressed in such a manner;
you are requested to state the manner to which you allude. Depones, That is, without fervour or
unction, and with his eyes open.
Interrogated. — Have you never considered that parties engaged in prayer frequently look with
upturned eyes in adoration? I have heard that —
H " The upward glancing of an eye
Is prayer when none but God is nig^*'
Being interrogated and desired to give any instances where the discourses were in no way connected
the one part with the other, but that they appeared like a string of detached sentences, depones, I
consider I have done quite enough in that way already, as the sermons have been given in as proof.
And this is my answer also to any similar question put with regard to my statement, that the
quotations from the Scriptures did not appear to me to be at all appropriate or correct; that he jumped
about from subject to subject in such an extraordinary manner that nobody could follow him, and that
his meaning was at times very obscure.
Being referred to that part of your deposition in which you gave an illustration of your statement as
to the obscurity of meaning, the quotation beginning with the words ''This old disciple," etc.; you are re-
quested to state in what the obscurity consists, and why the word "atone*' therein contained was particu-
larly impressed upon your memory ? Depones, Because the use of the word " atone " in such a connection
was incomprehensible to me. We only speak of atoning in connection with our blessed Lord. Do yon
PROOF FOR THE OBJECTORS.
19
BMiQ to aUle that tiba word ''atone" cannot be used in » dieoonne without im{djing the aignifieation A
yon refer to? Depones^ I do, when reference ia made to oar dealinga with God, and I conoder that
the inatanoe in the paaaage re£Brred to doea aa The paasage itaelf aeema to me obacore, from the
connection in which the word atone ib pat» and that is the obwority I refer to.
Interrogated and referred to the inatance of alleged obaeority and incorrectneaa in the En^^iah
aennon preadied on Tuesday the tenth of Augaat, having reference to the example of MoaaSy and with
regard to the grave of the great Beformer, you are requeued to point oat the obecanty and the want of B
connection. Depones^ I can see no connection between the mystery in regard to the place of Mosea'
fl^nltorei and the lowly lot of the Ghiiatian; and the same answer will apply to the wiOow. The
Befinrmer alluded to was Calvin.
BeiDg interrogated. — ^Are you aware that a aplendid tomb is an emblem of woildly wealth and
power, and an unknown grave that of lowness of condition, and can you state why the gcftve of Hoses is
unknown and that of Calvin is said to have cmly a willow to msak the spot where his body lies? C
Depones, When we speak of the rich and the poor in general, it is so; but in regard to Moses and
Calvin, I understand that ii was because of thcor exalted posUion, when th^ were alive, that thdr
graves were afterwards unknown, and unadorned with a tombstone; with regard to the grave of Hosea
being unknown, I understand that it was so lest his fcdlowers should do him too much honour.
Interrogated. — Then do you observe that the very exaltation of the Christian brings with it the
lowfy tomb to which you have referred, and can you now understand ''the connection between the D
mystery in regard to tibe pkce of Moses' sepulture and the bwly lot of the Christian?'* Depones, It
la Ut beyond my comprehension to understand tibe question; it is too obscure for me to answer it
Interrogated and referred to that part of your deposition in which you state that the disoouraea
conveyed no useful instruction whatever to you, and that you felt quite disgusted; you are requested
to state the particular parte of the discourses which caused yoa to feel sudi divgastt Dep<meB, In
general, his manner and matter, in fact his whole style stnick me with aversion. I have alre(M]y E
referred to one passage which du^gusted me, as unbecoming in the pulpit^ vi&, that aboat the bonea ot
oar forefathers.
Interrogated and requested to state any others? Depones^ I refer you to » perusal of the sermonai
The sermons were like the prayers, they had no unction or fervour, and that was what led ma to tUnk
they did not come from the heart Whan I stated that hia enunciation waa disagreeably kmd, and that
be roared, I mean that these exptmdouB are convertible terms. When I state that hia voice waa f
without modulation, I mean to say that there was not enough of modulationi in my opinioii.
Be-interrogated for the Objectors.— D^Kmes^ I have idwi^a attmded the QaeUe Mrvioe in Sit
dalton Church, when my draneatio duties permitted ma to do so. I nnderatand » GaeHo sermon aa
pnaohed. I have been at all timea carefiil, when in ohurohi to listen wiA gravity and devoiitne« to
the preacher. Depones, It did not appear to ma that the woida—
''The upward ghndng of aa eye
Is prayer when none but Ood ia nigh,**
^iplied to the Presentee on the oecasions when he condttcted the services in the KiMalton Fteish
Grarch. The Presentee's eye, so fer as I saw, did not §^anoe upwards at all, but downwards, and
round about on the congregation, and hia manner in thia respect indicated to me a want of devotioD.— R
AH which is truth, as I duiU answer to Ood.
(Signed) Hoiuxia Pkbet QftAHAiL
Jambs Diwab, Moderator.
Jambs Dewas, Qed^ P.T.
t
At PoKT-fiLLKir, AND WitHiN fttt ScHoOL-flotsB fHEftE, the I^Tst Day of DeoMnber,
Ei§^fieen Hundred and Fifty-eight Tearsi
Compeared Jambs Maokbbbol, Postoiaster at Port-EUen, who, being solemnly sworn both' in
Gaelic and English, in consequence of his preferring to give his answers in the former language, and
examined as a witness for the Objectors, depones : — ^I am a native of Islay, and of tins pari^ I have K
resided in the parish of Kildalton during my lifetime, and I am now between fifty and sixty years of
age. I have been Postmaster of Fort-EUen for upwards of twenty years. I am a communicant at
20
PROOF FOR THE OBJECTORS.
A KiidaltoQ Parish Church, and have been so for upwards of twenty years. I haye been a regular
attendant at that church during that period.
At this stage the Reverend Mr Dewar, of Oa, the Moderator, having entered the Courts took hia
seat as Moderator; and the witness being further interrogated, depones, I have been a constant
attendant upon the Gaelic services in said church, and an occasional attendant at the £ng|lish servioea.
I understand both languages, but the Gaelic best, of coursa I attended divine worship in said church
B on Sabbath the first, and Sabbath the eighth days of August last, when the Presentee preached. I
attended the Gaelic services on the first of August, and both the Gaelic and English services on the
eighth August. I never heard the Presentee preach before the occasion referred to, and I went to
hear him with the purpose of forming a fur and dispassionate opinion of his quaUfications. DeponeB,
1 was not satisfied with his manner of conducting the services of the church on any of the occasiong
that I have referred to.
C Interrogated. — ^In what manner were his prayers offered up. The witness depones in Gaelic, and hia
answer, being translated by the Moderator, is as follows: — He stood up in the pulpit to pray in a
manner different from any minister I ever saw standing up to pray for the people in the presence of the
Lord. In the first place, his eyes were open, and he gazed about when the door was opened, and he
was not hiunble in offering up the prayer. There was a want of earnestness and solemnity in his manner
of offering up prayer. I derived no benefit from his discourses. His text on Sabbath the first of
D August, in connection with his Gaelic sermon, was Psalms Ixvi G v. On the eighth August his Gaelic
text was 1 Samuel x. and the two last verses of the chapter, being 26 and 27 v. His English text on
the same day was Acts xxi and 16 v. In my opinion the subjects of the discourses were not connected
with the texts.
Interrogated. — ^Were the discourses themselves in any way connected one part with the other ? De-
pones in Gaelic as follows : — ^No; and they were not divided into heads, as I have been accustomed to
E.bear.
Interrogated. — ^Werethey deficient inillustration, information, and in practical application ? Depones
in Gaelic, they were. They were deficient in opening up. There was no illustration. I got no infor*
mation from them There was no practical applicatioa
Interrogated. — Did he jump bom one topic to another, and had you a difficulty in fbllowing himt
Depones, he did jump from one topic to another, and I experienced a difficult in following him,
F Interrogated. — Had he a very hurried delivery 1 Depones, hia deliveiy was hurried throuj^out hia
prayers and sermons, and from first to last And the witness adds of his own accord, that his deliveiy
was so hurried that the sermona made no impression on hia mind.
Being interrogated. — Had the delivery more of the character of recitation of the composition of
another than of earnest and direct appeal to the understanding and the heart ? Depones in Gaelic, it
did not appear to be his own composition or production. His delivery was Uke the reading of a school
G boy reading his task, more than earnest and direct appeal to the understanding and the heart DeponeSi
the Presentee read no portion of the Holy Scriptures except the texts on any of the occasions I heard
him preacL
Interrogated. — Was his prontmciation at times indistinct? — Depones, in Gaelic, I did not hear
any Graelic word from him that I did not understand; and the question being repeated, depones, His
pronmiciation was not indistinct in the Gaelic Depones^ As to ^e English, I am not going to give
H any opinion, as I am not so well acquainted with it. In my opinion, the Presentee is not qualified to
be my minister.
Interrogated. — Is it matter of notoriety that the most regular attendants at the Parish Church of
Kildalton are dissatisfied with the Presentee? Depones, It is.
Being shown the objections, and interrogated if the individuals whose names are appended thereto
arc among the most regular attenders on Divine worship in Kildalton Parish Church, depones, Yes,
I they arc. I know them all.
Being shown the Call, and interrogated — If the parties whose names are written thereto are
regular attenders on Divine worship in the Kildalton Paiish Church ? depones. They are not, and there
are some whose names I see there who were never in any church, especially in the Parish Church of
Kildalton. I know the whole of these parties, and every individual whose name is appended to the
CalL As postmaster, I have the means of knowing the population of the parish of Kildalton, and I
K think it will now amount to upwards of 3000, exclusive of the qtioad sacra parish of Oa. Of late years
there has been a mpid iucreiusc of the English speaking population, and who do not understand the
22
PROOF FOR THE OBJECTORS.
A not, are adherents of, and zealous &r the Church of Scotland. But, with regard to Anne ICadDBRol, it
has already beeu proved that she left the Church of Scotland, after having communicated in it, and
joined a Baptist conmiunity, from which she has separated, if in point of faict she has adnal^
separated, oxily about two years aga She has never since communicated in the Church of Scotlaiid.
She is not a regular attendant upon Divine worship in the Parish Church of KildaltoUi so little so, thai
her own husband is unable to tell when she was there, previous to the occasion upon which die appean
B to have gone to hear the Presentee preacL In these circumstances, and having regard to the express
terms and plain intention of the Benefices Act, under which the present proceedings are canied on, the
Presentee is entitled to expect from this Court the fullest investigation with regard to the partiea con-
cerning whom the Objectors have, as above stated, led the evidence in question.
Parties being removed, the Presbytery, after reasoning, on the motion of Mr Dewar of Kilcho-
man, seconded by the Rev. Mr Macphie, sustained the objection, and refused to allow the question to
C be put. The Bev. Mr Macdonald dissented ; against which fincUng the procurator for the Pteaentee
protested, and appealed tU mpra. Depones, I do not know the reason why my wife has not communi-
cated in the Parish Church of Kildalton since she left the Baptist body, but she can state so herseli
I sit down stairs in churcL There are five doors by which the congregation enter. I can aee the
people coming into the area of the church, but I cannot see the people coming into or going out from
the gallery. The accesses to the gallery are on the outside of the church, and all that I can see of the
D gallery is the Ardbeg seal I was not induced, from any information received firom any other parties,
to sign the objections, and I did not assist in drawing up the objections, and I got no people to sign
them. The first time I saw the objections was in my own shop. The objections were sent to me
under cover, and I did not know from whom they came, and I have them in my shop yet The first
time I saw the objections which were given into the Presbytery, was in the Church when the Call
was moderated in, and I am quite certain of this, because I was in the church and signed them. The
E Moderator read them over that day to the best of my knowledge. They were read over after I and
the other parties had signed. I did not read them over myselfl
Interrogated. — Seeing that you have stated that you only saw the objections now lying on the
table, for the first time, within the Church of Kildalton, on the day for moderating in the Call, will
you explain what induced you to sign a paper contaimng objections against a party, which you ndther
read yourself, nor heard read to you by another.
F Objected for the Objectors. — ^The question is incompetent in respect —
1st, That the allegations in the objections, in so feur as they have been found relevant by the Presby*
teiy, are now under proof in accordance with Uie deliverance of the Presbytery, and not the drooni-
stances under which the ol(jector adhibited his signature to these objections.
2d, The question is not within the interlocutor of proof allowed by the Presbytery,
ddy It is not cross to the proof-in-chief
0 4th, The question at issue is, whether the allegations in the objections are true.
Answered. — ^The procurator for the Presentee considers that it would be a waste of time to givie
any formal answer to these olgections, and leaves the matter in the hands of the Presbytery, to be mdt
with without any argument
Parties being removed, the Prcsbyte^. after reasoning, by a minority sustain the oljections aad
refuse to allow the question to be put Whereupon, the procurator for the Presentee protested, and
H appealed ut supra. It was only after I signed the objections in the Church of Kildalton ^t I received
the copy of the objections in my shop, as already deponed to. When I signed the oljections against
the Prt»entee I had no knowledge of his disqualifications to be minister of the Parish of Kildalton than
what I derived from seeing and hearing him on the occasions that he preached in the Parish ChurcL
Interrogated, and referred to that part of your deposition in which you describe the Presentee's
manner of conducting the Church services, you are requested to state if it was in respect of that descrip*
1 tion, as recorded in page 79 of the proo^ that you were dissatisfied with the Presentee's manner of con*
ducting these services? Depones, it is.
Interrogated. — What do you mean by stating that the Presentee was not humble in offering up the
prayers? Depones in Gaelic as follows : — ^That he did not begin humble, and that he was not like one
interceding with the Lord on behalf of the people before him, and he did not lift up his hands as he
had seen godly ministers doing.
K Interrogated, and desired to state the manner in which the lifting of the Presentee's hands was
different from that of the ministers referred to? Depones in Qaelic as follows :^He did not lift them
up at all.
PBOOF FOB THE 0BJE0T0B8. 23
Intmogatod.— Do you consider it to be a neoessaiy part of a ndnister^i maimer in prayisgthat he X
ihould lift up his hands? Depones, I do consider it, and I haye seen it done by others. I do mean
to say that there was a want of seriousness about the Presentee's manner in prayer, and I say this in
addition to what I have said at page 79, viz., — That there was a want of earnestness and Ademnily
in his manner of offering up prayer.**
Interrogated. — ^Was there any levity of manner about the Presenteet Depones in Oadlo^ that he
nm over it in a hurried, hasty, light, manner. B
Interrogated and referred to your statement that you received no benefit from the Presentee's
discourses, do you mean that he hud before you nothing new or original, or state in what precise
reqpeet the discourses Med to benefit yout Depones in Qaelic, that it is impossible to get an^rthing
new from the Bible, being an old hooL He did not try to make any impression upon my mind, or to
impress them on my mind, and he did not wait to do thai
Interrogated and referred to that part of your deposition in which you state that, in your opinion, 0
the subjects of the discourses were not connected with the texts, you are requested to state these
snljects and how th^ were not so connected? Depones, in Gaelic, as foUows: — ^When he gave out
his text he did not stick to it, but jumped away to something new or somethiug else; he was in such
a hurry that the one word was on the top of another, that he was in such a huiry tiiat he could not
follow him, and thus lost the good of it altogether, or Oat he lost the substance of it if there was any
anbstance in it D
Being interrogated, and being again asked if he can name any of tiiS sulgects which he states
were not connected with the texta Depones, in Gkidio, as follows: — On the ei^th August he gave
out as his text 1 Samuel x, and there the two last verses. There is mention made there of Sanl, that
is, in the text. He jumped from that to Sanl of the New Testament And being asked to give any
more instances, depones, I cannot ; that he has given the reason already. He gave us no information
about Saul of the Old Testament He did not even tell us that he was a king. I do not remember £
what he said about Saul of the New Testament Depones, I can give no other instance of the
Presentee not sticking to his text, except what I have already stated. The sermona were not divided
into heads at all I think they were all deficient in illustration, information, and practical
q^pHcation.
Interrogated and requested to state any of the discourses in which he observed soeh defioienoj,
and any particular want of illustration, information, or practical application, which he experienced in F
listening to them. Depones, in Gaelic, as follows : — ^With regard to tiie two Qaelic sermons that I heard,
they were deficient in illustrationy information, and practi<»l application. I told you already that I
experienced no benefit from them, as they had not in them illustration, information, or practical
application; and I have no other answer to make to the question than the above. As I did not
hear Mr Macintyre before, I could not say whether or not he was labouring under a cold or not at the
time he preached, as aforesaid. I did not hear him cough, or try to keq> down a cough on these Q
occasions.
Being shown the objecti<m% and the list of names adhibited thereto, you are requested to state
how many of these parties reside at or in the neighbourhood g£ Lagavulin, Ardb% and Laphroig, and
who are Uie parties that cany on the distilleries at these respective places ? Depones, Thirty-seven.
Aidb^ belongs to A. Macdougall & Co., and it is managed by Mr Colin Hay. Lagavulin is carried on
under the managem^t of Mr Walter Graham, and Laphroig Distillery is managed by Mr Dugald H
Johnstone, who is also the proprietor. Islay Distillery belongs to Mr Hunter, or at least is managed
by him, and is situated south-east ftom Laphroig Distillery. These two distilleries are quite close to
each other. Galium Kill and Ardinastle are in the neighbourhood of Lagavulin, the former on the
north-east and the latter on the south-west of Lagavulin. The former is the residence of Mr Hay, and
the latter of Mr Graham. Most of the parties composing the thirty-sev^ individuals above mentioned
are in the employment of Mr Graham, Hunter, Mr Hay, and Mr Johnstone, or are relatives of parties I
in their employment These four gentlemen are included in the number of thirty-seven. The means I
have of knowing the population of the parish are by knowing individuals, and by letters coming to
them. I have never taken a census of the population of the x)arisL I do not know the population of
the Oa, but I think it will be frt)m 600 to 1000. I think the population of the parish in 1851 would
be under 3000, without the parish- of Oa. I cannot really say what the population of the two parishes
would be in 1851, and my statement with regard to the population is a mere guess on my part For U
some years past there has been a rapid increase of English speaking people in the pansh, and the
population has also increased within that time ; and I think that the population has been increasing
24 PBOOF FOR THE OBJECTOBS.
A since 1851. I oannot tell how many English speaking people that could speak no Qadio were in the
parish in 1851, and I cannot tell how many have come to it smce 1851 that cannot speak Qaeli&
Interrogated. — How many times he attended the English service in Eildalton Panah CShuzeli in ike
course of the year? Depones, I attended the English service four times since the month of July last I
do not recollect how many times I attended the English service between the months of Januaiy and Jnlj
last) but since the death of the kte incumbent there has been only service once a fortnight The pc^mlation
B of Port-EUen is pretty near 1300, and the village has increased of late. I think it contains nowprettjr
nearly a half of the whole population. Port-EUen is not three miles from the Parish Churck De-
pones, I never saw Mr Strachan, and to the best of my knowledge he Is in Paisley.
Re-interrogated for the Objectors. — Depones, W. S. Johnstone is a medical man. Anne Uackeixol
has never been careless in regard to her attendance on Divine worship. She has been at all timea regular
in her attendance on Divine worship, when the state of her health and her domestic duties pennitted.
C She has been for several years in a delicate state of healtL During the time she belonged to the
Baptist Body, she occasionally attended service in the Kildalton Pari^ Church. She has been my
wife nearly twenty years. John Macmillan, John Livingstone, and John Mackerrol are sea-fiffing
men, and I know that when at home they are regular in ^eir attendance at Kildalton Parish Church.
George Calder, and Peter Macarthur -I know to be also regular in their attendance. Depones, I am an
objector to the Presentee, and I adhere to the objections. In selecting the thirty-seven names from
D those appended to the objections, I refer to the following places, viz., Ardbeg, Callumkill, Lagavnlin^
Ardinastle, Laphroig. Mr Graham, Mr Hunter, Mr Hay, and Mr Johnstone are among the most re-
spectable persons in the Parish. There is no one employed by Mr Hunter whose name appears
pended to the list of objections — ^that is to say, none of Mr Hunter's servants. There is none of Mr
Graham's domestic servants or fum servants among the subscribers to the objections. Depones, I know it
is a &ct that the majority of the church-going portion of the inhabitants of Port-Ellen attend the Free
£ Church, and I attribute this to the circumstance of the Free Church being in the close neighbourhood
of the village. Depones, I state the population of Kildalton, exclusive of Oa^ to be about three thou-
sand at the present time to the best of my belief and according to the best information I possess as
postmaster in this parish, and I make the same statement with regard to the increase of the Engliah
speaking population within the last nine years. With regard to my statement as to the portion of the
Port-Ellen people who go to the Free Church, I mean that they go there merely because it is nearer
F than the Parish Church, and not from any preference they have for the Free Church. I cannot tell
how often in the course of a year I have seen John Livingstone in the Parish Church ; but I have seen
him several times. For eight or nine years after our marriage, Anne Mackerrol attended regulariy the
Parish Church of Kildalton. She afterwards joined the Baptist body, who hold meetings once a
month in Port-Ellen ; but she occasionally attended the Parish ChurcL I do not know the cause of
her leaving the Baptist body. I do not Imow of any person that lives at Ardinastle House or CaUum*
Q kill, except Mr Graham, and Mr CoUn Hay. — ^All which is truth, as I shall answer to God.
(Signed) James Maokebbol.
Jahes Dewab, Moderator.
James Dewab, Clerk, P.T,
H At Kildalton Chubor, on the Eighteenth January, Eighteen Hundred and Fifty-nine.
Compeared John Maclbak, Shoemaker, Tobermory, who being solemnly sworn in Gaelic, and
examined tn iniHalibus, as a witness for the Objectors, depones, I have been residing in Tobermory
between fourteen and fifteen years. I was bom in the Parish of Kilmore, and spent the greater part
of my life there. I resided for a few years in Tiree, after my marriage. I never was a parishioner of
I the Parish of Kinlochspelvie, and I never was in Islay before this day.
Whereupon the procurator for the Presentee objected to his admissibility as a witnesa
The Presbytery repel the objection, and allowed the witness to be examined.
Depones, I have lived in Tobermory for upwards of fourteen years. I know the Eeverend Angua
Madntyre, minster of Kinlochspelvia I knew him before he went to College.
Interrogated. — ^Is it consistent with your knowledge, that the said Beverend Angus Madntyre
K has for a period of about three years, previous to the month of August last, been in the habit of spend-
ing sevend days in each week in Tobermory?
Objected for the Presentee —
PROOF FOR THE OBJECTORS*
25
Ist^ the 132d chap, of the Act of Parliament, 8 James VL, non-reeidence infim dqpzivatioii A
from the ministiy,
2dy B7 Loxtl Aberdeen's Act, sec. 1, Objectors are entitled to state any reasons against the settle-
ment of a minister, which do not infer matter of charge against the Presentee, to be prosecuted and
folkwed out according to the forms and discipline of the Church.
Sd, That the objection under which the present question is put, being the seoond objection, is in
the foDowing terms, yiz.: — ^That the Presentee, in his present charge, has a manse and ^be adyaoent B
to the church, and the parishioners number about five hundred. That the Presentee passes a great
portion of his time in another parish, many miles distant, where he has a separate residence, and thereby
baa shown his inability to take the spiritual oversight of so important and extensiTe a Parish as Eil-
dalton, with a population so widely scattered, and therefore requiring a young; vigorous, and
energetic minister, which the Presentee is not
4th, That upon the eighth day of September last, the relevancy of the ol]|jection8 was discussed C
before the Presbyteiy, and parties' procurators were ftdly heard thereon; and with reference to the
second olijection, the following deliverance was pronounced : — ''The Presbytery then proceeded to con-
aider the relevancy of the seocmd objection, and after having heard parties' procurators, they unani-
mously find it relevant, so fkr as it all^^ that the Parish of Eildalton, with a population so mddy
scattered, requires a vigorous and energetic minister, which the Presentee is not; but ^ptoad fiUra they
nnanimously find the said objection not relevant" D
ffth. The question which is now put does not refer to that part of the ol]|jection which has been
found relevant, viz., that the Presentee is not a vigorous and energetic minister, a matter which could
only be proved by his own parishioners ; but the question refers ezpresdy to that part of the objec-
tions which the Presbytery have already solemnly and unanimously found not to be relevant, viz.,
that the Presentee passes a great portion of his time in another parish many miles distant ;" and this
is all the more apparent, that the party to whom the question is put never was a parishioner of the B
parish of Einlochapelvie, referred to in tUs objection.
6th, The decision of the Presbytery became final, no reasons of appeal having been lodged against
it by the Objectors ; and the Presbytery can neither legally, by ecdksiastical or civil law, go back
upon what has been deliberately and finally settied, and permit an inquiry calcdated to injure the
character and standing of the Presentee, without subjecting themselves to judicial interferences.
Answered. — ^That the competency of the present question is resjudioaia, in so £Eur as this Presby- F
tery is concerned ; a question in precisely similar terms having been allowed to be put to the witness
Hacpherson after objections had been stated and fiilly diwmssed. Sepcaratim^ the 132d chap, of 8
James TL has no application, as it merely declares that when a minister resides not within the parish,
but is absent therefrom, and from his k&k and using of his office for the space of four Sabbaths in
the year, without a lawful cause, allowed by the Presbyteiy, may subject him to deprivation of his office.
2d, The question does not involve any matter of charge against the Presentee, to be followed out Q
according to the forms and discipline of the Church, but refers to the question whether he is active
and energetic in the discharge of his pastoral duties in his present 6harge ; and, certainly, habitual
absence from his parish is an essential element in determining that question.
8d, That the question objected to is not where the Presentee's residence has been, but whether it
Is oonsistent with the witness's knowledge that he has been in the habit of spending several days in
each week in Tobermory. H
4th, ffth, and 6th, The ol]|jection is irrelevant, and the question is competent to be put, as it
deftriy fells within the scope of the second objection, in so fer as it has been sustained.
The Presbytery, after reasoning, sustained the objection, and refrused to aUow the question to be
put, the Reverend Mr Dewar of Eilohoman and Mr Webster dissenting ; against which deliverance
the agent for the Objectors protested, and appealed to the ensuing Qeneral Assembly, took instru-
ments in the Clerk's hands, and took extracts, which were allowed ; and further protested for all I
remeid competent at law, for the following, among other reasons, to be urged at the bar of the General
Assembly at the discussion of the case: —
1st, That the question put fells within the scope of the second objection, in so fer as it has been
sustained as relevant by the Presbyteiy, in respect it tends to instruct the feet alleged that the Presentee
is deficient in the disduurge of his pastoral duties in lus present charge, or in other words, that he is
not an active and eneigetic mimster. K
2d, Because the Presbytery have pronounced a delirerance in this instance diametrically opposite
p
26
PEOOF FOE THE OBJECTORS.
A to the deliverance which they pronounoed when a similar question was put to Donald Hacphenony a
witness previously examined for the Objectors.
3d, Because the objection stated is altogether irrelevant and erroneous, and ought to havo been
repelled.
The witness being recalled and interrogated. — ^What is the distaooe between Tobermory and Kin*
loohspelvie ? Depones, I cannot specify the precise distance, but to the best of xny knowledge it is
B about twenty miles. Tobermory is not in the Parish of Kinlochspelvie. I reside in that part of Tober-
moiy called Portmore. I have worked for Mr Madntyre repeatedly in Tobermory, and for hia family,
mending shoes and repairing horse harness. The harness was for a horse and spring cart which Mr
Madntyre kept wlien he happened to be in Tobermory, and which he used for travelling and carting.
I cannot say where he was travelling to, but I know that he was going to Kinlochspelvie at timea. I
never saw the cart used for any other purpose but for personal conveyance.
C Being interrogated, what times do you refer tol Depones, he went to Kinlochspelvie on FHdayi,
and returned on Tuesdays, when his fomily was sick.
Being interrogated with reference to your last answer, during what period of time was Mr Madntjre
in use to leave Tobermory on Fridays and return on Tuesdays? Objected, it has been ahready decided
that.it 'lA incompetent to put any questions to the witness with regard to the allegation that the Fre-
sentee [massed a portion of his time out of his parish in Tobennory, because it had been deliberatdy and
D unanimously settled, when the relevancy was decided on eighth September last, that such was not rele-
vant. The question which the Objectors put whidi called for the judgment of the Presbytery is —
Interrogated, Is it consistent with your knowledge that the said Reverend Angus Madntyre has, for a
period of about three years previous to the monSi of August last, been in the habit of spending aerenJ
days in each week in Tobermoiy? After the decision which hais been given by the Presbytery, the
Objectors are just endeavouring to put the same question in different words.
E Answered. — 1st, The question naturally arises out of the immediatdy preceding, and thia part of
the proof would be left incomplete unless followed up, more especially as the witness has been allowed
to refer to the Presentee's family.
2d, The question is essentially different from the previous one, which was disallowed
3d, The Objectors are entitled to prove ail &cts and circumstances tending to instruct their objec-
tion which have been found rdevant
F Parties being removed, the Presbytery, after reasoning, allowed the following question to be put
in the meantime, and without any prejudice, viz. : — ^When was Mr Macintyre*8 fiumly ill, and how long
did that illness continue 1 The witness being recalled, and the question being put, depones, I cannot
say when Mr Macintyre*s family was ilL
Being interrogated — Over what period was Mr Madntyre in the habit of leaving Tobennoxy on
the Fridays and returning on the Tuesdays?
Q Objected to, that this is exactly the same question in substance as was put to the witnees at first,
and which called forth, as the judgment of the Presbytery, that it was incompetent, the on^ diflBsrenoe
being in the mere words of the present question. The former question asked the witness whether he
was aware that for the last three years the Presentee had passed several days of each week out of hia
own parish, and in Tobermoiy? The present question, instead of giving the data to the witneaa of
the number of years and the number of days, asks himself to state the time whidi the Presentee
H passed out of his parish in Tobermory — ^the former was the particular question, the latter is the general,
relating predsely to the same point which has been found irrdevant, and must be determined in the
same way if the Presbytery is to be consistent in their judgment
Answered — ^The agent for the Presentee, in stating the above objection, has thought jftapet to
keep out of view the second last answer obtained from the witness, to which the question ocgecied to
has special reference, and which is left quite unintelligible without an explanation. An answer haa
I been obtained with reference to the alleged illness a£ the Presentee's family, but with reference to the
other foct deponed to, as to the Presentee leaving Tobermory on Fridays and returning on the Tuesdays,
it is left perfectly indefinite, both in regard to duration, and as to when it occurred; and therefore it
is competent for the Objectors to follow up the examination in order to obtain a diwlosureof the facts,
which the answer of the witness leaves in a most unsatisfactory position.
Parties being removed, the Presbytery, after reasoning, repel the objection, and allowed the quea-
K tion to be put, Mr Mackcnzio and Mr Macdonald dissenting. The agent for tiie Presentee protested,
and appealed ut supra, for the reasons above stated, and for other reasons to be stated at the bar of the
Assembly when the discussion of the case comes i n. The witness being recalled, and the question put
PROOF FOK THE 0BJKCT0B6.
27
Deponesy I cannot tell, it may have been for a year or two years for aught I know, pievious to my A
leaving Fbrfcmore Lm, at Whitranday last Depones, There was a pane of gfaas in a closet in the
bacdc part of my honse from which I might see Mr Macintyre's honse, and I might see himself once u
qoarter. I could see the house eveiy minute in the day if I looked out of the window. The house that
I lived in consisted of two apartments of a tenement, formerly occupied as an inn, called Portmorc
Inn, and after it ceased to be occupied as such, it was let out to private fiuniliep, but retained its
name, and I occupied my dwelling there for four years before Whitsunday last B
Being interrogated. — ^How often were you in the habit of seeing Mr Macintyre in Tobermoiy
daring the period of one or two yean that you have referred to, and what was he doing on the
occasions you saw him?
Objected for the Presentee. — The F^resbyteiy finally settled the rdevanqr of the second objection,
finding it incompetent to allow to go to probation, the allegation with reigard to the Presentee's alleged
absence from his parish, and alleged residence in another — ^he being entitled to be protected agamst jC
such charges by Lord Aberdeen's Act, as involving matters which may be prosecuted and follow^ out
according to the fonns of the discipline of the ChivrcL When it was attempted at the beginning of the
ecEamination of the present witness to prove the matters thus found to be irrelevant, the procurator
for the Presentee stated clearly and explicitly the objections against the attempt to prove the irrelevant
matters in question, and after a full discussion, the P^resbyteiy again found sooh proof was incompetent
The Presentee's station and character, and position as a minister, are attempted to be affected by this D
line of evidence, in a process in which it is expressly declared by Act of Parliament to be incompetent
to introduce such objections; but the Objectors have been allowed, against the representation and db-
Jaottons of the Presentee's procurator, and agunst the pravious deliberate findings of the Fkesbyteiy
itself to continue a course of incompetent evidence, calculated and intended to b^wn the Prticntee'a
position as a minister of the Church, and should this be eontinuedi in addition to aa appeal to the
General Assembly, he will be nluetantly obliged, to take, for his own proteotioni a notarial protest £
Answered for the Obgeotors, that they deny, in the most ezpHcit termsi aiiy intention to iqjnte
the Presentee's station, character, or podtton, and it is difficult to see how the pres«it qaestkm can
oflbot either the one or the other; the question is simply how often the witness has seen the FresentN
in TobermorT during the period referred to, and what the FMentee was doing on the oocasiona tiie
witness saw him, a question wUeh is not at all conneded with any part of the ol|}eolioBS disallowed
kr the Ftesbytery; but petfoetly idivant to the part sustaintd, inasmneh as It goes to show whether f
m Presentee was, or was not engaged in his Mastei^s work on such oeoasioni^ oTi in oUier wc^dsi hi
the active and energetic dischaige of his pastoral duties.
Parties being removed, im Presbyteiy disallowed the questkxii Mr Dewar of Kildioman and
ICr Webster dissenting ; and against said deliverance the agent for the Ol^eetors protestedj and
Appealed ttf niptti, for the following, amcmg othear reasons to be stated, at the bar of the Ocneral
Aaiembly, at the discussion of the case, via.i-~ (}
Ist, That the question is pertinent to the second objection, in so for as sustained hjf the
PiMbyteiy.
Sd, That the best eridence that the Ol]r)ect(»s could adduce, in support of their otgeetions, that
the Pkeoenteeis not an active and energetic minister, is to be galiiered from witnesses who have oppor«
tonitieB of observing him, and where he spent his time.
Interrogated for the Presentee. — Hove you anything to say, or do you know anything against ttr H
Uodntyre as a vigorous and energetic minister I Depones, I never knew anything, ever since I was
cheated, against hkn as such.
'''^''''Sltaeftmined fbr the Oljectors. — ^Depones, t never heard Mr Macintyre preach. I am a Free
Churchman.— All which is truth, as I shall answer to God. And he farther depones, that he cannot
write,
(Signed} James Dkwab, Moderator. |
James Dewab, C9erk P.T.
At Pobt-Sllen, the Nineteenth January, 1859.
Compeared Mr JaMeb Stuaet, Student of Divinity, residing ih Qlfu$gow, who being solehnily
BWom and examined as a witness for the Objectors, depones, I hoani the Presentee preach in Kildalton
J Church on Sabbath first and Sabbath eighth of August last, on the occasion of his preaching part of
^8
PROOF FOR tHB OBJECTOAS.
A his trial discourses. Depones^ I heard the English services on each of these occadoDB. I ivia finroiD-
ably disposed towards the Presentee, but the services conducted by him did not realise my antidpalions,
and I was not satisfied with his manner of conducting the Churdi services. During certain parts of
the prayer there was noise, occasioned by people ascending the stairs to the galleries and going along
the passages. Mr Madntyre was standing wiUi his &ce to the fronts and his eyes were shut; at the
noise he opened his eyes, turned his head, and stared at the people coming in. His manner in praynr
B was not such as to impress me with devotional feelings. His prayers wanted warmth of ezpreaBion in
words and delivery. His prayers did not give the idea of fulness or satisfiu^on.
Interrogated. — Did he pray for the spiritual wel&re of the people, or for the Church of CSiriit in
general or in particular, or for the parish? Depones, I would rather put my answer in general woida
The want of the prayers was supplication, they more resembled a lecture thui a prayer. He did not
pray for the parish or the spiritual and temporal wel&re of the people, nor in a spedal and urgent
C nianner for the influence of the Spirit, nor for the wel£Eure of the universal Church of Christ
Interrogated. — ^Were his discourses edifying ? Depones, That is a matter of opinion to me^ and I
would rather answer the question by fiicts; his manner of speaking was loud and monotonous^ at times
resembling that of a speech-crier; Ids action was monotonous, and resembling a smith hammering; his
utterance was rather rapid, so that at times parts were lost, but generally distinct
Interrogated. — Referring to the discourses you heard, were the subjects connected with the tezts^
D or were the discourses themselves connected one part with another. Depones, With reference to the
first sermon froui Psalms czlL 7, 8 verses. I could not follow l^Ir Macintyre in many parts of his diaconne;
there was an abrupt transition from one idea to another. I could not trace any other connection
between many of them, but that they were delivered the one after the other. The subject of the sermon
was death and the resurrection; Uie first verse of the text refers so plainly to death that any parts of
the sermon bearing on mortality are obviously connected with the text; but in the second verae the doc-
E trine of the resurrection is only implied — this implied connection was not distinctly pointed out in aoj
pajrt of the discourse, so that those parts of the sermon which related to the resurrection seemed to
me, while hearing, nottobederived firom the text With regard to the second discourse from AotazzL
16 verse, there was the same want of connection between the ideas, and the same abrupt tnnsiti0& ftom
one idea to another as in the former, and more markedly, and an inappropriate use of scriptual qaotap
tions, naOing the arguments with a quotation, as if tliat quotation were proof of his aignment» whema,
F in so fiEur as I could see, there was no connection between the argument and the paasage quoted. He
pn^KNied as one of the heads of his diaoourae, to g^ve the life of one Mnaaon <x Cyprus, an old dis-
ciple. Certain hypothetiad fiM^ were adduced, and moral reflectiona drawn from thenii which did not
aeem immediately connectedwitii the text Tlieillustrationa in both diaoourses were often Teiy&r^fbtc^
and sometimes bordering on the ludicrous. Some of them were good, although rather fiosfetched. Am
an illustration in speaking of in^niwelling corruption, he said aometibing to the following efifoct— Of it^ aa
Q of the Jebusites of old, it might be said they dwell in it (Jerusalem) to this day; Imt in general, the
illuatrations were not well put, so as to give the effisct of a good illustration by being deady connected
with the subject illustrated. The above illustration, with regard to in-dweUiiog corruption, I consider
to be good, but fiEur-fetched. The following I consider as bordering on the ludicrous. In liie first aer-
mon he introduced aa an illustration, the superstition, as he said, to be found in some parts of the
Highlands of a viper not dying till sunset, and again, (though the illustration was ludicrous rather in
H the manner of stating it^ than in itself) that of the caJlousnees of a sexton in pitching bones out of a
grave without proper moralidng on the subject
Interrogated. — ^What was the character of the composition of the disoourseaf Deponea, I think
that comea under what I have atated in reference to the want of connection between the ideaai The
aentencea seemed to have been arranged without any regard to connection of ideas. ,
Interrogated. — On the whole, were these discourses calculated to edify or to produce a reUgiotis
I impression 1 Depones, I could not follow Mr Macintyre's discourses. I tried to do so. So far as I
could learn, from what I did understand of the discourses, there seemed to me a want of fervour and
Gospel spirit The practical application was brief and not veiy pointed. One of the Paraphrases
given out I could not find. T was listening attentively at the time, and was in a good position to hear.
The Presentee did not read auy portion of the Scriptures before sermons, on either of the days I
heard him preach. I am now attending the Divinity Hall in Glasgow for the third year.
K Interrogated for the Presentee. — How old are you 1 Depones, T decline to answer any queation
personal to myself. I do not belong to Islay, but I was living in Islay at the time I heard Mr Mad&«
tyre preach. I was living at Lagavulin for nearly a month when I beard Mr Macinlyre preach, J
29
Mi Mnl there as tutor with the children^ from BaUanabjj and I was rending with them in the house A
be Mrs Orahanii who is their grandmother.
IntezTogated.— Is Mrs Graham, the mother of Mr Walter Grahain, distiller at Lagavtdin f Depones,
Tea. I never heard Mr Madntyre preach before, and never saw him before. I knew that Mr
Macintyre had got the presentation to Eildalton before my visit to Lagavulin ; on recollection I am
not sore as to tlui. I am not aware whether the days for the Presentee's trial discourses had been
fixed before I came to Lagavulin. I sat in the Lagavulin seat, that is, Mrs Graham's seat. I went B
back to Ballanaby on the Monday before the Presentee preached his last discourse. I took notes of the
second sermon. I gave them to nobody. I left Ballanaby on the first of November, or at the b^inning
of that month, for CoU^ There is no positive arrangement about my returning to Ballanaby as tutor.
Ballanaby is about twenty miles from Lagavulin, in a different pariih and in a different part of the
idand frt>m Eildalton. l^e proprietor of Ballanaby is a Mr Campbell, who is married to a daughter
of Mrs Graham's. The occasion to which I have referred was the first time I visited at Lagavulin, C
but I passed a night there on my way from Gb^gow to Ballanaby. I understand very little of Gaelic.
I got a summons to attend this Court as a witness, before leaving IsUy to attend CoU^, for the first
diet of proof led in this case. I was in attendance, but was not <»lled. I got no subsequent summons,
but I received a note from Mr Dempster, the agent for the Objectors, requesting my attendance at this
diet I do not think I saw, indeed I am sure I did not see, ^e oljections b^bre they were given in
to the Presbyteiy. Since I left Isky I had no communication dther with Mr CampbeU or Mr Graham, D
or any of the Lagavulin or Ballanaby people, regarding this case or with regard to my being a witness
in this case^ with the exception of a few general remarks with regard to the last meeting of Presbyteiy
for leading proof in this case, whidi were contained in a letter to me from Mrs Campbdl of Ballanaby.
I am staying at present with Mrs Graham at Lsgavulin. I have given all the instances that I consider
necessary with regard to the illustrations contained in the sermons above alluded to, but I am ready to
give another if required. By monotonous action I mean such as produces on the mind the same eflbot E
as • oonstant repetition of the same words and action. I have seen plenty of pnUio speakers without
aotion at all, yet without being monotonous. I apply monotony in this Jnstanoe to the qieiking alonti
lAtte.there is no action.
Inten!qgated|anddesiredtQdefinethemonotonyof action in the case of the Fmw^ Depones,
Hii iMstion oonsiated of a ngular succession of raising up and brkijdngdown his arm.
InteRogsted.*--Is8UQhamodeof aotionnnusuidinapreaflherl i>eponesy sodhmonotonoua aotion f
b onnsnal in what I oonsider a good preacher. I became tutor at BaQanaby at the «id of last seiiicm
ofOoDMs.
Be4ntetr<^ted for the Objectors. Depones, 1 did not leave BaUana^y to go to Lsgatiilin for the
pmrpose of hearing Mr Madntyre preach, nor was I requested by any one to attend churoh on the
oecMoos when Mr Madntyre pnached. I went to church as on any other Sunday. I itiU adhere to
mj fomer statement, that I was fovouraUy diroosed towards the rresentee in so fbr that I expected 0
lo hear • good sermon.— All whibh is truth) as f shall answer to God.
(Signed) James Stitabx.
• ^ Juos DKWJJBt, Itoderaton
Jaus Dkwab, derl^ P^T*
At PoBT^fiuAK, Sodm dkf 6 o'doek p.Mi
Compeared DtOALb MAODOtTOALL, residing at Fortentruan,^ who, bdng solemn]^ sworn and
examined in Gaelic, aa a witness for the Objectors, depones, I was tenant of one-half of the farm of
Kintoor, in this parish, for twenty years bdTore I came to Portentman. t am a communicant in the
FMaah Church A Eildalton, and have been so for upwards of thirty years. During the time the late t
Mr Maotavidi was minister, there was always a. service in Gaelic, and another in ^g^ish. Mr Mac-
tnviiih was minister of the parish for thirty-five years. I attended Kildalton Churdi prior to the time
that Mr Mactavish became minister, and during the incumbency of Mr Mactavish's predecessor, Mr
GKUies, which lasted for fifteen years; and during that period there was also, with very few exceptions,
» Gaelic and an English service in said church. I attended service in Eildalton Parish Church on
Sabbath first, and &ibbath eighth, and Tuesday tenth August last, when the Beverend Mr Macintyre
prsacfaed his trial sermons. I only heard the Gaelic services. I belong to the Gkidio congregation,
put have oocasiotially attended the English services. I was not very wdl pleased with the Fresentee^a
30
PROOF PGR THE OBJECTORS.
A manner of conducting the services of the church on any of the occasions that I heard him. I did not
consider the Presentec*s prayers impressiye, at least they did not impress me.
At this stage of the proceedings, Mr Duncan Macalpike, Parochial Teacher of K&dslton, and
residing at Port-Ellen, was sworn as interpreter, and the oath de JldeU was administered unto hioL
Depones, I remark nothing about his prayers but a want of earnestness. I receiyed veiy Ixftfie
instructions from his sermons. He did not long follow his text He came over parts of the Bible here
' B and there, and they did not seem to me to be connected with the texts; but this might arise firom my
want of knowledge. During the last fifty years I have not been many Sabbaths absent firom draxchy
and was as regular in my attendance as most of the congregation.
Interrogated whether he had any difficulty in following the discourses of other ministers which he
heard during his long experience? Depones, it is easier to follow a minister that one is accustomed to
hear than a stranger. Tlie sermons that I heard firom Mr Macintyre were unlike those I have been
C accustomed to hear; and i will tdl you tlie reason, he did not divide his discourses into heads, and
though he quoted plenty of Scripture, he did not inform us where the passages were to be found. I
think that the whole of the passages so quoted were not in connection with the texts; some of them
were, and some of them were not. Depones, he delivered his discourses in hard high words. He spoke
with a loud voice.
Interrogated. — Had the sermons more the character of recitation than that of an earnest and direct
D appeal to the understanding and heart It did appear that he had it either by hearty or that he had it
before him^ because it came so easy to him, and he went over it as quickly as a person telling a stoiy
who knew it welL His deUveiy did not appear to come firom the heart, otherwise he would not hare
spoken so lightly. The services were con ducted in a much more hurried manner than I was in tlie
habit of hearing. It was not like being delivered in a solemn manner in any way. His text in Qadic
on Sabbath the eighth veas firom 1 Bam. x. chap. 36 and 27 verses, so Ikr as I recollect I wassomeiHut
E surprised that I should hear such a discourse fh>m him as a trial sermon, because I did not expect to hm
a diBCOurse about a warrior. He spoke about two Sauls, one of the Old Testament^ and one of th«
New Testament •
Interrogated. — ^Did he conflise these two t Depones, He said the one was a Ung and the odiw
an apostle.
Interrogated.— Did he seem to be speaking of the one when he was referring to the other,
F or did you sufficiently understand himt Depones, He said that Saul of the New Testament was
a bad man, but afterwards became a good man. I don*t think he confounded the twa I understood
his words, but I did not understand his meaning. He did not read any portion of the Scrlptares
before giving out his text For my part, judging from what I heard, I would not choose him xor my
minister.
Interrogated.— Is it a matter of notoriety that the greater part of the regular attenders of the Gaelio
Q congregation are not satisfied with Mr Macintyre's ministrations t Depones, I know the most part of
the regular Gaelic attendants, and I know that the greater part of the regular Gkielic hearers are
opposed to him.
Interrogated for the Presentee. — Depones, I am above sixty years of age, but cannot tell how
many years more, and I have no reason to complain of my hearing. I never heard Mr Madn^rie
preach before the occasions referred to. I heanl from the newspapers that there was such a man,
H before he came to Islay, but I heard that such a man was coming.
Being interrogated whether he heard anything favourable or unfavourable about the Presentee in
the newspapers or otherwise, depones, I saw nothing in the newspapers but that he was coming, bat
otherwise heard something of hun, which was more against him than in his jhvour.
Interrogated and desired to state who the parties were who told him this, depone^ I cannot
name them, but it was talked in the parish school*house among a number of people assembled there.
I No person came to me with the objections to be signed. I signed them in the church before the
Presbytery, and that was the first time I saw the objections. I did not read them before I dgned
them. I did not pay much attention to the paper, but niy objections were founded on what I
had heard fi*om the Presentee. I think Mr Macdoiiald, the Presbytery Clerk, read the objections in
the Church. I did not hear the objections read before 1 signed them.
Interrogated. — "What induced yuu tu ai'^n ubjectioiis which you had neither read yourself nor
U heard read to you by another ?
Objected by the agent for the Objectors, — That llic (iue.^tion is iucouipetent for the reasons stated
PKOOF FOB TH£ 0BJECT0B8.
31
ill support of the objection to a similar question put to the vitness, James Maokerrol^ which are here A
held as repeated.
Answered £or the Presentee. — ^The procurator for the Presentee is aware that the judgment of the
Flresbyteiy will be the same as IshsA refep:ed to in the case of the witness Mackerrol; but he maintains
that under Lord Aberdeen's Ac^ he is ^titled to the fullest investigation with reffnd to the motives
and acts of the parties who signed the objections, more particularly when they come forward them-
selves to be witnesses against the Presentee. The present witness is one of the Objectors; he is, there- B
fiire^ in the position of a pursuer of this process, and he is bound to answer all questions with regard
to the part he has himself taken in getting up these objections. As he chooses, however, by the oQec-
tion which his agent has just taken to r^use to explun his reason for the eztraordinaiy course wUch
he took in this matter, and should the Presbytery decide in conformity with that objection, the pro-
cnntor for the Presentee will consider it his duty to put no more questions to him, and as the Fte-
sentee will suffisr substantial injustice from sudi proceedings, he leaves the responsibility thereof witli C
the Presbytery.
Parties being removed, the Presbytery, after reasoning; sustained the objection, and disallow the
question, whereupon the agent for the Presentee protested and appealed vt tupra.
The witness being recalled, was re-examined for the Objectors. — ^Depones^ I am an olgectori and
I adhere to my objections.
Be-interrogated by the agent for the Presentee, through the Court, in oonaequenoe of the last D
question put, if he knows how many objections there are^ and what is the natore of themf Depones,
I think there are five. At the time I heard them I understood them; but now lam not able to express
all that the objections contained. One reason was, that he did reside always in his own parish; and
another reason, that he was not accustomed to be preaching always in the English language; another
reason was^ that the parish in which he was was but smi^ and that this was a large and populous
faiish. Tliere are other two reasons which he cannot now explain till he has time to think of them. £
Be-interrpgated by the agent for the Objectors, through Uie Court — ^Depones, that the objections
are principally founded on Mr Madntyre's services in the Kildalton Church, on the occasions before
depcmed ta — ^AU which is truth, as I shall answer to Qod.
(Signed) Duqd. Macdoug^ll.
James Dxwax, Modr.
James Dewab, Cleik P.T. f
At Pobt-Ellen, Twentieth January, Eighteen Hundred and Fiffy-nine.
Compeared Psxib Macdougai^ Cartwright in Port-Ellen, whO| beipg aolenmly sworn and
€iaraininftd in Gaelic, as a witness for the Olg^'B, depones, I am a native of this parisL I am about O
Sbrty jrears of age, and married. I am a member of the Parish Church of Kildalton, and have been a
communicant for upwards of ten years. I belong to the Qaelic congr^tion, and have been in the
luJut of attending worship as often as I possibly could. I attended the Qaelic services in said church,
cni Sabbath firsts and Sabbath eighth of August last, when Mr Madntyre officiated. I was not satisfied
*%vitih the Presentee's manner of conducting the services of the church on these occasions, for I was not
"benefited by these services. My opinion is that his prayers were not very solemn, tiiey produced no H
deyont impression upon m& He prayed with open eyes, and stared about^ that is to say when the
^ooie were open. I cannot say that his eyes were always open. His prayers were more like sermons
than prayers. I did not receive much benefit from his discourses. My opinion iB that he did not con-
nect tiie subject with the texts. My opinion is that the discourses themselves were not connected, one
pact to another.
Interrogated. — ^What was the character of his ddiveryl Depones, Strong daliveiyi by which I I
Man that he spoke with a loud voice, and n^id utterance.
Interrogated.— Did you experience any difficulty in following the preacher f Depones, I could
onderstand every word he said, but, from the rapidity of lus utterance, I had a difficulty in
feUowing him.
Interrogated. — ^Did you lose any part of the sermon from the same cause } Depones, Yes.
Interrogated. — Spelling for yourself, would you make choice of the Presentee as your minister ? K
J>epoiMi^ No, if I could help it Depones, I know the most part of the Gaelic congregation.
32
PROOF FOB THE OBJEOTORS.
A Interrogated. — Is it a matter of notoriety that the greater part of the Oaelic congr^ation are
dissatisfied with Mr Madntyre t Depones, It is notoriona enough.
Being shown the objections, and interrogated if the Objectors are among the moat regular afcten-
dants on divine worship in Eildalton Parish Church — My own opinion is that they are.
Being shown the Cidl, and interrogated if the individuals whose names are adhibited therato ave
r^uhur in their attendance on divine worship at Eildalton Parish Church, depones, Some of them ave
B as regular in their attendance as can be, and some of them I never saw there.
Interrogated. — How many are regular in their attendance, and how many are notf Depones^ It
is too hard for me to answer that question, for this reason, that I would require to know to "vrtiat
families many of them belong; there are names there that I am not acquainted with. From the place
where I sit in the church, I cannot see the &ces of all the congregation. Depones, I am an olrfector,
and signed the objections in the Parish Church on the day of moderating in the Call Depones, Tbe
C objections were read over by the Reverend Mr Macdonald, the Clerk of Presbytery, after fhey were
signed.
Being interrogated. — ^If a proposal was made in your hearing by Mr Hunter or any othor party
on the occasions referred to, that the objections should be read over before being signed, and was &
suggested by any party in the church, and agreed to that it was not necessaiy to r^ them over till
after they were signed, and was the reading accordingly deferred until the objections were signed.
D The Presbyteiy, after reasoning, unanimously refosed to allow the question to be put; against which
deliverance the agent for the Objectors protested, and appealed ut supra. Depones, I heard the
objections read over before I signed them, they were read over to me by Mr Hunter, one of the
Objectors, at the church door, on the day the Call was moderated in.
Interrogated for the Presentee. — ^Interrogated, Do you remember telling Mr John Fraser, steamboat
porter, and Mr John Macdonald, revenue officer, both residing in Port-Ellen, that you were going up to
£ Lagavulin to sign the Call; and did you mention to them, or either of them, that your father had reodved
a letter speaking favourably of the Presentee? Depones, I deny the fint part of the question; but I
admit the latter part, and Ihis was near the church door, so &r as I recollect
Interrogated. — Do you sufficiently know the English language to be able to understand what is
read to you from a written document? Depones, there might be many things put down in English that
I might not understand till I considered.
F Interrogated. — ^Whether you sufficiently understand the questions which are now put to you unless
they are translated to you into Oaelic? Depones, I have a good idea of them, but that there may be
no mistake, and that I may have the full and distinct knowledge of what is asked, I like to have them
translated.
Interrogated. — Whether the objections which you state were read to you by Mr Hunter, were
translated into Oaelic, or did you request them to be translated to you? Depones, they were not
0 translated to me by Mr Hunter, because he does not understand Oaelic; but they were translated to
me by another, in my own shop. Depones, The latter occurrence took place between the time Mr
Maddntyre preached and the time the Call was signed ; but I cannot condescend upon the day.
Interrogated. — Who was the party who so translated them to you ? Depones, They were trans-
lated to me by my father, one of the elders, but I cannot tell whether it was the same paper which
was read by Mr Hunter that was translated to me by my £ftther. Depones, As Ikr as I remember, the
H objections were five in nimiber. No one has recently mentioned to me the number of the olgectioiia.
Depones, I know nothing with regard to the correctness of any of the oljections, except sudi aa wece
founded upon his pulpit ministrations, as heard by me at Eildalton as aforesaid. I never heard or aaw
him before that occasion.
Interrogated and desired to state the nature of the objections to which you have referred.
Objected. — Ist, That the objections ia a written document, and can only be admitted to proTe
1 its own contents, and parole evidence thereof ia incompetent.
2d, The nature of the objections is not now before the Court, and the only question befbie tlie
Presbytery is, whether the allegations contained in the objections are true?
dd. In accordance with the deliverance of the Presbytery, admitting the allegations to probation,
the Objectors are now engaged in proving their averments, and any question referring to the nature of
the objections, which have been sustained by the Presbyteiy as relevant, is clearly incompetent at this
K stage of the proceedings.
Answered. — ^The Presentee is not attempting to prove the contents of a written document^ but
merely the nature of objections which the witness has stated were read and translated to him by oUien^
PROOF FOB THE OBJECTOBS.
33
and he is entitlad to test the knowledge of the witness with regard to the nature of such objections, A
independent of any written document; and a simihir question was put to and answered by the previous
witnessi
Ftaiies being removed, the Presbytery, after reasoning, finds it unneoassaiy to dispose of the
question, as the procurator for the Presentee abandons it in tiie meantime.
Interrogated. — ^Will you swear that the paper which was read to you by Mr Hunter outside of
the Qiurch, ^fas the same paper which you signed in the Ohurohf Depones, it was not^ but the B
contents were the same.
Intenogated. — ^What was the nature of the objections stated to you by your fi^r and by Mr
Hunter!
Objected.— The witness has already deponed that the contents of the documents read to him by
Hr Hunter were the same as those whidi he signed ; and the latter are before the Court and speak for
themselves ; besides, the witness has not said that objections were stated to him by his &ther and Mr G
Hunter, but that in the one case they were translated, and in the other read over to him.
Answered. — The objection which has been taken is, that the contents of a written document
eannot be proved by parole, and that the objections being before the Presbytery, it is a vmtten docu-
meat, and the contents of it cannot be proved by witnesses. The Presentee is not wishing to prove the
contents of that document, but merely to show the nature of certain statements made to the witness,
purporting to be in the one case a Qaelic translation of an En^iah document made irNia voce, and which D
tranalation, therefore, cannot be a document ; and in the second place, statements purporting to be
read from a paper by Mr Hunter, and which paper the witness distinctly states is not the paper of
objections which he signed in the church, and which is now before the Ptesbyteiy. Both Mr Hunter's
statement and the witness's &ther*8 alleged translation are not in the eatery of documents, but upon
these statements he appears to have signed, without reading it himself Ihe objections now before the
Presbytery. The Presentee is therefore clearly entitled to know the nature of the objections which E
were so stated to him, verbally, by these parties. The rule of law alluded to by the Objectors, as to
the inoompetency of proving or disproving the contents of written documents, has no application
whatever to the circumstances under which &e question in dispute is put to this witness.
Parties being removed, the Presbytery, after reasoning, sustained the objection, and refused to
allow the question to be put
Whereupon the agent for the Presentee protested and appealed ut mpra. Y
Being shown the objections, and having read over the same — see there statements with r^^aid
to the Presentee, as to the correctness of wUch I knew nothing at the time I signed the objections.
Interrogated and desired to state why you should have signed objections of which you admit
you knew nothing, instead of confining yourself to what you state fell under your own observation)
Whereupon it was objected that the question is incompetent^ in respect, firsts it is too vaguely
stated; secoxui, that it has a tendency to impugn the objections which have been sustained by the O
Court as relevant, and admitted to probation; third, that the witness being only called upon to prove
go much of the objec^ns as had Men within his own observation, and as an objector he is entitled
to bring forward other evidence in support of allegations, which although not foiling within his own
personal knowledge, are nevertheless true, and susceptible of proof
Answered for the Presentee. — ^By the Benefices Act, the Presbytery are required, or at all events
they are expected to take cognisance of the whole circumstances and condition of the parish, and the H
duffaoter and number of the parties by whom the objections are preferred; these matters include every-
thing connected with the manner in which the objections have been got up, and the motives that may
have induced parties to become objectors, otherwise it was impossible that the true character of the
oppoffition can be ascertained; the present question has a dii^ bearing upon the subject, and the
question is therefore clearly competent
Parties being removed, the Presbytery sustained the objection, and refused to aUow the question I
to be put Against which finding the procurator for the Presentee protested and appealed ut supra.
Literrogated, and desired to state the grounds upon which you say it is matter of notoriety that
the greater part of the Gaelic congregation are dissatisfied with the Presentee. Depones, The names
appended to the objections will show it
Being interrogated. — Have you no other answer to give to the preceding? Depones, That every
respectable person in the parish that I converse with is dissatisfied with the Presentee. K
Interrogated, and desired to give the names of the parties to whom you refer. Depones, I may
nimtion CoHu Campbell, tenant, Eintour, his brother, Archibald Campbell, also a tenant there,
IB
34
PROOF FOE THE OBJECTORS.
A Donald Janiieson, elder, and Archibald Campbell, also elder, my own ^Either, Allan Maedougall, elder,
and several others that I cannot recollect in the meantime.
Interrogated. — Have yon at any time conversed with any of the parties whose names m ad-
hibited to Mr Macuityre*8 Call regarding his preaching? Depones, If I did, I do not recollect it.
Interrogated and referred to your statement that every respectable person you convened wilb in
the parish, with reference to Mr Madntyre's ministrations, was dissatisfied therewith ; you are nqneeted
B to state whether you mean that the parties whoee names are attached to the Call are'not leqpeetabk
parties? Depones, I do not.
Be-interrogated for the Objectors. — ^If the feeling of dissatis&ction is general among the more
respectable classes belonging to the Gaelic and English congregations of Eildalton Fkriah Church, ao
far as you have come in contact with them ?
Objected for the Presentee. — ^That the witness is only entitled to speak for himself and in support
C of his statements contained in the objections to the Presentee's settlement, but he is not entitled to
speak for other parties^ nor to make distinctions between the respectability of one class of the com-
munity and another; that the Church of Scotland is not intended to minister to the wants of any one
class of people, however respectable; and every party who is a parishioner and a Protestant, is jurt as
much entitled to have a voice in the selection of a minister, so far as he is entitled to do so by signing
his GUI, as another is entitled to object
D Answered. — Ist, That the question arises out of the cross-examination of the Presentee*f agent.
2d, It does not refer to persons of respectability in regard to church-going habits; and
3d, The reason given as to the selection of a minister is erroneous.
4th, The witness is only required to speak for himself having reference to the answer obtained
from him in cross to the question where he was desired to give the names of the parties to whom he
had referred in a previous answer.
£ Parties being removed, the Presbyteiy, after reasoning, refuse to allow the question to be pot as
it now stands, but allow the same to be put as thus modified.
Interrogated if the feeling of dissatisfaction is general among the most regular attendants npon divine
worship in Kildalton Church, in so &r as you have come into contact with them? Deponesy the greater
portion of the parties described, so far as I have come in contact with them or know, are diaaatisfied
with the Presentee. Depones, I have lived in this parish from my birth, and I know the moat of the
F inhabitants by sight, and there are two or three whose names are appended to the Call whom I do not
know.
Being referred to the Call, and interrogated how many of the parties whose names appear thereat
are regular in their attendance on Divine worship in Kildalton Church, so &r as you know! Depone^
Without re-examining the Call, I could not undertake to specify the number.
At this stage of the proceedings, in consequence of the lateness of the hour, the agent Ibr the
0 Objectors refrained from putting any further questions to this witness at this diet^ but reserved hia right
to recall him. — ^AU which is truth, as I shall answer to Qod.
(Signed) Pstsb Mxcdotoall
James Dswab, Moderator.
James Diwab, dark P.T.
H
At PoBT-EiXEN, Twenty-first January, Eighteen Hundred and FiffyHidne.
Compeared Janet Ejeith or Magdonaid, residing at Laphroig, who, being solemnly ewoni aid
examined in Qaelic, for the Objectors, depones, I am a communicant in connection wilhthe ^1WfW»"
congregation, and I have been so for the last twelve years. I am a member of the OaeUc eongmalioii,
1 and I have been a regular attendant upon Divine worship at Kildalton Parish Church for mb last
seventeen years. I heard Mr Macintyre, the Presentee, preach in said church, in Qaelic^ an BaHmth
the eighth, and Tuesday the tenth days of August last. Depones, I was not satisfied with the Pre-
sentee's manner of conducting the services of the church on these occasions.
Interrogated. — Were his prayers offered up with any degree of earnestness and solemnity t De-
pones, No.
K Interrogated. — In what respect were his prayers not earnest or solemn? Becanae they me
not put forth with earnestness and solemnity, so as to be of any benefit to my heart
PROOF FOR THE OBJECTORS.
35
IntflROgatocL — ^Were hia diaoonraes edifying^ or did they convey any xmful instruction to you? A
Deponesy the disoonrses were not edifying^ and did not convey any usefol instruction.
Beiog interrogated if ike subi^t&iT the most part was unconnected with the text! — Depones, he
did not foUow his text at alL *
Interrogated if the discourses themselves were connected one part to anotherl — I am not aware
that they were. «
Inteirpgated. — ^Were they confused? Dep(me% tiiey must have been so. B
Interrogated. — ^Were you able to follow the preacher so well as to comprehend his meaning? De-
ponesy Yea, completely so.
Interrogated.---Were his prayers and sermons such as you have been accustomed to hear? Depones,
Well,na
Interrogated. — ^In what respect were they different? Depones, He did not give them out with
earnestness, so as to suit me. C
Interrogated. — Did he jump from one topic to another ? Depones,
Interrogated — Did it, in consequence, require a strain of attention, on your part, to follow him ?
Depones, It required a considerable attention, on my part, to follow the preacher ; but I could follow
him so &r as to understand when he hurriedly leapt froiji one topic to another.
Interrogated. — ^What was the character of the Presentee's delivery, or what sort of deliveiy had
he ? Depones, A light delivery — ^that is, want of earnestness. D
Interrogated. — ^Was his delivery hurried ? Depones, Yes. The Presentee read no portion of the
Scripture before giving out his text
Interrogated. — ^Would you choose him as your minister ? Depones, I would not
Interrogated. — ^Is it a matter of notoriety that the Gaelic congregation is generally diHsatisfied
with the Presentee's ministrations, so fiur as regnrds his pulpit service ? Depones, There are plenty of
the church-going people that are dissatisfied with his ptdpit services. £
Intm^ted for the Presentee. — ^Depones, I am mairied. My husband is a ploughman with Mr
Johnston, at Laphroig Distillery. I signed the directions.
IntenogatecL^^Did anybody ask you to sign the objeotumst Depones, Surely my own conscianoe
ahould dictate to me what I should do in a matter of this kind ; and the question bdng repeated^
d«pones» I was left to the freedom of my own will in those matters. I saw Mr Johnston signii^ and
all others that signed against the Presentee. F
Litea^(ated.-^Did you hear tiie oljeotions read before you signed them in the church? Depones,
I did not, but they were read in my heart from the time I heud the Presentee pMcb. I am not
Awan that I ever AW the Ftesentee or heard him befbre the tin^
Interrogated. — ^With reference to your statement as to the objeetions bong read in your hearty do
you refer tb your dij^^i^B ^ di*<^u'Bes and pi^rm Depones, Tes. I do not undmlaad the
questions that are put to me in EngUshi unless they an translated to me in Qaella— All wbkh is G*
truth, as I shall answer to Qod.
j(Sigtted) Jaitkc MACDONim
Jambs Dswilx, Moderator.
Jahbb Dxwab, Clerk P.T.
Compeared DuKoan MactouoalL, Joiner, t^ort-£]len, who being solemnly sworn and examiaed fi
as a witness for the Objectors, depones, I am an adherent of the Established Church, but I am not a
communicant I have been in use to attend divine worship in Kildalton Parish Church since I was able
to go> excepting for a few years when I was absent from the parish. I heard the Presentee preach all his
trial discourses, both Ep^^lish and Gaelic I understand both languages, but the Qaelic best Depones,
I was not satisfied with Mr Madutyre^s manner of conducting the Church services. In my opinion hiA
prayers were not offered up with earnestness or solemnity ; they appeared to me to be more like sermons .1
than prayers. Once or twice I saw the Presentee looking round the house during prayer.
Interrogated. — Did his manner appear to you to be irreverent? Depones, Yes. And the question
being repeated, depones, it did not appear to me as if he felt that he was in the presence of the Almighty.
Interrogated. — ^Were lus discourses edifying? Depones, I thought not It appeared to me that
the subject was partly unconnected with the text It appeared to me that some of the discourses were
not connected in themselves. I sometimes ei^rienced a difficulty in understanding him. He jumped K'
from one topic to another, and some of his discourses I thought confused ; his delivery was very hurried
Xt did not appear to me that the preacher made any earnest and direct appeal to my understanding and
PROOF* FOR THE OBJECTORS.
A heart He spoke so hurriedly that I lost part of what he said. Mr Bamsay, the proprietor of the
estate of Kildalton, is my principal employer. The only occasion on which the Presentee read any por-
tion of the Scriptures before sermon was on Tuesday, tenth August^ when he read the ninth Psalm in
connection with the English service. It is my impression that he*read a portion of Scripture on thmt
day before the Gaelic service; but of this I am not sure.
' Interrogated for the Presentee. — ^I signed the objections, and I saw them in Mr Hunter^s dis-
B tillery before I signed them I never saw or knew anything of Mr Macintyre before he preached at
Kildalton on the occasions referred to. — ^All which is truth, as I shall answer to Qod.
(Signed) Dungan Maodouoall.
Jambs Dewas, Modr.
James Dewab, Clerk P.T.
At Pobt-Ellen, Twenty-fourth January, Eighteen Hundred and Fifty-nine.
Compeared Mr Abchibald Campbell^ Wright, Port-Ellen, who being solemnly sworn and ex»-
mined in Gaelic, depones, I am one of the .elders in connection with tiie Established Church in
Kildalton, and have been so for thirty-one years. I am connected with the Gaelic congr^ation. The
D practice has always been during my experience to have a Gaelic and English service in said chnrdi
each Sabbath. I camiot specify exactly the number of the English congregation ; but so &r as I know,
it will average about sixty. I occasionally officiate as precentor for the English congregation^ when
Mr Gordon does not officiate. I am the appointed precentor for both oongregationsy but Mr Gordon,
Inland Revenue Officer at Lagavulin, who understands sacred music, very often offidates fbr me. I
cannot fix)m the precentor's desk see the whole of the congregation when assembled; but the above h
E the estimate I have formed of the number of the congregation. The average attendance of the Gaelic
congr^tion will be between one hundred and one hundred and fifty. T^e other dden beaidea nnr-
self are Allan Macdougall, Donald Jamieson, and Maloolm Sindair. I heard the Flresentee preach m
whole of his trial sermons, both in Gaelic and EngliaL I never heard him preach either before or
since. I officiated as precentor at the Gaelic services, but not at the EnglidL
Interrogated. — ^Were you satisfied with the PreMutee's manner ct conducting the ohuioh CMrvloesf
F Depones, Scarcely, and Iderived but little benefit fix)m them.
Interrogated. — ^Were hia prayers offered up with any degree of eatnestneas and ademnltyt De»
pooea. So &r as I know, or comprehended, they were not
Interrogated. — ^Were his discourses edifyingt Depones, There were parts of hia aermoiMi fbat I
could not take up, for he spoke so loud and so fiist
Interrogated. — ^Was the subject of the disoouraes connected with the textst Depones, No.
Q Interrogated. — ^Were the discourses themselveB connected, one part to another) Deponea^ So fitf
as I know, ihey were not
Interrogated.— Did they convey any usefid instruction to your mind? Depones, No, no, they
conveyed no useful instruction to me.
Literrogated. — Had you a difficulty in understanding his meaning? Depones, He spoke so lond
and rapidly, that at times I could not catch what he said.
H Interrogated. — Do these remarks apply to the whole of the services which you heard! Depones,
They certainly do.
Interrogated. — Did he read any portion of the holy Scriptures before giving out the teztf De-
pones, No, except on one occasion, which was on Tuesday, tenth August, when he read the ninth Pbalm
in connection, I think, with the Gaelic service; but I am not sure with which service. Dcponee^ I
found out the Psalms and text, but it required a good deal of attention, on my part^ to enahk me to
I do so.
Interrogated. — Judging of the Presentee, firom his trial services, would you have him fcr joor
minister? Depones, Indeed I would not
Being interrogated. — Is it matter of notoriety that the congregations, both English and Gaelic,
are dissatisfied with the Presentee? Depones, I cannot speak for any one but myself; but I bdieve
it is.
K Interrogated. — Are the most rcgukr church attendants with whom you have come in contact, and
with whom you have conversed on the subject, dissatisfied with the Presentee ? Depones, All that I
have conversed with on the subject are dissatisfied.
PROOF FOR TfiB OBJECTORS.
37
Being interrogatecL — ^Did you receive any edification or spiritual advantage from the services con- A
ducted by the Presentee? Depones, I could not say that I did. Depones, for the last forty years I
have been a regular attendant on Divine worship in tiie Parish Church of KildaltoUi when health per-
mitted, and at both services.
Being shown the Call, and requested to go over the names adhibited thereto, and to state how
many of the individuals indicated by these names, are regular attendants on Divine worship at Kildal-
ton Parish Church? Depones, I have gone over the list of names appended to the Call, and cannot B
make out more than twenty or twenty-five names of persons who are regular attendants.
Being shown the objections, and requested to state whether the subscribers thereto are regular in
their attendance on Divine worship at I^dalton Parish Church? Depones, I have gone over the list
of subscribers to the objections, and the most of them are tegular in their attendance.
Cross-interrogated for the Presentee. — ^Depones, I am about sixty-eight or sixty-nine years of age,
and I am an ord^ed elder in the parish of Kildalton, I was ordained on the twenty-sixth of August, C
1827. I had not the date in remembrance before the meeting of Presbytery at Bridgend on eighth
September last. I do not suffidentiy understand the questions put to me in English, till they are
translated into Qaelic I understand music a littie, and I understand a littie music firom books.
Being interrogated. — ^How often do you officiate as precentor at the English services in the course
of the year? Depones, I only do so when Mr Gordon is absent, but I cannot condescend upon the
mimber of times. Mr Cordon is not often absent from Church. D
Being interrogated. — Have you been present at any of the diets for leading proof in thia case
dozing part of examination of some of the witnesses, and have yon been requested on several oocasionB
to leave the Court? Depones, I was only present on one oocasion at Lagavuluii when I was ordered
ocrt^ and I accordingly retired, and was never present at any subsequent diet
Being shown five executions of citation against witnesses for the OIgector% hearing to proceed in
▼irtae of a warrant upon a petition at the instance of Archibald Campbell and Mm, mi interrogated B
whether you are the Archibald Campbell therein referred tot
Objected bv the agent for the Otgectors. — kt, That executions of citation bear internal evidmoe
of fhdr own authenticity^ and m problkio prcbata.
8d| That the agent for the ObiectorSi in pursuance of his duty, has used the names of his clienti
in the presentation of petitions and other formal prooeedingSy in aooordanoe with the mandate in Us
tmaif and the undoubted privilege which he possessesy to take every step neoessaiy in the oondnoUng t
of the OUeotorB* case without addng the roedal permission of any of tiuon.
8d| The witness is an objector, and the only one of that nams^ and the tendenar of the preient
qnestion wiU be either to impeach tiie execution referred to, or the authority of the Ol|)eaton' agentj
whose mandate has been abeady sustained, and on these grounds the question is inoompetent
The agent for the Presentee considers it unnecessary to answer the above otgeotions,
FaMes being removed, the Presbytery, after reasoning, unanimously sustained the objections, and Of
feAlsed to allow tiie queition to be put
Interrogate — ^Whether there is any other Archibald Campbell whose name is to the olgeetions,
except your own? depones. There is not
Interrogate — Have you taken a great interest, and exerted yourself individually in the opposition
to the Presentee? Depones, Certainly I have taken a great interest in the case as an individual, out did
not tiy to influence others hi their opposition to him. H
Literrogated. — ^When did you first see the objections? depones, I had the dlijections in my
Bebg interrogated, and desired to state what objections you had in your mind?
Otgected for tiie Objectors. — 1st, That the objections before the Court is a written document,
and cannot be contradicted, modified, or explained parole evidence. 2d, The witness cannot be in«
Ttdved in any contradiction of his own written statements. 1
Answered.— It is the duty of the Presbytery to ascertain the whole circumstances connected with
the present objections, as well as the proof adduced in support or in refutation of tiie objections; they
are specially recommended to do so by the Act of Parliament under which the present proceedings are
carried on; and should they refuse to permit the inquiry involved in the present question, one of the
most important elements for adjudicating upon the case will be kept back.
Parties being removed, the Presbytery, after reasoning; repel tiie objection and allow the Question K
to be put, Mr Dewar, Kilcboman, and Mr Webster dissenting; whereupon the agent for the Objectors
protested and appealed tU tupra^ for the following among other reasons to be urged at the bar of the
38
TROOlP FOR THE OBJECTORS.
A Assembly at tho discussion thereof: — Ist, That the question is irrelevant. 2d, That it involves the
contradictioa of a written document. 3d, That the Presbytery ought to have put the objections, as
found relevant, into the witness's hands, and ask if these were his objections, if any doubt existed on
that subject. 4rth, That the witness has identified lus signature to the objections; and the question, as
put, has a t^dency to involve him in a contradiction of his own written allegations; and the witness
being re-called and the question put^ depones, His pulpit services did not please me. — ^All which is truth,
B as I shall answer to God.
(Signed) Abchd. Cakfbsll.
Jamss Dswab, Modr.
Jamss Dxwab, Qfirk P.T.
C At Port-Ellen, Twenty-fifth January, Eighteen Hundred and Fifly-nine. -
Be-compeared Mr Archibald Campbell, Wright, Port-Ellen, the preceding witness, who being
again solemidy sworn and examined in Gaelic, and cross-interrogated for the Presentee, depones, I first
saw the pi^r of objections against the Presentee in the Church of Kildalton, on the day of moderating
in the CalL I knew nothing about the Presentee previous to my hearing him on the occasions I
D referred to. Depones, I have often heard ministers speak rapidly, but I woiUd like one to speak slowly, .
and explain as ho wont on, and not as if he were reading a newspaper.
Interrogated and desbred to specify in what respect the prayers were not, in your opinion, offered
up with any degree of earnestness and solemnity? depones, BecMise I received no benefit from them.
Interrogated, and desired to state in what respect the discourses were not, in your opinion,
edifying 7 Depones, I have already stated that he spoke so rapidly that I could not get hold of his
£ words.
Interrogated, and desired to give any instances where the sulject of the discourses was not oon*
neoted witii the text 1 Depones, I do not reooUect
Interrogated, and desured to give any instances where the discourses themselves were not con-
neoted one ^urt to another ? Depones, I cannot ; I have not kept it in memory.
■Interrogated, and desired to state whether the answers which you have given in your ezamination« -
F in-dhief with regard to the. Presentee's prayers and discourses, apply to all the services of the Presentee^
on the three occasions you have referreil to, both in £n|^ish and Gaeliot Depones, I say nothing in
r^ptfd to the English, but my answers, as already given in chie^ apply to the whole Gaelic servioea.
Interrogated. — ^Did you advise any parties to withdraw their names from the Gall I DeipoDm, I
did not ; I have had nothing to do wiu any one but myseli
Interrogated, and referred to that part of your deposition in which you state that you bdieve it
Q to be matter of notoriety that the congregation is dissatisfied with the Presentee*s serrioeSi and also
the most regular church attendants with whom you have come in contact, you are requested to state,
whether this statement applies to the parties who have signed the objections, or to what parlies it
does apply ) Depones, I apply it chiefly to those who signed the objections. I spoke oftener to those,
who have signed the objections than to others regarding tibis matter.
Interrogated, and desired to state whether you have any knowledge whatever of the truth of the.
II statements contained in the objections, as to the Presentee being a vigorous and energetic minister in
his present parish ?
Objected for the Objectors. — 1st, That the question is not cross to any part of the examination-.
in-chie£ 2d, That the idlegation referred to in the question as to the Presentee's energy and activity,
has been sustained by the Presbytery as relevant, and admitted to probation, but the Obgectcns have
not attempted to prove that objection by the present witness, and it must &il to be proved aliunde,
I 3rd, That a similar question has been ak^ady put to the witness and answered, when he deponed that
his objections referred to the Presentee's pulpit services. 4th, That the question is not fmlj pat, as
it takes for granted that reference is made to the parish of Kinlochspelvie, in the second OEgection,
which is not the case, the words of the second objection being personal to the Presentee.
Answered. — The objection that the question is not cross to tho proof-in-chief, is not, as the law of
evidence now stands, a good objection; the other objections are entirely away from the point It is the
K duty of the Presbyteiy to iiUow the fullest investigation with regard to the groimds upon which each
individual objector who is brought forward as a witness had for objecting to the Presentee, and sinular
questions have been dready put to previous \Wtnesses.
rROOF FOB THE OBJKCTOBS.
30
Ptetiea being removed, the Presbytery, after reasoning, sustained the objection, and refoscd the A
question to be put in its present shape. Mr Macdonald dissenting.
Interrogated.— Whether you had any knowledge whatever of any of the objections against the
Fraentee^ except such as was'^derived from your having heard him preisMdi on the occasions you have
referred to) Depones, No. I did not know that he was bom, until I heard of him as Presentee
to Kildaltop. Hie objections were not read over to me before I signed them in the church.
Interrogated—Whether you are prepared to state anything against the Presentee as a vigorous B
Md eneigetio minister, other than what you have already deponed to as a witness. Depones, I have
Qotiiing against the Presentee but that he did not please me m his preaching.
Interrogated. — ^If you have taken any steps with regard to scrutinising the Gallt Depones, I did
Bothiiig of my own acoord, but was called on by the Committee of Presbytery as a member of Session
to assist in analysing the GalL I know all the parties whose names are to the olgections, but some of
those whose names are adhibited to the Call I would not know should I meet them on the public road. C
With xefiBrence to my statement that the average English congregation is about sixty, and the Qaelio
congregation between one hundred and one hundred and fifty, I mean that these parties are regular
attendMits in Kildalton ChorcL By regular attendants I mean parties who go to church every Sabbath.
The Kildalton Church will be two miles, I dare say, from Port-Ellen.
Being interrogated, and referred to the names adhibited to the objections, and desired to state
whether the great bulk of the parties whose names appear there, does not consist of people who are D
themselves, or have friends, in the employment of Mr Graham, either in connection with the distilleiy
at Lagavulin, or the &rm there? depones. No.
Literrogated. — ^How many of the parties whose names appear at the objections which are now put
into your himds, are in the employment of Mr Walter Qraham, or are relieves of parties in his employ-
ment, or are otherwise connected with the distillery and &nn at Lagavulinf
Objected for the Objectora — 1st, That the question is irrelevant 2d, ThA the status of the E
Ol^edkNTi^ as being communicants, has been already ascertained and sustained by the Presbytery. 3d,
That it is beside ^ question how or where these communicants are employed, and the Presentee has
no right to point to any particular individual as the employer of these Objectors, for the purpose of
insinuating motives wUdi are as untrue as they are irrelevant, the true question before the rrAytery
being whedier tkd allegations in the objections are founded in fMst, for by that they must stand
orfalL F
Answered-^lst, Thai tiie question is perfoctiy oompetenti and has already been pat to several
previous witnesses. 2d, This objection has no beainng upon the competency of the question. Sd, It
is within the matters which go to form this case to ascertain who and what the parties are whose names
are attached to the oljections, uid the particukr drcumstanoes in which they may stuid with regard
to other Oljectora The question is put for the purpose of ascertaining; futs, and if any particular
ot^ector fsels himself actui^ by motives darkly insinuated in this dgection referred to^ that is a Q
matter Ibr which the Presentee may feel sony, Imt which he cannot help.
Parties being removed, the Plresbytery, after reasonings repel the oqjection^ and allow the question
to be put
Against which deliverance^ the agent for the Objectors protested, and appealed tf^ fupni, for the
loIlowiQg amoQg other reasons: — ^That the question is altogether irrelevant^ and ouj^t not to have been
allowed. H
The witness being recalled, and the question been put, Depones, I see, from the objections, the
names of twelve parties who are employed by Mr Graham in the distillery, fium, or vessels, induaive
of the wives or rdatives of the men employed. There may be other parties whose names are at the
objections, who are relatives of those I have mentioned, although I do not know the relationship. I have
seen the printed ticket on the distillery at Lagavulin, and it Uars the name of Mr Walter Qraham an
the distiller; but he is only the manager. I
Interrogated and desired to state upon what authority you state that he is only manager, when his
name appears as the distiller?
Objected that the witness has only spoken to the &ct, that a name appears on a ticket; but the
question assumes matter which the witness has not spoken to, viz., the actual distiller.
Answered, the witness has made a statement that Mr Qraham is the manager, and not the distiller
in whose employment the parties are to whom he has referred, although the board expressly bears that K
Mr Qraham is the distiller; and it is necessary to ascertain how he comes to make such a statement.
The Presbytery allowed the question to be put,
40
PROOF FOE THE OBJECTORS.
A Whereupon the witness depones, I decline to answer the question, as I ha^e nothing to do with
the arrangements between Mr Graham and Mrs Qraham, his mother.
Re-interrogated for the Objectors. — Depones, Among the twehre individuals above raSnred to,
there are six communicants. I don't think that there are any of Mr Graham's penonal aemnts ifliote
names are to the objections. Mr Graham is a large £urmer.
Being interrogated with reference to your answer, that you did not hear the objectioiis raul over
B before you signed, on the day the Call was moderated in, did you hear any one of the Olirjeoton state
to the Presbytery the propriety of having the objections read over before being aigned, as the Preaby-
teiy would otherwise be obliged to take down viva voce objections which eadi objector had to prate;
and was it agreed that the reading of the objections should be deferred till after the ognataxee were
adhibited, and were the objections accordingly read over, in the hearing of the Olgectoro assembled, by
the Presbytery Clerk, immediately after they were signed? The Presbyteiy, after reasoniiig^ witlioiit
C hearing parties, refused to allow the question to be put; whereupon the agent for the Olgectocs pro-
tested and appealed ut supruy for reasons to be given in due time. — All wUch is truth, as I shallaiunPir
to God.
(Signed) Abchix Camfbill.
Jambs Dewab, Modr.
Jambs Dewab, deik P.T.
D
At PoBT-ELLBif, Eodem die. Octavo hortL
At this stage of the proceedings^ the agent for the Objectors moved the Presbytery to allow their
Clerk to be examined as a Haver to the e&ct of producing as part of the Objectors' evidence the mx
E trial sermons preached by the Presentee in Kildalton Pariidi Church, in conformity with the i^point-
ment of the Presbytery on Sabbath firsts Sabbath eighth, and Tuesday the tenth days of Augoat last
The Presbytery having considered the above motion, resolved to allow Mr Macdonald, Clerk, to produce
said sermons.
Compeared the Reverend Donald Macdokald, Minister of Kilmeny, and Clerk to the Prtebyteiy
of Islay and Jura, who being solemnly sworn and examined as a Haver, depones, and produced the six
P trial sermons preached by the Presentee in Kildalton Parish Church, in comformity with the appoint-
ments of this Presbjrteiy, and which were severally docqueted and subscribed by the Haver, and Mode-
rator, and Clerk, as relative hereto.
At this stage of the examination, the agent for the Presentee admitted that the discourses pro-
duced by the Haver, are the identical discourses preached by the Presentee as his trial disooonea on
the occasions referred to in the Church of Kildalton, on first, eighth, and tenth days of Aogmt
Q last And which, on the Objectors' call, were produced by the Moderator, and received by the P^ee-
byteiy as part of the Objectors' proo^ and are in the Presbytery Minute of the ISth Ootr. last
mentioned, as received of consent of parties as part of the Objectors' proo£ — ^All which is truth, as I
shall answer to God.
(Signed) Donald Macdokaux
Jambb Dbwab, Hodr.
H Jambs Dxwab, dedc P.T,
Compeared Donald Jamieson, residing in the glebe of Kildalton, who being woknaxitj awom
and examined in Gaelic, as a witness for the Objectors, depones, I am an elder in tne Plaiidi CSimh
of Kildalton, and have been so for the last fourteen years. I belong to the Gaelic congregation, but I
I have been in the habit of attending both the Gaelic and English services. From the office wUdi I hold
as beadle, I am, and must be, a regular attendant on divine worship in said church. I beaid the
Presentee deliver the whole of his trial services. Depones, I was not satisfied with his Benricea; I
derived no benefit firom them. As to his prayers, it is not likely they were offered up with earneatmess
and solemnity, for he himself did not seem to be impressed vrith what he said. What does not oome
fix)m the heart cannot reach the heart
K Interrogated. — Were his sermons edifying? Depones, I derived no spiritual instruction and no
life to my soul from them.
Interrogated. — Did the subject seem to ycu to be connected with the text? DeponeOi they were
ntOOV FOB TRB OBJB0TOB8.
41
Im^Imp •fttthdgaTa oafe his tert he departed from it imniftdiatelyi and he did not divide hia lalject A
into heads, as other ministers are in tiie habit of doing.
Interrc^gated.— oWere the discooxses themselves oonneoted one part to anothert Draones, I went
to hear the Presentee witii the anzions desire to have my soul spiritnally benefitted, imt from the
hmdness and rapidity of his delivery I lost the eonneetion and oonld not foQow him.
Kitenpgated. — ^Is he qualified in yoor opinion to be yonr minister! Dqtones^ if I thought so I
woold not be opposii^ hinu B
Interrogated.— *Is it matter of notoriety that the congregation are generally dissatisfied with the
FjNsentee*8 pnlpit servioesf Depones, yes, the most regular attendants are dissatiafied with him.
Cross-interrogated for the Presentee. — ^When did you see the objections firstt DeponeSi I saw
them in En^h and QaeUe before I sign^ them, and I also had them in my own heart I had in my
lieart as many of them as were necessary for me. I have been in Court when witnesses were examined
in EngUshy but I could not understand what they said. I saw the objections in my own house, and I C
was reading them there. They were written in English and in Qaelic^ but I cannot say with certainty
how long ti^ was before I signed them in church.
Interrogated. — ^Who gave you the objections you refer to?
Objected for the Objectors, that the question is irrelevant
Answered, the question is relevant
The Presbytery allow the question to be put, on which the witness deponed, that the objections 0
were in the hands of every one, and that he received them from Qilbert Carmichael, one of the Objectors.
I cannot be sure whether it was the same paper that I received from Oilbert Carmichael that I signed
in church, but it was the same in substance; and being shown the objeotioDS, and being asked whether
that was the pi^ that Gilbert Carmichael gave himf depones, It is not like it; tl^ one I saw was
sot so large, and the hand-writing was not like what I now see. The paper that I signed in church I
lieard read by Mr Hunter outside of the church before I signed it It was read to myself and others 8
^ En^ish^All which is truth, as I shall, answer to God
(Signed) Donald Jjimiisoh.
Jamib Dew am, Mbdeiator:
J Aim DiWAB, Clerk F.T.
P
At PoBT-EiUEir, Twenty-dsth Jannaiy, Ei|^bteen Hundred and Ifflgr^iine,
Be-oompeated Dokaid JinnBSOir, the preceding witoess, who being again sokmnJIy sworn and
oamined In Gaelic^ andoross*interroptedforthe Prasentee,dqM>nes---lfy]^^
Interrogated, and referred to your statement ^lat it was not likely thftt the prayers were o&red
up with earnestness and solemnity, and that the Presentee did not seem to be impressed with what he Q
said, you are requested to state the grounds upon which you make these statementst Depones, They
were dry, and my soul derived no benefit from them.
Interrogated, and desired to give any instances in which the prayers were debetive^ in any of the
essential requisites for producing the e&ct to whidi you have referred, upon the ndnd of a party
willing to be edified ora£fected by them, as compared with the prayers of other ministerst Depones,
Other ministers pause at the end of sentences, and have a pious appearance; but Mr Kaointyre did H
not do so, but he went on continuously, without any pause, as if he had been lecturiog^
Interrogated, and requested to state what you mean by having a pious appearancet Droones, He
liad not the appearance of piety, from the manner in whidi he delivered tiie word; and one who
looked round the church, when engaged in prayer, had not the appearance of piety.
Interrogated, and desired to state the manner in which the word was deUveredt Depones, He was
not keeping slow or at ease, like godly ministem I
Interrogated, and referred to your statements, that the sermons were not edifying^ and that you
received no spiritual instruction and no life to your soul from them, you are requested to ^ve your
grounds for making these statements, and to state in what respect the sermons fuled to produce the
efiects referred to, as compared with the discourses of other ministers ? Depones, With regard to other
miiusters, they divided their sermons into heads, Ist, 2d, 3d, &c Mr MEudntyre did not do so, but
as soon as he gave out his text he departed from it, and did not follow it out ; and there was neither K
law nor Gospel in them. I sit in the elders' seat on the left side of the pulpit When the seat is
full I sit elsewhere. I sat in the elders' seat on the occasiona Mr Madntyre preached. I neither heard
F
42
PlOOr FOR TH£ OBIECZOBi.
A nor aaw Idm before ha €ttma to the paoah M Rr^^ I am aa ordained eUefi and 4MdmlbB u
recorded in the Session Beoorda
Re-interrogated for the Ol^eotoca — ^Depones, the elders* seat^ in whichi sat on the oocanooB when
when Mr Madntyre preached, is near the pulpit^ and a Yery good place for hearing. I did not axna*
rience any difficulty in finding oat the Gaelic texts or psahns given oat by Mr Madntyre; bat I hacla
diffienlty in finding oat the En^^iah texts and peahnsi for he spoke so low, I had to get thesafiEom othera.
B There are three elders, besides myself, belonging to the cotigr^tioni and these are fow enoaf^— A)l
which is tnithy as I sbaU answer to God.
(Signed) Donald Jamiebok.
Jamib Dxwab, Modr.
James Dkwab, CSeifc P.T.
Compeared Fbtxb Bud, Crofter, Letts, Eildalton Parish, who reftwed to be sworn, and was there-
fore not examined at the present diet
(Signed) Jambs Dewab, Uodr.
James DewaBi Clerk F.T,
D
At Pobt-Eluk, Xodm die, 7 o*dock p.m.
The agent for the Objeoton proposed to lead evidence affecting the Call, and to addnee Abohibald
JoHHBToir, Duncan Singlaib, and other witnesses, in relation thoreto, and moved the Conrt to allow
tooh jnoof to be led. The Presbytery, in the meantime, postpone consideration of the pt^
B reaerving the rights of parties kinc inde.
At thi» stage the agent for the Obj ectors moved the Presbytery to read the P)reaentee*B trial diaooofsea
produced in evidence.
The agent for the Pteaentee represented to the Presbytery that $uch reading of the discourses, while
the proof the Objectora is going on in open Court, and while the same has not been dosed, is incom-
petent and illegal The discourses have been given in to the Presbjrteiy, as productions by the inter-
P vention of the Moderator and Clerk as Havers, and they &11 to be read over and considered by the Pres-
bytery along with the written dqKMEtions of the witnesses examined on both aides — ^when the proofs
for both parties are completed; and the Presbytery had no right, if they have done so, to open the sealed
padcetinwhichthe8ediB00iuBeBwerecontained,nor had theyany ri^t to read the same ontil the proo&
for both parties were dosed. The reasons which dictate such a coarse are too obvious to require iUua*
tration; but it is suffident, it ishoped, to remind the Court that the Object<»s' proof has not yet been
0 dedared at an end; and the procarator for the Presentee £uther stated, that in consequMice of there being
a great many contractions in the discourses, which would not be intelligible to a stranger, he craved
that the Pr^ntee should himself read the discourses to the Presbytery, or that he shoiUd be allowed
to make full and extended copies thereof, at the sight o( and to be compared by, the Clerk of the
Presbytery, or by any other member or members thereof that may be appointed for that purposeu
Answered by the agent for the Objectors, that while he holds his motion to be competent and
H proper at this stage of the proceedings, yet, as the agent for the Presentee has olgected to the diaeonraea
being read over in the meantime, he has no objection to the reading of the disccmrses being poatpcned;
but he deddedly objects to the extraordinaiy suggestion made at the condusion of his objection^ that
the Presentee should be allowed to copy out the discourses in the way proposed.
The Presbytery having considered the motion for the Objectcnrsi objection stated for the Presentee
and the answer thereto, resolved to defer the reading of the discourses to a future stage of the case, and
1 also reserve consideration of the craving by the Presentee*s agent as to the reading and copying oi the
discourses.
(Signed) James Dbwab, Modr.
James Dewae, Clerk P.T.
K
At Port-Ellen, Twenty-seventh January, Eighteen Hundred and Fifty-nincL
The agent for the Objectors declared the Objectors' proof-in-chief to be closed, except in so fiar aa
PROOF FOR THE OBJECTORS.
43
additional evidence may be allowed, or ordered by the Superior Conrt, and under reservation of the A
Objectors* right to lead proof in replication, and to have the sermons read.
(Signed) H. Diemfsteb, Agent for the Objectors.
The agent for the Presentee represented to the Presbytery that the Objectors having now closed
their proof-in-chief^ by the above minute, and thereby exhausted all the proof that they are entitled to 3
lead, in terms of the Benefices Act, it is incompetent for them to lead any ferther proo^ except such as
may be allowed by the judgment of the Qeneral Assembly, upon any of tiicir appalls which may relate
thereto; and it is ta be understood that the Presentee does not consent to, but on the contrary denies
any such right of reservation as applies to a proof on the part of the Objectors^ in replication to the
proof which now falls to be led on behalf of the Presentee.
(Signed) A. Macdokald, for Presentee. q
James Dswab, Modr.
Jambs Dbwab, Qerk P.T.
Extracted from the Records of the Presbyteiy of Islay and Jura, on this and the 316 preceding
pages, by me,
(Signed) Donald MacdokaiDi Presbytery Cleriu
PROOF FOE THE PBESENTEE.
At Pobt-Ellbn, and mihin the School-Hoase thei^ TwaDfy-Uurd Febmaiy,
Eighteen Hundred and Fifly-nme, Seven o*diock pjCi
Compeared John UAcrsrmx, Farmer, ArdtaUa, parish of Eildalton, as a witneaa fin* the A
resentee, who being solemnly sworn and examined, depones — am tenant ot the fiwrns of Ardtalla
id dai^an, in the parish of Eoldalton, and I have been bom and bron^t up in that pariah. These
■e large &rms, and my rent is £222. I attend the Pariah Church of KiWalUm, and my residence ia
K>nt nine miles therefrom. I recollect of the Presentee preaching in the Paridt Church on the
icasion of his preadung his trial discourses. He preached on three separate occasions. I heard him
reach on these three occasions, in Gaelia I tdHoweA, and distinctly undentood the Ftaentea on all B
lese occasions, both in the prayers and other services^ and I received instruotton and eiWftortton ftom
le Presentee's prayers and discourses. And the Presentee conducted the sendcea in a revwent and
K)ombg manner on these occasions, and I consider the Presentee fitted and quaUflad to be mv mfadrtar.
signed the Call in &vour of the Presentee. It ia matter of notoriety thati with the emipaoii of the
urSea who have signed the ol^ectlonsi the great body of the paqple are in flkvoor of the AiSintei. Z
coUeot of meeting Mr Walter Orahami one of the Otijeotors, in nia oiBce pmiooa to the FriMBtei^a 0
oning to Eildalton to preach his trial discourses.
InterrQgated.-*-Whether on that occasion Mr Qraham stated to you that he intended to oppose
te Presentee, and that the Presentee should be kept out, and another pencil gott
Whereupon it was objected for the Objectors that the question ia incompetenty in fespeel^ Isly
hat it does not £eJ1 within the questions admitted to probation* 8d, That it is not ocn^unct to any
•oof led for the Objectors. 3d, That the tendency of the question does not aflbct the mmits, but D
le crc^bility of one of the Objectors who has be^ examined as a witness; and no fiinndation
as laid for such a question in the course of Mr Graham's examination, and no protest fi>r repro-
itors Was taken, and therefore his testimony cannot be impugned in hoc ikOiL 4tih, That to
Unit the present question would inflict an act of iqustice on Mr Qraham, who, in the abaence of
probatoiy proo^ is deprived of an opportunity of contradicting the witness, however mistaken the
itness may be. B
Answered for the Presentee.— 'Even were there nothing in the proof led for the Olgecton to which
e present question could be said to be conjunct, yet, by the third section of the Benefices Act of
^3, any proof on the part of a Presentee tending to show, ''That the objections and reasons stated
e not truly founded on any objection personal to the Presentee, in regard to his ministerial gifts and
lalities, either in general or with reference to that particular parish, or arise from causeless prejudice,'*
e question now put would be perfectly competent; but the question is conjunct, in the clearest possible F
anner, to proof which has been adduced by the Objectors, and the Presentee must take leave to state
at an objection on this point comes witii singukrly bad grace, and evinces a desire to smother the
ath with r^ard to the manner in which the opposition in this case has been got up, and to prevent,
possible, the facts thereof from coming before tiie Church Courts. The Objectors have made a most
roneoos statement in saying that there is nothing to which this question is conjunct in the evidence
Mr Graham. By referring to the testimony of that gentleman it will be found that he states, ''Any Q
irties who talked to me on the subject I always told them that I was prepared to do my own duty,
id that I thought every one ought to judge for himself in a case of this kind. I told these parties
tat I intended to oppose Mr Macintyre. This was after he preached." This evidence, given by Mr
raham in his initial examination, was, of consent of parties, held as part of the evidence in cau«a, as
60
PBOOF FOB THE PRESENTEE.
A the dificourae^ bat I will not do so m case I ahoald go wrong. Depones^ I do not recollect any of ib»
FkBalms that were given out on the first Angost Depones, with regard to the eighth August, I will
Qot enter upon any point of doetiine that the Pkesentee expounded or preached about^ but I reoolleet that
his text was taken firom Acts xxL 16 v.
Being interrogated. — ^Do you recollect the words of that text f Depones, I will not repeat them
in case I should go wrong.
B Being shown the New Testament^ and requested to read the last-mentioned text therefinom, de-
pones, I have read the whole of the Terse above dted, but it is such a long time since, I cannot tell
whether the text of the 8th August was part or the whole of the verse. If I had taken notes I woold
have no difficulty; but having taken no notes, I have a difficulty in remembering. At the time I
heard him I was highly satisfied, and upon my arrival home, his text was read over in my own bouse^
and the subject of his discourse conversed upon.
C Being interrogated. — ^What was the subject of that discourse) Depones, I decline to answer so
many repetitiona With reference to your answer-in-chie^ that ''you received firom the Presentee's
discourses the usual amount of edification and instruction that you recdve firom the discourses of
other ministers," you are requested to state the edification and instruction that you refer tof DeponeSy
I was highly edified, and satisfied, and received more instruction firom his discourses than firom any
other parish minister I have heard in Islay.
D Being interrogated. — ^What instruction and edification do you refer tof Depones, my mind wis
instructed, and his discourses reached my heart
Being interrogated. — ^What useful lesson did your mind receive firom the Presentee's discourses?
and what was the nature of that lesson! Depones, I will not enter upon that at all, it is so long sinoeL
Depones, I do not recollect where I was on the 10th Feb. last, nor can I tell where I was on the ni^i
of that day.
£ Being interrogated. — ^Have you been reported to the Board of Inland Revenue by your superior
officer for any fiiulty conduct, and if so, what was the fiiult reported concerning you f
Objected. — ^The question is incompetent, and, like a great many of the previous questions to this
and other witnesses adduced for the Presentee, is put for the purpose of annoyance, and the gratifica-
tion of personal malice on the part of the Objectors, as wdl as for the purpose of delaying and
obstructing the progress of the IVesentee's proof The procurator for the Presentee has repeaXeStj
F remonstrated against the great waste of time which has occurred by the unnecessary and irrelevant line
of cross-examination whidi has been adopted by the Objectors^ and he now states judicially that
whatever the object may be which the Objectors may have in view in thus protracting the case, that
Mb client will not be responsible for the dday ; and that whether the case will be ready or not to be
taken up at the first meeting of the General Assembly, he will not dose his proof until he has com-
pleted it satiisfjACtorily; and that if the Court permits the time to be spent in inquiries with regard to
0 matters which are not connected with the case^ they must take the consequences upon themiBelveB.
The particular question now objected to is incompetent, because it is inadmissible in evidence to
the witness what another party may have said against him. If there was, in point of fact, any such
report in writing, it is incompetent to take any parole evidence with regard to it; and this prindpls
has been held by the Court with regard to similar questions objected to by the Objectors.
Answered for the Objectors^ — 1st, That the allegation of motives against the directors is as
n absurd as it is untrue. 2d, The question is competent to enable the Court to estimate the value of the
witness's testimony, and it is more especially so, having regard to the terms of the Benefices Act^
which ei\joins the F^bytery to have r^^ard to the whole circumstances and condition of the paiiah,
and the spiritual welfare and edification of the people. 3d, The long objection stated for the Pr^entee
r^rding delay is a practical refutation of itselfl 4th, The question refers to a fact affecting the
witness himself, and he is only called upon to speak to his own biowledge of it ; and similar questions
1 were allowed in the course of the Objectors' proof^ and especially in the case of Donald MBcpkensm,
who was asked whether he had been visited with diurch censure, and for what fault?
Parties being removed, the Presbytery, after reasoning, sustain the objection and disallow the
question, against which deliverance the agent for the Objectors protested and appealed tU ntpra, for the
following, among other reasons, to be ur^ at the discussion hereof: — 1st, That the Court diould have
the means of ascertaining the character of the witness, and of thus forming an estimate of the value
K his evidence. 2d, Such forms a material element in the decision of the cases of this sort, under the
Benefices Act 3d, That the question is fiedrly and competently put
Being interrogated. — With reference to your answer, that Mr Qordon, the officer of Inland
PaOOP FOR THX PEBfiElfTBB.
4r
Jmn (tf age^ I m not married, and I am not a Mher. Depones, I lunre oiw maidHMraat^ and two
men-servants just now. I had another servant lately whose name was Jane Macgillivary. Sttie ia a
eoattB of my own; Imt I cannot tdl where she is just now. It is eonsisteDt with my knowledge that
Jane MaogiUivwy lately bore a child, and since she left my service. She left my service I think in
October last. I cannot tell whether she is a married woman or not Depones, I do not know who
the fklher of her child is. All that I know is that she has been &ving in Glasgow lately. I sent Jane
UiaogilUvaTy no money since she left my service, and as ihr as I know, she is living on her own money, g
On the Sabbaths, and sometimes oftener, I have fsmily worship. I heard the Presentee preach Ida
tnal discourses on the first, eighth, and tenth of August last I did not hear any part of the English
servioes. I wderstaDd parts of a sermon preached in En^ish, but not snffidenfly welL
Interrogated.-«How often did yon attend dhirreh ficom the time Mr Maotavish died till yon
hea^ the l^esentee preach in August lasti Depones, I kept no partieolar note of the times I at-
tended ohmN^ dnnng the period referred to, but I went to the church on two Sundays when I expected g
there woqld be sermon, and Ibund it shut, as there was no sennon on these occaaioiis. I will not say
bow often I heard service during the period referred to.
Being interrogated.-«Did you attend said church, onoe^ twio^ or thricei, or fbor times during the
Slid period? Depones, I do not recolleet how often.
Interrogated.—- &nce you cannot q>ecify the number of times, can you give the text of any of the
sermons durii^ said period? Depcmes, Isa Depones, for the twelve months previoas to Mr Mac- ]>
tavidi's death I attended the church as the weather and my health permitted^ and I was sorely there
more liian ten times. Depones, I have attended service in Kildalton Chnrch since I heard Mr Mac-
intyie preach, but how often I cannot tell, as I did not bear that there was sennoii regularly in the
said chureh.
Being interrogated.— -Have you attended asrvioe in said churdi, once, twioe, tiirice, or fonr
times since you heard Mr Macintyre preach) Depones, I cannot tell how mmj times. I was in j
(dnindi last Sunday, but I cannot tell what miniater preached on the occasion pievioua to last Sun-
day; and the question being repeated, depones^ I have no mind of what miaistm I heazd preach
in said church since I heard the Presentee. Depones, I have attended no other church in this
parish, for the last two years, than the Parish Church; but I think I attended, indeed I am
sure- X attinded church in GUaagow six times during that period. Depones, Beforring to the Pre-
sentee's trial discourses that I heard, viz., the G^lic, I have no mind what he was preaching about p
on any occasion. I took no particular note. I have no mind of the text from which the Presentee
preached on the first of August, nor of the text on the eighth August, nor the text on the tenth
August
Being interrogated. — Heferring to your answer-in-chie^ that you received instruction and edifi-
oatloft fipom the Presentee's discourses, yon are requested to state irtiat tostmctioa you received, or
in what respect you were edified? Depones, He gave us iastruction and enUghtenmeBt as to the way q
we should conduct ourselves, and explained to us the way of salvatioa.
Interrogated. — ^What did Mr Macintyre say in the way of instmetion and enlightenment K
Depones, In Qadio, He told ua to ask forgiveness of Qod, through the Lord Jesus.
Interrogated.---On which of the ocoasiona the Presentee uttered these worda 1 Depones^ I have
no particular mind. Depones, I did not keep in my memory the heads of any ot the cUsconraes the
Presentee delivered, and therefore cannot state them now. Depones, the Presentee eertainly did H
Introduce passages from Scripture into the sermons which I heard him {weach. Depone^, I dk> not
recollect any of these passages. Depones, The Presentee exgimei a portion of Ser^itnre^ but I do
not mind what portion.
Being interrogated if the Presentee, in any of the sermons you heard him preach, ei^Nmnded any
point of doctrine, and if so, what that point was? Depones, I do not well remember.
Interrogated. — ^Did the Presentee, in the sermons you heard him preadi, deliver any Ooqiel mee-
sage, and if ao what was that message? Depones, He did deliver a Gospel message^ that Jesus
Christ came to seek and to save that which was lost. Depones, I have no particular mind in what
»ermon that message was conveyed.
Interrogated. — Can you state any portion of the several sermons which you say you heard the
Presentee preach f Depones, The time is so long that I cannot^ and I took no particular note of the
sermons, as I did not expect to be examined about them. Depones, I do not recollect any of the K.
Psalms ^ven out on the occasions that I heard the Presentee prcAch. Depones, I do not at present
-eoolkct whether the Presentee read any porticm of Scripture, before giving out the text Depones, I
62
PROOF FOR THE PRESEKTEE.
A ' Being inteirogated. — ^What is the name of the elder? Depones, I decline to give his name, ag
the party whom I refer to may be adduced as a witness for the Presentee, and he may give his own name.
Bdng interrogated to give the name of another person) Depones, You (Mr Dempster) woald
like to know who &e parties arc, but I am not disposed to tell who they are.
Beuig interrogated, and requested to state if^ within your own knowl^e, any of the Objectors have
intimidated any of the Callers, and induced them to withdraw their names finom the Call? Depones^
B I have not seen any intimidation, but have heard that Mr Mackerrol, postmaster, sent the letter carrier
to get some of the Callers to withdraw their names.
Being interrogated, and requested to state the person's name who told you that? Depones, I
decline to answer that question.
Being interrogated, and requested to give the name of any other nerson who used intimidation t
Depones, I heard that Macdougall, Portantruthan, a witness for the Objectors, wished a ^1 of the
C name of Macintyre, a servant, to withdraw her name from the Call, and sign another paper against the
Presentee; her uncle told me so, but not herself The unclc*s name is Macintyre. I do not know his
Christian name, but he is my next door neighbour. I do not know where the girl serves, but the ande,
who ^ve me the information, will come forward and satisfy yoiL
Being interrogated, who were the parties whom Mackerrol sent his man to? Depones, I cannot
specify their names, but I will bring a psurty who will do so; and, perhaps, Mr MacCuaig will be able to
D g^ve some information. Depones, another party came to me this week, who told me that he was sent
for to Mr Hunter's office, at the distillery, by Mr Mackenzie, gamekeeper, and Macdougall of
Portantruthan, wishing him to withdraw his name, and he wished to give evidence in this case as
regards that.
Being interrogated. — ^What is that person's name? Depones, I got his name at the time, but I
forget it ; but perhaps the agent for the Presentee will remember it.
X Being interrogated, and referred to your previous answer, that "it is matter of notoriety that
parties have been going through the parish intimidating the Callers, and trying to get them to with-
draw their names from the Call;" you are requested to specify the parties referred to in that state-
ment, and the kind of intimidation used. Depones, I r^er to Allan Macdougall, one of the elders,
who went to a party and told him that if he did not withdraw his name, he would be summoned
before the Presbytery, and would be brought into expenses. The individual I refer to went to Mr
F MacCuaig to ask his advice in the matter.
Interrogated. — ^What is that individual's name? Depones, Mr MacCuaig will be able to give it
Being interrogated. — ^Who told you this? Depones, I dedine to answer that question. Depones,
I will give no fiuther instances, as I cannot wait, having my duties to attend. Depones, Mr Mac-
dougall is neither a Caller nor. an Objector; but he has taken an active part against the Presentee. I
have not seen him do so, but I have heard hun speaking against the Presentee to several people. — All
O which is truth, as I shall answer to Qod.
(Signed) John Macdonau).
James Dewas, Modr.
James Dewar, Oerk P.T.
H At Pobt-Ellen, Third March, Eighteen Hundred and FiRy-nine,
Compeared John Fbaseb, Steamboat Porter in Port-EUen, who, being solemnly sworn and exf-
mined as a witness for the Presentee, depones : — attend the steamer Islay on her arrival and deptf-
tme from and to Qhufgow. I have been about twenty-four or twenty-five years in the parish of
Kildalton, and I have been in the habit of attending regularly the Parish Church of Eildalton.
I' Depones, I hold a certificate from Archibald Campbefl, elder, of being a regular attendant, and of
being sober, honest, and industrious, and which I am ready to produce if required.
At this stage of the proceedings Mr Dewar, of Oa, the Moderator, and Mr Mackenae entered,
when the Moderator took the chair.
Depones, I heard the Presentee preach his trial discourses at Kildalton on the Ist and 8th of
Angnst, and I heard him both in English and QaeUc on Sabbath the 1st. I heard him in Gaelic only
X. on Sabbath the 8th. I followed and distinctly underrtood the Presentee on these occasions. I was
edified and instmcted by the discourses, and I was satisfied with his manner of conducting the Church
PROOF POft THE PBMBFrBB,
4d
ft cue in Porfc-EUoL When I need the expression ''good nnmber/' and **mmy ft one in Poit-SUen/' I A
le&rred to persons whom I have oonversed with on the subject.
Being interrogated, and re^nested to spediy their names, depones, I do not remember the iriiole of
their names.
Being interrogated, and requested to specify the names of such persons as he reooUeots, belonging
to Fdrt-EUen, who are in &vour of the Presentee, depones, I do not recollect of them correct just now.
Being interrogated. — ^Were you in church on one single occasion from the last day the Presentee B
preached till Sunday last f Depones, I have answered that question already, and if you are not satisfied,
you may ask others.
Be-ezamined for the Presentee.— -Depones, My house is nine miles from the Parish Ghuroh, and
the roads are very bad. Since Mr Mactavish's death there has not been weekly preaching at Eildalton,
so flur as I know.
Interrogated by a Member of Court — Are you aware that the pulpit of KOdalton, since the C
death of the late Beverend Mr Mactavish, has been supplied by the members of Plresbytery, as is
usually done on the occasion of vacancies in parishes ? Depones, I am aware that such was the case,
but owing to the distance at which I am from the church, I was not always made aware of the day. —
AH which is truth, as I shall answer to God.
(Sgned) John MACximrB&
Jambs Dswab, Modr. D
Jambs Diwab, Clerk P.T.
At Pobt-Ellkn, Tvrenty-fifth February, Eighteen Hundred and Rfty-nine.
Compeared Andbew Maogibbon, Slater, Port-Ellen, who being solenmly sworn and interrogated S
in Gaelic, depones as follows :-^I have resided at Port-Ellen, in the parish of Eildalton, for tidrty-
seven years. I have been a communicant in the Parish Church of KUdalton for twenty years and
upwards. I heard the Presentee preach his trial discourses in Gaelic on three several occasions.
At this stage of the proceedings Mr Dewar, the Moderator, and the Beverend Mr Mackenzie, who
had a considerable distance to travel unto the Court, arrived, and the Moderator took the chair.
Interrogated. — ^Did you, upon the occasions when you heard the Presentee preach, as above F
deponed to, distinctly follow and understand him through all the services ? Depones^ It was very easy
for me to do so.
Interrogated. — ^Were you satisfied with the Presentee's manner of conducting the church services t
Depones, I was coming home very well pleased after hearing him.
Interrogated. — Were the prayers offered up, in your opinion, with earnestness and scdemnity f
Depones, They were that O
Interrogated. — ^Did the discourses and other services convey edification and instruction to your
mind t Depones, They did that, for I paid particular attention to them. I followed him step by step
as he proceeded, and they applied to my case.
Literrogated. — Did you observe anything in the Presentee's manner, in the pulpit, which you
considered to be irreverent or unbecoming a clergyman f Depones, I saw nothing unbecoming or
irreverent in the manner of conducting the Church services by Mr Madntyre. H
Interrogated. — ^Did the Presentee's delivery appear to you to show that the discourses and otber
services in which he was engaged came from his heart, and did they appeal to your understanding and
heart 9 Depones, The Lord alone knows the heart; but so &r as I could judge, what I heitfd came
with earnestness from the heart, and reached my understanding and heart, and was as dear to me as
the alphabet. Depones, The Presentee is suitable to be my minister, for after coming home my prayer
was that I might hear more of such services. I told my household that he went on from strength to I
strength. Depones, I signed the Call
Cross-interrogated for the Objectors. — Depones, I signed the Call in the New Inn, Port-Ellen.
I did not know to whom the inn belongs; there it sits. I went up to the Church on the day for
moderating in the Call, with the intention of adhibiting my name to it, but some discussion having
taken place, which occupied some time, I had to return to my work, thinking I could sign the Call
at any other time. Depones, The New Inn I refer to, is situated between Archibald Brown's house K
and the sea. Duncan MacCuiag's name is written on the sign-board. I did not read over the paper
which I signed, for it was getting dark when I signed it, and there was no light Depones, No
64
PKOOF FOR THE PRESENTEE.
A sentee considers to be most important circumstances connected with this case. 2d, That the statements
eemtained in the second objection are totally denied. 3d, That the question is not palpably erroneous
in itself because, although the gentlemen referred to could not have bsen Objectors at Uie time in quea-
laon, under Lord Aberdeen's Act, seeing that the period referred to was previous to the Presentee's
preaching his trial discourses, yet they all subsequently signed the objections now before the Fresbytety;
and the statement with regard to Mr Colin Hay is entirely incorrect, as his name appears the fourUi
B signed to the said objections, although he was found subsequently to be ineligible as such, in respect
that he was not a communicant. 4^ The question is therefore clearly competent, and £dls directly
within the spirit and terms of the Act of Parliament already referred to.
Parties being removed, the Presbytery, after reasoning, sustained the objection, and refused to allow
the question to be put Mr Macdonald and Mr Dewar of Oa dissenting. The latter assigning as a reason that
the parties whose names are implicated should have an opportunity allowed them of being relieved from
0 the insinuation contained in tBe question ; against which finding the agent for the Presentee protested
and appealed tU tupra; and also against the reason stated by the Bev. Mr Dewar of Oa^ which he
denies to be well-founded, for the previous, following, and other reasons to be stated at the discussion
of this appeal : — Ist, The question is not a leading question, but necessary in the first place to elicit
the fftct, generally, that statements of the nature referred to were made. 2d, On this &ct being esta-
blished, the question would then naturally follow, "what were the statements that were so madef* The
D Mthority referred to shows that it ia quite competent to put the question in its present shape. — {Dick-
mnanthe Law of EvUlaicey p. 987, Sec. 1984.)
Interrogated. — ^Did you observe, on the day for moderating in the Call, any of the Objecton
niging or pressing parties to go into the church to sign the objections?
Objected for the Objectors. — That the question is clearly incompetent, for the reasons above stated
as to a question put to the witness as to the transactions which took place on the day for moderating
E in the Call ; further, that the objections, as signed, having been formally received and sustained by
the Presbytery, and cannot be impugned by parole evidence during the present proof 2d, If the
Freabyteiy have admitted the objections as part of the records of this Court, it is altogether beside the
question, whether the Objectors were urged to sign them or not Again, 3d, The question, as put^ is
vague and irrelevant, as it refers merely to parties who may have no standing in this Court; and the
onl^ parties who can be recognised, are the Objectors themselves and the Presentee.
F Answered. — ^The procurator for the Presentee holds as repeated the answers which he has ^ven
to the previous objections.
Parties being removed, the Presbytery, after reasoning, sustained the objection and refused to allow the
question to be put, Mr Macdonald dissenting, and also Mr Dewar of Oa, for the reasons formerly assigned
Whereupon the agent for the Presentee protested, and appealed vt supra, for the reasons previoualj
stated, and others to be stated at the discussion hereof
G Being shown the objections and the name " James Robertson, shepherd, Comibus." Depones, 1
know that party.
Interrogated. — Whether Comibus, the residence of the sidd James Robertson, is within the panah
of Oa, and tibat he is not a parishioner of the parish of Eildalton?
The agent for the Objectors objected to the competency of the above question, because its objeet
and tendency is to challenge the correctness of the procedure of this Presbytery in regard to the
H validity of the objections, which were sustained so far back as 8th Sept last, when James Robertaen
was admitted as having the status of an objector without his right being called in question by
the Presentee himself or his agent — who were at that diet afforded an opportunity of impugning the
<^jections, and the right of the subscribers there to become Objectors — but who not only &iled to object
to said James Robertson, but expressly named all the subscribers to which the Presentee's right of
challenge applied; but admitted the Roll of Conmiunicants to be the correct roll for determining the
1 status of the Objectors, and their right and title to object under the Benefices Act Accordingly, an
Interlocutor of relevancy was pronounced after the title of the Objectors had been sustained, and also
an Interlocutor of proof pronounced, admitting to probation the objections proponed, inter aliay by
Robertson ; and it is utterly incompetent for the Presentee to attempt, at this stage of the proceedings,
to vitiate the procedure of the Presbytery, or to challenge the title of any one of the Objectors who
has been, with his own consent, admitted to possess the character and position of a Ixma fide objector.
X Answered for the Presentee : — Ist, The Objectors are labouring under a misapprehension with
regard to the object of the meeting at Bridgend on 8th Sept last The Minutes of that meeting sus-
tained merely the relevancy, to a certain extent, of the objections themselves, but not the right or title
vf the parties who subscribed the same, to be considered as Objectors.
PROOF FOB THE PBISSENTEIL
61
Ikibed; and the quesUon bnng put, the witness iispooM, Tee. D^Kmes, U it pooHble^ from the
lipae of time, that I may not have given the texts in their order.
Se-intenogated for the Objeotora — ^Depones, I do not recoUeot whether aqr OM MfokB to me
mgarding the texts of Mr lladntyre^s sermons since the time I heard these aennons preached.
DqKmes, No one spoke to me about tiiese texts within the last eij^ days^ or ainoe the meeting of
the Presbytery here in Januaiy.-— All which is troth, as I shall answer to God.
(Signed) Akdbxw MAOftmaoTf. :b
Jambs Dkwab, Modr.
Jaicbb Diwab, Cleric F.T.
At PoBT-ExiUar, Twenty-eij^th Febmary, Eigliteen Hundred and lifly-nine.
C
Compeared Donald Blaok, residing at Salen, in the ialand of MoU^ who being solemnly awom
and examined as a witness for the Presentee, depones^ I am at present stodyingat Salen; but I amnot
sure at present whether or not with a view to becomea teacher. I taiight » echooL for some time in
the Pansh of Kinlochspelvie. It was a branch GaeUc school It is going on to two years since I left
the Parish of Kinlochspelyiei The Presentee was minister of that pansh during the time that I resided
there^ and I regularly attended his chnrch, both at the English and QaeUc services; bat not so often at ' ^
the English, as I had fiir to travd, and there was no road at that time, but now theve ia.
Interrc^Sated.— Did Mr Macintyre conduct the English senrices idth eaae^ and, so ftr as you are
awaret, to the advantage of that portion of the parishicneDi who did not fiilly understand the Gaelic
languagef Depones, Yes; and^so fiuras I am able to judge^ Idonot]aM>wany onewho is aUe to pcQS^
eith« En^^ish or Gaelic with greater ease or finenc^. I am aware that at times Mr Macintyre had
several English people, and their fiunilies and servants, attending his drarch; and althcjq^his EngUsh' j;
congregation was but small, they were well-educated people, and gentleaaen of the highest xaoh. I
know that Mrs Macintyre is an Englishwoman.
Interrogated. — ^Are you aware whether or not Mr Madn^rre dischaitted his ministerial and paro-
chial duties in a fluthfiil and efficient manner, depones, So as I know he did duiiDig the time i was
tbtte^ and I was there a year and a half; and I add of my own accord, that I do not know any other
minister w:ho took so much troubU in doing 1^ and in instructing Am Depones^ he ftequently jf
visited the poor and the sick, and the schoolof wUchl had ehaq[e^ udhe took puns with Ae duldrsn in
diaeoorsing and explaining things to them. Depones, I am aware that Mr Macin^ tranalated seviral
religioni^ moral, and other works from English into Gaelio^lbrtheuseof the people^ whidh wen iirinted;
and I nmelf taught one ctf these books in the sohooL It was a rateohinn with r^^ to Bapam and
tha Lord's Supjper. Deponesi I know that Mr Macintyre is a vigorous and am^gsHo maOi and has
undergone haroships for a bug time; and I have known of Um walking upwards df thirty-four miles q
In one day on ministerial duly in very bad weather.
Intmogated.— Are you aware of aoy charge ever having been made of Mr Madntyre having
hegleeted any of his duties as minister of the Parish of Kinlochspelvie, or that he was not vigorous and
eDei!jgetic in the discharge of these duties? Depones, I am not aware, neither have I heard that
he neglected any of his duties, or that he was not vigorous and energetic in the discharge of them.
Cross-interrogated for the Objectors. — ^My fiither is dead, but my mother ia alive. My mother g
Hvea in Salen. My &ther died before I was bora I was bom at Fishnish, in the parish of Salen.
My fEither was a &nner, and I think he was an overseer before he died. I have heard that he bad the
duugeof afurmbdongingtoanddlady whoUvedatadistance It .will be about twenty-
three yean since my filler died, and I think I am about that age. My mother is a native of Sakn,
and ahe speaks the Gaelic language, and Gaelic is her native tcmgue. Gaelic is general^ spoken in tiie
district of Salen. Deponei^ I am not a teacher at Salen, but I am bdng taught at Salen by Mr I>n£[ j
Droones, I am studying navigation and Latin under Mr Duff I am studying Howie's navigation, and
in Latm I am as for as Ctesar, and have had lessons in Virgil Depones^ I oommenoed to lem navi-
gation and the Latin language under Mr Duf^ and I have b^ upwards of five years under his tuition.
I was not under his tuition during the time I taught at Kinlochspelvie, but I was so, both before and
after that period. When I with Mr Duff, I received lessons in the English language, but the
nartienlar book I do not remember, and I continued to be taught the English language tilll went to Kin-
loohspelviei but not the Latin knguage, and I began with the rudimentaof the Latin language about two
jreara agOi but I have oot been learning Latin during the whole of the last two yean. Depones^ I was
52
PllOOF FOR TflE PRESEOTTEE.
A aoveral months of tliat period in Glasgow attending the Normal School, and daring which I reoeiv«i
no instraction in Latin. Depones, I was tanght arithmetic, practical mathematics, and algebra^ by Mr
Duff I was taught arithmetic before going to Kinlochspelvie, and it is since I left Einlo<£spelTie that
I commenced practical mathematics and algebra. When I taught at Kinlochspelvie the only laogoagei
that I knew were the QaeUc and the EnglisL Depones, The branch school that I taught in the pansh
of Kinlochspelvie was at Croggan, and it was a branch of the Gkielic School, and I reoeived my aalaiy
B through Mr Madntjre.
Being interrogated — ^What was your salary? Depones, I refuse to answer that question.
Depones, I had about fifty scholars at my school at Croggan — ^not in regular attendance, but on the roll
I taught English, Gaelic, and arithmetic, in that school I resided in the immediate neighbourbood of
the school, which was about six miles from the Parish Church. The manse is in the immediate
neighbourhood of the ChurcL Depones, I do not know the extent of the parish of Kinloch-
C spelvie, but it is very extensive, and I think it ia part of the old parish of Torosay; but I am not sore.
Depones, I am sure that the parish of Kinlochspelvie is ten miles in length, but I will not say that it
is twelve. I do not know the breadth. Depones, I have been over the whole parish, and have visited
most of the houses within it. Depones, There were not very many English families residing within sttd
parish while I was there. Depones, The English families who were residing there are as follows: — the
laird of Lochbuy, the proprietor. There was also an English gentleman, the mayor ci an English city,
D whose name I do not now remember. There was also the family of the Grieve of Lochbuy. I have
also seen a Captain in the Navy there, engaged in surveying the coast, whose name I do not femember.
Depones, I do not remember any more Eoglish speaking people who were resident in the pariah of Kin-
locfaroelvie during the time that I was there. Depones, I do not remember the population of the pariah,
but wey are very many. Depones, I have not counted the parishioners of Kinlochspelvie.
Bong interrogated, what do you mean by the expression used by you in a previous aaswer that
E the populf^on of Kinlochspelvie are very many) depones, I use it as the opposite of very fbw.
Being interrogated, and requested to state with reference to the Fandi of Einlodbspelvie, what
is the number of the inhabitants which you intend to convey by the expression very maiiyi or vmj
few) depones, I cannot form an estimate of the population of Kiidoohspelvie.
Being interrogated, if the number, according to your estimate, be under five hnndredt deponeii
I think the number is under five hundred, but I am not quite sure. Depones, I do not remember aft wlu^
F period of the year the &mily of Lochbuy reside witUn the parish. Depones, I do not remember
whether they were resident there during the whole year. Depones, I saw the family of Loehbuy
regularly attending church during the time they were ttiere, while I was residing at Croggan. I went
to Croggan in the winter of 1855^6, and the feunily of Lochbuy were there at that time, and I aiti
not sure when they went away, but tiiey did not go in spring. I do not know whetlier th^ went
during the summer, and I cannot say when they returned, or whether they returned again before I left
0 Croggan. Lochbuy himself was there, but I do not remember how long he remained; his aervants
were there, but I do not remember whether they were Gaelic or EngMi speaking. Depones, I do not
remember during what period of the year the English gentleman was in tiie Fansh of Kmlochspelviei
nor do I remember how long he resided there.
Interrogated, did the English gentleman reside within the Parish of Kinlochspelvie for a month
to your knowledge] Depones, I think it was upwards of a month, but I do not know how long. I
H cannot tell how long the Captain in the Navy was residing within the Parish of Kinlochspelvie daring
the eighteen months I was tiiere. Depones, I did not conmiunicate in the Church of Kmlochspelvie,
and I am not, and have never been, a communicant, but I attended church regularly. Depones, I did
not hear the English service every Sabbath, because I had far to travel, and I understand the Gaelic
better than the EugliaL I do not remember the number of times I attended the English aenride
during the time I was at Croggan. Depones, I heard the Presentee preach English upwards of aiK
I times during the time I was at Croggan, but how many more I will not say.
Being interrogated, have you heard the Presentee preach twelve times in TgngljRh durii^^ said
period? Depones, I refuse to answer that question. Depones, it was during the TCnglinh servioeil
I saw the Lochbuy and the other English families I have referred to attending church. Depones, I do
not remember whether I have heard the Presentee preach in English when the English faniilies above
referred to were not present.
K Being interrogated, if with the exception of tho English speaking persons you have referred to, tito
congregation At Kinlochspelvie were a Gaelic speaking people i Depones^ They were, DepooeSi I do
PROOF FOR THE PRKSENTEE.
53
not reoolleet of having heard the Presentee preach in English, except when the Enj^iah qpealdog per- A
aons above referred to were present Depones, I have visited the manse dming the time I resided at
Croggan, and that very often. I do not remember having stayed a night at the manse, nay, I am
rare I did not Depones, I do not remember whether it was on a Saturday or Monday, or what days
of the week it was, that I called at the manse. I might have called in sanuner, on any day after
Bchool houni Depones, I do not know John Maocallum, at present tenant at Daimacoilean, and that
man did not occupy the manse during the time I was at Croggan. I left Croggan at Whitsonday, B
1857. I do not remember whether I visited at the manse shortly before that period, or when I
visited before leaving Croggan. Depones, I never visited the Presentee at Tobermory. Depones^ Mr
Hadnlyre gave me instructions in practical mathematics at the manse, and instructions r^guding the
children attending my school Depones^ Previous to the time that I left Crpggan, Mr Maonlyre con-
stantly resided at the manse, except during certain times when he might be absent on Presbyterial duty,
or visiting hia family at Tobermoiy . C
Interrogated* — How do you know that this was the case, when your own residence was six miles
from the manse ) Depones, I saw him very often visiting the sick, and the school at Croggan.
Depones, I do not remember how often I saw Mr Madntyre visiting the sick for six months before I
left Croggan, nor do I remember the names of the parties he was visiting. Depones, I know that Mr
Macintyre was four or five weeks at a time without ever seeing hia £uni]y, being engaged in the
diacfaaige of hia ministerial duties ; during these four or five weeks his'wife and iSun^y being leaideDt D
in Tobermoiy. — ^All which is truth, aa I ahall anawer to God.
(Signed) Dokald Bliok.
Jambs Diwab, Modr.
Jambs Divab» Cleik FX
S
At PoBT-Eixiir, and m the Sohool-Houae there. Eighth Febraaiy, 7 VekMk am.
Be-compeared the said DoKAZD Black, who being again aolemnly awom and mm STamfaad far thi
OljjeetoiB— -being interrogated, and re&rred to your last anawer, and aaked whether you refiv to out or
to aevtaral oocaaionat Deponea, I refer to aevenil occasiona. .
Intenogated.— How do you know thiat Bv aeeing him aeveral timea viaitbg the alok and F
tha aohool in that part of the pariah b which f reaided. Depones^ I did not aea nim evinr dagfi
neither do I remember the occasiona when I aaw him. Depone^ I atata that Mr Maaintgnt cUd not
see hia wifo and fiunily fora period of four or five weeka at a tmie^aa before mentionedi from Mr Maein-
tyre himaelf telling me a week before he did ao. Depon<M,Iq)eakof the period of four weeka^ from the
drcumatance that he would tell me when leaving Einlochspelvie fbr Tobermory, that he was gobig
there, and that he would sometimes tell me when he would be back. Depones, He did not teUmeveiy Q
crften how long he would be absent Deponesi I do not remember how long he would remain absent^
but aometimes he would return on the foUowing Saturday; and I do not remember whether aometimea
he would not return on tho following Saturday. Deponea, When he waa so abaent^ he would be on
Freabyterial business, and attending meetings of Presbytery.
Being interrogated if the Presentee was absent from the pariah on Presbyterial business six timea
in the course of the year, or how often? Depones, In answer to both questions, I do not remember. H
Depones, I do not mean by Presbyterial business, meetings of Presbytery alone, but also occasions
when the Ptesentee would be preaddng (I think) by order of the Presbytery in other parishes^ and also
examining schools in other parishes. Depones, The Parish of Boss, Mull, was vacant during part of
the time I was at Croggan, and also, I think, Strontian; but of this last, I am not sure. I never heard
that the Presentee had preached at Boss, but some one told me (but not the Presentee) that he had
preached at Strontian. He very seldom told me when he intended to be absent on Presbyterial business. I
He required to visit the school of Torosay, and that of Salen, once a year, and I have also to add the
lUhniah school The whole of these sdiools are very near tiie road on the way to Tobermoiy. De-
pones, I cannot say how often the Presentee was out of his parish, during the time I was at Croggan,
beodes the occasions on which he was engaged preaching at Strontian, and examining the schools.
Being interrogated. Is it consistent with your knowledge, or did the Presentee inform you that
he was in the habit of being in Tobermory during part of the week, and coming to his parish in K
the end of the week for the purpose of preaching on Sundays, and retundng to Tobermory on the Mon-
day or Tuesday following}— ^Depones, I think I aoawered that question in the negative ahm^yi when I
54
l^ROOF FOR THE PRESENTEE.
A stated that the Presentee wotdd be sometimes for four or five weeks without seeing his fiunily, wiko
were residing in Tobermory.
Being interrogated how frequently those fbujr or five weeks would occur in the course of the year,
depones, I do not remember, but they were often during the period I was there, so &r as I know.
Being interrogated if these instances occurred six or seven times, or oftener, during Hie time yoa
were at Croggan, depones, I do not remember.
B Being interrogated if they occurred more than once duringthat period, depones, I do not state any
number of time&
Being interrogated. — Do you know where the Presentee was during the rest of his time, exoepting
the four or five weeks referred to on the occasions when he was absent on Presbyterial bnaineoB or
examined schools f Depones, when the Presentee was not absent on any of the fore-mentioned businesses,
he was engaged in ministerial duties of his own parish.
C Interrogated. — Do you mean within his own parish and during all the days of the week! Depones,
I mean witlun his own parish, but I do not mean all the days in the week, as he might be in another
part of the parish without my kno^dedge on other days of the week. When he was absent in other
parts of the parish I might not see him, but I would hear of him from some of the parishioners after
he had been there.
Being interrogated. — ^Was Mr Macintyre during any portion of the time you were in Croggan^ in
D use to be absent from his parish during Tuesdays, Wednosdays, and Thursdays, or any of Hiese days.
Depones, I have answered that question already. Depones, Tobermory is upwards of tiiirty-ftmr miles
from Kinlochspehie. Depones, I have seen the Presentee walking thirty-four miles on ministerial
duty, and that was between Tobermory and Kiulochspelvie. What I mean by having seen him, is that
I accompanied him during a Considerable piece of the road on a Saturday and other days nearer the
beginning of the week, on Uie way from Tol)ermory to Kinlochspelvie. Depones, when I accompanied
S the Presentee on the way from Tobermory to Kinlpchspelvie on a Saturday, he was going to preach in
his own church on the fidlowfaig day. Depones, I may say that I have accompanied the Presentee on
the way from Tobermory to Kinlodispelvie more than once since I left Croggan, and these were when
T» was gobg from Tobehnory to Elnlochspelvie, to preach in his own ChurcL I do not remember if
this was always on a Saturday. I do not rem^ber how fi^uently I so aooompanied the PMaentee
on his way from Tobermory to Kinlochspelvie. Depones, the Presentee g^erally wa&ed from
F Tobermoiy to Kinlochspelvie or rode on horseback. Depones, sometimes I aooompanied the Plresentee
baek from Kinlochspelvie to Tobermory. I would M in with him when he was panfaig Salan,
goinff towards Tobenimy; bat I do not remember which days erf the week, altiiooffh they weva bi
^ oeginning of the wosk after he had preached in his own church. Depones, I do not ranambar
the p^od of the year when I accompanied the F^esenteci but now on reoolleotion I say it was this
last winter.
0 Being interrogated.— What month of this last winter it wasf Depones, I do not stata aqr
tima riepones, I do not remember whether I so accompanied tiie Presentee, as above stetadf
during the month of Januaiy last. Depones, I decline to state at what particular time or timea I
accompanied tiie Presentee from Tobermory towards Kinlochspelvie, because I do not lememberi
DeponeS) When I delivered the following answer-in-chief, " I have known of him walking thittjr«
foat miles in one day, on ministerial duty, in very bad weather,'* I refer to an instance of his walking
H from Tobermory to Kinlochspelvie last winter. Depones, there was a previous instance during aone
other winter, when he walked or rode from Tobermory to Kinlochspelvie. This was the time I wm
at Oroggan. I did not see him on this latter occasion, but I know that he was not at home on fte
previous Friday. Mr Madntyre is no relation of minC) so frur as I know. I attend the EataUisbed
tSiurch at Salen, and I did eo in Glasgow. I have Sat under three ministers r^;ulariy dnring ttjr
lifetime, excepting the time I was in Glasgow. During the time I was at Kinlodhapehie, pn^^
\ t meetings were held by the Presentee, both in the Chu^ on Sundays, and in my 8<^ocd-hoaae di
\ ' week days. I do not remember which days of the week, nor at what seasons of tiie year.
^ Be-examined for the Presentee. — ^Depones, The reason why Mrs Macintyre and the fronily rafcb
at Tobermory is, as I have been told, that she lost a boy at Kinlochspelvie after three montha' iDnesi^
and Mrs Macintyre fell into bad health herself, and the manse being very uncomfortable and unheatthyi
it was necessary for her to go to a more comfortable place with the children. I recollect myself of cot
K of the daughters being also in bad health for a long time when I was iu Croggan. And another reason il^
that there was no school near hand, where the children could be educated. I think that the parish ef
Ahuracle was vacant during part of the time 1 was at Croggan, but I am not sure^ but that waMiH.
PBOOF FOA THB PBS8BNTSJL
05
pMlak whidi I meant when I qwke aboat Strontian. I am not aore what the dlataaoa ia between Ji
ninlofthapdiie and Strontian, bat I think it may be about thirty<eight milea. In mentioidng the
occaiiona on which Ur Madntyie may have been engaged in preabytenal boaineaa, I have not taken
into aooount occaaiona when he might be aaaiating at Sammenta, preaching for co-preabytera who
xnight be akk, or his attendance at ^ Qeneral Aasembly. At Lodibuy honae there were, during my
time, the members of the former and the present funiliea of Lochbuy. There were yeiy often viaitora
at Lochbny'a house, who attended chorcL I have not aeen Lord St John there, bat I heard that he B*
waa there and that he attended the diardt I do not remember of the ex-govemor of Java and bis
daughter having resided there, and having attended the charch. Besides the namea of the JingUsk
•pei&ing^ people I gave previously, I iremember a peraon of the name of Oliver, who to a a}iq>herd.
Be-interrogated for the Objeotor8.-^Depones, I do not know when Mr Macintyre'a fiunQy left the
znanse and went to Tobermoiy. It was before I went to OrM|gan the fiimily had not reaided regularly
at Tobermory. The manse waa not ahut up daring the time i waa at Croggan, but Mr Madntg^ro was G
there himself except when he was absent on the fore-mentioned businesses; and a aervant |^ waa there.
Daring the time I was at Groggan the manse waa not occupied by any one except the Presentee.
Depones, I waa never at Einlochspelvie since I left it at Whitsunday, eighteen hundred and fifty-aeven;
and I do not remember of the Presentee telling me that the manae lud been occupied by any other
person than himself The manse might be occupied all the time since I left, fi» anything I know. I
have heard that another person was residing in it for a time, but whether or not it waa let to that U-
person I cannot telL I have heard that that person's name waa Maccallum.
Be-interrogated. — ^I heard that Maccallum had the use of one room.
Be4ntenK^ted for the Objectora — I think the name of the peraon that I re&r to ia John Maocallum,
and I have heard that be was to get the £Eunn of Puirenancailean.— AH which ia truth, aa I ahall
answer to Qod,
(Signed) DoKiLp Blacol
James Dxwab, Mpdr.
Jambs Djcwab, Clerk P.T.
At FoBT-Eunr, Pirat Maich, 18fi9.
F
CSompeared John Maodovaid, Officer of Inland Bevenue, Port-EUen, who, being aolemnly awom
and examined aa a witness for the Presentee — ^The agent for the Objectors protests for reraobatora—
depones : — I have been in the Ishind of Islay for about eleven monthai I bdoqg to the jEatabliahed
Church of Scotland, and I have been a conmiunicant in that Church for upwaida of twenty years.
Pepones, I have been educated at St Andrews, first at the Madiaa Inatitotion, and I afterwards
studied for four years at the Univeraity of St Andrewa. I do not know ihe Gaelic language. Q.
es, I heard the Preaentee deliver two of his diacoursoB, in English, in KiMaltoi Chnrph. I am
dull of hearing. I had no difficulty whatever in dearhr following and undenrtanding the Pke-
aentee on these oocasions, Depones^ I waa aatisfied with the Presentee's manner of sonneting the
Gboieh aervicea, and I conaidered that the prayera were o&red up with eameatnesa and aolemmty.
Inierzogated. — ^Did you observe any want of connexion between the aulfjeota and the texti^ or
any want of connexion between th^ diflerent parte of the diaoouraaa tbemaelves t Depones, I did ^:
nol^ and I considered at the time that th^ were well connected, and I received from the diaooBraes
tha nsnal amount of edification and inatruetion that I receive ttom, the diaconrsea of flthac miptateni j
and I conaidered them tiie beat that I have heard delivered ainoe I came to Iday.
Intenogated.*— Did you obaerve any want of eameataeaa or fbrvooTj on the part of the fteeentee.
in 4py of the aervicea 9 Depones^ No, I saw nothing irreverent or nnbeooming in hia manner. He
hia a good voice, and it ia dear and diatinct ; ao much ao^ that if I did not know that he waa a High- 1;
lander, I would not have supposed it fin»m hia manner of speaking. Deponea, None of the Offioera
of Exdae with whom I am acquainted speak the Gaelic language.
Being ahown the objections and interrogated. — How many names of parties, whom yon know to
apeak or understand the Engliah language, and not Gaelic, do you aee adhibited to the objeetiona ?
Depones, I only see six, via., William Hunter, distUlnr, Laphroig; Dr Johnstone; Alexander Gordon,
Exdae Officer, Lagavulin; Mary Gordon and Agnes Gordon, lus wife and danghter, and Peter Mao- K ;
kenaie, gamekeeper. Depones, I am not acquainted vrath Mr HunWa wifo and dasf^Uer, and I do
not kaow whether they can apeak Qa#) or not
66
fBOOP FOR THE MtESEHTEB,
A Interrogated, and requested to state the number of officers of Inland Bevenue who vers reddant
within the parish of Kildaltoni immediately previous to the oblections to the Fres^tee being lodged t
Depones, i^teen^ and these were all unacquainted with the Gaelic language.
Being i^own the objections, and asked to state how many names of officers of Inland Beyenne yoa
see there, depones, One^ Mr Qordon, who is one of the officers at Mr Walter Qraham's distill^ at
Lagavulin.
B Being shown the objections, and interrogated where does the minority of the Objectors reside t
— Depones, at Lagavulin. I know the Distillery of Ardb^. There are a great many people employed
about that distillery.
And being interrogated if you see the names of any parties residing there at the objections, depones^
I do not
Being shown the olijections, and desired to state how many names of parties you see there who
0 are residing at Port-Ellen, depones, 11. Depones, I consider the Presentee qualified to be my ministers
and that he preaches the English language with ease and fluency.
Gross-interrogated fbr the Objectors, and shown the Call, depones, I recognise the first name to
the left hand and the fourth in succession as my signature, as " John Macdonald, Inlfind Bevenue
officer;" and upon the last page of the same document I again recognise my signature as a witness,
written as follows: — "John Macdonald, officer of Inland Bevenue, witness to these names entered by
D the mandatory, Donald Madn^nre, LagavUin, 4th Sept, 1858.** These words signify that^J was present
at Lagavulin on fourth September, and saw Donald Madntyre write upon the OaII the 67 names which
precede my signature as .witness.
Being shown the documents called Mandates, numbered 3, 4, 5, 6, depones, I observe that the
docquets appended to each of these documents, stating that they were left with VLr Levack, are in my
handwriting, and that the name, "John Macdonald, witness,** subjoined to the docquets, Is also in my
E handwriting. These words sigidfy that I was present at LagavuUn when the documents were delivered
to Mr Levack.
Being shown the document No. 7, called a Mandate, depones, that the following words, viz.
''Those marked out have smce signed personally,** are in my handwritbig, and Donald Macintyre attached
his name to these words.
Being shown the document purporting to be a Mandate in favour of Archibald Macarthur, Port-
F Ellen, and marked as Na 2, depones, I recognise my signature appended to said document in three
different places, with the word ^witness" attached thereto. The first signature signifies that I saw
Duncan Sinclair, Lotts, subscribe said document My first signature is meant to attest that I saw the
subscription adhibited. Depones, the said Duncan Sinclair so subscribed the said document in my presence,
in the house of Mr Duncan MacCuaig, Port-EUen, which is called the Steamboat Tavern, and is a public-
house. Depones, the said Duncan Sinclair did not subscribe by a mark, but by a full subsoiption wrote the
Q words, Duncan Sinclair," and he did so in my presence. Depones, I saw him write the words Duncan
Sinclair,** and at the same time he asked me to become a witness to his subscription, and I according^,
immediately after he had rigned, attached my own name as witness in attestation of his subscription.
Depones, On this occasion Mr Duncan MacCuaig was present, and two country people, whose
names I did not know* This was done upon a table in die front room, or shop of Uie Steamboat
Tavern. I cannot spedfy the date when this took place, nor can I say that it was upon the 25th day
H of August last, as the mandate bears, for I do not remember; but it was within the time allowed by
the PMbytery, and I recollect that it was about 5 o'clock in the afternoon of one of the days the
steamer left for Glasgow; and I recollect that Mr Dempster, the agent for the Objectors, left Port-
Ellen for Glasgow with the steamer on the same afternoon. Depones, I had not seen Duncan Sinclair,
Lotts, in the village in the previous part of that day, I recollect that he was standing at the door of the
Steamboat Tavern, conversing with Mr Duncan MacCuaig, when I came forward accidentally, and was
I introduced to him by Mr MacCuaig. I did not know Duncan Sinclair before that tima It was at the
door of the tavern that he expressed a wish to sign the Call; upon which the three of us went inside and
found the mandate lying upon the table; the two countrymen I have referred to, were in that apart-
ment I do not know whether the countrymen had drink, but none of us three had any. De-
pones, My second signature to said document attests the signature of Agues Macdonald, my wife, who
is ready to come forward, if required. My third signature, as a witneas to said document, attests the
K subscription, by mark, of Archibald Campbell Archibald Campbell is a stranger to me, but Mr
Duncan MacCuaig knows him. I do not know where he lives. I do not know what he doe&
Being interrogated. — If Ai^chibald Campbell had the appearange of being an old man or a yoni^
PROOF FOB THE PBSSENTEE.
57
man? Depones, He liad not the appearance of being aa old IIlaI^ b^^ Depones, A
The said Archibald Campbell appended his marie, in my presence^ to said doeoment withhi the Steam-
boat Tayem. Depones, On forUier recollection, I remember that Archibald Campbell was a young man,
and, at the time, in the employment of Mr Bamsay; bnt I camiot say where he is now. Depones, The
name ^'Archibald CampbdU,** which follows the mail:^ is in my band-writii^ also the words, ''his
mark;" but the cross was made by himsell Depones^ No one was present but Campbell and myself
when this took place, so fetr as I remember, except the persons belonging to the honsa I recollect of B
meeting Campbell in the street, as he was coming from the pier wit£ a home and cart, and he asked
me where the Call was, as he widied to sign it, and I took him to the Steamboat Tavern, where it was.
When I speak of the Call I do not mean the Call itself, bat the mandate. I had no copy of the CalL
I forget whether I read over to Campbell any doeoment Mr MaoCoaig had a copy of the CaU, but I
had none; and it may have be^ read over to Campbell, but I do not recollect I add, of my own
accord, that several people came to me comphianing that they had called at Mr Levackfs, forthe purpose C
of mgning the Call, but could not find him, as he was always at Mr Qraham's in the evening, acting as
tutor; and these parties, whose names I might now specify, are as follows, vis.:-^Mr Armstrong, who
is an English shepherd to Mr Bamsay. I mUl not mention any more names in the meantime, but will
reserve we rest, so as that they may have an opportunity of coming forward themselves.
Being interrogated. — Have you ever heard, read, or seen, the copy of the CaU which you have
stated Mr MacCuaig had) Depones, I decline to answer that question. I add, of my awn accord, D
that I heard the Call read over in the church on the day the Call was moderated in. Being referred
to your previous answer, that MacCuaig had a copy of the Call, you are requested to state whether
you ever saw that copy or heard it read. Depones, I have already ^ven my answer.
Being interrogated, and requested to state on what grounds you dep<nied that Duncan MacCuaig
had a copy of the OeJI) depones, I have no right to state my grounds here, and I decline giving an answer
to that question. Depones, I will not swear whether tiie heading of the paper to which Archibald E
Campbell's name is appended was written out at the time Campbell signed, as it is so long since. De-
pones, I cannot tell whether the sheet of paper which I put before Campbell for his mark was attached
to any other sheet of paper. I observe that the document^ Na 2, consists of five sheets of paper pasted
together, and that Campbell's mark is on the last; and I do not recollect whether it was pasted to
another sheet when Campbell's name was appended by mark. It might have been folded up at the
time. Campbell can read writing, and I know this to be the heA, for I have seen him reading fix>m F
the notice book when he was stillman to Mr Bamsay. The notice book is partly in manuscript
Being interrogated, and again referred to the name Duncan Sinclair, Lotts, a{^Mnded to the said
document, and to which your name is subscribed as the attesting witness^ you are requested to explain
the cross or mark that appears between the word ''Duncan" and the word ''Sindair,*' and also to state
whose mark that is) Depones, I cannot say whose mark that is, it is so long since.
Being interrogated if the said mark is Duncan Sindair^smarkf Depones^ How can I tellt it is G
8o long since; and I add that I did not expect to be caUed as a witness hera D^nee, I forget
whether said mark was made in my presence, it is so long since.
Being interrogated. — Can Duncan Sinclair write) Depones, I recollect of his asking me to be a
witness to his signature, and my name is there as a witness. Depones, I only think I saw Duncan
Sinclair write the words "Duncan Sinclair;" it is so long since, that I do not recollect
Being again interrogated, and referred to the said document, and asked who wrote the said name H
^Duncan Sinclair, Lotts?" Depones, it is so long since, and being unacquainted with Sinclair's signature,
never having seen him sign before or after, I do not recollect
Being interrogated to reconcile your last answer with the answer you gave in a previous part of
your deposition, to the following effbct : — ''The said Duncan Sinclair did not subscribe by a mark, but
hy a full subscription wrote the words 'Duncan Sinclair;' he did so in my presence. I saw him write *
the words 'Duncan Sinclair?'" Depones, I reconcile the time by seeing my name as a witness opposite I
Duncan Sinclair's name, but it is so long since, that I do not recollect, not being accustomed to his
signature. I cannot exactly say whether it was his signature or his mark, but it is either the one or
the other. — ^All which iff truth, as I shall answer to Qod.
(Signed) John Magdokaux
Jakbs Dewab, Modr.
Jaicbs Dswab, Clerk P.T. K
58
PBOOF FOB THB FBESENTEE.
A At FoB3yELLBBr, Fint March, 1859, and at 7 o'clock F.ii.
Re-compeared, the foranid John Magdokald, who being again solemnly sworn and cross-
examined for the Objectors, depones, I was present at the meeting of Presbytery held at Bridgend on
the 8th September last. Depones, The occasion on which I saw Mr Dempster, the Objectors* agents
leave Fort-Ellen for Qlasgow, by the steamer, was either before or after the 8th September, bat I
B cannot specify the date. The first time I saw ihe Objectors' agent was, I think, on the 8th September
last, when travelling towards Bridgend. Depones, I do not recollect whether it was before or after
that occasion I saw Mr Dempster leaving Fort-Ellen for Qlasgow. Depones, I do not recollect whether
any names were adhibited to said mandate after the meeting of Presbytery held at Bridgend on 8lh
September, but I should think not.
Being interrogated, and requested to reoondle your previous statement, that Duncan Sinclair
C signed the mandate ''about five o'clock in the afternoon of one of the days the steamer left for
Glasgow, and I recollect that Mr Dempster, the agent for the Objectors, left Fort-Ellen for Glasgow
with the steamer on the same afternoon," with your other statement, that the first time I saw the
Objectors' agent was, I think, on 8th September last, when travelling towards Bridgend;" and your
further statement that you diould think that no names were adhibited to the mandate after that data*
Depones, I kept no notes of dates at all, not expecting to have been called here. Depones, I belong to
D St Andrews in Fife. Depones, Since I entered the public service I have not always been an officer of
Inland Revenue.
Being interrogated. — ^What were you before being an officer of Inland Kevenuef Depones^ yoa
have nothing to do with that
Being interrogated. — Were you formerly connected with the Customs, and why are you not con-
nected with them now) Depones, I left for a better situation.
£ Being interrogated, with reference to your answer that you have been a communicant in the
Church of Scotland for upwards of twenty years, you are requested to state when you last communicated.
Depones, it might be two years ago. On recollection, I now state that I was for eigihteen months in
Coldstream, before coming to Islay.
Being interrogated. — ^When did yon communicate before leaving Coldstream for Islay. Depones,
I cannot tell the date, but I am wiUing to produce, if necessaiy, certificates firom different clergymen
F under whom I sat Depones, I came to Islay about the end of March last Depones, I never heard
the late Rev. Mr Mactaviah preach. Depones, I do not recollect of having been in the Church of
Kildalton from the time the late Rev. Mr Mactaviah died, till I heard the Presentee preach. I might
or I might not. Depones, as fiur as I recollect, the Presentee preached on the 1st and 8th of August
Depones, the first time I saw the Presentee was on the street of Port-Ellen, passing my house, when
he was pointed out to me as the Presentee. Depones, I think I was first introduced to the Presaitee
G on the day the Call was moderated in, but I am not sure, and I am not sure whether it was at the
church or at Port-EUen.
Interrogated. — ^Where did the Presentee put up f and have yon met with him where he did put
up ? and have you been in conversation with him regarding the present case ) Depones, He put op
in the hotel at Port-Ellen, belonging to Mr Duncan iLcCuaig. I met with him the day after the CUl
was moderated in with all the membeis of this Fresbyteiy, which was the first time I met him, in the
H hotel; and I have been talking to him, and to a great many other people, r^rding the casa
Depones, That was not the first conversation, but it was one of the conversations I had with hin.
Depones, I have had several conversations with the Presentee, and one of the conversations was vitt
re^u^l to one of the elders, who had been going about inquiring at parties if they were commmd'
cants, as he did not appear to know himself ; likewise about one of the elders wishing some of the
Callers to withdraw their names from the Call; and I was also conversing with the Presentee as to the
I postmaster, Mackerrol, having sent a party through the parish for the purpose of getting the people W
withdraw their names from the Call ; and the last conversation was relative to Mr Walter Qrahaa
and Mr Dempster having gone seven miles into the country, to the undo of Mr Macintyro, a preriMt
witness for the Presentee, about his having signed the Call. — ^All which is truth, as I shall answtf
to God.
(Signed) John Macdonald.
K James Dewab, Modr.
James Dewab, Clerk P.T,
FRO0F TOR THE PRESENTEE.
59
At PoBT-ELLBHy Second Harchy Eighteen Hundred and Fifty-nine. A
BeKxmipeared the foresaid Jomr MAODOiriLU>, who, being again solemnly sworn and cross-eza-
nined for ^e Objectors, depones : — ^Being interrogated — have not been in eonyersation with the
Fireaentee relative to this case since I became a witness. Depones^ I neither wrote to the Presentee,
nor received letters from him, relative to this case^ since I became a witness.
Beinff interrogated. — ^Have jon had any written correspondence with the Presentee, relative to B
this case, before you became a witness? Depones, I sent a letter to the Plresentee, throc^ the Port-
£llen Post-office, and I received a letter from him, stating that my letter had been opened. That
letter which I posted I wafered it, and also sealed it Depones, That was the only written correspon-
dence I had with the Presentee that I recollect of at the present time.
Interrogated. — ^Were you present at several meetings of Presbytery when several of the witnesses
for the Ol^ectors were examined; and did yon suggest interrogatories to be put to any of the witnesses? C
Depones, I was present in Court when witnesses the Objectors were eramined. I was dted as a
witness for the Objectors, and to appear, as I think, at the first diet and successive day& I had onty
one citation. I suggested a question to be put to Macdougall, Portantruthan, in consequence of having
read a statement in the newspapers of Mr Walter Qraham having deponed that he read the ol:gection8
to several parties outside of the church, and among others to Ms^ougall, Portantruthan. I was present
when Macdougall was under examination, when, to the best of my recollection, he deponed tiiat he D v
never saw the objections, nor heard them read over to Mm, before he signed them. I wen suggested
to the agent for tiie Presentee as a question. Did Mr Qraham read them over to him? which question, I
think, was not put Depones, I attended the first diet I heard an intimation made in the Cauit, that
all the witnesses were to retire. I did not retire, as I learned the citation was served upon me for the
purpose of keeping me out of the Court, and that I was not intended to be brought forward as a witness
for the Objectors. I told Mr Dempster that I could not attend from day to da^, as I had other duties E
to perform. This took place, I think, on 25th November. He asked who I was, and I told him. This
took place in Kildalton ChurcL Mr Dempster told me that I was not requhred, and therefore I
remained where I was. I was present during part of Mr Walter Graham's examination, and I think I
was present each time he was examined partially. I was present in Court when Donald Macpherson,
residing at Tobermory, was examined; but I did not hear his evidence, from my defective hearing and
from bjs speaking so low. I heard Mr Colin Hay examined, but not the entire examination; but for F
the above reasons I could not hear his examination. I was present when Miss Graham was examined,
but did not hear her evidence for the above reasons. I heard part of James Mackendi's evidence. I
heard part of the examination of John Maclean, from Tobermoiy. I forget whether I heard his deposi-
tion from the commencement; and I waited at Lagavulin to the end of tiie proceedings that night I
spoke to the witness Maclean, but not relative to this case^ at the church door. There were several
people standing at the church door, andageneral convetsation was gomg on, and several of the indivi- G
duals there were Objectors, and also Donald Macintyre, before refened to.
At this stage of the proceedings, Mr Dewar of Oa (the Moderator)^ Mr MaAeniie of Jnra and
Colonsay, and 'VVlUiam Webster, £Sq., elder, entered the Court The Moderator took the chair.
Depones, The witness Maclean was standing at the door. Several of the Otjectocs wne speak-
ing to hun, and he was giving Mr Macintyre a hig^ character. Eraser, the baker, is the objector I
refor to, and he was passing by carrying a bread-basket I told the Presentee's agent that the witness H
Maclean had spoken highly of Mr Macintyre. I did not hear Mr James Stuart examined^ but I heard
Dngald Macdougall partly examined. I also heard part of the examination of Mr Peter MacdongalL
I was present in Court, for about five minutes^ when Mrs Keith or Macdonald was under examination.
I do not think, indeed I am almost sure, I was not present when Mr Duncan Macdougall was examined*
I do not recollect of having been present when Archibald Campbell was examined. I now recollect
that I did not hear any part of his examination. I did not hear Donald Jamieson examined. I read t
xeports of the proof in the public prints. Depones, I have occasionally attended the Free Church at
Tort-Ellen, since I came to Islay, because there was not regular service in the Parish Church. Depones,
I heard both Psalms and texts given out by the Presentee on first and eighth August, quite distinctiy.
Depones, His text on the first August, so for as I can recollect, was from the 141st Psalm, 7 and 8 v.
I will not enter upon the subject of the discourse, in case I should go wrong, having taken no notes
at the time, and as it is so long since. K
Being interrogated. — ^Do yon know what he was preaching about on that day? Depones, I will
not enter upon the subject. Depones, I think I could chaige my memory with some of the heads of
60
PJEtOOF FOB THE PRESBNTEE,
A the discourse, bnt I will not do so in case I should go wiong. Depones, I do not recollect any of th»
Psalms that were given ont on the first Aognst Depones, with regard to the eighth August, I will
not enter upon any point of doctrine that the Flresentee eiqwnnded or preached abont^ bnt I recollect that
his text was taken from Acts zzL 16
Being interrogated. — ^Do yon reodlect the words of that text t Depones, I will not repeat them
in case I ehould go wrong.
B Being shown the New Testament^ and requested to read the last-mentioned text therefrom, de-
pones, I have read the whole of the verse above dted, but it is such a long time since, I cannot tell
whether the text of the 8th Aognst was part or the whole of the verse. If I had taken notes I woold
have no difficulty; but having taken no notes, I have a difficulty in remembering. At the time I
heard him I was highly satisfied, and npon my arrival home, his text was read over in my own houae^
and the subject of his discourse canveraed upon.
C Being interrogated. — ^What was the subject of that discourse? Depones, I decline to answer so
many repetition& With reference to your answer-in-chief, that '^you receiv^ from the Presentee's
discourses the usual amount of edification and instruction that you receive from the discourses of
other ministers,'* you are requested to state the edification and instruction that you refer to? Depones^
I was highly edified, and satisfied, and received more instruction from his discourses than from any
other panah minister I have heard in Islay.
D Being interrogated. — ^What instmction and edification do you refer to? Depones, my mind was
instructed, and his discourses reached my heart
Being interrogated. — ^What useful lesson did your mind receive firom the Presentee's disconrsesf
and what was the nature of that lesson f Depones, I will not enter upon that at all, it is so long since.
Depones, I do not recollect where I was on the 10th Feb. last, nor can I tell where I was on the nig^
of that day.
E Being interrogated. — ^Have yon been reported to the Board of Inland Revenue by your superior
officer for any fiiulty conduct, and if so, what was the fitult reported concerning you ?
Objected. — ^The question is incompetent, and, like a great many of the previous questions to thia
and other witnesses adduced for the Presentee, is put for the purpose of annoyance, and the gratifica-
tion of personal malice on the part of the Objectors, as well as for the purpose of delaying and
obstructing the progress of the Pkesentee's proof The procurator for the Presentee has repeated^
F remonstrated against the great waste of time which has occurred by the unnecessary and irrelevant line
of cross-examination whidi has been adopted by the Objectors, and he now states judicially that
whatever the object may be which the Objectors may have in view in thus protracting the case, that
his client will not be responsible for the delay; and that whether the case will be ready or not to be
taken up at the first meeting of the General Assembly, he will not dose his proof until he has com-
pleted it satisfactorily; and that if the Court permits the time to be spent in inquiries with regard to
G matters which are not connected with the case^ they must take the consequences upon themselvee;
The particular question now objected to is incompetent, because it is inadmissible in evidence to ask
the witness what another party may have said against him. If there was, in point of fact, any suck
report in writing, it is incompetent to take any parole evidence with regard to it ; and this principla
has been held by the Court with regard to similar questions objected to by the Objectors.
Answered for the Objectora — 1st, That the allegation of motives against the Objectors is as
H absurd as it is untrue. 2d, The question is competent to enable the Court to estimate the value of the
witness's testimony, and it is more especially so, having regard to the terms of the Benefices Act»
which enjoins the I^bytery to have regard to the whole circumstances and condition of the pariah,
and the spiritual welfare and edification of the people. 3d, The long objection stated for the Presentee
regarding delay is a practical refutation of itself. 4th, The question refers to a fact afiiscting the
witness himself, and he is only called upon to speak to his own biowledge of it ; and similar questiooe
I were allowed in the course of the Objectors' proof, and especially in the case of Donald Macpheraoo,
who was asked whether he had been visited with diurch censure, and for what fault?
Parties being removed, the Presbytery, after reasoning, sustain the objection and disallow the
question, against which deliverance the agent for the Objectors protested and appealed tU supra, for the
following, among other reasons, to be urged at the discussion hereof: — 1st, That the Court cdiould have
the means of ascertaining the character of the witness, and of thus forming an estimate of the value of
K his evidence. 2d, Such forms a material element in the decision of the cases of this sort, under the
Benefices Act. 3d, That the question is fairly and competently put.
Being interrogated. — With reference to your answer, that Mr Gordon, the officer of Inland
?KQOF VOB THE PSEaEOTSE.
75
-witoeaBy wlioae mdmot the Obj9ctoi8 aie probably uudons to exclude firom Tiew, and aa the Piesbtery A
may be called upon to a4judicate upon aucli olrjectiona^ it is necessary that the drcnmstances connected
vitii the presence in Court of witnesses on both sides should be ascertained.
And the question being again put to the witness, depones, I saw Mr Stuart taking down the
evideooe before he was examined hiinself Depones, I did not remain in the Court for any improper
porpoee^ nor at the desire of the Presentee or his agent Depones, after I was precognosced by tiie
agent for the Ptresentee^ and told that it was intended tibat I was to be examined as a witness^ I was not B
within the Court, except upon the occasion already referred ta Depones, I had no ill int^tion in attend-
ing these diets of Court; but wished to hear the proceedings r^ardiog the settlement of the Presentee,
for which I am still anxioua
Being interrogated, and refened to your statement that you saw in Court partieB who were after-
waitis examined as witnesses for the Objectors without any objection or remark, did you consider there
was any hann, more particularly as you were not then aware that you were to beciome a witness, in C
TffffiftjTiing in Court! Depones, Na
Interrogated, and re&rred to your statement that " you had some trifling communication with the
Pkoaentee's agent in suggesting questions," you are requested to state whether or not these communi-
cations were caused by your having observed a similar course of procedure on the part of individuals
who had been examined as witnesses for the Objectors?
Whereupon it was objected by the Objectors: — 1st, That the question is incompetent, 1st, Because D
it is put in a leading form.
2d, Becaoae it assumes a fact which has not been proved, and for the inquiry as to which no
foondation has been laid.
3d, Becaoae, if it refers to, or implies the supposition that any question waa suggested by any
wiknesa for the Objectors before such witness was examined, it is untrue, and an afBrmative answer
would involve the witness in a mis-statement E
4th, Althou|^ the fact assumed had actually taken place, if the practice were erroneous, it could
Ibrm no valid excuse for the witness taking a part in the proceedings, which stamped him raUier as a
parti lan than an impartial witness.
Answered. — ^The statements made in the objections are denied in point of foct, and the ouestion
is necessary and competent, because the drift of the Oljectors* initial examination is to show that thb
witness is a partizan, whereas, if the term partizan is applicable to any parties connected with the F
case, it is especially applicable to the Objectors, who, with the exception of three individuals, constitute
the body of the witnesses adduced against the Presentee. The procurator for the Presentee is not
awaure that there is any legal distinction between the acts or deeds of parties who are Objectors and
those who are Callers. On the contrary, such matters in both cases may be the sul^ect of the fuUest
discussion and investigation.
Parties being removed, the Presbytery, after reasoning, sustained the objection, and refused to allow G
tiie question to be put
Depones, I saw some slips of paper written in pendl in Court, and handed to the Objectors' agent,
1^ parties who were Objectors. Depones, I had no impure motives in any communications I had with
the Presentee's agent, my object being to have the truth elicited. Depones, it waa a matter of accident
when I sat in Court Depones, I understand that the agent for the Objectors resides with Mr Walter
Qialiam, and that he came to, and retired from the Court in Mr Graham's carriage. Depones, in going H
to Kildalton at the same time that the Presentee and his agent did, on some of the occasions on which
proof was led there, I merely availed myself of a vacant seat in the dog-cart which conveyed them; but
X charged the hire thereof in the usual way. Depones, with the exception of the occasions which my
weliiele went to Kildalton Church as aforesaid, I have not accompanied the Presentee or hie agent to or
tmn the Court, unless to the meeting at Bridgend on 8th September last, to which meeting I was
ammoned. I
Being interrogated, were the Objectors whom you state you saw in Court previous to their giving
•iid«nee in this case, sitting in such a position as that they could have been perfectly well seen by the
Olgectors' agent or his clients? To which question it was objected by the agent for ihe Objectors, that
tiie question is incompetent, 1st, Because it assumes that the witness has sti^ed as matter of foct that
Jke saw Olijecton in Court previous to their giving evidence, which is a mis-statement
Sd, Because the Objectors are not in question at present, but only the witnesses for the Presentee. K
3d, Because the Objectors, who have a status under the statute as parties, do not occupy the same
jpoaition as this witness, who is not an.objector, and therefore not a party.
4th, Because the question is put in a leading form.
62
PKCM)F FOR THE PRESENTEE.
A • Being interrogated. — ^What is the name of the elder? Depones, I decline to give his name, a»
tihe party whom I refer to may be adduced as a witness for the Presentee, and he may give his own name.
Bdng interrogated to give the name of another person? Depones, You (Mr Dempster) would
like to know who the parties are, but I am not disposed to tell who they are.
Being interrogated, and requested to state if^ within your own knowl^e, any of the Objectors have
intimidated any of the Callers, and induced them to withdraw their names from the Call? Depones,
B I have not seen any intimidation, but have heard that Mr Mackerrol, postmaster, sent the letter carrier
to get some of the Callers to withdraw their names.
Being interrogated, and requested to state the person's name who told you that? Depones, I
decline to answer that question.
Being interrogated, and requested to give the name of any other person who used intimidation t
Depones, I heard that Macdougall, Fortantmthan, a witness for the Objectors, wished a girl of the
C name of Macintyre, a servant, to withdraw her name from the Call, and sign another paper against the
Presentee; her imcle told me so, but not herself The uncle s name is Macintyre. I do not know his.
CSiristian name, but he is my next door neighbour. I do not know where the girl serves, but the uncle,^
who gave me the information, will come forward and satisfy you.
Being interrogated, who were the parties whom Mackerrol sent his man to? Depones, I cannot
specify their names, but I will bring a party who will do so; and, perhaps, Mr MacCuaig will be able tc^
D g^ve some information. Depones, another party came to me this week, who told me that he was senfc
fvr to Mr Hunter's office, at the distillery, by Mr Mackenzie, gamekeeper, and Macdougall of"
Fortantmthan, wishing him to Tnthdraw his name, and he wished to give evidence in this case as
regards that
Being interrogated. — ^What is that person's name ? Depones, I got his name at the time, but I
forget it ; but perhaps the agent for the Presentee will remember it
JB Being intcm)gated, and referred to your previous answer, that ''it Is matter of notoriety that
parties have been going through the parish intimidating the Callers, and trying to get them to with-
draw their names from the Call;" you are requested to specify the parties referred to in that state-
ment, and the kind of intimidation used. Depones, I r^er to Allan Macdougall, one of the elders,
who went to a party and told him that if he did not withdraw his name, he would be summoned
before the Presbytery, and would be brought into expenses. The individual I refer to went to Mr
F MacCuaig to ask his advice in the matter.
Interrogated. — What is that individual's name? Depones, Mr MacCuaig will be able to give it
Being interrogated. — ^Who told you this? Depones, I dedine to answer that question. Depones,
I will give no frirther instances, as I cannot wait, having my duties to attend. Depones, Mr Mac-
dougall is neither a Caller nor. an Objector ; but he has taken an active part against the Pr^ntee. I
have not seen him do so, but I have heard 1dm speaking against the Presentee to several people. — Ail
O which is truth, as I shall answer to Qod.
(Signed) John Macdonau).
James Dbwab, Modr.
Jajces Dewar, Clerk P.T.
H At Pobt-Ellen, Third March, Eighteen Hundred and Fiffy-nine.
Compeared John Fsabeb, Steamboat Porter in Port-Ellen, who, being solemnly sworn and ex
mined as a witness for the Treaentee, depones : — attend the steamer Islay on her arrival and depf
tore from and to Qlaagow. I have been about twenty-four or twenty-five years in the parish
Kildalton, and I have been in the habit of attending r^;ularly the Parish Church of E^dalt
I' Depones, I hold a certificate fix>m Archibald Campbell, elder, of being a regular attendant, am
being sober, honest, and industrious, and which I am ready to produce if required.
At this stage of the proceedings Mr Dewar, of Oa, the Moderator, and Mr Mackenzie enir
when the Moderator took the chair.
Depones, I heard the Presentee preach his trial discourses at Kildalton on the 1st and B
August, and I heard him botli in English and Gaelic on Sabbath the 1st I heard him in Oaelic
JK on Sabbath the 8th. I followed and distinctly understood the Presentee on these occasions,
edified and instructed by the discourses, and I was satisfied with his manner of conducting the C
iKrvices.
PROOF FOB THE PRESENTEE.
63
Being interrogated^ if the prayers were offared up with earnestness and solemnity f Depones^ A
rhey were.
Interrogated. — ^If the Presentee's manner in the pnlpit was equally becoming and reverent with
;he manner and deportment of other ministers t Depones, Yes.
Interrogated. — Did you observe any want of fervour or earnestness on the part of the F^resenteef
Depones, I do not ezactiy understand the question, and would like it explained in some other way.
\.nd the question being again put, depones, I did not. B
Interrogated. — ^If the Presentee's discourses were sufficiently plain and dear, so as to be easily
Lnderstood by you ? Depones, Yes. Depones^ I signed the Call in the Church.
Interrogated. — ^Did you, on that occasion, see any person or persons signing the objections under
he influence of liquor? Depones, I cannot say that I did.
Interrogated. — ^Did you hear Mr Walter Graham, or any other olrjector, state publicly in the
litirGh that there was nobody to sign the Call, and that it would fidl to the ground t C
To the competency of which question, it was objected 1st, That the Call itself which is produced
n process, signed by thirteen individuals, in presence of the Presbytery, is the evidence that it was so
dgned at the proper time, in presence of the Presbytery, and no extraneous evidence can be introduced
n contradiction of a formal written document which forms an essential step of procedure in tins case.
Id, That the Presbytery's minute is the only compet^t Record of the transactions which took place
m the day referred to in the question. 3d, That Mr Qraham's name is now, and has been, most uur D
lecessarily and offensiyely introduced for a sinister purpose; but what he, or any other party may have
said on the day in question, could not affect the proceedings which the Presbyteiy alone have had the
superintendence of, and therefore, the question is irrelevant 4th, That the Presbytery uniformly, in the
course of the Objectors' proof, disallowed any question to be pu^ calculated to disdoae the transactions
of the day in question.
Answered, 1st, That the question does not apply to the contents of a written document 2d, E
That the question does not relate to any transaction which could form part of the Presbytery Records,
but to a statement made by an influential objector, addressed to other parties, and by which the number
Df parties who would otherwise have signed the Call on the day in question was materially afiected.
3d, That Mr Graham's name is not now, and has not been introduced unnecessarily or offensively, nor
for any sinister purpose; but solely for the purpose of establishing the part whi^ he, who is both a
nritness and an objector against the Presentee, has taken in this matter. 4th, The Presentee is entitled F
bo prove all the facts and circumstances connected with the opposition which has been got up against
liim, and the question that is objected to, is one that is put for eliciting such &cts, and is thc»refore
competent
Parties being removed, the Presbytery, after reasoning, sustained the objection, and disallowed the
question to be put, Mr Macdonald and Mr Dewar, Oa, dissenting.
Agamst which finding, the agent for the Presentee protested, and appealed vt tupra, for the pre-
k'ious, following, and other reasons to be stated at the discussion of this appeal : — 1. The question has a
nost important bearing upon the case, in so far as it relates to &cts and circumstances connected with
;he opposition to the Ptesentee.
Interrogated. — ^Were you present at a meeting held within the parochial school-house of Port-
EHlen shortly after it became known that a presentation had been issued to the parish of Kildalton, in
lavour of the Presentee, and before he had preached his trial discourses, as above deponed to ? and did H
^ou, upon that occasion, hear any of the Objectors, and particularly Mr William Hunter, Mr Colin
Say, and Mr Walter Graham, distillers, make statements to the meeting to the efiect that they should
)ppose the Ptesentee, and not hear him preach ?
Whereupon it was objected for the Objectors: — Ist^ That the question ou^t to be disallowed, in
-espect, first — That it is leading, and contains the precise circumstances which might be expected, and
B not calculated to elicit the truth, as the witness might be disposed to deliberate according to his own I
mowledge. 2d, That the question is, like many others, so framed as to contain rash insinuations against
ibsent parties, who are in hoc statu deprived of an opportunity of defending themselves, but whidi in-
dnuations are nevertheless fedse and calumnious. 3d, That the question, as put, is palpably erroneous
n itself as it refers to gentlemen by name, who did not possess the character of Objectors when the
nddent referred to took place; and one of them, viz., Mr Hay, is not an objector, as the AGnutes of
he Presbytery will show. And 4th, That the question is entirely irrelevant to the Cem^ and circum- K
tances admitted to probation.
Answered. — 1st, That the question is competently framed, and calculated to elicit what the Pre-
64
PEOOF FOR THE PRESENTEE.
A sentee considers to be most important circumstances comiectcd with this case. 2d, That the statements
contained in the second objection are totally denied. 3d, That the question is not palpably erroneous
in itself because, although the gentlemen referred to could not have been Objectors at tiie time in qaeB-
tion, under Lord Aberdeen's Act, seeing that the period referred to was previous to the Presentee's
preaching his trial discourses, yet they all subsequently signed the objections now before the Presbytery;
and the statement with regard to Mr Colin Hay is entirely incorrect, as his name appears the fonrUi
B signed to the said objections, although he was found subsequently to be ineligible as such, in respect
that he was not a commimicant. 4di, The question is therefore clearly competent, and faJls directly
within the spirit and terms of the Act pf Parliament already referred to.
Parties being removed, the Presbytery, after reasoning, sustained the objection, and refused to allow
the question to be put. Mr Macdonald and Mr De war of Oa dissenting. The latter assigning as a reason that
the parties whose names are implicated should have an opportunity allowed them of being relieved from
C the insinuation contained in tBe question; against which finding the agent for the Presentee protested
and appealed tU supra; and also against the reason stated by the Rev. Mr Dewar of Oa^ which he
denies to be well-founded, for the previous, following, and other reasons to be stated at the discassion
of this appeal: — lat, The question is not a leading question, but necessary in the first place to elicit
the fiict, generally, that statements of the nature referred to were made. 2d, On this hjct being esta-
blished, the question would then naturally follow, ''what were the statements that were so madef* The
D mthority referred to shows that it is quite competent to put the question in its present shape. — (Dick-
mm an the Law of Evidmce, p. 987, Sec. 1984.)
Interrogated. — ^Did you observe, on the day for moderatbg in the Call, any of the Objectors
axging or pressing parties to go into the church to sign the objections?
Objected for the Objectors. — That the question is clearly incompetent, for the reasons above stated
as to a question put to the witness as to the transactions which took place on the day for moderating
E in the Call ; further, that the objections, as signed, having been formally received and sustained by
the Presbytciy, and cannot be impugned by parole evidence during the present proof 2d, If the
Presbytery have admitted the objections as part of the records of this Court, it is altogether b^de the
question, whether the Objectors were urged to sign them or not Again, 3d, The question, as put, is
▼ague and irrelevant, as it refers merely to parties who may have no standing in this Court; and the
only parties who can be recognised, are the Objectors themselves and the Presentee.
F Answered. — The procurator for the Presentee holds as repeated the answers which he has given
to the previous objections.
Parties being removed, the Presbytety, after reasoning, sustained the objection and refused to allow the
qnestion to be put, Mr Maodonald diasenting, and also Mr Dewar of Oa, for the reasons formerly assigned.
Whereupon the agent for the Presentee protested, and appealed ut supra, for the reasons previously
stated, and others to be stated at the discussion hereof
G Being shown the objections and the name ''James Robertson, shepherd, Comibus.*' Depones, I
know that party.
Interrogated. — Whether Comibus, the residence of the said James Robertson, is within the pariah
of Oa, and that he is not a parishioner of the parish of Eildalton 1
The agent for the Objectors objected to the competency of the above question, because its objeet
and tendency is to challenge the correctness of the procedure of this Presbytery in regard to the
H validity of the objections, which were sustained so far back as 8th Sept last, when James Robertson
was admitted as having the status of an objector without his right being called in question by
the Presentee himself or his agent — who were at that diet afibrded an opportunity of impugning the
objections, and the right of the subscribers there to become Objectors — ^but who not only failed to object
to said James Robertson, but expressly named all the subscribers to which the Presentee's right of
challenge applied ; but admitted the Roll of Communicants to be the correct roll for determining the
I status of the Objectors, and their right and title to object under the Benefices Act Accordingly, an
Interlocutor of relevancy was pronounced after the title of the Objectors had been sustained, and also
an Interlocutor of proof pronounced, admitting to probation the objections proponed, inter aliOy by
^Robertson ; and it is utterly incompetent for the Presentee to attempt, at this stage of the proceedings,
to vitiate the procedure of the Presbytery, or to challenge the title of any one of the Objectors who
has been, with his own consent, admitted to possess the character and position of a bona fidt objector.
X Answered for the Presentee: — 1st, llie Objectors are labouring under a misapprehension with
regard to the object of the meeting at Bridgend on Stli Sept last The 3^Iinutes of that meeting sus-
tained merely the relevancy, to a certain extent, of the objections themselves, but not the right or title
of the parties who subscribed the same, to be considered as Objector^.
PfiOOF fOB THB FESBENTEE.
65
Sd» With ngoA to the Oonunmuon B0U9 all that the Picsbytety did mm to compare it with the A
liai of Olgecton' nameB, and to ^find the number of Olgectora idusBe names aie on the Boll is 34, and
tkoseiAoee names are not upon the Boll is 18;" but the Fresbyteiydid not find, and could not l^ally
do 80^ the title of eren the parties whose names appeared upon the Bdl to be ObjeictorBy before any
proof iras led, because it is quite possible for a party to be a communicant in one pariah and to be
veodent in another, in which case, although he may ha^ the status of a communicant in that parish,
lie cannot have the right of a parishioner. B
dd. The Presbyt^ found that the eighteen parties ^ose names were not on the Boll were not
entitled to be Objectors, and they allowed a proof to both parties. There is no stage of such a case as
the present at which the Presbytery or the Ptesentee require to maintain or object to the rights of parties
to remain as Objectors. The only document which the Pircsbytery require to sustain is the Call ; but
the Presentee is entitled at any time to prove, by competoit evidence^ that the parties whose names are
attadied to the objections are not pariBhioners, just as tanck as the Objectors or the Presbyteiy may C
inquire into the fiict as to whether or not the Callers are extiarpaiochiaL
4th, The procurator for the Presentee, at the time the lelevani^ was discussed as aforesaid, was
entirely unacquainted with the localities referred to, where many of the parties whose names were at
the objections resided, and therefore could not, even if it were incumboit upon him to do so^ object to
the individual in question remaining as an objector, on account of his not being a parishioner. He
now, however, aven and offers to prove, as a fact which must be known to every member of tins Pres- D
bytery, that the said James Bobeitson was not at the time in question, and is not now, a parishioner
43i EUdalton, in which Comibus is situated. By the first section of the Benefices Act, the parties who
are entitied to state objections to a presentee are '^parishioners being members of the congregation,"
and he therefore maintains that he is entitied now to prove that the individual in question is not a
parishioner of the parish of Eildalton.
Parties bdng removed, the Presbytery, after reasoning^ sustained the objection, and refused to £
allow the question to be put
Against which finding the agent for the Presentee protested and appealed td mpra^ for the pre-
vious, following^ and other reasons to be stated at the discussion of this appeal : — Ist, The Presentee,
upon the 24th August last, when the said objections were lodged, reserved his right ''to impugn the
same, and the right of the parties whose names are adhibited thereto to sign their names." 2d, The
Presentee, in course of impugning the said objection, and as part of this reservation, he is also entitled F
to show that any of the ocjectors are not entitied, from being non-parishionen or otherwise, to the
character which they assumed to themselves. 3d, Although the Presbytery found, at their meeting at
Bridgend, that eighteen parties were not entitled to the character of Objectors, because their names
did not appear upon the communion roll, th^ did not find that those whose names were there were
entitied to that character. 4th, The &ct of a proof being allowed to those parties has nothing what-
ever to do with the competency of now entering upon the present question, because that very proof, G
instead of recognising their titie, only gives them the opportunity dt proving it, for they are allowed
to prove that th^ are Objectors to the Presentee, and the truth of the objections themselve& 5th, .
The fact of a party's name being on the communion roll, and the communion roll itself even when it
is admitted to be correct, can only be maintained to go the length of proving that such party is a
communicant in a particular parish, but not that he is entitied to tiie character of an Objector, which
lie can only acquire by being possessed of the qualifications of a communicant, and a parishioner in H
the same parish. — All which is truth, as I shall answer to Qod.
(Signed) John Fbaseb.
Jaxbb Dewab, Modr.
Jamss Dxwab, Clerk P.T.
I
At Pobt-Ellbk, 3d March, 1859, 7 o'clock p.m.
■ Be-compeared the foresaid John Fbaseb, who being solemnly sworn and examined as witness for
Ihe Presentee, interrogated, Is it matter of notoriety, that with the exception of the parties who have
isigned the objections, the great body of the people are fiivvourable to the Presentee? Depones, yes. ,
Cross-interrogated for the Objectors. — ^Depones, I am not a communicant. I am a married, mau. IC
and a son-in-law of Mr Andrew Macgibbon, a preceding witness for the Presentee. The steamer
jurives at Port-EUen on Tuesdajrs and Fridays; when not engaged about the steamer, I do anything
66
PBOOP WOU THE PBEHEJAUCEL
A I can get to do. I oannot specify the number of times I bAye attended chnrch sinoe I keaid the
Presentee preach in August lartb I know that there has been service in that chuxdi once a fortnight,
excepting once or twice, since Mr Macintyre preached. I attended service when I e^qpected to hear a
good sermon, and I attended with the exception of the times when two of the ministers appointed by
the Fresbyt^ preached.
Being interrogated. — ^What was the Presentee jnreaching about in Gaelic on the 1st August?
B Depones, it is now upwards of half a year since I heard the Presentee preach, and not expecting to
be called as a witness, I have fiHgotten. The same answer implies to the Englidi sennon on that same
day, and also to the Gaelic discourse I heard on 8th August Depones, I do not recollect any part of
the sermons, nor the several subjects of discourse. I have only retained one of the texts in my
memory, but I have seen some of them published in the public newspapers.
Interrogated. — ^With reference to your answer, that your were edified and instructed by the dis-
C courses of the Presentee, you are requeofced to state what instruction you received, if you still remem-
ber it? Depones, I do not remember just now.
Interrogated. — ^With reference to your answer, that it is matter of notoriety that the great body
of the people are favourable to the Presentee, you are requested to explain whether this feding exists
among parties you have been in the habit of coming in contact with, or how do you know that it is
matter of notoriety? Depones, by hearing the people speak about these things, and it would take
D me a long time to study or go over the people who have told me so. Depones, I do not mean
the people of Port-Ellen, but partly sa Depones, I have not been veiy much out of the village
of Port-Ellen since I h^rd the Praentee preacL Depones, I know none of the Callers, but these
are not the people I refer to. Depones, I refer to people from the island of Jura, and through the
whole coimtry.
Being interrogated, and requested to state the names of the parties from Jura to whom you refer.
E Depones, I cannot give their name&
Being interrogated. What do you mean by the expression, ''the whole country?" depones, I
mean the island of Islay. Depones, the following are the parishes in the island of Islay, viz. : —
Kilchonian, Kilmeny, the Oa, Kildalton, and Kilarrow.
Being interrogated. — Ctaa. you specify the names of any parties from Eilchoman who have
expressed themselves as fevourahle to the Presentee. Depones, I do not know the parties by their
F names.
Being interrogated, when and where parties from the Parish of ELilchoman spoke to you on this
subject, depones, I do not remember just now.
Interrogated, and requested to state if any party from the Parish of Eilchoman spoke to you on
this subject, that is about the IVesentee^ depones. If the Ehins be in the Parish of Ealchoman, parties
from the Bhins spoke to me. Depones, I cannot tell who these parties are, and a similar negative
0 answer applies to all the other panshes that I have referred to, excepting Eildalton.
Being interrogated, and requested to specify the names of the persons belonging to the Parish of
Kildalton who have expressed themsdyes to you as fiivourably disposed to the Presentee, depones, It
would take me a long time to study.
Interrogated. — Can you spe^fy the names of any parties, who are not Callers, residing beyond
Port-EUen, who have expressed then^selves as fevourable to the Presentee? Depones, Duncan Cook is
H one; but I do not know where that man resides, nor whether he resides in the Parish of Kildalton.
Depones, I do not recollect of ever having seen Duncan Cook in Kildalton Church.
Being interrogated. — Can you give any other names ? Depones, I would rather drop that just now,
as I cannot remember.
Being interrogated, and requested to specify the names of any party or parties, resident within tiie 4
village of Port^Ellen, and not Callers, who have expressed themselves fevourable to the Presentee, depontf^ ^
1 I would rather drop that just now, as they are not in my memory. ^
Being shown the objections, and the subscription thereto of " Stewart Eraser, baker, Port-Ellen,' ™
and interrogated if that is your fether^s signature? Depones, I think it is.
Be-interrogated for the Presentee. — ^Being shown ijie objections, and interrogated if you see tlii0^B
names of any parties belonging to Ardbeg there? Depones, I do not. Depones, from my attendanc^^*
at the boat I am frequently in the habit of meeting with people whose names and residences I do no^^
K know. Depones, I was bom on the 1 4th of October, 1831. Depones, the reason why I am not ^
i
^maaaaiaimsi h, that I never was aakad to Im one. I intond to beoome one tiie fiist opportonity. I)e- A
ponoi^ I was boon in the Ftoidi of KOdioman. — AH whkh 'is tntHi, as I shall answer to Qod.
(Signed Jomr Fkabkb.
Jambs DnwAX, Modr.
Jambs Dkwax, Gleik P.T.
At Pobt-Ellkn, 7th March, 1859. B
Compeared Alexandbb MacCuaio, general merchant and fiumer, Port-EUen, who being solemnly
sworn and examined in Gaelic^ as a witness for the IVesentee^ depones^ I undeistaiid En^ishpartially,
but prefer to be exanuned in Gaelia Depones, I am a oommnnieant in the P&iish CSinrch of
Eildalton, and I have been so for the last thirty-ifour years. I haye been a regular attendant
Interrogated. — Did yon hear the Presentee deliver his trial disconrses in Oaelic, in Eildalton C
Church? Depones, Yes, I heard him.
Interrogated. — ^Were you satisfied with his manner of condnctimg the chnrch servicest Depones,
I was fidly satisfied
Interrogated. — ^Were the prayers offered np witii earnestness and solemnity^ Depones^ Jn my
opinion they were.
Interrogated. — Was the Presentee's manner in the pnlpit as reverend and becoming as that of D
other ministers, or did you observe anything in his manner which yon felt indicated a want of fervour
and earnestness? Depones, In my opinion his manner in the pnlpit was more reverend and becoming
than that of most ministers I have heard ; and with regard to the latter part of the interrogatory, I
depone, I felt nothing in his manner that indicated a want of fervonr or earnestness.
Interrogated. — Had yon any difficulty in following or understanding the Presentee, either with
r^ard to the matter of the discourses or the delivery? Depones, I had no difficulty either in following E
or understanding the Presentee, he had language enough and it was easy to follow him.
Interrogated. — ^Did the discourses convey edification and instruction to your mind? Depones, If
they did not, it was my own and not the Presentee's fiiult
Interrelated. — How long have you been in the habit of hearing GaeEc sermons preached?
Dex>ones, For the last fifty-five years.
Interrogated. — ^Did you observe anything in the Presentee's discourses which led you to think F
they were inferior in point of arrangement, or composition, or language, or practical application, to
other discourses? Depones, I did not think them decent in any of these respects, and I was thankful
to God that such a minister was likely to be appointed.
Interrogated. — ^Is the parish of Eildalton a QaeHc speaking parish or an English speaking parish?
It is more a Gaelic than an English speaking parisL Dex>one£f, I signed the Call, and am fully
satisfied with the Presentee's qualifications to be my minister. Depones, I believe I am as long G
connected with the Parish Church of Eildalton as any member thereof
Interrogated. — Is it matter of notoriety that, with the exception of the parties that signed the
objections, ti^e great body of the people of the parish are fiivourable to the Presentee? Depones, Yes.
Depones, In my opinion, and as fu* as I know, I never heard him preach in the Church of Kildalton
before I heard him preach as Presentee. Depones, I -went to hear the Presentee without any bias
for or against him. H
Cross-interrogated for the Objectors. — Depones, It is thirty-one years cdnce I came to reside in
tiie village of Port-Ellen, and previous to that I was a &rmer in the district of Oa, but attended
church at ELildalton. Depones, I retail sugar, tea, clothes, ironmongery, etc., to the general public.
I am a fsumer sometimes, and a merchant at other times. As a fiEunier I pay from twenty-three
pounds to twenty-four pounds of rent Depones, I was never in Mull, but I know individuals who
five there. Depones, I received no letter from any one in Mull until after I saw the Presentee. I
Depones, I received a letter from Mr Geoi^ge Black, Tobermory, r^arding him; I am not quite sure
ndiether it was before or after I heard the IVesentee preach his first trial sermon. Depones, I received
no other letter firom Mr Black but the one deponed to.
Interrogated. — Did you receive any communication, in writing, from any other party than Mr
Black, regarding the Presentee ? Depones, No.
Being interrogated. — Have you any objection to produce or exhibit Mr Black's letter ? K
At the request of the Presbytery, this question was deferred in the meantime.
Depones, I cannot specify the day of the month when I heard the Presentee preach, but I heard
68
PROOF FOR THB PRB8SNTEE.
A Ilia first trial sermon. I heard tiuit he had beeo presented to the parish before I heard him pwarhinfe
bat what day before I cannot say. DqMmes^ Before the Presentee deliTered his first sermon, he catted
npon me, and I called upon him at the house of Mr Dmican MacCoai^s, innkeeper, Port-Ellen, who is
my brother. Depones, Mr Macintyre, on the oocadon npon which he called upon me, delivered fa
me the letter from Mr Blacky above referred to. I am not sore whether the letter was delivered to
. me before or after the Presentee preached. Depones, I did not see the Presentee when he first
B arrived, and cannot tell on what day he did arrive at Port-Ellen. Depones, I met the Mr Black
referred to once before in Glasgow. I think he is a merchant and fitrmer in Tobermory. Depones^
I cannot tell what church Mr Black belongs ta I never asked him.
Being interrogated, whether yon have preserved or destroyed the letter yon have received from
Mr Black ? Depones, I cannot say whether I have kept or destroyed it
Being interrogated. — ^When Mr Macintyre called npon yon, or yon npon him, as above deponad
C to, did he show or read to yon any certificates in his fitvonr, or any other docoments speaking of his
qualifications 1
Objected. — ^The procurator for the Plnsentee has no desire to prevent the Objectors from entering
into the follest investigation with r^^ard to snch of the objections as have been found relevant, and
admitted to probation; but the present question, frdling under, as it does, the last in the Ust of objec-
tions which the Presbytery found to be irrelevant, is clearly inadmissible.
D Answered by the agent for the Objectors. — Irrespective of the objections referred to, which the
Presbytery is not entitled to take into account, it having been objected to as irrelevant, the Olgectors
are entitled to put the question, as being directly cross to the answer elidted from the witness, in that
he went with an unbiassed mind to hear the Presentee. And, again, it is a relevant proper question, as it
tends to test the value of the witness's evidence, and to state how far he might have been influenced
by communications with the Plnsentee^ before the witness had an opportunity of fomung his judgment
E from the Presentee's pulpit services, or from his personal knowledge and experience of his qualificationa.
Parties being removed, the Presbyteiy, after reasoning, sustained the objection, and refused the
question to be put
Whereupon the agent for the Objectors protested and appealed against said deliverance to the en-
suing meeting of the General Assembly, took instruments in the Clerk's hands, and craved extracts, which
were allowed, for the followin^^ among other reasons to be urged in support of said i^peal: — 1. Because
p the question is directly cross to that part of the examination-in-chief which brings out in the witness's
answer, that he went to hear the Pjrasentee preach with an unbiassed mind. 2. Because the Presby-
tery are entitled, in estimating the value of the witness's evidence, to ascertain what means, if any^
were used which might tend to produce an e£fect fovourable or unfiivourable, but not derived fix>m the
witness's experience of the Presentee's qualifications. — ^All which is truth, as deponent shall answer to
God.
Q (Signed) Albx. MacCuaig.
Jamks Dewab, Modr.
Jaxbb Dewas, aerk P.T.
At Pobt-Ellrn, Seventh March, Eighteen Hundred and Fifty-nine, Six o'clock p.ic
H
Be-compeared the foresaid Alkxandkb MacCuaig, who, being again solemnly sworn and cross-
examined in Gaelic, for the Objectors — Depones,! have not been present at any meeting with the Presentee^
at which questions were suggested to be put to the Objectors' witnesses. Depones, I was present in.
Court during part of Mr Walter Graham's examination. I heard part of Mr Hay's examination. I
heard part of James Mackerrol's examination. I heard part of James Stuart's examination, but from
I my limited knowledge of the English language, I did not fully understand what he said. I could un-
derstand some parts, and some parts I cannot I partly heaid the deposition of Dugald MacdongalL
I was for a short time in Coart while Peter Macdougall was examined. I was present when Mrs Macdonald
was examined. I heard very little of Duncan Macdougall's examination, and I heard people speak-
ing about a part of it Depones, Duncan Macdougall's deposition was the subject of conversation
through the village. I heard the latter part of Donald Jamieson's examination. Depones, I did
£ not hear any of the Presentee's witnesses examined. Depones, 1 think the Presentee preached in
August, but I am not sure. I kept no note of the time. Depones, I recollect some of the texts
from which the Presentee preached. Depones, The text on the first Sabbath that I heard himi
FEOOF FOB THE PRESENTEE.
81
InierrpgaiecL— Is it matter of notoriety that the great body of the people of the parish are A
-fiiToarable to the Presentee? Depones, it is so. Depones, I recollect of seeing a man of the name of
Duncan Sinclair sign one of the mandates at the Steamboat Tavern, which I think was by mark, and
Mr John Macdonaid, officer of Inland Revenue, was present on the occasion. It was signed at the
Steamboat Tivem ; bat Sinclair had previously called at my house, and said that he wished to put his
name to the Call ; and he and I went together to the Steamboat Tavern where the mandate was lying
pablidy for signatures. B
Interrogated. — Did any of the parties who are now Objectors state to you before the Presentee
preached his trial discourses^ that they intended to oppose Mb settlement in the said parish, and
particularly did Mr Walter Graham do so?
Whereupon it was objected to the competency of the question by the agent for the Objectors, fbr
the reasons stated to a similar question put to the witness John Madntyre.
Answered. — ^The procurator for the Presentee holds his answer to the olrjections taken to a similar C
question put to the said John Madntyre as repeated.
Parties being removed, the Presbytery, after reasoning, sustained the objection, and refuse to allow
the question to be put, the Moderator dissenting for the reasons stated by him, when a question of a
similar tendency was put to the witness John Frazer. Against which hiding the procurator for the
Ptesentee protested and appealed for the following and other reasons to be stated at the discussion of
this appeal : — 1st, That the question is competent, and has a material bearing upon the case, as tending D
to instruct that opposition was intended to the Presentee previous to Mb preadiing his trial discourses
«t Eildalton as aforesaid. Depones, I was present at a meetmg held within t£e Parochial School-
House at Port-EUen, at which Mr Colin Hay, Mr Wm. Hunter, and Mr Walter Graham, and other
Objectors were present This was previous to the Presentee's preaching Ms trial discourses at Eil-
dalton.
Interrogated. — Did you hear statements made at that meeting by any of the Objectors to the E
effect that the settlement of the Presentee ought to be opposed? To the competency of wMch question
it was objected by the agent for the Objectors, for the reasons stated to a similar question put to the
witness John Frazer, and which are here hdd as repeated.
Answered. — ^The procurator for the Presentee holds his answer to the objection to the question
put to the witness John Frazer as repeated.
Parties being removed, the Presbytery, after reasoning, sustained the oljection, and refused to F
4dlow the question to be put, the Moderator and Mr Mackenzie dissenting. Against wMch finding the
procurator for the Presentee protested, and appealed td supra, for the reasons stated against the ddiver-
ance pronounced upon the previous objection, and wMch he here holds as repeated.
Depones, I was present in the Church of Eildalton on the day on wMch the Call was moderated in.
Interrogated. — Did you hear Mr Walter Graham state publicly in the church, after the Call was
lead by the Clei:k, that there was no person to sign it, and iJiat it would Ml to the ground? To the 6
competency of wMch question the agent for the Objectors objected, for the reasons stated to a similar
question put to the witness John Frazer, which are here held as repeated.
The procurator for the Presentee holds his answer to a similar question in the case of the witness
John Frazer as repeated.
Parties beiog removed, the Presbytery sustained the objection, and refused to allow the question
to be put, the Moderator and Mr Macdonald dissenting. H
Whereupon the procurator for the Presentee protested, and appealed tU niprc^ holding his reasons
of protest and appeal against the deliverances pronounced upon the previous objections as repeated.
Interrogated. — Did you see any person sign the objections upon the day in question in a state of
intoxication?
To wMch question it was objected by the agent for the Objectors, that the question is incompetent,
in respect it goes to impugn the integrity of the objections which have been sustained, and the trans- I
actions at the time the objections were signed, and it has not been admitted to probation.
Answered. — ^The question is perfectly competent, and has been abready put to two previous witnesses
^thout any objection.
The parties being removed, the Presbytery, after reasoning, repel the objection, and allow the
question to be put, against wMch deliverance the agent for the Objectors protested, and appealed tU
mpra, for the reasons above stated in the objection to the competency of the question, and for other E
leasons to be urged at the bar of the Qenend Assembly, in support <^ this appeal And the question
being put, depones, I saw a person signing the objections in a state of tipsiness, but I cannot say he
L
70
PBOOF TOB THE PRESENTEE.
A KinConr's wife. Depones, there are plenty more, bat I cannot name them ; I do not think John
Macmillan i8 a commmiicant of the Ealdalton Church ; Neil used to be. Depones, I hare seen John
Macmillan often in Kildalton ChnrdL Depones, I have seen John Macmillan coming from chnrdi^
but not within the church, as I sit in the gallery, and I do not know where he sits.
Being interrogated, can you, of your own knowledge, state that John Macmillan has been in IGl-
dalton Church since Mr Macintyre preached t depones, I did not see him in church when Mr Madntyre
B preached, but he told me himself that he had heard him, but he did not say on which of the days.
I cannot say that I have seen John Macmillan in ELildalton Church since Mr Macintyre preached. De-
pones, the same answer applies to Neil Macmillan. The said Neil Macmillan and John Macmillsa are
brothers-in-law.
Being interrogated for the Presentee, and referred to that part of your cross-examination in which
it is stated that you were sometimes a merchant and sometimes a farmer, you are requested to explain
C the meaning of that statement. Depones, that is a mistake. I am both a merchant and a fiunner.
I mean that I sometimes require to attend to both. I am also proprietor of some houses in Port-
Ellen — that is to say, three. — ^All which is truth, as deponent shall answer to Qod.
(Signed) Alex. MacCuaig.
James Dewab, Modr.
James Dewab, Clerk P.T.
D
At Pobt-Ellen, Eighth March, Eighteen Hundred and Fifty-nine.
Compeared Niel Blaok, Labourer, residing at Port-Ellen, who, being solemnly sworn and exa-
mined, in (keUc, as a witness for the Presentee, depones : — am a communicant in the Paiish Church
E of Kildalton, aud I have been so for thirty year& I heard the Presentee preach, in Gaelic, his first
two trial discourses in the Parish Church of Kildalton.
Interrogated. — Were you satisfied with the Presentee's manner of conducting the Church services,
and with the said services themselves ? Depones^ With reference to the first part of the interroga-
tory, I was fully satisfied, and with reference to the latter part, the witness depones, I had reason to
be satisfied, as also had many more that heard him. Depones, I signed the Call in the Church.
T Cross-interrogated for the Objectors. — ^Interrogated, Do you recollect any part of the discourses
delivered by the Presentee on the first day you heard him ? Depones, I recollect that his text on that
day was the G6th Psalm and 6th verse* Depones, I do not recollect the subject of that discourse, it
is so long since.
At this stage the Eev. Mr Dewar, of Oa, the Moderator, entered the Court, and took the chair.
Depones, J recollect no part of the discourses referred to, except the text. Depones, One of the
O Psalms given out to be sung was, so far as I recollect, the 118th, and I think the 9th verse thereof.
I do not recollect any other Psalm (I mean by numbers) that was given out that day. Depones, I
recollect no part of the discourse delivered by the Presentee on the second day 1 heard him, except the
text, which was 1st Samuel x., 26 and 27 verses. Depones, I do not recollect what the Presentee was
preaching about, nor can I explain the subject of discourse ; but I was pleased with the way he said
that God touched the hearts of men. Depones, I do not recollect any more of that discourse.
H Depones, I do not understand a sermon preached in English, and I have not been in the habit of
attending church during the English service, and I did not hear the Presentee deliver any of his ser-
Tices in English. — All which is truth, as I shall answer to Gfod.
(Signed) Nikl Black.
James Dewab, Modr.
Jabies Dewab, Clerk P.T.
I
Compeared Duncan MacCuaig, Innkeeper and Farmer at Port-Ellen, who being solemnly sworn
and examined, i7i initialibus, for the Objectors, depones, I am a brother of Alexander MacCuaig, a pre-
ceding witness. Depones, the Presentee has been staying at my hotel while at Port-EUen. Depones,
he first came to Port-Ellen as Presentee to Kildalton, so far as I recollect, in the month of July last.
Depones, the Presentee brought to me from Mr Black, Tobermory, a few lines of introduction.
K Being interrogated, and requested to produce the letter referred to, the agent for the Objectors, at
the request of the Presbytery, agreed to defer pressing said question in hoc statu as in the case of
similar question put to Alexander MacCuaig, a preceding witness.
PROOF FOB THE PRESENTEE.
83
Depones, There are four individnab who have been acting as elders in the Puish of ELildalton. A
Interrogated. — ^Are you aware that parties have been going among the Callers, endeavooring
to preTail upon them to withdraw their names from the Call?
To which question it is objected, 1st, That the only persons who can be reoogniaed as parties to the
present proceedings, are the Objectors and the Presentee, and the Objectors are not respocunHe for the
acts of any third party.
3d, That the Call does not, in hoc staJtUy form an element for the conaideiation of the Presbytery, B
and can only be looked at, at a future stage of the proceedings, if it is to be looked at at alL
3d, That the only relevant inquiry, in terms of the Act of Parliament, is^ whether tiie objections
stated in virtue of that Act are true or untrue, and tins is the only matter whidi has been admitted to
probation by the interlocutor of proof pronounced by the Presbytery, and the present question
legarding the Call is therefore altogether irrelevant
Answered. — ^To save time, the procurator for the Presentee holds as repeated the answers made C
by him to similar objections.
Parties being removed, the Presbytery, after reasoning, sustained the objection and disallowed
the question, the Moderator, who left the chair, and the Rev. Mr Macdonald dissenting.
Whereupon the procurator for the Presentee protested and appealed ut wpra^ for the following
and other reasons to be stated at the discussion of this appeal : —
1st, That the Presbytery are bound, by the terms of the Act referred to, not merely to take D
cognisance of a proof which may be offered with regard to the objections urged against the Presentee,
and also as to the whole circumstances and condition of the parish.
2d, The Call has been made the subject of proof by the Objectors, and it has also, for about five
or six months, formed a subject of investigation by the Presbytery, who have made it the subject of
two reports, in which it is stated that parties have come forward requesting* their names to be
withdrawn. E
3d, That although the Presentee has repeatedly insisted upon having a detailed and particular
statement from the <]lommittee of the data upon which these reports are based, so as to enable him to
bring forward competent evidence to support the CaU, and to show the manner in which the Callers
bsve been tampered with ; such information has not as yet been afforded to him, but he wiMnfjiing
tiiat he is entitled to lead evidence so as fully to show how the matter standa — ^All which is truth,
is I shall answer to Qod. F
(Signed) Duir. MAcCuAia
James Dewab, Modr.
Jaxbb Dewab, Clerk P.T.
At Pobt-Ellen, 22d of March, 1859, at half-past 6 o'clock p.m. O
Ee-compeared the said Duncan MaoCuaio, who, being again solemnly sworn and cross-interro-
gated for the Objectprs in causa, depones, in omnibus, in terms oi my initial ezamination, which is here
lidd as repeated.
Interrogated. — ^Have you been in the habit of attending both the Gaelic and English services dur-
ing the last two years in the Church of Ealdalton? Depones, Tes, I have; but I oftener attend the H
Gaelic service. Depones, I communicate generally with the Gaelic congregation. Depones, I think
that I have commtmicated a few times, during the time I attended Eildalton Church, with the Ti^ngligli
tmgr^ation, but as Mrs MacCuaig prefers the Gaelic, I go with her.
Interrogated. — Have you communicated with the English congregation during the last six years?
Depones, I am not sure. Depones, I am not sure that I heard any English service delivered in Eil-
dalton Church for twelve months previous to the death of the late Mr Mactavish; but I know when 1 1
have gone to Glasgow I generally heard both Gaelic and English there. Depones, during the last thirty
years there has been an English and Gaelic service in Kildfdton Church, excepting an occasional inter-
ruption caused by the state of the weather or the minister's state of health. Depones, I am not so
often in the habit of writing the Gaelic language as the English.
Being requested to translate the last answer giveui by him into Gaelic, and the witness having done
m, the Presbytery approved of the rendering. Depones, the Presentee's toial discourses were deUvered K
m the 1st, 8tii, ajid 10th August. Depones, I recollect a part of the discourses delivered.
72
PROOF FOB THE PRESENTEE.
A Being shown mandate Na 8, also in my fitvoor, I depone that the heading thereto is in my hand-
writing. Depones, In the mandate last mentioned, I observe my signature as a witness to the names
John Macarthur and Maiy Bbck, and Archibald Macarthor, and to tiie marks of Anne Macarthor and
John Campbell, and Margaret ICackerroL Depones, I think the name ''Anne Macarthur** is in my
liandwriting, but I am not quite sure. There may be other names written to said mandate in my
handwriting, but I am not quite sure.
B Being shown the mandates No. 4 and 6 — ^Depones, The headings of these mandates are in my
liandwriting. Depones, I do not recollect where the said mandates were all signed, but I recollect that
the one in Itvour of Archibald Macarthur, and commencing with the signature of ''James Livingston,**
lay in the Steamboat Tavern, bebnging to me; but I know that it was, at least on one occasion, taken
out to get signed by some parties. I think the said paper, or mandate in favour of Archibald Mac-
arthur, was signed on detached sheets, which were afterwards pasted together. Depones, I had no
C written copy of the Call; and I neither asked nor got a copy of the Call from any one. — ^All which is
truth, as I shall answer to God.
(Signed) Dun. MacCuaig.
James Dewab, Modr.
James Dewar, Clerk P.T.
1>
At Fobt-Ellen, 8th March, 1859, Half-past Six o*Clock p.m.
Be-compeared the foresaid Duncan MacCuaio, who being again solemnly sworn and examined in
wiiialibus by the agent for the Objectors, depones. The Mandates before referred to, which I have iden-
tified as being in my handwriting, were composed by myseli I mean by this to say, that I had for-
£ merly seen or heard of similar Mandates, and I did frame the Mandates in question from my recollection
of the terms of the Mandates referred to; but I was not supplied by any one with any special form
with reference to the present proceedings.
Being interrogated. — ^Who supplied you with a form of Mandate from which the Mandates written
by you were prepared t Depones, as far as I recollect, the agent for the Presentee directed the form of
a Mandate.
F Being interrogated. — Did Archibald Macarthur, before referred to, proceed to any particular part
of this parish for the purpose of procuring subscriptions to one or more of the Mandates to subsmbe
the Call, at your request, or acting under your authority, instructions, or permission? Depones, I did
not accompany him to any part of the parish; but he had my permission to submit the Mandates to
parties who could not conveniently go to Lagavulin, or to save them the trouble; and I accompanied
Macarthur to Lagavulin to witness the adhibiting to the Call of the names contained in the Mandates
0 in his favour; and I also adhibited the names contained in the Mandates in my own favour. Depones,
I am not aware that I requested Donald Macintyre to go to any part of the parish to procure subscrip-
tions to the Mandates in his favour; but I believe he volunteered to do so. Depones, I was present
at the meeting of Presbytery, held at Bridgend, on the 8th September last. Depones, I was present
throughout Mr Walter Graham's examination, and also throughout the examination of all the other
witnesses examined for the Objectors, from beginning • to end. Depones, I usually accompanied the
H Presentee and lus agent to the meetings of Presbytery when the Objectors* proof was being led. De-
pones, It is my belief that the Presentee was personally present at the several meetings of Presbytery
at which the Objectors' proof was led, except the diets held in Jauuaiy. Depones, I heard both the
discussions and the evidence. Depones, I had some trifling communications with the Presentee's agent
in suggesting questions to be put to some of the witnesses under examination.
Literrogated. — Did you usually take your seat in Court on the occasions referred to, close to^ at
1 near the Presentee's agent t Depones, I sat sometimes near him, and sometimes not Depones, I
sat so near him at the meetings held in Kildalton Church, that I might have commimications with him
if I felt incluied ; and wliile the proof was going on at Port-Ellen, I was sometimes near him and
sometimes at a distance ; but at all times within the Court.
Being interrogated — Were you in the habit of retiring from the Court along with the Presentee
and his agent, and of accompanying them home / Depones, I generally left the Court along with tliem»
X and accompanied them home on the occasions when it was nece&sary to have a vehicle to carry our-
jsdves and the books — I mean the agent's books.
Being interrogated. — ^^Vere the Presentee and his agent aware of your presence in Court on the
74
PROOF FOB THE PRESENTEE.
A connection between the first and the last part of the question, the former pointing offenaiTely to Mr
Graham, and the latter leaving it open for &e witness to state generally his knowledge as to the Seanoii-
Clerk's absence from home. The first part of the question is not only unnecessary, but it is leading,
and the latter part is so framed as to bring out hearsay evidence, and not the witness's own personal
knowledge of the matter, sought to be inquired into; and, moreover, the tendency of the question is to
impugn the conduct of the I^bytery in trusting the Call to Mr Levack.
B Answered. — ^The question is framed for the purpose of giving offence to no party, but simply for
the purpose of eliciting the truth, and to show the reason why the Callers were driven to the necessity
of using mandates, in order to enable the Call to be signed. That document was in the custody of »
party and at a place hostile to the Presentee, at a distance from Port-Ellen, where the largest body of
the parishioners (upwards of a thousand in number) reside. Many of the Port-Ellen people, from
their avocations or other circumstances, could not conveniently, during the day, go a distance of three
C miles into the country for the purpose of signing the Call ; and therefore considering the line of evidenee
which the Objectors have adopt^, it becomes necessary to establish the drcumstanoes in question.
The statements contained in the objections above made are denied.
Parties being removed, the Presbytery, after reasoning, repel the objection and allow the question
to be put
Against which deliveranoe the agent for the Objectors protested and appealed tU supra, for the
D reasons stated in his objection, which are held as here repeated, and for this additional reason, that the
answer to these objections shows that the question was put from an improper animus, not only as
regards !Mr Graham, but also as r^ards Mr Levack, the Session-Clerk, who has been accused of
hostility towards the Presentee, although neither an objector nor a Caller, and who has been thus attacked
in his absence and when he can be afiforded no opportunity of defending himself against such aspersionsL
In which deliverance the procurator for the Presentee acquiesced, but denied in the most explieife
E terms the statements contained in the above reasons of protest; and the said procurator asked and took
instruments in the Clerk's hands which were allowed; and the question being put to the witness^
depones, It is my belief Mr Levack was tutoring Mr Graham's family before and after the time the Call
was left with him. Depones, On two occasions when I went to Lagavulin, about the dusk of the
evening, I did not find him at home, but I did not ask where he was. Depones, I saw Objectors in
Court listening to the evidence of other parties before their own evidence was given.
F Being interrogated. — Do you recollect of seeing a witness for the Objectors, of the name of James
Stuart, a divinity student from Gla^w, sitting in the Court and writing down the evidence for the
Oljectors, previous to his own examination?
Whereupon the agent for the Objectors stated that, with reference to Mr Stuart, who is referred to
in this question, he was undoubtedly in Court during the examination of John Maclean, shoemaker
in Tobermory; but that a special request had been preferred by the agent for the Objectors to the agent
G for the Presentee, at the commencement of the proceedings of that day, that Mr Stuart should he
permitted to remain in Court during Maclean's examination ; and the agent for the Presentee expressly
consented to grant this fiivour to Mr Stuart, otherwise the agent for the Objectors would have requested
Mr Stuart to retire, in accordance with the intimation publicly made to witnesses by the agent for the
Objectors that they should retire; and Mr Stuart was prepared to leave the Court and to remain
absent till he was himself examined, had he not obtained the permission of the Presentee's agent to
H remain. The agent for the Objectors calls upon the agent for the Presentee to admit or deny whether
he gave that permission, and that unconditionally and without qualification.
The procurator for the Presentee stated that he at once admits that he was asked by the agent
for the Objectors to consent to Mr Stuart remaining in Court for the purpose of writing down the
evidence which was to be led, and that no condition was annexed to the consent which the agent §at
the Presentee gave to his remaining in Court ; nor was this the only instance in the course of the
I Objectors' proof, upon which the agent for the Objectors stated to the agent for the Presentee, that with
reference to witnesses being in Courts that he supposed there would be no objection stated on that
ground. Had the agent for the Objectors observed any person whom he thought likely to become it
witness, and stated that unless he was removed from the ( ^oiirt, he would object to his admissibility^
the procurator for the Presentee would, had he intended to adduce that party as a witness, have
ordered him to withdraw; but acting upon the impression made on his mind, that no objections of this
K discription were to be taken, he did not object to any of the (Objectors* witnesses, although 'almost
every one of them was present in Court, more or less during tlie course of the Objectors' proof; but as
now for the first time it seems than an objection is to be stated to the admissibility of the present
?K»OF V0& THE PBEaBKTKK^
75
-witimB, wliOBe eriohiioe tho OltiactocB m piobaUy mams to exclude from and as the Preebtery A
nuKjr be called upon to a4|iidicato upon aiidi olrjecfebn% it ia neceasaiy that the drcomatances connected
witii the pieaence in Court of wifcneeaee on both aidea ahould be aacertained.
AiHi the qneatiaii being again pat to the witne8i> deponea^ I aaw Mr Stuart takii^ down the
eridenoe before he waa examined hixoself Deponee^ I did not remain in the Cfonrt finr any improper
poipoee^ nor at the desire of the Pteeentee or hia agent Depones^ after I waa precognoaced by the
j^UBnt fiorthePteaentee^ and told that it waa intended tibat I waa to be examined aa a witness, I was not B
-within the Goort, except upon the occasion already referred ta Depones, I had no ill intention in attend-
ing these diets of Court ; but wiihed to hear the proceediogs regarding the settlement of the Presentee,
£x whioh I am atiU anxiousL
Bdng interrogated, and referred to your atetement that you aaw in Court partiea who were after-
wrarda examined aa witnesses for the Objectors without any objection or remark, did you consider there
waa any harm, more particularly aa you were not then aware that you were to become a witneas, in C
romaining in Courtf Depones, Na
Interrogated, and re&ned to your statement that ''you had some trifling communication with the
Fjroaeotee'a agent in auggesting questions," you are requeeted to atate whether or not these commnni-
catkma were oaoaed by your having observed a similar course of procedure on the part of individuala
who had been examined aa witnesses for the Objectors?
Whereupon it waa objected by the Objectors: — 1st, That the question ia incompetent, 1st, Because D
it is put in a Isading form.
Sd, Becanae it assumes a fact which has not been proved, and for the inquiiy aa to which no
foundation has been laid.
3d, Becanae, if it refers to, or implies the supposition that any question waa suggested by any
witness for the Objectors before such witness waa examined, it ia untrue, and an a£Brmative answer
would involve the witness in a mia-statement E
4th, AUhou^ the fact assumed had actually taken place, if the practice were erroneous, it could
form no valid excuse for the witness taking a part in the proceedings, which atamped him rather as a
partiitan than an impartial witness.
Answered. — ^The statemento made in the objectiona are denied in point of foct, and the question
ii necessary and competent, because the drift of the Ol^ectora* initial examination ia to ahow that this
witness is a partizan, whereas, if the term partisan ia applicable to any partiea connected with the F
eaae, it is especially i^plicable to the Objectors, who, witii the exception of three individuals, constitute
the body of the witnesses adduced against the Presentee. The procurator for the Presentee is not
aware that there is any legal distinction between the acts or deeds of parties who are Objectors and
those who are Callers. On the contrary, such mattera in both cases may be the sut^ject of the follest
discussion and investigation.
Parties being removed, the Presbytery, after reasoning, anstained the objection, and refused to allow G
tiie question to be put
Depones, I saw some slips of paper written in pencil in Court, and handed to the Objectors' agent,
hy partiea who were Objectors. Depones, I had no impure motives in any communications I had with
the Presentee's agent, my object being to have the truth elicited. Depones, it was a matter of accident
when I sat in Court Depones, I understand that the agent for the Objectors resides with Mr Walter
Graham, and that he came to, and retired from the Court in Mr Graham's carriage. Depones, in going H
to Kildalton at the same time that the Presentee and his agent did, on some of the occasions on which
proof was led there, I merely availed myself of a vacant seat in the dog-cart which conveyed them; but
I charged the hire thereof in the usual way. Depones, with the exception of the occasions which my
Tehide went to Kildalton Church aa aforesaid, I have not accompanied the Presentee or his agent to or
from the Court, unless to the meeting at Bridgend on 8th September last, to which meeting I was
aammoned. I
Being interrogated, were the Objectors whom you state you saw in Court previous to their giving
evidence in this case, sitting in such a position as tiiat they could have been perfectly well seen by the
Objectors' agent or his dientel To which question it was objected by the agent for the Objectors, that
tiie question ia incompetent, Ist, Because it assumes that the witness has steted as matter of fact that
lie saw Objectors in Court previous to their giving evidence, which is a mis-stetement
2d, Because the Objectors are not in question at present, but only the witnesses for the Presentee. K
3d, Because the Objectors, who have a stetus under the stetute as parties, do not occupy the same
position aa thia witness, who is not an.objector, and therefore not a party.
4th, Because the question is put in a leading form.
76
PROOF FOB THB PRESENTEE.
A Answered. — Ist, The procniator fSor the Presentee is willing to pat the question in the exprear
terms of the witness's own statement as to who the parties were whom he saw in Court, as aforendd.
2d, The Call and the Callers haye a recognised standing by the laws and practice of the Church,
although not referred to in Lord Aberdeen's Act; and that statute did not create Objectors, nor give
them any peculiar status in contradistinction to Callers, but merely enacted a mode by which com-
municants, being parishioners, might state objections to a Presentee. There is no privilege given to
B them by which they may remain in Court and hear the evidence led, without objection, any more than
other individuals.
3d, The question is put for the same purpose as a similar question asked by the Objectors.
Parties being removed, the Presbytery, after reasoning, repel the objection, and allow the question
to be put; and the question being put to the witness, he depones in the affirmativa
Be-interrogated for the Objectors. — ^Depones, I went twice to Lagavulin for the purpose of entering
C names upon the CalL Depones, I cannot specify the date when I first called at Lagavulin, but it is
likely that I entered the first forty-four names on pages 3 and 4 on the first occasion.
Being interrogated, on what date did you enter the forty-four names referred to f depones, I
do not recollect the exact date, but I recollect of entering them in Mr Levack's room within the period
the Call was in his possession. Depones, I entered the last thirty-five names to the Call on 7th Sep-
tember last Depones, I got access to the Call on both occasions when I called upon Mr Levack, for
D the purpose of adhibiting names thereto; but I had to wait for a short time before he made his ap-
pearance at his house, and on one of the occasions I had a long argument with Mr Levack before he
would allow me to make any entry upon the Call as mandatory, and he only did so on my threatening
to leave the house without entering these names. Depones, Mr Levack's house adjoins the school-room.
I do not know the hours at which his dasses were taught in the month of August or September last.
Depones, On both occasions, when I called on Mr Levack, a message was sent for him, and on one
£ of the occasions he made his appearance in a few minutes, which indicated to me that he could not
have been out of the village of Lagavulin. On the other occasion, I would require to wait about a
quarter of an hour or more before he made his appearance. Depones, These were the only two occa-
sions on which I called on Mr Levack anent the Call Depones, Archibald Macarthur was with me
on one or both occasions, and he wrote the names to the Call, which appear in his handwriting, on
one or both of these occasions. Depones, Mr Levack gave us access to the Call within his own roomu
F Depones, I drove from Port-Ellen to Lagavulin on both occa8ion&
Being interrogated. — ^What hour did you leave Port-Ellen on each occasion that you went to
Lagavulin ? Depones, It was in the dusk of the evening.
Interrogated. — you specify whether it was before or after nine o'clock at night when you
reached Mr Levack's house on the occasions referred to ? Depones, I had not a time-piece on me, and
I cannot specify the hour when we reached Mr Levack's^ but I know that some of the inmates had
G gone to bed before we left, and it was midnight before we returned, in consequence of the delay occa-
sioned by Mr Levack's absence, which only occupied a portion of the time, and partly by the time
taken up with the argument before referred to, and partly by the time taken up in writing the namesL
Depones, I think the Presentee's agent directed the form of mandate after the day the Call was mode-
rated in, but I am not sure on what day.
Interrogated. — ^Which of the Objectors did you see in Court listening to the evidence of other
H parties, before their own evidence was given) Depones, I recollect of seeing Archibald Campbell^
elder, in Court, before giving his evidence, also Mr Hay. Depones, I recollect of other parties, but I
decUne to say more.
Being again urged to specify the name of any other objector than the two already mentioned?
Depones, I also add the name of Donald Jamieson. Depones^ 1 do not remember seeing any of tlie
parties I have named holding any commuidcation with the Objectors' agent.
I Interrogated. — ^Did you suggest any question to the Presentee's agent, or make any communication
to him regarding Greorgc Calder, as to the appearance made by him on the day the Call was moderated
in? Depones, i do not recollect that I did, at any of the meetings in church, make any communication
to the effect mentioned in the question, or that I did so in any other place. I do not recollect of hear-
ing intimation given in Kildalton Church, that the witnesses were to retire, excepting hearing a
member of the Court telling Aichibald Campbell to leave the Court, if he was to be a witness. De-
K pones, I was precognosccd during the present sittings of the Presbytery, that is, since the Presentee's proof
commenced.
Interrogated by the Court? — ^Depones, I am aware that the late Mr Mackay was teacher and^
PROOF F0& THK OKHBOTOBS.
79
and of which they have been allowed a proof by the interlocutor of relevancy to which they now refer. A
In the first objection they state that the Presentee has rarely, if ever, an En^ish servioey ''and that he
is not qualified to conduct such service with easa"
2d, Their 5th objection is, ''that his pronunciation b indistinct)" and that ol|)ection also is
involved in the present question.
3d, It is therefore clear that their objections are not confined to any particular time or place, and
certainly not to the occasions on which the Presentee preached at Kildalton, but are, if true, applicable B
to him at all times.
4th, The Objectors themselves have shown that they did not consider themselves limited to wit-
nesses from the Pariah of Kildalton, for they have brought a Free Church fisherman from Tobermory,
and a Free Church cobbler from the same place, to establish their objections. And not contented witii
the valuable evidence of these parties, they have adduced a youthful student of divinity firom Qlasgow,
who refused to state his age, and who never was a parishioner of the Parish of Ealdalton. It is out of O
the question, therefore, for the Objectors to nuse this frivolous objection to the question put to the
present witness, for although Mr Henderson does not reside in the Pariah of Kildaltoil, his residence is
in a parish immediately adjoining, and part of Mr Morrison's estate under Mr Henderson's charge is
situated within the Parish of Kildalton, and he has therefore an interest in the parish which none of
the extra-parochial witnesses adduced for the Objectors have; in any view, however, taldng the ttems
of the objections as they stand, it is a matter of no earthly consequence whether the witness resides in I>
the Parish of Killarrow or in the Parish of Edlmamock, or when or where he heard the Presentee preach;
and if the Objectors are anxious to know these circumstances, they are quite entitied to bring them out
in cross-examination; or if they choose, the procurator for the Presentee will follow up his question
by others which will expiscate everything that they can desire.
Parties being removed, the Presbytery, after reasoning, sustain the objection, and refuse to allow
the question to be put^ the Bev. Mr Macdonald dissenting, and the Rev. Mr Mackenzie declining to K
vote. Against which finding the agent for the Presentee protested and appealed to the ensuing meet-
ing of the General Assembly, took instruments and craved extracts, which were allowed for reasons to
be given in in due time; and seeing that the procurator for the Presentee has been prevented by the
above judgment from leading evidence of a most important character, in exactly the same circumstances
as with regard to witnesses examined on the side of the Objectors, and to refute objections which have
been sent to probation, he declines to put any further questions to the witness, or to adduce him quoad Y
uUrOy and leaves the responsibility of the rejection of this competent evidence with the Presbytery.
The agent for the Objectors proposed to cross-interrogate the witness with reference to his designation^
and also with reference to the evidence elicited from Mm, when that course was objected to by the agent
for the Presentee ; and thereafter the following question was proposed to be put to the witness, vi&y
Where do you reside?
The procurator for the Presentee stated that since he has been shut out from leading any proof (1
to show the groundless nature of the general objection stated against the Presentee, which have been
allowed to be supported by extra-parochial and other witnesses, on the part of the Objectors, to the
fullest extent, and thereby the Presentee has suffered substantial injustice in the conduct of his proof,
by the exclusion of Mr Henderson, who, although he is not acquainted with the Gaelic, is eminently
qualified to speak to the objection urged against the Presentee's qualifications to preach in English.
He declines to allow the witness to be adduced for the partial purposes of the Objectors. He, at the H
same time, to remove any pretext, on their part, with regard to this declinature, admits Mr Hender-
aon's residence is at Eallabus, near Bridgend, in the parish of Killarrow, and Island of Islay ; and the
flaid procurator also admitted that the witness never heard the Presentee preach within the parish of
Kildalton^ and that the occasion on which he heard him preach was subsequent to the period at whidi
tlie Presentee preached«his trial discourses. — ^All which is truth, as I shall answer to God.
(Signed) Jahes Hendsbson. I
Jambs Dewab, Modr.
Jabjes Dewae, Clerk P.T.
At Post-Ellen, Tenth March, Eighteen Hundred and Fifty-nine, Seven o'clock p.il
K
Ee-compeared the said Duncan MacCuaio, who, being again solemnly sworn and examined at .
witness for the Presentee, and the Call being again placed in his hands, and being again requested
i
PROOF FOR THE PRESENTEE.
A instruct yoar niiiid. Depones^ as to their composition, I thought they were well composed, and I felt
myself very much instructed by them. Depones, I was satisfied with the Presentee's manner of con-
ducting the church services on all the occasions referred to. I observed no want of connection between
the texts and the subjects of discourses, or between the subjects themselves. Depones, I could discover
no want of seriousness in the offering up of the prayers, or in conducting the other services. DeponeB,
I found the psalms and texts veiy ^sily, with the exception of one, and I blame myself for not being
B able to find it out, as my mind was not properly engag^ at the time. I found no indistinctness in the
Pk'esentee's pronunciation, and I recollect the first time I heard him read English, I was struck witb
ihe pure pronunciation of his English.
Being interrogated, do you consider the Presentee qualified to be your minister? depones, I cer-
tainly do. I signed the Call. Mrs MacCuaig and two of my daughters are communicants, and they
also have signed the CalL Depones, I know the parish of Kildalton pretty wclL I have seen the
C Presentee frequently since ho came to Islay, and I think he is a strong, vigorous man, in the prime of
life. I have no doubt of it, and have no cause to doubt it. With reference to my signatures
as witness to the mandates, I depone that the parties whose signatures I witnessed, whether by mark
or by a full subscription, signed freely and voluntarily, and with the perfect knowledge of what they
were signing for; and I depone that these mandates were publicly lying at the Steamboat Tavern fer
signatures in the same way as any other document of a public nature. The Steamboat Tavern is a dis-
D timet establishment from the Hotel, and situated in a different part and in a central situation of the
town. It is under the charge of a person of the name of Archibald Macarthur.
Being shown the Call, and requested to go over the names of the parties thereto—
At this stage of the proceedings, it being half-past 11 o'clock p.m., the Court, which met at 11
o^dock A.M., resolved to luljouni till to-morrow. — ^All which is truth, as I shall answer to God.
S (Signed) Dun. MAcCuAia
James Dswab, Modr.
James Dewab, Clerk P.T.
At Port-Ellen, 10th March, 1859.
r
Compeared Jamks Henderson, Esq., Factor for Charles Morrison, Esq. of Islay, was bemg
solemnly sworn and examined as a witness for the Presentee, depones, I have heard ^e Presentee
preach in English on one occasion.
Interrogated. — Did he conduct the services on that occasion with ease, and did you distinctly
understand and follow hun? To which question the agent for the Objectors objected on the following
0 grounds: —
1st, That the question is too vaguely stated, as neither time nor place is specified, when and
where the services referred to took place, and the services referred to, for ought that is indicated in fh»
question, may have taken place yesterday, or twenty years ago, or in any part of the country.
2d, Tliat the objections referring to the services of the Presentee are confined to the three services
which he conducted in the Kildalton Parish Church, on the occasions when he preached his trial disr
courses, and are confined to the parishioners of the parish of Kildalton.
3rd, Because the question as put is an attempt to introduce evidence of an eictrinsic nature, as
dearly indicated by the couceahnent of Mr Henderson's residence in giving Ms designation, it being
well known that he resides within the parish of Bowmore, or rather Killarrow, and that he is not a
parishioner of Kildalton ; and as further indicated by the absence of all mention of the place where
the services referred to in the question were listened to, and also of the date when these services were
J heard.
4th, If the question refers to services which took place after the parties joined issue, or if they
did not affect the parishioners of Kildalton, any evidence in regard to these is altogether irrelevant and
improper.
5th, That the pi-oi>osed question does not fall within the interlocutor of proo^ and is not coi\junct
to any evidence led on behalf of the Objectoi-s.
Answered. — Ist, The Objectors have shown, by the numerous attempts which they have made to
exclude the most competent evidence, that they wish to object to everything tending to show the utter
woitiilessness of their objections. The question now put is in the precise terms of their own objections^
PROOF FOB THE PRESENTEE.
81
Interrogated. — ^Is it matter of notoriety that the great body of the people of the parish are A
^Yonrahle to the Presentee? Depones, it is so. Depones, I recollect of seeing a man of the name of
I>imcan Sinclair sign one of the mandates at the Steamboat Tavern, which I think was by mark, and
Mr John Macdonald, officer of Inland Reyenue, was present on the occasion. It was signed at the
Steamboat Tavern ; but Sinclair had previonsly called at my house, and said that he wish^ to put his
]iame to the Call; and he and I went together to the Steamboat Tavern where the mandate was lying
pablidy for signatures. B
Interrogated. — ^Did any of the parties who are now Objectors state to you before the Presentee
preached his trial discourses, that they intended to oppose his settlement in the said parish, and
particularly did Mr Walter Graham do so ?
Whereupon it was objected to the competency of the question by the agent for the Objectors, for
the reasons stated to a similar question put to the witness John Madntyre.
Answered. — ^The procurator for the Presentee holds his answer to ike objections taken to a similar C
question put to the said John Macintyre as repeated.
Parties being removed, the Presbytery, after reasoning, sustained the objection, and refuse to allow
the question to be put, the Moderator dissenting for the reasons stated by him, when a question of a
similar tendency was put to the witness John Frazer. Against which finding the procurator for the
Presentee protested and appealed for the following and other reasons to be stated at the discussion of
this appeal : — Ist^ That the question is competent, and has a material bearing upon the case, as tending D
to instruct that opposition was intended to the Presentee previous to his preaching his trial discourses
at Kildalton as aforesaid. Depones, I was present at a meeting held within Ihe Parochial School-
House at Port-Ellen, at which Mr Colin Hay, Mr Wul Hunter, and Mr Walter Graham, and other
Objectors were present This was previous to the Presentee's preaching his trial discourses at Eil-
dblton.
Interrogated. — Did you hear statements made at that meeting by any of the Objectors to the E
effect that the settlement of the Presentee ought to be opposed? To the competency of which question
it was objected by the agent for the Objectors, for the reasons stated to a similar question put to the
witness John Frazer, and which are here held as repeated.
Answered. — ^The procurator for the Presentee holds his answer to the objection to the question
pat to the witness John Frazer as repeated.
Parties being removed, the Presbyteiy, after reasoning, sustained the objection, and refused to F
allow the question to be put, the Moderator and Mr Mackenzie dissenting. Against which finding the
procurator for the Presentee protested, and appealed tU mpra, for the reasons stated against the ddiver-
ance pronounced upon the previous objection, and which he here holds as repeated.
Depones, I was present in the Church of Kildalton on the day on which the Call was moderated in.
Interrogated. — Did you hear Mr Walter Graham state publicly in the church, after the Call was
xead by the Cieik, that there was no person to sign it^ and that it would &11 to the ground? To the G
competency of which question the agent for the Objectors objected, for the reasons stated to a similar
qaestion put to the witness John Frazer, which are here held as repeated.
The procurator for the Presentee holds his answer to a similar question in the case of the witness
John Frazer as repeated.
Parties being removed, the Presbytery sustained the objection, and refused to allow the question
to be put^ the Moderator and Mr Macdonald dissenting. H
Whereupon the procurator for the Presentee protested, and appealed ut mpra^ holding his reasons
of protest and appeal against the deliverances pronounced upon the previous objections as repeated.
Interrogated. — Did you see any person sign the objections upon the day in question in a state of
intoxication?
To which question it was objected by the agent for the Objectors, that the question is incompetent,
in respect it goes to impugn the integrity of the objections which have been sustained, and the trans- I
motions at the time the objections were signed, and it has not been admitted to probation.
Answered. — ^The question is perfectly competent, and has been already put to two previous witnesses
^without any objection.
The parties being removed, the Presbytery, after reasoning, repel the objection, and allow the
qaestion to be put^ against whidi deliverance the agent for the Objectors protested, and appealed tU
mtpra, for the reasons above stated in the objection to the competency of the question, and for other E
feasons to be urged at the bar of the General Assembly, in support oi this appeal And the question
being put, depones, I saw a person signing the objections in a state of tipsiness, but I cannot say he
82
PBOOF FOB THE PBESfiHTEE.
A was intoxicated. The man was making geatores in the churchy and withdrew himself widi the sapport
of the seats, to the door, and Mr Hay assisted him out of the churcL
Being shown the New Statistical Acconnt of Scotland, by the Parochial Ministers of Sootland,
published in 1845, and referred to the account given of the Parish of Eildalton, yoL 7, page 664, and
xrferred to the following passage therein having reference to said parish, viz.: — The language geneiaDlf
spoken is Gaelic, which does not appear to have gained or lost ground for the last forty year% mbum
B can be ascertained. The customs and amusements of the people are similar to those which gaomOj
prevail in the Highlands;" and being asked whether he concurs in this statement, and whether the same
holds true at the present time ? Depones, it is all Gaelic in Oa; but there may be a little difference in the
Parish of Kildalton. I concur in the statement contained in the StatisticiEd Account. Deponei^ the
Parish of Kildalton is principally a Gaelic speaking parish.
At this stage, and in consequence of the lateness of the hour, the Presbytery a4)oam the fiuiher
C examination of the witness till next diet
The procurator for the Presentee reserves his right to conclude his examination of the witneaiL —
AU which is truth, as I shall answer to God.
(Signed) DuK. MacCuaio.
James Dxwax, Modr.
Ja3C£8 Dewab, Clerk P.T.
D
At Port-Ellkx, Twenty-second day of March, Eighteen Hundred and Fifty-nine^
Be-eompeared the said Dungak MacCitaio, who, being again solemnly sworn and re-exandiMd
as a witness for the Presentee, and his former deposition both in inUialilnu and in causa having besB
E read over to him, he £Eurther depones as follows : — know James Robertson, shepherd, at ConubuL
Interrogated. — Do you see the name of the said James Robertson subscribed to the objections f
Depones, I saw him subscribe the oljections in the Church.
Interrogated. — ^Are you aware that the said James Robertson was allowed to remain on the list of
Objectors, and that he was not and has not become a parishioner of the parish of Kildalton ?
Whereupon the agent for the Objectors objected to the competency of the question, in respvi^
F 1st, That on the face of the question itself the party referred to was allowed to remain on the list of
Objectors, thereby implying tiiat the Presentee consented to his having him received as an objector by
the Presbytery ; and the Presentee is not now entitled to object to what he formerly allowed, or to
take any advantage whatever of the course of conduct which he saw fit to pursue at the meetings of
Presbytery, when the relevancy of the objections and the right and title of the Objectors foil to be
considered and disposed o£
Q 2d, That the tendency of this question is to disturb the deliverance of the Presbytery fnHftini"g
the relevancy of the objections, and the parties who were in right to object
3d, The Presbytery are not entitled to review their own judgment, and Robertson's ri^t to be
an objector is re$ judicata. The Objectors hold, as repeated, the reasons stated by them in their
objection to a question of a similar tendency and effect put to the witness John Eraser.
Answered, the deliverance of the Presbytery, referred to by the Objectors, merely fixed the rde-
H vancy of the objections themselves; but it did not, and could not sustain the right of any parties with-
out proof to be objectors to the settlement of the Presentee. Neither the Presentee, nor his agent w»
aware that the individual in question was not a parishioner, and could not^ therefore, at the time^ eren
if it were necessaiy, state any objection against his remaining as an objector. The Preebyteiy only
found that a certain number of parties, whose names appeared at the objections, were on the eoa-
mnnion roll produced, but they did not find, and could not l^ally do so, that such parties were entitldl
I to the status of Objectors, that point being just as much a matter of proof as the truth of the olijeeliflH
themselves. The Presentee avers» and is ready to prove, that the said James Robertson is not a psriwhinT
of the Parish of Kildalton, and never was so.
Parties being removed, the Prcsbyteiy, after reasoning, sustained the objection, and disallowed tte
question.
Wherei^MU the procurator fat the Presentee protested and appealed mpra^ for tlie fidlom^
K and other reasons to be stated at the discussion of this appeal: —
Ist) That the Presentee is entitled, at any stage of the proo^ to disprove the objeetions^ as wiDm
the right of any party to be considered as an objector.
PROOF FOB THE PRESENTEE.
81
Intenogated. — ^Is it matter of notoriety that the great body of the people of the parish are A
-fiaTonrable to the Presentee? Depones, it is so. Depones, I recollect of seeing a man of the name of
Duncan Sinclair sign one of the mandates at the Steamboat Tayern, which I think was by mark, and
Mr John Macdonald, officer of Inland Reyenue, was present on the occasion. It was signed at the
Steamboat Tayem ; bat Sinclair had preyionsly called at my house, and said that he wish^l to put his
name to the Call ; and he and I went together to the Steamboat Tayem where the mandate was lying
pablidy for signatures. B
Interrogated. — ^Did any of the parties who are now Objectors state to yon before the Presentee
preached his trial discourses, that they intended to oppose his settlement in the said parish, and
particularly did Mr Walter Graham do so ?
Whereupon it was objected to the competency of the question by the agent for the Objectors, for
the reasons stated to a simUar'question put to the witness John Madntyre.
Answered. — ^The procurator for the Presentee holds his answer to ike oljections taken to a similar C
question put to the said John Madntyre as repeated.
Parties being remoyed, the Presbytery, after reasoning, sustained the objection, and refuse to allow
the question to be put, the Moderator dissenting for the reasons stated by him, when a question of a
similar tendency was put to the witness John Frazer. Against which folding the procurator for the
Presentee protested and appealed for the following and other reasons to be stated at the discussion of
this appeal : — Ist^ That the question is competent^ and has a material bearing upon the case, as tending D
to instruct that opposition was intended to the Presentee previous to his preaching his trial discourses
at Eildalton as aforesaid. Depones, I was present at a meeting held within the Parochial School-
House at Port^Ellen, at which Mr Colin Hay, Mr Wul Hunter, and Mr Walter Graham, and other
Objectors were present This was previous to the Presentee's preaching his trial discourses at Eil-
daltoiL
Interrogated. — Did you hear statements made at that meeting by any of the Objectors to the E
effect that the settlement of the Presentee ought to be opposed? To the competency of which question
it was objected by the agent for the Objectors, for the reasons stated to a similar question put to the
witness John Frazer, and which are here hdd as repeated.
Answered. — ^The procurator for the Presentee holds his answer to the objection to the question
put to the witness John Frazer as repeated.
Parties being removed, the Presbytery, after reasoning, sustained the objection, and refused to F
allow the question to be put, the Moderator and Mr Mackenzie dissenting. A^dnst which finding the
I^ocurator for the Presentee protested, and appealed tU supra, for the reasons stated against the deliver-
ance pronounced upon the previous objection, and which he here holds as repeated.
Depones, I was present in the Church of Kildalton on the day on which the Call was moderated in.
Interrogated. — Did you hear Mr Walter Graham state publicly in the church, after the Call was
lead by the Clerk, that there was no person to sign it^ and ^t it would &11 to the ground? To the G
competency of which question the agent for the Objectors objected, for the reasons stated to a similar
question put to the witness John Frazer, which are here held as repeated.
The procurator for the Presentee holds his answer to a similar question in the case of the witness
John Frazer as repeated.
Parties being removed, the Presbytery sustained the objection, and refused to allow the question
to be put^ the Moderator and Mr Macdonald dissenting. H
Whereupon the procurator for the Presentee protested, and appealed ut mpra^ holding his reasons
of protest and appeal against the deliverances pronounced upon the previous objections as repeated.
Interrogated. — Did you see any person sign the objections upon the day in question in a state of
intoxication?
To which question it was objected by the agent for the Objectors, that the question is incompetent,
in respect it goes to impugn the integrity of the objections which have been sustained, and the trans- I
actions at the time the objections were signed, and it has not been admitted to probation.
Answered. — ^The question is perfectly competent, and has been akeady put to two previous witnesses
without any objection.
The parties being removed, the Presbytery, after reasoning, repel the objection, and allow the
question to be put, against which deliverance the agent for the Objectors protested, and appealed ut
Mpra, for the reasons above stated in the objection to the competency of the question, and for other E
raaouB to be urged at the bar of the General Assembly, in support of this appeal And the question
being put, depones, I saw a person signing the objections in a state of tipsiness, but I cannot say he
L
82
PBOOF FOB THE PBESfiNTEE.
A was intoxicated. The man was making gestures in the choroh, and withdrew himoAlf^ with the support
of the seats, to the door, and Mr Hay assisted him oat of the chorcL
Being shown the New Statistical Account of Scothmd, by the Parochial Ministers of Scotland^
published in 1845, and referred to the account given of the Parish of Eildalton, voL 7, page 664, and
rrferred to the following passage therein having reference to said parish, viz.: — The language geneially
spoken is Gaelic, which does not appear to have gained or lost ground for the last forty years, as far as
B can be ascertained. The customs and amusements of the people are similar to those which generally
prevail in the Highlands;" and being asked whether he concurs in this statement, and whether the same
holds true at the present time? Depones, it is all Gaelic in Oa; but there may be a little difference in the
Parish of Eildalton. I concur in the statement contained in the StatisticEd Account. Depones, the
Parish of Eildalton is principally a Gaelic speaking parish.
At this stage, and in consequence of the lateness of the hour, the Presbytery adjourn the further
C examination of the witness till next diet.
The procurator for the Presentee reserves his right to conclude his examination of the witoesa —
AU which is truth, as I shall answer to God.
(Signed) DuN. MacCuaio.
James Dewax, Modr.
Ja3£E8 Dewae, Clerk P.T.
D
At Port-Ellkx, Twenty-second day of March, Eighteen Hundred and Fifty-nine.
Be-eompeared the said Dungak MacCitaio, who, being again solemnly sworn and re-examined
as a witness for the Presentee, and his former deposition both in initialibus and in causa having beeD
E read over to him, he farther depones as follows : — I know James Robertson, shepherd, at ComibaflL
Interrogated. — Do you see the name of the said James Bobertson subscribed to the objectiona f
Depones, I saw him subscribe the objections in the Church.
Interrogated. — ^Are you aware that the said James Bobertson was allowed to remain on the list of
Objectors, and that he was not and has not become a parishioner of the parish of Eildalton ?
Whereupon the agent for the Objectors objected to the competency of the question, in respect^
F 1st, That on the face of the question itself, the party referred to was allowed to remain on the list of
Objectors, thereby implying Uiat the Presentee consented to his having him received as an objector by
the Presbytery ; and the Presentee is not now entitled to object to what he formerly allowed, or to
take any advantage whatever of the course of conduct which he saw fit to pursue at the meetings of
Presbytery, when the relevancy of the objections and the right and title of the Objectors fell to be
considered and disposed o£
Q 2d, That the tendency of this question is to disturb the deliverance of the Presbytery sustaining
the relevancy of the objections, and the parties who were in right to object
3d, The Presbytery are not entitled to review their own judgment, and Robertson's right to be
an objector is res Judicata, The Objectors hold, as repeatec^ the reasons stated by them in their
objection to a question of a similar tendency and effect put to the witness John Eraser.
Answered, the deliverance of the Presbytery, referred to by the Objectors, merely fixed tJie rele-
H vancy of the objections themselves; but it did not, and could not sustain the right of any parties with-
out proof to be objectors to the settlement of the Presentee. Neither the Presentee, nor his agent was
aware that the individual in question was not a parishioner, and could not^ therefore, at the time, even
if it were necessary, state any objection against his remaining as an objector. The Presbytery only
found that a certain number of parties, whose names appeared at the objections, were on the com-
numion roll produced, but they did not find, and could not l^ally do so, that such parties were entitled
I to the status of Objectors^ that point being just as much a matter of proof as the truth of the objectiaai
themselves. The Presentee avers, and is ready to prove, that the said James Bobertson is not a pariahioiier
of the Parish of Eildalton, and never was so.
Parties being removed, the Pi-csbytery, after rc<isoning, sustained the objection, and disallowed tlM
question.
Whereupon the procurator for the Presentee protested and appealed tU suprOy for the following
E and other reasons to be stated at the discussion of this appeal: —
1st) That the Presentee is entitled, at any stage of the proo^ to disprove the objectionfl^ as wall as
the right of any party to be considered as an objector.
PROOF FOB THE PEESENTEE.
85
Beiug interrogatecL — How do yon know one of the EngUah diBOOnnes was about death and JL
the resurrection i Depones, I know, becanse I heard it in the church.
Interrogated. — ^With reference to your previous answer, that you were present in Court when Mr
James Stuart was examined, did you hear him describe one of the discourses as on ''Death and the
Besurrection,*' and did you take any note of that subject of discourse, either by listening to the
evidence or reading the report of it in the newspapers ? Depones, With reference to the first part of
the question, I have to say that I have no recollection, and I give the same answer with reference to B
the second part
Interrogated. — Do you recollect of the Presentee saying, in the course of any of the discourses,
anything about the shovelling of the bones of our forefathers to make room for our own )'* Depones,
I do not recollect it clearly.
Interrogated. — ^What precise meaning did you attach to your answer, that you considered the dis-
courses were well composed, and in what respect were they so ? Depones, The answer is within itself C
being well composed." That is my answer to the first part of the interrogatory ; and with reference
to the second part, I have to say that they were composed of pure Scripture references or quotationsL
Depones, My answer as to the mandates, and the signing of them, as recorded on page 219 of the
proof for the Presentee, applies to the names written on the mandate Na 2, that is, from the top
down to my signature, beginning '' James Livingston " and ending '' John Macniven." Depones, All
these names were adliibited in the Steamboat Tavern. Being shown the mandate marked No. ^ I>
depones. The above answer-in-chief applies to the six names wMch precede my signature as witness ;
and I think these parties signed in my hotel, and I am sure I saw them all sign ; and I make this
statement from seeing my subscription there as a witness.
Being interrogated. — Do you know the " Margaret Mackerrol whose name appeared at the last
mentioned mandate on a parallel line with your signature ? Depones, The person referred to is an
unmarried woman residing in Port-Ellen, the daughter of Archibald Mackerrol, tailor, Bowmore. K
Depones, The said Market Mackerrol is a pauper, and I do not know what church she attends, and
I do not recollect whether I have seen her attending Kildalton Church or not Depones, I think the
mandate lay in the Steamboat Tavern firom the day the Call was moderated in, or shortly thereafter^
till the expiry of the period allowed by the Presbytery. Depones, I do not recollect whether any
paper was read over to the parties who signed in my presence, but they knew veiy well what they
were signing. F
Interrogated with reference to your answer that it is matter of notoriety that the great body of
&e people of the Parish are favourable to the Presentee, do you refer to parties you have yourself
come in contact with? Depones, Yes.
Interrogated. — Are the parties whom you refer to among the names adhibited to the Callt
Depones, I mean those who have signed the Call, and several others.
Interrogated and requested to specify the names of the parties whose names are not subscribed S
to the Call, to whom you have referred as being favourable to the Presentee. Depones, Malcohn
Sinclair, elder, and his son John, John Carmichael, Balvicar, Alexander Macdougail, steam-boat agent^
Port-Ellen, also his wife and father, and others whose names I do not remember just now. Depones^
with regard to Malcolm Sinclair, I had a meeting with him, when he dedared that he was favourable
to the Presentee. Depones, Malcolm Sinclair spoke to me on this subject on one of the days he was
S[)ing to hear the Presentee preach one of his trial discourses, and this took place near to my own H
ouse at Port-Ellen.
Interrogated. — ^Does Alexander Macdougail, steam-boat agent, attend the Free Church in Port-
EQen, and has he done so both before and since the Presentee preached? Depones, While he lived at
Ardbeg he regularly attended the Established Church and has heard the trial discourses of the
Presentee, but whether he had been in the Free Church or not since that time, I do not know.
Depones, I think it will be about two years since Macdougail removed from Ardbeg to Port-£llen. X
Interrogated. — Have you seen Macdougail once in Kildalton Church attending divine service,
except on the occasions on which the Presentee preached his trial discourses^ since the time he left
Ardb^] Depones, I do not remember whether I did or not
Interrog^ed. — How many of the Presentee's trial discourses did Macdougail hear to your know-
ledge? Depones, I do not know.
Interrogated. — ^Did you see Macdougail in church on any of the occasions on which the Presentee K
preached his trial discourses f Depones^ I do not remember that I saw him, but he himself told mo
84
PROOF FOB THE PRESENTEE.
A Interrogated. — Do yon veooUect the subject of the discoaxses, both English and QaeUc, preached
on the Ist of August Depones, I will refer to notes which I now hold in my hand.
Being interrogated, and requested to state when were these notes written and by whom, depones^
They were written by me, but I cannot state the precise date when I wrote them. Depones, the notes
I refer to were written by me since the Presentee preached his trial discourse& Depones, I am not
sure whether these notes were written since the meeting of Presbytery of 8th September. Depones^ I
B camiot say whether the said notes were written before or after the 15th October last, when Mr Graham
was examined.
Interrogated. — ^Were the notes referred to written since the meeting of Presbytery of 25th NoTem-
berf Depones, I really do not recollect the date on which they were written, and I will not swear
whether they were written before or since the date last mentioned.
Interrogated. — Are you prepared to state whether the notes referred to were written before or
C since James Mackerrol was exammed on the 1st December. Depones, I am not prepared to state that.
Interrogated. — ^Were the notes referred to written since the meeting of Presbytery of 26th January
last? Depones, I stated already that I do not remember the date on wMch the notes were written.
Being interrogated, and requested to say yea or nay to the last question put Depones, I rather
think the notes regarding the Pfes^tee's trial discourses were written before the 1st January last^ but
I am not quite sure.
D Interrogated. — ^Were the notes not written since the 26th of January last? Depones, I do not
recollect.
Being interrogated. — ^Were or were not the notes referred to taken from the published reports in
the newspapers of the proof led in this case? Depones, I do not recollect whether said notes were or
were not taken from the public prints. Depones, the said notes have been taken upon paper contain-
ing other memoranda referring to private affiurs of my own, and I therefore cannot deliver them up.
E Being interrogated. — Can you, from your own unassisted memory, state what the Presentee was
preaching about on the seversd occasions on which you heard him preach in Kildalton Church. De-
pones, I cannot speak to the whole of the discourses, as my memory is not capable of retaining so
much after the lapse of so many months. Depones, I recollect of the first Gaelic sermon taken horn
the book of Psalms, and there the 66th Psahn. Depones, the subject of that discourse was the
dividing of the waters, and bringing the people upon dry land. Depones, one of the English dia-
F courses was about death and the resurrection.
Being interrogated. — Can you give the text from which that subject was preached? Depones, I
cannot with certainty, the time being so long, and I decline to answer further upon that subject
Being interrogated. — ^Were these discourses preached on 1st, 2d, or 3d occasion you heard the
Presentee? Depones, I decline to say. Depones, I recollect the subjects of some of the other four
discourses preached. The text of one was taken from 1st Samuel, and if I recollect right, the chapter
O was the 10th, and the verses, the last two. I believe that was a Gaelic discourse, but I am not veiy^
sure. I think this last was preached on the Tuesday, so &r as I recollect.
Interrogated, and requested to state if you can, what were the subjects and texts of the othyi i
discourses? Depones, I decline to say.
Being interrogated, and requested to state why you decline to answer the above question? Be ^
pones, I have alreisidy told you, that after six or seven months, I cannot speak clearly of sermcms o^m
H which I took no notes at the time of hearing them. — ^All which is truth, as I shall answer to God.
(Signed) Dun. MacCuaio.
Jambs Dewab, Modr.
James Dbwab, Clerk P.T.
I At PoBT-EuJEBT, Twenty-third March, Eighteen Hundred and Fifty-nine.
Re-compeared the said Duncan MacCuaio, who being again solemnly sworn and cross-examineS
for the Objectors, and interrogated. — ^With reference to your answer-in-chief, that you thought tb9
discourses were very well composed, and that you felt yourself very much instructed by them, are yom
prepared to give any other illustrations than those deponed to already ? Depones, 1 would ratheV not
£ give any other illustration than what I have already given as to the composition of the discourses, or
the instruction I received, owing to the length of time (upwards of seven months) that has elapaedL
since I heard them, and I refer to the discourses themselves.
PROOF FOB THE PBE8EKTEE.
Bt
Being shown the said book, and referred to page 664, and there to the following passage: — ^ A A
number of people have also congregated in the village of Port-Ellen, which contains at present a popa-
lation of 673; and interrogated, Do you concur in that statement? depones, according to my estimate^
I think that the number 673 is rather under than above the mark. Depones, I think the present popu-
lation of Port-Ellen and suburbs is about 1100. In the suburbs I include Mr Ramsay's distillery, and
a fEunily at Tyndrum. The number of individuals in the suburbs will not exceed 100.
Being interrogated, and requested to state what will be the increase of the population in Port- B
Ellen since 1845. Depones, I do not think that the increase since 1845 will exceed two hundred or
three hundred. Depones, I do not think there has been any increase in the rural parts of the parish
since 1851; but it is possible that there has been an increase since 1845, but we have had emigrations
several times since then, and the increase in the village chiefly consists of labourers and paupers.
Being shown the following passage at the foot of page 665 of the said book, which is as follows:
" The Pansh Church is built nearly in the centre of the parish, and is conveniently situated for the O
greater number of the parishioners since the parish has been divided, but a good many of the inhabi-
tants are from eight to ten miles from it ;** and interrogated, Do you concur in the statements contained
in the said passage? depones, Very few of the parishioners reside beyond five miles from the Parish
Church, and the principal number is within three miles ; and with that difference, I concur with the
statements in said passage. — All which is truth, as I shall answer to God.
Further depones. In addition to the number of the population at Port-Ellen given by me, there D
are a few shopkeepers now more than there were in 1845, and I consider the number 673 is more
likely to have been taken from the census of 1841. — All which is truth, as I shall answer to God.
(Signed) Dun. MacCuaio.
James Dewab, Modr.
James Dewab, Clerk P.T. K
At Pobt-Ellen, 24th March, 1859.
Re-compeared the said Duncan MacCuaig, who being again solemnly sworn and examined, and
the following question with reference to a few lines of introduction which the witness stated the Pre- p
sentee brought to him from Mr Black, Tobermory, being interrogated, and requested to produce the
letter referred to having been repeated, the Presbytery having resumed consideration of the interroga-
tory, after reasoning, refused to allow the same to be put, and of consent of parties this judgment is
held to apply to a similar question put to Alexander MacCuaig, a witness examined for the Presentee.
Whereupon the agent for the Objectors protested and appealed ut supra, for the following among
other reasons, to be plM at the Bar of the General Assembly in support of said appeal: — Ist, That q
the production of the letters brought from Mr Black to the witnesses Alexander MacCuaig and Duncan
MacCuaig, and delivered to these witnesses by the Presentee himself, is necessary in order to show how
far their conduct and evidence delivered by them in connection with the case, may have been influenced,
and it is necessary that the Court should be possessed of all documents and circumstances of a relevant
nature affecting the witnesses, to enable them to judge how far their evidence may be the result <^
their own observations, unbiassed by any extraneous influencea ^
The procurator for the Presentee, while acquiescing in the soundness of the judgment pronounced
by the Presbytery, took no objection to the question, as it is a matter of perfect indifference whether
the letters were produced or not, being mere notes of introduction, as stated by the witnesses them-
selves.— ^All which is truth, as I shall answer to God.
(Signed) Dun. MacCuaio.
Jambs Dewab, Modr. i
James Dewab, Clerk P.T.
At Pobt-Ellen, 24th March, 1859, 8 o*clock p.m.
Compeared Thomas Abmstbong, Shepherd to John Ramsay, Esq. of Eildalton, and residing si ^
Skye House, Parish of Kildalton, who being solenmly sworn and examined as a witness for the
Presentee, depones, I came from the parish of Canobie, in the county of Dumfries, and I do not know
#
86
PROOF FOR THE PRESENTEE.
Ji he was there. Depones, There is a person named John Macmillan, Port-Ellen, who is indnded in mj
answer as to notoriety.
Interrogated. — Does yonr deposition as to notoriety apply to any other individuab besides those
yon have referred to? Depones, I decline to add any more names just now.
Have you had any transactions with Duncan Sinclair, referred to in page 237 of this
proof, and do you know whether he can sign his name by full subscription? l3epones, I have
B had no transactions of any consequence with him, and I do not know whether he can sign his
name by fiill subscription.
Interrogated. — On one of the days on which the Presentee preached, did you, or did you not
inquire of any person what was the distinction between Saul of the New Testament and Saul of
the Old Testament, the said question having reference to the subject of one of the Presentee's dis-
courses? Depones, I did not.
O Interrogated. — If on the day the Call was moderated in, there was some degree of excitement in
Xildalton Church, and did you yourself make any observations or exclamations in the hearing of the
people assembled? Depones, The Call had been written in English by the Clerk, and read to the
people in that language, upon which I made a request that it should be translated into Gaelia
Interrogated. — ^Did you, on the occasion referred to, speak aloud to the people assembled, to the
following effect: — ^'That Mr Morrison was about to set work agoing in the parish, and that the people
D need not be afraid to sign the Call, as they would have plenty of work," or words to that effect? De-
pones, I never said that, nor used expressions of a similar tendency.
Interrogated. — ^To whom do you refer in your answer that you saw a person signing the objec-
tions in a state of tipsiness? Depones, I refer to George Calder, one of Mr Graham's workmen.
J>epones, The objections were signed in presence of the Presbytery. Depones, I did not see Greorge Calder
partake of liquor on that day, but I saw him the worse of strong drink. Depones, I made no remark
£ to the Presbytery, or to any member thereof, at the time, or during the meeting of that day, nor did
take any means of drawing their attention to the circumstance.
Interrogated. — Since you did not see Calder partake of liquor on the day in question, did he ever
inform you that he had been drinking strong drink on that day? Depones, He did not.
Bdng interrogated. — Did you smell strong drink off Calder on the occasion referred to? Depones,
I did not, as he was on the one side of the communion table and I was on the other.
Interrogated did you see George Calder while in the act of signing the objections? Depones, I do
2iot recollect of having seen George Calder in the act of signing his name.
Interrogated. — Did you see George Calder, on the occasion referred to, approach the place where
the objections were being signed for the purpose of signing, and did he then and there require the sup-
port of the seats, or any other support? Depones, I did not observe him supporting himself by the
seats, until he was leaving the church after he had signed.
G Interrogated. — Did the Moderator, Rev. Mr Macfie, immediately overlook the signing of the objec-
tions? Depones, I observed him watching the names subscribed to the Call; but I did not watch
minutely while the objections were being signed.
Being interrogated, ^nd requested to reconcile your answer on page 243, viz., I saw a person sign-
ing the objections in a state of tipsiness, with your further answer-in-cross to this effect, " I do not
recollect of having seen George Calder in the act of signing his name." Depones, I know that George
H Calder signed his name as an objector, and was under the influence of strong drink in the church about
the same time.
Interrogated. — How long have you known George Calder, and what is his trade? Depones, I have
Imown him from his boyhood, and he is a cartwright to trade. Depones, I have known him for about
40 years.
Interrogated. — Has George Calder borne the character of being a quiet and inoffensive man ; and
I is it also consistent with your knowledge that he is a house proprietor in Port-Ellen? Depones, I never
flaw him quarrelsome, but whether or not he is a house proprietor at Port-Ellen I do not know. De-
pones, I never heard anything to the contrary of George Calder bearing the character of an honest man.
Interrogated. — With reference to your statement on page 244 and 245 of this proof^ you are re-
quested to state whether the Parish of Kildalton contains a larger English speaking population now than
it did in 1845, when the New Statistical Account of Scotland, which you refer to, was published?
X Depones, there may be a few more English speaking people now than there were in 1845. Depones,
there are in the parish five English day schools, in which English and Gaelic are taught, and one Gaelic
school.
PBOOF FOR THE PBESEKTEE.
Being shown the said book, and referred to page 664, and there to .the following passage:^'' A A
nnmber of people have also congregated in the village of Port-£llen, which contains at present a popa-
lation of 673; and interrogate, Do you concur in that statement) depones, according to my estunatet,
I tiiink that the number 673 is rather under than above the mark. Depones, I think the present popu-
lation of Port-Ellen and suburbs is about 1100. In the suburbs I include Mr Ramsay's distillery, and
a fiunily at Tyndrum. The number of individuals in the suburbs will not exceed 100.
Being interrogated, and requested to state what will be the increase of the population in Port- B
Ellen since 1845. Depones, I do not think that the increase since 1845 will exceed two hundred or
three hundred. Depones, I do not think there has been any increase in the rural parts of the parish
since 1851; but it is possible that there has been an increase since 1845, but we have had emigrations
several times since then, and the increase in the village chiefly consists of labourers and paupers.
Being shown the following passage at the foot of page 665 of the said book, which is as follows:
^The Pamh Church is built nearly in the centre of the parish, and is conveniently situated for the O
greater number of the parishioners since the parish has been divided, but a good many of the inhabi-
tants are from eight to ten miles from it;" and interrogated, Do you concur in the statements contained
in the said passage? depones, Very few of the parishioners reside beyond five miles from the Pariah
Church, and the principal number is within three miles; and with that difference, I concur with the
statements in said passage. — All which is truth, as I shall answer to God.
Further depones, In addition to the number of the population at Port-Ellen given by me, there D
are a few shopkeepers now more than there were in 1845, and I consider the number 673 " is more
likely to have been taken from the census of 1841. — All which is truth, as I shall answer to Qod
(Signed) Dun. MacCuaio.
James Dewab, Modr.
James Dewab, Clerk P.T. K
At PoBT-EzxEN, 24th March, 1859.
Re-compeared the said Duncan MacCuaig, who being again solemnly sworn and examined, and
the following question with reference to a few lines of introduction which the witness stated the Pre- p
sentee brought to him from Mr Black, Tobermory, being interrogated, and requested to produce the
letter referred to having been repeated, the Presbytery having resumed consideration of the interroga-
tory, after reasoning, refused to allow the same to be put, and of consent of parties this judgment ia
held to apply to a similar question put to Alexander MacCuaig, a witness examined for the Presentee.
Whereupon the aeent for the Objectors protested and appealed tU supra, for the following among
other reasons, to be plid at the Bar of the General Assembly in support of said appeal: — Ist, That q
the production of the letters brought from Mr Black to the witnesses Alexander MacCuaig and Duncan
MacChiaig, and delivered to these witnesses by the Presentee himself is necessary in order to show how
far their conduct and evidence delivered by them in connection with the case, may have been influenced,
and it is necessary that the Court should be possessed of all documents and circumstances of a relevant
nature affecting the witnesses, to enable them to judge how far their evidence may be the result of
their own observations, unbiassed by any extraneous influencea ^
The procurator for the Presentee, while acquiescing in the soundness of the judgment pronounced
by the Presbytery, took no objection to the question, as it is a matter of perfect indifference whether
the letters were produced or not, being mere notes of introduction, as stated by the witnesses them-
selves.— ^All which is truth, as I shall answer to Qod.
(Signed) Dun. MacCuaig.
James Dewae, Modr. i
James Dewae, Clerk P.T.
At Port-Ellen, 24th March, 1859, 8 o'clock p.m.
Compeared Thomas Aemsteong, Shepherd to John Bamsay, Esq. of Kildalton, and residing at k
Skye House, Parish of Kildalton, who being solenmly sworn and examined as a witness for the
Presentee, depones, I came from the parish of Canobie, in the county of Dumfries, and I do not know
#
90
PBOOF FOR THE PRESENTEE.
A Gaelic laDgaage, was there anytliiiig in his pronunciation or his delivery of the English language whidi
would lead you to suppose that he was not accuatomod to preach it with readiness and fluency ? De-
pones, if I did not know that he could preach in Qaelic, I would not know that he could do so from his
manner of preaching in English. Depones, with regard to the Qaelic, the Presentee preached with
equal ease and fluency. Depones, I was well satisfied with the Gaelic discourses. I signed the Call,
and I am quite satisfied that Mr Macintjrre is qualified to be my minister, both as a GadUc and English
B preacher.
Being interrogated. — ^Is it matter of notoriety that the great body of the people of the pariah are
fiiYourable to the Presentee. Depones, it is quite notorious.
Cross-examined for the Objectora — Depones, I have been in use to communicate with the Gaelic
portion of the congregation of Kildalton. Depones, I recollect very little of the services delivered faj
the Presentee, on account of the length of time that has elapsed. Depones, I was present in Court
O during the examination of the Objectors' witnesses. Depones, I heard part of Mr Colin Hay*s examina-
tion, sJso part of Miss Graham's examination, also part of Mr James Mackerrol's examination. Depones,
I was present when Mr Dugald Macdougall was examined, but I do not remember whether I heard
the whole of his deposition. I heard a part of Mr Duncan Macdougall's examination. I think I
heard Donald Jamieson examined. Depones, I have read the evidence led in this case as reported m
the newspapers.
D Be-examincd for the Presentee. — Depones, my mother prefers to communicate with the Gadie
congregation, and that is the reason I communicate with that congregation. I understand both Eng-
lish and Gaelic equally welL Depones, I went to hear the proceedings in Court out of mere curiodtj,
and I had no idea that I would be made a witness, and all those that were with me had the same
motives that I had. Depones^ anything that I may have heard in the Court or read in the newspapers^
has not influenced my mind to say anything, but what I believe to be true. — ^AU which Is truth, as I
E shall answer to God.
(Signed) Jessie MacCuaig.
Danl. Macfie, Modr. P.T,
James Dewae, Clerk P.T.
F At Pobt-Ellen, 28th March, 1859.
Compeared Donald Macphebson, residing in Port-Ellen, who being solemnly sworn and exa-
mined as a witness for the Presentee, depones, I am a drainer to Mr Ramsay. I am a commumcant
in the Parish Church of Kildalton, and I am married. Depones, I heard the Presentee preach his trial
discourses on two occasions in Gaelic in Kildalton Church on August last. Depones, I was veiy
G much satisfied with the Presentee's manner of conducting the church services.
Interrogated. — ^Do you consider Mr Macintyre qualified to be your minister, and did you sign the
Call? Depones, yes; and I signed the CalL
Interrogated — Is it matter of notoriety that the great body of the people are in &TOur of Mr
Macintyre? Depones, yes. Depones, I only attend the Gaelic services.
Cross-interrogated for the Objectors. — ^Depones, It is three years since I came to this parish.
H DepoDcs, I live in the flat above the Steamboat Tavern, and I am a tenant of Mr Duncan MacCoaig't.
Depones, I have only communicated once in the parish of Kildalton, and that was on the last aacn-
mental occasion. Depones, I have never attended the English service in Kildalton ChurcL Depone^
I have attended service in Edldalton Church just now and then since Mr Macintyre preached his trial
discourses. Depones, the sermons I heard preached were those of the 1st and 10th August De-
pones, I have no particular recollection of what the Presentee was preaching about on either of tin
I days above referred to. Depones, I cannot state any part of the services, whether psalms, tezta^ or
subjects of discourse. Depones, I signed the Call in the church. Depones, I heard part of A rcihihsM
Campbell's examination. Depones, I have heard part of the evidence as published in the newspapm
read over in my hearing, and it was read over to me in the house of David MacEachem, where I m
well as others heard it read.
Interrogated. — ^What do yon mean by the word notoriety used by you in the previoos paii of
E your evidence? Depones, I would Hke the question repeated in Gaelic; and the question being repeated
in Gaelic by the Moiderator, depones in Gaelic, These are hard words.
Bebg interrogated, when you used the words, *^ the great body of the people,** do you mean tke
PBOOF FOB THE PBESENTSE.
89 '
might be not one. Depones^ I was quite sober when I called at Mr LcvackX on the day referred to. A
Depones, I cannot recollect at what' hour I left Port-Ellen on the day referred to, but I was home
before sunset I called at Mr Levack*s house before six o'docL Depones, I do not know the
hours of the day when Mr Le^ack had his school open. Depones, to the best of my knowledge the
time when I called at Mr Levack's was between four and five o'clock, but I cannot say. Depones,
I saw Mrs Mackay, his landlady, when I called, and it was from the statement of Mrs Mackay that
I learned that Mr Levack was at Mr Walter Graham's. Depones, On learning this, I left immediately, B
and I did not ask Mrs Mackay to send for Mr Leyack. Depones, I had no knowledge of Mr Levack's
being at Walter Graham's on that occasion, except what I derived from MrsMackay's information. De-
pones, I never went back to Mr Levack's for the purpose of signing the Call, as I could not get
Be-interrogated for the Presentee. — Depones, I live in a lonely place and a considerable distance
from the churdi, and I did not know where the Call was until I was informed by Mr MacCuaig.
Depones, There are only two houses between mine and LagavuUn, across the hill in a distance of six C
miles. Depones, There is no other house farther from the church in that direction than my house.
Ardbeg is more than a mile from Lagavulin, and the people there form the largest collection of
parishioners in that direction. Depones, I think the population will be the most on the Port-Ellen
dde of the church. Depones^ My duties as a shepherd render it imposdble fiir me to attend church
regularly.
Being interrogated. — ^Why did you not sign the Call in the church on the day of moderating in D
the Call? Depones, I thought I would be too late and walked fast, so that I got over-heated; I
afterwards felt cold and went away home.
Interrogated. — ^Are you aware that Mr Graham's house is at a distance from Lagavulin f Depones,
Tes, it is more than a mile.
Be-interrogated for the Objectors. — ^Depones, Mr Levack's house is about a quarter of a mile from
the Parish ChurcL The village of Lagavulin lies between the Parish Church and Mr Levack's house. E
Depones, In the same neighbourhood, and surrounding Lagavulin, are Ardb^ Galium Kill, Ardinistle,
and Laphroig. Depones, In my opinion Ardbeg and Lagavulin contain the largest collection of
inhabitants in the parish, next to Port-Ellen. Depones, On the day for moderating in the Call, the
minister had left the pulpit before I left the church. Depones, I do not reooUect of any iutimatiun
being made, that a Call would be produced for signature, but I recollect of the members of Presbyteiy
being there and papers lying before them, after the minister left the pulpit, and I was in church a good F
while after that Depones, I saw people in church sign their names to papers, and I saw them signing
the Call and objections both before I went away. Depones, My wii^ was to have signed for tlie
minister. Depones, People were signing when I went away, but I do not know whether Callers or
Objectors. Depones, I do not recollect of having been informed, on that day, that the Call was to be
left at Mr Levack's for additional signature. — ^All which is truth, as I shall answer to God«
(Signed) Thomas Armbtbono. G
jAxn DKWABy Modr.
Jaxk Dkwab, aerk P.T.
At Pobt-Ellbn, 25th of March, 1859. ^
Compeared Miss Jessie MacCuaio, residing in Port-Ellen, who being solemnly sworn and examined
as a witness for the Presentee, depones, Mr Duncan MacCuaig, a preceding witness, is my father. I
am a regular attendant of the Parish Church of Eildalton, and for the last five years I have been a com-
municant there. Depones, I heard the Presentee preach his trial discourses in the month of August
last I heard him preach on the 8th and 10th of August, in Gaelic and EngUsh; and I followed and
understood him distinctly in both languages. Depones, I was quite satisfied with the Presentee's manner ^
of conducting the Church services. Depones, I thought the discourses were well connected, and I felt
at the time edified and instructed by them. Depones, the Presentee's manner in the pulpit, both in
the offering up of the prayers and in the delivery of the discourses, was. reverent and becoming,
and the impression on my mind was^ that the preacher felt what he was addressing to the
audience, and that it came from his heart Depones, I had not the slightest difficulty in finding out
the texts or psalms. Depones, with regard to the English discourses, Mr Macintyre preached with great K
ease and fluency.
Being interrogated. — ^If you had not been aware that the Presentee could speak and preach the
M
90
PEOOP FOR THE PBESENTEE.
A Gaelic langaage, was there aaytliing in his pronunciatioo or his delivery of the English language whidt
would lead you to suppose that he was not accustomed to preach it with readiness and fluency ? De-
pones, if I did not know that he could preach in Qaelic, I would not know that he could do so from his
manner of preaching in English. Depones, with regard to the Qaelic, the Presentee preached with
equal ease and fluency. Depones, I was well satisfied with the Gaelic discourses. I signed the Call,
and I am quite satisfied that Mr Macintyre is qualified to be my minister, both as a Gaelic and English
B preacher.
Being interrogated. — ^Is it matter of notoriety that the great body of the people of the parish are
favourable to the Presentee. Depones, it is quite notorious.
Cross-examined for the Objectors. — Depones, I have been in use to communicate with the Gaelic
portion of the congregation of Eildalton. Depones, I recollect very little of the services delivered by
the Presentee, on account of the length of time that has elapsed. Depones, I was present in Court
O during the examination of the Objectors* witnesses. Depones, I heard part of Mr Colin Hay*s examina-
tion, aJso part of Miss Graham's examination, also part of Mr James MackerroVs examination. Depones,
I was present when Mr Dugald Maodougall was examined, but I do not remember whether I heard
the whole of his deposition. I heard a part of Mr Duncan Macdougall's examination. I think I
heard Donald Jamieson examined. Depones, I have read the evidence led in this case as reported in
the newspapers.
D Be-examined for the Presentea — ^Depones, my mother prefers to communicate with the Gaelic
congregation, and that is the reason I communicate with that congregation. I understand both Eng-
lish and Gaelic equally well Depones, I went to hear the proceedings in Court out of mere curiosity,
and I had no idea that I would be made a witness, and all those that were with me had the same
motives that I had. Depones, anything that I may have heard in the Court or read in the newspapers^
has not influenced my mind to say anything, but what I believe to be true. — All which is truth, as I
E shall answer to God.
(Signed) Jessie MacCuaig.
Danl. Macfie, Modr. P.T.
James Dewar, Clerk P.T.
F At PoeivEllen, 28th March, 1859.
Com2>eared Donald Macpherson, residing in Port-Ellen, who being solemnly sworn and exa-
mined as a witness for the Presentee, depones, I am a drainer to Mr Ramsay. I am a communicaiit
in the Parish Church of Eoldalton, and I am married. Depones, I heard the Presentee preach his trial -
discourses on two occasions in Gaelic in Kildalton Church on August last. Depones, I was very ^
O much satisfied with the Presentee's manner of conducting the church services.
Interrogated. — Do you consider Mr Macintyre qualiified to be your minister, and did you sign the ^
Call ? Depones, yes ; and I signed the CalL
Interrogated. — Is it matter of notoriety that the great body of the people are in fiivour of Mr
Macintyre? Depones, yes. Depones, I only attend the Gaelic services.
Cross-interrogated for the Objectors. — Depones, It is three years since I came to this parish. —
H Depones, I live in the flat above the Steamboat Tavern, and I am a tenant of Mr Duncan MacCuaig**. —
Depones, I have only communicated once in the parish of Eildalton, and that was on the last sacra
mental occasion. Depones, I have never attended the English service in Kildalton ChurcL Depone^— g
I have attended service in Eildalton Church just now and then since Mr Macintyre preached his triaHlV
discourses. Depones, the sermons I heard preached were those of the Ist and 10th August De
pones, I have no particular recollection of what the Presentee was preaching about on either of thi^^
I days above referred to. Depones, I cannot state any part of the services, whether psalms, texts, or^
subjects of discourse. Depones, I signed the Call in the church. Depones, I heard part of ArchibaU.
Campbell's examination. Depones, I have heard part of the evidence as published in the newspi^perv
read over in my hearing, and it was read over to me in the house of David MacEachem, where I as
well as others heard it read.
Interrogated. — ^What do you mean by the word notoriety used by you in the previous part of
K your evidence 1 Depones, 1 would like the question repeated in Gaelic; and the question being repeated
in Gaelic by the Moderator, depones in Gaelic, These are hard words.
Being interrogated, when you used the words, the great body of the people," do you mean the
PEOOF FOB THE PB£;^£KT££.
91
l^mse to apply to sach persons as yon have come in contact with? DeponeSy I would like the ques- A
tion put in Qaelie; and the question being so put by the Moderator, depones, I mean by the phrase
great body of the people such as I have come in contact with, and sudi as I have heard o£
Being interrogated. — ^Who are the parties you yourself have come in contact with 1 Depones, in
Cbelic, There is a number of them I cannot name.
Interrogated. — ^Name all you possibly can ? Depones, in Gaelic, Donald MacmiUan, a man who
does nothing, and is in bad health at present, but was formerly a drainer; David MacEachem, B
above referred to ; James MacCuaig, labourer in Port-EUen. Depones, I do not recollect any others.
Depones, I never saw Donald MacmiUan in the Church of Eildalton. I have seen David MacEachem
there. I am not sure that I have seen him twice in church. Depones, I did not see David Mac-
Eachem in church on either of the days I heard the Presentee preach. Depones, I have seen James
MiacCuaig in church. I have seen him once, at any rate.
Interrogated, and requested to state have you seen James MacCuaig twice in the Church of Eil- C
dalton 1 Depones, I cannot say.
Interrogated — ^Who are the parties you have heard of as being favourable to the Presentee?
Depones, in Gaelic, I heard of the people in the parish of Eilmeny, and people of the several
parishes in Islay where the Presentee preached since he preached his trial sermons in the Church of
Eildalton. Depones, I cannot say in what parishes the Presentee has been preaching. Depones, Dif-
ferent persons told me that the people of these other parishes were pleased wil£ Mr Macintyre's D
preaching. Depones, I may name Catherine Macnaughton, residing in Port-Ellen, and I can remember
no other person. Depones, I never saw Catherine Macnaughton in the Parish Church of Eildalton,
and I do not know that she attends any church. Catherine Macnaughton told me about the people of
Eilmeny. She did not tell me about the people belonging to any other parisL
. Interrogated. — ^Were you six times in the church of Eildalton during the twelve months preced-
ing the time you heard Mr Macintyre preach there? Depones, Yes. E
Interogated. — Have you been twelve times in the Church of Eildalton since you came to reside in
this parish? Depones, Yes.
Re-interrogated for the Presentee. — ^Depones, I intend to leave my present residence, having
received notice of my removal. Depones, Although I did not see in Eildalton Church, the parties to
whom I have already referred, they might have been there without my knowledge. And the question
with regard to notoriety being put to the witness in Gaelic, and he being asked whether he adheres to F
his former answer, depones, I do adhere to it.
Re-interrogated for the Objectors, and requested to state in Gaelic, whether you have any other defi-
nition to give of the word "notoriety," than what you have already deponed to? Depones, I do not
understand the meaning of the word. I still say it is a hard word, but I understand the question, that
is the question of notoriety. — ^All which is tmth, as I shall answer to God.
G
(Signed) Donald Macfherson.
James Dbwab, Modr.
James Dswab, Clerk P.T.
Compeared George MacCallum, General Merchant in Port-EUen, who, being solenmly sworn H
and examined as a witness for the Presentee, Depones, I attend the Parish Church of Eildalton regularly.
I heard the Presentee preach his trial services in Gaelic there, in August last Depones, I was satisfied
with the Presentee's manner of conducting the church services, and with the discourses which he de-
livered. I attend the Gaelic congregation.
Being interrogated. — ^Do you consider Mr Macintyre qualified to be your minister? Depones, I
think so. I signed the Call, as also did my wife and servant. I
Cross-interrogated for the Objectors. — Depones, I am a butcher, and one part of my business is to
sell butcher-meat, and the other parts the retailing of groceries, hardware, and other articles. Depones,
I pay six pounds of rent in the year for the premises I occupy. It is nearly five years since I came to
reside in this parish. Depones, I am not a communicant. I did not hear any of the English dis-
courses. Depones I kept no note of the services, except of the first, and I recollect that the first text
was the 66th Psalm, and 6th verse. I cannot state any other text, nor can I give the Psalms or the E
sabjects of the discourse. Depones, I can only give the text of the first sermon. Depones, I do not
xecollect what the Presentee was preaching about, as it is such a long time since I heard him. De-
1
92 PROOF FOB THE PBESENTEE.
A pones, I cannot tell how often I have been in Clinrch since I heard Mr Macintyre preach, bat I have
been a good many times. Depones, I think I heard all the members of the Presbytery who have been
supplying the pulpit — ^All which is truth, as I shall answer to God.
(Signed) George MacCallum.
James Dewab, Modr.
James Dbwar, Clerk P.T.
B
At Pobt-Ellen, 28th March, 1859, half-past 6 o'clock p.m.
Compeared, Miss Flora MaoCitaio, residing in Port-Ellen, who being solemnly sworn and
examined as a witness for the Presentee, depones, I am the sister of Miss Jessie MacCuaig, the
C preceding witness. Depones, I am a regular attendant of the Parish Church of Kildalton, and a
communicant there. Depones, I heard the Presentee preach his trial discourses in Kildalton Church
in the month of August last, both in English and Gaelic. Depones, I had no difficulty in following
and understanding him distinctly on these occasions ; I found all the texts and psalms that were given ouL
Depones, I thought his English discourses were delivered with ease and fluency. Depones, I have
been accustomed to hear English preaching in Glasgow and other places on the mainland.
D Interrogated. — ^Was there anything in the Presentee*s pronunciation or delivery which struck yoa
as showing any perceptible difference in these respects between him and other preachers in the places
above referred to, with regard to English preaching] There was no difference. He preached with
fluency and ease. Depones, In my opinion, Mr Macintyre preached with equal fluency and ease in the
Gaelic language. Depones, I was highly satisfied with the Presentee's manner of conducting the
church services, and with the discourses which he delivered. Depones, I observed no want of
E arrangement or division into heads in the discourses.
Interrogated. — ^Did you observe any want of earnestness or solemnity in the offering up of the
prayers, or in the delivery of the discourses ? Depones, I thought the prayers were offered up with
earnestness and fervour, and the same remark applies to the delivery of the discourses.
Interrogated. — ^Whether the discourses appeared to you to come from the heart, and did they
appeal to your understanding and heart? Depones, So &r as I could judge they did come from the
F heart, and they appealed to my understanding and heart Depones, I was edified and instructed by
these discourses in the same way as by the discourses of other clergymen. Depones, I consider the
Presentee to be quite qualified to be my minister, both as an English and Gaelic preacher. Depones,^^
I signed the Call
Interrogated. — Is it matter of notoriety that the great body of the people of the parish
favourable to the Presentee, and wish his settlement in the parish? depones, It is perfectly notorious^
G depones, I am quite satisfied that the discourses which I heard were divided into heads.
Cross-interrogated for the Objectora — ^Depones, my sister and I live with my finther, Mr DuncancKi-M
MacCuaig at the hotel Depones, I have been in use to communicate with the Gaelic portion of thc9J^<
congregation. I have never communicated with the English congregation. Depones, I have been iif' M
use to attend the Gaelic service, and I have very seldom attended the English. Depones, I was preeen#^«-**t
in Court while part of tlie proof was being led in this case, and heard Mr Walter Graham partly ex-
H amincd. I heard part of Mr Colin Hay's examination, and part of Miss Graham's examination,
part of James Mackerrol's examination, and the whole of Du^d Macdougall's examination. I he
part of Duncan Macdougall's examination, and part of DonsJd Jamiesou's examination. Depones,
either read or heard read the depositions of the witnesses in this case, as reported in the new^[Mipen^^
Depones, I cannot now tell what psalms were given out by the Presentee, and of the texts, I qiH^^^
recollect the last, which is 1st Chronicles iv. 10th, and the words of another, viz., "Saul also went
I Gibeah, and there went with him a band of men whose hearts the Lord had touched." The former'
text was, I think, the text of an p]nglish discourse, mid as to the latter, I am not sure whether the
words were connected with a Gaelic or English discourse. Depones, I do not recollect any part of the
discourses delivered on the 1st of August, nor do I recollect any i)art of the discourses delivered on
the 8th of August Depones, I cannot be sure whether the texts I have referred to were connected
with the discourses delivered on the 10th of August. DeiK)ne.s, Those texts I have mentioned are the
K only two I recollect The subject of the discourse from 1st Clironicles wjis, I think, the different ]>etitions
in the prayer of Jabez. Depones, the divisions or heads in the discourse last referred to, were the
divisions of Jabez^s prayer. Deiwncs, I do not recollect of the divisions or heads of the disconraeB
i
I
PROO^ FOR THE PRESEITTEE. 93
reached from the words before recited, nor of any of the other discourses. Depones, what I mean by jL
s being matter of notoriety, that the great body of the people are fiivouiable to the Presentee, and
ish his settlement in the parish, is that parties have spoken to me on that subject) to that effect, and
so that there are parties whom I have not spoken to, but I have heard of as being favourable to the
resentee, and the number who have signed the Gall.
Being interrogated, and requested to state the names of the parties who have spoken to you on the
ibject, depones, Mr and Mrs Alexander Macdougall and others; but I decline to give the names of any B
her party. Depones, it consists with my knowledge that Mr and Mrs Alexander Macdougall now
tend the Free Church. Depones, with reference to the second branch of my answer, as above given,
e parties I refer to were different parties in different parishes, who had heard the JPresentee preach,
know not in what parish, and their names I do not remember. Depones, I never saw the Call, unless
hen handed to witnesses in the course of their examination, and I never had it in my hand before this
ght Depones, on being shown the mandate No. 2, 1 identify my signature as the 15th from the O
(ttoni. Depones, I see the said document consists of several sheets of paper pasted together, but I
fi not sure whether they were so pasted when I signed them.
Interrogated. — ^Was there any heading on the paper you signed at the time you signed? Depones,
did not read over the heading at the time; and the heading having been put into my hands, I depone
at I have read over the same or something like it before. Depones, at the time I signed I knew I
IS signing a mandate in favour of Mr Macintyrc, because I could not attend on the day the Call was D
oderated in, and Archibald ^lacarthur was the witness.
Interrogated- — Did you intend, when you signed the said document, that Mr Macarthur should
ve anything further to do with it than simply witnessing your signature? and the said document being
it into the witness's hands, and read over by her, depones. He was authorised to act as our mandatory.
Being interrogated. — Aie you prepared now to state that the first sheet of the said document, on
lich the heading is written, was attached to the last sheet on which your signature is adhibited at the E
ne you signed? Depones, I cannot be sure.
Interrogated. — ^When did you first read the heading referred to I Depones, I never read that head-
^ perhaps, but I read somethmg to the same effect What I did read was written on a paper similar
that, but shorter; and when I read the heading referred to, there were no names subscribed to it.-r~
I which is truth, as I shall answer to Clod.
(Signed) Flora MacCuaio. F
James Dewab, Modr.
Jambs Dbwar, Clerk P.T.
At Port-Ellen, Twenty-ninth March, Eighteen Hundred and Fifty-nine.
a
Compeared James Macdougall, Teacher at Kintra, parish of Kildalton, who, being solemnly
om and examined as a witness for the Presentee, depones : — ^The late Reverend Mr Mactavish left
me for Glasgow a day or two after I came to the parish, and never returned, having died in Glas-
w, and in consequence of his death I have had no opportunity of communicating in the parish of
Idalton ; but I have communicated in the parish of Oa, which is adjoining. Depones, My school
a General Assembly school Depones, I have attended the literary classes in the University of jg^
asgow for two years. Depones, I heard the Presentee preach on the first and eighth of August last
Kildalton Church, and I heard him both in English and Gaelic, but one of the Gaelic sermons I
ly heard partially, as I had to come from a considerable distance, and was rather late in arriving,
inderstand both the English and Gaelic languages.
Being interrogated. — ^Werc you able to follow the Presentee distinctly in the delivering his dis-
iirses ? Depones, Yes. £
Interrogated. — Were you satisfied with the Presentee's manner of conducting the church services,
d with his discourses ? Depones, I was on the whole. Depones, I afterwards signed a mandate in
^our of Mr Macarthur, authorising him to sign the Call for me. Depones, He explained to me what
3 mandate was for. Depones, He told me that the heading was attached to another part of the
ludate, and that the part I signed was a portion of it Depones, I fully understood what I was
ing when I signed. Depones, I appear here to-day under a citation. -g^
Cross-interrogated for the Objectors. — Depones, I belong to the parish of Craignish, in Argyll-
ire, and I never was in the parish of Kildalton before I came here under appointment of the Gene-
PBOOF FOR THE PRESENTEE.
A expressed themselves to you as fieivourable to Mr Macintyre 1 depones, Although people speak to me
about these matters, I cannot remember, as my memory is not good.
Interrogated. — Can yon give the names of any one who has expressed himself or herself as above?
depones, Mr Duncan MacCuaig, and Alexander MacCuaig, and George MacCallnm, preceding ^
nesses ; Miss Catherine MacCuaig and Miss Jessie MacCuaig, daughters of the foresaid Duncan Mao-
Cuaig, and these are enough for you.
B Interrogated. — Are the parties above named the whole you can mention by name to whom your
answer applies, viz., " that it is matter of notoriety that the great body of the people are favourable to
Mr Macintyre)" depones, I cannot give the names of any other parties, as I do not know them;
depones, I have been in Mr MacCuai^s service for the last thirteen years, and since my birth I have
been residing in the parish ; depones, I am middling well acquainted with the people of the parish,
but in Port-Ellen there are many that I am not well acquainted with that I know by sight — ^All which
C is truth, as I shall answer to God.
(Signed) Donald Campbell.
James Dewab, Modr.
James Dewar, Clerk P.T.
J> At Poet-Ellen, 30th March, 1859.
Compeared' Duncan Macdougall, residing at Ardbeg, who being solemnly sworn and examined
in Cktelic, as a witness for the Presentee, depones, I understand English, but prefer being examined
in Gaelic ; depones, I am foreman over the farm of Ardbeg. I am in the habit of attending the church of
Kildalton; I was born and brought up in the parish; depones, I heard Mr Macm tyre' preach in Graelicon
E the 1st and 8th of August last; depones, I was fully satisfied with the Presentee's manner of condactug
the church services on these occasions, and also with the discourses which were delivered; depones,!
signed the Call during the time it was in Mr Levack's possession ; depones, There were other parties
who went along with me; these were people from Ardbeg. The number was about twenty, and most
of them were heads of families; depones, the village of Ardbeg contains the largest number of
inhabitants, next to Port-EUen.
F Interrogated. — Is it matter of notoriety that the great body of the parishioners are fiivourable to
Mr Macintyre? Depones, yes ; depones, I know all the heads of fiamilies living at Ardbeg; depones,
I know the following parties who are heads of fejnilics, viz., Mr MacCuaig, Alexander Head, Duncan
Darroch, John Macmillan, Charles Black, Peter Macaffer, Murdoch Macdougall, Donald Macfedyen,
Mr Mactaggart, Donald Currie, John Campbell, Neil Macduffie, Archibald Maclargan, Duncan Cameron,
Donald Gilchrist, John Black, Donald Maclellan, William MacEwcn, John Macalister ; depones, I hm
Q a wife and child; depones, Tlie above are all the heads of families connected with the Established
Church of Scotland, residhig at Ardbeg ; depones, I think the above parties and their fiimilies wXi
nnmber about 120 souls. There are just two families belonging to the Free Church, residing at Aid-
Interrogated. — Is it matter of notoriety that the Ardbeg people, whose names you have given
above, are favourable to the Presentee? depones. Yes.
H Interrogated. — Did you, and the parties you have above referred to, or the most of them, coa»
down from Ardbeg to Port-Ellen to state to the Presbytery that you had subscribed the Call?
Objected for the Objectors. — That the question is irrelevant in respect —
1st, That it affects matters which have not been admitted to probation, and which are not oonjuwi
to any proof led on behalf of the Objectors.
2d, That the question has reference to an absurd demonstration which took place during di0
I leading of the proof for the Presentee, to which the Objectors were no parties, and was quite uncaUd
for.
3d, That the Call, being a written document, can only be referred to as containing the
evidence of the subscriptions of the parties appended to it^ and as it docs not bear the subscriptioa d
aevend of the persons referred to in the question, is inapplicable to the state of the feet
4th, The subscriptions which were made to the Call in presence of Mr Levack, the seesioD-ckd^
K and reported by him to have been made in his presence, have not been called in question.
Answered. — 1st, That the question is relevant, in respect it has a direct bearing upon the oiifA
stances and condition of the parish.
ntOOF VOTt THE FEESEKTBE.
97
Sd, "Witli ngtstd to tius dbjedioii, it maj be oonyenieDt for the OI)jeeton to deaigiuite the spoil- A
MOOS i^ipeuaiioe of the heads of fiunilies of the second largest village in the parish before the Pres-
teiy to 8tat9 their adherence to the Call, as an absurd demonstration, bat as it is not denied that the
A ocouredy it is of little importance now whether the question is put or not, and it requires no
mrance to beUeve that the Objectors were no parties to what they are pleased to call the absurd
monatration in question.
3d, The statements contained in this objection are denied. The Call is signed either peisonallj B
hy mandate by the people of Ardbeg, and the parties in question appeared in consequence of doubts
ving been stated as to their having done so to satisfy the Presbytery upon the point
4th, This article requires no answer.
Parties being removed, the Presbytery, after reasoning, sustain the objection and refuse to allow the
cation to be put; and with reference to the " demonstration" above alluded to, the Presbytery consider it
sessaiy to record that they did not admit that the parties alluded to had any right to appear, nor did they 0
sognise any such right; against which judgment, and the note appended thereto, the procurator for the
esentee protested and appealed tU supra, for the foUowing and other reasons, to be stated at the dis-
sdon of this appeal: — 1st, A committee of Presbytery had been appointed for the purpose of
alysing the Call, and it was stated that several parties belonging to Ardb^ had given no authority
r signing, or had not themselves signed the Call, the procurator for the Presentee therefore considered
necessary to bring these parties forward to speak for themselves, and it was as much the duty of the ]>
»mmittee or the Presbytery to investigate this matter as any of the other matters referred to in their
tport.
Cross-examined for the Objectors. — ^Depones, I am not a communicant. I am not sure what my
ge is, but I am above thirty years; depones, All residing at Ardb^, are employed about the distillery
r the form coimected therewith, with the exception of John MacaUister, blacksmith. His son is
mployed at Ardbeg as a general workman; depones, I have been employed for about eight or nine B
vars, either about the distillery or farm; depones, Mrs Dill is my employer, and she resides at Ardbeg;
lepones, I know that Mrs Dill belongs to the Free Church; depones, Mrs Dill is my employer. "Mi
/olin Hay engages me, and settles with me, and is my master; depones, although I understood
ilo^ish a little, I could not understand a sermon preached in English; depones, as I did not expect
0 be called as a witness, I did not keep in my recollection any part of the sermon preached by Mr
iCadntyre on the 1st of August; depones, I remember no portion of the services of that day; depones, F
[ remember no portion of the services delivered upon the 8th of August, nor any part of the sermon;
lepones, All that I remember is, that he kept my mind engaged in a way that it did not use to be;
lepones, I cannot tell what the Presentee was preaching about on either of the days referred to.
Interrogated.— How often have you attended service in Eildalton Chnrch since you heard
it Macintyre preach there? depones. So fiir as I can recollect, I only missed one Sabbath on which
here was service there. Q
Being shown the Call, and requested to state if the parties, whose names appear on the second
Nige, went in a body to the school-house to sign the Call, and did you go along with themi depones,
k) &r as I see, they did go in a body, and I accompanied thenL So &r as I recollect, we were all in the
idiool-house at the same time; depones, We went after six o'clock, and we had no meeting after we
(tarted; depones, I did not go among the people mjrsel^ but I sent notice or warning to aeJc if they
yonld go; depones, Our employment at the time was the repairing of the peat road, and as the dis^ H
illery operations were suspended at the time for the season, the disl^ery workmen were with us assist-
ng, and when the labours of the day were over, I desired tiiem to give intimation of our intention to
^ to the school-house to sign the Call; depones, my signature appears the first on the second page of
ie Call; depones, the whole of the parties, whose names appear on the second page of the Cafi, were
a the employ of the Ardbeg Distillery Company when the Call was signed by them, and, with the
sxception of Malcolm Kennedy, they are still so; depones, Of these parties, the following are unmarried I
Ben, viz.:— Duncan Macduflfy, Dugald Mactaggart, Coll MacCuaig, Donald Macnab, Archibald Mac-
ffister, Donald Madellan, Malcolm MadcUan, Neil Macduffie, James Cameron, Malcohn Kennedy,
tny Darroch is the wife of Duncan Darroch, who signs the Call, and Christina MacCuaig is a widow,
nd has two grown-up sons; depones. The population of Ardb^ will be about 150, so &r as I can
idge; depones, Mrs Dill belongs to the Free Church, and she would have Donald Macnab, whose
wflier is one of her domestic servants, to attend the Free CTiurch, ^t he goes oftcner to the Esta- K
IMwd Church than he does to the Free and his mind ib towards the Established Chnrch.
BwngiatemigrteA— Aw there any other persons than those you have named referred to in your
96
PBOOF FOE THE PRESENTEE.
A expressed themselves to you as favourable to Mr Macintyro ? depones, Althougli people speak to me
about these matters, I cannot remember, as my memory is not good.
Interrogated. — Can you give the names of any one who has expressed himself or herself as above?
depones, Mr Duncan MacCimig, and Alexander MacCuaig, and George MacCallnm, preceding wit-
nesses ; Miss Catherine MacCimig and Miss Jessie MacCuaig, daughters of the foresaid Duncan Mac-
Cnaig, and these are enough for you.
B Interrogated. — ^Are the parties above named the whole you can mention by name to whom your
answer applies, viz., "that it is matter of notoriety that the great body of the people are favourable to
Mr Madntyre)'* depones, I cannot give the names of any other parties, as I do not know them;
depones, I have been in Mr MacCuai^s service for the last thirteen years, and since my birth I have
been residing in the parish ; depones, I am middling well acquainted with the people of the parish,
but in Port-Ellen there are many that I am not well acquainted with that I know by sight. — All which
C is truth, as I shall answer to God.
(Signed) Donald Campbell.
James Dewab, Modr.
Jai^es Dewar, Clerk P.T.
3> At Poet-Ellen, 30th March, 1859.
Compeared' Duncan Macdouqall, residing at Ardbeg, who being solemnly sworn and examined
in (3aelic, as a witness for the Presentee, depones, I understand English, but prefer being examined
in Gaelic ; depones, I am foreman over the farm of Ardbeg. I am in the habit of attending the church of
Kildalton ; I was born and brought up in the parish; depones, I heard Mr Maciiity re* preach in Gaelic on
E the 1st and 8th of August last; depones, I was fully satisfied with the Presentee's manner of conducting
the church services on these occasions, and also with the discourses which were delivered ; depones, I
signed the Call during the time it was in Mr Levack's possession ; depones. There were other parties
who went along with me; these were people from Ardbeg. The number was about twenty, and most
of them were heads of families; depones, the village of Ardbeg contains the largest number of
inhabitants, next to Port-Ellen.
F Interrogated. — Is it matter of notoriety that the great body of the parishioners are favourable to
Mr Macinlyre? Depones, yes; depones, I know all the heads of fiamilies living at Ardbeg; depones,
I know the following parties who are heads of families, viz., Mr MacCuaig, Alexander Head, Duncan
Darroch, John Macmillan, Charles Black, Peter Macaffer, Murdoch Macdougall, Donald Macfadyen,
Mr Mactaggart, Donald Currie, John Campbell, Neil Macduffie, Archibald Maclargan, Duncan Cameron,
Donald Gilchrist, John Black, Donald Maclellan, William MacEwen, John Macalister; depones, I have
Q a wife and child; depones. The above are all the heads of families connected with the Established
Church of Scotland, residing at Ardbeg ; depones, I think the above parties and their £unilies wiU
number about 120 souls. There are just two families belonging to the Free Church, residing at Ard-
b^.
Interrogated. — ^Is it matter of notoriety that the Ardbeg people, whose names you have given
above, are favourable to the Presentee? depones. Yes.
ll Interrogated. — Did you, and the parties you have above referred to, or the most of them, come
down from Ardbeg to Port-Ellen to state to the Presbytery that you had subscribed the Call?
Objected for the Objectors. — That the question is irrelevant in respect —
1st, That it affects matters which have not been admitted to probation, and which are not conjunct
to any proof led on behalf of the Objectors.
2d, That the question has reference to an absurd demonstration which took place during the
I leading of the proof for the Presentee, to which the Objectors were no parties, and was quito uncalled
for.
3d, That the Call, being a written document, can only be referred to as containing the best
evidence of the subscriptions of the parties appended to it, and as it does not bear the subscription of
eevend of the persons referred to in the question, is inapplicable to the state of the fact.
4th, The subscriptions which were made to the Call in presence of Mr Levack, the session-clerk,
£ and reported by him to have been made in his presence, have not been called in question.
Answered. — 1st, That the question is relevant, in respect it has a direct bearing upon the drcunn
stances and condition of the parish.
PROOF FOB THE PBESUKTEE.
97
Sd, "With ngtstd to this dbjedioii, it maj be oonyenieDt for tlie OI)jeeton to deaigiuite the spon- A
teieons i^pearanoe of the heads of fiuiiiHee of the second krgest village in tibe parish bc^re the Pres-
byteiy to stat^ their adherence to the Call, as an absurd demonstration, bat as it is not denied that the
fut occorred, it is of little importance now whether the question is put or not, and it requires no
assurance to beUeve that the Objectors were no parties to what they are pleased to call tiie absuid
^bmonstration in question.
3d, The statements contained in this olijection are denied. The Call is signed either personally B
er by mandate by the people of Ardbeg, and the parties in question appeared in consequence of doubts
liaving been stated as to their having done so to satisfy the Presbytery upon the point
4th, This article requires no answer.
Parties being removed, the Presbytery, after reasoning, sustain the objection and refuse to allow the
question to be put; and with reference to the ''demonstration" above alluded to, the Presbytery consider it
necessary to record that they did not admit that the parties alluded to had any right to appear, nor did they 0
recognise any sudi right; against which judgment, and the note appended thereto, the procurator for the
Ptesentee protested and appealed vt mproy for the following and other reasons, to be stated at the dis-
eoasion of this appeal: — Ist, A committee of Presbytery had been appointed for the purpose of
Analysing the Call, and it was stated that several parties belonging to Ardb^ had given no authority
for signing; or had not themselves signed the CaU, the procurator for the Presentee therefore considered
it necessary to bring these parties forward to speak for themselves, and it was as much the duty of the D
committee or the Presbytery to investigate this matter as any of the other matters referred to in their
report.
Cross-examined for the Objectors. — ^Depones, I am not a communicant I am not sure what my
age is, but I am above thirty years; depones, All residing at Ardbeg, are employed about the distillery
or the &rm coimected therewith, with the exception of John Macallister, blacksmith. His son is
employed at Ardb^ as a general workman; depones, I have been employed for about eight or nine B
years, either about the distillery or farm; depones, Mrs Dill is my employer, and she resides at Ardbeg;
depones, I know that Mrs Dill belongs to the Free Church; depones, Mrs Dill is my employer. ^
Colin Hay engages me, and settles with me, and is my master; depones, although I understood
Igngliah a little, I could not understand a sermon preached in English; depones, as I did not expect
to be called as a witness, I did not keep in my recollection any part of the sermon preached by Mr
Madntyre on the 1st of August; depones, I remember no portion of the services of that day; depones, F
I remember no portion of the services delivered upon the 8th of August, nor any part of the sermon;
ciepones, All that I remember is, that he kept my mind engaged in a way that it did not use to be;
depones, I cannot tell what the Presentee was preaching about on either of the days referred to.
Interrogated.— How often have you attended service in Eildalton Church since you heard
Mr Macintyre preach there? depones^ So fiir as I can recollect, I qnly missed one Sabbath on which
there was service th^re. Q
Being shown the Call, and requested to state if the parties, whose names appear on the second
page, went in a body to the school-house to sign the Call, and did you go along with them? depones,
^ &r as I see, they did go in a body, and I accompanied thenL So &r as I recoUect, we were all in the
w^ool-house at the same time; depones, We went after six o'clock, and we had no meeting after we
started; depones, I did not go among the people myself but I sent notice or warning to ask if they
would go; depones. Our employment at the time was the repairing of the peat road, and as the dis- H
tilleiy operations were suspended at the time for the season, the distillery workmen were with us assist-
ing, and when the labours of the day weife over, I desired tiiem to give intimation of our intention to
go to the school-house to sign the Call; depones, my signature appears the first on the second page of
the Call; depones, the whole of the parties, whose names appear on the second page of the CaU, were
in the employ of the Ardbeg Distillery Company when the Call was signed by them, and, with the
exception of Malcolm Kennedy, they are still so; depones. Of these parties, the following are unmarried I
men, viz.: — Duncan Macdu%, Dugald Mactaggart, Coll MacCuaig, Donald Macnab, Archibald Mac-
jDister, Donald Madellan, Malcolm Madellan, Neil Macduffie, James Cameron, Malcolm Kennedy.
Mary Darroch is the wife of Duncan Darroch, who signs the Call, and Christina MacCuaig is a widow,
and has two grown-up sons; depones, The population of Ardbeg will be about 150, so &r as I can
judge; depones, Mrs Dill belongs to the Free Church, and she would have Donald Macnab, whose
mother is one of her domestic servants, to attend the Free Church, but he goes oftener to the Esta- K
blished Church than he does to the Free, and his mind \& towards the Established Church.
Being interrogated. — ^Are there any other persons than those you have named referred to in your
N
98
FBOOF FOE THS PBESBIYTKB.
affirmative to the fcllowiag qneBlion>— " Is it Better of Botoriety that the great bodyof iheiyMiiniitft
are &voarable to Mr Madntyrer* depones, it is notorioiis thzooghoiit the pariah that thagnwtbo^ftf
the pariahioners are fimuraUe to Mr Madnlyre.
Being intenogated. — ^Do you refer to parties who haTespoken to yourself on the aolgect I depoao^
they have been taUing to me about it^ and I have been talking to them*
Interrogated. — Name the parties who have been talking to yon about the matter! depooM^ miBy
B have been talking to me on the subgect^ but I cannot name them, neither will I try-
Being interrogated, and requested to give the name of one who has spoken to you on the foljaett
depones, I decline to give any name^
Interrogated. — ^To whom have you yourself been talking on the subject? depones^ I will not states
for I do not remember.
Being interrogated. — ^Have you had any meeting with Mr MacCuaig or othor parties fimNuaUa to
C the Presentee with referenoe to the Fftsentee, and with reference to the present proceedinggi and with
reference to witnesses who were to be bron^^t forward on behalf of the Presentee! depones^ I ha^e had
no meetings wiUi any parties with reference to the present proceedings; and with reference to witnesMS
who were to be brought forward, I had no conversation with any parties.
Being interrogated — ^Were you, cm a Sabbath within the last two months, near to the Church of
Lagavulin, requ^^ted by Mr Duncan MacCuaig to attend a meetings for the purpose of consulting as to
D what should be done with reference to the present case! depones, No; depones^ the Call was rnd bf
Mr Levack before I signed it
Being interrogated. — Did you, or any of the parties who signed the Call along with you, remad^
when it was read over, that it was a good character, or what remark was made on the occasion! iepomeB,
I know nothing about that If it was the case I have no knowledge of it
Be-intern^;ated for the Presentee. — ^With r^^ to what I have stated as to the giving notice to
S the work-people about the signing of the Call, I depone that I used no influence with them to do ao,
but that tiiey signed the stfme of their own accord. — ^All which is truth, as I shall answer to Qod.
(Signed) Duncan MacDougaix.
James Dewab, Modr.
James Dewab, Clerk F.T.
P
At Pobt-Ellbk, Thirtieth March, Eighteen Hundred and ViRj-mait,
Half-past Six o*clock p.m.
I
Compeared AumnwALT) Macasthub, rending in Port-Ellen. {
The procurator fer the Presentee stated that he only intended to examine this witness with lA- \
0 rence to tiie Call, as he appears to have been one of tiie mandatories, and in some cases one of tk
witnesses ; and he being solemnly sworn and examined as a witness to this effect for the PraHoteef
depones : — ^I take charge of the house called the New Inn or the Steamer Tavern, belonging to Jb
Duncan MacCuaig; depones. There was a mandate lying there for signatures of parties desiroDSof
signing the Call in fevour of Presentee ; depones. That document was lying there for signaturea in tto
same way as any other document of a public description. Being shown the mandate Na 2, depoooi
H I identify that as one of the mandates that was lying for signature as aforesaid ; deponeSy I observe
my name as witness at four separate places of said mandate.
Being interrogated. — ^Do you see the names of othw witnesses to said mandate, aa wdl ai
your own)
Objected for the Objectors, [Ist, That it is a well-known rule in law that a party cannot bis
witness to the execution of an instrument in his own fevour, and the document referred to bears to b
1 in favour of the witness under examination.
2d, ^niat the docmment referred to is not entitled to receive any &ith in judgment, or to b
recognised, because it is neither holograph nor tested, nor entitied to the privilege of a merrsntih
document, nor is it otherwise authenticated in terms of law, so as to ontitie this or any other Ooort t»
receive it in evidence.
3rd, That the mandates are not authorised by the laws of the Church, in regard to anj tiffar
K tures except those adhibited in presence ci the Itebytery, on the day of moderating in the Call; ui
• as the mandates in question were confessedly not used on that occasion, but afterwards, whan As
Gall lay in the hands of Mr Levack, sessioii-deil^ fer additional signatures^ which, aooording to tte
PROOF FOB THB FRESEHTEE.
99
Isws of tile Chnrdii ouj^t to liaTe been adhil»ted by the paiiieB themedTes, wbo ni^ht be deairona A
to tign while the CW li^ in the hands of the Befldon-deric
4th9 That the Call is an institution of the Ghnroh, and is not referred to in the Benefioes Aet, and
it does* not fiill within the matters admitted to probation, and accordingly the Objectors were not
idlowed a proof in regard to it It is a matter for the IVesbytery to inTestagate, as afiecting the
pmri^ of a part of the proceedings which is purely of an ecdesiastical natare, and the proposed
erideoce should have been adduced before a Committee of the Presbytery, or, at all erents, it oug^t B
Boi to be allowed to form part of the Presentee's proof, merely conjunct to that led for the
Objectors.
Answered. — 1st, Neither the Call nor the objections are documents which require the formalities
dt deeds requiaite by the civil law, and therefore the mandates granted for the purpose of signing these
documents do not require solemnities which are not requisite ibr the execution of the principal
documents tiiemselves. All that is necessary, more particularly in a remote district like this, where C
the parties who have granted, as well as those who have obtained the mandates, are unacquainted with
legal forms^ is that there should be reasonable evidence produced to satisfy flie Presbytery that the
Call has been fisdrly and honestly signed, either personally or by a mandatory.
2d, But in any event, the Cidl along widi the mandates was produced by Mr Levack, at the
meeting of Presbytery, held^ at Bridgend, on the eighth September hist, and they ipere then received
as a part of the present proceedings, without any olrjection on the part of the Objectors. It is there- D
fore too late, even if it were competent otherwise, for the Objectors now, at the last stage of the case,
to raise such objections as those now stated.
3d, The Objectors seem to imagine that they are dealing with a case in the Civil Courts, and
irith matters in amcibus juru; but the rules of law, to which they have referred, while they may be
rery appropriate in regard to such cases, have no bearing whatever here. The position that the
Ft^wntee ib not entitled to bring evidence to satisfy the Presbytery with regard to the manner in £
which the Call has been signed, is one of those absurdities which only can be accounted for by presup-
posing a desire to withhold the truth, and keep out of view a matter which has been made one of the
most important features of the case. The evidence is tendered precisely, because the Presbytery or
their Committee desired to have the sworn testimony of parties with regard to the Call, and if it is
Tcgected, the responsibility will of coarse be with thenu
Praties being removed, the Presbytery, after reasoning in respect that they have not come to any F
delivmmce with reference to the documents bearing to be mandates, and produced while they have no
desire to stand in the way of bringing out the fetcts calculated to bear upon the whole drcumstances
and condition of the parish, still they consider it necessary to guard against being committed, so far
as they might be prc^duded at any future stage of the proce^ings from taking any steps that they
may consider necessary to enable them to come to a judgment with reference to said documents; and
with this explanation and reservation they repel the objection, and allow the question to be put. (}
Whereupon the asent for the Objectors protested and appealed ut tupra, for the reasons contained
in their objections to me question, and which are here held as repeated brevitatii cauta, and for other
reasons to be urged at the bar of the General Assembly in support of said appeal
The procurator for the Presentee, while acquiescing in the judgment repelling the objection, does
not acquiesce in the reservation and explanation made by the Presbytery, and denies that they have
any right with reference to this matter, other than that involved in the ordinary and constitutional H
course of ecclesiastical procedure warrants. Of consent of parties' procurators, Ihe above objections,
dedsions, judgments, and reasons of appeal were held to apply to all similar questions put to this or
sny other witness regarding the whole mandates; and the question being repeated, depones, I observe
the names of Dugald MacCuaig, James Livingston, Duncan MacCuaig, Sarah Shaw, John Macdonald,
snd John Madntyre, as witnesses to the subsmptions adhibited to said mandates; depones, I attested
all the signatures to the said mandate, with the exception of those witnessed by the parties above I
named ; depones,' The parties who signed in my presence signed fkeely and voluntarily; depones. The
heading was prefixed to the mandate No. 2. That was lying at the Steamer Tavern, and the parties
-sdio subscribed knew that they were signing a mandate to subscribe the Call to Mr Madntyre.
Being shown mandate No. 8, and desired to say if you see your own name and that of Mr Duncan
MacCuaig as witnesses? depones. Yes; depones, I witnessed the whole signatures, with the exception
of those witnessed by Mr MacCuaig, induding that of James Maodougall at the bottom of the first K
nge; depones, The heading was to that mandate before any of the signatures were adhibited, and it
Is in Mr MaeCuaig's handwriting.
100
PROOF FOB THE FBB8EMTEE.
^ Being shown the mandate Na 1, depones, it is in my handwriting, and I obseiTe my owb naio*
and that of Thomas Maodonald as witnesses; and I witnessed the whole of the signaturas, with tbe
exception of four witneaoed hy hioL Depones, the same statement made with r^gaid to parties signing
freely and volontarily, and aa to their knowing the purpose for which they signed, appUes to the two
last mandates as well as to the first; depones,. The heading of mandate Na 1 luid also been prefixed to
it before there were any subscriptions adhibited to it ; depones, I am not aware that I asked any per-
B son belonging to the Free Churdi — that is, any member of the Free Church, to sign any of the man-
dates; depones, I am aware that there are a number of people in Port-EUen belonging to tbe
Established Church who go occasionally to the Free Church. The Free Church is situated dose to the
village; depones, I am not aware that John Macinnes^ Isabella Clark, Angus Madnnes, and Jobn
Duncan Campbell belong to the Free Church; depones, Neil Darroch, whose name iB adhibited to
mandate No. 1, is, to my knowledge, in connection with the Established ChurcL
G Interrogated. — Are you aware that Neil Darroch's child was latdy baptised by the Reverend Ifr
Dewar of Oa, the Moderator of the Piresbytery t
Objected. — ^That the witness has already stated, in answer to a similar question put to him, that
he has only obtained this from the information of others, and this mode of putting the question is
merely an attempt to introduce hearsay evidence The best evidence on the point will be elidted from
the person refernid to, and if he is adduced it will be seen whether or not he was an adherent of the
D Free Church, or of any other church when the mandate was signed, and the reasons which existed fat
the Moderator baptising his child, if such was the case. Moreover, the circumstance referred to is oC
recent occurrence, and any question referring to the body he belonged to, ought to refer back to the
time when Darroch signed the mandate.
Answered — ^The evidence which the Presentee is now in course of leadings is with reference to
the statements contained in the reports of the Committee of Presbytery, with regard to the Call, in
E the last of which it is stated, with regard to the said Neil Darroch, that he ''is said to belong to the
Free Church," and evidence of a similar nature to that upon which that statement seems to be based^
is competent in refutation thereof
Parties being removed, the Presbytery, after reasoning, sustained the objection, and refused to
allow the question to be put
Whereupon the agent for the Presentee protested and appealed tU mpra^ for the reason stated, that
F the question is perfectly competent; and before farther proceeding witb this proo^ the procurator for
the Presentee proposes to examine the Rev. Mr Dewar of Oa, who is now present in Court, as to whether
or not he baptised the child of the said Neil Darroch, and when he did so.
The procurator for the Presentee withdraws his motion in the meantime, in consequence of aa
objection taken that this is not the proper time to examine the Bev. Mr Dewar, reserving his ri^t le
do so at any future stage of the casa — ^All which is truth, as I shall answer to Qod.
G (Signed) Aschd. Macabthuis.
Jambs Dewab, Alodr.
Jakbs Dxwab, Clerk P.T.
At Pob3v£llkn, 31st of March, 1859.
H
Be-compeared the said Abchibald Magabthub, who being again solemnly sworn and AT<tmin<iil
as a witness for the Presentea Being interrogated. — ^Do you see the names of Peter Rcid and
Peter Clark subscribed to the mandate No. 8; and did you press these men to sign the same; and wen
they, or were they not under the influence of liquor when tliey so signed!
Objected for the Objectors, in respect that the objections to the Presentee, as found relevant by the
I Presbytery, have only been admitted to probation, while the present question is not in any way cat-
nected with the objections, but affects the Call and the report made upon it by the Committee dT Pres-
bytery, in regard to which no proof has been allowed, and wliich is a matter falling within the preiogir
tive of the Presbytery as a Court of the Church. Tlie present line of examination has the eflkct of
introducing new elements into the present proof, which the Objectors have not been allowed to enter
into, and in regard to which they have been taken by surprise, and may suffer prejudice if it is allowed
K to be persevered in; at the same time the Objectors beg to state that, after the proof bearing upon tke
objections has been dosed on both sides, they have no objection, if the Presbytery think proper, to joni
issue with the Presentee in regard to the CaU, and to confinont his witnesses with those who Iiave cIk
PfiOOF FOB THE PRESENTEE.
101
jaetod to their natnelB appearing at the Call; bat the Objectors consider it neoesaaiy to record that sack JL
an investigatiim ftJlB pecaliarly within the {»ovince of tiie Presbytery, and that ndther the Objectors
nor the Presentee have any right or interest to interfere therewith at the present stage of the proceedings.
Answered. — 1st, The dreamstances and condition of the parish, which indnde the manner in
which the objections have been got ap, as well as the way in which the Call has been dgned, are as
tuaeh' matters whidi may be proved, in a case of this description, as the objections themMlves. The
Plresbytery is expressly enjoined, by the terms of the Benefices Act, to take cognizance of these B
mattefi^ and the Objectors, in their proof, have not only led evidence in support of their objections,
hat they have also attacked the Call. It is in vain for them to state that they have been taken by
■orprise by what they call the present line of examination ; for, in the first place, they brought forward
the veiy individual, Peter Keid, one of the parties referred to in the question to which they now
object, as a witness against the Presentee ; but as that individual would not take the oath, he was not
examined In the second place, they entered into an examination of the Presentee's witnesses witii C
regard to the manner in which they had signed the Call, or, in the case of some, how they had wit-
nessed the signatures of others to the mandates. It is only necessaiy to refer to the evidence of
Andrew Bia<^bbon, John Macdonald, Duncan MacCuaig, Flora MacCuaig, and James Macdongall, to
ahow this. £ the third place, several reports by a Committee of Presbyteiy have been made part
of the present proceedings, containing statements calculated to damage the (M. The Presentee has
no connection whatever with the manner in which the Call was signed, and is not responsible for any D
mistakes eiUier in regard to legal forms or as to errors into which the mandatories, witnesses, or man-
daats may have M«a. The committee, in one of their reports given into the Presbytery, on 23d Feb.
last, state, With reference to names adhibited to it (the Call) in virtue of headings bearing to be man-
dates, the committee, in examining them, after repeated meetings, have found themselves unable to come to
a saftLs&ctory finding, and they are of opinion that the difficulties cannot be satisfiustorily solved till
parties are examined upon oath." In the last report given in, the committee leave many things undo- E
termined, and several statements are made evidently upon mere reports or hearsay. The Presbyteiy
have adopted and approved of these reports, and the onus is clearly thrown upon the Presentee to
bring evidence to satisfy the Presbytery in these respects. The reports in question being engrossed in
the minutes, will form part of the proceedings before the Assembly, and will be founded upon as evi-
dence of the truth of the statements there set forth. There can be no better evidence with regard to
the manner in winch the Call was subscribed than the evidence of the very parties who, as mandate- F
ries or witnesses, were connected with it In the last place, it is out of the question for the Objectors
to start an objection now to evidence being led upon this point, because the witness, as appears
firom the very beginning of his deposition, was adduced only to the extent of giving evidence with
regard to the Call, and no objection of any kind was then stated by the Objectors. It is only now,
in the middle of his examination, and when they begin to get tremulous with r^ard to the incorrect
statements which they would wi^ to be received as true with regard to the Call, that the Objectors Q
endeavour to prevent evidence of an authentic nature from bemg received with regard to it
Parties being removed, the Presbytery, after reasoning, repel the objection, and allow the question
to be put under the reservation and explanation contained in their deliverance of yesterday, with
r^ard to a similar question put to this witness, and with this additional explanation, that they do not
allow it to be consistent with f&ct that any statement has been entered into their Committee's Report^
and which Report has been approved of, on hearsay evidence. When there is matter of doubt, it is BT
fimply set forth for solution ; but when a statement is made, that statement rests upon declarations
made by, or written documents given under the hands of the parties, with reference to whom the
statement is made ; while the Presbytery allow the propriety of having every drcumstance connected
with this case clearly brought out, they find parties whether as mandatories, mandants, or witnesses;
and . as such connected placed in a very anomalous position, for where there is any discrepancy be-
tween the declaration of the one party, and the deposition of the other, it follows that there must be I
the impreachment of the veracity of one or other of the parties.
Whereupon the agent for the Objectors protested and appealed tU mpra^ for the reasons stated by
diem in their objections to the question which has been allowed, and which are here held as repeated
trtmiatia canua; and for other reasons to be stated at the bar of the General Assembly, in support of
this protest and appeal
The procurator for the Presentee stated, that, while he acquiesced in the judgment of the K
jE^esbytery in repelling the objection, he did not acquiesce in the reservation and explanation following
thereon, nor did he admit the statements contained therein. Of consent of parties' procurators^ the
102
PROOF FOE THE TBESENTEE.
A objections, answers, delivenuiee, protest, appeal, and reasons of appeal, etc, ware held aa i^pHcaUe to-
all similar questions that may be pat to this witness, or other witnesses, and the qoestion bemg put to
the witness, he depones, I see the names of the said Peter Beid and Peter Clark subscribed to Tnandate
No. 8. I did not press them to sign said mandate, and they did not appear to me to be under the
influence of liquor at the time they signed; depones, I see the names of Ardiibald Mackay and Angus
Macquanie subscribed to the mandate No. 2 ; depones, the same answer applies to the case of these
B individuals.
Being interrogated and asked if he sees the names of the following parties subscribed to the mapdate^
yiz., Angus Brown, Donald Campbell, Anne Campbell, Margaret Currie, Dugald Carmichaely Alezando^
Madntj^, John Macintyre, Archibald Lindsay, Maiy Campbell, and James Mackerrol? depones, I do>
depones, I do not know Mary Campbell, but, with the exception of Angus Brown, the rest
reside in Port-Ellen, or in the neighbourhood of Port-Ellen; depones, Angus Brown was residing
C in Port-Ellen, or at least within the parish, and was working with Mr Bamsay when he signed
the mandate; depones^ Archibald Lindsay was, at the time when he signed, and still is, shep-
herd with Mr Duncan MacCaaig in the parish; depones, Two parties of the names of Seniy
MacCuaig and Coll Macdonald signed the mandate; depones, Henry MacCuaig, at the time ho signed
the mandate, was in the employment, as a fisher, of John Mac&rlane, Port-EUen; depones, CoH
Macdonald was a shepherd to Mr Archibald Crawford, cattle dealer within the parish at tiie time he
D signed the mandate; depones, the Duncan Macintyre who signed the mandate No. S is not the Duncan
Madntyre who signed the Call in the church; depones, Duncan Macintyre who signs the mandate lives
in Frederick CVescent, Port-Ellen, and I think he lives with his unde of the same name, who signed
the Call; depones, I Imow a lad of the name of Donald Mackerrol who signed the mandate 2;
depones, at the time he signed he was a herd with Mr Alexander MacCuaig, brother of Mr Duncan
MacCuaig; depones, so &r as I know he will be about twelve years old; depones, I know Malcolm
£ Macintyre and Duncan Mackay, who also signed; depones, Malcolm Macintyre was residing in Port-
Ellen at the time he signed the mandate. He was fishing for a while, and was residing with his fig^er.
I would take him to have been above sixteen years of ago at the time; depones, Duncan Mackay was
backwards and forwards working I think with Mr Duncan Macarthur, baker, Port-EUen; depones, I would
take him to have been about fourteen years of aga I do not know what church he attends; depones,
I think Malcolm Macintyre is not now resident in this parisL
F Interrogated. — Do you observe the name of Margaret Logan among those included in the mandates
or at the Call 1 depones^ he sees the name of Margaret Logan, on the fifth page of the Call, in my hand^
writing as mandatory, which I wrote by mistake for Mary, the corresponding name in the mandate Na
2. Mary is a grown-up woman.
Interrogated. — ^Do you see the names of Alexander Cameron, William MacCuaig, John Madnnee,
Duncan Sinclair, ]Mary Sinclair, his wife, and Mary Sinclair, lus daughter? depones, with r^ard to
O Mary Sinclair, the name appearing at mandate No. 1, it was written by me in mistake for Margaret, her
sister, who was the party who made the mark, and Mary Sinclair was repeated by me when adhibitiiig
the name to the Call; depones, I saw all the above i)arties, with the exception of Duncan Sinclair, sub-
scribe the mandates; depones, I attend the Free Church, but I am not a member, and I have not signed
the Call; depones, Duncan Macarthur and Archibald Brown, who signed the mandate No. 2, attend the
Free Church, and also Samuel Macfarlanc, who signed said mandate. With regard to William Oilchiist
H and Godfrey Livingstone, I have seen them in the Free Church, but 1 camiot say whether they hdoog.
to it. — ^All which is truth, as I shall answer to Qod.
(Signed) Abchd. Macabthttb.
James Dbwab, Modr.
Jamsb Dxwab, Clerk P.T.
I
At Pobt-Ellen, 3 1st March, 1859, Half-past 6 o'clock p.il
Re-compeared said Aechibald Macaktuue, who, being again solemnly sworn and examined as s
witness for the Presentee. — Bemg interrogated and desired to explain how the names of the partieiy
K who attend the Free Church, came to bo adliibited to mandates ? depones, I told them I had a pi^
for signatures to bo adliibited to the Call in favour of Mr Macintyre, and if they wished to sign it tbit
they would be accepted, and then they signed: depones, With the exception of the parties that I mok^
0
FBOOF FOB THE FBESENTEEL
103
-ttoed IM living attended the Free CSrareh, I do not know any otliar paxtiea to the GUI who do so; jL
deponei^ I did notiiing to induce aaj person to sign tlie Gall, by promiaing them, or giving them
aagpthiM; to indaoe tibem to do ao; depooea, I ei^lained to any penon who eame to aign, or to
whom I ahowed the mandates, the purpose for which they were to be signed; depones^ la gettmg
tlneae naadatea signed, I acted fidrty and honestly towards the partiea who aipied the aame, and to
the beat of my knowledge and ability.
Oofls-interrogftted for the Objectors. — ^Deponea^ I have been an adherent of the Free Church B
aanoe I commenced attending chuvdi; depones, I attended aerviee in Kildalton Church on the first
day Ur ICadntyre preached, and I have attended service there once or twice bemdes^ during the life-
time of the late Beverend Mr Mactavish; depones, Since the month of July, 1857, 1 hare been in the
acirviee of Mr Duncan MaeCnaig; depones, My duties are to sell for Mr MacCnaig in the Steamboat
Tavern; depones, The Steamboat Tayem is a publie-house, different from the hotel, also belonging to
Mr MaeOuai^ and is aLtuated in a different part of the village; depones. It consists of six apart* C
menta. Two are used as a store, and the other four are for the use of the public; depones. The
mandate I have referred to lay in one of the front apartments; d^Kmes, I do not recolleet just now
whether any document of a public description lay in the Steamer Tavern for subscription, since I
entered Mr MacCuaig^s service, excepting the mandate referred to; deponea, I do not recoUect of seeing
4iny document of a public nature lying there before I went to Mr MacCuaig*s service; depones. The
heading of document No. 2, referred to by me, is in Mr MaeCuaig'a handwriting. I do not recolleet J>
that I saw Mr MacCuaig write the same; deponea. The said document is dated the 25th day of August
last; depones, So frr as I know, the said document was written on the date it bears; depones, I have
read over the heading of the said mandate^ and observe that it beara the words — ^^And we subscribe
thia twenty-fifth day of August, 1858;" depones, The said document was partly dgned <m the 25th
August last, but all the signatures were not adliibited on that date; depones, I do not recollect on
what date the said document was delivered to the Presbytery, nor do I recollect how long it lay in the E
Steamboat Tavern ; depones, I do not recollect the day the Call was moderated in, and I was not
present in the church on that day ; depones, I cannot spedfy any datea on ii^uch the aaad document
was lying in the Steamer Tavern.
Being interrogated. — Can you, or can you not say whether it lay in the Steamboat Tavern for a
day, a week, or a month) Depones, I cannot specify the number of days, but the Call bears the date
on which the subscriptions in the mandate were subscribed to it And the question being repeated as F
to how long the mandate lay in the Steamer Tavern; depones, It was for several days; but I cannot
specify the number of days.
Interrogated. — Did the said document receive ngnatures day after day while it lay in the
Tavern?
Objected. — ^The procurator for the Presentee is reluctantly obliged to do what he has all along
been very unwilling to do, to state an objection to questions put by the Objectors. He has allowed O
them the fullest latitude in their cross-examination, even upon points involving matters of a most
irrelevant description, that it might not afterwards be maintained that any obstructions were thrown
in the way by the Presentee to even the most inquisitorial inquiry on the part of individuals who have
pised the Hcense afiforded them with no very delicate or sparing hand; but while, so fiur as the Presentee
is concerned, the question is not of material importance, something is due to the observance of the rules
of evidence, and also to the protection of the witness now under examination. The mandate itself H
bears the dates upon which the subscriptions were adhibited; yet the Objectors withhold that
document from the witness, and expect him to state, from his unaided memory, matters which took
place some seven or eight months ago. If the document is put into the witnesses hands, and he is
perfectly entitled to asl^ it should be so put; there can be no objection to the question being then
asked, and in every instance in which the procurator for the Presentee required to put questions of this
nature, the Presbytery invariably insisted on this course being followed. I
Answered for the Objectors. — ^That they deny the truth of the preliminary observations contained
in the objections to the question put to the witness, and the Presentee has embraced every opportunity
of interrupting their investigations, especially vdth regard to the authenticity of the CaU. So far as
the objection has been relevantly stated, the Objectors beg to answer that the document was put into
the vdtness's hands for examination, and, as his deposition bears, he specified the date, and the only
date which the document in question bears, as the date of subscription. But the witness has answered K
that the document was only partially signed on that date, and the question is intended to expiscate
the £Etct when it was signed, as an dement of ite authenticity, and the question is fairly and properly
104
PEOOP FOR THE PRESENTEE.
A pat for ihat purpose. And, moreover, it is stiiGtlj cross to the object of the Bresentee's ATatmlni^ff^
of the witness, which was to sapport the authenticity of the document
Parties being removed, tha Presbyteiy, after reasoning, repelled the objection and allowed the-
question to be put, the Bev. Mr Macdomdd dissenting.
Whereupon the procurator for the Presentee protested and appealed td mpra^ for the reaaoos
stated in his objection, which are here held as repeated ; and the question being again put, depones,
B I decline to answer that question, unless the mandate is put into my hand. And the said document
being put into the witness's hands, and he being requested to state whether it consists of several sheets-
of paper pasted together, and how many 1 depones. It consists of several sheets of paper pasted
together, and the number is five.
Interrogated. — Did the whole of these sheets lie in the Steamer Tavern from the date of the
heading, till they were taken away for the purpose of having the names transcribed to the Calif Some
C of the sheets were taken out by difierent parties to receive signatures and they were afterwards bionght
back; depones, Miss Sarah Shaw took one of the sheets, and other parties also took some; depones, I
was from home when these sheets were taken away by the other parties, and they were returned with
signatures before I came back, and I cannot specify the name of any one of the parties, but that of
Ifiss Shaw; depones, I left home on the occasion referred to in the forenoon and returned at nig^it;
depones, During the period in question I might be from home oftener than once, but I do not recollect
D how often ; depones, I do not recollect whether any of the sheets had been taken away during my
absence ; depones, So far as I recollect I handed the sheets to Miss Shaw myself I do not recollect
of handing them to any other parties to be taken away from the tavern for the purpose of receiving
signatures; depones, The third sheet was given to Miss Shaw.
Interrogated. — ^Was the first sheet handed to Miss Shaw, or was it retained in the tavern f de-
pones. It might be handed to Miss Shaw to read the heading, but so far as I recollect it was retained
E in the Steamer Tavern.
Interrogated. — ^When were these sheets of paper composing the mandate Na 3 pasted together)
depones. To the best of my recollection, they were pasted together on the day the signatures were
copied on the Call.
Being referred to the said document, depones, I see another piece of paper which had been pasted,
or appears to have been pasted, to the sheet above referred to, and wMch had been pasted thereto
P while in possession of Miss Shaw, and which I did not observe before, in consequence of the mandates
being in two pieces at the time I stated that there were five ; depones, the document is complete,
although disjoined immediately above the signature of Sarah Shaw. — ^All which is truth, as I shall
answer to Qod.
(Signed) Abchd. Macabthub.
James Dewab, Modr.
G James Dewab, Clerk P.T.
At Pobt-Ellen, 1st April, 1859.
Be-compeared the said Abchibald Macabthub, who being again solenmly sworn and crosS'
examined for the Objectors, and being interrogated, have you had any communication, verbally or in
H writing, with any one with regard to this case since you left the Court last night? depones, I came here
only to prove the mandates, and I decline to answer any such questions; and the question being
repeated, depones, I was speaking to many a one regarding this case since I left the Court last night;
depones, I cannot tell every one that I was spealuDg to; depones, I was speaking to James living-
stone, quarryman, Port-EUen, whose name is the first name adhibited to document No. 2, also ta*
Duncan Macalpine, teacher, Port-Ellen, who also signed mandate No. 2, and also to Mr Duncan
I MacCuaig, and also to some members of Mr MacCuaig^s family; also to Duncan Macintosh, presbyteif
officer, and there were a number of people in the Steamer Tavern to whom I might be speaking
but I do not just now recollect their names; depones, 1 have given the names of all the
persons I recollect of : depones, I conversed with the parties referred to in the house of Mr
Duncan MacCuaig, and also in the Steamer Tavern, and also in my own shop, which is separate
from the tavern ; depones, Mr MacCuaig, and also some of his family, were in conversation with me
K on the subject in Mr MacCuaig's house ; depones, I do not recollect what they said to me with ref^
ence to this case, and I do not recollect whether they spoke to me about the mandates; and I do not
recollect whether they said anything to me about the signing of the mandates, or about the sheets
PROOF FOR THE PRESENTFJL
105
iMing taken from tbe tayem^ or aboat those left in the tavern; depones^ The conversation was, at least A,
some of it, about this case. I do not recollect whether it referred to eveiy point that I had been
examined upon; and I do not recollect whether it referred to any point I might likely be examined
upon; depones, I do not recollect of any particular part of the conversation regarding this case;
and I do not recollect of any part of the conversation; depones, I cannot say how long I might
lie in Mr MacGoaig's house in conversation about this case ; depones, I cannot say whether I was
£or an hour; depones. The above answers with reference to my want of recollection of conversation I &
liad with r4;ard to tlids case with parties in Mr MacCuaig*s house, apply to the conversations which I
Jiave had with other parties in the Steamer Tavern and my own shop, that is, with regard to this
case.
Being shown mandate No. 1, depones, I see it is dated the 28th of August last ; and I see that a
oonsideraUe number of the parties whose names appear thereat are mentioned as residing at Qlen Lotts,
one at Machrie, two at Glencgadale, and I also see the name of Hugh MacEachem,Port-Ellen,whb also G
signed at Glenegadale; depones, I cannot say how far Glen Letts and Glenegadale are from Port-Ellen.
I cannot say how far Glen Letts is from Port-Ellen, and I cannot say that that locality is five miles
£rom Port-!^en; depones, I observe that said document consists of two sheets of paper pasted together;
depones, I do not recollect when these two sheets were so pasted together; depones, there are 44 names
at both sheets, and of these 33 appear as signed by mark; depones, the names of all who signed by
mark were written by me, and I have subscribed on the margin as witness; depones, with the exception I>
of the five names signed at the bottom, beginning with Thomas Macdonald, all the names and marks
were appended on the same day; and out of 39 names preceding the name of Thomas Macdonald, there
src 33 subscriptions by mark, the names being written by me; depones, so &r as I recollect the head-
ing was written by me on 28th August, and the subscriptions were adhibited on the same date, so far
as I remember; depones, so far as I recollect, the names Thomas Macdonald, Donald Macdonald, Jessie
Macdonald, Anne Macdonald, and Margaret Macdonald, were not signed upon the 28th August ; and R
so far as I recollect, Thomas Macdonald took away the document on a subsequent day from Mr Duncan
MacCuaig, and it was sent back with the said names adhibited to it With regard to the said Thomas
Macdonald, Donald Macdonald, Jessie Macdonald, Anne Macdonald, and Margaret Macdonald, all that
I know is, that there is a family of the name of Macdonald, residing at a place called Avenbogie; de-
pones, I cannot say whether the said place is situated within the Parish of Kilarrow; depones, I know
Thomas Macdonald, whose name appears at said mandate, with the word Glen Letts after his name, F
and resides, so far as known to me, at Avenbogie; depones, I do not know the other four Macdonalds,
either by name or by sight
Interrogated. — Have you ever been at Avenboggie? depones, I was at Aveuboggie before
the Macdonalds came to reside there; depones, I have passed by that place once since then, on my way
to Bridgend, and I do not remember whether I saw or spoke to any members of said £amily on that
occasion; depones, I might and I might not have spoken to the said Thomas Macdonald about said G
mandate, but I do not remember.
Interrofi^ated, and requested to state whether Thomas Macdonald foresaid, ever mentioned to you
that the said Donald, Jessie, Anne, and Margaret Macdonald were his (Thomas*) relations] Depones,
I do not recollect that he did. — All which is truth, as I shall ansri'er to God.
(Signed) Abch. Macarthub.
James Dewab, Modr. H
James Dewae, Clerk P.T.
At Pobt-Ellen, Fourth April, Eighteen Himdred and Fifty-nine.
Ke-compeared the said Abchibald Macabthub, who being again solemnly sworn and cross-examined I
for the Objectors, depones, I was not requested by any one to proceed to Glen Letts ; but I had Mr
MacCnaig's permission. Depones, I took pen, ink, and paper along with me to be used in getting the
mandate signed; depones, The first one that I called upon of those that signed was Alexander
Darroch, and the first four names on the mandate were persons belonging to his household ; depones,
I did not go to every house in the district of Glen Lotts on the occasion referred to ; depones, 1 know
all the parties that I called upon; depones, I was not aware that any part of the "Glen Lotts" was K
in the parish of Kilarrow ; depones, When I called upon the different i)arties, I told them that my
4)lject was to give them an opportunity of getting their names to be signed to the Call in favour of Mr
o
106
PROOF FOR THE PRESENTEE.
A Macintyre ; depones, I did not tell them that I myself was a Free Churchman, and because thej never
«asked me ; and I think I told some of them that I have permission from Mr Duncan MacCoaig to call
upon them ; depones, I know that the Darroch family belong to the Established Church, and Neil
Darroch, before mentioned, is a member of the same family ; depones, I have sometimes seen some
members of the Darroch fSunily who signed the said mandate in the Free Church, and I have seen the
said Neil Darroch there; depones, I have seen some of the Darrochs in the Established Church; but I
B cannot specify their names; depones, I do not recollect when I saw them there; depones, I might have
been another time in the Established Church of Eildaltdn, in addition to the three times already
deponed to, since niy childhood attending worship, but I do not recollect ; depones, Of the remaining
parties at said document, I know that Mary Sinclair, and Mary Sinclair that follows, who, as I already
stated, was marked down for Margaret by mistake. Alexander Johnstone, Catherine Johnstone, Ann.
Johnston, Hugh MacEachem, Mary Macintyre, Mary Robertson, Catherine Darroch, belong to the
0 Established Chiu'ch ; depones, I know this from their own statements when in conversation wi& them;
but I do not recollect whether I had any conversation with them on this subject upon the occasion
referred to.
Interrogated. — Do you know anything about the religion of the other parties, whose names
appear at the mandate No. 1 9 depones. So far as I know, the other parties belong to the Established
CSiurch ; but as to this I am not very sure, not being an adherent of the Establi^ed Church mysel£
D Interrogated. — Have you seen these other parties attending Divine service in the Established
Church, or any other church ? depones, I do not remember.
Interrogated. — Did you ask any of the parties referred to whether they had heard the Presentee
preach, and if so, which of them 9 depones, I asked some of them, but I do not recollect their names.
Interrogated. — Did any of them say to you that they had heard the Presentee preach, and if so,
which of them 1 depones, I do not recollect
E Being interrogated. — ^Did you adhibit any of the marks on said mandate with your own hand f
depones, I helped some of them.
Interrogated. — In what way did you help them ? depones, By catching the pen after them, and
sometimes I guided the hand in making the cross ; depones, I found three females in the house occu-
pied by the Sinclairs, the names of whom were Mary, Margaret, and Mary. I found none of them in
bed. The daughters' names are Margaret and Mary ; depones, I never was aware that any of the
F Sinclairs were weak in the mind, nor did I know they were paupers ; depones, I am not now aware
that any of the Sinclairs are weak in mind ; depones, I do not recollect what I said to them when I
called for the purpose already referred to, nor do I recollect what they said to me ; depones, It was the
mother and Margaret that signed the mandate by mark.
Interrogated. — Do you say that the marks appearing on the paper were made by them ? depones^
I told you already that I helped some of them, and among others the parties referred to ; depones,
G Margaret Macfadyeu, whose name appears below the Sinclairs' name, is an old woman, who was not in
bed when I called. I do not recollect that she told me that she heard Mr Macintyre preach ; depones,
I do not recollect of having seen Margaret Macfadyeu, excepting in the house on the occasion referred
to ; depones, I sec the name Neil Bell following the name Mary Sinclair, and the names of said
Margaret Macfadyeu, and also Flora Bell and Flora Macfadyen follow ; depones. The whole of these
parties were in the same house, and I suppose they are related to each other ; depones, I do not know
H how long these parties have been parishioners ; depones, I think I saw them all before that occasion,
but I do not recollect having seen them in church or going to church ; depones, I think I assisted the
said parties in adhibiting their marks, bat I am not sure ; depones, I know Donald Gillies, who signs
said document. I cannot say how long he has been in the parish. So far as I know he came fjrom
Oa, but I cannot say when he came to the parish ; depones, Hugh MacEachem signed the first time I
called upon him, and I do not recollect of calling upon him more than once. I found him working at
1 Glenegadale ; depones, I do not recollect of having ever seen Alexander Macintyre in the Free Chorch;
depones, Mary Orr, who signs by mark, is an old woman. Coll Macdonald, referred to in my exami^
nation-in-chief, is, so far as I know, a brother of Thomas Macdonald, who signs mandate No. 1. I
cannot say that he lives at Avenbogie, but he was at Port-Ellen at the time he signed the mandate)
depones, I cannot say whether Coll Macdonald is now shepherd with Archibald Crawford.
Interrogated. — Did you ever read the Call in favour of the Presentee, or did you hear it read!
K depones, I do not recollect of reading the Call, but I think I heard it read ; depones, I was not in the
church when the Call was moderated in; depones, I do not recollect of hearing the Call read befoie
my visit to Glen Lotts.
FROOF FOR THE FRESENTEE.
107
lataifogaied. — ^Were yoo ever forniahed with a copy of the Call] depones, I saw the Call in Mr A
I^mok's house, LagavaBn, where I called to copy the names, and I do not recollect of having seen it
lioCofQ that tim^,
Interrogated. — Do yon know the contents of the Calif depones, I have a good idea of it
Interrogated. — Had you any copy of the Call when you went to the Lotts to get the above men-
tioBied document signed) depones, I had not a copy in my possession on that occasion.
Ii^terrogated. — Did you make any explanation of it? depones, I told the parties I called upon all B
about the Odl to the best of my knowledge; depones, I do not recollect just now what I said to them.
Being shown mandate No. 8, depones. It is dated the 6th of September, 1858, and bears thirty-
five names, out of these twenty-six signed by mark, and twenty-three of the names are in my haud-
irnting; depones, I make the same answer respecting the adhibiting of crosses as I made regarding
tlioae adhibited to mandate No. 1, as to helping some of the parties; depones, I had Mr MacCuaig's
permission to call upon the parties who signed the mandate No. 8. I had no copy of the (Ml C
jJoog with me on that occasion ; depones, I was away from home part of the day above mentioned,
▼is., the 6th September last; depones, All the names adhibited to said mandate were so adhibited on
that day.
Biang shown the Call, depones. Of the names adhibited to said Call, there are a hun-
dred and forty-one written by me, commencing with the name, James Livingstone, on the 4th
page, and ending David MacEachem on the 6th page ; depones, I have seen Alexander Living- D
stone in the Free Church, but I do not think that he belongs to the Free Church; depones,
I do not recollect of seeing Ellen Campbell in the Free Church, nor Anne Mackerrol, nor can I say
what church they belong to. I never saw Archibald Lindsay in the Free Church. I think ho belongs
to the Established Church; depones, I have seen Sarah Shaw in the Free Church, but do not recollect
of having seen Flora Shaw there. I cannot say whether Sarah Shaw is a regiilar attendant of the
Free Church; depones, William Gilchrist is not very regular in his attendance on the Free Church, at E
least I cannot say that he is; depones, Either Mary Macintyre, or Emily Macintyre belongs, I think, to
the Free Church; depones, I have seen Agnes Macdonald in attendance at the Free Church, but
I think she belongs to the Established Church. Duncan Campbell does not belong to the Free Church.
I cannot say whether he belongs to the Established Church; depones, I would tt^e Qeorge Anderson,
whose name is written by me to the Call, to be above sixteen years of age; depones. The Angus
Hadnnes, whose name is signed by me to the Call, is a farmer in Port-Mien, and I saw the F
aaid Angus Macinnes adhibit his mark to mandate No. 2. I never saw him in the Free Church; de-
pones, I do not know the age of Isabella MacCuaig, whose name I wrote to the Call, and who signs
the mandate No. 2, but I think she attends school; depones, Archibald Macintosh, whose name is
also written by me to the Call, is, I think, about fourteen years' of age; depones, I know John Mac-
Callum, whose name is written to the Call I cannot tell how old he is, but he is married, and has a
^rown-up family. — All which is truth, as I shall answer to Qod. O
(Signed) Abch. Macabthub.
James Dewab, Modr.
Jakes Dewab, Clerk P.T.
At Pobt-Ellen, Fourth April, Eighteen Hundred and Fifty-nine, Half-past Sue o'clock p.m. H
Ee-compeared said Abchibald Macabthub, who, being solemnly sworn and cross-examined for
the Objectors, depones, I know Angus Brown, before referred to — ^he is now a married man; depones, I
cannot say where he lives at the present time. He is a mason; depones, He was in lodgings when
he signed the mandate, but I cannot say whether in Port-Ellen or Jomaramhail; depones, I am not
Tery sure how long he had been in the parish when he signed the mandate, nor can I say how long I
lie was in the pamh after he signed; depones, I know Henry MacCuaig personally, and he is a mar-
lied man; depones, I cannot say where he lives, but I think he is in the Parish of Oa. He was
married when he signed the mandate, and I cannot say whether he was living with his &unily there
at Ae time; depones, I never knew of Henry MacCuaig living with his fiunily in the Parish of Kil-
dalton; depones, I know, but am not well acquainted with Emily Macintyre and Mary Macintyre,
whose names appear at mandate No. 2. K
Being interrogated. — Do you know whether the parries referred to were parishioners of Kildalton
Mt the time their names were adhibited to the said mandate; depones, so &r as I know, they were
108
PKOOF FOR THE PRESENTEE.
A parishioners; but one of them might be away on a visit about that time; depones, these parties told 1110
tliat one of them had written her sister^s name when her sister was from home, as she knew her sistei's
mind, that she was favourable to Mr Macintyre; depones, I do not know whether either of the parties
referred to is known by the name of Mrs BcdL
Interrogated. — ^Which of the parties referred to told you that she had written her sister's name to
the mandate; depones, Mrs Bell and her sister spoke to me at the same time, but I do not recollect
B which of them told me she had written the name of the other; depones, I cannot say whether
Mrs BelFs name is to the mandate; depones, I do not know where the absent sister was when her name
was written to the mandate ; depones, James Macfarlane, who signed the mandate, is not now in the
parish, but his family are; depones, I do not know where he is; depones, I saw Donald Macmillaa
adhibit his mark to the mandate.
Being interrogated. — ^Did you make that mark; depones, I think he made it himself, but I do not
0 recollect whether I helped him or not.
Interrogated — When did you see Donald Macmillan out of his own house? depones, I cannot be
very pointed as to the day or date.
Interrogated. — Is it consistent with your knowledge that Donald Macmillan has been unable to
leave his house from infirmity for several years ; depones, I saw Donald Macmillan several times, about
the time the mandate was signed, on the street, and I saw hnn in the Steamer Tavern; depones, I do
D not recollect whether Macmillan had told me that he had heard Mr Macintyre preach ; depones, I know
Malcolm Macintyre, and I knew that he was working about Glasgow somewhere ; depones, I know
Samuel Johnston, but I do not know whether there be two of that name in the parish. I saw him
adhibit his mark, and the aaii mark might be made between us ; but I do not recollect I do not know
whether he can sign his name ; and the witnesses attention being directed to a similar name adhibited
to the same mandate, and interrogated whether both names refer to the same person, depones, I can-
E not say.
Interrogated. — ^What does Samuel Johnston do, and where does he reside? depones, I see him
sometimes going with a horse and cart, and he resides at Port-EUen, and I think he ia both a labourer
and a carter. I witnessed the name " Samuel Johnston " signed by mark, and Miss Sarah Shaw attests
the other signature ; depones, I know Anne Logan, and she is the wife of Hugh Logan ; depones, I know
Thomas MUler, and I cannot say whether he is now in the parish, but he was lately residing in
F Port-EUen.
Interrogated. — Are you the author of a letter signed Archibald Macarthur, Port-EUen, and published
in the Glasgow Herald of 7th March, 1859? depones, that letter wiU stand for itself and I decline to
give any ftirther information regarding it
Re-examined for the Presentee. — Depones, the conversations to which I have referred in my cross-
examination were just the same general conversations that I have had with parties since this case
G conunenced. I take my meals at Mr MacCuaig*8; depones, with regard to Miss Isabella MacCnaig^
whom I mentioned, although I do not know her age, she is a grown-up girL With regard to the
Darrochs that I have spoken about, I recoUect one of them telling me that he was ghd to meet me,
as he did not know where the CaU was. I was not aware that there was any particular age at which
only parties could sign a CaU, but I had an idea that if they were about fourteen years of age, that thej
might sign ; depones, the young people that have signed, came of their own accord, so far as I was con-
H cemed, and they may have come by the desire of their parents.
Interrogated by the Court — Do you know where Peter Clark and Marion Clark reside? depones^
I kpow Peter Clark resides in the Lotts, and Marion Clark was residing at Port-EUen when she signed
the mandate.
Interrogated. — ^Are you aware that there are the Duich Lots, Glenegadale Lots, and Glen-Mackeiy
Lots? depones. Yes.
1 Interrogated. — In which of these Lots has Peter Clark his residence? depones^ In Dnick
Lots.
Interrogated. — Are the Duich Lots the residence of Peter Clark, within the bounds of the pariA
of KUdalton ? depones, My opinion is that Peter Clark's residence is within the bounds of the pariA
of KUdalton. Are you aware whether the Duich Lots are within the bounds of the parish of Kaldalton
or KUarrow? depones, They are within the bounds of what I have always heard of as the boundaries
K of KUdalton parish. These boundaries being Laggan lliver,and Torra Bivcr, and some other mark about
or near Glen Churidale.
Interrogated with reference to your answer, "I explained to any person who came to sign, or U>
PROOF FOR THE PRE8EXTEB.
109
irliom I showed tiie mandates, the purpose for which they were to be signed;** and farther, in getting jL
these mandates signed, ''I acted Mrlj and honestly towards the parties who signed the same, and to
the best of my biowledge and ability;*' what explanation you gave, and you are requested to state
what you mean by acting ^ly and honestly in the case? depones, I told them that they were entitled to
sign, being Protestants, members of the congregation, and paiishioners from thdr own experience, or
receiving good information from others regarding the Presentee's ministerial gifts and qualities.
Interrogated, with reference to these parties in connection with the Free Church who signed the B
mandates, and whose names you afterwards wrote to the Call, you are requested to state whether
at the time they were destitute of a fixed pastor, and did they express their desire to have the Pre-
sehtee as their pastor? They were not destitute of a fixed pastor, nor did they express their desire to
have the Presentee as their pastor; but I remember one man, viz., Samuel Macfiirlane, who, when in
the act of signing his name, told me that he was a Free Churchman, when I remarked that I was
a£raid that it would be wrong for him to sign, when he replied, that any one being a parishioner had a C
right to sign, excepting Roman Catholics.
Interrogated. — Seeing the parties alluded to were not destitute of a fixed pastor, and that
they did not desire the Presentee to be their pastor, what meaning did you attach to their signing the
Call in favour of the Presentee? depones, I had nothing to do with other people's meanings. — ^All
which is truth, as I shall answer to God.
(Signed) Abcbd. Maoarthub. D
James Dswab, Modr.
James Dswab, Gerk P.T.
At this stage the procurator for the Presentee proposed to recall the witness Jameb Macdougali^
for the purpose of examining him with regard to two points which require further investigation: — E
1st, As to whether the witness can state distinctly, that the mandate which he signed had the
heading upon it when so signed by him; and whether his impression, that the mandate was in fEivour
of the witness Macarthur, arose from the fact of his having been the party who called upon him.
2d, The witness was called upon to institute a comparison between the Presentee and other
ministers, but he has left that comparison incomplete, and it is necessary for the ends of justice that
the said comparison should be exhausted. F
To which motion it was objected for the Objectors, Ist, That the motion is irregular and incom-
petent, in respect that it proposes to examine the witness with the view to supply an alleged omission
in his evidence, after the witness has been examined and discharged, and where it is not allied that
his deposition has been lost, or that any new facts have arisen in the examination of subsequent witnesses,
having a tendency to impeach the credibility of the present witness; and to admit of such a course of
procedure would be, in fact, to allow a witness to undo all that he had already deponed to on oath, and Or
to renew the proof on both sides. In point of fact, the witness's former evidence embraced the very
points on which it is now proposed to re-examine him, and it is quite incompetent, either on the part
of the witness to attempt to come forward for the purpose of amplifying his former testimony, which^
upon second thoughts, he may think will give greater force to it, or for the party adducer to attempt to
remove any difficulty in which he may suppose such deposition may have involved his interests. The
deposition was taken in the usual manner by the party adducer leading-in-chief, and the opposite party H
cross-examining, and an opportunity afibrded to the adducer of re-examining the witness; and last of
all, it was concluded by interrogatories from the Court, and read over and subscribed by the witness.
Upon the first point, in which it is proposed to re-examine the witness, and to show that
nothing new has taken place to justify such course, the Court is referred to the witness's former
deposition, where he depones fiilly in regard to the circumstances connected with the signing of the
mandate, and to his knowledge, as at the time he emitted his deposition, which is the only evidence the I
Coiirt can take into account; and the Court is also referred, on the second point, to his deposition, in
which he does enter into such a comparison as that referred to in the motion, and which he must be
held to have given according to the best of his judgment at the time his evidence was delivered. The
motion is, therefore, incompetent, as being unwarranted by any principle of law and being without any
foundation in point of fact.
Answered. — The motion is perfectly competent and regular, and however applicable the objec- K
tion now urged against it might have been previous to the 17th day of June, 1852, when the Law of
Evidence Amendment Act was passed, they have no application now. By the fourth section of that
110
PROOF FOR THE PRESENTEE.
A Act (15 and 16 Vict, cap. 25 and 27), it is enacted — " It shall be competent to the presiding jadge,
or other person before whom any trial or proof shall proceed, on the motion of either party, to permit
any witness who shall have been examinee^ in the coarse of such trial or prooi^ to be recalled.'" The
only points on which the witness is to be examined are two, and it is necessary, for the ends of jostioe,
that he should be examined thereon ; the same being indistinct and being capable of being easily
cleared up ; but the Objectors seem to wish to keep matters as they are.
B Parties being removed, the Presbytery, after reasoning, refused the motion, the Rev. Mr Macdonald
dissenting.
Whereupon the agent for the Presentee protested and appealed rU supra, for the reasons stated in
his answers to the objections, and for other reasons to be stated at the bar of the Assembly upon the
discussion of this appeal.
(Signed) James Dewab, Modr.
C James Dbwaii, Clerk P.T.
At Pobt-Ellen, Fifth April, Eighteen Hundred and Fifty-nine.
At this stage, the procurator for the Presentee, in terms of the reservation made by him at a
3) previous diet, proposed to examine the Reverend James Dewar, Minister of the parish of Oa, and
Moderator of the Presbytery, as to Ms having baptised the child of Neil Darroch, said to be a Free
Churchman.
The Presbytery having considered the motion, allowed the Reverend James Dewar to be exa-
mined upon the point referred to.
Whereupon the Reverend James Dewar having left the chair, same was taken by the Reverend
£ Mr Macfie, the last Moderator.
Compeared the said Reverend James Dewab, who, being solemnly sworn as a witness for the
Presentee, depones : — I baptised the child of a man of the name of Darroch, who lives above Mr
Ramsay's distillery, near Port-EUen, but I do not know his Christian name, nor do I know that he is
the individual referred to by the previous witness, of my own knowledge ; but I have been informed
by Mr Scott, land steward for Mr Ramsay, since the question was mooted, that he is the individual
^ referred to ; and before administering the ordinance, Mr Scott certified as to his character. I bap-
tised the child upon the understanding that he (Darroch) belonged to the Established Church of Scot-
land, although he pretty frequently attended the Free Church. Depones, I think the ordinance was
administered in the month of February last ; depones, Mr Scott belongs to the Free ChurcL — All
which is truth, as I shall answer to God.
(Signed) James Dewab.
O Daniel Macfib, Modr. P.T.
James Dewab, Clerk P.T.
Compeared Donald Macintybe, Shopkeeper in Port-Ellen, who being solemnly sworn and
examined as a witness for the Presentee, and being shown the mandates Nos. 3, 4, 5, 6, and 1r
j[ depones, These mandates were granted in my favour by the parties whose names appear thereto; d^
pones, none of the parties' names who appear there belong to the Free Church, so for as I know.
Interrogated. — Did you go to Lagavulin in order to put upon the Call the names of the parties
appearing at the mandates? depones, I did, and I went there for the purpose, so fisu: as I can recollect,
between four and five o'clock in the evening ; depones, I did not find Mr Levack at home the first day*
I waited an hour the first day ; depones, I saw him the next day.
J Interrogated. — Did you see Mr Levack the next day, and did he assign to you any cause for lifc
absence on the previous dayl
Objected for the Objectors, that the Call bears the names adhibited to it by this witness, mn
written upon the fourth September, and any evidence as to what Mr Levack may have stated as to the
cause of his absence on any other occasion, is extrusive, and cannot be admitted in contradiction of a
written document. 2d, That the object of the question is to drag into evidence the name of a gentle-
X insin who is afforded no opportunity of defending himself against imputations afiecting the present pro-
ceedings, and is clearly not the best evidence upon the point involved, although it were consistent with
the fact, as Mr Levack is at hand, and can be called upon to bear evidence in regard to that fact. Sd,.
PROOF FOR THE PRESENTEE.
Ill
Tlunt any oonyersadon between the witness and Mr Levack as to the absence of the latter, is dearly A.
not evidence in this case.
Answered. — ^The object of the Presbytery ought to be to receive any competent evidence with
r^ard to the manner in which the Call has b^n signed, and a similar course of examination has been
gone into in the case of the witnesses Duncan MacCuaig and Thomas Armstrong, luid it is out of the
question for the Objectors to attempt, at this stage, to shut out an inquiry.
Parties being removed, the Presbytery, after reasoning, sustained the objections, and disallowed B
the question to be put, and for this reason, that Mr Levack, who was in Edinburgh attending
the classes when a similar question was put to the witnesses Mr Duncan MacCuaig and Thomas
Armstrong, is now in the neighbourhood, and can be brought forward to answer for himself; against
which finding the procurator for the Presentee protested and appealed tU supra, for the reasons stated
in the answer to the objections.
Interrogated. — ^Did Mr Levack, on the occasion when you saw him, and when you adhibited the C
names contained in the mandates to the Call, state to you that the reason of his absence was that he
had been teaching in Mr Walter Graham's family f
Whereupon it was objected as above, and for this additional reason, that the present question
is put in a more objectionable form than the preceding one, being leading. Answered as above. The
Presbytery sustain the objection and disallowed the question, for the reason stated for refusing to
allow the preceding question to be put. D
Whereupon the procurator for the Presentee protested and appealed ut mpra, for the reasons
above stated ; depones, The parties who signed the mandates, or who gave me authority to sign them,
knew that it was for the purpose of signing the Call in favour of Mr Macintyre ; depones, the Steamer
Tavern is the most central part of the ^lage, and the highway from the pier from Lagavulin and
Bowmore passes the door ; depones, The parties who signed the mandates did so voluntarily; depones.
None of the mandates identified by me were signed in the Steamboat Tavern. £
Cross-examined for the Objectors, and being shown an extract of summary conviction, dated at
Inverary, the 28th day of January, 1856, and bearing to be extracted from the record of the Sheriff
Court of Argyleshire, and signed by Peter Campbell, Depute Sheriff Clerk, at the instance of tho
Procurator Fiscal of Court, for the public interest, against Donald Macintyre, and now or lately dealer,
and now or lately residing at Ardsheal or Port-Ellen, in the parish of Eildalton, island of Islay, and
county of Argyle, for the crime of assault on an officer of the law, or police constable, to the injury of F
his person, and interrogated, are you the Donald Macintyre mentioned in said extract; depones, I
never saw such a place as Ardsheal in my life; depones, I cannot say whether I was residing at
Port-Ellen in the year 1856.
Interrogated. — Are you the individual referred to, charged with the crime specified in the said
extract? depones, I decline to answer that question, and I never lived at a place called Ardsheal
Being shown the Call, depones, I see the name Archibald Macintyre written thereto ; and being Q-
shown the mandate No. 3, depones, the Archibald Macintyre written thereto represents the same
individual; depones, The said Archibald Macintyre is my brother, and I think Ms age is between
fourteen and fifteen.
Being shown an extract of entry of the birth of Archibald Macintyre, son of Donald Macintyre,
Ardtalla, and Jane Campbell, under the hand of Duncan Blair, rcgistrai*, and bearing that the said
Archibald Macintyre was born on 13th July, 1845, and interrogated if the said extract applies to the H
said Archibald Macintyre whose name appears to the Call and mandate? depones, the names Donald
Macint3rre and Jane Campbell are those of my parents, and Archibald Macintyre, whose age is certified,
IB my brother, and the person referred to; depones, as far as I recollect, I saw my brother sign the name
"Archibald Macintyre" appearing at said mandate. The initials A. M*N. on the margin represent
Angus Macniven.
Being shown the Call and interrogated. — Do you see the name Ronald Campbell written thereto? I
depones. Yes ; and I think it was written by me to the Call. I know it was.
And being shown the name Ronald Campbell to the mandate No. 4, and interrogated. — Does that
name represent the Ronald Campbell in the Call? depones, it does.
Being shown an extract from the Register of Births and Baptisms, certifying that Ronald Campbell,
son of Alexander Campbell, Laphroig, and Marion Macmillan, was born on 16th July, 1850, at Laga-
vulin, and interrogated — Does that certificate apply to the Ronald Campbell whose name appears in K
said mandate and Call ; de])ones, 1 do not know ; depones, I know that the father of Ronald Campbell
is an Alexander Campbell, his mother's name is Marion Macmillan, and both of said names appear at
112
PROOF FOR THE PRESENTEE.
A said extract ; depones, the said Ronald Campbell resides with my uncle, at Ardelistry ; depones, the
said Ronald Campbell Is a boy, but I cannot state his age ; depones, I cannot say that he is more than
nine years of age ; depones, I wrote the name Ronald Campbell to the mandate No. 4.
Being shown the CaU, I see the name above Black written there; depones, I cannot say how old
Anne Black is, I think she is the daughter of John Black, but I am not sure; depones, I cannot say
whether the said Anne Black is more than ten years of age; depones, I know her by sight.
B Being shown the mandate No. 3, depones, I see that the names Archibald Macgill and John Mac-
Cormick were fii-st written in pencil, and the pencil writing was traced over in each by me. The said
persons had been working in the field, and signed their names with a pencil, and after I returned
home 1 traced the pencil writing in ink; depones. The foresaid A. M'N. was witness to the signatures
of the said parties, and wrote these initials in pencil, and I traced them over in ink after I had returned
home. — ^AU which is truth, as I shall answer to God.
C (Signed) Donald Macintyre.
James Dewar, Modr.
James Dewae, Clerk P.T.
At Port-Ellkn, Sixth April, Eighteen Hundred and Fifty-nine.
D
Compeared Thomas Macdonald, residing at Avenboggie, who, being solemnly sworn and examined
as a witness for the Presentee, and being shown mandate No. 1, depones, I see my signature at the
bottom thereof, as witness to the signatures of Donald Macdonald, my father, Jessie Macdonald, my
mother, and Anne and Margaret Macdonald, my sisters. My own name is also signed to the mandate;
depones, I called for the mandate at the New Inn, Port-Ellen, and took it with me to Avenboggie, for
E the signatures of the parties above-mentioned; depones, I was led to believe that we were parishioners
in the Parish of Kildalton, ever since I came to Islay, and it was under this belief that I and my
relatives, already referred to, signed the mandate; depones, I signed the mandate of my own accord,
and after having heard the Presentee preach; depones, I still consider that I am a parishioner; depones,
I never made any inquiries whether I was a parishioner or not, because I never heard it questioned
that I was a parishioner until now; depones, 1 have a brother of the name of Coll Macdonald. He goes
p backward and forward to and from Islay, in the prosecution of his business, and he calls Islay his
home. He is unmarried. He signed a mandate.
Cross-interrogated for the Directors. — Depones^, It is about ten months since I came to Islay firom
Mull, and my relatives above mentioned came at the same time, I include my brother Coll; depones.
My fiither is related to the Presentee ; but I C€'innot state in what degree. I and my relatives above
mentioned came from Scallastle, near Craigimre; depones, 1 cannot exactly say much about the
G boundaries between the parishes of Kildalton and Kilanow ; depones, 1 cannot define the boundaries
of the parish, except as I was told; depones, I attend the church at 13owmore when I cannot get
preaching at Kildalton ; depones, I am not a communicant ; depones, My father and mother are com-
municants, and they communicated at Bowmore church, because they could not communicate at Kil-
dalton ; depones, I heard the Presentee preach in August last in the church at Kildalton : depones, I,
and our family came to reside at Avenboggie on the 26th of May last; depones, I did not attend
H divine service at Kildalton church from that date, till I heard Mr Macintyre preach, because Mr
Afacintyrc was not there ; depones, I have not attended divine service in Kildalton church since I
heard Mr Macintyre preach ; depones, None of our family attended service in Kildalton church, except
on the first day that Mr Macintyre preached, when 1 and my two sisters, Anne and Margaret attendo^
and heard both services ; depones. My father and mother did not attend ; depones. Sometimes I knev,
and sometimes I did not know that there was divine service in Kildalton church during the vacancy
I under the appointment of the Presbytery; depones, I Jim in the sen'ice of William Webster, residing
at Dell, and I am a shepherd on the fann of Avenboggie. My father is also a shepherd in Mr
Webster's sen'ice on the same farm : depones, I do not reside at Glen Letts, nor have I any knowledge
of a place called Glen Lotts.
Being shown the mandate No. 1, uiul your attention being directed to the words Glen Lotts
written after your name, you are ro([uestecl to state ^vh ether these words were written by you, or if
X you know who wrote theiu I depones, 'i'lie words Glen Lotts, which appear after .my signature, were
not written by me, and I do not know by whom they were written : depones, I cannot mention the
name of any one who mentioned to nie, or told me that xVvenboggie, my residence, is in the parish of
PROOF FOR THE PRESENTEE.
113
Kildalton ; depones^ I do not recollect of Mr Webster informing me that Avenb^ggie xms within the jL
parish of Killurrow j he might or he might not have done it ; depones^ My brother Coll is a general
dealer. He deals in sheep and cattle, and for some time he had charge of a flock of sheep belonging
to Archibald Crawford, cattle dealer, which were feeding on tomips within the bounds of the parish of
Kildalton ; depones^ He is not in Mr Crawford's service now, so fiur as 1 know ot nor can I say when
lie 1^ Crawford's service; bat he was in his service for several months, firom the beginning of August^
till about the b^g^ming of winter ; depones, my brother Coll has been in Perthshire and other parts of B
ihe countiy since he idb Mr Crawford's service ; depones, I have got notice to quit Mr Webster's ser-
vice in May next.
Being shown the mandate and interrogated. — ^Who wrote the names of your relatives above-
mentioned, which appear adhibited thereto? depones, my &ther, Donald Macdonald, wrote his own
name, and I wrote die name of Jessie Macdonald^ who is my mother, and my sister, Margaret^ wrote
iier own name and that of my sister Anne; depones, it is the Established Church at Bowmore that our C
funily attend.
Be-interrogated for the Presentee. — ^Depones, although my fiftther and mother did not hear Mr
Hacintyre preadi at Kildalton, they had heard him preach in Mull and Morven; depones^ so £ur as I
know, the relationship between Mr Madntyre and my &ther is £ur removed ; depones, although we came
firom MuU to Islay, our &miLy belong to Glencoe.
Interrogated by the Court — On what side of the Torra river is your residence? depones, on the D
north side.
Interrogated. — ^Is Bowmore on the same side of the Torra? depones, Tes; it is on the north side;
depones, I do not recollect whether any one told me that the Torra river is the boundary between the
■two parishes. — ^All whicb is truth, as I shall answer to God.
(Signed) Thomas Macdonald. e
Jamks Dewab, Modr.
James Dewab, Qerk P.T.
Be-compeared the said Donald Magintysb, who being again solemnly sworn and cross-examined
"for the Objectors, and shown mandate No. 3, depones. The name Mrs Donald Macintyre, being the F
last name at the mandate, is in my handwriting, and she is my wife ; depones, I am not sure whether
the names " John Morrison," and ^'Archibald Madntyre," are in my handwriting.
Being shown the mandate No. 4, depones, I cannot say who wrote the heading to it, but I got it
at Mr Duncan MacCuaig's; depones, I see that it does not bear any date; depones, The name Peter
Madntyre is in my handwriting, and I wrote said name because he could not see to write himse1£
The next name, Mary Madntyre," is also in my handwriting, and I wrote it because she could not O
write herself; depones. The next name being Christy Campbell, is also in my handwriting, and the
hst name at the mandate in question Is that of Bonald Campbell, which was also written by me;
depones. There is no mark by cross, or otherwise, adhibited by any (k the parties referred to; depones,
I stated to the Presbytery that I tiiought the said Bonald Campbell was fourteen years of age, and
such was my opinion at the time, but I was not sure^ but since the certificate of his birth has been
shown, I have no doubt that he is between dght and nine years old. H
Being shown the mandate No. 5, depones, I see my name written thereto as the attesting witness;
depones, I did not see Margaret Mackay sign said document, but I saw her husband, Angus Alacnicol,
write his own and her name; depones. The heading of said mandate was not written by me, and I do
not know who wrote it
Being shown mandate No. 6, depones, I am not sure who wrote the heading of said mandate; de-
pones, It bears to have been written in August, 1858, but the day is not specified; dep<mes, I cannot I
say who wrote the names on the first page, because there were so many names written the same time;
depones, I saw these names written; depones, They were written by different parties; depones. Some
of the names written on the first page, were written by me, but I cannot say how many, as the time is so
long since past; depones, I stated to the Committee of Presbytery that Duncan Macfie had written and
witnessed some of the names; depones, There are some names written on the first page, but there are
three scored out, because they afterwards signed the Call personally; depones, I see that one of the K
names scored out, is that of Mrs MacCuaig. I do not know what her husband's Christian name was,
but I think it was '^Duncan."
p •
114
PROOF FOR THE PRESENTEE.
A Being shown the Call, and interrogated, is the name " Christina MacCuaig," adhibited at the
bottom of the second page, the same individual whose name is scored on the first i)age of said mandate ?
depones, I cannot say.
Being shown the Call, and your attention being directed to the name Mrs Dun. M'Coaig written
thereat, you are requested to state whether the same was written by you, and to point out the corres-
ponding name in any of the mandates in your £Eiyour which remain unscored 1 depones. The name was
B written by me to the Call, but I cannot see a name corresponding among the unscored ? depones, The
mandates were left in their complete state with Mr Levack, and were scored when I got ibem back,
after the names were written to the Call* ; by this I mean when I saw them on Mr Levack's tabla
Depones, The names were not scored out by mo ; depones, The Mrs Duncan M'Cuaig, written at the
Call, resides at Ardbeg, but I cannot say whether she is the same person as Christina M'Cuaig; wha
signs the Call.
C Being shown the said mandate. No. 6, and your attention being directed to a docqnct at the foot
of the second page, to this effect, Those scored out have since signed personally," you are requested
to state if the docquct is signed by you, and whether it refers to the names scored in the said man-
date 1 depones. The said docquet is signed by me, and it refers to the names therein scored, and it was
written by some one, but whether by Mr Levack I cannot say ; depones, It was Mr Levack that
asked me to sign it, and when I signed it I considered that I was certifjdng that I was satisfied that
jy the docquet expressed the truth.
Being again shown the mandate and interrogated. — Who wrote the names on the second page?
depones, the names were written by several parties; depones, I do not recollect whether Doimld
Mac&dyen, who subscribes as a witness at the top of the second page, wrote any of the said names.
Being interrogated. — Did you state to a committee of Presbytery that the said Donald Macfadyen
had written the names on second page of said document down to, but not inclusive of William Taylor?
E depones, I have nothing to say to that question ; depones, I saw these names written, and they were
written at Ardbeg; depones, I do not know, for I do not recollect, whether they were written by the
same hand; depones, I see my name adhibited as a witness, and it is intended to indicate that I wit-
nessed the names written VL\)on the second page down to the foot; depones, the name Hector Macallister
was written by the said William A. Taylor; depones, the name Mrs MacEwen, on the second page, and
the whole of the names on the third and fourth pages of mandate No. 6, were first written in pencil, and
F thereafter traced over by me in ink; depones, I see the names of Margaret Macallister, Maiy Macallister,
and Mrs MacaULster, written thereto; depones, the document was not in the hands of any of the persons
referred to, but John Macallister authorised me to put their names down; depones, John Macallister is
the &ther of Margaret and Mary, and the husband of Mrs Macallister; depones, I d^d not see nor speak
to Mrs Macallister, nor to Margaret Macallister, nor to Mary Macallister, nor was I authorised by ihem
to sign for them, nor did I read over the mandate, nor was I in the dwelling-house; but I went to the
0 amithy, and saw said John Macallister, and he told me to put down the names of his wife and two
daughters; depones, Donald Morrison^ who signs the last on page fourth, wrote his name in pendl, and
it was afterwards inked over by me; depones, I do not think that Robert Weir and Alexander Weir,
whose names appear on the thurd page of said mandate, ever had the document in thdr hands; depones^
I met Robert Weir, Alexander Weir, and Dimcan Lindsay, whose names also appear on the third page
of said mandate, on the road between Ardenersy and Ardbeg, when they were employed in leading home
H peats; depones, I did not read over the mandate to them, but they knew for what I was asking their
signatures; depones, I wrote down their names in pencil, with my own hand, on the road, and traced them
over with ink after I got home; depones, I did not ask whether they could sign their own names. I
do not recollect whether I asked them if they had heard the Presentee preach, nor do I know whether
the said parties belong to the Free Church; depones, I do not think that I have seen Lindsay in the
Established Church, but I think I have seen Robert Weir and Alexander Weir there. I do not recol-
1 lect whether I have seen either of the Weirs in the church of Kildalton within the last twelve months.
Being shown the mandate No. 7, dei^nes, I see it beai-s no date, and I cannot say who wrote the
heading ; depones, I see thirteen names scored out in said mandate, and a docquet signed by me to this
effect — " Those marked out have since signed personally."
Being interrogated. — How many of the names remaining at said mandate were written by you?
depones, I cannot recollect the whole, but I know I wrote the following names which appear at the
K mandate, without any mark by the parties, viz., Mrs Macaffcr, Mrs Macmillan, Mrs Blacl^ and Bdi
Madellan; depones, The person whose name is written ''Thomas Calder" on said mandate, is the same
as Thomas Mactaggart, and Mactaggart is his father's name ; depones, Probably I wrote the names
PROOF FOB THE P&ESEKTEE.
115
Janet CaJder and Thomas Calder on said mandate, but I do not recollect; depones, 1 do not rigbtly A
recollect whether I wrote the names of Mrs Archibald Maclargaa and Mrs Donald Madargan, which
appear on said mandate without any mark made by the parties.
Interrogated. — ^Did you state to the Committee of Presbytery that you had yourself written the
names of Janet Calder, and Thomas Calder, and Mrs Archd. Madaqgan, and Mrs Donald Madarganon
said mandate I depones, I do not say that I did not state to the Committee of Presbytery that I wrote
these names; but it is so long since that I do not recollect, and I do not dispute but I stated so to the B
Committee of Presbytery, on 27th January last, but I recollected then better than I do now.
Interrogated. — ^Do you or do you not know your own handwriting when you see it? depones.
Had I signed last week, but I would know what was done six months aga — ^All which is truth, as I
shall answer to God.
(Signed) Donald Macintyrk.
Jakes Dewab, Modr. C
Jaxbb Dewab, Clerk P.T.
At Pobt-Ellbn, 6th April, 1859, 7 o'dock p.m.
Be-compeared, the said Donald Maginttbe, who being again solemnly sworn and interrogated D
for the Presentee, depones, I had some business up^the country when I got the mandates signed, and
I went of my own accord to Mr MacCuaig and got forms of mandates from him; depones. The two
Weirs and Undsay, before mentioned, told me that they were quite willing to sign; depones. No name
was put down witiiout the authority of the parties thomsdyes, or of their husbands or fathers, and I
have stated all instances of this kind in my cross-examination ; depones. So as I recollect, the onfy
instance in which I marked the names at the time in pencil, and wrote the same over in ink £
afterwards, is in the case of the Weirs abore mentioned, and also the names of Macallister's wife and
two dan^ters; and as fisu: as I recollect any other instance where a pencil subscription was afterwards
written with ink, the pencil subscription was made by the parties themsdves when they oonld
write ; depones, I am not acquainted with the way in which documents ou^t to be signed.
Intenogated. — ^In getting these mandates signed, did you act to the best of your knowledge, or
had you any improper purpose in view in doing what you have above deponed to? F
Objected by the Objector& — 1st, That the purposes for which the mandates are signed are stated
in the mandates themsdves.
2d, That the witness must speak to facts and not to motives, and the extent of his knoniedge or
motives must be judged of by his actions. The question is one of law, whether the mandates have or
have not been properly subscribed, which is not evidence, but a legal deduction from the facta deponed
to^ and want of knowledge is no excuse for a wrong perpetrated. G
Answered. — ^This witness, as wdl as the others who have been examined with regard to the Call,
has been brought forward in deference to the opinion expressed by the Committee of Presbytery, that
it would be expedient to have the evidence of parties on oath So for as the Presentee is concerned,
he has never had the slightest desire to withhold any evidence on the subject, and the parties have
been brought forward in order that whatever mistakes or errors may have been committed should be
folly and fairly brought out. There can be no reason, therefore, why such a question as that now pat H
should be objected to, as it is put predsdy for the purpose of assisting the Court and enabling them
to sift to the bottom the matters now under investigation.
Parties being removed, the Presbytery, after reasoning, sustain the objection, and disallow the
, question, for the reasons formerly assigned in disposing of questions of a similar tendency.
Whereupon the procurator for the Presentee protested and appealed ut mproj for the reason that
the question is perfectly competent I
Interrogated. — What was your motives or intentions with respect to the manner in which the
mandates were signed as above deponed to?
The Presbytery, after reasoning, disallowed the question as incompetent, upon the grounds that
that the Court has to do with facte, and not with motives.
Whereupon the agent for the Presentee protested and appealed ut mpra^ for the reason that it is
manifestly unfair not to allow the witness any opportunity of explalDing his views upon the matter in K
question, so that it n^iglit be seen whether or not he was acting in good or bad faith in the part he
IIG
PROOF FOR THE PRESENTEE.
^ took, and whether he acted to the best of his knowledge or information, in regard to the way in \riiidr
8ome of the signatures were adhibited.
Being referred to that part of your deposition-in-cross, relative to Anne Black, and being shown
extract of entry of birth of the said Anne Black, dated 6th April, 1850, yon are requerted to sUte
whether you observe there that she was bom in November, 1844, and whether the Anne Black refisred
to in said certificate, is the Anne Black with reference to whom you have deponed — ''I cannot Hqr
B whether the said Anne Black is more than ten years of a^e?" depones, I see from the certificate thit
Anne Black was bom in Nov., 1844, and she is the Anne Black referred to in my answer aboreqooted.
Interrogated. — Are you aware that since the Call and mandates were signed, some of the Objecton
have been going round endeavouring to get some of the Callers to withdraw their names from the
CaU]
Objected. — That the question is incompetent, in rcsiMJct, Ist, That although it were a proper
Q question, it is not cross to the examination of the Objectors, such cxaiuinatiou being cross to the fn-
sentce's examination-in-chief, and it being clearly contrary to the mle observed in taking evidence fiw
a party adduccr to renew his examination upon fresh questions.
2d, Because the question refers to matters which have taken place (according to the way the
question is i)ut) after the parties have joined issue, and if it involves the conduct of any objector \rho
has been examined (us a witness, a fomidation should have been laid for it by putting the question to
jy him, in order to afford him an opportunity of rebutting the insinuations contained in the question,
which, at this stage of the case, he is deprived of; and if it refers to any other party, the question is
too vaguely stated, and it would be unfair, under any circumstances, to absent parties, to allow such a
question.
3d, Because at the outset of the present line of examination, commencing with that of Archibald
Macarthur, the Presentee stated that he intended it to refer to the Call, and he has accordingly been
£ endeavouring to ])rove signatures to mandates, ^^-itli a view to maintain the authenticity of these, and
not with reference to the conduct of any third party in regard to the withdrawal of names ; and, at all
events, the best evidence is to bring forward either the party implicated or the i>er8on who, it is pre-
tended, was tampered with, and not this witness, who, at best, could only have his information at
second hand, or through the channel of hearsay evidence.
Answered. — ^Tlie procurator for the Presentee denies the statements contained in the preceding
jf objections, and holds as repeated his answers to objections of a similar nature.
Parties bemg removed, the Presbytery, after reasoning, sustainetl the objection, and refused to
allow the question to be put ; the Moderator liaving left the chair, dissenting, for reasons fonnerij
assigned in (UsfH>sing of questions of a similar tendency.
Against which finding the procurator for the Presentee protested, and appealed to the ensuing
meeting of the (rcncral Assembly, for the following and other reasons to be stated at the discussion of
Q this appeal — that the question involves a ].x)int of great imj>ortance as bearing upon the case.
Interrogated. — Did Mr Walter Qraham and Mr Dempster, agent for the Objectors, go to yoar
nucleus house at Ardclistry, with regard to his ha^-ing signed the Call, when he was lying upon a bed of
sickness, and has he suffered in consequence of said ^-isit, and is he now considered to be upon la
death-bed?
Objected for the Objectors. — ^That the present question is characteristic of the malidoos
j[ calumnies which the Presentee has thought pro2)er to indulge in the conduct of his case, putting
questions m an incompetent fomi, and utterly irrelevant, merely for the purpose of insinuating
improper conduct and motives on the part of those who have in the exercise of their privileges con-
sidered it their duty to oppose his settlement The fact is that Mr Graham is the tenant of
Ardelistry, and this witnesses uncle, Peter Macintyre, Is a small cottar of his on the &nn of Aideliatiy, •
paying £3 of rent, and on the occasion referred to, Mr Craham and Mr Dempster drove to ArdeUsbf,
J not for the puri)ose of even calling upon Mr Macintyre, but for the [mrix>se of visiting Mr Qraham's bar
on one of the days the Presbytery did not happen to meet. Mr Ch-aham did not call at Mr Madntyie'ft
house at all, even fur the puii)()sc of inquiring after his health, although he had been long aoqnaintei
with Mr Macintyre, and it is believed held in sunie esteem l>y him. ]\Ir Graham refrained from calling
at some sacrifice to his own kuidly feelings towards the old man, in consideration of the position whiA
he held, and in Ccisc his calling might be misconstrued. ^Ir Dempster, however, when Mr Graham
was engaged with his business at the shephenrs house, did call upon Mr Macintyre, and found him
in bed, and on inquiring after his health, he said he had been laid uj) for fifteen weeks, and was afraid
Jie woidd never rise from the bed on which he lay. So far as ^Ir Dcmi^ster recollects, he never spoke
PROOF FOR THE PR£SENT£E.
117
-to Mr Hacintyre sboat ihe dull, or the Bresentee^ or the present case ; bat merely spoke to him a lew A
iKTords r^arding the state of his health, and in this he (Mr Dempster) was imp^&ctljr understood, as
lie did not understand Gaelic, and Mr Macintyre appeared to understand English imperfectly. Mr
Dempster had, however, preyioualy heard that the individual now under examination had written the
names of Mr Uadntyre and ike other members of his household, including that of the boy Ronald
Campbell, which the witness has confessed upon oath to-day that he has done; and he preoognosced a
£smale in the hotise upon that point in the prosecution of his duty as an agent, but this, it is believed, B
waa entirely out of the hearing of Mr Macintyre, and it is grossly fiJse to state that such precognition
could have had the slightest effect upon the health of Mr Macintyre. Mr Dempster offers to adduce
before the Presbytery Mr Madntyre's medical attendant, Dr Johnston, in refutation of the base calum-
niea insinuated in the question. The Objectors' agent thinks it necessary to observe that this witness
vras not present on the occasion, nor did he see him upon that day, and the witness cannot, therefore,
of his own knowledge, say anything about the circumstances. While the Objectors have considered it C
necessary to record this explanation in r^ard to an occurrence which, by introducing it by a side wind
into the present proceedings, the Presentee has endeavoured to make the most o( they object to the
competency of the question — Ist, Because it does not bear upon any point admitted to probation in
the present case; and 3d, Because it has no bearing whatever upon any part of the previous examina-
tion ; and 3d, Because the question is vague and absurd.
Answered. — ^The question neither involves a malicious calumny, nor is it irrelevant The matter D*
^was communicated to the Presentee's agent by the relatives of the party in question, who, although the
Objectors appear to despise him as a poor cottar, from the statement which they make in the beginning of
their objection, is in independent circumstances, having been tenant of the flEunn of Ballynaughtan-More
till Whitsunday, 1857, when he retired to live at Ardelistry. The statement that the question is
characteristic of the malicious calumnies which the Presentee has thought proper to indulge in, is
entirely groundless, and must be known to be so ; but if there have been any calunmies at all, they K
belong to the other side. The Presentee has nothing whatever to do with this matter, and, although
when communicated to his procurator, the latter did not intend, although it has a bearing upon the
case, to bring it under the notice of the Plresbytery, yet circumstances have occurred wMch obliged
iiim unwillingly to do so. The Objectors should not be so very sore at having their acts in this
case made a matter of evidence, when they go out of their way and attempt to blacken the cha-
racter of witnesses who may be brought forward, with regard to matters which have not occurred F
vrithin the four comers of this case. If anything can be evidence of malice, some of the questions
which have been put, even to the witness under examination, are surely evidence of its existence.
The explanation which has been made, proves at least that the fact of the visit is true, and while the
utmost credit may be given to the statement of Mr Graham's kindly feelings towards the old man, and
to the sacrifice which he made in not calling himself, it does look strange that he should not have enter-
tained any solicitude with regard to the state of his health, but that this Mendly feeling should have been d
expressed by an utter stranger paying a visit of this kind. The statement made to the procurator for
the Presentee is somewhat different from that oontaLaed in the objection, and was decidedly to the
eflfect, that the old man had suffered in consequence of the way in which the visit in question had
been made.
The procurator for the Presentee, while he regrets that he has been obliged to introduce the
matter, is satisfied that the procurator for the Objectors did nothing more than his duty, and was pro- H
bably ignorant of the state of health in which Mr Macintyre was; at the same time, he does not see
that the question furnishes the slightest occasion for the rather intemperate language which disfigures
the otherwise highly interesting description of the drive to Ardelistry. In point of law, the question is
competent, for the reason given with i^erence to questions of a similar nature, previously put
Parties being removeid, the Presbytery, after reasoning, sustained the objection, and refused to
allow the question to be put. I
Whereupon the agent for the Presentee protested and appealed tU supra, for the reasons stated
with reference to the deliverance pronounced upon the last objection. — ^All which is truth, as I shall
answer to God.
(Signed) Donald MAdNTYKS.
Jaxbb Dswab, Modr.
Jambs Dewab, Clerk P.T. K
118
PBOOF FOR THE PBE8EMTBE.
A At PoE3v£LLENy Seventh April, Eighteen Hondced and FiBtf-ma^
The procurator for the Presentee stated that he now closed the proof which he has heat leadng'
against that which has been led by the Objectors, under reservation of his right to lead any fiurther
evidence which may be necessaiy, after the appeals taken by both parties are disposed <^ by the
Assembly, and with the reservation of his right, kine inde; and upon the understandiiig that the prooii
3 of both pisurties are closed, the Presentee renounces all fiurther probation, except with regard to nid
appeals. — In respect whereof, <Sux,
(Signed) A Hacdonau), Proc. for Pkeaentee.
(Sgned) James DEWAB,Modr.
Jaii£8 Dkwab, Clerk P.T.
€
Extracted from the Becords of the Presbytery of Islay and Jnn, on this and the 554 preeediqg
pages, by me,
(Sgiied) I>0HAii> Macdonald, VreB. C9k.
APPENDIX.
.a
•-■ ..ir.:.-i
. ,i .. (.fHr >.{:
. ^; ..' =.
. .11.. \\H i'-j'-
APPENDIX.
CERTIFICATES IN FAVOUR OF THE PRESENTER
The Presbytery of Mull do not meet till the 28th current, and Mr Madntyre ia thus unable to
>care, as he now desires, and otherwise might easily do, a Fresbyterial certificate in nsoal form. At
i request, however, of several of the members, and with willing assent on my own part, I take leave
certify, that since his appointment to his present charge — an appointment made in compliance with
i unanimously expressed desire of the parishioners — ^Mr Madntyre has succeeded, under very great
ficulties and disadvantages, in discharging his pastoral duties efficiently, and, as I have always under-
Kxl, to the entire satisfaction of his people. I feel assured that it will give all the members of this
esbytery, as it will certainly afford me, much satisfaction to see Mr Madntyre inducted to the parish
which he is now presented, where, with a large field of usefulness, he will eigoy for his family — ^in
lose welfare, from my having made the acquaintance of their much-respected rdatives elsewhere, I
si an additional interest — advantages and comforts which have hitherto been in a great measure
^nied them. 4
Given at Morven Manse, the 17th day of August, 1858.
(^gned) John Maglbod, D.D.9
Minister of Morven.
At Salen, the fifth day of October, eighteen hundred and fifty-eight —
Which day the Presbytery of Mull being met and duly constituted, inter aHa —
Mr Madntyre, minister of Kinlochspelvie, who is a Presentee to the Parish of Eildalton in Islay,
[nested a certificate from the Presbytery, bearing that no complaint was brought before the Presby-
Y by any of the parishioners of Kinlochspelvie, of his having neglected his duties as minister of that
ish. It being a fact that no such complaint was ever made, the Presbytery unanimously agreed to
at the certificate required. And they further certify, that it consists with their knowledge that Mr
:ix2tyre has been discharging his duties in the face of very great difficulties.
(Signed) Duncan Clebe, Mod. P.T.
MuNQO Campbell^ derk P.T.
SERMONS-
FIRST GAELIC SERMON.
Salm IXVL 6.
1*lia cumhachd creidimh *ga nochdadh fhein — san liichairt *s anns a' bhothan bhochd — ann an
an High *s ann am Paul am priosanach — ann an dochas daingean, 's an earbsa bhunaiteach ann
^ia na slainte 'sann an gairdeachas a tha briseadh amach a measg nan amhghar as cruaidhe a
^aodas tachairt ann an crannchur an fhirean.
Q
122
APPEin)IX.
Is ann ag amharc ri deachamnean a luchd leanmhtdnn a bha Criosd 'n uair a thag e an
seachad, Deanaibh gairdeachas agus bithibh ro shabhach/* etc Esan a ghairm soliB a - dot
comasach reul-86lais a lasadh 's an iarmailt spioradail, *sa tbug nisge o chanaig an fhiisaich it i
na comhf hurtachdan sin a bhuileachadh a bheir sblas d*on anam. Thugadh geill d'on mHi
dhoimhneachdaibh amhghair oir cha b'ann o thobar talmhaidh a bha 'n gairdeachas aah o
Dhe ta Ian do, eta, agus mar dbearbhadh air gairdeachas a Chriosdoigh, am builsgean i
dh'fhaodaniaid cuairt a chur air eachdraidh slnaigh an Tigheama 's gach linn ; ach is koir ei
Dhaibhi aig an robh statuin an Tigheama mar a cheol, eta, agus eachdraidh Phoii — a aheimi
do Dhia maille ri Silas air a mheadhon oidhche 's a chuala, eta Guth gairdeachais Sk*s dai
Salm cxviiL
I. Thionndaidh e, eta, a' mhnir niadh — ^'s an smth lordan air an d*rinn an Tigheama mioi
camhachdach airson a shluaigL lordain c*arson a leum thu air t-ais, eta, c'arson, eta? Le-r ooi
dibli *u coimeas ri cor a mharcaiche le each 's le carbad cogaidh. Cha robh Daibhi^ etc,
ach bha e ann doimhneachdan eUe san d'f heum, 'san d*iarr, *s an dh*f huair e cbghnadh. Tiu
eile (Salm cxlL) sam bheil e 'labhairt mar gum biodh e lathair. " Tha ar cnamhan," eta £]
spioradail aig na briathran, eta
IL Tha air a chiallachadh leis na briathran so 2imhghair an fhirean 's ainmichidh sinn m
deuchainnean coitcheann a chrannchnir as ionann a thig a dhUonnsaidh an fhirean 's an ain^
cha do chuir Dia garadh mu thiomchioU a shluaigh m*s mo na mu thiomcliioll lob a chamaoi
na h-amhghair aimsireil sin a tha 'n crannchur sluaigh ionmhuinn Dhe. lob chaidh a smachda
goirt le Dia — Fhuair dealanach nan speur, cuairt-ghaoth an f hi^ch, 's claidheamh an ma
phlaigh barantas gun a chaomhnadh ach a bheatha, 'sa bheatha sin air a deanamh truagh leis i
ainibh bu ghubhaidh. Is lionmhoir trioblaid, etc., ach tha comhfhurtachdan, eta Mu bhs
eamh loisgeach san fhasach bha tobraichean ri*m fiiotuin ann an Elim *s craobhan paUm ga \
o*n ghrian loisgich.
1. Focal Dhe — " Fhuaradh t^fhocal learn," eta God dh'f hulling mi amhghair eadhon g
libh cha-n*cil t-fhocalsa an ceangaL Tha t-fhocal bunaitcach, eta, 's na neamhaibh iLrdAa Mi
tha e cho funisda *ghrian a thoirt anuas, etc., no *n cumhachd iompaichaidh 's comhfhurtacfad i
an fhocal a thoirt air Bdbh *n uair thig e 'n lamh an SpioraLd Naoimh. Airson na nithe sin iarrar mi
2. Tha comhfhurtachd eile ann — a bhi toirt fainear curam Freasdail Dhe — Ghabh criosd
teagaisfg a leabhair miduir gu trie. Faicibh no liligheau, eta Aithnichcar lamh an Tigheama
a ch^rdean agus a chorruich an aghaidh eascairdean. Aig an neul sin a bha treSrachad]
Israeli bha taobh soillcar a rinn soiUse dhoibh agus taobh dorcha diiaichnidh a* bagairt h
h-Ephitich a bh'air an tbir — nuair bha dorchadas, etc., san Eiphit bha solus an tighean chloin
*N uair bha frasan teinntcach a teachd anuas air bailtean eile a chomhnaird bha 'ghrian a dea
boisg-eil air Soar iouad fasgaidh Lot. Agus aig uaigh an Fhir-Sliaoraidh far n do tlulgead
earan calma na Roimhe 'n riodid mairbli cha chuala Muirc, eta Ach, na bitheadh eagal, etc
sibh ag iarraidh, etc. Tha diou ann a*s dluithe na iiincal sgrios naimhdean agus sgiath a*s h
sgiath aingeal a' bhais.
3. Is comhfhurtachd gu bheil kmhgliair chum buannachd do neach a tha 'gam fiosracha
iad a' tcagasg irlsleachd — a' gairin ar pciicanna gu'r cuimhne.
2. A fuadach gach meallaidh mar an stoirm a sgapas an ceo a tha c(>mhdach na creige ]
na clair bhriate togail fianuis air an loir sgrios a riim L
An t-arbliar tha lubadh fo osna na stoinnc gus an tionailcar c do na saiblilibh — agns a':
buillc ghoirt a glieibh e m*un glanar gu builcach an t-urlar bualaidh. Tha saothair r'a dheai
an talainh, naimhdean a chinneis r'an ciosnachadh san f honii, 's amis an kile ; *s tha 'n dealt
stoirm s a chlacli mhealam air an cur air an tcachdaireachd mhathasaich fhcin, — 's fcum
striochdtc god ruisgt<'adli an doirc sged thuiteadh an aitrcabh, eta Tha *ghuit na laimh, eta-
fhocail an amhghair 's gii'n dean iad le clieile an obair mu'n tig e le guit a Bhreitheamhna
oaunaich. l^hcir amhgliar dhuiun fiosrachadh air ar neart cuiridh e deuchainn air ar <
etc. Is maith fhios a bhi air ueart ach *se del air adhart san turas a dli'fheumar a dheauaml
'n Tigheama na chobhair anns .L^1cll ainisir foiun. " Tha sinn a deanamh uaill aim an triol
eta ** Naomhaich sinn leis an fhirinn."
4. Chum buannadui do mhuinntir eile. Blia I oh air a smachdachadh a chum a bhi na
nachan maireannacli air foiiiliidinn fo na h-amlii;bair as eniaidlu' a dh'fliaodas tachairt, eta ]
na ]»hrinsunach ann am Thilippi cluim gu'm biodh fear-^lriillilil)h a' phriosuin air fhua
gheiinlibh JShatain — 's nacli fiosiaidieadh an duine sin le Dia plathadh do aoibhneas neim
123
ddttmtMidk e pk'.tmnoMk aiueolach a' lottdh air miorUnxileaii Dlie 's a nighindh 's a' oeangal
MiitiiintM[>a-riwi^ mar fliear-glwdhidli a* phriowdn;
d'jtifJmtMm Mna^an' oomain piiosuin na Boimlie a tha sinn air son litir Ttihaisftaali an Abstdl a ehmn
BamvPhiBiypnMhiiaarjt tha aina an oomaiii {n^oBOin aim an Sasgaim air son Tons a* dmoadtiigh, agns
uxmaii^ /hhaannaohadh Dhe air an obair sin iomadh fear tamiB ga Sion. Bha loa^h san Bi^iit
akdniini^raft aiuttumna chmnail beb — 'a bha e aa' phrioaon a tba 'na ghamhladh air rioghachd cheaun-
dfadkiiQlnim'«gto*jBi loghliuaadh e eoias air riaghladh nadi fiugheadli e air athanacL la ann le
^iffdam an^dU^hs cunaartach air an teine a bhioa e 'nar oomaa a chumail foUOf tigoB ia ann le oidh-
»r)pe«itiattihoift air droch-dhaoine a bhioa aoirbheachadh 'nan toirt ga mofftacbadh air an aeachran 'so
ihordiadaa ga aolaa, etc.
'ji: t / 54 1 ■ A n» an doimhneachdaibh amhghair gheibhear faireachadh air deadiainnean mnintir eile. C'aite
fingb« bhaaatrach bhochd aogaa a cridhe fhein ach ann an cridhe chaidh fhaagadh ga goirt le laimh
■ntiUachaidh Dhe. Bha 'n sliuiaighear fhein air a dheanamh foiife ire fhnlangaaa mar charaid, etc,
atflMT cbiimadh an Criosduigh tinn an solus fann chum a' maraiche threorachadh o channart 's ann
Hkt aia ai 'iha e atriochdte zi saothaireachadh chom focal na firinn a chumail amach na eisimpleir 's na
ohaithe-beatha.
.1 • • HX Tha muir agus snith eile ann — Peacanna 'a truaiBeachd neach, etc. 0 na doimhneachdaibh
a^laodk mi rint^ an t-anam fo mhothachadh air cannart, etc, ga thilgeadh fhein le mhi-thoillteanas air
shicair C&rioad — a thaobh lacob chaidh aithneadh gu'm biodh a naimhdean ga chuartachadL Buidh-
sacliaa..do Dhia a tha toirt dhuinne na buadha. Beatha an fhirean mar reia agua mar chath mar
Aamhanaieh na maidne, etc, mar amhainn aig an doimhne sruth am fradharc a chuain. Ma tha namhaid
ma a ahaltnis air t-uir nach iomchuidh gu'm biodh tu 'n ad earalaa am feadh tha anam ann a dh'fhaodas
9 ohradh— dia 'n t-anam air a chlaoidh san corp fhein air a thoirt gu dualach ga thmailleachd a chall
'« <flif*uiamh air son tmsgan na neo-bhasmhoiachd 's oige shiorruidh air nach draigh eashuhte no
aois.
^ Doimhneachd eile, etc, An aingidheachd a tha buadhachadh san t-saoghaL Mar an t-ard
ihagisrt a thug suas iobairt air a shon fhein an toiseach — ^'s ann nuair bheir am peacach a ni aithreachas
iobairt a' ohridhe bhriste air a shon fein — ni e caoidh airson seachrain an t-sluaigh, etc — air son smal
doftnne Dhe — Cha do dhoalraich riamh grian na bliadhna san aon lib — agus is ann uidh air n-uidh a tha
'n aongeul a buadhachadh san t-saoghal 's ann an cridheachan sluaigh.
7. Tha doimhneachd eile ann — am bits, etc. An criosduigh 'n uair theid e thairis air a mhuir -s
ur aa t^aruth so, their mar thubhairt Maois, na naimhdean ud, etc Am bas ''caiaid gnds" a chuireas an
amh mu dheireadh ris an obair.
lY. Kadur a ghairdeachaia. Tha e'g eiridh o chreidimh 'an lamh a tha glacadh na h-acrach
Feer^gleidhidh a phiiosuin rinn gairdeachas beothail agus lidia, etc Tha e o mhothachadh air tear-
oimiteachd fo fhasgadh na fola sin, etc — 's air na bheil do ghras an seilbh — 's do ghloir san amharc, ach
bhaagiamh gu faodar a nadur a shoillearachadh le tharruiug an coimeas ris a ghairdeachas a tha 'g eiridh
0 ahcibh air.
1. Saibhreas, etc, a ni sgiathan, etc
' 2. Cairdean a dh'fhaodas £eus cealgach 's nach bi ann.
3. Cleachdadh peacaidh, etc., a tha mar a chuilc bhriste
4. On chruthachadh nach fhaicear le tlachd ach leis an ti sin aig am bheil an cruthachadh
auadh.
1. An feadh nach eil an t-suil riaraichte, etc, an d'rinn sinne roghainn don chuibhrinn as fhearr —
mar ghaoth an fhasaicL
2. 'N uair tha sinn saor o Amhghair deanamaid feum do'r cothroman mar a chraobh a ncartaicheas
1 fein airson gleachd ris an stoirm. *^ Bithidh mi mar an driuchd do Israel," etc
3. Thugaibh iainear na h-eisimpleirean air creidimh 's air faighdinn a th' againn 's na scriobt-
uraibh, loshua iiL 4, a' togail cnimhneachan air maitheas Dhe: Ciod an t-eadar dhealachadh a th'eadar
fear an amhghair 's an t-soirbheachaidh? Gu bheil 'HuiUidh do dheuchainnean aig an darafear 's tuill-
idh do dhiomhanais aig an neach eile." Ciod as fearr tigh a bhroin no na cuirme 'n uair nach teid dnigh-
adh, etc
124
APPENDIX.
FIRST ENGLISH SERMON.
Psalm cxIL 7, 8.
Amongst the sad memorials of our firailty and mortality^ we are caUed to consider, there is none so
humbling as the representation of death's ravages given in the passage before as; yet^ as there is no
possible painful conditiou of the soul witht. its comforts, its alleviations, and hopes to the Christian,
to him the dark valley of the shadow of death is irradiated with a hope full of, etc, valley of Aehor,
etc. Samson's riddle is solved, ''out of the eater," eta Whether with refce to the tiyiog
experiences of life — ^the destroyer death, and the devouring grave. Let us then consider —
L The occasion of the words of the text, eta The words will remind us of Ezekiel*s valley of
vision, "full of dry bones" — a spectacle which mt. be considered a strong emblem of the desolatuxi
which sin has effected in the world and in the human soul, while the reviving of those bones manfffwto
the power of Christ's resurrection in raising the soul from the death of trespasses and sins, and, finally
the body from the dominion of death, the ghastly ruins of the grave. But the words have immediate
reference to the slaughter of the eighty-five priests by Doeg the Edomite at Nob, where the bones of
those martjrred men lay on the scene of massacre like chips or fragments from the axe of the destrojer.
They may have also application to every scene of suffering and death, the dying bed, the field of
carnage, each opening grave.
"Our bones," eta Those words are not literally true of us now, but soon they will be; and
may we bear with us the thoughts they must inspire through every scene and stage of our existence,
as if a trumpet sounded in our ears, " Prepare to meet thy God"
n. The words may be said to have application to every scene of snffering and stage of human
existenca The Psalmist speaks as if he was not merely the recorder but a sympathiser— even a
sharer in the fato of those men. Another instance of this we have in Ps. IxvL 6, where David speab
as if he had been present at the passage of the Red Sea, where we are assured he was not; yet vas he
" in depths " whence he sent the cry for help to heaven, and in which he could adore Jehovah'i
omnipotence to save. The cause of the faithful was his. He was a sharer in their sorrows and joys.
Christ is the bead, eta, and the intensest sympathy pervades his membera A greater than David
is here — the Saviour himself — ^who has said with reference to the favours done to, and the persecntioDB
inflicted on his followers, " Inasmuch," eta
^Our bones," eta We must acknowledge kindred with the dust, the proudest prince with the
bones of the beggar. And the patriot warrior, whom we have seen repairing to scenes of peril and
death, saw his kindred not only in living friends on whose faces he was never again to gaase, bat in
the slumbering ashes of the dead as he glanced his last upon their graves, and that before the
mechanism of his mortal frame was subjected to the mutilation of warfare, or left lifeless and
uncoffined on scenes of carnage, and those fields of blood which our country has recently and so deaify
bought for the burial of her slain.
1. The words may have application to infancy. How many the diseases that distress children
and bring many of them to early graves! How many dangers and sicknesses have we ourselves
escaped at that tender age ! — and do not the graves of infancy and youth alternate with the graves of
the aged 1
The reaper reaches after the ripest ears. The tempest makes its sport of the sear and withered
leaf; but Death delights in making the tcnderest his victims, and sencQng the frail and the aged to
minister at the death bed, and be the bearers of the youthful and once vigorous to their burial like
other tyrant's Death smites where the stroke most proclaims his power.
2. To youth and manhood. How slender the tenure by which we hold the life that now is — ^iti
possessions and enjoyments ! How frequent have been our escapes from dangers that shadowed death
upon our souls, and how remarkable our recoveries from sicknesses that were fatal to othera How
many have gone to their graves ''in firmer health and at a greener age" than ours! and not a few
have we seen following their off-spring to the house appointed, eta, the solitary survivors of families^
and sad histori«in3 of desolate habitations, where they mt. discover the charms that sages say they
have seen in, etc., but uevcr found but where God speaks comfortable things to his children, and
makes the valley of Aehor a door of hope, Hos. ii. 14.
3. When we consider the cruelties tyrants inflict upon their fellow-men — the expenditure of bone
and sinew they exact, etc., notwithstanding the protecting laws that have been dictated by the Gospel'*
good will to men.
APPENDIX.
125
4. The sacrifices of life and limb to oar conquests and commeica — (he vicfciiiis that have been
offered on altars of superstition.
' £. The sufierings of the faithful in every age, etc., from the blood of Abel to the last dtoj^ that
\r2Ui'&€kl by the sword of persecutioa
• 6. How true th^ words in old age, when the pains and infirmities peculiar to that stage of existence
hatter down the frail house of our pilgrimage, while years place their farroii^ impress on the brow !
7. How true the words, etc., at the hour of death and funeral solemnity, when the iyrcuU seeks
the sorreiuder of the soul-^place-^ his pale signet on the brow and consigns to corruption our inanimate
doirt; when the lustreless eye that once glanced from the windows of the immortal mind proclaims
that, " the keepers of the house" have not only trembled, but abandoned the house of our short sojourn
arid isufieHng below!
8. And with what tremendous emphasis the words ought to fall upon our ears, when on the
threshold is heard the tread of those that iire to bear us to our burial, when comes the dismal
preparation for the funeral solemnity !
9« And how fearfully true when, like fragments from the axe of the destroyer, the bones of
departed kindred are shovelled forth to make room for successors in the dark prisQU-house of deatL
10. How sadly true as we hear of thouftands of our race being called to eternity by sword,
pestilence, and tlie power of destruction which the elements possess; and even those luminaries of
heaven have their own arrows of death ; so that it is in heaven it may be said with the utmost truth,
"^The moon by night," etc.
How mauy engines and agencies has death besides old age, whose work is anticipated by the other
ills incident to humanity! Qrey hairs are on the youthful head like autumn*8 earliest snows — and
how many promising fields of life have been reaped but by the pestilence and sword ! Nor does age
plough deeper furrows on the brow than the griefs of a few short and evil days of man's pilgrimage on
earth ; our corporeal life is but a gradual death — a progressing towards decay. Tet with the natural
and mental life the sinner may hear the call to repce., pray for strength to the withered hand to
reach after eternal life. May the whole man be renewed, body, soul, and spirit — and may the spectacle
of dust returning unto dust convince us how awful a thing it is to die, to be divested of all but
conscience in the sight of God," etc. How much wc are in danger of leaving scenes that mt. startle
madness into thought" without one salutary impression, as we have often left the house of prayer. The
mind of the man that is ever learning, etc., like the sand which drinks in the dew and rain without
yielding one fruit or flower — or like the sexton who shovels the ashes of the dead without one pious
thought of eternity, of the judgment to come, or the resurrection from the dead."
11. Observe that the sufferings and death of mortal men are but symptoms of the moral maladies
and death of the soul. ''Our bones are,*" etc., a melancholy spectacle, but where a sight so saddening
38 the soul aUured to its ruin — shattered in its moral and intellectual constitution by ^ him who was a
Har and," etc.
The power of the resurrection inspires hope. Ezekl. cd. not prophesy in the valley of visiittiy
nor encourage Israel under the oppressor's rod, if he knew not the power of the resurrection in his
own souL The death and resurrection of Jesus, prospective and past, are the pillars to which the soul
confides its interests for eternity.
'* And beginning at Moses and all the prophets, he expounded to them the things concerning
himself," etc, Luke xxiv. 27. If Moses cd. not speak of the Saviour's rising and reviving again, he
might be silent as to his death ; and the prophecies and prefigurations of Christ's death might be swept
from the pages of the Bible as the vain things which can ''neither profit nor deliver," etc. The first
fruits of the earth were ofiered and a sheaf waved, etc., as if in triumph over the enemies of vegetation
in the atmosphere and earth — ^this pointed forward to the resurrection of Christ, and taught those
doctrines of the resurrection so powerfully taught in Cor. by Paul, 1 Cor. xv.
At the purification of the leper two birds were taken — one killed over a running brook, and the
other allowed to escape after having its wing dipt in the blood of the other; so here were the death
and resurrection of Christ prefigured. He lives to make intercession, etc. Again, the ceremony of the
scape-goat taught the same truth — a goat was slain, another allowed to escape to the wilderness after
the sins of Israel were confessed over its head, in vain it would be to confess our pins over Christ's
grave if he had not risen, but we know that our Redeemer ever liveth to niJike intercesHion, etc
It is because we believe in Christ's reviving and rising again, we preach a resurrection of the soul
from a death in trespasses and sins — the forgiveness and remission of sins — a resurrection of the body
It
126
APPENDIX.
from the glinstly rnins of the grave. If the dead rise not, then Christ is not risen ; and if Christ ia
not risen we are yet in our sins.'*
If Christ was not risen, in vain were it to preach to miserable sinners acceptance " through the
Lord our Eighteousness." In vain look for the missionary repidring to the dark regions of earths
In Yain to comfort the parent as he tries to reclaim the child from the effects of Adam's apostacy from
God — and of his own follies and infatoations ; unless we could assure him that " he who converteth
souls has his pulpit in heaven.'*
If in the garden of Eden the first Adam brot. death upon the world, in the garden of Joseph of
Arimathea Jesus rose a conqueror of deatL And the point upon which the Sun of Righteousness
beams his brightest glory is his emptied grave. Here the fruits that cluster from Calvary's cross are
made sure to souls that have risen from their grave of "trespasses and sins." ''Come and see," etc
There angels appeared in youth, a pledge of immortal youth to such as shall be like angels in heaven.
There they said unto the timid Marys, " Fear not,'* etc. There Christ himself appeared — and the suu
of the firmament shone, as the Sun of Rightconsncss shall illumine the darkness of the grave and every
depth of the believer's suffering. My table thou hast furnished," etc., may every disciple say. In
vain pardon to the prodigal without his father's favour and home. In vain a release or escape from
pnaon without the reformation of the criminal Human nature both body and soul must be sanctified
and participate in the benefits of the salvation of Him who is our Wisdom, etc
"If in this life alone we have hope, we are of all men," etc., not miserable in the practice of
piety, etc.; but if the }K)wer of unbelief were to sway us into the assurance that Jesus is under the
dominion of death, then like the disciples after Christ's death, and on the Sabbath that saw him lifeless
in the grave, when, as it were, the spear that "inflicted the wound on his side, turned, as it were, to-
inflict upon the hearts of his foUowers the agony of doubt and dismay." But aft«r forsaking all things,
do not the disciples cling to the hope that it was he that should redeem Israel, and after human natoro-
had been disciplined for eternity, it is to perish in time. "I know that my Redeemer liveth," etc
1st the utterance of a soul perplexed at the prospect of dissolution, when unbelief asks, can
those bones live?" faith answers, "I know whom," etc, and thei*e is scarcely a song of Zion that like
this turns not its sorrows into joy, "He who gave his only," etc. "The whole creation groaneth, but
is waiting for the redemption," etc The soul is immortal, its life docs not depend on the skeleton
that confines it ; yet if Christ had not risen, there could be no expectation of the Christian's paradise
Jesus came not only that we might have life, but have it more abundantly, and there is the resurrec-
tion of the body, because Christ is the resurrection and the life. ''Can those bones live?'* we can direct
you to consider the omnipotence of God, point you to a "sure word of prophecy," to "the moon that
tarns the ocean in its b^," to the wondrous transformation of insect, vegetable, animal, and human
life. Behold ! the insect with its treasures of honey from the fields of creation, the flower reviving at
the voice of spring, with its colour and form from the earth, making strong hut silent appeals to your
heart as you tread Mpoii it in your passage to the grave ; and the power that summons vegetation from
its wintry sluinber---disencambers earth of its wintry shroud; grasps the garments of mortality which
the spirit drops in its flight to heaven, and breathes npon .it immortal life.
See the cradled infant — the crowned monarch wielding the destiny of nations — ^the nursling in
tiie arms — ^the armed veteran to whom our country- lias confided the defence of our national interests
agt barbarous foes — and to whom, under Ood, we look for the peace of the world, the comfort of
fiunilies, the protection of our institutions, the prosperity of our conmierce — and what change, or rather
changes have passed upon the corporeal structure and mental powers of those men — others they arc^
bat the same as they will be when the spirit has gone to the Qod that gave it, etc., — and in the fiuie
of those wondrous facts, is it a thing incredible that Qod should raise, etc.
Were it othei-wise, the hope of the Christian would not be "hope deferred," etc.; but cast down,
dissipated, destroyed as a delusion — and the votary of religion, pitiful almost as the devotee of super-
stition, if etc., hope — of all men most miserable. But in a state of grace — the believer's minority — there
are gHmpses of the future inheritance. " To such godlike liojjcs some souls have soared or martyra-
ne'er had bled."
2 langimge of faitli and hope is that of the text — yet will I l(^ok unto thy holy temple. From
the depths I cried unto thee, Ps. cxxx. — yet will I look unto thee, O Lord, Ps. cxlL — The believer has
a hope full of immortality — and exercises his faith in the darkest hours of desertion, trial, and death.
It is expedient that those walls be battered down, that the soul may join the ransomed spirits of the just,
and form a re-union with the departed who have slept iu Jesus.
APPENDIX.
127
Verily we shall be changed, bat the change destroys not our recognitian ci others nor of our
fonner selves.
If we enjoy a short and shadowy bliss in conferring with the departed in dreams and Tisians of
the night," this takes a character of permanence and perfection when the house of our pilgrimage is
levelled in dnst, and especiaUy when the soul unites with the body from which it parted amidst the
agonies of dissolution.
The soul must be changed by repentance, sanctified by the Spirit — There is a resurrection to
grace, by that power which called Liizanis forth, and then walks in the liberty wherewith Christ sets
his children free — and departs with a hope full of immortality — David after his child*s death — "I will go
where he is." Jesus said to the malefactor — " To day, et<!., thou shalt," etc Paul to the Colossians,
Col L 2a
Yet there is a resurrection of the bo<ly — If the spirit of Him, etc., Rom. viiL 1 1. And why a
thing incredible? The seed dies, etc, the power that calls forth the vegetation of the earth, gives the
beauty of holiness to the heart and life — imparts to inanimate dust an imperishaUe existence, immortal
youth which neither accident nor age can mar — nor the destroyers time and death destroy. The Bain-
bow around th6 throne assures us that tho' trials may assail us — and death devour the body, yet in
our flesh we shall see God, and the last enemy Death shall be destroyed.
Such are the faith and hope that sustain the soul amidst the trials of time, the terrors and agonies
of death, and make it like the beauteous rainbow — ^bright on the darkest doudis serene above the roar-
ing ocean and the thundering cataract.
The emptied grave of Jesus is the point upon which the Sun of Righteousness directs its brightest
radiance and glory. There, though the tyrant triumphed for a while; 'twas to manifest the power of
Him who is the resurrection, etc. The sun sank but to rise and stretch its beams of salvation to the
remotest comers and ages of the world. Jesus left the field but to seize the fortress of the foe — ^take
the sting from death, etc — disarm those tyrants of their terrors. From the depths into which Christ's
hnroan nature sank, faith raises its pearls of infinite price to the souL
3 the language of the Christian's resignation. — Death is the ordinance and appointment of
Heaven — a part of the curse which is converted into a blessing — a part of the believer's discipline for
eternity, to teach us humility and remind us our origin is earth. The heart bleeds and breaks beneath
the blows of adversity, to divest it of the power and pollution of sin ; the body is rendered into dust to
have it freed from the pestilence that clings to its widls.
To what severe discipline do men subject the mind and mortal frame for the duties and business
of life ! The Christian has his heart melted in the furnace of fiery trial, before it can have a transcript
of an afflicted soul, or leani sympathy for the sorrows of others. There is the discipline for time —
there is also the discipline for eternity — to teach us humility, and remind us our origin is earth — by
the body being dissolved in death.
The last enemy tho' allowed by suflerance to hold sway over the last spot of his empire — to teadi
ns humility, and keep us mindful of the power and the danger from an enemy that seals the sepulchre
and makes it sure — that we may pass the time of our sojourning here in fear. Moses must die, yet
from Pisgah's top he views the promised land, and from the eminence on which faith places the soul he
looks upon the vale of tears and death — and this mortal frame, shattered by sickness, sorrows, and age
— ^yet with a sure hope of a blissful immortality — an imperishable existence, which neither aoddent,
nor age, nor sickneas can mar, nor time nor death destroy.
Christ sustains by his Spirit the weary soul — ^as he converts and saves it from sin — moves the re-
positories of death in earth and ocean.
The creating energy that first breathed a soul into one mass of earth, shall raise the countless
millions of the dead; when the trumpet shall sound, and the Archangcrs voice go forth to gather the
scattered dust, and swear that time shall be no more — and Death, the destroyer, shall be himself,
destroyed.
Did Paul escape the perils of the deep, etc. — was his soul converted, and sustained for years of
sofiering to expire in agony, and make shipwreck of his hopes beneath the frowning shadow, instead of
resting under shelter of the Rock of Ages?
Remember, that on the state of the soul at death will depend the condition of the body at the
resurrection. Let ns then seek to be renewed in the whole man. The redemption of the body was stipu-
lated for in the new covenant, and may the corporeal powers be "auxiliaries to the soul." May the Sabbath-
bell be heard as a summons for prayer ; to meet our God — and lu.-iy we, while we have strength, walk in
all the commandments and ordinances, etc As the hand turns the pages of the blessed Bible, may th^
128
APPENDIX.
heart ponder the glorious troths of salvation — ^may memory store up those treasures of truth agt the
day of distress and death — and may the word be powerful as the voice that awakes from its slumbers
the ashes of the dead.
We are left on earth to crucify sins — mortify the deeds of the body. The serpent dies not till
sunset — BO the old serpent dies not in the soul, until the sunset of life. The death of sin in the soul
is but a tedious, slow, lingering death — as that of the cross.
May time not be the destroyer of the soul May we use it as not abusing it. It is the talent of
talents — it includes every blessing — as the ocean bears on its breast the wealth and commerce of a
world.
(Signed) Daniel Macphie, Moderator.
Donald Macdonald, Clerk.
Port-Ellen, Jany. 25, 1859.
Beferred to in my deposition of this date in the Kildalton case.
(Signed) Donald Macdonald, Pres. Clk.
James Dewab, Modr.
James Dewak, Clerk P.T.
SECOND GAELIC SERMON.
Salm X. 26.
Nach truagh an cor sin cridheachan a bhi annainn " socraichte chum uilc," s uach c*n saoghal
aingidheachd iad a bhi 'm hoinn air son eucorach. " GhuLl losa," etc., ach cha robh leir-sgrios lemsa-
lem *n a shealladh cho truagh ri anamaibh caillte, etc. " Thigibh gu losa chum," etc. Gu'm biodh ur
cridheachan air an suidheachadh, etc., ni 's e " obair an Spioraid Naoimh," Mar tog, etc., Salm cxxvii.
Is e *mhain a ta comasach air a' chraoibh, etc. Craobhan f ireantachd, etc., buidheaiin, etc. Cha robh
riabh armailtean no luchd-riaghlaidh 'nam buaniiachd cho mor no 'n an dion cho cumhachdach do
rioghachd, etc. Dheanadh deichnear, etc. Laban, Gen. xxx. 7, " Oir dh'/fioffhluivi mi o'm fhiosrach-
adh fh^in gu*n do bheannaich an Tigheani mi air do sgath-sa.'' Ag oibreaclindli a mach, etc, tha iad
ag adhartachadh leas spioradail an coimlicarsnach 's mar is mo a gheibh, etc. Fialuidli, etc., ach an
saibhreas *s anu is mo a phairtichcas iad. An diugh am bheil buidheann dliaoiiie 'iiar measg aig an do
bhean DLi r an cridheachiBUi.
I. Bheu- siim fainear gu'n robh Saul air a shourachadh 'n a High air Israeil — cha robh e diSH
theaghlach krd-inbheach 's cha mho b*e roghainn an t-sluaigh. Cosmhuil ri Daibhi 'u uair a bha o air a sh5n-
lachadh air son Bioghachd a riaghladh bha e 'g iarraidh nan asal aig Athair — an lathair dhaoine suar
ach," Gn. xxiL 29. Cha d'thug an akireamh mh^r do'n t-sluagh ^mhlachd dha 'n toiseach ach blubME
etc, 1 Sam. x. 26.
Mar shamhladh air Criosd — an High, etc., a bha air a dhimeas, ach nach robh riabh gun fhianui-
san uair bu duirche, etc., an gaduiche, etc. Bha 'm Messiah air a chumail amach san t-seann TiomiwrJ
adh le samhlaidhibh agus bha nithe samhlachail ann; am fiUradh, etc., an t-uan, etc. Daoinc samhladv^
ail, etc. Adhamli, etc, *8 mar ann am f ^isneachdaibh, etc., faileasan nithe maithe — 's cha robh £ulea^^
riabh air a thilgeadh air an talamh mar biodh grian 's an iamiailt, etc. Adhamh, etc., bha ua f hailcJi^ —
— ^n a shamhladh air Criosd ; o chidsibh san robh aogas aca ris 's aims nach robh. An ceud Adhamt:^^
ect., an Tigheani, etc. An ccud, etc. Athair nan uilc blico — ^Aii dara, etc. An t-athair siorruidL ^
Tre'n cheud, ctc.,c]iaill an cinne daoiina .sonas, ach thainig Criosd chum gii'm biodh bcatlia aca 's gu'ni:^
biodh i aca iii bu pliailte. lonah, etc., tri laithcan an doimhnc ; Criosd tri laitlioaii 's an uaigh.
teicheadh bha lonali o dhlca.sna><, ach blia Criosd a' toirt aghaidh air mar ailbhum. Cha d'fholaich ^
'ghnids o ludre, etc.
Cha d'thug a' mur sliluagh ilmhlachd do Sbaid, 's air unani u choigricli. Thig Banrigh, etc-
Balm xlv., Tiodhlacan a dMiUtadh bha mar dhcarbhadli air naimhdca.s do'u Righ — *s b'iomchuiJ^
^'m biodh sluagh ceannairccach air an tuirt gu'n dleasiias mar blia iad niu dhcircadh."
Ar cridheacha-nc tha air an ian*aidh ah* an ais gii blii air an caocliladh air an naonihachadh 's air
APPENDIX.
129
an saonuih o plieacaihh leis au Righ air Sihn. Maiiasseh, etc. Mata, etc Lugairean, eta Saul a
Tharsus tha nan eisimpleirean air cumhachd grilis, etc. Ma chunnaic lochdarain Shauil neo-iomlain-
eaehd 'u an Righ talamhaidh. chithear ann an iosa '^omliaidh" etc., Eabh. L 3. *'G16ir an Tigheama
agas birdheirceas ar Dh,* Is. xxxv. 22. Fosgail/' ct&, Halm cxix. Ann ad sholus chi, etc
IL An tiodhlac, etc., oirnnc an cridhe chum a chaochhdh — aithreaohas, etc, creidimh, etc., air
oibhreachadh 's air a ghintinn, eta, le cumhachd an Spioraid Naoimh — am feadh a tha beatha *chuirp
*8 beatha na h-inntinne, etc., mar gu lighiche, etc. larramaid mothachadh air, etc. An Spiorad a
mhkin, etc Tha *n cruthachadh uile 'g osnaich cluarain, etc., samhladh aige ria a chaocUadh thrnagh,
etc Faic gach ionad 's na bhris an f hairgc stigh feadh na talamhainn-— cha-n*eil rudha nach faic thu
mii*n coinneamh tolg, eta — 's an fhearanu a tha dearbhadh gu*n d'rinn a* chrith-thalamhainn a h-obair
fhein ann *bhi reub^ na talamhainn as a cheile *8 a deanamh slighe do'n f haiige a bhris a stigh mar
armailt o Dhia a ruighcachd air ionadan ccannaircc dhaoine gus an do chuireadh dorsan, etc., leis an T)
ain a thubhairt, saor, etc." Am bogha firoise, etc., Gu ruig so thig thu agus cha tig ni*s fhaide, agus 'an
so coisgear do thonna uaibhreach," lob, zxxviiL 2, samhladh tha 'n so air a' bhriseadh a rinu an duinc
o Dhia. Tha Dia f irinneach — ^tha*n dnine cealgadL Tha Dia naomh, etc Air an toirt dlii le reite,
eta, agus tha iomadh dearbhadh air teachd an t-soisgeil, le cumhachd, etc Lebhi, etc, Saul a
Tharsus. Na meallamaid sinn fein. Tha liUnh chidrdeil feumail airsou bhi leigheas eucailean cuirp a*s
cridhe. Feumaidh an cridhe 'bhi air a cheartachadh, air a leigheas o*n mheanuchinn, do'n earrann
iiaimhdeas an aghaidh a chandd a,s f hearr. Am breugaire 's a' mortair o tii^ tha " na chruaidh mha-
ighistir," etc., agus 'n uair tha'n Spioraid a' fosgladh nan sM 's an cridhe air a chaochladh tha 'm peac-
ach a* tilleadh ''air fein 's a' bualadh," etc. '"Na shuidhc aig, etc, 's na cheill fhein." A chlaun
bheag tha sibhse o Dhia, etc, 1 Eoin. xvL 14. " Cionnus a dh'fhiosraich Dia na dnnich air t^ le
pobull a ghabhail as am measg d'a ainm fein. Gen. xvi 4 ri ais-eirigh — mar tha'n corp air a bheoth-
achadh o'n uaigh le cumhachd na, etc, tha'n cumhachd ceudna air a chleachdadh a thogiul an anama o
bihas peacaidh agus euceartan 's gu cul-taice dheanamh dha ann an slighe 's an cogadh a chreidimh.
Is beannaicte 'n Ti sin," etc 'Na beannuchadh dha fhein, etc Anns an fhasach tha fhion-liosan 's
^eann Achoir mar dhorus di>chais, Hos.
III. NMur cV chaochlaidh, etc Tha'n caochla mhv so ri tachairt air a' chridhc Cha 'n e caochia
^didh ach cridhe. Tha tnisgan na slkinte, etc., fireantachd Ohiiosd — ach tha 'n cridhe cloiche r'a
thoirt air falbh — cha bhuin do'n chorp ach eideadh na h-uaghach, gus an uidheamaichear an cridhe
air son dhleasnas na diadhachd le Spiorad Dh6. Gus a so cha 'n f haicear beatha no maise na naomh-
achd — a tha crioslaichte le tnisgan na slidnte. A mac strbghail tha 'faotuinn truscain — ach an deigh
dha^ etc " Eiridh mi," etc.
Am bheil sililean fosgailte — tionndaidh au uaoidhean a's laige ris an t-solus — air ikrach le bainne
f ior-ghlan au f hocail agus cuideachd le teagasg Freasdail Dhe ann an diisibh cridteach a chrannchuir.
Gach ui tha 'g oibreachadh le ch^e, etc, Eoul viiL 28. Am bheil saibhreas, etc, nochdaidh 'se e
fein ; am bheil maise aig neach cha cheilear i ; 's nochdaidh an diadhachd i fein iss am bheil L An
Spiorad Naomh, etc. Nan teannamaid ri rMh nach 'eil an droch Spiorad ann, etc, co a chreideadh e'^
Cha-ii'eil Saddusach ri 'fhaotuinn 's cha mhb a chreideadh tu nach 'eil olc 'sa chridhe air am bheil an
droch spiorad ag oibreachadh — 's an tuillidh 's a' chbir iarnddh oirbh a chreidsinn gu bheil an Spiorad
Naomh ann a tha 'bualadh aig dorus a' chridhe 'sa choinnseis a tha 'caochladh an niuluir agus 'n uair
a tha 'n caochladh so a' taduurt a tha 'toirt naomhachd air a h-aghaidh uigh air n-uigh gus an crioch-
iiaichear gr^ ann an gloir.
lY. Aonaichte 's am boinn tha sluagh Dh6 mar bhridthrean, etc Is mbr aon dnine diadhaidh a
bhi 'n ionad air bith, — ach is cunnartach au cor sam bheil c Tha gach aon 'na ''f hear-gieidhidh do
bhrkthair" ameasg naimhdean, 's aingidheachd, 'na fhear-cbghnaidh airacheidimh 's aoibhneas; ach
'n uair nach robh lonatan an taice Dhaibhi, bha Daibhi 'g a neartachadh fhein 's an Tigheama:
Ohairmeadh Or. air tds do na deisciobluibh ann an Antioch, GnL xi 26. Braithrean 's deisdobail
iheirte riutha an toiseacL Nach truagh an sealladh tigh no Hioghachd air a roinn, etc " Is fearr
dithis no h-aon. Air a sgeir no san f hi^h, nacl| bu luachmhor leinn companach ann an amhghar san
aaothair. Agus ann an iomadh dleasnas agus saoliiair thalamhaidh nach fiBtdn 'a nach neo-bhuannachd-
ail oidhirpean an duine aonaraich. Is e idreamh sluaigh aig am bheil cridheachan calma, etc, a tha ^
'toirt misniche do'n t-saighdeir 's a fuadach eagail 's a' cur cunnairt air astar. Labhraidh iad le cheile
air an t-slighe, etc Is aonadh ri Criosd a blumn bhridthreachais a's fhearr 's a's maureannaiche. Agus
is aobhar eagail gu trie gu'm faod samhladh an aonaidh so bhi ann, gun am fior chidrdeaa-— oir choinn-
ich Cidn 's Abel a cheile aig aon altair 's ba bhridthrean iad — agus I^das an SUUmighear 's a dheuh
130
APPENDIX.
•ciobuil aig an aon bhbrd, etc. An ti sinn a bheir foath d'a biithair, etc., nach gtidhaich a bhri^-
jsAr a diunnaic e, etc.
Anns an t-se5mar uachdrach bha iasgaircan Ghalili agu» Mata an cis-mhaor. Bha
baidheanu dhaoino, etc., ach nacb feumail gaidhe 'naalr tha sinn 'g ar cleachdadh fhein ann an
dleasnais na diadhachd — 's ann an comunn sloaigh an Tigbearna. Hannsaich,'* eta Shaoil Eliah
gn'n robh e-f§m air f hkgail 'na aonar — agos bu chianiul an cor sin mur faodadh e lidh. Tha an
t-athair maille riiim.*' Qheibhear coideachd caraid far am beag a bhiodli siiil ris. Cha bbi Daibhi
gon lonatan, etc« na Paul gun Muason — Onesiphonis a fhuair a mach o 's a phriosun.
Db'f hiosraich Eliah gu'n robh ann an Israeli, nach do l^b au gl^n do Bhaal 7000, *s mar ghear-
4iicheas iarann iarunii, etc. * A chual chonaidh, cha bu chomasach a briseadh 'n uair a bha i ga diong-
mholta air, etc., ach 'n uair a dh'fhuasgail iad i bha gach bior gu furasda air a bhriseadh. Mar an
<th& seas rioghachd a tli^air a roinn — agus Cripsduighean a th*air an roinn — cha chomasach a bhi cho
Mdir an aghaidh naimhdean na firinn, 's an aghaidh na h-aingidheachd a tha buadhachadh *s an
t-saoghaL Chuidich gach fear a choimhearsnach *s thubhairt e ri 'bhrkthair, Bi misneachail. Mar
sin thug an saor misneach do'n <>r-cheard, esan a mhinicheas leis an 5rd do'n f hear a bhuaileas air an
innein, ag radh tha c ullarah chum a th^thadh agus dhaiugnich e Ic tairrgnibh e, air chor 's nach
gluaisteadh e,'' Isa. xli. t>, 7. '*Tha claim an t-saoghail so ni's glice," etc.
Faicibh mar thcid iad am boinn airson an innleachdam saoghalta adhartachadh *nuair bhiodh
oidhir]>ean an duine aonaraich faoin chum an toirt gu crich; agus fiucibh mar tha droch dhaoine 'dol am
boinn air son an dnxih r^intean fein a thoirt gu crich mar bhios iad air an ceangal 'nan ceanglaichibh, etc.
Is i' bhann — CilLrdeis a's mh aonadh ri Criosd 'sii teaghlach a' chreidimh. Is e'n Criosduigh 'n
caraid a's f hcarr d*a dbaoinibh 's 'da dhiithaich, am maighistir a*s fhearr 's an seirbhiscach a*s dilke.
Ach feumaidh gu'mbe<an Dia ri'n cridheachaibh — agus mar nach sgaramaid l^thaireachd no cumhachd
Dh6 o'n chusbair a's snaraich'sa chruthachadh, cha mliotha 'sgaramaid iad o'n neach no'n inbhe 's dibli
air thalamh— o'n Righ no o Idchairt, o'n dibl-deirce no o bhothan suarach. Caitheamaid ar n*aimsir,
saothairicheamaid 's fiiilingeamaid " mar a' faicinn an Ti a ta neo f haicsinneach."
Ciod an earbsa \s urrainn a bhi agad as an droch dhnine. Theirig am boinn leis 'na innleachd
aibh auigidh agus in c chcud neach a bhrathas tu. Cha' n'eil fhios cia luath 's a dh'f haodas srad do'n
droch nkdur tuiteam air na bannaibh brisge asgairt, etc, no ni ncart sainnt 's buannachd shalach
ahaoghalta na ceanglaichean truagha sin a bhriseadh a tha cumail nan aingidh, etc, airson an ndnteau
olca chur an gniomh, An ti sin, etc, ach sgriosar, etc, nan amadan." — Qua. xiii. 20.
Ach tha aobhar taingealachd againn gu bheil blaithcan cniadalach (fiadhaich) an achaidh, etc,
mar Il<>s Shkroin, (>tc., cniadalach, etc, Diadhachd abair, etc, 's mar a rinn am fear saoraidh gluasad
gun suim, etc, a hichd leanmhuim gu'n cli^thaichear leis na h-eucoraich a dh'iarr an toirt a thaobh
'nuair a thilg iad duals au uilc air falbh 'sa shaltair iad i air an \kr.
I. larr ciiochla cridhe — an t-aithreachas, etc. Tha 'n diadhachd buanuachdail, etc., '3 aii t-saoghal
so fhein, gu d' bhuainiachd fliein 'sgu buannachd, etc, cha'n ann gu tighinn heb dhuinn fhein, etc,
Nah-Abstoil " ditliis a's dithis.** Cuir meas air an Fhocil a tha labhairt mu ghloirueimh — ^*smu dhleas-
nais an duine, suaimhneas fhlathanais agus Houas talamhaidh, " Far am bi," etc, Eoin xiL 26. Is e
eagal an Tighcama tus, etc, agus an neach sin a ta tighinn beo fo chumliachd is e'n caraid a's dillse do
dhaoinibh 's do dhilthaiah c, sa *s fhearr anns gach cor, gU\ Cha 'n e cagal na traille, ot-c, uo
chladhairc— cha' n e cagal duine a bheir ribe, etc, ach eagal Dhia a sgriosas a h-uilc eagal, etc., eagal
&icill agus freiccadain, eagal diomb Dhia a chosnadh.
Bheir eagal duuie ribe " agus mar nach 'eil am fircan air a ghluasad no air a riaghladh leis — ^inar
«in cha'n 'eil e air aomadh leis a chlid a thig o dhaoinibh — ma tha 'n cliil sin a'leanailt oibre cha' n' cil
e 'saothaireach<adh air a shon.
Am bheil a 'ghrian gu bhi air a smaladh as an iarmailt a chionn gu bheil faileas a' leanmhuinn
gach cuspair air am bheil i' dcarsadh agus an dcarmaid sinn dleasnais beatha na diadhachd air son a
ddid a dh'f haodas au leanmhuinn ) In anns an t-saoghal so a th' againn ri'r leas fhein, etc, 'sar
coimhearsnaich a chur air aghaidh.
2 K^bheatha ri teachd — a shcann duine cha'n fhada giis,ctc; an oigridh li()naidh na h-ionadan 'sna
fkrdaichean , agus sean agnscig gu leir aitichidh au uaigh — '3 tha 'm breitheamhnas cho cinnteach
ri's a' bhks ; 's gu'n dec^iiaichadh, etc, gu'n d'rinn na h-orduighean, etc. Ciod an t-ullachadh a rinn
sibh airson na siorruidhcachd. Is e 'n fiaoghal an t-achadli air an tionailcar an t-aran a theirgeas 's an
t-aran nach teirig — am bhcil sibh a sgapadh an ni sin bu clioir dliuibh a bhi tional. Bha Saul air a
threbrachadh seachad air uaigh 'nuair, etc, agus sibhse, etc., sagartan 's 'nur righribn do Dhia — a*
APPENDIX.
131
xioghadiadh air an iatanih. loseph o Arimatea — dh'iarr esaii an cwp^ etc., riasladh, etc., 'sQuair tha 'n
diadhachd fb dhi-meas cuiream a id meas oirre. Is maith dhuinnc bhi 'n so ach ma bha beum, etc.,.
\kgk gleann, etc, Achoir, etc
3. Amaideacfad a bhi 'tighinn 600, eta, gun ch6ir, etc 'Nar turns gu naigh cha'n nrrainn sinn
gnn toirt fiunear gn bheil ai» t^ungidh gun aith, 'a ann an ionadaibh sleamhna,'* 'a nach comasach
nithe 'n t-sapghail an t-anam a bheathadiadh ni*s m6 na ghainneamh no'n lasur an corp, Na h-earb-
» duine, etc.
Nochd iochdrrain Shanil eas-nmhlachd d6n Righ dligbeach ach cha b*fhada gus an do theagaisg
aaimdean dhoibh an amaideachd; chaidh an toirt gu striochdadh co dhiubh b' ann gu fior dhiUs^ftchd
no nach b'ann. *Snach bn cheannairceach sinne 'n aghaidh, etc, ann an te)nn dh*asluich ainn a chogh-
nadh — agua 'nuair chunnaic ainn ar n-anmhuinneadid an do thilg sinn ainn fhein air gidrdean an
Uile-ehnmhachdaich a bha cho treun, etc, agus gu dion.
A chning dhamh, etc, xi., 7, bagradh amachdachaidh nach ach faoin. Tha e gar teagasg le^
idthne air idthne — ach theagamh gun dmigheadh so orra ni bu mhb na bagradh sgrios shiorruidh —
call maoine talamhaidh ni 's m6 na call an anama — agus an d*rinn gach call a dh*f hiosraich sinn riabh
ar n-aomadh gu bhi diramh ar n-ionmhais air neamh.
Tha fulangaa, etc, an Fhir-shaoraidh mar dhidean air a chnr £a chomhair an aingidh — a nochdadh
cwmich Dhe an agaidh peacaidh, nach lugha uamhas idir gu'm bheil i air a nochdadh ann an ciuineas
a* J^ireitheimh a dh'f hkgas aig na maoir a bhinn gu 'cur an gniomh. O Jerusalem," etc
Cia trie a chunnaic sinn kmhghar a briseadh a steach do fhlirdaichean ar odmhearsnach — a chuir
ar peacadh an cuimhnc Far am fiiic thu maor tha*m bitheantas briseadh air an lagh. Is iomadh
rabhadh a fhuair ainn — an iongantach ged smachdaicheadh IHa sinn nar pearsaidh'nar 'ctdrdibh
-s 'nar maoin. Throm-smachdaich Dia mi, ach gu has cha d*thug, etc, S. czviii
Ciod an taobh air am bheil thu? an taobh sin ris am bheil thu 'n daimh an so, gabhaidh sealbh
ort an deigh so. Ou'm beanadh Dia ris gach cridhc Ou'm biodh an t-aingidh air a thilleadh o
aheachran a shlighe, 's gu'm biodh na f Ireana a dlii-leantuinn ris an Tigheama. Fanaibh annam-sa,
Eoin XV. 4. An duilleadi cha-n'eD air iomain leis an stoirm gus an tuit e o*n chraiobh.
Biomaid nar luchd-cuideachaidh do aoibhneas ciU^ a cheile — ann an ^te bhi nar luchd-bacaidh.
Biodh ar cridheachan air an caochladh. Gu'm biomaid 'n ar sluagh toileach,** etc
Is beag feum a rinn e do'n chogal a bhi 'measg a chruithneachd, agus is beag feum a ni e dhuinner
a bhi sealbhachadh orduighean — trcVcairean, agus breitheamhnais Dhia mur 'eii dr^ghadh iomchuidh air
a dheanamh.
(Signed^ Danisl Macphib, Modr.
DoKALD Macdonald, Clerk.
Pobt-Ellek, January 25, 1859.
Beferred to in my deposition of this date as a haver in tiie Saldalton case
Donald Macdonald, Pres. Clk.
(Signed) Jajcsb Dbwar, Modr.
Jabces Dswab, Clk. P.T.
SECOND ENGLISH SERMON.
AcTTS xxL 16.
I^ after ^ knowing the heart of a stranger,"' the pilgrim of the desert rejoices at finding a Chris*
ilan firiend, so would the Apostle, who was susceptible of the wannest friendship, and grateful for the
kind offices of this old disciple and helper of his joy.
Much did Paul appreciate the kindness of O^ieinphorus, who sought him out and found him in
132
APPENDIX.
tho prisnn-hoiiso, and " was not ashamed of his chain '* — the chain of the prisoner — not the g
rhixin of office wliich Paul might have possessed, if the interests of eternity had not gained, i
^iwch would Paul value every act of friendship and the fellowship of the pious, when bent
oncountoring bonds imprisonment, and death, eta — like the Christian patriot, whose couragi
ox{)oricnce of trial banish not from his breast the affections and tender sensibilities of humanil
conversant with trials, Paul, this tree of knowledge and righteousness, enjoyed the fellowal
Mnasiui — this planting of the Lord grew as the majestic cedar, flourishing in defian
desolatini; tempests, yet moistened by the dews (»f heaven, trembling to the gentlest breeze.
I. (/onsidor tho short hUtnry of this disciple. He was a Gkntile, but converted to the Chi
faith. He given evi>!cnce of the change. He gives his hospitality to the Apostle, and being
to hospitility in that age was no small proof of discipleship, when the practice of this virtue i
subject one t«^ confiscation of property, and even to death. This was the first proof given by '.
of her convorsioM, and by the Philippian jailor of his own conversion — "he washed the stripe
" Paul and Sihw, set meat before them,** and ** rejoiced, believing in God.** Acts xvi 32, etc. •*
not be ashamed when I have respect unto all thy commandments.** Ps. cxix. This kindness
£rom the love of (Mirist constraining him, as it does all the sincere converts to his faith, who,
they pr iy for tlie pardon of all their iniquities, seek to make amends for injuries inflicted upon <
in the time of ignorance.
II. Here this man of God — this friend of the apostle is characterised as an old disciple — a
honourable distinction. — *'The disciples were first Ciilled Christians at Antioch '* — ^before then the]
designated as ''brethren;'* disciples because they were taught **by Christ" — this "Teacher sent
Gk)d.** Both Paul and this disciple had the same Master. Paul was a Jew, and Mnason was a GentiJ
both were trophies to the triumplis of grace. Mnason was of the first fruits of the Gentiles, and
in Christ bf/ovf-" Paul. By the Spirit, Word, Providences of God, those sinners were taught-
eyes pi>ened "to see, etc., wonderful things out of the law.** "Gk)od and upright is the Lord,
Sinners, etc., and, doubtless, the disciple of Gamaliel — now "the disciple of the lowly Jesus" — '
profit by his intercourse with this old disciple as "they talked together of the way." Many ai
opiK>rtunities of religious improvement. May we have the humility to profit by them. The gi
minds arc often the humblest, and for want of due condescension, no great cause, no important in
will they allow to sufler.
**The lark that soars,'' etc.
One of tho brightest ornaments of our literature acknowledged that he never took up a common
pa{>er without bein<; instructed — and one of the greatest patriots that ever toiled and bled in our
try's cause, thought it no useless cx]H>nditurc of time to peruse tho most trifling documents thai
found among the si)oils of vanquished foes — in these he might find the secret of his noblest sua
"for no owQ ever sat down to write, without intending, etc,, to commnnicate information, etc., ai
he had not." *
Never was tliere a word written in the lUble in vain — "All Scripture is given by inspin
etc., and with babe-like lowliness may we jHinder its hallowed pages, and be followers of the dh
"even ;is they were followers of Christ" An eye must be cast from the splendid chariot upc
humblest niile-stone, or guiding post at the way side. — And the Assyrian general was directc<
the prophet that w;is in Israel/' by the humblest of his captives. Naaman must go to the pro
doi^r ; and Paul, who " sat at the feet of Gamaliel," sat at thc/<Y< of " the lowly Jesus," and won
fail to learn lessons of Christian wisdom fn^m " this old discijjle."
III. Point out some features of the Christian character — That change he had experienced
consists in repentance towards God — a change of heart — not another, but a new heart He fou
place to weep, etc., when he Siiw his sinfulness,** etc. — grief as for a first-bom, and for an onl
Grief that is felt in the iniiiost recesses of the soul, — that one carries to the grave.
Kepentance has constant exercise. There is a time when it begins, when the angels^ etc,
ends only with the la^t irasp of man's mortal existence. Patience, and all the graces of the Chi
character, have their perlVet work : there is tlio walk, tlie race, the warfare of the Christian's (
and each grace grows as it is exercised by its peculiar trials. The young disciple is nourished by the s
milk, etc., grows thereby; and as he gnnvs oKKt is diseiplineil, by the providential dealings of Goc
things working together f»>r his good."
IV. Ke.<;pei't f »r the onlinances of irlhioii. This Pavid had, and a greater than David, eta
prayer. "Tho' I were innocent, yet would 1 siipplicate of thee, my Judgi*," etc.. Job. The Saviour pra
APPENDIX.
183
his Father in heaven. Word, etc., no ysun thing because it is oar }ife. And as the priests carried the
aik containing the hook of the law, so let us bear the word, etc., as a lamp. — Sacraments, etc. Bi^tism
was received by Christ, and as to the last passover, etc , he said, With desire, etc. A man of sorrows,
but uot a man of sins'* — He required the comforting influences of the Spirit to sostain his holy hnman
nature. The apostle with reference to Pentecost He requires the purifying, etCL, powers of the Spirit,
as well as his comforting influence — and said, with reference to the feast of Pentecost, I must by all
means, etc.. Acts. Former associates and pursuits he abandons, but is a companion of all, etc. — One
tJiing he desires etc., to live in the house of the Lord.
V. The disciple has much experience and observation. — He has experience of the trials of life —
the temptations of Satan and wiles of wicked men. He knows the means of escape and safety. He
•grieves for the spot of God's ckUdreriy" and laments his own imperfections — ^his coldness in duties of
devotion to Qod and charity to man.
He rejoices that whatever befab him happens for the furtherance, etc.," and that afflictions are
beneficial not only to himself, but to others. Job was afiiicted, not only for his own spiritual benefit,
but for the benefit of his successors in tribulation. Paul was a prisoner that the Philippian jailor
might be freed from the power of Satan. Having experience of afflictions himself, he seeks to comfort
others with the comfort wherewith he himself, etc.
His observation assured him that here there is no perfect or permanent happiness on earth — He
saw the wicked flourishing like a green bay tree/' he looked and he was not to be found. His highest
places of rank and power were slippery places" — whence he might fall into poverty and disgrace, and
if God prevented not^ to eternal perdition. His experience and observation of life, by God's blessing,
reconcile him to the sphere which Providence assigned him — and his mission to earth may be as im-
portant as that of the mightiest monarcL — A living epistle — he is read of aU men** — full of Uie
lessons of the Word and Providential dealings of God.
VL Thankful for the watchful Pro%ddence of God — Jonathan went to David in the wood, and
strengthened his heart in God — this old disciple encouraged himself in the Lord might well be so, for
the preservation of his life amidst the persecutions that raged around him. And who is not an evid-
ence of God's sparing mercy ? Will not the believer acknowledge, that if the power of destruction which
the elements possess, was to be sent against him, death would sink him into eternal perdition ) Bat
the Providence of God sustained him until he became a subject of God's grace, persevering in and pur-
suing the path to everlasting life. — ^The path,... as the light, shineth more, etc
1. The life of this disciple long — ^but it came to an end. He parted with Paul, never to meet
again on earth — ^but to meet in heaven — where sorrow and sighing shall be no more — Philip parted
with the Ethiopian, etc., but the Spirit remained with him. The life of the aged disciple was useful,
and his death might teach the careless and unthinking how a Christian can die." — Ist, An old
disciple, but not perfect; corruption still clung to him, and the ''body of this death is not destroyed bat
with the death of the body," and with every duty came a temptation to n^lect it — he has need of watch-
fulness and prayer, " lest he enter into temptation."
2. Let youth seek for the hoary head in the ways of righteousness" — ^there is no other way bat
the new and " living way" — young many may be, but old in iniquity — pray.. .seek the honourable dis-
tinction of being a disciple of Jesus — wise unto salvation — that you may not^ as an old transgressor —
receive this reproachful appellation, that alarming summons, ''Thou fool," etc. The wisdom of the
world . . .giving all its point and severity . . . to those alarming worda
THIRD ENGLISH SERMON.
I Cheon. nr. 10.
As the pilgrim of the wilderness, when "loneliness has loaded his heart and desert tires his eye,"
rejoices at meeting signs of cultivation, and the dwellings of Christian men, so the pious student of
Scripture, as he ponders the pages of the Bible, and reads records of human folly and frailty, and of
the abounding iniquity of every age, rejoices to find one who, like Knocli, valks with God, and whose
life is a solemn protest against the sins of his day and generation. Such a man was Jabez, of whom
honourable mention is here made. He was a Jew, but bears a family likeness to the household of the
Christian faith.
134
APPENDIX.
L Considei: tho brief history and character of Jabez. II. His prayers.
Ist, Jabez was a Jew, a tnie worshipper of the God of Israel His name is not mentioned
before or after this. His history is brief as that of Abel, and of others of whom the world wi
worthy, but long enough. He was more honourable than his brethren. Tho* their histo
briefer than the shortest epitaph, it serves to show us that Ood is the God of salvation, in the
archal and Jewish, as well as under... the Christian age& The Gospel was preached unto Abrat
yea to Adam, to Abel, and even to Cain — " If thou doest well," &c.
The name of Jabez signifies trouble, &c. The sinner feels tho arrows of conviction that are
in the heart Sin became a trouble — conviction came before conversion. Sinai, with its light
darkness, and tempests, was in the way to Zion, and in the path of the believer's pilgrimage Uiei
some things akin to renewals of the ^^demess scenes, ever until the believer enters the man8i<
immortal bliss. Sin is a trouble both before and after conversion, for the Apostle has said
wretched man," &c, — and the bitter herbs partaken of with the Passover are significant emble
grief for sin, and the suffisrings of the mortal scene.
The believer's lot is to suffer without the camp, bearing his reproach unknown to the wc
Baving his good evil spoken of — ^yet his witness is in heaven, his record is on high. Moses fora
palace, and })referred to endure affliction with the people of God. His grave was never k
The tendency to venerate departed worth, and worship the creature besides, or rather tha
Creator, was known to the Searcher of hearts, and lest those that revered him when alive shoulc
ship him when departed, his grave was not permitted to be knowiL There is the popery of the 1:
heart, which existed there before ever the Mystery of Iniquity became a published system of porn
error. The illustrious Reformer sought with his latest breath that no memorial should be raiscc
hia dust — his grave left unwept on but by the rains of heaven, and
"The willow that weeps o'er Calvin's grave. '
No matter what our external condition is in the world, our history may be briefer tha
shortest epitaph — our graves unfrequented as the beggar's, on which no tears are shed, if our w
is in heaven A man of prayer. And sure we may be that it was in answer to prayer tha
opened his eyes — and in answer to prayer he received every blessing, and that this beautiful but
prehensive prayer was put into his heart and mouth by the Spirit of Christ, the Teacher sent
God, who taught his disciples the Lord's Prayer. Prayer is the hand which receives the daily
of the soul, knocks at the door of mercy, and asks for it; and you may as well expect health I
glecting the means of subsistence, as expect spiritual prosperity by neglecting prayer and the
means of grace. The practice of prayer enlarges our acquaintance with God and ourselves — anc
tliat know the Lord shall be strong. ''Our conversation," saith the Apostle, "is in hcs
PhiL iiL 20. " If ye are risen with Christ, seek the things that are above," «fec Col. iil I.
prayed to the God of Israel, the God of Jacob, "the God of Bethel ;" and the God of Israel i
God of the Christian. He delights more in the gates of Zion than in all the dwellings of Jacob,
is with ... Jacob when the ground was his bed — and with those who delight in his ordinances, he
every scene of suffering, &c
And if his wondrous acts for his chosen Israel, Dent. xi. 32, gave Jabez lofty conceptions <
nature and character of Jehovah, have we not a larger record of mightier works than he had, to
us that the gods of the heathen are not as our God, our enemies being judges? Let us rememb<
years of the right hand of the Most High — may the Spirit teach us by the Word and the eve
I'rovidence.
If God did much for Israel, he has done more for those upon whom the latter days of Christ:
have come, and for us who enjoy Christian privileges — and to us this appeal ought to come with
liar emphasis, "What more could I have done for Israel," etc., "acquaint yourselves with God, a
at i)cace," Job xxii. 21.
If. The prayer of .Tabez, and the petition it contained. Tliis prayer is a model foi
imitation, like the Lord's IVayer. He first seeks the kingdom of heaven — and as in that prayer
is only one petition for temporal mercies —
Ist, "That thou wouldst bless me indeed." Give the greatest blessing. The blessedness <
man who is blessed because his sins are pardoned — his trangressions ccAercd — who has found si
and safety under the merits of a mediator, and having found that — received Christ by fiaith— can i
for himself the truth of Scripture. "There is now no condemnation to those who are in Christ Je
€tc. He has a right to the sanctifying, guiding, and comforting influences of the good Spirit of God-
he comforts others with the comforts, etc. His heart being right with God, is fixed upon one great 1
APPENDIX.
135
—and eveiy blessing must be sought in prayer, for God bonoors his own ordinaace-^aod are we
•despisers of it f " One thing I have desired, and that," etc. — I am determined to know nothing but Christ
JiesQSy etc He has an interest in the legacy Christ bequeathed to his foUoweis — ''My peace I leave
with you, my peace I give unto you — not as the world giveth,*' etc. Having our best and immortal
interests committed to an everlasting arm — each may say for himself, ''I know whom I have believed,"
etc. This is being blent indeed, and without this blessing — what is the greatest and most illnstrions
of men, but miserable amidst the splendour of palaces? What is wealth, what are the possessions and
enjoyments of time I etc
2d, ''Enlarge my coast,** is another petition in this prayer. This is a petition for temporal
mercies; and it is lawfiil to pray for temporal , that they may be the means of increasing our
usefulness in the Christian life, walk, and warfare "He who provides not for his own house is
worse than an infidel,** etc. " Give me neither poverty nor riches.** It is lawful to pray for "the
increase of the field," and every other temporal blessing.
It is to be remembered that at this time some parts of the land of Canaan were in possession
of the enemies of Israel — and that the Israelites were commanded to root them out. It is lawful t4>
pray for success to the commercial enterprise of our Empire, as the means of elevating our nation
among the kingdoms of the world ; and especially as the means of opening up paths for the messen-
giers of the Gospel to the benighted regions of the earth — ^for the Gospel's conquest and conversion of
kingdoms of the world into kingdoms of the Lord:** " In all things, by prayer and supplication, let
lis make our requests known,** etc — It is lawful to pray for success to our fleets and armies, and when
fields of combat are wliitening for the harvest of death, while our country inscribes fresh memorials of
the prowess of her sons, may the sword of worldly warifare make openings for the sword of the Sphrit,
which is the Word of God — and may it penetrate the hearts of the votaries of a corrupted Christianity,
and the devotees of degrading superstitions — and the dark regions, etc., full of habitations of cruelty.
Jacob, at Bethel, said, " If, etc, to my father*8 house. Gen. xxviiL, then the Lord shall be my God.**
Jacob was not so mercenary as to ask for this favour as the reward of his service; but the granting of
his prayer was an additional motive to bind him to obedience — to renew his covenant with him, and
live to his praise — to renew this obligation under which he came at a former period, when his heart
was set right with God. If God were to deny him his requeiit, this would only set him to the exercise of
submission — and wanderer as he was, like his posterity, he would believe that God was bringing him
"to a dty of habitation."
In the Lord's Prayer, to which this has a striking similarity, there is a petition for our daily
bread, as the provision for the way and warfare of the Christian pilgrim.
3d, " That thy hand may be with me." That I may have the protection of Providence and guid-
ance of grace. " If thy presence go not with us, carry us not up hence.*' The believer knows his
own weakness. The dangers by which he is beset, and seeks to lean upon an uncreated arm. Grace
is analogous to Providence. As Providence sustains the natural so grace sustains the spiritual life.
If the divine hand be with us, no matter what hand is against us. In the world ye shall have tribu-
lation, but be of good cheer, I have overcome the world. Does the world mean the love of the
world ? "He overcomes it," &c. They forsook all and followed Jesua Does the world signify wicked
men, enemies that plot against us — them also he overcometh. Esau's enmity to Jacob is laid aside,
and he meets him as a friend. Does the world mean the material universe I He commands the sea
and winds, and there is a calm. He preserves the life that now is until our warfare is accomplished,
otir iniquity pardoned. David found a friend in Jonathan, and when Jonathan was not near him, he
encouraged himself in the Lord.
"Take me not away in the midst of my days." The Christian has the guidance of Providence, and
the sustaining influences of the Spirit. "All things are yours, Paul or Cephas, life or death" —
1 Cor. iil 20.
4th, "That thou wouldst keep me from evil** Sensible the believer is of God's guidance in Provi-
dence and grace— he knows his constant need of it — ^he makes his requests known unto him.
That thou wouldst keep me from evil, natural and moral evil — "the evil one." Here again is a
similarity to the Lord's Prayer — and Jabez, when he directed this prayer to heaven, was sensible of
the power and policy of Satan, who was a murderer and a liar from the beginning. "The evil that is
in the world — the common calamities of life — and the temptations of Satan, and wiles of the wicked.'*
The calamities of life were easily borne if the gall and wormwood of sin were not mixed witb
them. That they may not grieve me — Jabez signifies trouble — he fears a renewal of the fiery serpent's
wounds when first he looked to Him whom he had piereed; remembering that to his peo|)le "God
136
APPENDIX.
speaketh peace, but let them not return again unto folly/' If we shrink from the cup of suffering, let
ufl shrink from the cup of trembling which sin puts into the hand of the transgressor.
In ouB experience of suffering may we be more and more like the Saviour, into whose bitter cup
remorse for sin never wrung one drop of woe ; but never will the best of men be in this world sufferers
without sin, altho* some may have less of this gall and wormwood than others.
oth. And God granted his request The prayer was answered. It was the prayer of faith. We
have already observed its similarity to that prayer which Christ taught his disciples, and no other
teacher but " the Teacher sent from God" taught this prayer to Jabez.
1. We may learn from the text that we are to seek for the Spirit of prayer and supplication — ^for
the Spirit to make intercession for us — within our breasts, to teach us what to ask in prayer — and how
we ought to pray — to represent within us the Intercessor at the right hand of God.
2. We are to pray to the God of Israel — the hearer and answerer of prayer — the God of Abraham,
of Isaac, and of Jacob — ^the Father of every good and perfect gift. Pray through Christ on account of
Ms merits — remembering the years of the right hand of the Most High ; what he has done for his
chosen Israel, and what he does for all such as seek him in suicerity.
3. We are to honour his own ordinance. " I will not be ashamed when I have respect to all thy
eommandments." It was said once that prayer was the key of Paradise. The key to Paradise are the
merits of Jesus and hangs upon the 'Gesture dipt in blood'* — ^but prayer may be said to be a weapon to
be wielded in the warfare of faith; and if we could conceive David deprived of the power and
priviledge of prayer as he was of the privilege of worshipping in the saiictuary, we may be assured
that he would lament with grief as sincere as over the slain of Gilboa, That the weapons of war had
perished, that the mighty had fallen.*' Those weapons of the warfare of faith are not to... cast aside
''until our warfare is accomplished, our iniquity pardoned."
Ged tha curam 's dichiolliomchnidh ann an gnothaichibh saoffhalta gun an cridhe abhi air ath-nnadhach- ^
adh air a cheartachadh 's air a ria^hladh tha *n curam a ta ann f hein feumail ealamh gii fas na ghritdh do'i-^-^
t-saoghkl a th' air a thoirmeasg leis an Fhear-shaoraidh mar shannt. Chi sinn sa* chaibideil so gun d*lliiiiiiiji,^
neach a dh'ionnsuidh Chriosd muoighrcachd rou 'n robh connspoid ^n uair thubhairt e ris co a rinn mise," et(w ^
agns tha 'u so far comhair an duine saibhir a* gealltuinn m6ran laithean dha f hein — 'nuair tha breithetunh
talmhainn, etc., a^ nochdadh cho goirid neo-diinnteach *8 a tha 'n aontu a th^ air a bhcatha so a ta lathair 'BJ**
air gach ni a ta sinn a* scalbhachadh innto. _
I. Tha 'u duine saibhir ag iarraidh foise. Cha b'ann le leisg a f huair c 'n soirbheachadh 'san saibhrea^^
saoghalta a bh' aige — Bha e smuaineachadh gu'n robh morau do nithe n:atha na bcatha aige fa chomhai^^
mhbran laithean — cha d'f huair o fois ach bha e ga h-iarraidh ; cha robh Rnnas aige ach bha e air a thbir ilii^^
robh ni cearr ann a bhi iarraidh sonais ach bha e cearr a bin ga iarraidh auns an t-slighc dhocharaich — fah^-
e 'g iarraidh fasgaidh ann an dideau breigc — ann am failca.san faoine — ^^nuair bha 'n lamh — sgriobhaidh air'
a bhalla a chuir ball-chrith air i3el8hat«ar a' cur uamhais air an auam, etc. — 'n uair bha gach aisling a h^-
dochas na inntinn gu Lhi air an smaladh as Ic aogas duaichnidh na li-uaghach ^8 a bhuie, mar g*um biodh foains
ohas na muinntir a bha gu ghiiilan gn adhlacadh air an chunntinn air an staii8nii h — nuair thainig a chaiBni'
eachd chruaidh sin, *'Ama«lain air," etc. *'Thcid annil an pilhdli e ^a iiir: san la sin fein thcid as d'a
smuaintibh/^ Is sona 'n ti, etc., Salm cxlvi. 45.
IT. An t-ainm taireal maHlach, etc. " Amadain,*' etc. Tha Roadh fiu-.^niug aig an fhocal. Tha e ciall-
aehadh tuillidh na neach aig uach oil an ton)haBdo thuigse a tha ni bitheantas air a bhuileachadh air daoinibh
no o*n da dheonaich Dia f huacLach le mcaraicliinn. Theirear aiuadau ri neach a their na cridhe nach ^eil ann
Ilia," etc., Sftlm xiv. Ged nach abair e sin o chridhc \s coinnj?eas mar cliathaii* Bhreithearnhnais na uchd— V
case.
DoKALD Macdonald, Prcs, Clk.
James Dewar, Modr.
James Dewak, Clerk P.T.
Daniel Macphie, Modr.
Donald Macdonald, Clerk.
THIRD GAELIC SERMON.
Lucas xii. 20, (a chend earran.)
APPENDIX.
pudi cosbair cratbaichte ma'n coairt air — oibre iongantach an Fhreaadail a' togail fia&nis air bith 'a air
ooiudhibh Dhe. Agus faodar amadan a rkUi ri neacb a tha glic hi a bharail fein— a dhiarras f h\reantachd
fm a char air ohois, a ni dimeas air an t-slainte, etc. : ^sa ni earbsa a' ghliocas *8 a fbpgfaainnteachd f hein ann
an dencbainnibh an cunnartaibh an t-saoghail — *8 air son comhf hurtachd an anihghar 'a aig bmaich buis
agoa breitheamhnais. Air chul t-fbireanteacnd 's t-f hogbainteachd fhein — Biodh Orioed air krdachadh faic
Criosd agus esan na aonar mar fhasgadh ^s roar dhidean o chorruicb. Is beanoaichte iadsan a bhiisaicheaa,"
etc — *s tha 'n oibre gan leantuinn-cha teid iad a bhualadh aig dor us f hlaitheanais ach tha iad air an cuimh-
neachadh le Dia — ^'s ann d*an reir a tha *n luigheachd shiorrnidh air a toirt do ahlnagh saorta Dhe — Ma tha
thn 'g iarraidh foghluim air dleasnas cleachd saothair 's mar sin tha o iomchuidh a bhi tighinn beo ann a* seir-
bhis Dhe, etc., 's nan cuirea(ih tu meas air suaimhneaa inntinne ^s ann is mo bbios agad dheth mar is dnrachd-
aiche thu 'nad dhleasnas — *s uaa cuireadh tii meas air cumhachd eisimpleir inar is mo leigeas tu do 'd sholus
dealradh san t-saoghal 's ann is feumala bbios tu 'n ad latha ^s nad linn 's is buadhaire bhios do bhiis. lobadr
iobairtean fireanteachd ach, etc., Sahn iy. An crocbadh air an trusgan sin a tha tumta *m foil than iuchair
a dh* f hosglas gu deadh-ghean 's gu flaith eaiias Dhe. An ti a dh^earbas 'na chridhe,*' etc., Gn^. xxviii. 26.
3. *Na amaddan a thaobh na siorruidheacbd-Glic ann an gnothaichibh saoghalta adi V e'n gliocas sin a
thnff an ruinn bu gheire do 'n ainm mhaslach thaireil so *thng uamhas do *n chaismeachd chruaidh sin a f huair
beartach-ach cha robh e saibhir a thaobh Dhe. Fiath-bheathaichcan na ma<mrach dh* fhaodadh chibsnachadh,
an toirt gu striochdadh gu feum tigheadais gun e bhi 'n suidheachadh an ti sin a,ta riaghladh a spioraid
f hdn, etc., a rioghachadh air an talamh. Am fonn fks bu reasgaiche thug e fo bhlkth mar an rbs-ach cha robh
toradh na diadhachd ann, 'nuair. . .speal a' bhais agus a' bhreitheamhnais gu bhi air a sathadh *na bheatha. Bha
nithe mathanabeatha so a' dalladh a shul chum's nach faiceadh iad an hunh o'n robh gachsoohair a' sruthadh
— mar dbuilleach au doire nach leig gath grcine air an f honu gdd's ann o*n ghrein a tha mhaise gu leir — 'a
an ioghnadh ged bhiodh froiseadh air a dheanamh air soirbheachadh saoghalta 'n doine, chum gu 'ndluthaich-
cadh Dia ris an trocair, etc., Daoiue an t-saoghail so aig am bheil an cubhrionn sa bheatha so— ach air
mo shonsa, ann am fireantachd chi mi do ghniiis, sasaichear mi 'uuair a dbuisgeas mi led chomhsamhlacbd." —
S. xTii. 14. 15. Is cunnartach an steigh a leagadh gu docharach no toiseachadh far am bu choir crioch-
nachadh — larraibh rioghachd Dhe maille r'a iireantachd agus cha toiscach thu ri togail ach aig an steigh, cha
toiseachear idir air a' mhuUach, etc., 's cha teannadh an duine saibhir ri 'shaibhlean ura thogail sa' mhullach,etc.,
na toisich air souas iarraidh le bhi g iarraidh nithe an t-sac^hail so air thoiseach air x^^hachd neimh no sonas
siorruidh gun suidheachadh air Carraig nan linntean Criosd. Cha tug clann Israeilceum air an turas gus
an do phairtich iad do'n uau C/baisge — le'm brogan, etc., le'm bataichean nan lamhh 'san cul ris an Eiphit,
's gus an tig am peacach le uihi-thoillteannas, le anmhuinneachd, etc., gu Crioad ag radh-tbar mi steacn am
fianuis mo Kigh ; ach iarramaid gliocas neamhaidh. Theid mi 'm fianuis an Righ s mu bhasaicheam, basaicbeam
— ^*8ag iarrui(Si beatha spioradail ]e durachd anama air Criosd— cha blii ceum air a thoirt air an turas, no san
reis, etc.
4. B*amadan c anns gach ceum do'n turus. Nam b' amadan e na oige-nach fireagradh an t-ainm air m
aonruichte mar iiine ghoirid do 'n t-siurruidheachd — s gu sonruichte 'n doigh do throcairean 's do bhreitheamh-
nais Dhia a bhi air an caitbeudh air — 'se criothnachadh roimh adhlacadh an dara YAjb, An seann-duine a
dhealaich ris a' charaid mu dhcireadh aig an uaigh air an d'fbag aimsir a h-aileachd fhein 'sambghar a leon-
cau gun driighadh slainteil f hiosrachadh 'na chridhe. An chdhc faoduidh gu trie a bhi mar a chreag nach
gabh ti'ngasg — ach tha iomadh cridhe mar ghainneamh na traghad a shuigheas gach uisge 'sa theasaichear
kiis gach grein ach air nach faicear toradh no blktb ; mar sin tha luchd aidmheil a tha do ghna a' foghlum
ach," etc.
1. An rabhadh-cabhagach.
An roth, etc., Eccl. xii. 6, etc., roar gu'n spealgte le ord e s'e na shiubhal — au sin theid an corp, etc. —
min^u^adh soillcar air na briathran sin — ^^Brisear an roth," etc. Cha 'n e slearohnacbadh gu h-athaiseach an
ta<»bh — thall do na tri fichead bliadhna 's a deicb a ni gach neacb idir ach ann am priobadh nan siil, etc. A
bhi air an toirt air falbh, etc., an rabhadh tha do no h-uile. Do'n righ 's do 'n diol deirce — do 'n t-sean 's
io 'n 6g — Iarramaid foghlum anns a chunntas neamhaidh — a bhi 'g kireamh ar laithean, etc., foghlum a th'air
ft theagasg le spiorad Dhia — an cridhe air a cbeartachadh chum 's nach mealar sinn.
A dhuine 'oig-tba uaigbcan do Icithid cho trie sa' chladh 's a tha uaighcan nan aosmhor — thoir fancar
gun dearmad a dheanamh air ullachadh airsun do chriche — iarr gun do theicheadh a bhi anns a
^heamhradh oir ged gheibheadli tu aithreachas ann an aois nach fearr ann an uige e — Manasseh rinn aith-
rcacbaa ach cha d'rinn a mhac, etc., agus nach mor an doluidh a dh'fhaodas an duine caoin-shuarach a dhean-
amh dha fhein 's do mhuinntir eile. Tha cinneas geamhraidh ann — ach an carbadh tu ris airson do mh^l no
do bheo-shlainte, etc. Cha ghiorraich sinn idir lamh, etc., ach nach cil an seadli fbein aig na briathran sin.
^ An ti a dh'iarras mi <^\i moch," etc. " Am faillean nach lub thu, etc.," ach an toiseach faodaidh tu a
ihniomh.
An neacb sin nach 'oil ach ua f hear-aidmheil amhain a chuireadli an Jatbu samhraidh mar an ti 'sin a
bha ni's trice an tigh a choimhearsnaich na 'na thi^h fhein — a ni gearan nach cluinn c teagasg — chual e tuill-
sadh sa' choir gu dhiteadh o*n cheud earail, etc. I* huair e dcuchainuean 'na cbrannchur 's ciod an drughadh
ft rinn iad air—cha d'rinn focal no freasdal Dhia drughadh air a chridhe. Labhraidh e mu eaglaisean, cuiridb
Q anas air eaglais shonraichte agus ditidh e a h-uile aidmheil cilo. Thugadh e 'n lamh— dheas da aidmheil
138
APPENDIX-
f hein ach nach coma sin eaau a bhi deaDanih uaill a aidmheil 'nuair a tha e gua bhuannachd fhaoimmi 'a e sa
luhadadh. Eiadidh ta le tuillidh foighidinn ris a* chladhaire a' labhairt inu *n arraailt o na theicli e.
4. Am firoan fhein tha feamach air rabhadh — a chaismeachd a dhtiisg na h-oighean amaideaeh 'a i chli^g
na h-oighean glice.
'Hiagadh gach aon fanear an cunnart sam bhdl e o'n bhiis — *s gach mnleochd a th*aig Kkgh nan uamhas,
■etc. An oam£u;hd i^os a th*aig an aile aig a ghrein 's aig a ghealaich.
Cha ne 'n cionta idir gun robh an duine saibhir ach gun d^rinn e Dhia do shaibhreas.
Ath-cheannaicheamaid an aimair, etc. Cha-n^eil ach h aon air ainmeachadh a rinu aithreachas cridie
agus is e sin an gaduiche, etc. Cha robh an cothrom aige san a th*againne, cha chual e *n soisgeUl air a char
^n ceill gus an do shoarmonaich crann — ceusaidh Ohriosd dha losa agus esan air a cheusadh.
(Signed) Daniel Macphie, Moderator.
Donald Macdokald, Clerk.
PoRT-E<XEN, January 25, 1859.
Referred to in my deposition of this date in the Kildalton case.
(Signed) Donald*Macdona^j>, Pretf 'Clk.
Jamrs Dewak, Modr.
Jamrs Dewar, Clerk P.T.
That the above is a full and correct copy of the Sermons preached by the Kcvd. Angus Madatyre, Pre-
sentee to the Church and Parish of Kildalton, on the 1st, 8th, and 10th days of August last, 1858 years, at
enjoined upon him by the appointment of Presbytery, is attested by me at Kilmeny, Islay, this 9th day of May,
1859 years.
(Signed) Donald Macdonald, Pres. Clk.
* Extracted from the Records of the Presbytery of Islay and Jura, on this and the forty-eig^t pieoedini^
pages, this ninth day of May, eighteen hundred and fifty-nine years, at the Manse of Kilmeny, lalay, by
(Signed) Donald Macdonald, Clerk of Pieabytery.
«LABCiow : PAi: no bt thovas mcbeat An aoji, pabit4HWtaht boas.
May 16, 1859.
PRINT FOB OBJECTORS
TS ASTEIlL fob
BBV. ANGUS MACINTYBB
AGAINST
Jftdqmtm of Otf Presbytery o/ltHay tmd Jura.
Wm. Masoet, S.&C., Agmt.
PRINT FOR OBJECTORS
IN APPEAL FOB
BxvsBXND ANGUS MAGIinniE, Fresentee to the Parish
of Kildalton,
AGAINST
JUDGMENT of the Prssbttebt of Islay and Jura.
T. ConrABLB, Queen's Printer,
Appoiiitad bf Her M^ee^.
(15)
REPORTS by the COMMITTEE of PRESBYTERY appointed
to analyse the Call in Favour of Mr. MIntyre.
1.
At the Parochial SchooUHotise ofKildaUon, Port-Ellen,
the 23d day of February 1859 ;
Which day and place the Presbytery of Islay and Jnra
being met and constituted : — Sederunt, — Rev. James
Dewar, of Oa, moderator; James Dewar, of Ealcho-
man ; Lachlan Mackenzie^ Jura and Colonsay ; Daniel
MacPhie, Portnahaven ; Donald M^Donald^ Kilmeny,
Pres. Clk., ministers ; and William Webfiter, Esq.,
Daill, elder.
Inier alia, — ^The Committee appointed to analyse the Call, re-
ported that thirteen signed it in presence of the Presbytery, six
of whom are communicants, and two of whom signed by mark.
That twenty-one signed in presence of the session-clerk, of whom
none are communicants, and of whom eleven signed by mark.
With reference to names adhibited to it, in virtue of headings
bearing to be mandates, the Committee on examining them, after
repeated meetings (meetings attended at very great inconvenience
to the members of the Committee), find themselves unable to come
to a satisfactory finding, and they are of opinion that the difficul- 1
ties cannot be satisfactorily solved till parties are examined. They
also reported that various parties, whose names are adhibited to
papers purporting to be mandates, voluntarily compeared, request-
ing the Committee to withdraw their names, assigning what to the 1
Committee seemed satisfactory reasons for making such request j
(Signed) Donald MagdonalD; |
Convener. I
II.
At Port'Ellen, March 10, 1859, at 10 a.m.;
The Committee formerly appointed to analyse the Call met
here, in terms of the Presbytery's instructions. Present, — ^Eev.
3
Donald M'Donald, Presbytery clerk, convener ; Eev. Jame
Dewar, Kilchoman ; and Rev. Lachlan M^Kenzie^ Jura and
Colonsay.
In the interim report, already given in, it was stated that the
call in fiivour of Mr. Mlntyre was signed on the day of moderat-
ing in the call by 13 individuals — ^that two of these signed by
marks, and that 6 of them were communicants, — ^that, when in
possession of the session-clerk, 21 signed, of whom none were com-
municants, and that of these 11 signed by marks. Thus far
your Committee found matters plain and easy. But in addi-
tion to the signatures above referred to, there were adhibited to
the call names of individuals on behalf of whom the right was
claimed in virtue of writings, bearing to be mandates granted
by them to Mr. Duncan M'Cuaig, inn-keeper. Port Ellen ; Mr.
Archibald M'Arthur, said Mr. Duncan M'Cuaig's barman at
Steamboat Tavern, and general servant ; and Mr. Donald
M'Intyre, residing at Port-Ellen. Before proceeding to explain
the difficulties which your Committee have experienced in scru-
tinizing these documents, they state their contents simply as when
laid before the Presbytery, viz., to No. 1, Duncan M'Cuaig, man-
datory, there are 4A names appended. Of these 33 signed by
marks, and 11 signed their own names, as attested by Archibald
M'Arthur of the Steamboat Tavern, who stated that they signed
there.
To Mandate No. 2, in favour of Archibald M ^Arthur, containing
140 signatures, of which 78 signed their names in full, and 62 by
marks. The signatures are attested by the mandatory himself,
by Sarah Shaw, John M^Intyre, and John McDonald.
To mandate No. 3, in favour of Donald Mlntyre, there are ad-
hibited 12 signatures, all written in fiill, and attested by John
M^Intyre and A. MacN.
To mandate No. 4, in favour of the said Donald M^Intyre, are
adhibited 4 signatures, all apparently written in the same hand,
but not attested.
To mandate No. 5, in favour of said Donald M^Intyre, 7 names
are appended, 2 apparently written in the same hand, and 5 more
in the same hand, but diflferent from the first, two attested by
mandatory.
To mandate No. 6, in favour of said Donald Mlntyre, are ad-
hibited 31 signatures, 5 of these apparently in the same hand,
3 ditto, 20 ditto, attested by Duncan MTie, Donald MTadyen,
and the mandatory.
138
APPENDIX.
f heia ach nach coma sin eaau a bhi deaDanik uaill a aidmheil 'nuair a tha e guQ bhuannachd f haoti
luhasladh. Eisdidh ta le tuillidh foighidinn ris a^ chladhaire a* labhairt ina 'n arraailt o na theich •
4. Am firean f hein tha feiimach air rabbadh — a chaismeachd a dhiiisg na h-oigbean amaideacl
iia h-oigbean glicc.
'Hiagadh gach aon fanoar an ciinuart sam bheil e o'n bhiis — gach iiinlcachd a th'aig Kkgb m
etc. An cumbachd sgrios a th*aig an aile aig a gbrein 's aig a ghealaich.
Cha ne 'n cionta idir eun robb an daine saibhir ach gun d'rinn e Dhia do shaibhroas.
Ath-cheannaichcamaid an aunsir, etc. Cha-n^eil ach h aon air ainmeachadh a rinu aithroM
agus is c sin an gaduiche, etc. Cha robh an cothrom aige san a th^againne, cha chual e ^n soisgeill
ceill gus an do shoarmonaich crann — ccnsaidh Ohriosd dha losa agus csan air a chcusadh.
(Signed) Daniel Macphie, Mi
Port-Ellen, January 26, 1859.
Donald Macdokald,
Referred to in my deposition of this date in the Kildalton case.
(Signed) Donald*Macdona^j>, P
James Dewar, Modr.
James Dewar, Clerk P.
That the above is a fall and correct copy of the Sermons preached by the llevd. Angus Macii
sentee to the Church and Parish of Kildalton, on the 1st, 8th, and 10th days of August last, 185^
•enjoined upon him by the appointment of Presbytery, is attested by me at Kilmeny , Isuky, this 9th d
1859 years.
(Signed) Donald Macdonald, I
* Extracted from the Records of the Presbytery of Islay and Jura, on this and the forty-eiffht
pages, this ninth day of May, eighteen hundred and fifty-nine years, at the Manse of Kilmeny, Jbh
(Signed) Donald Macdonald, Clerk of Pre
4)LAf}G0W : PKi: T£D BT TB0VA^i MVERAT AKD BON, PABUASBNTART BOAS.
May 16, 1859.
PBINT FOB OBJECTORS
m APPEAL FOB
BBV. ANGUS MACINTYBB
AGAINST
^vdgnunt o/tkf Presbytery ofl^ay tmd Jura.
Wk. Mascw, 8.S.C., Agent.
PRINT FOR OBJECTORS
IN APPEAL FOB
:RiyxBKND ANGUS MAGINTYRE, Presentee to the Parish
of Kildalton,
AOAINST
JUDGMENT of the Prbsbttbrt of Islay and Jura.
^- ComrABLB, Queen's Printer,
App^nted bf Her Miyea^.
(15)
4
To mandate No. 7, in favour of said Donald Mlntyre, are ap-
pended 13 signatures, a number of them apparently in the same
hand, attested by Donald Mlntyre, mandatory, and James
Cameron.
To mandate No. 8, in fiivour of Duncan M^Cuaig, are appended
35 names, 9 of these written in full, and 26 by marks, attested
by the mandatory, and by Archibald M'Arthur.
* The Committee have further to report that various parties
voluntarily compeared before them, requesting their names to be
withdrawn from the call or mandates, for reasons which the Com-
mittee have not time to state, as the time for the meeting of
Presbytery is now come, but which, along with other difficulties^
they will lay before the Presbytery with the least possible delay,
when required.
(Signed) Donald Maodonald,
CmvefMT.
The Conmiittee have to report that they are satisfied that the
word ' independent,' after the name of Duncan Mlntyre, the third
name on the right hand side of the Call, was written per incuriam
by the Moderator on the day the CaU was moderated in, and they
report the said Duncan Mlntyre has declared himself in their
presence to be an adherent of the Established Church.
(Signed) A. MaoDonald,
III.
At Part^EOm, the 2M of March, 1859 ;
On whi e h day the Committee appointed to analyse the Call met|
terms of the Presbyterjr's injunction. Present, — ^The Rev.
Lachlan M^Kenzie, Rev. James Dewar, ELilchoman^ the Rev, 00-
n^d M'Donald, convener, also the Moderator, and Rev. Mr.
MThie.
They report as follows : —
In the second report given in to the Presbytery, your Commit-
tee stated that their difficulties commencing with the examination
of documents purporting to be mandates given by certain parties
to Mr. Duncan M'Cuaig, innkeeper, Port-Ellen ; Archibald
5
M^Arthnr^ acting as bannan for said Duncan M^Guaig in the
Steamboat Tavern ; and Donald MMntyre, residing at Port-Ellen ;
and your Committee are now to submit the result of their inves-
tigations with reference to said documents, as far as they have
been able to investigate them.
Your Committee are at a loss how to designate the documents
referred to. They are not, in the proper sense of the word imn-
dates. A mandate your Committee consider to be authority given
by one in the enjoyment of a privilege, but not in circumstences
to exercise that privilege in person, to another person to act for
him or her, and that authority accompanied with a request so to
act. Such the documents referred to are not ; neither are they
attested in a way and manner in which mandates ought to be
attested. They seem to be, and are allowed to have been, written
out by the individuals in whose favour they bear to have been
granted, and these persons, or some of them, canvassed for man-
dants aiffcer they had got the headings written out. Another
objection your Committee would point out, and it is this, that
parties' names were put down either by full subscription or
mark, while said parties never heard a mandate read, nor heard
the presentee preach. Howsoever disagreeable it may be to
make these statements, the Committee consider it their duty to
do so.
With reference to the mandate No. 1, in favour of Mr. Duncan
M'Cuaig, the heading seems to have been written out first by
Archibald M^Arthur, who attests as witness the signatures, and
who, as he stated to the Committee at a former meeting, then
went round for signatures. There are adhibited the names of
five persons, viz., Thomas McDonald, Donald McDonald, Jessie
McDonald, Ann McDonald, and Margaret McDonald, who are not
parishioners, and Neil Darroch, who is said to belong to the
Free Church.
With reference to mandate No. 2, bearing to be in favour of
Archibald M 'Arthur, your Committee have to report that they
have gone over that document with great labour and care, and
that, even with the assistance of the mandatory and elders, and
others who ought to be well acquainted with the parish, they
have had the utmost difficulty in ascertaining who some of the
parties, whose names appear there, are, and where they reside.
The mandatory, as we are given to understand, is an adherent of
the Free Church, and his own name is not appended to the Call.
B
6
The document has 141 names adhibited. Among these
are the names of not more than 14, if so many, who, on re
to the roll of communicants, are found to be members of tl
gregation.
The following parties, viz., John Mlnnes, Archibald
Samuel M'Farlan, William Gilchrist, Godfrey Livingston, I
Clark, Angus M'Innes, Duncan M'Arthur, and Duncan Cai
are said to be adherents of the Free Church. The fol
parties, viz., Mary M'Intyre and Emily M^Intyre, are ad]
of the Free Church ; and the signature of one of them, w-
attested in its genuineness by John M In tyre, is declared
sister, Mrs. Bell, not to have been in the island when he:
was adhibited.
The designations and places of residence of the following j
viz., Angus Brown, Donald Campbell, Ann Campbell, Mj
Currie, l3ugald Carmichael, Alexander Mlntyre, John W.
Archd. Lindsay, Mary Campbell, and James M'Kerrel,
require to be correctly ascertained. Henry M'Cuaig an
M'Donald are said not to be parishioners, at least the forn
Your Committee cannot state whether or not Duncan
signing the mandate, be the same that signed the Call
church.
The Committee would suggest to the Presbytery the pr<
of ascertaining the ages of the following parties, viz., M
M^Intvre, Margaret Logan, Donald M^Kerrell, and I
M^Kay.
With reference to the mandates, Nos. 3, 4, 5, 6, and 7, 1
to be in favour of Donald M^Intyre, your Committee have 1
that difficulties of various kinds have met them in the ex
tion of these documents ; as, for example, from the erasi
No8. 6 and 7, it looks as if the names of the mandants w<
down anticipatively ; a number of names are put down
same hand ; the mandatory is often himself the attesting v
He has declared that certain names adhibited to some o
mandates are in his own handwriting, which declarati<
Committee, on comparing tliese witli his signature wril
their presence, have a difficulty in admitting.
Mrs. McAllister, Maolbhuy, and lier two daughters, Ma
Margaret, declare in Avriting, given under their handi
Donald M'Intyre had no authority from them to adhib
names. Alexander Weir also declares that he is a Free C
7
at he never heard the presentee preach, that he never
landate or call read, and that he! never signed.
Committee, with reference to parties appearing and
their names to be withdrawn from the Call, have to state
;er Reid and Peter Clark gave as their reasons, that they
heard the presentee preach, that there was nothing but
•n the paper which they signed, and that they were pressed
id. M'Arthur to sign when they were drinking in Duncan
fs. Archd. M*Kay assigned as his reason, that he had
vhen he had been drinking. Angus M^Quarrie gave a
reason. Duncan M*Kay stated that he does not belong
Istablished Church. Duncan Logan stated that he had
eard the presentee preach nor the Call read. The other
who, besides the above, requested their names to be with-
ire Alexander Cameron, William M'Cuaig, John M'Innes,
Sinclair, Mary Sinclair, his daughter, and Mary Sinclair,
, and Robert Campbell, Archibald M'Intyre, and Ronald
l\, whose names are adhibited to Donald M'Intyre's man-
re said to be under age. With regard to the exact number
iiunicants whose names are adhibited to the mandates as
, your Committee, in concluding their report, leave that
^teniiined by the Presbytery if deemed necessary.
(Signed) Donald Macdonald, Convener.
STABLE, .
inted by Her
(19)
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Mai/ 16, 1859.
PETITION
OF
ELDERS, COMMUNICANTS, AND SITTERS
IN PARISH CHURCH OF KELDALTON,
n support of Judgment of Prai>ytery Iday and Jura,
AOAIN8T
SETTLEMENT OF REV. ANGUS M'INTYRE
as Minister of Parish of KiiddUon.
UNTO THE VENERABIJI THE
GENERAL ASSEMBLY OF THE CHURCH OP SCOTLAND,
THE
HUMBLE PETITION
OF THE UNDERSIGNED
ELDERS, COMMUNICANTS, and SITTERS in the Parish
Church of Kildalton, in the Island of iBlay, and County of
Argyle ;
Sheioethy
THAT the Reverend Archibald M'Tavish, minister of the
Church and Parish of Kildalton, died in the month of
April 1858 ; and, in the month of June following, a presentation
to the vacant charge was issued in favour of the Reverend Angus
Mlntyre, minister of Kinlochspelvie, in the Island of Mull.
That the presentee preached his trial discourses, in accordance
with the appointment of the Presbytery of Islay and Jura, on
Sunday 1st, Sunday 8th, and Tuesday the 10th days of August
T. CoiiSTABLB, Queen's Printer,
Appointed by Her Majesty.
(19)
2
last ; and the petitioners were prepared to give him a fei
impartial hearings and also^ if satisfied with his ministrat:
cordial and hearfy welcome as their minister. Their exp€
of his gifts and qualities, however, produced the sincere com
on their minds, that he is not qualified to exercise the fur
of the ministry to their spiritual welfare and edification.
That the congregation who worship in the Parish Chii
Kildalton, is composed partly of persons who understand or
Gaelic language, and partly of persons who understand on
English language, and some members of the congregation i
stand both. The practice, hitherto, has been to condu<
services in Gaelic in the forenoon, and in English in the afte
The average attendance at the forenoon service is 150, and
afternoon service, about 60.
That your petitioners, who form the large majority of th
gregation, both Gaelic and English, and who have ren
faithful in their attachment to the Church of Scotland, a
cidedly opposed to the settlement of Mr. M'Intyre as
minister, believing, as they conscientiously do, that they (
l)C benefited by his ministrations.
That your petitioners are satisfied that the judgment
Presbytery of Islay and Jura, upon the objections stated 1
l)resentee's settlement, is well founded in fact; and the
assure your Venerable Assembly, that that judgment has pre
throughout the congregation a deep and lively feeling of
faction and gratitude.
Wherefore the petitioners respectfully but earnestly pray,
inay please the Venerable the General Assembly
Church of Scotland to affirm thejudgmoit of the Pre
of Islay and Jura, sustaining the objections to the
ment of the Reverend Angus M^Intyre as minister
Church and Parish of Kildalton, and finding tha
not a qualified and suitable person for the functiom
ministry in thai parish, and ought not to be settle
same.
And your petitioners, as in duty hound, will ever pray.
(Signed) Allan M'Dougall, elder of the Church at Kildalto:
Malcolm Sinclair, elder, do.
C. Donald Campbell, Kentour, farmer.
3
03
S3
gned) G. Alex. Campbell, Kintour, farmer.
G. Golin Gampbell, do. do.
G. Archibald Campbell, do. do.
Elizabeth M'Ewen, Troudenish. Her H mark.
EmUy Cameron, do. Her H mark.
Duncan Carmichael, do. His H mark^
Catherine M'Dougall, Kintonr. Her H mark.
Catherine Campbell, do. Her M mark. , _ „
C. Ann Campbell, do. ' §'<^
C. Ann Campbell, do. Q o
Charles M^Kenzie, Ardimersay. ^
Alex. M'Kay, do. ^
C. Ann M'Dougald, Kintonr. ^•
William Campbell, do. J
Peter Brown, do. *f |
Mary M'Fadyen, Ardmore. HerH mark.*)
Jean M'Donald, do. Her M mark. >
Jane M'Dongall, do. Her H mark.) an
Ann M'Fadyen, Tallant. |;|
John MTadyen, do. ; 00
Duncan Blair, Landly. Q
John M*Fadyen, Tallant.
Colin M'Eachem.
Mrs. M'Eachem. HerH mark, (Sd.) Colin Hay, witness.
Gilbert M'Eachern.
C. Isabella Campbell, Eantour.
"William Reid, Ardimersay.
C. John McAllister, Ardbeg.
G. Mrs. McAllister, do. Her X mark. Colin Hay,
witness.
Margaret McAllister, Ardbeg.
Mary McAllister, do.
Duncan McAllister, do.
Golin Hay, distiller, do., and fitrmer, Callumkill.
Janet G. Hay, Callumkill.
Catherine M'Guaig. Her H mark. Peter McDougall,
w^ness.
Margaret McArthur.
Janet M'Arthur.
Margaret McArthur.
Mary M'Quilkin.
4
(Signed) Janet Campbell.
C. John M'Dougall.
Mal'^- M. M'Millan.
Mary M'Dougall.
C. Hugh M'Eachem.
0. Niel Logan. His H mark. William Campbell, toitnesi.
C. Mary Logan or M'MiUan. Her M mark.
(Sd.) Peter M'Dougall, toitmss.
Lachlan Cameron.
C. John M'Dougall. His M mark. ) Arehd. M'Dougsdl,
C. Moray M'Dermaid. Her M mark.) toitness.
Archibald M'Dougall, shipmaster.
Margret M'Arthur. Her M mark.
(Sd.) James Robertson, witness.
Margart Smith.
Catherine Smith.
Ronald M'Fadyen. His H mark.
(Sd.) Peter M'Dougall, witness.
Betsy M'Nabb.
Duncan M'Nabb.
C. Niel M'Gibbon. His H mark. 1 WfflimmM'Ma-
C, Anne M'Gibbon or M'Lean Her M mark, j ^>
Duncan M'Cuieg. His M mark.
(Sd.) James Robertson, witness.
Malcolm M'Cuaig.
Finlay Smith, shipmaster.
Betty M'Cuaig.
James Kelly.
Peter Carmichall. His M mark. James Robertson, wit.
George Bowie.
James Torrey. His W mark.
(Signed) William Campbell, witness.
Floray Carmichal. Her M mark.
(Signed) James Robertson, toitness.
Margret Torrie or M'Kay. Her ^ mark.
(Signed) William Campbell, tu&ness.
C. Donald M'Gown, cartwright.
Stewart M'Cuaig. His ^ mark. ) (Signed) William
Jessie M'Cuaig. Her ><j mark. J Campbell, ivitness.
Eliza M'Cuaig.
William M'Cuaig.
5
(Signed) BeU M'Ouaig.
Dugald M'Guaig.
G. Gathrine Gameron or M*DongaId. Her ^ mark.
(Signed) Peter M'DofDgall, witnea,
William Gampbell, G.M., surgeon.
G. Lucy M'DougalL
G. Susan Shaw or M'Niven.
G. John Shaw, Glenaigdale.
G. Margeat Shaw, do.
Janet Shaw, do.
G. Peter Reid, Lotts.
G. James Jackson, Lots. His ^ mark. ^ (Signed) Peter
James Jackson, jun. MacDougall,
John Jackson. His ^ mark. J to&neas.
Easter Jackson.
Thomas Jackson.
G. Easter Hardie or Jackson. >
Alexander Sinclair, Glenmachrie.
G. John Sinclair, do.
G. Mary M'Guaig, do.
Alexander Fraser, Port Ellen.
G. Jean Shaw, do.
William M'Guaig, wright, Pt. BUen.
Donald Murdoch, TorridaJe. '
Robert Martain, Pt. Ellen.
Ronald Johnston. His H mark. Pt. EUen,
(Signed) W. GampbeU, to&neas.
John Kerr, Port Ellen Distillery.
John M'Gibbon. His X mark. (Signed) J. Kerr, tvUness.
Donald Kerr, slater.
Alexander M'Dougall. His M mark. ) (Sd.) W. Gamp.
John M'Ewen. His H mark. J bell, witness.
WiUiam M'Millian.
John M'Millan, Laphroaig.
G. Archd. Johnstone, do.
C. Mary Johnstone, do.
G. Elizabeth J. Graham, Ardenisdale.
. James Hutson, Swinry.
Elizabeth M'Arthur, Ardenistle.
Margaret M'Fadyean, do.
Dugald MTaggart, do.
B
6
(Signed) Dagald Garmichael.
Mrs. Jean Campbell or M'Kay.
Donald Garmichael, Ft. Ellen. His H mark,
James Garmichael.
Ann Garmichael. Her H mark.
C. Hugh M'DougaU, Ft. Ellen.
Anne M'Kerrell, do.
George M^Kerrell, Post-Office, Port Ellen.
I
(Signed) W.
Campbell,
untnesa.
do.
do.
do.l
do.
do.
do.
do.
(8d.)W.Campbell,
witness for the
above number.
Lachlan Kennedy,
John Campbell,
Margrat Kennedy, Port-Ellen.
C. Ann Calder, do.
William Calder, do.
Neil McMillan. His M mark,
Angns McMillan. His M mark,
Jannet McMillan. Her H mark,
Mary Johnston. Her H mark,
Archibald Kerr. His H mark,
Cathrine M'Nab, Port-EUen.
John M'Nab, do.
Mary M'Nab. Her M mark, do.
Duncan M^Nab. His M mark, do.
Widow Anne M^Dougall or Smyth. Her M
mark, Port-Ellen.
Isabella Torrie. Her M mark.
Angus MThie.
Mary M'Arthur.
Isabella MThie.
Donald M'Kay.
Donald M'Fie.
A. Donald, Port Ellen.
Jannet Levinston, do. Her ^ mark. ) (Sd.)Peter Mac-
Mary Livingston, do. Her ^ mark, j dougall, witness.
John Johnston, Port Ellen.
Catherine Johnston, do. Her ^ mark. | (Sd.) W. Cam-
Ronald Johnston, do. His ^ mark. > bell, CK,
Mrs. Johnston, do. Her >^ mark, j witness.
Catherine M'Fee,or M'Kabb, Port Ellen. Her (xj mark.
(Signed) Peter Macdougall, witness.
Duncan M'Nab, jun., Port Ellen.
C. Marrion M'Kay, do. Her M mark.
(Signed) Peter M 'Dougall, witness.
His H mark.
(Sd.) Peter
M'DougaU,
witness.
(Sd.) W. CampbeU,
witness to the
above six.
7
aed) G. Janet M. M'Dougall, Port^Ellen.
James Livingstone, do.
Martha Jamieson, do. '
C. Mary MTaggart, do.
Allan M^ougall, junr., do.
Jas. Calder, do.
Neil Praser, do.
John Calder, do.
Margret Oalder, do.
Dugald M'Kerrell, do.
Mary Johnston, do.
C. Mary MTavish, do.
C. Anne M'Tavish, do.
Duncan Carrie, Lagavolin.
Gilbert M'Fayden, do.
Mel M'Lellan, do.
James Morrison, do.
John M'Eachem, Craignagore.
Mary M^Eachem, do.
0. Lilly M'Millan, Lagavnlin. Her ^ mark.
(Signed) Gilbert M'Fayden, w&ness,
Mirren M'Millan, Lagavnlin. Her ^ mark.
(Signed) Duncan McMillan, toUness.
G. Anne MXellan, Lagavnlin. Her ^ mark.
(Signed) Ann Jamieson, w&neaa.
Mary Morrison, Lagavnlin. Her H mark.
(Signed) Gilbert MTadyen, vnttiess.
Elizabeth Woodrow, do. Her M mark.
(Signed) John Jamieson, w&ness.
Gatherian M'Millan, do.
Bella M'Lellan, do.
Margret Morrison, do.
Eleanor M'Lellan, do.
Jean M'Millan, do.
Samuel M^Uan, do.
Euphomia Kennedy, do.
G. Donald Garmichael, Sumaig,
John Smith Lagavtilin.
G. James M^ugish, Graignagorrie. His H mark.
(Signed) William M'Millan, t&^^ness.
8
(Signed) Godfrey Livingston, Lagavulin. His M mark,
(Signed) William McMillan, witness.
Dmican Carmichael, Sumaig.
Hugh Carmichael, do.
Alexander Jamieson, do.
John Jamieson, do.
Archd. McMillan, Lagavulin.
WiUiam McMillan, Clerk, do.
Agnes Harriet Gordon, Lagavulin.
C. William Taylor, Lagavulin.
James Morrison, Lagavulin. His M mark.
(Signed) William McMillan, witness.
Donald McMillan, do.
Duncan Woodrow, do.
John Campbell, Lagavulin.
Mary Livingston, Craignagorie. Her M mark.
(Signed) William McMillan, witness.
Elizabeth Livingston, do. Her M mark.
(Signed) Wm. McMillan, witness.
David Livingston, do.
Angus M^Caflfre, Auchanacaman.
Bella M^Caffre, do.
Finlay M'CaflFre, do.
C. Angus M'Murdoch, Torridale.
C. Mrs. Murdoch, do. Her H Mark.
(Signed) William McMillan, witness.
C. Bella Murdoch, do.
John M'Dougald, Brachonasary.
Jenat M^Dougald, do.
C. Alexander M'Dougall, Kilbride.
C. Mary M^DougaU, do.
Marion M'Dougall, do.
Flora Sinclair, do.
C. Bond. M'Dougall, do.
C. Mary M^Dou^Jl, do.
Sally Cameron, do.
C. Colin M'Dougall, Ballynaughton.
C. Marrion Campbell, do.
Collin M^Dou^all, do.
Konald M^Dougall, do.
Donald M^Dougall, do.
Ann M'Farlan, do.
9
(Signed) Alexander MTPagart, Ballynanghton.
Malcolm Mure, do. ^
Margret M^Caffre.
Andrew Hunter, Laphrvaig.
Anne Eliza Hunter, do,
Thomas Crawford, do.
Duncan M^Duffie, do.
Isabella MTaggart, Ardenistle. Her H mark.
(Signed) William McMillan, witness.
Elizabeth Campbell, do. Her M mark.
C. (Signed) William McMillan, witness.
John Darrach, Port-Ellen.
C. Merran M'Dougall, do.
Duguld J ohnstone, distiller, Laphrvaig.
We, the undersigned, Elders of the Church of Scotland in Kil-
dalton, do hereby certify that the subscribers to the foregoing
Petition, numbering two hundred cmd thirty-seven, of whom fifty-
seven are communicants, and the remainder are adult sitters, are
all parishioners of Kildalton, and belong to the congregation of
said church ; and we do further certify that they, with the ob-
jectors to the settlement of the Eev. Angus M^Intjrre, form the
great majority of the regular attendants on divine worship at
said church. Given under our hands at Port-Ellen, parish of
Kildalton, and county of Argyle, this thirteenth day of May,
one thousand eight hundred and fifty-nine years.
(Signed) Allan M'Dougall, Elder.
Donald Jamieson, £Mer.
Arohd. Campbell, Elder.
C
i
i
i
REPORT
CO^IMITTEE OF THE GENERAL ASSEMBLT
OF THE CEURCH OF SCOTLAND
OOmSH PEESBYTERIANS IN THE COLONIES,
THK BEV. Dii FOWLKK, CONVBlTiKH*
MAY lSfi9i
VfifSTVU DT U. WALKER & CO.
A««embijf to aUaw him to pradu
strictly tem^
dliere to his
bcsijeehcs the present
mcuti> and lestiniornal* as
to Ihe conrcctness of his depoctraent for the k^t live ^ears^
Thai your Petitioner humbly craves th,- Asm mbty to take th««tt
l^iHiiyftUt cowfldewtion, and to adopt such steps for hisre-
-ration to the gtotus » Pro^»lioin?r. as in th^ wisdom tfac^
GET
MMITTEE OF THE GENERAL ASSEMBLY
OF XEE CHUBCE OF SCQTliANJ)
IJSH PRESBYTERIANS IN WM COLONIES.
B¥ M, WALK KB ^ CO.
le said 8^
to conside r
niteoii
ilhere to
ry ivd^Fhes the pn
biy tg allow him to produce documents and testiinonia,
correctoe^iti of \m deportment for the hht Hve jearss.
Thut vour Fetfdoner baisjbly s^ave^ the As^i rnhly to titke tJi^ie
ggjypto €0|pderftt|MMHl adopt i>uch steps ior k%
ion to the status ci^ff?5oitioiipr, m in their windom
meet
BRITISH AMERICA.
Canada. — All the Missionaries— in numl>er four— sciitto
the Presbytery of Montreal in 1857-8 have now been CafSed
to fixed charges, though many still look to the Coirimittet
for pecuniary aid. To one of the congregatiohd,' re-
organised in consefjuence of the arrival of these ' Mit-
sionaries, the Committee have granted aid to the atnoiint
of L.50 per annum. To the congregation of Pilfer-
borough, Toronto, L.50 have also been voted to aid 'them
in paying Ministers' stipends, while assistance has teen
given to the Church of Beauhamois. The Preiiytery
of Quebec has obtained the services of the llev!'A.
Forbes, late of New Brunswick, and received from the
Committee three Building Grants in aid of the Phur^es
of Windsor, Brompton Gore, and Point Levi-->the con-
dition on which all such grants are paid being, that the
Committee are satfsiied that the cfaurdies are necessar/ to
meet the wants of the population ; that the buildings arefln-
alienably attached to the Church of Scotland ; and that alt
debt be defrayed except what will bo liquidated by theCToin-
mittee's grants. The Rev. F. Sicol ha» been appointed to
labour in the Presbytery of London, a.*id is prosecuting the
missionary work there with zeal and success. ThoJ Pres-
bytery of Hamilton has obtained the scr\?ce» of the Rev.
J. Hay and the ll^v. D. Stott, and pecuniary M .'tp, the
congregations of Simco and Si John's, and to tiie^ BiiUding
Fund of the congregation of Paisley.
New Brunswick. — To' this field two Mis»i]9naries'hare
been appointed, while grants harve been made to the amonnt
of L.150 in aid of the congregations of St Luke's and Res-
tigouche. The character and efficiency of our Chtirdi in
this Colony have been reeognised in the following r^plj ^
an address from the Synod of Now Branswick to the
Governor of the Colony : - *
" I as«yre you, Gefitlemen, of niy perfect confidence in the«B-
cerity of your endcnvoiirs te provide for the religious instructjon
of the members of your Church, and to foster amimg Uiemispi'^'
of luyahy to the Crown, and of obedience to ibe law. Itis
earnest prayer that Providence moy Mqs» your exertions.**
6
uiiil n-peateil i1isa}>}K>iiitiniiiits, sit ItMigth olituinctl a \^.vi)^mhi
who is ill the prime of'Iitt*, and willinfr and uble ta attend
to their spirit iml \tnnt?. Affj'r (lisohni*«ing tfu- clutii's oi' a travel^
lin«? Missionary in the Presbytery of Pictoii for a consideraUe
))criod, th(> Kev. James Christie received niid acceptedy. laiit
nutinnn, a unanimous call from thai congregation^ and haa /riiicti
been regularly inducted to that pastoral charge. The large aotf
united Congregatioiw of the West and Middle Rivers of Pictbu
have, after a vacancy of several years, presented a harmonious
call to the Rev. Alex. Mackay, of Belfast, Prince Kdwiird lalaodj
to become their fixed pastor, and as he lias since accepted tbeir
call, his induction is expected to take place early this sumnittrt'
Here, however, as in Mr M'Hae's rase, the removal of the CUsrgy-'
man creates nearly as great a blank io one place as it supplioa in
another. Indeed, fhei-e is great reason to fear that, unlv^-. •
<taelic Afissionary is Sent to that It<land on Mr Mackay*s depar-
ture, our interests amongst the numerous Highlanders in .that
pii|)nlous district will suffer very severely. .. i
AVe are now left with only one Missionary in eaclx of our
Presbyteries — a very insufticient supply for the necessities of owr
peoide in these Provinces. In present circumstances) it is utt^rlbf
impossible for us to attempt any aggressive movement or occupj
any new ground, and we are often compelled to turn a deaf ear to
tli(> earnest entreaties of our attached friends calling for. our
assistance. . .
]Mr Wilson's services in this Presbytery, as you bave learned
from previous communications, are most acceptable, and are
tended with very beneiicial results. He and I officiate regularly
in seven or eight stations around the city, and occasionally in more
remote distrfcts, where we always meet with a most welcome
reception. In our principal station at Musquedobit, the att(eiid-
ance is numerous and increasing, and a new church, capable of
containing about oOO persons, is now in progress of erection. . . •
]Mr Talloch's missionary duties in the Presbytery of Picton:
have become still more urgent and arduous since Mr Christie's ia-
duction at Wallace. Although his inability to preach in the GaeKo
language necessarily limits^and impairs his usefulness, his laboiin
are profitable to the rising generation ; and he is instrumental^ in the
meantime, in keeping together a number of Gaelic CongFegationa,
who would otherwise be left in great destitution. It cannot^
however, be too often reiterated in the hearing of your Committee,
that our large Gaelic Congregations in the eastern parts of this
Province must inevitably remain stationary, and perhaps diminish
and break up altogether, if allowed to remain much longer desti-
tute of fixed pastors.
In our Record of last month, we have a very gratifying account
of ^Ir McLaren's services as your missionary in Prince Edward
Isiland. We believe, says a coiTcspondent of that periodical,
That he has met with certain ditficulties in his Missionary wori^
at which we are not at all surprised, but which, with great tac6
and assiduity, he has mostly overcome. The spirit with whioh he
^
Kast River, Uie cliurch at Gairlocb, which seats 1200 peraoiia. luu
liL'cn lately finished, and churches are in progress df erection at Mns-
quedobity at Barney's River, Maclennan*s Mountain, and, as alread)
mentioned, at St Peter's Road and Little Sands, Prince Edward
Island. It is highly creditable to the inhabitants of these dis-
tricts that their churches have been commenced and completied
with their own resources, that they are not only large and el^inl
buildings, but that they have been opened without the incum*
bi-ance of debt, leaving the funds ofthc congregations unfettered foi
t))c support of the ordinances of religion amongst them. I have
always felt extremely desirous to lessen your expenditure withir
the bounds of ourbynod, fully assured that there are many ptKei
fields of labour opening up for your sympathy and liberality. It bi
therefore, with much pleasure that I am enabled to make known
to you that we have now two Missionary Associations in active
uperation — one in Halifax, and another in Pictou. These institu<
tions have been formed by some of our warmest and most zealool
iriends, and in strict connection with our Church, and I have ni(
doubt that, if encouraged and sustained as we expect, they wii
greatly aid our Home Missionary exertions. " With a promptitude,'
says the Monthly Record^ ^' that docs all concerned much credil
tlic Association of Pictou, in connection with the vacant congrega
tions, has guaranteed a salary of L.200 currency each for twi
CJuclic Missionaries for one year, both natives of the Province, win
arc expected from Canada. Our Assooiation in this city hft
voted L.50 currency for our Missions in the neighbourhood for tb
present year,and'guaranteed a like sum annually, for the n^xt thre
J rears, to the Missionary labours witliin our bounds, A veryoxod;
unt and liberal feeling appears to pervade the minds of oar weabh;
and intelligent citizens in favour of all our public and Missionar
undertakings^ and none have been more successful in drawing ou
the sympawy i^nd libei*ality of our people than some of tUeisealoa
Missionaries you have lately sent to this Province.
This Report is respectfully submitted to your Committee by,
Rev. and Pear Sir,
Yours truly,
JOHN MARTIN,
Supenntendent of Missions
for the Synod of Nova Seoiuif.
To Rev. l>r Fowlrb,
f!2 Qaeen St., Edinburgh.
The efficiency and piety of our Clergymen in this im<
portant Colony have been adverted to in tho mo9t fktOdr-
jible t^rms by the Governor of Nova Sootij^,
Queen's College, Kingston, continues to require liNl
to receive the assistance of the Colonial Comniitteei
Students in Faculty of Arts, . . . . 54
Do. do. Theology . . . 10
Do. do. Medicine, ... 73
Total, . . . .137
Of Htudcnts wlxo Imve declared their intention to enter tl
Cliiircli, the number i* us follows : —
Theological students as above, • . • • 10
Students at present in the Arts, ... 34
To which add —
Now studying in Queen's College School, . . 3
And in the Medical Classes, . . • » 1
Total, . . . . 48
It is gratifying to find that Queen's College is receiving increas
support f?Di» the Lower Provinces, and that the respective 8yno
or' Nova Scotia and New Brunswick are encouraging young irn
within their bounds to complete the Theological studies at fl
Universitj. The number of such on the roll is as follows:^
From ^ova Scotia, 8
New Brunswick, 3
Prince Edward Island, . . . . 1
Total, . . . . 12
of whom all intend to study for the Ministry. Should the propot
scheme be carried out, of embracing the Britisli North Americ
Provinces as a Federal Union under one Colonial Government^
still greater accession to our numbers from these Synods may
anticipated.
The Medical Department in the University is actively sustnim
and each year has witnessi^d an increase in the nuniber (if ytiiden
Aided by a small Government grant, this inijioriant Fiicully c
never be considered self-supporting. It may not lie without inten
to the Colonial Committee to stjite that the Kev. E. M. K|>steiu
now completing his Medical studies in this dc^partment, in order
qualify him for proceeding to the East as the fii-st Foreign M:
sionaryof the Presbyterian Church ol' Canada, in connection wi
the Church of Scot hind. This gentleman is a convert from tl
Jewish faith, and was for some time a licentiate of the Presbyterii
Churcii of the United States, from which btniy he was admitt
into our Church at last Synod. It is proposed that Dr Epste
be sent in a iew months to labour, for the conversion of \
brethren after the fii^sh. as a Medical Missionary.
As a useful auxiliary to the College the Preparatory Schc
maintains its position, and is nearly self- supporting. The number
attendance is forty 'nii^e .oi/ whom nineteen intend to enter collef
Twenty of the present students were prepared for matriculation
the school.
The oflSco of Principar continues to be held by the Ber- i
12
the return of moro proj^pyrous times tiio work w ill l)e ncUvely en-
teixjd upon, and a Inrgn fund is contidcntly anticipated froiix*.tta«
!»o«rcc. ('onfrrojTJUional collections and individual subscriptiowi^
have la<t year plncod at the disposal of the Trustees the Buvn <rf
L.173, U)s M stcrlinfr, including? yo-jr own frrant, 'whicb ban
been of pjiv^at l)cncfit to a large number of our students. Our
jwyments have exceeded the above sum by L. 44, 7s 8d sterling*
The Ladies of St Andrew's Churoh in Tonrnto having set tlm.
pocxl example of niisinp: a fun<l to endow a «p^^eial Bursary. t>tfafln>
are now engafl^ed m similar o.fibrts. that of St Andrew-ii Ghureli/
Kingston, bcMng nearly comphjted.
The tnistecs having last year completed the payments on ac-
count of premises purchased, arc now erecting a comniodinu*
building, c«)ntainirjg much needed additional aecomnirMlation I'or
the stuth.'nts. Those classes, whioli wore overcrowded and un-
healthy in the oM bnihling, will hav? ample space in thc'new, and,
in addition^ the Cullegc will enjoy tlu; advantage of a largo Hall
for Divine service, examinations!, &c., also of a cooil i"oom in which
to arrange tiie nucleus of a musL-um. Tliis expense, however,
could only bo met by reducing the ftimled capital of the Institu-
tion, so that the need of aid is greater than before.
Having thus, at some lengtii, staterl the condition and prospociti
of the College, tlio Trustees would leave its claims to tlic kind
consideration of the Colonial Committee, fully assured of the wanii
interest wliich they ever take in all that concerns the welfare of
thosQ bronchcs of the Chuix'h of Scotland which are spread over
the Colonial dependencies of the British Empire. To some extent
the religious wants of S'rotchmen connected with our Church irj
Canada may bo met by Ministers sent out from homo ; but, were
the supply equal to the demand, many a Scottish pulpit wonlH he
left vacant. Each year adds to the evidence of the past in proving
that our chief reliance must be placed on the rising generation of
this Province, educated in the class-rooms of our own University.
Deeply sensible of this, our Ministers are pressing upon the atten-
tion of their congregations the claims of the College; and are
esjiecially end(;avouring to draw out young men of piety for the
service of the Chnrch. Our Sabbath Schools have this continaaHy
hi^forc them, and are giving proof of increasing usefulness, by lea^
ing not a few to devote themselves to the preaching of the Gospel
Jt must also be kept in view that Canadian Presbyterians cbim
a far higher stand.ird of pidpit qualifications than the circumstabces
which surround them would seem to indicate, and that a pious and
highly-educated Ministry is earnestly sought for, and thoroughly
appreciated. Our congregations arc in great measure compost of
the intelligent peasantry of Scotland, trained in her parish schools,
and accustomed to the services of her Sanctuaries. Planted though
these may be in the backwoods and distant settlements, they are
far from forgetting the value of their former religious priviJc^s.
As rugged nature around them is subdued by the labour of tlicir.
liands, and the forest ground becomes the profliictive farm, flw
common school system of Panada extend* to their children th«
14
best means of maintaining the authority of the Gburdbt
over its Colonial Ministers. That Committee will report
separately to the Assembly ; but^ notwithstanding its
existence, your permanent Committee have unavoidBbly»^
in the discharge of their ordinary duties, been brought
into correspondence regarding the affairs of the Church
there. The first point to which they wish to direct the
attention of the Assembly is the new Clergy Act for
Guiana. The changes proposed to be introduced were
brought under the attention of the Committee by her
Majesty's Secretary for the Colonics in consequence of a
despatch from his Excellency the Governor of British
Guiana, and were regarded by them as in all respects satis-
factory. As this Act is not yet passed, however, it would
be improper, on this occasion, to make any detailed allusion
to its provisions.
This ofiicial communication from his Excellency also eon*
tained the following animadversions on the conduct of the
Scotch Clergy in the Colonies : —
My position would be much strengthened by tli9
exhibition on the part of the General Assembly of the
Church of Scotland of a determination to enforce upon
their ministers the observance of habits of life more iu
unison with their calling. I can speak upon the subject
without reserve, because I know that the General Assembly
have had formally brought before them by members of their
own Church the strifes, neglect of duty, and other irrega*
larities on the part of these ministers which are here the
fertile causes of scandal and reproach. I do not know.
whether the rules of the Church will admit of their Clergy
being coptrQllcd by any other body than the local Presby-f
tprics ; but 1 do know that the authority of the local Pres-
byteries is as nothing for good ; that any attempt which
may be made by one of the bodies to enforce discipline
resolves itself into a personal between some of its members ;
^nd that the minister against whom it may declare itself
cares nothing for its decision. Very possibly he may be the
ipost respectable of all the parties concerned.
This is a state of things forming a fair subject of
Si'niulfil any. of its Miiiistci's may be clmrgoablc witl| in Ih-itisU
Uiiiaim. This the Ueuerul Asssembly has tull ptMve.r ilo, and it
nasunidly will cxercisij its power.
.'^nl. J am directed lurther to convoy to yoii the prpatificji^lon
with which th« iViJsembly's Committoc havo iirarnc(3, tliat jjiorcjasi;d
provision to be made for thu Clergy in British Guifina,^an(^.iti
tletermi nation that this provision shall be enjoyed o!i!j by th*Q«c
who will faithfully supply roligioas ordinances to the meuibiiw of
the Church of Scotland in the Colony, and at tho pame . Xlm^
be exemplary in their own conduct I have the honour to b<.\
Sir, your obedient Servant."
In order to carry out elFectually the important object cnibodietl
in tins letter, I am directed to state. —
I. That in the event of a Cler;5\'raan in British Guiana, or an?
other Colony, being su.sjxinded from his duties by the competent
Church Courts in Scotland for misconduct, it would be dciiirable
that his emoluments be also suspeuded, until he be ix?poiiufl J)y; xfae
saiije Ec<desi:istical authority.
II. That in the eveut of u Clergyman being deposed jfrom the
office of the Ministry by the competent ChurcJi Courts in . Scot-
hind for mi.sconducfc, it would be desirable that he be poruikLneatly
drprlvod of all claim to the emoluments of the cimrge iu which he
was serving.
J i.ose provisions would gixMitly aid the Churcli in iU det^rmiiia-
tif^ii to control its dergy in Biitish Guiana; and secure .t bat .the
Falaries granted by the Coloniid Legislature shall be enjoyed on}/
by t1i(»se who faithfully promote the religions^ and moral wulfcm
of the |>eople committed to their care.
Aiwure<l that you will sympatldse with the important object
which the General Assembly's Committee has in view, let iiio
r-spectfuHy say that any measures which you nmy adopt in order
to accomplish it will be gratifying to the Church of Scotland.
The Colonial Committee beg further to prefer a request tliat
Chui'ch of Scotland Ministers in Ceylon receive the same amount,
of salary as is given to Ministers of the Church of England i a
that Colony. — I have the honour to be, Siu, your most obedient
Hcrvant.
J. C. FOAVLER,
Cifhre'itr of' tue OJoitiul OutmniUe^
A favourable reply having been received to tliis comnM-*
riication, the following letter was addressed to Sir E. Bf^
l,ytton : —
nth M«rch 18^9.
Sin, — I have the honour to acknowledge receipt of your letter of
date 25xh February 1359, and^ in name of the General Assemblja
Colonial Committee, to express our gratification at your compliance
with the request contained in my letter to you of date 3d February
kist.
In reply to your wii^h to be informed " before communicating with
(Answer of Co2^(Mittbe.)
2J April 1850,
Sir, — I h^vc tlie honour to receive your letter of tlie 28ui
March, and also Draft Circular to Governors of Coloniei,'' \n
reference to clergymen of th^ Church of Scotlapd occupyiBf^
Colon ial chargef». ' • ■ '
On the part of the General Assembly's Committee, I have to
express our entire concurrence in everything contained in ^
" Draft Cirpular," as weU as our respectful thanM for the e^Sajpnt
aid which its practical adoption will render to the Cliurch in ft?
pressing the evils ^which it is our most earnest wish to remedy. •
I have ventured, on the part of the Assembly's CommiUee,. to
offer some alterations in the terms of the Draft Circular for jour
consideration. The alterations suggested do not, in the slightest
degree, affect the sense of the sentences to which they refer 5 the
adoption of them, if they meet your approval, will only bring the
phraseology into more harmony with that usually employed in
Church of Scotland.^ — I have, &c.,
J. C. FOWLER,
Convener of Cohnial GlMwMlei.
DowNiNii Strw, Qt?t April' iBi$.
S1R9 — I am directed by Secretary Sir £. B. Lytton to acknowr
ledge the receipt of your letter of the 2d instant, and to a^nf^«^^«;^t
you, for the information of the Colonial Committee of the^hurc^
pf Scotland, that he has addressed a Circular despateh to 'fttc
Governors of Iler Majesty's Colonies in terms of tlie propoMd
Draft, with the alterations suggested by the Committee. i -
I am. Sir, . .
your most obedient sciTantj
HERMAN MERIVALE.
RcT. Dr FowLSR,
CoDTencr of the Colouial Committee.
COPY OF
DRAFT CIRCULAR TO GOVERNORS OF COLONIES.
Sir, — It has been m}' painful duty to communicate to the
General Assembly of the Church of Scotland, through the Cubnial
Committer, some instances of misconduct on the part of Ministers
of that Church in the Colony of British Guiana.
Tlie General Assembly, fully alive to the importance of main*
taining authority and discipline over all its Ministers in Foreign
charges, proposes at its approaching meeting in the month of May
next, to take effectual measures for removing any reproach* <«
scandal with which any of its Ministers in British Guiana may be
chargcnblo. But, in the meantime, the Colonial Cumtuittee of thi
General Assembly bus in\ited the cu-operation of ilcr Maj(»ty'i
(Jovcrnment in repressing the misconduct of Ministers of thi
22
The Committeo feel persuaded that the prcftent position
df th^ Colonial Mission, and the success which, by the
Divine blessing, bas attended their labours, will induce the
General Assembly to give its earnest recommendation to
the different docks under its care to increase their liberality
in carrying on this most important work. Without sucb
increased liberality there can be no alternative but to con-
tract the Committee's operations.
In name and by appointment of Committee, ^
J. C. FOWLEK, LL.D., Convener.
May 18^.
DISCHARGE.
I -Ixpendliure during tbe year ending I5ili AprU 1859.
I. Pajmeuli to Miiiionarief and Catecbigts,—
1. Synod op Canada.
Presbyteriei, —
(I.) Montnal
Rev. James Herald, . L.37 10 0
Rev. J. Paterson, . 109 11 10
Rev. J. Rannie, . . 150 0 0
Rev. J. Moffat. . . 125 0 0
(2.) Hamilton.
Rev. W. MauoD, . L.118 0 0
Rev. John Hay. . . 70 0 0
(3.) Kingiton.
Rev. A. P. MarBhall, .
(4.) TororUo.
Rev. W. R. Row,
(6.) Qlengary.
Rev. Jai. S. Douglas,
(6.) London,
Rev. R. Q. M'Laren, L.150 0
Rev. Chas. Campl^ll, . 46 2
Rev Fras. Nicol, 34 18
3. S>'NQD or Nbw BrI'NSWICK.
Presbvteriei, —
(I) StJohn.
Kev. A. Forbes,
ftev. Peter Keaj,
Rev. J. Ross,
Rev, H. J. M'Lardj,
Rev. D. Stott,
Mr i£neu Maedonald, Cateo!
Cwry forward,
list,
L.422 1 10
188 0 0
150 0 0
47 16 C
50 0 0
231 0 7
I. SvNOD OF Nova ScoTM.
Presbyteries. —
(1.) HaUfax.
Rev. James Wilson, L.136 0 0
Rev. John Martin, Super-
intendent of Missions, 100^ 0 0
(3.) Pidau,
Rev. Jas. Mair, . L.70 0 0
R«T. Jas. Christie, . 87 10 0
Rev. T.Talloch, . 160 0 0
Rev. Dr M'Oillivray,
M'Lennan's Mount, . 60 0 0
Rev. Alex. M'Lean, 24 0 0
(3^) Prinu Ed%i^rd Islaikd,
Rev. Wm. M'Laren, . L.137 10 0
Rev. Andreif Lochhead, 100 0 0
-L.1088 Vi
235 0 0
391 10 0
237 10 0
L.37 10 0
46 15 6
76 0 0
86 14 7
77 16 0
20 0 0
342 15 I
861
342 15 1 1952 1
26
Bronirht forward, L.4963 3
XV. Schemea' OiRce ; Share of Expengti—
1. Of Collector's and Officers' Salaries, L.27 6 8
2. Of Taxes, Coals, Gas, &c., 10 14 3
3. Of Printing, Books, and Stationery, 3 6 3
4. Of Despatching Misiionary Record
to Clergy and others Monthly, 2 11 6
5. Of Postages and lucidents, 4 14
48 0
XVL Printing Annual Report, Notice of Annual Collection,
Circulars, &c., 67 6
XVII. Advertising. 12 15
XVIII. SUtionery, 7 12
XIX. Postages, Parcels, and Incidental Expenscty—
1. Postages, Parcels, &c., incurred in
the General Management of the
Scheme during the past year, L.27 6 6
2. Postages and Circulation of Notice
of Annual Colleotion, . 10 14 6
3. Annuul Allowance to Mr M'Callnm,
Glasgow, for Circulating Notices, &c., 5 0 0
4. Incidental Expenses, . . 3 18 2
46 19
XX. Expenses of Management, —
1. Salary to Secretary and Treasurer
a-year, to 31st December 1858, L.45 0 0
2. Salary to the Clerk to the Com-
mittee a year, to 31st December
1858 20 0 0
3. Allowance to Auditor and Accountant,—
For Auditing, Framing,
and Reporting upon
the Accounts for the
year euding April 15,
1868, . L.13 13 0
Proportion of General
Allowance for Superin-
tending the Fuudp,
Auditing Collecror's
Books, Ac, during
the past yvar, . 2 12 6
16 5 6
' 81 a
Total Expbnditurk, 1868-59, L.5229 0
II. Fundi on lifind at istb AprU 1859.
I. Balance in Bank (British Linen Com-
pany), L.4981 16 7
II. Contribution from ** Lay Association"
for 1858-59 L.206 G 0
L.5183 I
Si m oFTHaDISCIIARGK, L.l0,412 2
SFECIAL REPORT
JLONIAJ, COMJtllXEii
eOiSULAE ACT.
WAY 18tf9.
T*JitJOur Petitioner hmn^
bie stetaa of* a
iXTEBT Of
Rce of the
the Assem-
IIP
B sttch w
trred the
nounciKl:
siid sen*
consider
penitence
■ ^ ■ .
SPECIAL REPORT.
THE CONSULAR ACT;
ELT aftor the rising ^f- Ihe last Oenaral
, tlic Colotna! Committee received a dcHterancc
^iierabLc Body, dated tbe SlstMay, in which they
red to direct thdr attelileh to therdtgiaits wants
terJans in Constant jjiople, or any other foreign
h a view to the establishing uf clitirchcs in these
tmd taking the benefit of the Con^olttr Tbe
extract from the flclivcrance of Assembly will
tie nature of the duty imposed on your Com^
Ljeftninittce would ttnture to suggest that an cjinic^st
fttion should be given lo your Colonial Coram ittet?, in
le deliverances of the General Assemblies of 1S34 and
rn their immediate attention to the wants of Scottish
□ot only in Constantinople, bat in any other placed on
lent of Europe, or Jn ottier foreign eoimt^^ in w^^^^
leeesaity or & desire for the proruiod I^l4l9i&4^^
onnection with oar National Churolu
)ommittee would fifrther gugge^t that ftie tfCf^tton of
U Committee should be especially called to the CoTi-"
al ready refeiTed to, in which it is enacted thnt|
a church is erected orhiredj and a minister appointed
■fornumce of Divint; StTvio^*, acoordrrrg to the riteB of
I of England or of tljv Chvirch of Scotiand, in any
t or pkce to wlu^jh her Majei^ty'tis jiulvjects raay feflorJ^
. they may be resideni, the &ma rius^ed hy voluntary
% in the locality for snch purposes sball he supplemeuted
1 ennOf to be paid out of the TTeaauiy of the Britislf
I being provided that the whole Ftlarj of tbe mii^iilte^j^
mentedii sliall not ejcceed L 500 per annum fit any port
EurofHSi or L.@00 at any other foreign plw{^ or po^'
}ommitt^ are persuaded tlmt tliQ l^eBtf (rf'ISli C$ll^
itglit in the eouwa of a fa«r ycnta b(|t ifbtiPWli iit^^
Assembly to uHoav V»i«^^ ^•♦•^
I
In
« It la
►fthe Pres^
such as
tlie
le Baid sen''
to consider
penitQMt
btrictlv tcin-
hlierc to his
the present
lotiiiiU &!•
Thai
storation to ihA •tot«» «»'
ctain all mj former views as to the gi-eat henL-fit of tlic
e, especiallj to many young Swtcli {>eoi>lo, and as a Christian
ig point to the hundreds and thousands of our countrymen
)untrywomen who annually visit Paris*. At the same time, I
nfirmed in my old opinion that there are no such numbers of
iient Scotch residents here as to c^iU for the Church, mereli/
iV account, instituting and maintaining such a service.
c Assembly have now before them ;i statement of the
edings of the Committee, undertaken in consequence of
elivcrance of 1858. They take leave, liowever, before
If the Assembly resolve to eontiuue thi?ir efforts to
Ibb II cotigfo^liciti in Paris lt)r ^ItHiei^iiiif i^ll tli^
cjl of Scotland, and if these cffurts arc to be carried
migit the Colonial OoinLiittCi it will be necessary to
iueb m alieration mi tb^ tif fe iif tfie roif]mitliN&^
licate the enlarged sjihcre of their f>|'erntioiis, nndalso
plaiQi ill the Annual Appeal fur a cr>llectioD^ the wliolg
a^l^Aeed by the Comtnittce ; oflierrilm^ (^i^j^il
^Y^11 not be made fully uc4|uaintcd with |iie|mtipl#|$
deb ihme contributions urc to be efpplicil» v
It fiiKnnjf mdiE^pcni^ablc thut, if tho Bftssioiir ir to \m
edcd with, a more accessible place of worship be ob-
i, in which Divine Service may be performed at the
hours of worship observed in I'ari!?, The Committee
been repontedl)' asstu^ of the verj great importance
s arrangement to the success of the M ission, and would,
»oW( have selected one of the buildings sug*^ested to
» Ji'f ift inn f0if»0ets suitabfei bud tibt|' mpIvM tf^
no pecuniary liability extemliu^ b^^&a4 ft^^
ng of the General Assembly.
. Aidumliig that iWM "Mi^^m U Id ite prr^g^te^^
lext important steo will bo to obtain the services
»m« infliufotiul gentlcmcu ia Paris to act as a local
aid in bringing it a^^ ^iiGcdity ^$ iitH^fblll mhf &^
fit of the Consular Act,
ic Committee ret^jn^ct fully submit thcic smuggest ions,
^ the oorteciiieiii ^i' lil*!*''*'*'
That your Fetiiioaer hum^
rtoTatioti to tlie itatua idpm
i
'I
(
I
1
t
I
I
fice of the
» of lt|K
ipbe Pres-
^ such as
;rred ^ the
iilcoce
ictly tem-
(iliere tu his
Jic presenl
iniaU
8
although aware that the whole subject of the Paris Misbior
requires the gravest consideration. It may or it may not
be the wish of the Assembly to renew their instructions ol
last year to the Committee : that point is, of course, left tc
the decision of your Venerable House.
In name and by appointment of Committee,
J. C. FOWLEH, LL.D., Conrtngr.
May 1850.
Edmhttrgk : Prinfed hy J. Ikomtom, MUne Square.
■t
10
coDScicntioiuily striving, and earnestly asking their aid, to remcd}'
evils in a great measure caused by their own mismanagement, wouUl
have justified the immediate return of an indignant rejoinder. Ho^
different my spirit was, will appear by my next letter.
In passing, one or two remarks are suggested.
1st. They do not venture to give the sederunt. Let that be noi
published.
2d. They presume to arrogate a right belonging only to a judicf
tory ; and, as an evidence of the danger of trusting a power of tl
sort in such hands, they pronounce a very senous sentence instante
in absence, and in secret conclave.
3d. With somewhat less ignorance) of business than their Coi
vener, they ground (apparently) their judgment upon the only doci
nient which could formally appear on their minute, and that documo:
not containing a sentence to which their language could apply.
4th. When pushed to justify their conduct in their Report to ti
Assembly, they appeal to an expression in my unofficial communic
tion.
IV.
To Simm S. Laurie^ Esq, Secretary of Col. Com,
jBerbice^ Uth AxiguU 1858.
Sir,
I have the honoar to acknowledge your letter commonicatii
the Minute of the Colonial Committee, of date 13th July last In z
spect to the tone and wording of that document, I feel that I ha
serions grounds of complaint. But cordial co-action is so importa]
that I am most anxious, for the present at least, to convince myself tfa
it waa not intended by them to convey that meaning which, aocordii
to the usual construction of formal and official minutets it certain
bears. I wish therefore to pass at once to its substance.
In the last clause, the Members of Committee seem to have h
in their minds the off-sets of the Church of Scotland in British Noi
America and Australia, to which it may probably be soon cxpedic
to give a ecpamte and independent cxiptencc. Herf^ I beg to rcmi
14
bice, even when full, which it rarely can be, consists only of fou
ministers, and that of Demcrara of live ; that their conjonct actioD, ei
|>ecially in the intricate and tedious processes of an ecclesiastical tria
is physically iuiposijiblc ; and that such a tribunal, from which n
appeal is or could be made competent, could not for a single momei
be tolerated. They could not be ignorant that the Home Presbyter
of a minister's license or ordination, onr only present resource, wil
(especially when a country presbytery) find insuperable difficulties i
the very first steps of procedure. My suggestion was^ by an ezprei
enactment, to give jurisdiction to the metropolitan presbytery. The
surely must have given me credit for seeing "the objections, in poii
both of law and convenience, to such an arrangement ; and for fo»
seeing the many chances of a break down in the very first case thi
might be brought up. But two objects would be attained; first, thi
of giring some evidence that the Church felt and desired to remedy
glaring evil ; and, secondly, that of holding out the terror of public
ty in oven an abortive prosecution, to men disposed to tread in tl
steps of their predecessors.
To the reason urged for immediate action additional strength In
been given. What was only my anticipation has become matter •
public and accredited report. The government are understood to 1
prepared, in bringing forward the new clergy ordinance, to propa
the transference of the Presbyterian parishes to the Church of £nj
land. The acceptability of such a proposition may be judged fro
the fact, that in St Saviour s, the parish in the colony most deroti
to our church, one division has been already substantially given ovc
two chapels having been built, and an endowment provided for
curate, and tliat at present money is being collected for the erecti<
of another chapel close to the parish church, and ofiers tendered
contributions from the Estates and respectable inhabitants to make i
a salary until the law permits an endowment. In like manner, s
English curate has been endowed for the upper district of St Clemen
(under Mr Graham, formerly also a strongly presbyterian parish), ai
under great difiiculties an episcopal chapel has been pertinacious
maintained without endowment within a few hundred yards
the parish church. In St James' and St Luke's there are alreai
episcopal establishments ; in St Mary's the congregation is said to i
at the lowest ebb. St Mark's parish, like my own, presents few a
tractions to the sister church ;* but I presume Mr Minnison will ha^
• Hero I find that I am wrong. There are, it secmB, two English ehap<
in St. Mark's. One of them on ground belonging to the Church of Scotland.
IG
upon to exercise the jurissJiction placed iu their lianJs by the consti-
tution of the church. The Rev. Geo. Macculloch, ordained by them
to the chapel of Thornton in 1847, and since transported to thcparisl
of St Saviour in this colony, is charged by arrant report with repeat
cd and aggravated instances of intoxication, sufficient to prove a con
finned habit of intemperance. We are precluded from dealing witl
him here prcsbyterially, because, there being within our bounds m
other ministers of the Church of Scotland but ourselves three ; aoi
no competent appeal from any sentence that might bo pronounced, i
process before us would be an intolerable hardship to him, and, ii
the eyes of the public, inconsistent with a fair dispensation of justice
We are equally prevented by distance from formally prosecuting th
charge before your court. Our only resource, therefore, is to send t
you the detailed statement, accompanying this, of the most flagran
oiFences of which he is accused, with a list of witnesses able to sub
stantiato the facts, in order that you may be enabled in proceed ac
cording to law.
It is quite clear that every step of the procedure will be attend
ed with serious diflicultics. In part of these you will probably b
guided by the Procurator. In others aid may be obtained by appli
cation, direct or through the Colonial Committee, to Her Majesty
Secretary of Staie for the Colonies. The necessary citation con b
served by us, guided by such directions as may be sent. As a seen
rity against informality, it would be desirable that these were vcr;
articulate, and that they were revised by the Procurator. Evidenc
would require to bo taken under a Commission, issued by you, an<
addressed (we presume) to us, or (if you judged it better) to anj
other parties in the colony. We believe that, acting as a presbytery
we could examine the witnesses on oath. But as such action wouli
cut off your jurisdiction, and our right, as Commissioners, to administc:
an oath is doubtful, application to the Colonial Secretary might be ne-
cessary on this point. On his recommendation the necessary powe:
would readily be granted by the Colonial Legislature. If he woulc
consent to one of the stipendiary magistrates, or (still better) the re-
sident judge of the Supreme Court, being added to the Commission,
this would at once remove the difficulty, and relieve us in part from
the very painful position in which wo are placed.
In transmitting these charges, it is only equitable to Mr Hao-
culloch to say distinctly, that his labours among the black people Id
his parish had been attended with much encouraging success.
18
believe) all or nearly all officials, whoso attendance oould be secure
through the interposition of the Government.
I am, &c.
(Signed) THOMAS BELL.
VIII.
To the Rev. The Gonyeneb of Colonial Committee,
Berhicey Idt/i April 1858.
Rev. Sir,
Notwithstanding the grounds of complaint which I bar
it may be as well to endeavour once more, through the Colonial Coi
mittee, to save the Church of Scotland the reproach which seei
likely to be publicly thrown upon it.
This post carries to the address of your Secretary a series
papers affecting Mr Harper. A very painful impression has bei
made, not only in this community but throughout the colony. Ji
main object being to shew the state of matters generally, I do n
choose to enter upon details. I caunot, however, but advert to tl
impropriety of recommending a person in his peculiar position f
appointment in a colony, where habits of concubinage and illicit coi
nections have not only produced a hideous amount of moral degradi
tion, but social evils of very serious import.
The Uiinute of the Presbytery of Kirkcaldy suggesting, undi
the Procurator 8 advice, that in Mr Macculloch's case we should libi
and proceed to probation, is what I certainly expected, but much re
gret. In drawing up the letter accompanying the charges, of whic
the Committee received a transcript, I put our situation in as distiiM
a light as I could ; but it may easily be understood that there u
objections to our proceeding which I could not then, and cannot eve
now, fully specify. The communications in regard to Mr Harper wi
indicate one. I have difficulty, but perhaps only do right, in sprc
fying another. It came to my knowledge, while wo were first noi
ing in the business, that he consulted a gentleman about an applici
tion for the prospective vacancy, and sent him a draught of his pro
posed letter, and on that gentleman sending back his letter with
refusal to advise or interfere, that he applied — in general terms hov
ever — to the acting Governor, and received an unfavourable aocwei
The rest of us are equally disqualified to act as judges. Of Mr Ua(
culloch's habits I knew nothing, and 8uspecte<l nothing, until p
1
10
in the approaching General Assembly. Again 1 would enforce
indispensable necessity of something being arranged as to jurisdict
Perhaps instead of what was before suggested, it would be bettei
direct that all ministers named by the Committee should be ordai
by the Edinburgh Presbytery. This would give the legal fo:
without straining any previously admitted rule or practice.
Something of the kind is necessary in evidence of the Chui
anxiety to remedy glaring evils. But the real cure must be soi
in the original selection.
Why really useful men should not be found eager to come
it is difficult to understand. The provision is liberal — ^better I
in the great majority of home parishes ; the climate can only be <
racterizcd by one word, luxurious. Of the many deaths that 1
occurred nine«teut]is at least can be directly traced to habits of
temperance or to foolish exposure, it would be well thatyo
men were impressed with the necessity of prudence in these resp
before leaving Scotland. The medical rules propounded with yo
regard to diet and mode of living here are erroneous, because t
lose sight of one material fact, that the smaller expenditure of v
^H)wcr and heat to be supplied by the lungs is more than counter!
anced by the greater amount of perspiration and other socretii
As a rule, the new-comer, especially after his seasoning fever,
quires more generous and more abundant food than at home,
quantity of spirituous liquors can be swallowed with apparent i
immediate impunity that would bo murderous in a colder count
and the languor caused by heat, as well as prevailing exam]
prompts many to have recourse to them with little restraint. Iw
pcndently of the tendency to produce or aggravate liver disease, tl
forget their effect upon the nervous system, the part of man s in
which suffers most directly, and in the end most fatally, from I
over-stimulating influences of the climate.
There is certainly a lack of suitable society, and the prad(
plan would be, that which I have felt it my duty to follow, to s
sparingly with what there is. But to a clergyman, who has the i
sources of a cultivated mind, and his parochial duties, this on^
to be no objection. In a situation where I have often been wee
without seeing a white person, I have in thirteen years scaiee
known what it is to find an hour hang heavy on my hand.
The duty of the country parishes is laborious, as, with one exce
tion, they are much too large, but, with proper management^ it is d
had attuclied uearly tlie whole populatiou, excepting a few geuenlly
not of the hest character. The communion season was to me then
one of uuniingled pain. I could not but doubt my right to distributfl
the bread of life to the handful of careless looking people who sur-
roimded me ; and my doubts were soon confirmed by the ueces»ty ol
excluding from tlio table one half of the number, which poor H]
Anderson, in his short incumbency, had from good nature too readil}
admitted. Now I can look down upon about 150 communicants
who have found too much difficulty lo be received, lightly to sacri-
fice their privilege ; and often as I am obliged to ascend the pulpil
on a sacramental Sunday in a state of health which makes me uncer-
tain how I shall got through, it rarely happens that some dark eye
do not draw me in a few minutes to worthier and holier feelinga
The earnest gaze of all, and the hushed silence which a slight motioi
of the hand will maintain through that whole long service would sti
the coldest spirit. After a har<l battle, the fondness for those demo
ralizing and noisy dances brought with them from Africa has appa
rently been conquered, in mv own parish, and 1 believe throughou
the Bei'bice lliver district, the night-long sound of the drum ha
scarcely been heard for the last two or three years. With a popula
tion of about 3000, we have not in the parish one policeman, on-
grog-shop, or one pauper supi)ortcd by the public money. T neve
find difficulty in providing for a helpless creature among the neigh-
bours ; 1 never give a sixpence of my own without knowing (I fea;
intending) it to be merely a bait to draw ten times as much in foot
and care from my poor negroes.
Last year, when choleni prevailed, their conduct wasexemplari
to such a degree that the impression loft on my mind can never hi
effaced. Unable as 1 was to obtain even one medical visit, and with
out a single white or educated coloured man to aid me in i\u
whole stretch of the i>arish, the prospect seemed overwhelming'
But the prompt docility, the rca<ly helpfulness, and the composiirt
of the people, at once did what no extraneous help could have effect-
ed. They bought medicines for themselves, and small stores for
common use in every village ; nearly forty pers^ms agreed to actgr^
tuitously as house-to-housi* visitors ; the reports to me from every
district were incessant ; in many cases the hour when each dose was
administered was cai-efuUy noted, that I might be satisfied all possiMe
had been done; and in several T found tho reconl kept in chalk on
IX.
To t]ie Rev. Tho (Jonvenf.r of the Colonial Committee^ iL'c, d:c.
Berbice, 2U Aprill^^,
Rev. Sir,
The day after I wrote my letter on the 19tli current, on my retui
from a journey on parish duty, I found Mr Duff waiting for me wil
two letters from Mr Harper to Mr Macculloch (G and 20 Feb.) whit
tho latter gentleman had that forenoon placed in his hands. M
first impulse was to decline reading them, as I had done in othi
cases ; but being informed that they contained matter of grave impo
tancc, I changed my purpose, and it was well I did so.
No choice remains but to transmit copies of them, as well as
previous letters from Mr Harper to Mr Duff, Mr Macculloch, at
myself. To offer a single obser\-ation upon them would be an insu
equally to the understandings and the moral principles of the men
bers of Committee.
They justify me, however, in complaining that a person of fa
character should have been sent here, and in calling upon the Cox
mittee to take prompt steps for ridding us of such a nuisance, ai
the Church of such disgrace. I trust that, in the approaching Gen)
ral Assembly, measures will be adopted to that end, and that if an
proceedings be thought necessary which they cannot bring to i
issue, authority will be given to the Commission finally to determim
What may be done in Mr Macculloch s case cannot be in time f<
the Assembly, but means may be found to empower the Commissic
to deal also with that. In the letter addresed to the Presbytery <
Kirkcaldy, of which the Committee have a transcript, and the list <
charges, a copy of which may be obtained from that Presbytery, il
Assembly will find grounds for action. A report of our proceeding!
if such be found possible, will be transmitted at the earliest moment
Prompt decisions are imperative.
The Committee must excuse me for throwing on them tfa
responsibility of action. The forms of the Church render direct com
munication with the General Assembly difficult, and, in our caM
impossible ; and I do not feel called upon, even if there were time
to instruct counsel. The proper and obvious alternative is one whic
I am very unwilling to adopt, as it must lead to most serious and (
fear) little anticipated consequenc^^s.
r am, &c.
(Signed) THOMAS BELL.
o
1 larper gave me such a description of the scenes which had taken plar
during my absence, as convinced me that the interests of theChurcl
and the life of the individual, hoth demanded immediate action.
Mr II. refers to these scenes in ids letters to Mr Bell of tl
18th Nov. and 5th Dtc. 1857.— App. 2. 3. 4.
I have now been nearly eighteen years in the Colony, and ba
never known a confirmed drunkard permanently reform his liabit
and I fear there are no grounds for supposing that the present ca
will be an exception to the general rule. Were all the cases repoi
ed to the Presbytery of Kirkcaldy at onc-o dropt, the well-anthentici
ed cases which have taken j)lace since, are more than sufiirient
convict the accused of being a confirmed drunkanl. Nothing c
more clearly show the power which the habit has obtaine<l over Li
or be a more severe comment on the Report of the Committee, tli
the fact, that within forty-eight hours after the charges against h
were signed, even bef«)re they were out of the (Jolony, ho exhibit
himself in his own parish, after performing professional tluty, in a sii
of intoxication ; and within a similar space of time after the copy
the Connnittoe's Special Ilei^rt reached us in Berbice, he was M
by numbers, in broail day light, at five o*cl<)ck in the afternoon, afi
staggering along the street in New Amsterdam, floun<lering in a dii
trench in front of his lodgings, out of which ho was taken by a iii
dical gentleman who was passing, assisted by the spectators of t
degrading scene.
Several clergymen, in similar circumstances, have taken advl
and gone to a cold climate, in which there is neither the same cravii
for stimulants, nor the same temptations to indulgence, and have r
covered their characters and usefulness. Others, like the subject
the present remarks, have turned a deaf ear to all remonstrance ai
advice, and in a few numtlis or yeard have brought themselves to s
untimely an<l disgraceful grave by dropsy or dtUrium tremens, lit
the members of the Colonial Committee, as often as I have done, wi
nessed the horrors experience<l by men dying of delirium tremen
they would have hesitated before they signed a report calculatcil ■
encourage the unfortunate man in his wretched course, and to gii
time for the awful but natural and certain consummation of the li
which ho has led for the last eighteen months.
By the admission to the communion table of drunkanls ; of
man newly released from jail for theft; by yielding t» solicitation
administer the sacrament of the Lord's Supper in private to the dyir
by performing the rite of marriage without reipiiring the parties
comply with I ho provisions of tho civil law ro^jarding it, the am
i„it tee,"— tolling him that he has not lialf enough of " the IkvW in
his composition, Mr Harper says, " I would have aske«l you to he-
conio the moderator of a new Presbytery, and let them join or not."
But if you coiUinue to fill your belly with that abnminable Mv}
which you drinl', I could not depend on you for a tvetk."
The two htst letters, Gth antl 20th Feb., were written after M
Harper had home testimony to the elHcicncy of the accused sm a mi
nister. All the letters from which these quotations have been mvnh
and those in which he denies his mother, and repudiates her claiu
upon him, and the Negri correspondence, were in the hands of I
Fowler when he laid the Special Report on the table of the Assenibl;
Will any one say that he was justified in making any statement wha
ever on Mr Harper's authority ? Mr Harper was an apprentice
the brother of the Convener, he had therefore ample means of asce
taining his character before he sent him to this country.
In 1857, the Committee anticipated the establishment of t1
electric telegraph across the Atlantic, and certified to the Assemb
a fact connected with Mr Hari>er which could not have been knov
in Scotland sooner than the 18th of June, viz. that ho was then pc
forming the duties of St Clement s parish, the lt)th of May being I
first appearance in the district. In 185S his letters, although in t
Committee s hands, and urgently demanding attention, are unnoticc
not even used to correct his own misrepresentations.
3d. The Special Report goes on, — This testimony was confin
ed," S^c. F. I.
This proves the had effect of bad example. No one knows U
tcr all the circumstances of the case than the person who wrote t
document alluded to. He knows that the people have a])pl]ed to t
Governor to assist them in getting an English minister settled amoD|
them, and that the Lieutenant-Governor promised to do so when t
proper time arrives, viz. when the clergy bill is renewed. There
one English minister already, paid by the Government, in this pari'
This will be the second. The arrangements for salary and buildi
the chapel, are so far completed, that the Bishop has nominated t
minister, and he is to be in the Colony in November this year. £
App. No 11.
These things have been countenanced and asked for by men «
are still members of the Church of Scotland. Do these facts pn:
that the |)eople have confidence in their minister, or tliat the memb
of Presbytery have been precipitate in the stops taken hy them?
4th. The names of difiertnt magistrates were given as witn«
of particular cases of drunkenness, but none of their signatures w
1^^
c
they refused to interfere witli the arrangemeDt. It is refreshing tc
Bee an old friend maintaining his aUacJiment to the Church irrespeclirt
of the parties wlio compose it. The only draw-hack to the plcasur
arising from the spectacle is, that the same policy is still followed,-
tho people of Mara are still without a resident minister. During tl
seventeen years vacancy service was performed hy a minister of tl
church on an average of three Sundays each year.
Since the appointment of Mr Harper to St Clement's parish, tl
8ahhath services liavc heen generally performed by a young ma
from eighteen to twenty years of age, wiio, immediately before his a;
pointment to this duty, had been dismissed from communion in t
London Mi^:sionury church in the same district for having sedae
his own cousin, and become ihc father of an illegitimate child. Ha
the interests of religion been better promoted hy the course pnrsu
by the Committee for the last eighteen years than they would ha
been by the course which they condemn ? And do the Commit!
intend to allow their nominee to outrage religion and morality,
continuing the present state of matters till next Assembly? I tn
the Committee will see that the state of matters above related
" most unmtisf actor y*'
The Committee ignore the fact, that what they charge me wi
viz. " negotiating to transfer i-eal projyerty from one part}- to anotl
t€creili/y' is, in this Colony, an utter impossibility. Such projierty c
only be transferred from one party to another after having been thi
weeks advertised in the official gazette, and in at least one other n^fv
paper in the Colony ; and even should no party api)ear to object to I
transference, the party transferring must still sJitisfy the judge tl
his title to the property which he intends to transfer is legal a
valid. The Committee ought to have consulted their Legal Si
Covimittee^ to save them from making such a blunder.
III. The Report goes on—" Again, while the Committee wcr
&C.-F. 1.
The Committee ought to have given the date of the letter fn
which they quote, and how long the parish of St Clement s had be
at the time vacant. These omissions are easily supplied.
The former minister of St Clement's had been unable to perfo:
duty in his parish from the beginning of Nov. 1854 till April 1&
when he died. As soon as I was released from St Saviour's by 1
appointment of Mr M'Culloch in Feb. 1855, I performed service
St Clement's in the afternoon, and visited the parish once a-week
the performance of the private duties of the parish, until the date
my letter, viz. 23d Feb. 1857, performing four services every Sund
If 5
ANNUAL REPORT
TO
THE GENERAL ASSEMBLY OF THE
CHURCH OF SCOTLAND
BY
E COMMITTEE ON POPERY.
WITH APPENDICES.
<UVKN IN ASK READ IIY
THE REV. Wm. ROr.ERTSON, Convener.
HAT 1859.
EDINBURGH:
NTED BY TATON AND RITCHIE, 13 GEORGE STREET.
MPCCCLIX.
4
The total receipts of the Committee since last Assem-
bly, not including the salaries of Agents paid by other
parties, have been : —
Parishes Collections, . . £547 16 2
Subscriptions and Donations, &c., 216 19 7
The total payments have been,
£764 15 9
504 6 3
9 6
Leaving balance in hand, £260
This balance has been received only lately.
The obligations undertaken by the Committee will ex
h.'iust a large portion of this balance.
Receipts by the Committee, as above, £764 15 9
Salaries of Agents superintended by
the Committee, paid by other
parties,
529 0 0
£1293 15 9
These are the leading operations of the Committee.
On presenting the Kcport on Saturday, 21st Ma;
1859, the General Assembly pronounced the foUowinj
deliverance : —
Deliverance on Report Committer on Popery
to Assembly 1859.
' It was moved, seconded, and agreed to, that the Genera
* Assembly APPROVE OP THE REPORT OF THI
* COMMITTEE ON POPERY NOW READ— RE
' CORD THE THANKS OF THE HOUSE TO THI
' CONVENER AND COMMITTEE FOR THE DI
* LIGENCE AND ZEAL WITH WHICH THETi
' HAVE FOLLOWED OUT THE OBJECTS TC
* WHICH THEY WERE DIRECTED AND AUTHO
< RISED TO ATTEND ; and also to Alexander T. Ni van
' Esq., C.A., for the valuable assistance rendered by him ii
^ reference to the statistical returns ; and considering thai
' the respected Convener, -whose services have been sc
' valuable, has resigned, remit to the following memboi
' to consider the propriety of uniting the anti-Poperj
* Committee to the Home Mission Committee, and report
H litare diet of the Assembly : —
6
3. He will not say he will continue the Training Insti-
tute and the instructions of the young men. The &eneral
Assembly thought otherwise in 1854 (sec deliverance
annexed).
4. He will not say he will have to do with lay agents ;
and if not, the agents would require to be licentiates ol
the Church.
jV.B. The present agents of the Committee were ex
amined by the Kev. Drs. !Muir and Fowler, and helc
qualified.
5. He would employ no Popery agents unless funds fo
the purpose were separately provided to the Home Mis
sion, which could not be, for where is the money to comi
from 1
G. He specially objects to any Church collection for th
Popery Committee, which is equivalent to the annihilatio:
of the Committee.
7. In short, his proposal to unite the Popery Com
mitten to the Home Mission, with t/ie view of advancin
the cau^e of Protestantism^ is nothing but a pretence fo
s^trangling the Poj)cry Committee and its collection. Bu
as the Assembly have approved of the operations of th
Committee, it is obvious that Mr. Phin, in moving to tha
effect, has over-reached himself ; for surely he cannot my
pose the General Assembly would so far stultify itse
as first to approve of the operations of the Popery Com
mittee, and tlicn approve of a union with the Ilome Mif
sion Committee, the effect of which is to put an end t
these apj)roved-of oi)erations.
Understood Views of the Home Mission.
IV. The Home Mission Committee, including the Cot
vener, are understood to be opposed to the Union.
1. They have enough of work on their hands.
2. Tliey do not look to such details as compose much «
the work of the Popery Committee.
3. They do not superintend agents or examine the
journals.
4. They do not pay lay agents, but only licentiates.
5. They do not select agents, but leave that for th
Presbyteries.
6. They would not superintend the Training Institute
7. They are very harmonious and active in prosecutio]
their present work ; but the addition of the Popery elemen
might introduce discord into the Home Mission Committee
i
10
Your Committee camiot take leave of the important ai
onerous duty, to which, acting under your authority, th
have been called, without adverting to the truly momentous ai
appalling events which, in Providence, have lately overtak
India, and marked the short period of their past labou
They entered on them at a time, when India presented
pleasing picture of peace and growing prosperity, afl
changes, the most remarkable and extensive, in the relatio
of the British Government with many of the most power
of its Native States, had been carried out — the fruit of wj
and treaties, that had become the theme of a past histoi
and when everything indicated the permanence of a hap
tranquillity, holding out every encouragement to the s
important work, in which the Christian Church had be
so long — and of late years, so zealously — engaged. A da
and threatening cloud has, indeed, been permitted by
all-disposing Providence to come over the scene but lately
bright ; but even already is it the theme of the nation's gra
tude to God, that the dangers, which so lately menaced t
British Empire in the East, have been followed by the retu
of a state of peace and tranquillity over India, to which eve
succeeding despatch encourages us to look forward, as t
dawning of a day of renovated progress in all that can pi
mote the social and industrial prosperity, the intellectu
moral, and religious advancement of that mighty Empii
when, in the future administration of its interests, may ^
prove by our policy, civil and religious, that we have hea
the voice of the Almighty speaking to us in the language
Holy Writ — "Them that honour mc, I will honour; ai
they that despise me, shall be lightly esteemed."
In name and by authority of the Committee,
JAMES BRYCE, D.D.,
Convener.
10
From the very first the instmmentality of education has been ado]
but, in the words of Dr Inglis, " it is in subserviency to the su
of preaching that we would in this case devote our labour U
education of the young."
In compliance with the deliverance of the General Assembly,
Committee have directed earnest consideration to the que
brought before them by that deliverance. By examining va
documents, some of which have been noticed in the Misnonary Bt
by correspondence with the ^lissionaries at Calcutta and Madras
by holding a conference with soine gentlemen who have
(3iaplains or Missionaries in India, they have endeavoured to
on opinion as to the matter to which their consideration has
invited. Without attempting to define minutely the predso ii
of the terms — "the altered circumstances of India,'* — ^your
mittee presume that there may be by this expression a referer
those changes which occur vath greater or less rapidity in
country during the lapse of time. These must have been vei^
siderable suice the commencement of the Mission, in 1826, but
are fitted, in the opinion of your Committee, to affect the caz
out of the principles on which your Mission has been hit
conducted, — if at all, only to a very limited extent
Your Mission has always been conducted according to the prind
hat employing various agencies : — the education of the young ; the tn
of native teachers, catechists, and ministers; and the preaching
gospel to the adult population. The education of the young has bee
ciently conducted. The work of training native teachers, catec
and ministers, has been successfully prosecuted among those who
been willing to be trained for such services ; but the number so ti
has not been large. In the Institutions at Calcutta^ Madras
Bombay, the Gospel has been preached by your Missionaries t
Teachers, the more advanced pupils, and other inquirers;—
principally through the labours of Preachers or Catecliists conn
with your Institutions, Gospel truth has been repeatedly, ai
various ways communicated to the natives. Your Mission has
been conducted according to the principle of combining the edac
of the young with the preaching of the Gospel to the adults. ]
all the inquiries they have been able to make, your Committa
satisfied that, could native preachers and teachers bo sent out
the Institution to villages in the country, great good might, thr
the blessing of God, be effected. Native preachers, fiiUy qual
' ' 1ft
it is affirmed, has given rise to much misconception, and is acoe
as a pledge from the British Crown that there shall be no real <
gelisation. It has also led to instances of persecution and intolei
by the opponents of Christianity,
The Committer are aware that very considerable caution, in dn
up thb Proclamation, was, in the circumstances, imperatively reqi
and this clause, as they understand it, refers to the exercise of
authority with whidi, in virtue of liis office, an individual nu
invested. It imposes, as they believe, no restraint on that coi
which every one may pursue in his private capacity, so as to pr
him from giving, in this capacity, countenance and aid to men
that may bo adopted for enlightening tho natives, and leading
to renounce their errors and embrace the Oosi>cl of Clirist •
Unless the intcri^retjition, now jjiveu by the Committee, ca
adopted, they would respectfully suggest that efforts be mad
the puq>ose of securing to all who hold office under the Croi
India the utmost freedom of action which they may be de:
I to ezerdse, in their private capacity, with a view to counteract
■ and bring all under the influence of the truth. They trust thai
Lord Harris*! Re- is already secured, from the tenor of a reply given by Lord Han
uuonl * March last, to a deputation from tlie religious societies in 'Sli
This deputation waited on his Lordshi[), at the Gk>vcmment B
on occasion of his retirement ; and, after recording their appred
of his valuable services to the cause of religion and morality, sa:
"While in your capacity as Governor in tills Presidency, youliave
impartially, without regard to persons or to creeds, giving equal ecu
ance to all right efforts for the social improvement of the people o
land; in your private i-elations you have ever proved youweu the
friend of all who are laboimng for their highest sipiritual good, ai
gratefully acknowledge the liberal sup|)ort which our varioiut Reli
Societies have receivS at yom* liands.
"You take with you our best wishou and prayers. May the I
Head of tho Church crown you with His lih^ssings iu time and throu;
eternity. "
To the addi-ess his Lordship replied as follows : —
*' Gentlemen, — I am deeply sensible of this united exprettia
sympathy and respect which you now, on the eve of my departure, co
to me from the various Religious Societies of Madras.
*'My earnest desire has been to oi-der my conduct in the mannei
describe, and this testimony of the impression made on you I mobt gi
fuUy appreciate.
> I'.
20
thoroughly satisfied as to their fitness for missionary labour. 1
names of the four Students referred to, are Mr Alexander Clark,
Robert Paterson, Mr John Taylor, and Mr John Wdls. They h
delivered all their prescribed discourses, and the Committee are i
desirous to receive from the General Assembly authority to h
these Students taken on trials by their respective Presbytei
with a view to receiving license and ordination ; their attendance (
ing the partial session, and the circular letters to the other Vtc^
tcries within the bounds of their Synods, not being required,
other two Students having attended only during two scssiunH,
such request is, in the meantime, made respecting them.
The Committee confidently trust that the rcst)luliou of tl
Students to devote themselves to mis.sionary labour will be folio
by examples of similar readiness, on the part of others, to ente:
the same most important duty, and that the praycra and contr
tions of the Church will be eagerly given in support of this glor
and incalculably beneficent undertaking. By means of that ed
tion, which, as tunc elapses, nmst spread more extensively in Ii
the attachment of the natives to their erroneous systems
revoltmg idolatry, cannot fail to be eventually shaken. But
overthrow of error is not of necessity the erection of truth. "SI
must be employed for their religious instruction, and their couver
to the Christhui faith. For this purpose there must be zeal, acti'
liberal offerings, and persevering prayer by the mcmlx-rs of our (
and of all other Christum churches.
It is true that the number is small who have yet been led op
to renounce their foul superstitions. Millions arc yet enslaved
the evil spirit of Hindooism and Mohanunedanism, and so £
would be the change produced by the wide difl'iibion of Christie
in India, that even the most siinguine may be unable to antici
its actual occurrence. But let feelings of compassion for
sad condition of the natives, stinmlate to vigorous exertions,
this great change may be accomplished. They know not ho^
come before tlie Lord, and to boAV themselves before tlio I
God ; and very decided umst be the change in their condition, \^
their cumbrous systems, — so difficult to understand, so strau
complicated, and so closely inwoven with all their thoughts
feelings, shall have been abolislied, — and, instead of worshipping t
idols by a wild and cruel ceremonial, they shall have come, by
new and living way that has been opened to the Holiest of alL
22
to secure for that llcvelatioii the fur\'ont gratitude of conv<
nations the imivci-sal reverence of an enlightened world!
other Missionary The Comniittee canni)t close tlicir Pieiiort without referring, m t
^^^^ of cordial admiration, to the very gi-eat efforts that have reci
been made for the evangelisation of India, by the Society for the
pagation of the Gospel in Foreign Parts, the Church Mlssic
Society, and other associations connected ^\-ith different denoi
tions both here and in England. The Reports of the Ame
lioard of Commissioners for Foreign ^klissions attest, most ciui
cally, the ardent zeal and eminent success with which their exto
operations are conducted ; while the va.st expenditure of exei
with the large contributions f«»r the glorious object of Ohristiar
India made by these and other bodies, are fitted to awaken fcl
of deep humility and regiet that by the Church of Scotland so
has been accomplished.
^nuSiCoUecrtioIl" «imount of the Annual Ct^llection, made by a])pointmcnt c
etc, cic^ etc. Ckncral Assembly, and reckoned up to the date at which tlie acci
arc closed. Is £3170 17s -id; but contributions have since bee
ceived from 48 congregations, which properly belong to the t»iUc
for I808-O. Up to the time of giving in the Report, collections
thus been made by 010 ctmgregations. The uicome of the 8cl
derived from Collections, Parochiid, C-ougi-egational, and Missii
Associations, Individuals, and Legacies, has thus been £[\0d^ 4;
and if a sum equal to that received hwt year be obtained fror
Lay Association, the income will be JC4290 12s od.
The total general income for the last live yeai-s ha-> l»ci-
follows : —
18:)4-:>, . . . a::3762 10 4
1855-G, . 3t<27 in I
180f>-7, . 3458 '2 0
18.)7-S, . . 9 0
185«-0. . . 1290 V2 :»
or thereby, according to the sum that may be received from the
Association * The number of Parishes collecting has Lee
under : —
• Since this was prepared, it has been oncertaiued that, instead of £2:
SnlTxief Association, the contribution for this year hn
9
OomUnes hoA preaching to tlie adults, and also the inatraction o
young. On this ground, therefore, it may surely claim the cou
ance and the support of all who approve of Missions to the hec
in any sense.**
2. Respecting the account which the Catechist had fumishi
his proceedings during the past year, I said —
«I quite concur in the opinion expressed in the Report, that
account is both interesting and satis&ctory. Those of you who
not have much acquaintance with the state of matters among
Christians will, no doubt, be very much surprised when I tell
that^ apart altogether from any question as to the result oi
labours of your agent, the very circumstance that you have bees
to secure the services of one who is willing to labour at all, is, in
times, a matter of no small satisfaction.
*^T\ie truth is, that educated Christians can now obtain appoint!
yielding them so very much higher emoluments than what Missit
Societies seem disposed to allow, that, in Calcutta at any rate^
next to impossible to find a really qualified person who is willii
devote himself heartily and exduxivdy to the work of instructii
fellow-countrymen.
'*Such, then, being the case, it surely must be highly satisfiEictc
you to hear such an account as that which has just been read,
the agent you have employed is at least a diligent person, yon
be already sufficiently convinced. How well dkected his efforts
been, and how well calculated to instruct and improve this benij
people, I shall now proceed very briefly to show you.
'*0f his duties as an instructor of youth, and also as a pread
adults, you are already sufficiently aware. There is no need, 1
fbre, that I should dwell on these points.
"But there is one particular department of labour in which h
been much engaged, to some account of which I will now beg '
quest your attention. The department I allude to is one whoa
portance can scarcely be over-estimated, and yet it is one in ^
fbr many reasons, Missionaries have not been able to acoom
much ; I mean the prci)aring of Christian Vernacular Booh.
"In the course of the year, your agent has been able to prep
Series of Tracts (copies of each of which he has here pla<^ I
you) relative to those deities which, for almost countless ages^
formed objects of worship to the Hindooai, and which, by the
majority, continue to be held in just as much veneration as
Shiva, Krishna, Kali, Doorga, Jugannath, and Gungcu
"Respecting the little works he has composed on these subjecti
author informs you that they have been very popular among
countrymen — that in the course of a few weeks the first edi
consisting of 2500 copies of each, was almost entirely sold
Connected with the sale of these works there is one drcumsl
well worth mentioning; and that is the fiict (which the anthoi
\ 1
7,ajt^/y — AVhatever is bestowed, let it be donc//ee/y, wbi
it be pounds or pence. " Freely ye bave received, freely g
Sball " we give unto tbc Lord tbat wbicb cost us notbii
8ball we not rather delight to bring the "firstlings a
flock" as a Thank-Oflering to our God — we who can
Thanks be unto God for His unspeakable gift ! "
It is proposed that the Thank -Offerings be specially de
to the establishment of a new Orphanage in some favot
locality in the North- west Provinces of India.
Contributions to the Fund may be paid to any meml
the Committees and Auxiliaries in town or country, or
direct to the Secretary or Treasurer in Edinburgh, speci
" For Thank-Offering Fund."
I
SUB-COmiTTEE.
^frs. Bell, 22 Forth Street. Mw. Paui^ 13 Geoi^ Sqaare.
Mrs. Beatsox Beu^ 20 Great King ^Irs. Stevkxso.v, 17 Ileriot Roi
Street. ilrs. Tanvsk, 11 Koyal Terrace.
Mrs FoRUESTKR, 8 Prummond Place Miss DiiioM of Mount Annan.
Mrs. M'Farlan, 17 I.yncdoch Place. ^liss Koss of Woodbum, Momk
Mrs. ^Ia':fakl.vnf, Manse, Dudding- Miss Skeltox, 20 Alva Street
stono. Miss Smith, 15 Danube Street
Mn*. MuiK, 13 Saxe-Coburg I'lace. ! Miss Af. Tt'LU>ii, Beechworth I
Mn». MuKiiAY, 4 Glt'nfiulas Street. Grcenliill.
ACTING (HONOSABT) SECBETABT.
Rev. maxwell XICIIOLSOX, 3 Regent Terrace.
TREASUBBS.
JOHN WRIGHT, W.S., 28 Forth Street
BANKERS.
THE UNION BANK OF SCOTLAND.
STATEMENT OF FACTS
RELATING TO
BRITISH OPIUI TRADE AND REYENUi
BT THE
EDINBURGH ANTI-OPIUM COMMIHEE.
rsuROH Anti-Opicm Committee, be-
lat there are few subjects of so great
e regarding which the public mind
i informed, as the Opium Trade and
respectfully submit the following
; of the leading facts regarding them
:ious consideration of their country-
Opium Trade.
amense importation of opium — prepared
for the purpose of gratifying a vicious
loking it — is annually made into China
in British India. This importation has
forty-fold since the begmning of the
r from 2,000 to 80,000 chests. The
r this article has been created by ship-
nally made by the East India Company in
id since 1 800, chiefly by British merchants,
succeeded in extending it, by experimental
IS, from time to time, into new parts of the
first of a losing character, but profitable
, by creating a taste for the new vioe.
f forms the great bulk of the returns for
« and silk, amounting, as it does, to
0, while the export of all British produce
actures to China averages little more than
0.
ise of this opium, so prepared, is produe-
most ruinous consequences to the popula-
it is consumed. (6) These consequences
lly to be distinguished from those which
I the abuse of alcoholic beverages — melan-
le latter are — the former being, in the long
lie, not the exception, and the result of
ot the abuse of the indulgence.(c) The
oralising influences of the opium trade "
iot merely incidental to it, hut, in the lan-
tlie Report of the Select Committee of the
Commons, are inixmtestable, and imsepar-
ita existence,^*
>rding to the most unexceptionable testi-
Ui^roluinto. txavttllcj»» phjucians, Goveru«
ment servants, missionaries, and Chinese statif|^9
the vice, the misery, and even the destruction of )ifc«
resulting from this indulgence, it is almost impmylliln
to estinukte. (<Q **The moderate use " of opium avltb
prepared for the Chinese, which some suppose ^ be
so harmless, tends to the practice of sensualityjy its
grossest forms, [e) ^ Moderation " leads, with fti^l
I certainty and speed, to **exce8ts*\f) and exM^i to
I every crime of which its victim is capable, (^) uat^ his
I career is ended in a prenutture grave. The no
thus cut off are variously estimated; but i
I it is only along the sea-board that the
prevails greaUy as yet, the lowest calcuUtioB.jni-
hibits an amount of mortality which it lb fearilgl to
' contempUte. {h)
4. Public sentiment in China is strongly iipiljWiil
I to this trade. On tiiis account it is one of the g^jBll-
I est obstacles in the way of Christian missionsi fiar
countrymen there are known only as vendoa of
I opium — the curse of China — or as preachm of
I Christianity. The Imperial Government set ilnif
against the trade for more than 60 yean^ and
declared it contraband. It was, however, vtlfr^
. unable to contend with the heavily armed veMili in
which the opium lb carried, but in 1839, after re-
. peated warnings to the English residents (the hmt
I being addressed to Uiem individually) to send away
their opium then in Chinese waters, a special mi-
missioner from Pekin caused the owners to be
' confined within their own dwellings until thsj Ruv
i rendered the entire quantity, amounting to 30,283
: chests. He then destroyed the whole, valued at be-
I j tween one and two millions stcriing, and took aoch
measures as rendered it almost impossible to dis-
' pose of a chest along the coa8t(i)
I 5. The British Government thereupon dodared
war against China; and after the slaughter(/) of
nearly 40,000 of its subjects, dictated a treaty by
which the Chinese were compelled to pay more than
L.4,000,000 for the opium destroyed, and for the
expenses of the war, and also to give up the island
of Hong-Kong on their coast. The English mer-
chants had previously signed a pledge to diaeon
ANDREW ELLIOT, 16, PBINCES STBEET, KDIKBUBGH;
THE RELIGIOUS TRACT A»D BOOK SOCIETY OF SCOTLAND,
13, St. Ahdbiw Smxr, SDonraBOB, ahd 120, Qusnr Scbbt, GLjunow.
Triee ilk 6d. par 100.
STATEMENT OF FACTS
RELATING TO
BRITISH OPini TRADE AHD REYENU
BT THE
EDINBURGH ANTI-OPIUM COMMIHEE.
DROH Anti-Opicm Committeb, be-
i there are few subjects of so great
regarding which the public mind
nformed, as the Opium Trade and
respectfully submit the following
if the leading facts regarding them
108 consideration of their country-
Opium Trade.
lense imporUtioD of opium — prepared
• the purpose of gratifying a Ticions
Ling it — is annually made into China
I British India. This importation has
rty-foU since the beginning of the
from 2,000 to 80,000 chests. The
Lhis article has been created by ship-
Jly made by the £Ast India Company in
since 1 800, chiefly by British merchants,
Kseeded in extending it, by experimental
from time to time, into new parts of the
8t of a losing character, but profitable
}y creating a taste for the new vioe.
brms the great bulk of the returns for
and silk, amounting, as it does, to
while the export of all British produce
tures to China averages little more than
} of this opium, so prepared, is produc-
ost ruinous consequences to the popula-
is consumed. (6) These consequences
' to be distinguished from those which
be abuse of alcoholic beverages — melan-
latter are — the former being, in the long
), not the exception, and the result of
the abuse of the indulgence.(c) The
alising influences of the opium trade "
merely incidental to it, but, in the lan-
i Report of the Select Committee of the
mmons, are incontestable, and inbepar-
i exiMience,^*
ling to the most unexceptionable testi-
rchanto^ travollcrt}, pbyaicians, Govern-
ment servants, missionaries, and Chinese stati
the vice, the misery, and even the destruction offfe,
resulting from this indulgence, it is almost impo^ilUe
to estimate, {df) The moderate use " of opium M[lft is
prepared for the Chinese, which some suppose if be
so harmless, tends to the practice of sensualitjj^ its
grossest forms. («) " Moderation " leads, with Wtfbl
certainty and speed, to exceen i*\f) and rioaijl to
every crime of which its victim is capable, (y) anl^ his
career is ended in a prenutture grave. The nnnjfcnri
thus cut off are variously estimated; but althii^
it is only along the sea-board that the pra^lon
prevails greatly as yet, the lowest calculation, jn-
hibits an amount of mortality which it is fearilil to
contemplate. (A) j
4. Public sentiment in China is strongly iipjIIMil
to this trade. On this account it is one of the gj^jilli-
est obstacles in the way of Christian missionSi .par
countrymen there are known only as vendoa of
opium — the curse of China — or as preachm of
Christianity. The Imperial Government set ilnif
against the trade for more than 60 yean^ and
declared it contraband. It was, however, vttfr^
unable to contend with the heavily armed veHili in
which the opium is carried, but in 1839, after le-
peated warnings to the English residents (the bst
being addressed to them individually) to send awmy
their opium then in Chinese waters, a special Mi-
missioner from Pekin caused the ownen to be
confined within their own dwellings until thej- lor-
rendered the entire quantity, amounting to 80,383
chests. He then destroyed the whole, valued at be*
tween one and two millions sterling, and took each
measures as rendered it almost impossible to dis-
pose of a chest along the coast (i)
5. The British Government thereupon deehred
war against China; and after the slaughter^*) of
nearly 40,000 of its subjects, dictated a treefy by
which the Chinese were compelled to pay more than
L.4,000,000 for the opium destroyed, and for the
expenses of the war, and also to give up the island
of Hong-Kong on their coast. The English mer-
chants had previously signed a pledge to tfiscon
ANDREW KTJiIOT, 16, PEINCBS STREET, EDINBURGH;
IE RELIGIOUS TRACT AND BOOK SOCIETY OF SCOTLAND,
13, St. Ahdbiw Smxr, BnarauBOH; ahd 120, Qumr Skbir, Gljumow.
Frieeti.6d.ptf 100.
STATEMENT OF FACTS
Ki:i lo
BRITISH OPIUM TRADE AND REVENUE,
liY nil:
J-: X r; [' \um anti ■( h 'i ui com.m rrri; l
lu.ii A.N ; :-ni ;i M ( '".mm: iti.k.
i.I- r. .-M"- W'W Miltj'-.-U .li" -I I •jit.'it
1^ -I'lii/i'j wiji'-ii I Ik- i.iiliTc! iijiii.i
.'i^ I't..- (>i«:uiii 'l'r.:«K. :.i„i
. -l.r. in.l!_N •^!i!.im:» i],.- f..li..uiiii:
r ill'- i« i."iiiiin.r ili»in
lis •. .'Li.-!il«.'r;iii<.-ii of tl:- ir .-..unti-N-
< )i- TM Ti:ai«:'..
ii::j.'>if;ttioii «.f nj.iiiiii- -i'n*|»aivil
tlif nf ;rratif\ iii:; a vicious
it.^ it anmi:ill\ iiiati.: into Cliina
Iir!fi-ii Iii liii. Tliis iiimuriati<in has
t-rl'li -iiu*.' till' iM-^iiinili;; 111 tin-
V«".ii r«» J'.ii.inio chi'^t.s. The
lii-n aril"-l«- 1m-» l.t.i ii i*n atcd by hliiji-
iiy ina u- l»y tin- lOast liniia CV»iii|iam in
in«;v i l-Oii. ol.it lly liv Hi iti.-li nu Tfliant"^,
(•■•• •I' ll ill • \t».nsliiii; it, 1)V » xpt'iinuiiial
iVuiii tiiiu! til !iiii«', into ik-w {lartn ot' the
t «»t a l >^iii^ chaiacii-r, l»ut j-rnlitahlc
y fit ati'.:: a la^l* ten- tin* in-w \ice.
»riM- lin' ^it-at hiuU of tlic n turiirt lor
ainl '•ilU. amoiuitin:;, it ihios, to
\\\\\\- thf I \|mhi ot all Uiiti'-h priMluco
iiirs t.i ( hiii.i av«.-rai;t.s little more than
• •f li.i.-* (i| iinii, >o |in'j»arr(l, is proilue-
--f r■.^.:i"ll^ i:t»:.-« «iu« in*«-fi lo tin* ]*o]iula-
is ooii-^uiii'.'l (A) T1h *ho coiiM-.imiices
lo he d:>tiii::iM>li« «l IV«»in those which
,„ . I... *. ^l.-U.U- V. "
nn-nt srrvants mi^.si<»narii'.'-, an-l Chiii. -i- >tatc->meni
the vice, the iiii»ery, aii-l evi ii tin' «le>!tni«'tioii of lite,
reMiltini; IV.nii thi.s ii;«liil;:. i:e, . it i- aliiiort iiii|»o»hiblo
to e-»liiiiat".{«/) ** Tin uin'/t f.fr ;/>< " i.f {.].;sim as it in
I»r« i)aie»l lor tin- ChiiK -f, «hii'h .-on -Uj'|.o.^e lo he
s> hannN s>?» t' ii«la to tin- |.nu.-tifr ..: m i;>ual!ty in its
«;rox-t St lorin-^. (» ) " .'•/«•..» / »,//..// " I. -Mi-, u ith fearful
(•••rtaiiiiy ami s|MtMl, tf> "/./os-." ; / ) and exccits to
t\ery eriini' of which itr> vit-.ini i-» ahlf.f'.') until hib
eare(.r is » nih '.l in a i ri inatisn '^v.im . Tin nuuiberh
(hu.i eui off are \ariou?rly t.."*tiniat« d; but althou<{h
it is only aion*; ih"* M-a-bnanl that the practice
prevail.** ;;reatly a-* \et. tin; lowf.sr ealenlatiou vx-
liihiis an annuint ol' nmrtaiity \\liieh it i^ fearful to
coiit« niplat(.'. (//)
•1. I'nhlie hentinie-nt in (.'hiiia is ••ironLdy opposctl
to this iradi'. On t'.ii- ae.'onnt it i'- one of the greal-
».st «ibstaele.s in tin- way of C'hiisli:in nii-..si<ins. Our
eonntrynien thi'P' ar«' known only as vendoi'S of
i;j>iinn— the enix- of China — or as pr« aehora of
Christianity. Thf linjieri.il t.M>\ • rnnu nt >>et itsell
asaiiist the trade lor nu n' than «■•» years, ami
d« elar« d it eontrabaii'l. It was. htiw,\i i\ utterly
unable to eontmd with the h«a\ily arnwd vessfls in
which the op-iuin is earrit<l. but in !.'..;.'•, after re-
p».a:< d warnin;:"> to the Kn«ili--h n >id" nts (iho last
bein:; a<ldre.';!*« d to tln in imliv idualh ) to send awa\
their oi)iuni tli' ii in (.'hine^e waii i>, a .-jM.eial coin-
nii-rsiont-r from Tekin cms* -1 ihe »)wiu i» to be
conliiu'd within tln^ir own dwellini;'* until they sur-
remb'rt d the < ntire tjuantitx, ainounti:i;4 to *Jti,2H.'i
cln-.-'t^. He th»:n de.-tr<»yed tlic vviiojf^ ]
lA'IW AM -I II. I
• N
KESBYTEUY
1^,11, ,"••"•/'•;>• •••"7" 'I'.' ' ' •' ^ ' _ _—
present habit ot lite ; ana ne mosi, eanimi
Assembly to allow him to produce documaiits
to the correctness of his deportment for the lost
That your Petitioner humbly craves the AssembAj
premises into consideration, and to adopt sucli ^
storation to the status of aProbalKfti as in tKeir ^
may see meet.
And your Petitioner w:
ffice of tht
the Assein-
of the Pres-
cen such Jih
erred to tht^
pronounced
,hc said stMi-
y to considt V
jst penitc^^^*-
lurch.
Proof.]
REPORT
To THE
GENERAL ASSEMBLY OF THE CHDRCH OF SCOTLAND
;0MM1TTEE FOR THE CONVERSION OF
THE JEWS.
I'ROFESSOR ALEXAliDEU F. MITCHELL, CONVEKER,
20th MAT 1859.
EDINBURGH:
PRINTED BI PATON AND RITCHIE, 18 GEORGE STREET.
MDCCCUX.
GIVEN IN AND READ BT
5
in the Turkish field. In a letter very recently received from
him, and which, it is hoped, may appear at full length in the
Missionary Becord for June, Mr. Sutter intimates that a Mo-
hammedan convert, brought to the knowledge of the truth by
the American missionaries at Constantinople, and obliged to
escape thence on account of the persecution to which he was
subjected, has been entrusted to liis care, and that, having found
this convert to be intelligent and truthful, he is desirous, with
the aid of your Committee, to have him regularly trained for
service among his former co-religionists.
IL— TURKEY.
1. Salonica, — The work at this station has, during the past
year, been prosecuted steadily, and not altogether without visible
results ; though it must ever be borne in mind that the good
done, especially at a station so recently occupied, is not to be
measured by the present and visible results, and that, indepen-
dent of these, a great work is accomplished simply by the dif-
fusion of the knowledge of pure Christian truth, and the exhi-
bition of Christian kindness to those who, for so many ages,
have been sitting in darkness and the shadow of death, hateful
and hating one another.
From among God's ancient people, two proselytes, a father
and his son, have, during the past year, been added to the
Church. The number of inquirers among the Greeks has in-
creased considerably, both in the villages in the more imme-
diate neighbourhood of Salonica, and in those of Cassandra.
The treatise entitled " The Sum of Saving Knowledge," usually
bound up with the "Confession of Faith," has been translated
into modern Greek by one of the proselytes, and is now being
thoroughly revised by an accomplished Greek scholar in this
country. Considerable progress has also been made in rendering
into Judajo- Spanish the well-known work of Dr. M^Caul,
termed "The Old Paths."
The English service on the Lord's day has been regularly
continued, and has been well attended by the small resident
English comnmnity. A Judajo-Spanish service has been re-
gularly held for the benefit of converts and inquirers frora
should, for a time, have charge of the Sabbath prayer-meeting,
so that the Committee may be able to dispense with the services
of other agents there.
Towards the close of December last, at the request of your
Committee, Kcv. J. W. Yule, your esteemed missionary at
Alexandria, ))roceeded to visit this station ; and, from the sugges-
tions made by him, your Committee have been enabled to draw
up further rules for the guidance of the missionaries, which they
trust will tend much to the advancement of the work in which
they are engaged. The missionaries have expressed to your
Committee the gratiBcation they received from Mr. Yule's visit
and Christian counsel ; and considering how very recently the
brethren who have selected this station as their sphere of labour
have entered on ministerial duty, how entirely they are cut off
from intercourse with other Christian missionaries, and from all
but the most limited Christian society, and how many are the
difficulties and trials which in consequence they have to meet,
your Committee cannot doubt that such visits, if not essential,
are, from time to time, most expedient, and calculated to be the
most beneficial, both for the spiritual refreshment of the mis-
sionaries and for the satisfaction of the Church at home.
2. Smyrna. — At this station also, the labours of your mis-
sionaries, during the past year, have not been left without vis-
ible tokens of success, in the conversion and baptism of some of
the members of that ancient race whose good they chiefiy seek.
The Judaso-Spanish service on the Lord's day, and the meetings
for discussion with Jewish inquirers on Saturday, have been
regularly continued, and generally well attended. Sometimes
a? many as twenty-five have been present. Mr. Coull announces
that he is now able to take his turn in the Judseo-Spanish ser-
vice, which will henceforth be conducted alternately by him
and Mr. Eosenberg. The English service, which, for the greater
part of the year, has been conducted by Mr. Coull, has also
been, in general, well attended, the numbers varying from thirty
to fifty. In the course of the past year a new lease has been
obtained of the chapel in which these services are held, and a
Louse has been secured which contains accommodation for male
^ and female schools, and for a Bible and tract depot.
Since the autumn, schools have been opened by Mr. and Mrs.
^ Rosenberg, assisted by Ulysses Kynegos, a native Greek. A
13
operation^ it is already attended by several young Jewesses,
along with some Greeks and Roman Catholics, and in it the
children are instracted in the knowledge that maketh wise unto
salvation, as well as such other branches of female education as
will enable them usefully to fill the stations in which Providence
may afterwards place them. In London, the Association's
zealous missionary, Mrs. Kosenfeldt — and in Germany, their no
less zealous and tried missionaries. Miss Mittelbach at Karls-
ruhe, and Miss Huth at Darmstadt — have, during the past
year, continued their labours with all their accustomed fidelity,
and not without tokens of encouragement and success. Your
Committee have most earnestly to recommend the Ladies'
Association for the Christian Education of Jewish Females to
the continued and increased support of all who are interested
in the cause of Jewish Missions.
Aid from other Societies. — During the past year liberal grants
of Bibles and tracts have been received by your Committee, for
their Mission in Alexandria, from the Scottish Bible Society and
the London Religious Tract Society, and for which they have
to record their thanks. Their thanks are also due to the Tract
Society for a large supply of books for a library ; and to several
publishers, for supplies of school-books, furnished to them for
their Mission stations, at greatly reduced prices.
Funde. — It is with the deepest regret that your Committee
have again to report a decrease in the amount of the funds
placed at their disposal for the advancement of the truth
among the dispersed of Israel ; and that, for the efficient con-
ducting of their Mission stations during the year, they have
been obliged nearly to exhaust the whole sum in hand at the
closing of last accounts, as well as the whole income for the year.
Collections have, during the past year, been made in behalf
of the Mission in 818 Churches and Chapels, being an increase
of 35 as compared with last year. The amount of these col-
lections, however, is only £2043, lis. 8d., being, as compared
with last year, a decrease in their amount of £102, lOs. 4d.
The number of parishes from which no collection has been re-
ceived this year is 239.
Contributions have been received from 25 Parochial or Con-
REPORT
or THE
COMMITTEE OF THE GENERAL ASSEMBLY
FOR INCREASING THE MEANB ()F
DUCATION IN SCOTLAND,
PARTICTLARLT IN THK
HIGHLANDS AND ISLANDS.
SUBMITTED TO THE GINEBAL ASSEMBLT. HAT 1859.
EDINBURGH
PRINTED BY WILUAM BLACKWOOD AND SONS
MDCCCLIX
19
4. Arithmetic, including Infet'est [and Vulgar and Decimal Frac-
tions].*
.5. [Euclid, three books ; or Algebra to simple Equations, inclusive ;
or Mensuration and Mechanics.
6. Geography of the Four Quai-ters of the Globe, with the more
special knowledge of the British Empire and the Ilistorical
Geography of Gr&tt Britain. % [Use of the Globes.]
7. Holy Scriptures § and Shorter Catechism.
0. History of Great Britain.! |
0. Ahility to give a [Gallery] Lesson, and to conduct the instruc-
tion of the First Class in any subject selected by the
Inspector.
N.B.^Ftniale Candida tts are not examined in th^ subjects 2^ripted
in brackets ; but on Sewina or Domestic Economy ; I and proficif nc//
in eil/itr of these subjects, aloiir/ with satisfactonj attainment in other
branches, will secure a place in tJie First Class.
Tliose of the specified age desirous of taking advantage of
this Minute, in connection with the Chui-ch of Scotland Nor-
mal Schools, must forward tlieir applications to the Seci-etaiy,
22 Queen Street, Edinburgh, — accompanied with a certifie^ite
of the date of their birth, and a testimonial as to reb'gious and
moral character from the minister of the parish in which they
may reside, — on or before the 15th November 1859. Tliey
should also name the Normal School which they ^vish to attend
in the event of their passing.
Tlie following is the Rector's Eeport on the Edinburgh Nor-
mal School for the year ending May 1^, 1859 : —
From an alteration in the scholastic year lately sanctioned by the
Education Comraittoe, the Annual Session of the Normal School now
commences in January and ends in December. Tlie attendance of
Students at the Institution for the past year may therefore be conve-
* Tliomson'fl, Comw(?ll and FitcliV, or Sanp^H Arithmetic (Blackwo^Kl- -
■K<Unbui-jjh, 18.50). t The Committor of a>uncil prviar Euclid.
-J- I>r Clyde's Oetigraphy. § Piunock'R Analysis.
11^ Corkiiuig Hwtory of 'England in EiKxjh:^.
" ML« BrewHter'ri MiUJual of Household Economy.
OFE PAEISH SCHOOLS:
WHAT IS TO BE DONE WITH THEM?
BY THE REV. JAMES COCHRANE, A.M.,
MIiriB'TEB OF THE FIRST GIIARQE, OUPAB-FIFK.
CUPAB-FIFB: printed in the FIFBSHIBB journal 07V1CB.
There is, u it appears to me, but one thing needed to improi
schools— that is, to improve the teachers' salaries. It would be no i
in my eyes, to alter the present mode of libelling and deposing s
under the pretext of getting more easily quit of improper teachers,
most valuable features, according to my view of things, in the syste:
prevails, is just the security which the schoolmaster has for his ten
It is a leDgthcned, troublesome, and complicated affair to remove a
from his office ; and so, I humbly conceive, it ought to be. It is a Ui
one or two worllilcss schoolmasters should retain their livings, even i
efforts to turn them out, than that a thousand worthy men should h
giviugs about the permanency of their status. By all means let the
feel as independent on that score as the Parochial Minister, the I
Ck)unty, orany other official whatsoever. But the present salaries are a
disgrace to the country. What is more, I believe that the present
ratepayers would never object to a material increase. What ought
to make that augmented salary a legally exigible thing.
But here sectarianism steps in, and demands that the constitution
school be altered, as the condition on which such augmented salary wii
Free Church partizans, who, it is well known, once rode the very rigj^i
iastical intolerance in this identical matter of school tests, and who, ii
of the schools they themselves set agoing, do, at this very hour» ackno'
Churchism, and Free-Churchism alone ; so much so, that I fear they
have a Papist or a Mahommedan to teach one of their schools, than ;
the Established Church ; these Free Church partizans are actually 1
clamour for Parochial Schools, without the slightest guarantee for a
religious instruction in them. Whst do they mean by tliis ? It is im,
they can be the patrons of a godless and Christ-ignoring education,
that they may have the opportunity afterwards, of disturbing the |)eac
by struggles to settle their Free Church nominees in the parish schoo
the event of not succeeding, planting by the side of those parish schi
Church rival, in the same way they have done in so many instances i
then saying to the locality— Behold the contrast betwixt the godless ai
school? As for the older dissenters of the U. P. connection, their rej
manding a change is chiefly this, that they may provide a possible livin
tion of their young men ; a very laudable object in itself, but surely
every Christian man amongst them would pronounce to be bought at a f
were it to be gained by the sacrifice of the religious character of our sch
is really, after all, not so much difference betwixt the doctrine prea<
Parish Church and the U. P. Meeting House, that a young man belon
latter should make a mountain out of a mole-hill, and refuse the appointno
chial teacher because it requires his attendance at the former place of w
these days of liberal religious sentiment, such a refusal ought to be s
sanctimonious punctiliousness rather than to common sense. As forotb
bodies, they constitute so small a portion of the community that, were it
influence and representations of Free Churchmen and United Presbytei
would carry no influence whatever in this matter. Ninetecn-twentieths o
are Presbyterians, and it is very much to be deplored that, for the sak(
porary triumph over the Established Church, to one or two of the other
I
1 1 '
11
€B. Let tome neutral bat authoritatife party determiiie whether the idiool, pn-
▼ioatly built aod opened in aTOwed connection with one or other of thete Pretbj-
terian bodies, be in a locality standing in need of a school ; and then, in point of
endowments and other privileges, let it be assimilated to the schools in connection
with the Established Church — the Established Presbyteries, howeyer, having no
more authority over it than the IMssenting Presbyteries have at present over the
6cho(^8 of the Established Church. This, I am persuaded, is the only way of
■ettliug this agitated question. Not otherwise, I believe, is it possible to secure
our time-henoured school institutions, and averting that cloud of danger which
now hangs over them.
It will be necessary, however, to ezplaiu my views at greater length. This I
flhall endeavour to do in another communication. I have indicated the principle ;
I shall now enter more minutely into detail.
hi-
f
t
I
16
And just 11 a itranger, if he thonld enter into my of onr chnrebee on a Lord'e
D«7~whether it be Paroohul, Free, or U P.— cunnot from the form of worship,
or eren the doctrines taught, gether wiih what sect of Preebyteriant he is wor-
•hipping, 80, on entering auoh a school, it will be impossible for any one to tell
from what he witnesses there, to what denominstion the children belong, and
under whose superintendeoce the seminary haa been placed. Thia ia preciaely
what ia wanted. In one word, and haying regard to the preaent religions oondi*
tion of the country, our educational atate would be one of optimiam.
It will be noticed that, throughout theae obaenrationa, I have aaid nothing abont
granta under the Privy Council Scheme of Education. The funda for the perma-
nent aopport of the new as well as of the old Parochial Schoola, I would draw
from the localitiea which they are deaigned to benefit. There are very many
oljeotionable things about that Privy Oooncil Scheme, and cer ainly it ia creating
an enormous expense to the country— expense which seems to be far ahead of the
benefits ii is conferring, great although, in some reapects, these bpnefits may be.
For the sake of non-Pteaby terian achoola, normal schoola. female achoola. and others
not strictly parochial; for the sake of fumiahing boilding grnnta in appcial caaea ; and
perhapa alao, for maintaining the present ayatem of allowancea to pupil teachers— a
system which, although liable to defects, has undeniably been productive of much
benefit to society, and given an impulse to education for these causes. I would
gladly see the present Piivy Oouneil Scheme, era modificstion of it, continued.
Bat whether this be done or not, the scheme which I have propounded will of
itaelf be adequate to overtake the educational wants of the community, so far aa
any Parochial Schools can do it; and for generationa to come, thisqueation of
•ducatiun would be aettled. In the eyes of some, amongst whom I beg to rank
myself, I am sure that it will be one of the not amalleat of ita recommendations^.
that it will admirably prepare the way for that most desirable oonsummation— the
ro-nnion of Presbyterians in this land, when these very foolish distractions will be
orer, and Scoiland haa became itaelf again.
It will alao be obaerved that I have aaid nothing about burgh, apeci ally -endowed,
and adventure schools. Of these the Legislature need take no notice. Piivate
individuals, and various societies of persons, will, so long as teaching is reckoned a
deairable thing, be ever opeoing, subscribing for, and even endowing, new achools
—whether their object be emolument, seotarianiam, or benevolence. The Legis*
latnre may very aafely let such parties alone. Seminariea of this deacription
nay evidently, in a multitude of caaes, be beneficial to aociety, and even render it
nnnecesaary for the Sheriff Court to erect new Parochial Schoola in many diatricta
where otherwiae they would be set up. Nor will it be necessary to introduce into
the new enactment, aa aomehavo not acropled to suggest, and aa haa been actually
done in Prnsaia, any provision for the compulaoiy edacation of children. Such a
proviaion is quite repugnant to British feelings, and not only would be a rude
interference with the habitudea of thia country, but totally unnrceaaary. Moral
oanaea are in full and univeraal operation, over the length and breadth of the land,
to supply a far better and more effectual compulsion. Let the Le^iblature by
all means cheapen common education down te the very minimum, by providing
endowmenta for the teachers ; let it multiply schoola, and so render such education
accessible to every child in the country ; and, ita part in this great work having
thns been accomplished, it may rest assured that there are and will bo influences
in operation which will accompliah all the rest.
I have thus propounded a scheme which I humb'y conceive would, were it
f
BEIEF STATEMENT OF PROCEEDINGS
i.X^NNECTKD WITH THK PRnPimKn
COLLEGE
EDUCATING THE DAUGHTERS OF THE CLERGY
OF THE CHURCH OF SCOTLAND,
PROFESSORS IN THE SCOTTISH UNIVERSITIES.
\
\
;Y OF
\
\
EDINBURGH :
JOHN BAXTER, PBINTER, JAMES COURT, HEAD OF MOUND.
1859.
IW* ^^^^ V*'*^J'
tioii as they ought to receive. This is the truth ; and, knowing it so to
be, it is hoped that the Ciergy and their friends will listen with indul-
gence to a seliemo, suggested by my late brother, Dr Esdaile, for procur-
ing a superior education to the daughters of Scottish Ministers and Pro-
fessors.
" The proposal is, that the Clergy and the Professors in the Scottish
Universities shall combine their intelligence and their pecuniary resources
for the formation of an Educational Institution of the highest class, with
the view of giving their daughters the best useful and ornamental edu-
cation at the smallest possible cost. While an ample educational staff
will allbrd the means of such an education, it is not intended to send
forth mere young ladies. A dressmaiier is among the number of
the teachers ; and it is proposed that every description of domestic econ-
omy (above menial work) shall be performed by the pupils in rotation,
under skilful superintendence. The whole scope of the Institution will
be to exalt useful labour, and show its compatibility with the highest
refinement. The resident staff will be assisted by a competent number
of Tcachci-s, and, in special cases, by Artists, for the puiposc of develop-
ing and rendering avaih\ble any particular gift w ith which a pupil may
be endowed ; so that, if obliged to live by her talents, she may be able
to use them to the greatest advantage.
" Such arc the important objects which I have taken the liberty of
suggesting for the consideration of those interested in them. The idea
which I wish to convey is simply this, — if we choose to combine, we
may, forthwith almost, sec in Scotland such an admirable institution as
there is at Brighton, and which for about twenty years has been confer-
nn<X the highest religious and educational advantages on the Daughters
of jMinlsters of the Church of England. The truly benevolent founder
of that institution — the Rev. H. V. Elliott — has favoured me with the
following letter, in which he liberally offers to aid our efforts : — * St
Mary's Hall, with its gi-ounds and additions and furniture, has cost full
i£ 12,000. It is now free of debt and incumbrance, and rent free. Our
staff of governesses is sixteen — five for music, two French ladies and one
German amongst them ; besides mastera and professore. The salaries of
the governesses vary from £100 to Si'SO, The servants are about eight-
een in number. 1 have never regretted that a lady was at the head. I
sec great objection to any other plan. My experience is this : — ^The
Lord hid from me the expenses and difficulties of the work. If I had
known them, I should not have ventured on it. On the other hand. He
did not leave mc in the difficulties, but raised up friends, and patrons,
and gifts far beyond what I had, even in my most sanguine mood, cal-
culated upon, and this from the beginning. If you go on, and should
pleiise to inform me, 1 should like to have a brick in the building. May
the Lord guide and bless you in the work
Surely it is very encouraging to read of the blessing vouchsafed to
Mr Elliott. The practicability of the project for the education of the
danglitei-s of Scottish Ministers and Professors is demonstrated by the
experience of St Mary's Hall, the average attendance at which is four
years ; the average cost for each pupil being, if I understand aright the
annual report, £30. liut if, after explanation, which has been requested,
it turn out that the average cost is nearer £40, it is to be borne in mind
that the pui)ils are provided with all their outer clothing.
" By a visit to St JolnVs Wood, London, I have also asceitained that
the Institution for the Orphan Dau;^hters of the English Clergy wholly
clothes and feeds, as well as thoroughly educates, its pupils, for &So
a-year. Without emulating the apparently superabundant educational
7
young women is superior to tliat of any number of young women of the
same age in any part of London. I iiave no doubt that the most minute
inquiry will establish this fact.'
" We may, therefore, confidently anticipate that, wliilc attending our
proposed Institution, the pupils will receive a fiw from stinted dietary at
the charge of less than £20 ; and that when more than one pupil is fur •
uished from the same family this may be reduced to £18. In order to
compare this rate of board with what is demanded by money-making
establishments, we need only point to the fact of an Edinburgh Institu-
tion charging £25 for day-board alone.
"The actual average cost of tuition for each of the 109 pupils at
Whitelands was, in 1857, £12, 3s. 5Jd.; so that the entire average cost
of board and education for each of these trained female tcachcra was
£2G, IGs. Hid.
"The average cost for tuition in the 11 female training colleges is £8,
Is. 8d., which being added to the average cost of housekeeping (£18,
6s. Id.), makes the average cost for board and education £2G, 7s. 9d.
" This average cost does not include house rent, which, in the case of
Whitelands, is £415, 14s. lid.
" In order to give an idea of the total expenditure on each pupil in
such an institution, we add that at Cheltenham Female Training College,
with 59 pupils, this amounts to £32, 17s. S^d. The charge for rent,
rates, taxes, insurance, garden, is, in this instance, £242, Is. lOd.
" As we contemplate founding an institution of the highest class, wo
direct attention to one of this kind — St Mary's Hall, Brighton. In this
institution each young lady pays £20 a-year, which sum includes not only
board, but also the more expensive part of the dress after the first year.
She is also taught the usual branches of English and French education ; tho
latter by French ladies living in the house. Music is an extra of £5
per annum ; drawing, £4 ; Gcnnan, £4 ; Exercises for Deportment, £4,
4s. The style of this institution for 100 pupils may bo infeiTcd from
the employment of IG resident governesses, of many non-resident
teachers, and of 18 servants.
" Our knowledge of these facts justifies, we think, the belief that our
daughters may receive a^rst rate education within an Institution found-
ed by ouraelves and our friends, and watched over by us with zealous
and enlightened afi'ection. We therefore recommend the immediate
adoption of measures for the accomplishment of this truly important ob-
ject.
" Our attention has been directed to tho question. Where ought this
Institution to be established ? Strong representations have been made
to us as to the eligibility of Peebles, and encouragements have been
hold out to us in the event of that locality being selected. Unless, how-
ever, these prove to be of the most substantial kind, the superior claims
of the vicinity of Edinburgh must prevail.
'* Our Secretary has made inquiries regarding the favourite locality of
Momiugsidc, and informs us that several portions of land are there pro-
curable; and with regard to one of these, he has been funiishcd with the
conditions of sale. A very suitable house, with a considerable portion
of ground attached, has unfortunately been let for three years, and wo
do not know whether the occupant could be induced to resign posses-
sion.
Our search after a suitable house may be facilitated by friends com-
municating to us any information which they may be able to procure ;
and as the suitability of the house depends on tho number to be accom-
modated, the means of foiining an opinion on this point must depend
of nominiitiuii iii fiivoni" of their own iljinglitcrs, that licr ndnjis^ion .shall
be iDiprnctkiibk.
** By giving or rayng £30, M mist ere iiml Pj'ofo5?ois shi\.][ acquire tlie
nglit of having tlieir daajyihtera ctlucated in tlie Coilejre sucee^ lively, 011
sucli co[iditionE$ ha may be tiunlly n^aecd iipdn \ it hiiiag uud^T^tood tbat
not more than tn o daugUtcrs from the same family shall bo eligible during
IU)J jear, unless under special circumstances, to bo explained by the
Ibo Datightmof ^finistei'd nnd Prorewnt^ Jthflisbcen prw^d iniQ9tiniif
UttenMoo thjit its Interests would be promoted in varioLiB Ti*9|Mot»b^tb6
fldmisfiion of a limiLcd number of y<>nng ladici?, daugl iters of priTftte
gentbnicTi. Ami U.w^ iuformcd that we may expect that such partiea
will npplj' for tidiiii:;sii.iii^ we recommend that tbey be admiiialble at tlio
discrotiou of the DirccroiJ?^ to be hereafter apjiointed, ondin mich propor-
tion as shall Hot iatoifuic wiLh the priniarj* object of llic Jiistitution.
" In conchLsion, we snjrffest the appointment of a Committee, on which
shall devolve the task of devising active mcasurca for raising fmids and
carrying into operation the resointions como to at our previous meeting.
And we arc of opinion that the object contemplated may be essentially
promoted by the co-operation of friendly laymen, one of whom should
be solicited to bo Convener of the proposed Committee."
One very encouraging portion of tlie proceedings connected
with the coutemplateil College is tlie interest with which it is re-
garded by lay friends of the Church ; among whom may be men-
tioned, Professors More, Swinton, Day, and Ferrier ; Sheriff
Arkley; Isaac Baylcy, Esq.; J. Anderson, Esq. of Strichen;
R. Scarth, Esq. of Binscartli (Orkney) ; Hugh Barclay, Esq.,
LL.D., Perth ; A. S. Cook, Esq. (Procurator) ; Robert Cook,
Esq. (ilontrose); James Macintosh, Esq. of Lamancha; R. W.
Anderson, Esq., Forfar ; Alexander Dickson, Esq. ; Dr Sib-
bald, Edinburgh ; Mr Gordon, Dr Woodford, and Mr Middle-
ton, Uor Majesty's Inspectors of Schools ; and many others.
Influential ladies are also gi*eatly interested in this effort to
extend to the Daughters of Ministers and Professors those
educational advantages which have long been enjoyed by their
Sons ; and already it has been proposed that in Edinburgh
tliere shall be a Committee of Ladies to co-operate witli tho
Committee of Gentlemen on whom has been devolved tlio task
of raising funds for the speedy establishment, and at least par-
tial endowment, of tho proposed College. The friendly ser-
vices of ladies in different parts of the country w-most respect-
fully solicited ; and Mr Esdaile will have much pleasure in
aiding their exertions by furnishing copies of the Interim Be-
port, or in any way wlach they may be [)leased to suggest.
In r^^gard to the mode in which a Right may be acquired to
>
M
•r
CO
IT
IT"
O
CO
o
ao
>
>
«.YERTURE
ov
Ee^Iations to be observed in the Induction of Ministers.
TTTHEREAS differences of opinion have arisen throughout the Church,
^ ' with respect to the meaning and advantage of some of the Regula-
^^^^ tions in the Act passed by the General Assembly in 1856, in-
tituled, "Act respecting the Induction of Mmisters;" and
whereas it is desirable that no unnecessary delay or expense should be in-
curred in the settlement of Ministers in vacant Parishes, it is Overtured,
That the General Assembly, with the consent of a majority of the Presby-
teries of the Church, do Rescind the said Act, and Enact and Ordain that
the following Directions and Regulations for the Induction of Ministers, in
accordance with the Word of God, and the Constitution and practice of
this Church, shall be observed in its stead, in time coming : —
fWntatioii I- Th^* every Presentation, to a Vacant Charge shall be
tobeiodgwL lodged in the hands of the Moderator or Clerk, for the time
being, of the Presbytery of the bounds. When lodged with the Clerk, he
shall immediately give notice thereof to the Moderator, and the Presenta-
tion shall be laid before the Presbytery, by the Moderator or Clerk as the
case may be, at their next ordinary meeting, if such meeting has been
previously fixed for a day distant not more than one calendar month from
the time when such document was lodged. But if no ordinary meeting
shall have been fixed to take place within that period, the Moderator shall,
within three days after the Presentation has come into his hands, or of his
receiving notice that it is in the hands of the Clerk, call a meeting of
Presbytejy, to be held on a day not less than ten, nor more than fourteen
days after the date and despatch of the intimation by which it is called,
for the purpose of receiving, examining, and judging of such Presentation.
Bfonld & Tod, Frioters.
2
Documents to be "^^^ ^* Ordinary meeting of Presbytery, or on
examined. of meeting specially called for that purpose, as the
case may be, the Presbytery shall deliberately consider the said Presenta-
tion, and see that it is accompanied by the necessary relative documented
namely, a letter of acceptance from the person so presented or nominated,
and a certificate that he has taken the usual oaths to Government, together
with evidence that he is qualified to receive a Presentation, such evidence
being, in the case of a Licentiate resident in this ^untry, the production
of an Extract of his License, with a Certificate of Character from the
Presbytery within whose bounds he has last resided ; and in the case of a
Minister, or Licentiate, who has previously been residing furth of Scotland,
sufficient proof that he still retains the status and character of a Minister,
or Licentiate, in connection with the Church of Scotiand ; and, if satisfied
on these points, the Presbytery shall pronounce a judgment sustaining the
Presentation, and resolving to proceed towards the settiement of the
Presentee.
In doubtful oases IIL That, if any of the documents so produced appear to
ief^^.' ^ ^ the Presbytery to be invalid or insufficient, the consideration
of them may be adjourned to a future day, due intimation of such meeting
being given to the Presentee, and a reasonable time allowed to him to sup-
ply the defect, or obviate the difficulty ; and if, at the said second meet-
ing, the Presbytery shall be satisfied with the documents, they shall pro-
nounce a judgment sustaining them, and resolving to proceed as before
directed. But if, on the contrary, they find that these deeds and docu-
ments are invalid or insufficient, they shall refuse and reject them, specify-
ing in their judgment the grounds of rejection, and causing their judgment
rejecting the Presentation to be intimated without delay to the Patron;
unless he, having sisted himself as a party, personally, or by his agent or
mandatory, has heard such judgment publicly intimated to him.
Presentee to IV. That when the Presbytery shall have sustained the Pre-
▼aoant Churoli. sentation, and relative documents, they shall appoint the Pre.
sentee to conduct public worship, and lecture and preach in the Church of
the vacant Parish, on each of two consecutive Sabbaths, and that the Pre-
sentee on each occasion, immediately after the service, shall lodge the
manuscripts of the discourses in a sealefd envelope, with the Session-clerk,
or, in his absence, with one of the Members of the Session, and failing these
parties with some individual appointed by the Presbytery to receive the
same, to be transmitted in course of post, to the Presbytery-clerk, that they
may be laid by him upon the table of the Presbytery, of which discourses,
the Presentee shall reserve copies for himself. It being provided that, in
- aU cases, intimation of the days of such preaching shall be given to the
Congregation, on the Lord s-day immediately preceding the first of them,
by edictal notice, under authority of the Presbytery ; it being also provided,
that, in the case of a united parish having two Churches, the Presentee
shall be appointed to conduct public worship, and to lecture and to preach
one Sabbath at leaat in each of those Churches, when the manuscripts of
of the discourses shall be disposed of in the manner before mentioned
ifodamtion of V. That after providing that the Presentee shall lecture and
CbU tobein- . ^
timated. prcach, as in the preceding Regulation, the Presbytery shall,
at the same time, appoint a Meeting to be held in the Church, or one of
the Churches, of the vacant Parish, for the purpose of Moderating in a
Call in favour of the Presentee, and of receiving Objections to his S^tle-
ment, if such shall be offered; such Meeting to be at the Astance of at
least ten free days from the second Sabbath on which the Presentee lec-
tures and preaches, and to be intimated, under authority of the Presby-
tery, at the same time that the diets of the Presentee's preach-
ing are intimated, in the form hereunto appended. (A.)
Affpaodix (A.)
u^ngfyrko- fixed for Moderating in the Call, the
dermtioiiof cau. Presbytery shall meet in the vacant Church, and a Sermon
shall be preached by the Moderator, or other Member specially ap-
pointed to perform tliat duty, who shall, after Divine Service, intimate
from the Pulpit the object of the Meeting. A Call and Concurrence,
drawn up in the form hereinafter prescribed (B) shall be pub-
^"'"^ ^ ^ licly read, and the Heritors, Elders, and others, being Mem-
bers of the Congregation, or Parishioners, being Protestants, invited to
subscribe and concur in the same, adding to their names their designations.
After the said Call and Concurrence has been subscribed by persons pre-
sent, or by the representatives, duly authorized, of such as are absent, the
Presbytery may, if they deem it expedient, leave it in the hands of the
Session-clerk, or other responsible person in the Parish, to receive such
additional signatures as may be tendered in his presence.
. 1^ VIL That after the Call and Concurrence has been sub-
ObjeotfoDB to be
no(A^*d^ scribed by all persons who are entitled and willing to do so,
or an opportunity for so doing aflRorded, intimation shall be made by the
Moderator, that if any one or more Parishioners, being Members of the
Congregation, have any objection to the individual so presented, in respect
to his ministerial gifts and qualities, either in general, or wth reference to
that particular parish, or any reason to state against his settlement^ in that
parish, and which objections or reasons do not infer matter of charge
against the Presentee to be prosecuted, and followed out according to the
forms and discipline of the Church, the Presbytery arc ready, either then,
or at their next meeting, to receive the same in writing, or to write down
the same in their minutes, in the form and manner which sucli Parishoners
may desire. Should objections be given in, or an intention to object inti-
mated, the same shall be recorded, and the Presbytery shall hold an ad-
journed meeting in the vacant Church, — ^the said meeting to take phice
not less than ten, nor more than fourteen days after that for Moderat-
ing in the Call, to cognosce and determine on the objections which huv^^
4
been submitted to iheii^ or to recdve, cognosoe, and detemdiie on mick
objections as may be then offered. But if no objections or reasons shall
be given in, either at the first or second meeting, the Presbjrteiy shall pro-
ceed at said second meeting, to the settlement of the Presentee with
oonvenient speed, according the rules of the Church.
p^ytetyto YHI. That whcu objcctions or reasons have been offered
SSj^J^i?^ and rec(»rded, the Presbjrtery shall proceed to consider an4
dispose of them ; and in cognoscing and determining on the
said, objections or reasons judicially, they shall have regard only to such
objections or reasons so stated, as are personal to the Presentee, in regard
to his ministerial gifts and qualities, either in general, or with respect to
diat particular Parish ; but they shall at the same time haVe regard to the
whole circumstances and condition of the Parish, to the spiritual welfare and
edification of the people, and to the . character and number of the persons
by whom the said objections or reasoQs shall be preferred ; and in so pro-
ceeding, the Presbytery shall, in the first instance, dispose of the relevancy
or admissibility of the objections or reasons so stated and recorded. And
if the Presbytery shall be satisfied that the objections are not personal to
the Presentee, in regard to his ministerial gifts and qualities, either in
general, or with reference to that particular Parish, or that they are the
expression of mere dissent or dislike, the declaration of inch dissent or dis-
like not being accompanied by the statement of any reasons for it, to be fully
cognosced and judged of, they shall pronounce a judgment, finding the
objections irrelevant ; and they shall proceed, ^s if no such objections or
reasons had been offered, to take the usual steps towards the trial and in-
duction of the Presentee, according to the rules of the Church.
Ph»byterytoppo. '^^^ Pi^bytcry, iu the event of any of the said
b5?t/%T^'?b.' objections or reasons being found admissible, shall proceed to
ilS^U)"SSS)^' cognosce and determine thereon judicially. . If any of the ob.
jedions ot* reasons refer to the Pulpit services of the Presente?^
whether as to the quality of his Discourses or Prayers^ or as to his utterance or
manner, on both or either of the days on which he preached in the Parish,
by appointment of the Presbytery, he shall forthwith be appointed to con-
duct public worship again in the Parish Chinrch on a ittisk'day, suitable
for the Parishioners ; or, in the event of there being two chtardhtes in the
Parish, in that Church most suitable for the majority of the Parishioners ;
of which appointment, due notice shall be given from the pulpit of the
said Church or Churches, on the Lord s day immediately preceding the
week-day fixed on. And the Presbytery shall meet in the vacant Church
on said week-day ; and the Presentee shall pjo through the usual service
of the Church in their presence, and shall preach, according as the Pres-
bytery may direct, one or more of the Discourses which he has already
preached before the people. Thereafter, at another meeting to be held not
less than six, nor more than fourteen days subsequent to the said week-
day, and of which due notice shall be given on the said week-day, from the
TO Till-: vkm:j{abi-k
THE r.KNKHAI, ASSEMBLY 01- THE ClIlKl'H OF SCOTLANl*
< ONVKNKI)
AT EDINBURGH. Irtm \\\y ov MAY, 1859:
THE PE TITIpN
OF
JAMES WILSON, iate Minister of Irongray, in the Presbytery oi
Dumfries.
Humbly Shewetlu —
rBlHAT your Petitioner was deposed from the office of the
holy Ministry, for the sin of intemperance, by the Assem-
bly of 1853.
That your Petitioner did not resist the procedure of the Pros-
bytery, but confessed that his conduct had not been such a5>
became his position in life ; and the case being referred to the
Assembly, the supreme court held him confessed, and pronounced
sentence of deposition accordingly.
That your Petitioner has always acknowledged the said seii-
tence of the Assembly to be just, has been led seriously to consider
his past conduct, and now begs to express the deepest penitence
for his sin, and the scandal he has brought on the Church.
That your petitioner, for some years past, has been strictly tein-
peiate, and resolves, through the grace of God, to adhere to his
present habit of life; and he most earnestly beseeches the present
Assembly to allow him to produce documents and testinioiiials a^
to the correctness of his deportment for the last five years.
That your Petitioner humbly craves the Asst nil^ly t.) t:;k. i!n
premises into consideration, and to adopt such steps fur his n
storation to the status of a Probationer, as in their wisdom they
may see meet.
And your Petitioner will ever pray,
be ecwnpeleiit for th^m^ if Ibej find difficuldes in the case, to refer tiie
gfMtjoiia diat have been iBiaed h^m them, either as to the releranf^, m
tdbidnihilityt V M ^ thepimCfif ih^olgecliiMU to the sapeikr
|udicatDries of t\hf rhnrcli f t decision. Provided always^ that the PatTOH,
Presentee, tht^ Ubji^iors, uinl all others, who having interest in the
mid queitioiifl have been heard or admitted as parties betbi*e the Presby-
ftfifji diaU hare a li^t to bring any judgment of that Court, deciding on
ideraaey or admi^bility, or on the prooi^ orrafeiTing the sao^ nndir
review of the Synod of the Bounds, and ultimate^ of the General AsBem-
blv, by [jrotest and appeal taken and prosecuted in due fomii according tp
the law and praetioe of the Church. Provided abo that in every case^
wii^ther of iv^raiQj^ qt of aiipeil, aE tlie docnmenti which were befcm
the Inferior Courl^ indnding any imnona or discourses delivered, to
which obje^tiopa have been madei ^kmSL be laid before the CJpujr^ of ^
new.
jl^^^ XIL That in all cases when/ the person to be inducted li
^^^^^ already an ordained Minbter, and a Member of aiiutluT Presby_
fsefy, a prucesa of tran^tion shall be instituted before that Presbytery, hy
pn^esenting to them the Call which has been aurt&inedi abd a full Extract
jpf liie proeediifta vitli regard thereto^ together with raaaons aettmg ftmlk
the expediency of the translurion ; to wliich process the parishionerB and
congregation under Im i:hurge shall be made parties by citation from the
pulpit^ and their objections, if they epnipear and do object, heard and
judged of along iriih the reasons of translatioii, by the Fresbyt^ before
whom the process b instituted. If they gnmt the translation, an Extract
of thi ir j*nl;Liiient s^hall \)v lidd before the Pn sljyter)^ into whose Bounds
lie to be translated, as their waiTant for h^ng the day of his admis-
am I ifid Aufiag Ihe d^eodea^e ^ wid pn«^ the vacant congrega-
tion ihaU oaptiniia.toy1»e ^iqpplied witltwei^^i^ aii4 ogdiii|fifm ly^afid
Bieabytery..
rfi>«0M to»ud» XUJ- That a Frobationer, whose appointment and call to
^^'^^f"^ Fall^ PT Congfeptlioii have been &ially austained by the
Eeclf^aiastic^ Courts^ shall have ] inscribed to him tlu* several piec^ of
trial a[>pt>lnted by tlie Laws of the Church, and these shall be heard and
judged of by the Preabytejy. , . If he be found c^ualified, either by the Presby-
tery, mthe'€nfc&itani^^^^^#
tabled, and thv Prt^sl^y tt-ry shall appoint a day fur his adiiiis.sion ; it beii^
understood that he may be required, if a probationer, to provide supply for
the vacant Church, from and after the day on which his Call ia sustained.
StrviDg and XIV. That in every case of admission, the Presbytery shall
Return of Edict, appoint ouc of their number to preach in the vacant Church
on a Lord's day, at least ten free da} .s before the day fixed for such ad-
mission, and to intimate the same from the Pulpit at the close of Divine
Service, and before pronouncing the blessing, by reading an Edict in the
* ' foTBOL hereto subjoined (C) ; which Edkt bearing its being
served before witnesses thereiiiito subscribing, and indorsed
under the hand of the Miubter serving the same^ shall be kid before the
PimAftefy m^ fG^ ^^esSimm ; lad Hie Bust it§ bang m t^tomed iiluffl
f^^fft^^ioDMm That on the day appointed for adnaission, the Preaby-
8«^^Eiiei. 1^ ghjji me^^at tho vacant Church, aad call for the return
^19 Edict ; which being produced, and found to have been served Tegp^
lufyi tliey shall cause public prodamation to be made, at the most patent
the Church, three several timesj that any of the congregation or
piilililcMirs, having ought to object to the lii'e or doctrine of the pers^ou to
lit^ilinMsed «ird^ may etill itate tbeir objections to the Presbytery
tlien txMy and verify the same instanter. If no such ol^ee^oii be piade, aa^
at once establisln-d by ])roofs, the Pr^bytei^ 9haU,pit)^d,^Eim6^^
the admisaiion oi the Prei^ntee. -
* • ^XViL TImib %t Ike $dmmAm of « Minifib^ sOmdy oxdomed,
the Member of Presbytery appointed to preside, ^fter deliTCr-
ing an appropriate di^^eonrse^ sliall narrate the cause of the vacancv, and
ibe wt/eps which have been taken towards tilling it up> lie shall then read
«fn9«i& |]ie IGniBb^ the Questions appointed by the Jict of Assembly 171^
to be put to Ministers at their Ordination, and call on him to declare,
adherence to, and renewal of, thr Answers fonncrly given. On his making
such declaration, the Minister presiding shall, in the name of the Lord
Jesus Christ, the Great Ein^ and Head of the Church, and by authority
of the Presbytery^ soleniQQfy' wj3Mt%Smtb the pastoral charge of that Pari^
or Coi^pegatiim, the B^^etiliren present shall give him the right hand of
fellowship, and suitable exhortations sb^ be fiddreaaed firom the Pulp^ to *
him ^d to the people. ^^^^^^Hi
Pom of JLViL That at the admission of a Preacher of the Gospel
to a vacant parii^b, tlie Miritstor presiding, after having
preached, shall narrate the cause of the vacancy, iind tlie steps which have
been taken towards filling it up, and shall then put the prescribed ques-
tions to the Candidate ; mi^ on receiving s^titi&Ctory smswers, shall descend
from the Pulpit, and slflhw^ solemn prayer, and imposition of hands, in
which all the Ministers present are to join, ordain him and set him apart
to the work of the Holy Ministry, and solemnly admit him to the pastoral
charge of that Parish and Congregation ; after which the right hand of
fellowship shall be given to him : and the remaining part of the service
shall proceed and be concluded in aU respects as in the case of admission
of a Minister previously ordained.
Recuption into XVIIL That after the Congregation is dismissed, the Pres-
t^Preabjte^. fcytcTy shsll resuioe their sitting, at which the Minister so
Admitted sIiaTl be required to subscribe anew tbe Confession of Faitli, and
Formula of this Churcb ; and his name, if not already atanding on the RoU
of the Presbytery, shall be added thereto. * ' *
dTEm, XIX. That the preced&g Regulation ^all be obserrad fif
tionaJ Charges, the athiiisi=iinn and settlement of Ministers of Chapels of Ease
and other Coiigre^tional charge in bo far as they may be found appli-
<al>le in the drcoiMtaxicea of each aucli charge ;^ it being apecMly required^
in 0Tery such cane, foil opportunity fsfr the te&d^ing of objeetfom
Aiaitt' be gitt^ as in Regulation VIL Intimation of the day of adraifflkm
^SiaettlemOTt shall also, in every case, be made by Edictj of at least ten
i5tee days. In the eTeiit of the Minister of a Chapel of Ease in one Ffeiiiy*
tery being presentoi'f^ any chargiB mfMa Itoii&dB'clf aaotiiw^
tion shall be given by the said Miniater to the Presbytery within the bounds
of wliicli his Chapel lir^s, of his hayinp^ received j^nid presentation, and the
Fresbytety to which th^ presentation is addresBed, shall also notify to the
Ft^bytery within whose bounda tibe Chi^ Hes, liie different steps to be
taken by Hian in ord«r to ^ miSksmB^ nfiltiiv ocAbiiiiilaiciiliw miwt bt
didy acknoiilad^^ *
XX. That the word Presentation in the preceding RegulationSj shall be
i^diBBtood ^^^imff^&A any rappgnised form of afpointmeiit toft imasfe
APPENDIX OF FQKMS.
(A.)^ — Xmmimm of Mwmrm^ mn M<iiniuAoH of tsm Gau^
Hy appolntrncnt i if the Piusbyterv nf 1 li0n)3gf intimate
that said Presbytery have resolved to meet in this place on the
day of Ibr the purpose of Moderating in a
IWI'la &v4U^|il^ tri 1>e Minister of this Church and
lavish ; and, atao, that if any one or more of the Portfihionorsj bej^ M^bers of
this Oongregatian, ha?e any objection to the eaid Hr
in regard to his ministerial gifts and qaaUtieB, either in general or with reference to
this particular Parish, or any reason to state against his settlement in tins Parish,
and wbicii object! uas or reasons do not infer matter of charge against the pre-
sentee to be prosecuted and followed out according to the forms and-4iH|pHtaPiP
the Church, the Presbytery will be ready on that day, and in this place, or at their
next meeting, and in this place, to receive in writing, or to write down the same ia
their minutes, as in the form and manner which such Parishioners may desire.
(B.) — Form of Call.
We, Heritors, Elders, Members of the Congregation of
and Parishioners of the Parish of , being Protestants, — desirous
of promoting the glory of God, and the good of His Church, being destitute of a
fixed Pastor ; and being satisfied, by good information, and our own experience, of
9
the ministerial abilities, and of the suitableness to our capacities, of the gifts of you,
Mr , have agreed to invite, as we hereby do invite and call
you to undertake the office of Pastor among us, promising you all dutiful respect,
encouragement, and obedience in the Lord. In witness whereof, we have subscribed
this Call before the P^sbytery of on the day of
years.
(C.) — ^Edict for Admission.
The Presbytery of having completed all the neces-
sary steps towards the of Mr to the
Pastoral charge of this Parish, and resolved to proceed to his on the
day of , I am instructed to make in-
timation of this Resolution ; and farther, to give notice to all concerned, especially
the Members of the Congregation, that if any of them have anything to object to
the life and doctrine of the said Mr they may repair to the
Pk^bytery, which is to meet in this place, on the said day of
at o'clock ; with certification, that if no such
objection be offered and verified, the Presbytery will then forthwith proceed to the
Induction of the said Mr and admit him to the Pastoral charge
of this Parish
Indobseicsnt.
Church of this day of
years. The within Edict was this day duly served by me,
C. D., witness.
E. F., witness.
A, B., Minister.
BOXE AMD FOREIGN MIflSlONART RBCORD OF THE CHUAOH F ICOTLAMD. — JULY 1, 1869.
Malat. F«malM. Total.
ance, haying been pnpil-
teachers, . . . 29 4 83
Queen's scholars, in the se-
cond year of their attend-
ance, having been Queen's
scholars during the first
vear of their attendance,
out never having been
papil-tcachcrs, . .0 1 1
Queen's scholars, in the se-
cond year of their attend-
ance, having during their
first year been on the Free
List of the Education Com-
mittee, ... 2 0 2
Students on the Free List of
the Education Committee, 9 0 9
Students attending at their
own expense, . . 0 84 84
Total, 67 71 188
BBULTB of Examination for Certificates of Merit
in December 1858.
students Students
Maus. ofthe ofthe
1st year. Sdyear.TdtaL
mber rated in the first Class, 4 9 18
Second do., 88 7 45
Third do., 9 2 11
Schedule, 0 0 0
... who failed, . .2 0 2
Total number presented, 53 18 71
Vli?.— Every student tliat had attended ten
oths was put forward for examination. Forty-
le male students received prizes for excellence in
iwing.
students Students
FK3IALES. , ^« J?/ « . ,
let Tear. 2d year. Total
mber ranked in the First Gass, 2 3 5
Second do., 7 7 14
Third do., 2 8 5
Schedule, 7 0 7
... wfaofiuled, . . 1 0 1
Total number presented, 19 18 82
^ Results so satisfactory as those set forth in the
^ two tables require no comment They never-
Aess call for renewed expression of my heartfelt
igaUon to the different teachers for the cordial
il and ability with which they discharge their re-
•ctiT6 duties ; and to the Committee of Managers
their uniform support and countenance in carry-
' into effect whatever seems fitted to promote the
t interests of the institution.*
''Jos. Douglas, Rector.
Glasgow, %th May 1859.
* By authority of the Sub-Committee, the above
port by the Rector has been approved of.
" Jas. Cbaik, D.D.,
Convener of the Sub-CommUtee.**
Funds of the Scheme,
The Committee regret to be obliged to state, that
sre has this year been a falling off, to a large ex-
it, in the income of the Scheme, — the deficiency
icting all the ordinary branches of revenue. The
lection from 894 parishes and chapels amounts to
!859, 6s. 9d., as against L.3238, 8s. 6d. from 938
Itches and chnpels last year
L.285a 6 9
iual Subscriptions this year, . 318 14 0
As against L 3G3, Ss. last year,
^tions (Congregational) this year, . 1C4 12 7
As against L.230, Oa. 5d. last year,
ations (Individual) this year, . 88 2 0
As against (including L.500 from Fer-
guson's Trustees) L.727, IBs. last year.
Carryforward, L.3430 15 4
A dctniled and andited report of expenditure will be
^ up at tiic ciuM uf the HuuDcial year, iu Dec mber ucxt
Brought forward, L.8480 15 4
Legacies this year, • • • 759 2 1
As agahist L.554, 16s. 2d. last year.
Contribution from the Lay Association this
year, . . . . . . 460 4 0
As against L.370, 15s. 6d. last vear.
Dividends on Government Stock this year, 138 4 10
As against L.131, 15s. 4d. last year.
Annual Grants from the Duke of Sutherland, 150 1 6
As against L.150 last year.
Books sold by teachers this year, . 130 9 8
As against L.115 last year.
Interest on Account, . • • 10 10 1
L.5079 7 .6
It thus appears that while 938 parishes and chapels
collected last year L.S238y 894 have collected this
year L.2859,— the fidling short being L.379; and
that, while the revenue of last year from all sources
amounted to L.5888, 17s. 6d., this year it amounts
only to L.5079, 7s. 6d.— shewing a falling off of
L.809, I Oil and that notwithstanding the receipt of
a legacy of L.500, which may be set off against the
donation to a similar amount received last year
from the Ferguson trustees.
While thus the iocome has so largely diminished,
the ordinary expenditure has slightly increased,
amounting in all to L.4211, Ss. Sd., as against
L.4149, 168. 9d., to which there fall to be added
the two fixed sums of L.200, payable by arrange-
ment to the East and West India Fund, and L.500
to the Normal schools— in all, L.4911, 2s. 3d. In
addition, however, to this sum of L.500, payable by
agreement to the Normal schools, there is this year
a further payment of L.S91, 129. 5d. It is neces-
sary to explain that this does not arise fh>m any
extra demand on the funds of the Scheme this year
for expenses connected with the Normal schools. The
following is the explanation of the payment:— By
agreement with Government, L.500 has annually to
be paid by the Church as a fixed sum, in support of
the Normal schools,— Government paying a similar
sum, irrespective of grants for certificated students.
In the annual statement, hitherto submitted to Go-
vernment in the month of June, it was necessary to
shew that this sum had been paid up. At the close
ofthe financial year of the Church, April 15, 1858,
there had been paid up only L.108, 7s. 7d., leaving
the above stated balance of L.S91, 128. 5d. to be met
before the end of June. Had no change of ar-
rangement taken place, probably a similar balance
might, at the same date this year, have remained
unpaid ; but the Committee have carried out a pur-
pose which they had formed, calculated greatly to
simplify their accounts — viz., to separate distinctly
from each other the income and expenditure of the
Scheme iu its original constitution, and the income
and expenditure of the Normal schools. Each has
now its separate account in the bank, and if the
Normal institutions continue to prosper as they have
done for the last two or three years, they hope to be
able 80 to arrange as to be able to carry them on
without requiring a further allowance from the
Church than the fixed payment of L.500. In carrying
out this separation, the Committee had of course to
pay up all that was due by the Cimrcli to the scliooUi
at the date of entering on the new arrangement.
With this explanation, then, the following is the
state of the funds at this date : —
Balance from"fast year, . L.3290 0 4
Income for the v^ta", . 6079 7 6
' • L 8369 7 10
Expenditure — General
Scheme . . ^ -L.4211 2 3
East and West India Fundf 200 0 0
Tuid to Normal Schools, . 891 12 5
5302 M 8
Balance in bank, ,
HOME AND FOREIGN UISSIONART RECORD OF THE CHURCH OF SCOTLAND. — Jl'LT 1, 1339.
dom, with fcrrent and perseyerins; supplica-
tion and prayer. Farther, the General As-
sembly enjoin all the Presbyteries of the
Church to hold a yearly meetings, of which
due intimation shall be given in all the Pa-
rish Churclies within their bounds, and which |
the public shall be invited to attend, in order
to atVord to every Minister of the Presbytery
an opportunity of stating what lias been done
within hit) Parish in furtherance of the said
objects; and to give to the persons present,
\iY means of addresses by one or two of the
Members, specially appointed for that pur-
pose, such information as to the progress of
Christianity at home and abroad as may be
best calculated to arouse the. benevolence of
the Christian public, and to maintain their
interest in the prosperity of the said objects.
And particularly, the General Assembly en-
join the several I'resbyteries to require of all
the Ministers within their bounds a distinct
and articulate account as to whether the afore-
said Collections have been made on the Sab-
batiis severally appointed for them, and to
record the report of every Minister in their
Presbytery Ijooks; and likewise ordain the
several Synods to take a similar account an-
nually of the diiij^ence of their respective
IVesbyf cries in tiiis matter, and to enter the
same in their Synod Records. And the
Assembly earnestly urge on their faithful
people, seriously to consider the duty of con-
tributing liberally towards the advancement
of Christ's cause, according to the ability
wherewith (iod has blessed them. The Ge-
neral Assembly further earnestly renew the
authority and instruction formerly given to
the Committees on the several Schemes, and
more especially to the Joint Committee, to
send, as they shall see cause, Deputations
throughout the country, to explain and advo-
cate the said Schemes ; putting themselves,
for this purpose, in communication with the
Synods or Presbyteries, The General As-
sembly also enjoin the several Presbyteries
to send u|) to the next General Assembly an
exact report of the Collections made in each
of the Parishes within their bounds. The
General Assembly order this Act to be
printed separately, and a copy to be trans-
mitted to every Parish Minister, and to every
Minister or Probationer officiating in a Cha-
pel of Ease in coiniexion with the Church of
Scotland, before tlie fourth Sabbath of June
next; and they ordain the siid Act to be
read from the pulpit on the Sabbatii imme-
diately preceding that appointed for the iirst
General Election.
Extracted from the Records of the Ge-
neral Assembly of the Church of
Scotland, by
A. L. SIMPSON, a Eccl. Scot.
146
10 mUs i
Ediiiburi^h,MayZO,im. Sett. 11
The General Assembly of the Charch of
Scotland appoint a General Collection to be
made throughout all the Churches within
their bounds, on the third Sabbath of Jina-
ary, for the Extinction of the Debts aiF^ctin;
Chapels of Ease.
Extracted from the Records of llle6^
neral Assembly of the Church ot
Scotland, by
A. L. SIMPSON, a £al&)BL
OOLONIAL CHURCHES.
Annual Collection, on SahbaLk, lOih Jdj
1859.
No fewer than ten ministers have, in th
course of last year, been appointed to nn-
sionary and pastoral work in the Cok«
Of these, seven have been sent to BriiA
North America, two to Australia, and on (i
Ceylon. Aid has besides been prei ti
thirty-three missionaries and mhusm ii
various parts of the Colonial Held; iBdiair
merous grants have been made
rising congregations to procoR
places of worship.
This very gratifying increase of pnetiaf
success, could not be attained withouiaf>
responding increase of expenditure, icca^
ingly, the outlay for the year has exwU
the Income by about L.2000. In eonda|-
tion of this state of things, '*clie Gad
Assembly remit to the Colonii/ ComauOi
to make an earnest and urgent appei/ to tb
members and friends of tbe Cboteh, for ii*
creased liberality, not doDbting ibat, lii
the urgency of tha case iaex^V^vaedftki^
peal will be cordially responded to."
The Committee, therefore, Tentmnsi-
plore that, in accordance with the
spirit of this remit, the ministers aod*!!^]
gations of our Chnrch wonld funiih"'"
with the means, not of sustaining
but even of extending their opcratioBi
case is extremely pressing in a n'"^
point of view; and it appeals to oar
our social, and often our kindred
no less than to our Christian liberaCQ*
fellow-subjects still and lately oar
men, who hare near relatives in
every parish and in most oC the L
Scotland, are the parties for whom the (
mittee earnestly solicit tbe means of pcvfi k^^
religious teaching and ordinances.
In name and by appointment of the
mittee,
Wm. STEVENSON, D.D., SottthI|,^;
Convener.
ME AND FOBEIGK USSIOHABT BBOOBO OF TU OHUBOB Or SCOTLMD. — JOLT 1, ltS9.
EDUCATIOI SCHEME.
AT, Report to the General Assembly
BY TOE Committee. — iVay 1859.
Committee have pleasare in reporting that the
Ion of the Asseinbl/ schooli continuei to be
respects satisfactory. The number of schools
isent on the Scheme is now 183, being two
;han at this date last year. These have been
ed by 20,525 children, including S005 who
; the Sabbath schools, but are now enrolled as
day pupils ; the increase since last year being
500. This gives an average of 114 to each
: annoal expenditure by the Committee on the
Sfl of teachers amounts to L.a689, Gs. 8d. to
tTB on the first scheme ; L.515, 10s. to those on
icond, and L.136 to female teachers— making
I1.3328, 16s. 8d. The whole emoluments re-
l by 169 of the teachers, including those derived
the other sources specified in the table, were
I ; the average income of each of 112 teachers
9 first scheme being L.50, 68. 6d. ; of eiich of
ichers on tlie second, L.63, 16s.; and of each
female teachers, L.33, 13s. A female school
e parish of Lady, island of Sanday, has been
I to the Scheme, and more recently a new
n has been occupied in the parish of Harray,
a Orkney.
)ae subjects of instruction at one time regarded
her branches, now find a place in the regular
vrork of the most remote and secluded lligh-
ichool. Geography, arithmetic, and grammar
ught to a large proportion of the pupils, while
laments of Latin, mathematics, and Greek are
; in may of the schools. Singing from nota-
I so is slowly but steadily advancing to full
kUion as an ordinary part of daily school- work.
siUglous instruction of the pupils in the Bible
atechism holds a prominent and leading place
teaching of all the schools maintained on the
I bly's Sdieme.
reports on the efficiency of the schools are
able. The Secretary has, during the last
inspected many remote portions of the field
ed by the Scheme, which had not been visited
«iy long period. His reports on the condi-
T each school are preserved by the Commit-
^ are of great service, from time to time, in
ig them to judge of the special wants and
of Tarious localities. In a general summaiy
present state of 174 of the schools, only nine
lerted as indifferent, the others being classified
as good or very satisfactory ; the standard by
they are measured being of course slightly
iiluii that which would be adopted for parochial
I. Desirable as it may be thought that the
ury should be required to examine and report
btiy on the Assembly schools, the pressure of
duties and the state of the funds render it
mry to limit the amount of inspection annually
Bed. With a view, therefore, to keep them-
inore fully informed of the state of the schools,
these cannot be officially visited, the Com-
hare this year issued a special schedule, to be
Lly filled up by the correspondent for the
4uelT» of the attendMice at the Normal ictaools. the
r is irti— that is, ot those who hare attended for w at-
sgtii of time.
school, containing detailed inquiries concerning the
condition of each branch of instruotion.
Nearly one half of the teachers on the Scheme
now hold Government certificates of merit. The
Committee use every effort to fill up vacancies with
none but certificated teachers ; bat the smallness of
the fees connected with a lai]ge number of the more
remote schools, renders it quite impossible for them
always to succeed in their efiTorts. It is not to be
inferred from this, however, that those teachers on
the Scheme who do not hold certificates, have re-
ceived no special professional training — all being
sufficiently qualified and the great minority having
spent a considerable time at one or other of the Nor*
mal colleges.
The scarcity of good Gaelic-speaking teachers
still continues, and the Committee wish it to be
understood that they are prepared to give full con-
sideration to the claims of any promising young men
from the Highlands, who, having failed to take
Queen's Scholarships, apply for admission on the
Assembly's Free List.
With regard to school buildings, the Committee
have to report, on the whole, favourably. A large
proportion of the Assembly schools now fulfil the
Government requirements in respect of accommoda-
tion. In Skye, Ilarris, Uist, and Islay, several new-
buildings have been completed, or are in process of
erection ; but the condition of many of the school-
houses in these islands seems to be as hopeless as it
is bad. The Committee had intended to memorialise
the Privy Council on the importance of giving a
larger proportion of aid to remote island parishee
than what is allowed to districts more wealthy and
populous. But, in a conversation which the Con-
vener and Secretary had with Mr. Lingen on this
subject, the proposal was not received in such a waj
as to load them to expect any good results from a
more formal representation. There can be no doubt,
however, that one great defect of the present system
of administering the public grants, is its want of
elasticity. The most destitute localities arc. in con-
sequence of their very destitution, excluded from the
benefits of the parliamentary grant. The number
of parishes in Scotland which are quite unable, with
any exertions they may make, to comply with the
conditions of Government grants, either for building
or for augmentation of salaries to the teachers, ia
very considerable.
Ip connexion with this subject, it is of importance
that the Assembly should be informed that Capita-
tion Grants will be extended to Scotland next year.
By the Capitation Minute of 3d April 1853, the
rate allowed to the school for each scholar who has
attended 176 days during the ycar,» is—
Number of Bchohuv. Boy. OIrL
Under 50, . . . 6s. Od. 6s. Od.
Above 50, under 100, . fts. Od. 4s. Od.
Above 100, . . . 4s. Od. 3b. Od.
These allowances will be made on behalf of schools
taught by certificated or registered teachers, even
when the accommodations do not satisfy the present
Government requurements. While grants adminis-
teied on this principle cannot fail to improve the
condition of a large number of poor schools, thej
will at the same time operate fiftvourably in securio|t
• Regular attendance U defined to be attendanca for 19S
leguiar attendance U deoned to D6 au
whole days, rabject to deduction of 16 dayi for illcewsr o4btr
■ufllcient canaea, aa attested by the school managm Tfe
forenoon of one day and the afternoon of anolbcr ooanm^
I on« whoU day. . ^
W7
AXO FORSIGK MISSIOKABT SECOBD OF THE CIXUBCH OF SCOTLAND. — JULY 1, 1859.
Training, may be appropriately made on
on.
arding-houBP is to be retj^arded in all re-
part of the Normal school itself. It has
luted with a view to afford a comfortable
and a certain amount of industrial train-
,e female students. The Committee of
3cil had been for some time urging strongly
of industrial teaching as an indispensable
the training of female teachers, embracing
head not only sewing and cutting-out — to
t attention has hitherto been paid in the
hools — but also cooking, ironing, and
HTork. The extent to which their Lord-
disposed to press this subject may be in-
I the following quotation from one of Mr.
Iters The list of successful candidates
I J to differ materially in its order from
i best workwomen, unless the latter are
^eed— much farther than they are likely
xid their competitors in all other respects."
Committee were not prepared to give
ches of cooking, ironing, and household
prominence as to admit that, by pro-
them, the classification of female teachers
" to be regulated. They felt that if such
3 were given to them, it might lower the
which the female teachers were drawn,
3 materially the amount of literary and
1 cultivation conveyed at the Training
If a disproportionately large number of
e assigned to such branches, the inevitable
>ld be a diminution of the time set apart
. cultivation— a relaxation of effort on the
of teachers and students—and of course
. deterioration of the body of female
The Committee fuund also, in the cir
iB and wants of this country, a practi-
on to this conception of a female teacher's
for they were well aware that while great
to be attached to skill in sewing and cut-
inasmuch as every female teacher must
considerable portion of the scliool-day in
traction in these important subjects, prac-
ling in the other departments of domestic
B would be of comparatively little value
students obtained the charge of schools,
or three schools, in point of fact, have in-
istablishments attached to them. Expe-
oreover, seems to point to the conclusion
oking and washing establishments are to
ed to the female schools of the country,
I of these schools must contemplate a much
Llay than is generally supposed ; and that,
' this expense has been incurred, an Indus-
on is required, in addition to the ordinary
icher, whose time is fully occupied with
subjects of daily instruction,
ot be too strongly impressed on the Assem'
he character of the instruction to be given
nentary schools is determined by the course
; at the Normal colleges of the country ; and
necessity of attending carefully to these in-
nstitutions, and of guarding against any mo-
of the course of training which might tend,
! hand, to lower the character or status of the
or, on the other, be the means of sending
srs who failed to supply the requirements
pie. It is in this spirit, and for the reasons
to above, that the Committee — while of
hat practical instruction in cooking and
essential to every young woman, and is to
•achcrs especially most important, as en
itn more efficiently, through book instruc-
herwise, to influence the habits of the dis
yhich they may labour— have thought it
to urge the necessity of maintaining in due
prominence the literary education of female teachers.
The fact is, that the acquirements expected both in
mole and female teachers in England are much be-
low what have been always found necessary in thia
country, where the labouring and middle classes of our
niral parishes are taught to};ether. Their Lordships'
term of " schools for the poor," however applicable ia
England, both as a description of the elements ry
school, and as suggesting the principle on which in-
struction given in them is to be regulated, and the
status of the teachers is to be fixed, has never been
recognised among us. Accordingly, the principles of
administration which may be found to suit the cir-
cumstances of England, may sometimes be found to
require modification when applied to Scotland.
But, while thus tlie Committee felt it necessary
to guard themselves against such a modification of
the course of training as they felt would lower the
class, character, and status of female teachers, and
tend to disqualify them for meeting the requirements
of the people of Scotland, they were most anxious, at
the same time, to meet the views of the Privy Coun-
cil Committee, and to provide for instruction in do-
mestic arts — the importance of which they by no
means undervalue— so far as they could consistently
do so with a due regard to the general mental culture
of their students. Accordingly, while sewing, cut-
ting-out, and book-instruction in household eco-
nomy, have for some time received great attention
in both the Normal schools, in Edinburgh all the
residents in the Boarding-house receive systematic
instruction in cookery, ironing, and household work
— this being one of the objects which the Committee
had in view in instituting a new boarding establish-
ment.
The principle of admission to the Boarding-house
can be very shortly stated. All who seek admis-
sion being already members of the Normal school,
have passed the necessary examinations in religious
and literary knowledge, and have produced satis-
factory testimonials ol moral and religious charac-
ter. As it is necessary, however, to exercise
some check on those thus admitted, the Rector
and Secretary are required, by a minute of Com-
mittee, " when any applicant for admission to the
Normal school is not certified to be connected with
a Protestant evangelical denomination, or when
they suppose him or her to hold opinions which the
Church considers to be heterodox and unsound, not
to grant him or her admission, but to notify the
fact to the Committee, for the purpose of receiving
their instructions." When those who have been
enrolled as students in the Normal school further
desire accommodation in the Boarding-house, they
are required to make a special application to the
Secretary, enclosing a testimonial from the minister
whose church they have attended. If this is found
to be satisfactory, the applicant is admitted, subject
to the following rule : — That in the event of the
number of the female Queen*s scholars, or other ap-
plicants for admission, exceeding the accommodation
in the Industrial Boarding-house, a list for admission
shall be prepared by the Convener and Secretary, in
conjunction with the Ladies' Committee, which
shall be laid before the Acting Committee, with tha
reasons for selection; it being understood thaty
caterit paribtu, girls belonging to the Church of
Scotland shall be preferred.*' The following are the
regulations put into the liands of the applictnt,
along with a schedule of queries to be answered:-*
Regulations of Hie Industrial Boarding^houu in eoit^
nexion with the Church of Scotland Normal SehooL
^ 1. The object of the Boarding-house is to afford
to young females, while under training at the Nor-
mal Institution for tlie office of teacher, a respect-
able and comfortable home; the advantage to be
149
/
J ': . v'.
IIOMG Xm FOREXtiX XHSIOKAXT BBCOBD OF TUB CHDBCH OF BCOTL^HD. — ^JOLT 1, 1S59.
W'.illarotown Cbnrch, Dundee, the forenoon attend-
ance \* between 600 and 700, and that in the after-
iKHMi ran;;cs from 880 to 1000, and the commuiii-
oAiUH have increased from 318 to 360. At Sauchie,
the I'onmiunicants hare increaied from 181 to S58;
in S'. Mark's Church, Glasgow, from 345 to 373 ;
at Wtxulside, Aberdeen, from 302 to 325; in
Ihv^ (iaelic Church, Perth, from 154 to 177; at
Kin ni II month, I«onmay, from 377 to 398; in St.
iJaviil*!* Clmreh. Kirkintilloch, from 197 to 232
at Tiiornton, Markincli, from 140 to 174; and at
Arnslu'cii, Colmonell, from 149 to 185. At Cal-
derwaterhcad, in the parish of Bhotts. where a
tLinptirary place of worship was opened in Au-
gust lust, thcro is now a congregation of npwards
of .'lOO. So successful hare beeu the operations
of the missionary, that he lias recently received
urdination. In the East Church of Brechin, the
con^Ti iiation has increased by 100, and now num'
btT!' :<.'>(!. At the mission station of Lunasting,
in Slu tland, where the sacrament was lately dis-
ponsi tl. the communicants numbered 210; and at
the station of Whalsay, in the same parish, the
comnninicants at the last dispensation numbcreil
32'3, being *J0 in excess of the number on the pre-
vious occaaiun. Other instances of steady progress
an'l advancement might be cited.
In connexion with the chapels on the Committee's
list, the establishment of Sabbath schools— whicli
ari- greatly on the increase both as regards the
niiinla-r of schools and of the scholars in attendance
— continues to give great satisfaction, and has bi:cu
followcil with the most beneficial results.
Viiur Committee have further to report that, as
already indicated, they have recently visited,
through deputations, most of the chapels and preach-
ing Ktuiions receiving aid from their funds. This
step wan considered advisable several years ago, and
on l.'Uii February 1856, on the motion of tlic former
Convener, "It was agreed, on the nomination of the
deputation which it is proposeil to appoint for visit-
ing; various chapel districts with the view of more
sati>ractorily ascertaining the present condition and
pros|)ects of several places of worsliip in receipt of
assistance from the funds of the Committee, to call
special attention to certain items of expenditure,'*
and iJllier particulars referred to in the Committee's
minute (jf that date. Nothing further was dene in
tlic matter till June last, when circumstances
forced on your Committee the necessity of Gom<
incncing tho visitations without delay. After due
notice, a motion to that cfiect was made and unani
niuusly agreed to, and a sub-committee appointeil
to mature the scheme for sending out the deputa-
liouH. 'J'hat Committee reported as follows
" That upon carefully examining the annual
schedules at prcsent in use, these seem so full as to
render nny further queries unnecessary. But it
api ears to the Sub-Committee, that each deputation
should liring along with it a schedule for each
chapel visited, and should have the answers filled
up on tlie spot, in such a manner as it may deem
snti^factory. The members of the deputation would
thus ho nblo to obtain distinct information on
various points about which it cannot be so well pro-
cured through corrcppondence.
**Tho Sub-Cominittce would recommend, that
the deputations slu;uKl hold eeparate conference
■with the mini.-ters or nii^sionariv s, and wiili the
tli:i])el nianatiers, tliat tlay nmy thu-* Jiscerlain thi
viiws of each i«f the'c ]'arties wlnle unliaaipind b^v
tl.o I•re^clu■^• «»f tl.e < lln.r.
"It is the opinion of tl-.e Suh-C.-niniittee, that
the d«-put;itior,s -Ii'imM 'i; eviry ea^e ur.ui' tin- al-.-o-
liitc iu(\ »->:iy ••t" l!'.' i:'ji:< st (condWiy in a.l ii-ei-
dcr.tal ex]Kn !ilure uicled \vit!i thi- j>j«\ii.entol
the pn •"■liter.-, Ka llc-, Ov-.*., us ^ucll e-vcudilure
158
mnit neceuirity enter largielj Into tbeconiideradda
of tlie Committee in fixing the amoant of their
grant.
' The Sub-Committee farther think it reqnisita^
that the depatationi ehonld, in as delicate a Dsnaer
ai poMihle, impreas apon all parties responiible for
the management of the chapeb» that those who
rifliciate in them miut nerer be regarded io the
light of aaiisunta to the parish miniater ; that tfadr
spheres of exertion must be kept wholLjr distioc^
with a Tiew to the chapela being as apeedily u ps^
sible oonTerted into pariah chorchea ; that the Sab-
bath schools and district Tiaitations snperiaMBdsd
by the chapel miniater, shoald not be amslgsisitid
with those of the parish minister ; and, is p»-
ticular, that the supply of reiigions ordinsnoes ia
the chapels should be quite as regular and nnfirf-
ing as in any parish chorcb.
"The Snb-Committee suggest, that the depots-
tions should represent it as idtogethcr iaooosisini
witli the conditions on which grants are madefroB
the fiind, that a chapel should be thrown tscsdi se
any occasion, in order that the church of the parish
in which it is situated maj not be without imiea
The Sub-Committee conaider it extrenely di-
sirable, that the deputation should eofoite npai
those connected with the chapels, the great import-
ance of accomplishing their endowment with the
least delay practicabte, and ahould point out sod
explain, that in the general case no Gospel oosbt id
he regarded as a permanent burden on ciie Hsbi
Mission : and that in the erent of there being so
prospect of its either ultimately proTing sdf-sap-
I)ortiDg, or of its being endowed, the grsathiihatD
allowed may not be continued. The exoepuoaai
cases may be regarded as comparatiTdj few is
number.
"It occurs to the Snb-Cmnmittee, that mtA
good may reault from the deputations cailisf Ikt
attention, as they best can, of rariioas presbvMMi
and parishes containing diapels for which Iflil
sums are annually voted, to tbe inadequacy of thdK
contributions to this fund ; and that more JibenI
collections for the Home Mission and the other
schemes of the Church ahould be seUeitsd fiom
some of the chapels themaelrea."
In accordance with these instraetiont, depeti-
tions hare already visited 75 chapels, upon csefeif
which a very full and minute report haa been gms
in. It is the intention of your Comnuttee to oMh
plete the work with the least delay possible^— op^
riencc having confirmed tlieir cooTiction that Am
visitations are productive of great beoefii. WhBt
abstaining from s|)ecifying particular cases till dll i
visitation has been concluded, they may chMi ii [
results of the inquiries under tlie following hvdi!- i
1. In a number of cliapels wliich for a *^*J
years have obtained grants towards the rappf*^* J
their ministers and missionaries, the Home I" ^
work is most vigorously and succevfuUy pnis
Without tlic assistance of the funds dipcosii \
your Committee, religious ordinances cualdi
have been maintained in these places, sod flf I
time it may still be imperative uiion the Cbonhf
continue, and in some instances even incresK^id'
2. In the case of other chapels the isciM
expenditure is larger than it ought to ba^ esij
ilung hut strenuous local effort appears i
to render tlieni self-supporting. Tliat effort
yet been put torth, and your C'umniittee ktia
that it Mouhl he greatly i)r()n)oted by un isli
to the i»artics concerntd, lliat the lui:iis of J
( 'oniniiitee were ntvcr dchif^nid to fiupemd<il
exertions!, ami that your jirants are oniv So btl
pw tid vl'.ire they are al .-olulely i.t,^ J^d*
a. In not a few instances, cl.apdj, ,,|, il.plisi
your Committee miglit be easily couvcrici
AKD VOOEIGK MISSIONAST BEGOBD OF THE GBU!
j.~JULT 1, 1859.
rchetif the FroTincUl Endowment Scheme
y wrought out in the districts to which
g, and the requidte supplement cootri-
those more immediately connected with
> time sliould be lost in conveying the
that if such chapels be not speedily en-
>y cannot remain a burden on the Home
with deep regret, that your Committee
)vered various cases in which, from the
oess of the cha()el minister or mission-
Q a proper district not having been as-
lis labours ; from public worship not being
at the regular hours ; or from no steps
in taken towards ordination, or even the
m of the communion, the granu liitherto
failed to produce adequate results, and
therefore, unless the evils complained of
stely reme<]ied, these grants should cease,
ion of Presbyteries and Synods should be
&lled to these cases.
s come under the notice of your Com-
it several chapels erected by the Church
entirely shut, or occupied by other de-
is, although situated in localities where
rtoral superintendence is highly desir-
opinion of your Committee, this state
should be no longer permitted,
deputations have reported, that several
d in great need of church extension, and
St applications have been made to them
g grants in supplement of local contribu-
ur Committee can scarcely overstate the
' some of these appeals, or their convic-
if they be not responded to, the Church
fail in her duty, and sustain serious in-
i population of Scotland, especially in the
id manufacturing districts, is increasing
lous rapidity ; and in these circumstances
al Church cannot but strongly feel, that a
ite increase of her ministrations is impe-
lled for. That the funds of the Home
ly be adequate to meet the call thus made
I, it appears indispensable that the list
at present receiving aid should be purged
idicated, and that the otutributions of the
the Scheme sliould be greatly enlarged.
I occurred to your Committee as deserv-
|oiry, whether the chapel at Lybster,
t summer, the Gaelic chapel at Perth,
- two others, might not be transferred to
Bounty Committee.
thus endea^'oured to furnish your Vener-
I with a general view of what they learned
deputations, your Committee would rc-
express their persuasion, that if the
on which they have entered shall be fol-
to its legitimate ends, the time is not
en both Church Extension and Endow-
receive an impetus in connexion with
^Is which will greatly change the position
f improve the tffldency of your Scheme,
'cspondence, notes of information, copj-
linutes connected with these deputations,
red your Secretary in a very large amount
lal labour and trouble, which he has most
undertaken, without any promise, either
or implied, of increased remuneration,
iwever, ileni.inds, that for the perform-
tra work not falling within the sphere
/ as Secretary, he should be fairly remu-
id the Committee have accordingly made
jwance (fixed by the Sub-Committee on
or such extra work,
and by appointment of the Committee,
'i. J. CKAWFOKD,
Convener.
DELIVF aNCE of THE OENERAL ASSEMBLY
OS THE FORSGOIKG REPORT.
At EdiBbnrgh. th« Twent/.rigtath dqrof Slay, 1
BIghisea hundred and fiftj.ninci
Whleb daj th« Gtneral AuembW of tht Ghuroh of Scot-
land bains °>«t Gonttitated, uUer alto, called for ibm
Report ot the Hone Miiakm Committee, which waa given
io and read by Dr. Crawfbrd. Convener, and leTeral meiubcra
were heard on the eubJect It i«as moved by Mr. Gray, ae.
conded by tAt^or Baillie, and nnanimouily acrced to. thai
the Keport be approved and adopted, and that, while th»
General Aascmbiy. on the one hand, deeply lament the large
deficiency of inc<iroe to meet the reqnircd expenditure f<Mr
the paat year, they regard, on the other hud. with th*
hlgheit aatiafaetioii, the ezten^'«n of the operationa of the
Cumndttee. Tlie General Aaac ^bly agree to record tu the
Convener and the Committee, the warmest thanka of the As.
aeuibly for the fidelity and ability with which they tiave
diaoluu^ed the highly onerous trott committed to them ;
re-appoint the Committee, vtith power to add to their
numuer, — Dr. Crawford to be Convener ; and as it is of pa^
remount importance, not only to make proper proviaion tor
maintaining in full efliciency the numerous chapels and
mission stations requiring, to that end, considerable assist,
ance from the Church at larcc, but also to meet the applica.
tions for aid in new and clamant cases, and moreover to
extend the operations undtr the Church ]3nildinK Branch
of the Scheme, in many nccea»itous districts in which such
provision is urgently called for, involving an expenditure
greatly beyond the ordinary iucome of the Scheme, the
iieneral Assembly nioit anxiously and afiVctionately recom-
mend to all the ministers, members, and friends of the Church »
to give to this great and important miasionary enterprise,
into which the stiength and well-being ot the Church, and
the most momentous interests of the country, are so inti*
mately united, their fervent prayers and largely increased
support. Ic waa further agreed, m order to meet the excesa
of expenditure during the past year, and to enable the Com-
mittee, in some meaaure, to provide for the extended ope-
rations which they are so pressingly required to undertake,
to authorise an extr» collection to be made in all the places
of worahip in connexion with the Church betwixt and the
next sittings of the Asj^embly : and to remit to the Joint
Committee nn the ttohemes to fix a convenient day for such
extra collection.
Extracted from the Recorda ot the General Assembly of
the Church of Scotland, by
(Signed; A. L. SIMPSON, CI Eccl Scot.
FOREIBI GORRESPONOEIGE COMMITTEE.
A Monaiettr h Mod€rateur et a VAttemhl^ Giniralt
dt VEgliu Presb^terienne Etablie d*Ecout,
Chers et bien aimes frdres en J^sus- Christ, — Aa
milieu des circonstances solennelles dans lesquellea
se trouve notre Kglise, le Synode de TEglise Yau-
doise, rassembie a la Tour, sachant que votre As-
semblce sidge aussi en ce moment, ^prouve le besoin
de reclamer tout particulicrement le concours do
▼OB pri^res.
Nous Savons de quel amour tous etes animus pour
nous ; en maintei occasions tous nous en avez donne
des preuves, et cette affection nee de la communaute
de la foi entre votre Eglise et la notre, fortifioe par
la communaute des priucipes et des formes ecclcsi-
astiques, est r^cipruque; et, c'est parceque nous
rC'prouvons vivenient que dans nos moments les plus
solennels et les plus critiques, aprds nous ctre
tourncs vers Dieu, nous nous tournons naturelle-
ment vers vous.
A I'heure oil vous lisez ces lignes, nos villes et nos
campagnes sent dcsolees par la guerre, et le sol de
notre patrie est arrosc du sang de ses defenseurs.
D'un moment a Tautre nous attendons une de ces
grandes luttes,oil des miliiers d*homnkessuccombent.
Quant a I'avenir, Dieu scul Ic counait. Tuur nous,
sans nous laisser dominer par des considerutiuns
politiquis, nous attendons avec confiancc; et lo
ca?ur tressaillant dVspoir.
Ju^qu'a ce que notre Dieu, qui est rEtornel des
arnices, nous eut revel 0 ses dcbbeins u Tcgard de cotre
patrie, nous nous sentons prtsiscs du suivre en CHprit
par nos priores instantes notre Koi, notie armcv, et
nos allied dans cctte lutte, ct de di'Uiander a nos
liercs de joindre leur pricres aux i.uiri'S pour que
Dieu fasse triCmpher la justice et le droit en Itulie.
Kous ne craiguons j us, que uoslieri-s du Iluy-
4
'w
'I
► •
ir.
V
10!
i
lier, m ^ecWent ncutn^P difii cwtte siiinlc* cniiac,
Us pffini.ri'nt parti \\\c\i iiotw, doui l-^ij *i?[niii[i-3
•nurd A t ilft appf oiiT^ron t n^^ dij^in, ill partAt(<Tont
me l«i rt; I ut d a (%t te cr L t4 T r ^ h t^? ai>H d^o t&bl ir en
lUlis M UbH&ft£ citlle el roilgieiu«> «l d'^jarrtf d«
BltHtdt Dotro Ek1<*«^ tollielt^a par de apuTeaiiT
Toyer de nmiTCinx ouTriers pi^ur pfndiimer U bonne
BdoDW ; QOi fir^fet dTooue TiendronI abrs h iKitfv
aidejK oaas es mrotm Ift is(iaiAiie% tt WMttiaiiiml4e
leurt ^fmpathi«i et ie Imin imtm Ml4Md« mm
onara el not lirii..
C*^eal ceEt« AMDrAncx\ chera ot bien tim^i ^dte»i
^ai mous A partes t-ous ntlreaner c^b qiielqucfl' mottif
tionill Mfetr— An noni if^ynnile,
XiM Pte«id«&l, J, I^, HtsvMiii
Lc
mmMm^ La T&ttr.
H ' r 1 . 1 1 r 1 n btl rs F ed Bn? tlit^n in Chriat Jeiuif
—It ' ri t JiiiiTi*! of the d<?opest interefi and to-
lemuitv that, ubilc gathered together in General
As9^nMff tifivL' n rjeiT^d tb0 Itftt^^rof vuur much
eateooied FreiidenC, ^rittro to us iu thv aiima of
your Sjnod.
At any ttme, ftn4 Under ftoy drcitmiUncett b«-
lorecJ brethren, a lelterfrmn you would hare been dear
to m ; fyr iff on tbe ane band, we hmwe to rejoice in
the uuitv of our enmmon faitb^ And In tbe like new
of thoio ^rr^ at priiicipleH l^i cSesitastical Conititiw
tion vhidi distinguish our cc^mmunioui, eOt oa the
other band, we can nevfir forget Ihe vtiaiai wbkti
you have borne to tlwl IkUli Mid to ttiM pnodplet
with mora thaa ^fi^tmxf ooQitaac^a tod AsyUil fur
gteamthm *' '
If vt tfiotild ttini bave w«lea«ited » tetter
roti at tinj time, bow tnn^b mom ttittit we Reehi
oru.' "vlth cordial irKer^ wheo the hatton of
wnt are a^ain mv^gux^ \hiLi fertil« t'bltti of ^flV
natire laml, and ^hen, uncerUin tJ to tteiMMtf
tbe fiitiire, your hearts might ho tn di^tf df
trembHiag Ibr that ark of God which baa beaai^
tmaled to foat oare.
But^ hirf!tbn?n, bo onfliVi^nt sn^S f'?*»r not. Ttet
God who b&S s^^.'hVKTvnl >MLJ, k'-id h[|1)«Jw||%
snd eterv who nj.ik^'* '".hi.' v. r-il^i, "i V)
mm, will iT, rir^-i lli^ ■ - '.r.^r Vnij
ThroOfib tiie fl^Lrk 4^LuuiJ« w^kIj iHiv hangartf
ooimtrj, wo truit that wo oon diaoem cfao
of ft Inigbtir day tb»i liat oTor yet
Ital/. We tenturo to Tfrmmd yon of thi
and Ihc suflrnngi of your m arty mi f,
w@ tberisb the ct:>nfldent atniirAMLX' that
t;'han0.*ftblie j*"hLn'4h who did i;f«^i*i ihis.c* faeih«
to ihe da/a of i>Ldj will gire yuu, tiit^r i2hiy7lo,lW
loia a oobte apirlt to |>opeevoje^ and Is Bll an
eaoie a tkO len mntnpliaot Itaue.
Afi^ated bj tbU Ksauran^ wm i4falB#liBi
that yoo are even nov^ watcbtiiir fiir Ibaoftttevp
of fresh fields of Ubour la tho senric?e of ottr^tioe
Lord and Majtcr^ an^J that yon a.re re id i t<A tsmbriA
e^rery opportuni^ of estt^oding th^ bletmnp of Jiii
glorioua kiogdocn aAong ilioae of jam
couDiryineti wllo tiafe Iweii ao loqg bowid
th# joEfi of Bome«
Balioreiitr dear brethren, that, CTj^agv
thoflinHltof ATmifibtv Got. so much *econi|-i©
own iilind bciEiie, vro f^'i i Uj'j nior? b.-un^ to Wilefc
wilh amciooa intercut jour progmt tbrvQ|b Ihil
momauloDa atrnggle in the miilil of whkb yew >ia
at thia nMmical ptaoed, tliat wo ]«*echo jmn ^
slrei aod ahate joiu- hopes, tliat we «baU often td
eamettly bear you upon our hearts hdm
throne of graoOi aud that we ahall tmmedliaibj
jojrtillj trail am it to jou wh^teTer matenal m
niaj obtain £rom our people on yont befiatC
United to you in thobooda'of omt
Chiiit, your Locd aod oort« we b
li«lof ed ImHam^ Tom fo all alaoil«a«ad
3omM Ooom, OJk, JW
I. Balance ^ to 1910 6d^e at Aptll 1S£6^
8am, per Abitmct gf litst YtMt,
IL Income of tbe Scheme for th*j Year ending
15th April
Sain, . . . Csm « 0
JVMf .~Vrnm ITO Vviilua no Ooi^
tributtoni toylamjriiitialt
11. AnnuaJ f^ubst ripliii, ' ,
IlL Donatiudfi—
1. From PfiTtri^blAl, Cotk-
2. From UuUridmOi, . « i 0
IV. Levitt*.
V. Contrtbutloti from Lxj AlMMstvtlon,
for tbtt jtu- Le>H.£.9>
VI. DiTidtfBda mi L 47 ITr g4. Qtitern.
VIT. Annujil CmtitH from tb« OQfea of
SutbirUnd for BchuoJi. ■
VIII. Ibterflal oa Suji AecDunt.
Tu a 1
Mi 4 l>
W 410
ISO r a
1" M 1
160
ASBTBACTS of Olo ACCOUlfTS of tfaa SCHEMES of the CHUECH t^f SCOTLAKI^ J
4
Ii SifeDdltiife on fho Qaiieii^ \
the Tear ending ISth Aft^ liSd—
t* Eap«Din rfelitlfa ta ichaola^
VOIfiNMlilMtneB,
A(STftticts t»n ftpooy nt of n#at 1
GrMtJtH to WUlQw Ktt late Tfmtl
1*
to StfiT blM.
jropDi-tlo« aharf fable uy^Q ^ £,;,
H03US AND FOREIGN MISSXONART RECORD OF THE CHURCH OF SCOTLAND. — JULY 1, 1869.
HalM. Females. Total.
ance, having been pnpil-
teachers, . . . 29 4 83
Queen's scholars, in the se-
cond year of their attend-
ance, naving been Queen's
scholars during the first
vear of their attendance,
but never having been
pupil-teachers, . .0 1 1
C^ueen's sctiolant, in the se-
cond year of their attend-
ance, having during their
first year been on the Free
Li<tt of the Education Com-
mittee, . . .2 0 2
Students on the Free List of
the Education Committee, 9 0 9
Students attending at their
own expense, . . 0 SI 84
Total, 67 71 138
Bni.T8 of ExAMiN4Tio!i fof Certificates of Merit
in December 1858.
Students Students
Males. _ , ,
1st year. Sd year. T<ttaL
Bber rated in the First Class, 4 9 13
Second do., 88 7 45
... Third do., 9 2 11
Schedule, 0 0 0
... irho failed, . .2 0 2
Total number presentctl, 63 18 71
T,B. — Every student tiiat had attended ten
iths was put forward for examination. Forty-
B male students received prizes for excellence in
wing-
Students students
Females. of the of the
*E3iAi.ES. Istvetf. 2d year. Total
mber ranked in the First Class, 2 3 5
Second do., 7 7 14
Third do., 2 3 5
Schedule, 7 0 7
... "who failed, . . 1 0 1
Total number presented, 19 13 32
Results so satisfactory as those set forth in tlic
^wo tables require no comment. They never-
M call for renewed expression of my heartfelt
Ration to the different teachers for the cordial
and ability with which they discharge tiieir re-
vive duties ; and to the Committee of Managers
Iieir uniform support and countenance in carry-
t nto effect whatever seems fitted to promote the
Interests of tlie institution.*
•* Jos. Douglas, Rector.
" Glasgow, Bth May 1859.
By authority of the Sub- Committee, the above
»xt by the liectur has been approved of.
" Jas. Cbaik. D.D.,
Convener of the Sub- Committee P
Funds of the Scheme,
t e Committee regret to be obliged to state, that
^ has this year been a falling ofi^ to a large ex-
in the income of the Scheme, — the deficiency
King all the ordinary branches of revenue. The
cstion from 894 parishes and chapels amounts to
S9, 6s. 9d., as against L.3238, 8s. 6d. from 938 I
cshes and chapels last year : —
L.2850 6 9
K.4il Subscriptions this year, . 318 14 0 ■
^s against L 3G.'{, 83. last year. |
>-'Abns (Con;;rf;;ati«)nal) this year, . 164 12 7
Asajjrainst L.'JHn, d?. 5d. last year. '
►"•ions (Individual) this year, . 88 2 0 .
^ aj^ainst (including L./iUO from Fer- (
icon's TrutftLos) L.Ti'T, ISs. last year. !
Carry forward, L.3430 15 4 ^
• «JetHilcfl and amllteil report of expenditure will be
at tUc cii)AC ul iLc Uaancial yvdr, in Dvu uiber ucxt. |
Brought forward, L.8430 15 4
Legacies this year, . . . 759 2 1
As against L.554, 16s. 2d. last year.
Contribution from the Lay Association this
year, . . . . . 460 4 0
As against L.370, 158. 6d. last year.
Dividends on Government Stock this year, 138 4 10
As against L.13I, 15s. 4d. last year.
Annual Grants from the Duke of Sutherland, 150 1 6
As against L.150 last year.
Books sold by teachers this year, . 130 9 8
As against L.115 last year.
Interest on Account, . • . 10 10 1
L.5079 7 6
It thus appears that while 938 parishes and chapels
collected last year L.3238, 894 have collected this
year L.2859,— tlie falling short being L.379; and
that, while the revenue of last year from all sources
amountet] to L.5888, 17s. 6d., this year it amounts
only to L.5079, 78. 6d.~shewing a falling off of
L.809, lOs., and that notwithstanding the receipt of
a legacy of L.500, which may be set off against the
donation to a similar amount received last year
from the Ferguson trustees.
While thus the income has so largely diminished,
the ordinary expenditure has slightly increased,
amounting in all to L.4211, 28. 3d., as against
L.4149, 168. 9d., to which there fall to be added
the two fixed sums of L.200, payable by arrange-
ment to the East and West India Fund, and L.500
to the Normal schools— in all, L.4911, 28. 3d. In
addition, however, to this sum of L.500, payable bj
agreement to the Normal schools, there is this year
a further payment of L.391, 129. 5d. It is neces-
sary to explain that this does uot arise from any
extra demand on the funds of the Scheme this year
for expenses connected with the Normal schools. The
following is the explanation of tho payment: — By
agreement with Government, L.500 has annually to
be paid by the Church as a fixed sum, in support of
the Normal schools,— Government paying a similar
sum, irrespective of grants for certificated students.
In the annual statement, hitherto submitted to Go-
vernment in the month of June, it was necessary to
shew that this sum had been paid up. At the close
of the financial year of the Church, April 15, 1858,
there had been paid up only L.108, 7s. 7d., leaving
the above stated balance of L.391, 128. 5d. tobe met
before the end of June. Had no change of ar-
rangement taken place, probably a similar balance
might, at the same date thit year, have remained
unpaid ; but the Committee have carried out a pur-
pNOse which tliey had formed, calculated greatly to
simplify their accounts — viz., to separate distinctly
from each other the income and expenditure of the
Scheme in its original constitution, and the income
and expenditure of the Normal schools. Each has
now its separate account in the bank, and if the
Normal institutions continue to prosper as they have
done for tlie last two or three years, they hope to be
able so to arrange as to be able to carry them on
without requiring a further allowance from the
Church tlian the fixed payment of L.500. In carrying
out this separation, the Committee had of course to
I pay up all that was due by the Church to the schoola
at the date of entering on the new arrangement.
With this ezjtlanation, then, tlie following is the
state of the funds at this date : —
{ Balance from fast year.
Income fur the vdsr,
I Expenditure — General
I Scheme . . j^"
! East and West India Fundf
l^iid tu Normal Schools, .
L.3290
6079
4
6
-L 8309 7 10
L.4211 2
200 0
891 12
5302 14 8
Balance in bank,
L.30t'6 13
103
2
HOaiB AHD
I^SbIGV KISSIOVABT BKKVBD or TBX OBDBCH OT fOOTLAHD.— JULY 1|
BFOQfllt wFWSPBg
V. Sams Borrowed firom "InTaiid Fuad.**
Amoant • . • . •
a 4
38715 •
: IraovTHiCHARGB
SisehMxg*.
I. Expenditure dnriog the year ending 15th
April 1859.
L 0635 17 4
I. £zptiu«8 of Mlnloiuiry EftablUhmrati— *
1. At Cakntta ....
2. At Bombftj . . . •
3. At Madru ....
>L.in59 A ft
810 15 4
'II. OatfltndPaMis«.Moiie7of Mr. OnnttoBombaj 117 0 0
in. Grant by the CommittM to the Rot. W. White on
hU return from lodla . B't 0 0
IV. Expense of Stamped ReMrrft for Indl% 15 0 0
V. Sunu paid to Maem. Paton and Ritchie fbr Copiee
of MiatUman Record for gratnitouo ciroolaUon
amonff the OhtKj, &o.,—
Proportion paifable bj this Scheme . 33 9 10
VL Schemes' Ofllce— share of Rxpeaaee—
I. Of CoDeetor's and Officer s Salaries L.27 6 8
S. Of Taxes, Coals, Gas. &e. . Id 14 8
3. Of Printing, Books, and Stationery 8 8 4
4. Of despatcntnn Record monthly to
Clergy and others . . . S 11 6
5. Of Postafes and Inddents • 4 13
4S A A
VII. Printing Arnioal Report
VIII. Printing Notices of Annoal ConeeUon, &o.
JX. AdvertlaioK
X Expense of Transfer of Royal Bank Stock
XI Exchaore and Bank Cbarffes on Remittanoet
XIL Postages and InoidenU-
L Postages and Incidents iocnrred in
the yeneral manafpement of the
Scheme (including Contener'a
TrareUing Expenses, &c.) L.41 16 5
m 9 7
3318 9
9 0 0
4 0 0
9 9 7
nATBOFFnnis,
L General Fnnds^
Balaiif on hand as abor^ •
n. Inyalid Fund—
GapifeBl Stock of the Royal Baidc .
JToto^The smaU BaJance of L.l, 6s Id.
the Bank on this tad will be
future Dividends.
IIL Mnmj Fond—
1. Oapltal Stodc of tho Royal Btak LjB
2. Omital Stock of the Britlah LiM
Company • . . • 3
IV. Crichton and WlUoa Fond —
▲msont faiTittedin BaRmiy Debeatvn •
S. Expense of despatching Notices of
Annual CollecUon .
3. Annual Allowance to Mr. M'Callum,
Glasgow, for despatching Circu-
lars, &c. ....
1114 0
6 0 0
XIII. Expenses of Vanagement —
1. Allowance to Financial Secretary
for the year to 15th April 18M L.63 0 0
S. Allowance to Secretary to the Act*
ing Committee for ume period 25 0 0
3. Allowance to Auditor and Account-
5811 2
For Anditing, Framing,
and Reporting upon tho
Accounts for the year
ending 16th April 1»8 L 12 U 0
Froportion of General Al-
lowance for Auditing
Collector's Books, &c.,
for the current year . 2 12 6
:15 4 6
103 4 6
Total ExmoiTUBK for 1856-60 L.3352 10 2
II. Balances due to the Scheme at 15th
April 1859.
1. Balance in Bank . L.S322 0 8
II. ContribuHon from " Lay Assodatioii,'
for lb58.59
161 6 6
-tC83 7 2
Bust or THs DISCHARGE
L.663S 17 4
n.-iHYALiB pmn).
Charge.
I. Balance in Bank at 15th April 1S58, per Abstract
of lARt Tcar . . .... L.^
II. Dividt-nds on L.3C00 Stock of the Royal Bank of
Scotland —
Due at MidJinmmpr IfloS . L.87 15 0
Due at ( bribttuas l8o8 . . 88 2 C
IIT. Tntorost on Bank Account at ir>th April l^hO
IV. Balance due to tho Bank at ITith April 1859
2 0
75 17 G
2 1>) 5
1 5 1
L.3S7 li 0
Discharge.
Loans to Cencrnl Fund-
On isth N.)V»Mr.l>cr iH'jS .
On 10th January 1859
L .T>0 n 0
S7 l.S 0
;Vofe._The AdvancoR to the General Fund now
amount to L.837, 158.
1G2
la-HOHE KISSIC
Charge.
L Fandi on hand at 15th April 1858.
Amoant, per Abstract of last year
XL Income of the Scheme for the year enfi
15th April 1859.
L CoUectiona and CotttrtbatioBa—
fYom 967 Parlahea said Chapels LJI
Abte No Cootribatiova baTe bam
received from 148 Panshos.
From Paro<^iial, Concregatiooa^ aai
Missionary Aaaociauosis 1
From Indindoala . . <
II. r.egtcies . . . . T
III. Contribution from - Uy Aasoefitie^,**
for the year 1868.U . 3
IV. Interest—'
1. On Bond for L.350O—
A year to Martinmas 18S8
(leas tax) L.138 12 8
t. On Loan of L.160 to Pres.
bytery of KirkwaO—
To SSd Sept when prfa.
cipal f am paid np . 7 0 10
3. On Bank Ac'coant^
At 15th AprU 1850 . 58 3 7^
Total Ivooaix, 18S848 —
m. Principal Snm iu Bond by ^nAjta
of Kirkwall,
Beceired on 22d September 1851
Sum o» thk CHASCB,
Biacharge.
L Expenditure daring the year ending 11
April 1859.
L Grants voted snd paid by the CouuulHaa
1. In aid of 64 Unendowed Cbnrohes
2. Towards the support of Mlaslooaria
Preaching Stations
TI. Additional Grant in aid of Charch at Met
III. Donation to Missionary at New Street i
Canongate ....
IV. Allowance to Missionary at Sooth Reoi
for Travelling Charges
V. Travelling and other Rxpensea iaean
Deputations in visiting 75 Chapels and 8
VL Sums paid to Meurs. Paton and kitd
copies of Miiiionary Record, for g"
circulation among the Clergy,
Proportion payable by the Home Misi
VII. Schemes' Office— Share of Expenses'
1 . Of Collector's and ( )fficer'8 Salaries I
S. Of Taxes. Coals, Gaa, &c ,
3. Of Printing. Books, and Stationery
4. Of de«patchinff Missu>r*ary Rtcord
montbly to Clerjry and others
5. Of Postages and Incidents
VIII. Expense of Printing Annual Report, LillK
ing Circulars, nnd (lencral Printing
IX. Kxponse of Trintinp Notices of Annual C<
X. AdvortlfiinK Annual Collection, Aleeti
C'onjinittee, &c.
XL rostAKe*. Carrinpes. and Incideritu —
1. rostnges an»l C.irnii^'r f,f padjets
witli Collection NoIa es, L.l
Cirry forward, lj
ID FOBSIOH mSSIOlUSr BKCOBD OF THE CXrURCH OF SOOTLAKD.-^)dLT 1, 1859.
L.1S s 9L.4m on
oeral Managemciit of Um
Dd Petty DisbnrMOMnts
U17 8
&o. . 7 16
owaaee to Mr. M<Gkniiin»
fur despatcMog droa-
6 0 0
41 1 6
naf^emcnt —
^eratary— ;
to Seerttary's Clerk, mt
ommittee—
LJLOO 0 0
id AocoastMl—
Iting. Fnuniofc, and
Ing upon the Ac-
for the year to 16th
368 . L.1717 0
m of General allow,
for Buperhitendintf
Auditing CoUm.
looks, &c., for the
t year . f 18 f
36 0 0
90 9 0
.165 9 6
t>aiART ExPSSDiTCU, 1868-60
, of Church Eztemioa
md.
irdaOie • L.935 0
ridge of AUaa
L.4766 11 10
trone
irn . .
f Deer .
d at 15th April 1859.
ink (Biitiah linea Com
0
10 0
100 0 0
140 0 0
60 0 0
807 10 0
from "Laj Aweciatlon,"
LJmiU 0
882 16 6
. S577 8 3
Sinr or Tin DISCHARGE
L.8150 10 1
ods
to the Committee there falls to be
i, in terms of a resolution of the Committee, the
to about L.1500, of Bliss Campbell's Legacy,
special purposes.
LONIAL GHTJBCHES.
Charge.
I at 15th April 1858.
last Tear .... L.7210 18
Scheme for the Year ending
1859.
nd Contributions—
!>8rishes and Chapels L.2410 19 10
rom 214 Parishes no
rations have been re •
iohial. Congregational, and
Sf Aseooiatione
duals . . •
08 12 1
81 0 0
L.2M5 11 II
140 8 6
I fWwn ♦* Lay AssociattoD,**
irl868^ 901 0 0
IS from British North
jytnyofPictou L.m 6 11
>lteryof Montreal 60 10 0
lank Account .
Total Incomk, 1858.69
227 4 11
117 17 7
. 3S01 310
Sum of thb CHARGE
L.10,412 2
Discharge.
luring the Year ending 15th
59.
Aitsionaries and Catechists,—
iSADX.
H Herald
terson
>l£it .
L 37 10 0
109 11 10
150 0 "
126 0 0
. L.422 1 10
Carry forward, L.422 1 10
Brought forward,
(2.) HamOKm.
Rev. W. Kasson
Ker. John Uay .
(3.) HmfftUm.
BvfTA. P. Marshall ,
(4.) iVMWrto.
Rot. R. W. Ross
<6.) Qienfforrp. _
ReT. Jas. S. Douglas .
(•.) Lmion,
R«t. R G. M'Laren .
Rev. Chas. Campbell
Rev. Fna. Nicol
L.118 0
70 0
UL50 0 0
4S 2 0
84 18 7
L.422 1 10
D
[>
- 188 0 0
150 0 0
4716 6
69 0 0
0 7
1C88 17 U
2. SrvoD or Nota Sootia.
Presbyteries,—
(1.) BoUfam.
Rev. James Wilson .
ReT. John Martin, Sup-
erIntMident of Mias&ons 100
L.186
0 0
0 0
286 0 0
KfTames Mair , . L.70 0 0
ReT. James Christie . ,87 10 0
R«T. T. Tnlloeh 160 0 0
Rat. Alex M*GlUi?r«y, ^ ^ ^
M'Lennan's Mount . ft ?1
Rev. John M* Lean . 94 0 0
(3.) Pf*nee Edward JOmd.
Rev. Wm. M'Laren .
Bar. Andrew Lochhead
Li
80110 0
L^STIO 0
10« 0 t
no 0
864 0 0
S. Stvod or New BamnwicK.
(L)
Presbyteries,—
I St. John.
Rer. A. Forbee
Rer. Peter Keay
ReT. J. Ross .
Rev. H. J. M'Lerdy
Rev D.Stott . - ^
Mr jEneas Mafidmld. Cateebiik
<3) MinmieM.
Rer. Wifflmn Murraj.
Moncton L.128 13 4
Rev. Jamet Murray,
Bathurst
Bm. William Macrol^e,
Tabuslntac .
Re^. J. Steven, ResH.
goudie, arrears of ea-
ury •
L.84216
60 0 0
100 0 0
60 0 0
396 13 4
4. Nfv ZealMd,
Rev. William Kirktoo, WelUngtoo
6. Svno4 AutMia.
(Adney ; Paddington.
Rev James Miln^
€09 8 5
164 2 8
MaitUnd; Newcastle.
Rer. J. Ninmio
«. Jamaica; KingsUm.
Ker. A. J M&ne
L.3855
7 9
60 0 0
173 0 0
110 0 0
L.50 0 0
60 0
100 0
II. Outfits and Passage Moneys.—
To Canada, six Mlnistars .
... Nora Scotia, two do. . •
... Australia, two do.
... Ceylon, one do.
in. Grants to Churches,—
To Georgetown Church, Prince Ed-
ward Island . . • , •
St. Andrew's Church, Newfound-
land . ^ •
.„ Church at Point Levi, Quebec
IV. Grant for defhtying Expenses relaUve to recovery
St Mark's MHnse, Demerara
V. Grant to Rev. Geo. Harper for travelling expenses
to Mara Berbice, • . *
VI. Grant to Rev. A. P. Marshall for passage home
from Toronto . • ;
VII. Grant to Queen's College, Kingston, Canada.—
ForColltge .... L.300 0 0
... Bursaries . . • ^5 0 u
VIII Donation to Student at Queen's College .
J X. Travelling Expenses of Candidates . . , •
X. Expense of Musionary Record for the Colomes, to
April 1859
XI. Expense of Ordination of Missionary
646 7 9
230
76
64
10
335
5
14
L.444 5 6 9
XTI. Fxpen-es relative to Paris Mission . , • 2 2
XIII. Expenses of Convener and Deputations to London woo
Carry forward, L.493a
168
032 133
HOUR AXD F0REI6K MISSlONART RCCORD OF TOX CHCTRCH OF 8COTLA2n>.-
able connexion with the Chnrch of Scotland, and
that the power of contracting debt, or otherwise
burdening the property of the chapelis should be
expressly excludcil. These conditions haTing been
fully satisfied, the grants liaTO been paid, and both
chapels hare recently been opened with the most
encouraging prosper ts of success. It is due to the
ener;;etic parish ministor to state that these chapels,
as well as the chapol at Inncllan, which was built
a few years ago, weru provideil mainly through his
personal exertions.
Your Committeo have also during the past year
ha'l numerous applicitions fi:r assistance out of the
general fund of the Scliome, towanls the building of
new churches in necrscitous districts. Several of
these were of so urgent a nature, that your Com-
mittee felt constrained to take under their serious
consideration the necessity of holding the general
funds aTailablefor the assistance so anxiously sought.
Acc )rdingly, after earnest deliU-ration at successiTe
aederunts, a minute was paiscd, on 8th December
last, in the following terms:—
^ ** The meeting having again taken into considera-
tion the expediency of resuming operations under
the Cliurch Building Branch of the Scheme, which
lias been for some j-ears in al)eyance, and having
anxiously deliberated tlien»anent, it was resolved to
hoM that Branch of tlie Scheme as revived, and
available, to a limited extent, in truly neces«itous
cases, fur aiding and promoting the erection of new
places of worship, subjeirt to such regulations as the
Committee may, from time to time, with reference
to the state of their funds, find it to be necessary to
prescribe thereanent, and subject also to such condi-
tions, in each particular case, as the circumstances
may appear to them to require ; and with reference
to tlie resolution now recorded, it was remitted to
the following members as a Sub- Committee, to in-
quire into the statu of the funds, and to report, viz.,
^fessrs. Cheyne, Kutherford, Smith, and Bayley,—
Mr. Cheyne to be Convener."
Tlic more pressing of tlie applications thus made
to the Committee were in tlie following cases : —
1. Skelmorlie, in the parish of I.args. — A chapel
was erected a few years ago, but latterly it was
found altogether insufl^cient for the accommo<latioii
of the largely increhsing congregation, more particu-
larly during tlie sunmicr and autumn months, which
bring numerous and stated visitors to the coast. It
was tlierefore resolved to make a suitable extension
of the former building, so as to give an addition of
380 sittings. Liberal subscriptions were procured
from the more wealthy of tlie congregation, and from
other parties connected with tlie district ; and after
mature con8i«leration of all the circumstances, your
Committee felt themselves called \\\)o\\ to contribute
the usual allowance of 7s. 6d. a sitting, which will
amount in all to L.138, 15s. Tiiey were the more
induced to make this grant, in consideration of the
generous offer of the chapel minister, to guarantee
subscriptions to the amount of L.I 000 towards the
endowment and erection of the chapel and district
into a church and parish qumd aacra. Under an
arrangement with your Kndownicnt Committee, the
whole requirements of the statute have been pro-
vided, and the necessary proceedings are about to be
instituted in the Court of Teinds for cccomplish-
ment of this dcHirabie object.
2. Kclvinhnugh, in the Barony parish of Glasgow.
— In this district, a niif tion has In en for some years
triboted by penoni not residei
which if a Tery poor one; and hi
the reaomces open to him, he a
mittee with an earnest applicatia
enable him to complete the work, 1
Tbii application your Committi
constrained to concede, being th
that the drcomstanoes fully joitif
ingit.
3. Springfield, Cupar.— Hersi
station has been established far »
has progressed steadily and satisftc
sion station was a temporary bniidi
both unsuitable and insufiicient toi
modation required. It liss thaefi)
to build a new place of worship ak
quirements of the district Tbe Re
has made laudable exertions in ooni
congregation to its present ststeof
is now endeavouring to nifetbeneoi
the new building. Your CoouoittM
in order to encourage local cootrib
secure the accomplishment of tbe d
in view, to give a conditional promiiec
the cost of the new place or wonhipi
4. Linwood. Kilbarchan.— Hereilx
been for some time in opention. '
cally concerned being satisfied from 1:
means should be employed for eecmi
modation required for a pcrmacest
have recently been making Urge ud i
exertions to provide the funds neceH
They have succeeded in procuring n
the amount of about L.tOOO.iDd7a
after fall consideration of thefutiand
submitted to them, and baring refcn
conditionally promised to th* iioie
years ago, agreed to contribate the
towards the completion of the worl;.
also great praise is due to the parii
his unwearied labours in providing <
about to be bestowed upon the part
Linwood district of his parish.
Seven additional application! hav
your Committee, and are at presento
tion. The whole of these are nffo
evidence that the places of wonk^
built are urgently required, b thi
of the funds, however, your CcmxX
could not meet tliese applicatioD!
approaching to the amount cf ai
and it was therefore agreed that
be allowed to stand over till the fi
the sittings of your Venerable H
that the Assembly may be able to d
raising the additional funds req
increasing demands under this bra:
The Convener of the Sub-Comm'
the Minute above quoted, procee
remit therein made, and after gn
search, — having thoroughly invest
operations of the Scheme from th
wards to the year 1858, — gave
distinat Report, shewing the anm
ations and expenditure on the
growing decrease of the capital f
Tliis valuable IU?port was takoc
with much anxiety, and at av
Committee, held on 25tli April
Minute and relative resolutions
AKD FORIIGK MI8SI0NAHT RECOBD OF THE CIXURCn OF 8COtBD^«— JULY 1, 1859.
It it appcan fh>m the Report, that the
18 in the handa of the Committee, exclu-
dinarr roTCOue, have heen aubject to a
Icta annual reduction lince 1852;— the
capital haTinpr been at the end of each
le years 1846-52 inclus'iTo, nearly L.7000,
a reduced in 1858 to L.3583, 188. 4d.*
the Committee concur in the opinion ez-
the Sub-Committee, that if the funds are
cd to the same extent as heretofore, in
3r the support of ordinances in chapels
Scheme, without an assured increase of
nnot be efficiently conducted, if the capi-
nr the sum at which it now stands.
. the grants made to ministers of chapels
>robationers supplying in part the place
B, hare latterly amounted, after deduc-
nses of management, to more than nine-
« whole exi)cnditure of the Scheme ; the
aual expenditure having been for the last
.4639, 10s., and the average annual pro-
the said sum, paid as granta in aid,
lOjd.
: the objects of Church Extension, not-
kg the many instances in which there has
t Increase of population, and of missions
^ the consequent increase of spiritual
have been thus for the most part ne-
lasmuch as there is no other fund avail-
9 Church for keeping her ministrations
e wants of the community.
: this abandonment of objects, the urgency
year by year increasing, for which nume-
■ationa are now on the table of the Com-
1 for which applications yet more nume-
I certainly be made, were the Committee
itances to entertain them favourably,—
! the Church in the painful and disadvan-
lition, unless an adequate remedy be ap-
eaving uncultivated many of the most
I fields of the country, and thus virtually
ig her incapacity for one of the most essen-
ms of a National Church.
: the proper remedy is obviously to be found
tlon of the chapels now di^pendent on the
for the supply of ordinances, into parish
wmd sacra, or, failing this, in such an
Kzertion on the part of the congregations
thoae chapels, as shall render them self-
— neither alternative involving any in-
lifficuUic'S, provided always it be proae-
resolution and energy,
•^were the Provincial Branch of the Gene-
)ly*s Endowment Scheme, already com-
le province, completed also for the others,
'hich a really vigorous effort on the part
ole Church would certainly accomplish
)eTiod of six months,— sufficient funds
ift at the disposal of the Home Mission
, to enable them to meet with encourag-
ty all the Church Extension claims likely
upon them, and to provide at the same
lunding such additional missions aa are,
required.
t the Committee, in these circumstances,
lispoeed to make any sudden change in
tion of the funds of the i>cheme, yet re-
e suspension for an indefinite period, of
I Building Brnncli, &c., as a hurtful and
lal policy, will feel it to be their duty to
I to the ensuing General Assembly toem-
I, or their successors in office,— if, 'within
if six months from Wliitsunday next,
te funds for church building purpose?,
M)cc vrr.» bronglit out. aflor ttkinflf into accotmt
I tl ( (.linn nnd of theCoUiiuittce cutlie one Laud,
Lief on the other.
and the support of new niitslona where deemed
nectuary, thall not be set firee by the progress of
the Endowment Scheme, or an increase in the
number of self-sustaining chapels— to allocate for
the said objects such a proportion of the revenues,
as, after due regard to an efficient maintenance of
ordinances, they shall think themselves justified in
withdrawing from the chapels now aided by them,
whether by cancelling the grants in aid, or limiting
them to a reduced amount.
"9. That the above resolutions be printed and ex-
tensively circulated throughout the Church, and, in
particular, that copies of Uiem be addressed by the
Secretary to all ministers or probationers who are
now in receipt of grants from the Scheme."
The instructions in the last of these resolutions
were immediately implemented by the Secretary.
II.— AiDiHO Uneitdowbd CnuRCUEs :
AMD
III. — Emflctheiit of Prokitxoneus as
MiSBIONABIES.
Under these two branches of the Scheme, the
principal part of the funds placed at the disposal
of the Committee, continues, as heretofore, to be
expended. It will be seen, on referring to the list
appended to tliis Report, that during the year end-
ing 15th April last, grants have been voted in aid
of 66 unendowed churches, to the amount of L 2785 ;
and towards the support of 47 mission stations, to
the amount of L.1835.
tlie close of the last financial year, there were
thus in all 113 places of worship to which aid was
allowed out of the funds of tlie Scheme, to the
annual amount of L.4G20.
It is proper here to mention, that during the past
year, the liabilities of the Committee have been re-
lieved to the extent of L.225 by the erection into
parish churches of the chapels at Newington, in the
parish of St. Cuthbert's ; Cookney, Fetteresso; Path-
head, Dysart ; Persie, Bendochy; and Stobhill, Tem-
ple, &c. It is fully expected that a st ill greater relief
will be afforded during the present year — several
chapels now on the Committee's list being alout to
enter the Court of Teinds, for erection, with suit-
able districts annexed, into churches and parishes
quoad aacra, with the assistance, and under the
auspices, of the Endowment Scheme.
For some years past, your Committee Iiave, in
their Annual Report, enumerated a few case s in evi-
dence of the increase which has taken place, during
the previous year, in the numbers, both of the
communicants and of the congregations, connected
with the chapels on the Committee's list. Follow-
ing this plan, a few similar instances may be hero
cited: —
At Grangemouth, the congregation has increased
from 300 to 450, and the communicants from 105
to 170. In Holburn Street Church, Aberdeen, the
congregation has increased by fully 100, and now
numbers 600, and the communicants have increased
from 340 to 394. At Broughty Ferry, the congre-
gation has increased from 730 to 823, and the com-
municants from 610 to 632. At Carnoustie, the
congregation has increased by 100, and the commu-
nicants by 46 — the former being now 508, and the
latter 196. At Methil, Wemyss, where the sacra-
ment was lately dispensed for the first time since
the re-opening of the chapel, tlie communicants
numbered 138, and the congregation has increased
from 108 to 249. In Portbrae Church, Kirkcaldy,
the congregation has increased by 100^ and the
communicants by 50 — the former now numbering
400, and the latter 180. In St. Luke's Church,
Glasgow, there is an average congregation in the
forenoon of 300 and in the afternoon of 600, and the
communicants have increased from 110 to 200. In
' 157
' HOtfE AND ySBIGir MISSKMrABT RBCOBD OV TBB OHUBCH OF SCOTLAITD. — JULT 1, m
STiTEIEIT OF COLLECTIOIS AID GOI TRIBUTIIII
SEcnvED nr aid or
The General Assembly*!
{ Six Schemesi for the Tear 1858^
I.— COLLECTIONS AT CHURCH DOORS.
Pwrlaoes
Id
1 tloa
XadU
Bono
j Oolonl—
1
A« iitfiin oiiM^ J—
L.
I.
d.
L.
8.
d.
L. s.
d.
1
L i.
d.
L. B.
d.
L. 1. d.
1 Bernard's, St.
8
0
0
1 8 0
Q
\ 4 0
0
4 0
0 1 10 0 0
84 •
2 Buccleuch .
7
14
U
15
11
Q
' 1 17
Q
9 1 S
10
4 18
0
14 1 0
45 11
3 Canongate . •
0 17
2
1
3
1 1 10
1
1
0 15
2
0 17
6
0 1€ 4
6 16
4 New Street . 7.
s.
T) Colin ton
! 3
13
n
u
5
0
A
U
A
U
^ O
0
4 1*5
0
4 0 0
15*11
ciCorstorphine
S
13
3
3
1
5
4 13
3
6 12
0 16 6
8
13 5 6
Mil
7 Cramond
1
10
U
1
I
0
1 1 A
i AO
Q
1 1ft
0
0
1 1 0 61
6 6
8 Currie
1
12
Q
5 0
Q
2 0
a
1 3 • Oi
11 III
9 Cuthbert*«, St. ' .
22
0
6
16 10
n
u
it 0
t\
u
0
13 1
0
29 IS 61
160 1 1
10 J)avid'8, St. . q.
s.
0
7
a
0
12
o
Oil J|
1 10 1
1 1 ! Dean . . 7.
«.
...
1 2 Lady Glennrchy's 7.
s.
.-..!
b'o
13 MorningBide .q.
«.
I
5
I
9
2
1 0
0
I 0
0
14 N^ewington
0
15
A
U
2 2
0
0 15
0
1
3 11 {
15,Du(]ding8ton
2
0
n
2
6
Q
4 0
Q
5 10
0
2 0
0
2 "6 0
17 10 1
16! Portobello .7.
1 Edinburgh —
w n
17| Andrew's, St. .
1 36
0
0
43
5
0
22 10
0
9 10
10 15
0
47 0 0
Ifti Gaelic
0
8
0
0
10
0
a 9
0
0 10
0 8
6
0 10 0'
111 1
19 George's, St. .
! 24 14
6
68
3
1
44 6
3
6 14
I
15 13
0
SO 12 4,
190 SI
20 Luke's, St. .7.
10
3
6
9
6
7
3 11
9
3 3
3
5 0
9
11 0 0
4S 11
21' Greenside
27
0
0
38
10
0
25 0
0
8 0
0
15 0
0
W 0 Oi
lU 10
22, Grey friars', New
23j Greyfriars', Old
24 1 IliKh Church .
0
0
12
10
0
3 5
0
1 5
0
5 0
6 10 0 1
56 iO
8
0
0
10
0
0
7 0
0
6 0
0
1 0
51
3 6 •
85 6 1
5
4
4
4
0
0
5 0
0
3 0
0
3 10
0
sio o\
14 4
25 John's, St.
26; Lady Yester's .
27i Mary's, St.
I
0
0
0
15
0
0 16
0
0 11
0
0 10
0
I 1 2\
414
10
10
0
10
0
0
15 0
0
8 0
0
.1 0
0
It 0 0! NN
16
10
0
14
1
5
11 2
6
7 1
4
6 9
6
UU 01
Till 1
28, New North
10
10
0
14
0
0
8 10
0
4 0
11
10 4
0
13 0 O!
66 41
29| Old Church .
2
2
0
3
10
0
2 0
0
2 0
0
2 0
0
9 0 0<
11 U 1
30, Stephen's, St. .
33
18
0
43
0
0
32 0
0
12 11
0
22 6
0
74. 9 6
116 4
31 Tolbooth Church
1
10
0
1
10
0
1 8
0
1 7
0
1 0
0
1 10 0
I »
32 Trinity College
2
14
9
5
2
0
3 10
0
1 15
6
3 3
6
S 6 0
mi
33 Tron Church .
13
0
0
16
16
0
10 10
0
4 10
0
8 0
0
19 10 0
n_!
34 Kirknewton
4
0
0
5
0
0
6 1
0
3 0
0
1 11
0
6 0 01
iLcith—
35; North Leith .
4
0
0
7
0
0
7 10
0
4 0
0
3 10
0
6 6 0
3G| Newhaven . 7.
s.
37| South Leith .
5
0
0
6
0
0
8 16
0
2 Vi
0
5 "7 0
38' Restalrig . q.
s.
0 • 1
f
39, Thomas's, St. .
0
12
0
0
15
0
0 18
0
0 V
0
ii
40 Liberton
3
2
6
4
12
6
8 0
0
9 10
0
2 11
0
4 0 0
Sll
41 j Giluierton .7.
8.
42|Ratho
6
2
0
8
2
6
12 To
0
11 0
0
6 76
0
4 "6 7
4ll
2. Linlithg^ow.
43 Aborcorn
44|Bathcrate
a:)'- I^orrowetoiinncss
46,Calder, Mid
47 Caldor, West
48 Canu'lon
49 Carridcn
'•276 17 4 '383 7 5 285 11 9 147 12 6 ;165 8 5
50,Dalmcny
2
18
0
I
12
6
3
5
0
2
3
6
"
0
3
G
0
1
5
0
2
2
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0
2
1 13 0
4 11 6 1
2 12 11 I
4 0 0
6 0 0
I
0 3 6
1 10 6
4 0 0
5 2 4
2 16 11
3 16 0
4 10 0
0 2 6
2 7 6
4
3
0
372 6 9
0 I 3 10
0 2 1
u jm fOBsieir xunoHAsr becobd of thb oxicboh or 80OTLArx^»>juLT ism.
Jews
Total
snmchio
irk
vmgenKmih
listoo •
ithgow .
igstone •
tivonside
lont
Biflfeny
taanan .
ihidien •
tbim •
L. 8. d.
10 0
6 7 0
q.$.
3 0
5 16
1 0
0 15
4 18
2 1
3 17
0 12
2 3
1 0
L. 8. d.
13 0
5 17 8
2 0 0
0 12 0
5 16 3
L. 8. d.
1 13 0
7 6 0
L. 8. d.
1 9 0
6 10 0
1 7
4 10
2 0
4 0
0 7
1 10
3 7
7 13
1 18
I 18
4 0
3 1
4 11
0 16
1 10
0
5
0
0
0
9
0
0
0
1 14 8
3 15
6 9
2 6
1 13
5 9
3 1
4 3
1 2
0 16
1 19
L. 8.
1 0
7 6
3 15
4 4
1 12
0 13
3 10
2 1
2 18
0 5
1 5
1 6
L. 8. d.
1 6 0
6 3 11
2 10
4 15
1 1
4 0
2 6
1 16 3
5 9 11
0 19 0
1 4 0
L. 8.
7 11
39 10
2 0
16 19
34 14
7 18
10 7
24 18
14 2
25
4
8
6
48 11 11
41 2 7
62 7 3
60 15 5
45 12 10
55 15 10
314 5 10
JUT
ighton, Ac. .
ngtoo and Thank
Um
er
ihiclon
Bjn
rton
Ung
ington
iton
idell and Luniog-
ane •
S 9 3
2 9 8
2 1 I
0 13 9
0 18 0
0 14 10
1 0 2
0 15 6
4 10 6
4 12 0
7 3 6
2 3
2 7
0 9
0 13
0 17
1 4
2 15
1 II
0 10
1 0
1 2
1 2 0
7 4 6
3 14 3
1 12 9
0 13
0 16
0 14
1 2
1 2
1 15 0
5 1 6
2 13 6
1 15 3
0 9 6
2 0 0
5 6 0
2 13 5
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8.
»SEIGK UISSIONABT B£COBD OV THE CHUBGH OF SCOTLAKD.^^LT I9 1653.
wrought forward. L.3a9 IS U
< ■hare of Exp«nsei—
^fMBcer't SaUriM for the
. L.27 6 H
;ai,&o. . 10 U 8
:s, and Stationery, 8 6 3
tintSowtry Ueccrd
hers monthly, 2 11 6
ncidenta, . 4 1
•y Secretary in inspeetinip
Highlaods and islandu,
ncorred by ConTener. .
tort, Preebyterial Keporta,
f Anniul Collection, Lit ho.
&c.
>nery, .
jxd Incidental Ezpeniei—
\dk Poitagee, f'arrlnge of
jrteriee and Minlttert, Por-
urred In the General Man-
Scheme, . L.30 10 0
reil on Subfcrip>
Edinburgh and
. 10 0 0
48 0 0
0 0
0 U
ent—
•y, per annum—
rceable upon the General
Scheme. L 187 10 0
>f the Commit-
hargeable upon
Scheme, . 101 5 0
aditor and Ac-
ng. Framing, and
jpon the Accounts
rending ir^th April
L 18 18 0
of General
for »u.
Iff Funds,
Collector's
; . for the
ith April
. 2 12 «
07 6 7
18 18 3
40 10 0
fl 10 ft
810 6 6
GlasgOTI
Normal
L.4211 a 3
il Schools at 15th
. 1
> Normal Schools
LJS9i 12 6
600 • 0
last and West India
t—
kceount, Charge, Branch III.
General Scheme at
.59—
0 3
4 0
£01 13 6
aoo 0 0
ank, . . L.2006
Lity AssociatkjD,
59. . .460
8060 18 2
L SSrtO 7 10
Sum of DISCHARGE,
ite of Fundi.
L.8OO6 13
Dr Beirs Legacy^ . . 4706 17
Rer. Dr Muir. Her. I>r Grant,
ne, and Isaac Hayley, Esq.
Fund-
ed in Schemes'
Glasgow Normal
ngs, . . L.800 0 0
r«is i)urchase of
>use in I'icardy
. 1530 0 0
L.90:28 8 1
D WEST INDIA FUKD.
Charge.
; 15th April 1858—
unt, .... T..67g 2 8
Carry forward.
L.678 S 3
Brought fnrward, L.678 2 3
II. DiTidendi on GoTemment block re-
coTered —
Amount, «•••••
jrote..-These diridends due in 1848-4 were aod-
dently omitted to be drawn when the
Stock was sold out.
III. Sum rccei?ed from General Fund, .
See General Abstract, Discharge, Branch lii.
IV. Intercit on Bank Account,
176 15 0
200 0 0
Sum,
1 16 0
L.1065 12 3
Diloharge.
Sam adTanced towards Purchase of Board,
inc-houie In Picardy Place on 15th May , ^ ^
Siu,—Th» House was purchased by the
Trustees of the late Dr Bell for
the sum of L.2320, whereof
L.16C0 was borrowed on the
security of the House, and the
remidnder adranced out of this •
AindasabOTe. ^
II. Balance in Bank at 15lh April 1850^^ '. 425 12 8
1065 19 3
ni. NOBHAL SCHOOL FUND,
Charge.
I. Stiras received from General Funds —
I. Balance due to Normal Schools at 16th April 1868, L.SOl 12 5
IL Annual Sum payable to Normal Schools firom Gen.
oral Fund, for 18W.69, .... 5"0 0 0
L.881 12 ft
See preceding General Account, Discharge, Branch 11.
jOTemment Grants and Allowances,
nd other Receipts—
r 1858-50 8700 17 4
Suae ov THX CHARGE, L4^i« 0 0
Discharge.
Normal Schools during
>emS5^. iiNorm
tie yei2Plu58-59—
I. EzpenU
the y
Amount, L.7732 18 11
II. balance in Bank at 15th April
1859—
Sum 1860 14 10
Sex 09 THE DISCHARGE, • 9692 0 O
Jf^—AB the Oorernment School Tear does not terminate until Isi
July, the details of the Normal School Receipts and Expen.
diture are not here given, but there will be exhibited to next
i ear's Assembly a detailed statement brought down to 3lst
)ecember 1859.
IL
n.-INDIA MISSION.
L— GSKSBAL FUND.
Charge.
I. Balance due to the Scheme at 15th April
1858.
Per Abstract of lastjear ....
General Income of the Scheme for the
jear ending 15th April 1859.
I. Collections and Contributions—
Vrom 882 Parishes and Chapels L.3176 17 4
Ao<e.— From 206 Parishes no Con-
tributions liaTe been recelTod.
From Parochial, Congregational, and
Missionary Assodauoua . . 208 0 1
From IndiTiduala . . 167 16 •
From the " l«ay Association,*' for the
Yearl:*i8.60 . . . m 8 6
L8703 8 II
II. Legacies 818 19 4
llL Interest on Bank Account (balance) . 0 16 2
L 1207 17 11
Total General Income, 1858.60
• 4038 4 i
IIL Diridends and Interest of the ** Murray
Fund/' set apart for Scholarships.
Sum ......
IV. Interest of " Crichton and Wilson
Funds," invested for Special Purposes.
6414 i
Carry forwird.
lei
U AMD WGBMiam 1CI88IQIIABT BKOORD OV THB OHUBOH OF 0OaiUaiK*W17I.T 1, IW. \
ribytwi— ami
PwriflfaM
tlOB
XadU
Colonies
Jews
ment
Total
^ StraimM
nr.
L. 8.
d.
L. a.
d.
- I.
d.
L. 8.
d.
L. a.
d.
L. a.
d.
L. 8.
d.
intne •
I 5
4
I 0
5
1
4
10
2 12
9
1 17
4
1 4
2
9 4
10
itter*! Chape),
. q.8.
lonell .
3 a
7
4 1*4
6
3
9
0
5 10 11
4 2
7
5 2
6
26 2
1
nsheen
.q.s.
0
7
11
...
0 6
10
0 14
9
2 6
0
2 0
0
2
7
0
...
2 7
0
2 3
0
11 3
0
colm •
1 5
0
1 10
0
1
10
4
2 14
0
1 1
0
1 8
0
9 8
4
ooaiden
1 0
0
1 0
0
2
0
0
1 iU
A
U
1 10
0
1 0
0
8 0
0
alt
•••
...
...
•••
...
...
...
euchan .
.q.$.
ryan
2 0
0
0 10
0
1
10
0
1 lo
A
1 4
9
1 10
6
8 13
3
, New .
0 17
0
0 18
0
0
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0
0 16
0
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6
1 0
0
5 2
6
,01d .
4 13
6
4 6
0
5
3
6
4 0
1
3 5
6
4 0
0
25 8
7
Patrick
1 7
10
1
7
10
1 7
10
4 3
6
rkirk .
1 0
0
1 10
0
2 0
0
3 "o
0
7 10
0
iraer .
1 1
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3 3
0
2
0
0
1 "i
0
1 0
0
1 10
0
9 15
0
19 18
8
20 11
11
21
17
5
OA O
A
9
20 10
6
22 5
0
125 5
10
«rtOfa •
3 13
4
3 14
0
4
14
0
4 5
0
3 14
6
20 0
10
)weii •
5 7
7
4
I
0
5 1
0
5 4
6
1 U
6
21 8
7
inner •
4 0
0
2 11
8
3
0
0
2 11
3
1 0
0
4 0
0
17 2
6
nabreck
1 U
0
2
5
0
2 3
0
2 4
0
8 6
0
Efaff
3 0
0
3 i'o
0
8
3
0
2 2
0
3 10
0
8 0
0
23 5
0
rgrennan
q.s.
...
...
•••
...
...
rum •
7 0
0
3 6
0
6
13
0
4 4
0
4 4
0
6 6
0
31 13
0
inghame
...
...
...
4 6
2
4 6
2
r .
2 0
0
1 6
6
2
0
0
1 6
9
1 10
0
2 10
0
10 13
3
horn •
4 0
0
4 0
0
4
0
0
2 6
0
...
8 6
0
22 12
0
own •
2 18
4
3 9
6
3
12
1
4 4
0
3 3
8
3 5
4
20 12
11
28 5
8
27 4 10
33
8
1
28 3
0
24 10
8
38 8
0
180 0
3
Cirkondbiisnt.
orth
2 2
4
5 10
0
4
0
0
3 0
0
3 0
0
4 9
0
22 1
4
lencaim
1 11
9
3 1
9
2
14
0
2 9
9
1 8
11
1 17
11
13 4
1
aclellan
2 0
0
2 6
0
2
14
0
2 12
9
1 17
6
1 16
0
13 6
3
aghie •
1 1
4
2 1
8
1
8
0
1 1
5
1 3
4
1 0
0
7 15
9
18
2 8
4
1 12
0
2
9
5
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5
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6
13 15
9
le
3 10
0
1 10
0
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0
0
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0
1 15
0
12 11
0
»haim .
1 0
6
2 6
0
I
7
0
1 2
0
1 0
0
1 0
0
7 15
0
imichael
3 2
0
3 I
0
2
10
0
i 10
0
1 12
6
1 10
0
13 5
6
r •
1 1
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12 15
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171
AND FQBBIGN MlflSIOXART RBCOBD OF THM GHDBOH OV SOOTLAHD. — JULY I9 IBU.
PreabylflriM sad
PariahM
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J
D FOREIGN anSSIONABT BSpOBD 0* TBOB OHUBCH OF BOOrLAHD.-^HJLT 1, 18811
42 11 10
14 3 7
K.#h.^"*"^°"^'^ L^14 0
«a Dj th9 Conrener on th« Oe-
; of the Schrm^ . , S3 8 8
1 Report, MoUcM of Coltootlon,
tioaery, Ac*., I ' ] [
U ud Incidtntal Bxptnitfl.—
•reels, &o., during
• • L.S9 6 ft
r Polling Notice of
c»Uection, . , 7 14 7
ranee to Mr. M'(VI.
gw,forCircalating
zpentet, .
6 0 0
8 13 6
ifrenoent.—
d Treasurer,—
ar to 15th April 1859. L 60 0 0
Accountant^—
ing, Fram.
Reporting
Accounts
ear ending
1858. L.10 10 0
t>f General
I for Super,
the Funds.
Collector's
e , for the
«r, 2 12 <
18 f «
60 13 0
68 2 6
Total EzPUDirim, 1858.50,
le Scheme at 1 5th April
L8074 9 8
and,
ad.
L.639 16 11
153 11 2
LJU 7 1
Jnnd. . L.18 19 9
^ind, . t 11 u
2710 9
L.82l'irio
«n "Laj Assocla.
. 133 6 0
966 8 10
cm or TUX DISCHARGE, L.49S918 6
I. Price of Fen.daties porchased by the CommlttM.
and Ezponses—
At Dowaiihill— balance of price, .
Expenses, ... .
II. Grants to Churches—
i* J** Marnoch's Church, L SO 9 2
2. To New Parish of AUoway, A jr 1000 0 0
)WMENT SCHEME.
Charge.
tme at i:th AprU 1858—
je»r L.4123 9 1
•ns. and Collections rcceired
ng 15th AprU la59—
[ Donations—
L. 15,177 18 3
f Sub-
Sub,
par.
es—
L.2873 10 3
eneral
Coll.
91 G 8
2720 7 19
Bsion'
ons, 73 3 0
4U3 2 8
6S54 10 6
21,432 8 7
unt,
heme Account-
L.5 15 9
11 4 6
eo 17 10
C 4 6
10 3- 2
L.40 2 0
94 6 9
it Scheme in regard to Dow
ived on Iflih August 18-^8.
a Account on loth August
184 7
48 17
48 6
Sum if tm charge, L.25.7j6 18 11
III. Sabscrlptions, Donations. &o., repaid*
1. For NewhsTen Chapel—
_ Amount, with Interest, , L.9S0 U 7;
2 For Largoward Chapel- i.
Amount, with Interest, . 662 0 11
3. For Sundries, . 16 3 0
IV. Somi paid to Messrs. Paton and Ritchie for copies
of MUnmarv Record, for gratuitous oircnlation
amoni^ the Clergy. &e.—
rr Proportion payabfe by Endowment Scheme, .
V. Schemes Oi&ce— Share of Expenses—
i- K£®"*«*^*»f°*<^ffl<»«^«*^tariat,L.27 6 8
2. Of Taxes, Coals, Gas. etc. . 10 14 8
8. Of PrInUng, Books,andSutIonery, 8 0 8
i. Of Despatching Jfitsienory Asoorrf to
_ _ Clergy and others monthly, . 2 11 6
6. Of Postages and InddenU, 4 14
VI. Sums adTanoed to Fea Account— —
Amount,
VIL TraTelling and other Expenses incurred by the
CouTener in the Management of the Scheme-
Sum, ....
VIII. Printing Annual Report, Collection Notices and
Abstocts, Circulars. Notices, &a, with regard
to ProTincial Scheme-
Amount, ......
IX Expense of Adrertising and of Poitini; Notices of
Annual Collection, and of AdreriisemenU in
regard to the ProTindal Scheme,
X. Stationery, ......
XL Postages, Carriages, and Incidental Expenses—
1. Postsges of Circulars, Reports,
&c., incurred in the General
Managementof the Scheme, . L J2 13 0
1 PosUges. Expense of Meetings,
6cc., in regard to the Pronn.
cial Scheme, 74 8 S
Z. Annual Allowance to Mr MTal.
lum. Glasgow, for despatching
Notices, 8mj , , 6 0 0
4 Incidental Expenses, . I 3 f
XII. Escpcnses of Management— "
1. Secretary and Clerks—
« ^^J^'^V^^r\MTj2J,\B50, L.120 0 0
2. Treasurer and Clerks—
L.5909 8 10
21 6 8
L.5930 16 1
1086 9 SL
1623 15 0
82 9 10
48 0 0
311 8 7
63 0 9
202 510
65 7 a
2111
103 5 2
1. Allowance for year
to 16th AprU 1859, 85 0 0
2. Charge for Assis.
tant Clerk's Salary,
from 21st October
1H58, to JOth AprU
1859. . 32 9 0
3. Charge for Tress.
urer's Outlays for
1855 6, and 1^-7, 60 15 2
8. Auditor and Accountant—
L For Auditing. Fram-
ing, and Report,
ing upon the Ac
counts, for the
128 4 2
year to 15th April
1«58. _ L.U 14 0
2. Proportion of Gene-
ral Allowance, and
for Auditing Col.
lector's Books for
the current year.
2 12 8
17 6 6
XIII. Balances due to the Sr home at 15th April 1859—
1. To the (ienexal Bcbvme —
Balance in Bank, . . L.4I53 7 0
2. To the Prorincial Scheme—
1. Balances in Bank-
265 10 8
L.9739 13 a
Group I ,
Group ir,
Gronp HI.,
Group IV.,
Gruup v.,
2, Balance in
of Treasurer, _
L 751 12 9
1575 1.3 a
6733 8 8
070 12 11
1845 13 5
11.88S 0 10
7 17 10
- 11,893 18 8
16,047 6 8
Sox or TBI DISCH A RG E, L.2SJ66_18 U
166 ~
HOME AND FORSXGH XISSIOHABT BBOOBD OF THK OHDBGB OF SOOXUOID. — ^JULT 1, U59.
No..
1
ad
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r- 1
I
1
i
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L.
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444 Balfron
1
0
0
1
0
0
1
0
0
1 0
0
1
0
0
1 0
0
6
445Bunhill
6
8
5
10
6
10
7
1
6
6 9
7
5
14
1
4 18
3 1 40
446
Alexandria
q, $,
...
...
...
447 BuchMum •
2
8
0
1
li
0
1
8
0
3 14
0
...
1 14
6
10
448,CardroM
12
10
0
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19
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0
14 10
0
10
10
0
16 0
0
86
449
Renton .
q, 8,
...
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4
...
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450|Dr7men
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451, Dumbarton .
3
10
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12
8
3 11
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20
452,Finti7
6
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6
3 0
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3
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453,KillearQ
1
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6
454 Kilmaronock
2
10
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4
14
s
4 6
0
3
11
3
20
455 Kilpatrick, New .
6
0
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6
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456
Milngarie
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3
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458.
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459Lut8 .
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14
460
Iloseneaih .
3
5
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4
7
0
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15
0
3 0
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2
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3 0
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18
461
Craigrownie
q.M.
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6 18
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2 10
0
11
462
Row .
8
10
0
7
0
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5 10
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9 0
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463
Helenabnrgli
q,9.
...
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...
6
5
0
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0 U
' 18
464
GarelocMiead .
q. s.
1
15
1
2
10
0
2
4
1
2 6
0
1
1
s
1 IT
1 17
5
II
465
Strathblane.
3
0
0
4 12
6
4
4
0
3 10
0
2
15
0
1 in
1 III
0
19
65
18
0
84
5
2
85
2
10
84 18
3
53
8
10
71 ft
0
444
20. OlMgow.
466
Barony
47
0
8
76
17
0
57
2
1
23 17
0
29
0
0
36 14
2
270
467
Camlachie
q.M,
...
...
...
...
...
•■•
468
St. Mark'a
q.M.
...
...
...
...
...
...
469
Well Park
q.a.
0
10
0
0
10
0
0
15
0
0 10
0
0
10
6
■•■
2
470
Martyrs' .
q. a.
• ••
...
•.•
...
>••
•••
471
MUton .
q.a.
...
...
...
...
•..
473
Sandyford
q.8.
34
0
0
33
0
0
8
2
0
14 2
0
12
2
0
0
133
474
West Park
q. 8.
60
0
0
44
0
0
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0
0
...
•••
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0
124
475
Kelvinhaogh
.q.8.
...
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...
...
...
...
476
Cadder • <
3
10
0
3
8
0
2
0
0
3 3
0
2
0
0
...
14
477
Chryston .
,q.t
...
•••
...
...
478
Calton • •
...
3
10
0
•••
...
...
3
479
Qreenhead
q.a
0
10
0
0
16
0
2
0
0
0 10
0
0
10
0
...
4
480
St. Lake's
q. 8.
...
1
19
4
1
0
0
...
...
t \
481
Campsie
3
0
0
5
7
6
7
17
4
5 10
6
4
15
0
0 9
0
SI
482
Carmunnock
3
4
0
3
2
0
1
18
0
3 0
0
2
14
0
A. A
Q
17
483
Cathcart .
2
13
10
2
5
0
3
14
0
1 15
0
2
7
0
10
1 17
484
Cumbernauld
1
16
0
1
3
3
1
3
10
1 1
0
1
1
0
3
7
485
Bagletbam •
•••
2
0
0
3
0
0
...
...
...
1 s
Glasgow —
48f.
St. Mango's
7
10
0
10
0
0
6
0
0
7 10
0
4
0
0
11 0
11 M
0
44
487
College •
2
2
0
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0
10
6
1 11
0
1
0
0
A. A
♦ u
5
9
488
Tron
10
0
0
5
10
0
8 10
0
4
5
0
1 A A
lU U
Q
489
St. DaTid's
4
0
0
6
"fi
0
3
10
0
2 4
6
2
5
0
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3 19
Q
24
490
St. Andrew's
7
0
0
14
.0
0
4
10
0
5 0
0
3
10
0
R ft
u
491
St Enooh's
14
10
0
12
0
0
5
10
0
5 5
0
2
17
3
Ifi A
n
u
sa
492
St. George's
32
0
6
71
10
0
19
0
0
12 0
0
10
15
0
Qi^ A
A
u
170
493
St. John^i
7
4
0
9
0
0
5
0
0
6 16
0
2
0
0
7 1A
37
494
St. James's
12
10
0
13
0
0
11
15
0
8 0
0
6
10
0
1A A
Q
61
495
St. Paal's
15
0
0
15
0
0
4
0
0
6 0
0
7
0
0
10 A
0
58
496
St. Columba
•••
...
...
...
0
9 i
497
St. Matthew's
32
7
0
61
0
0
36
0
0
13 0
0
12
0
0
24 0
0
178
498; St. Peter's
...
...
•.•
...
0
6 ]
499
St. Stephen's
10
0
0
14
16
0
6
10
0
7 16
0
5
8
0
44
500
Chalmers'
1 19
1 iZ
9
1 ]
501
Bridge ton
2
13
0
3
18
11
•••
61
502
1 St. George's-in
the-Fields
.q.8
503; Bridgegate
.q.s
1
7
0
1
504
Brownfleld
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• Gorbals .
506
1 llutchesontown
q. 8
2
0
3
3 2
6
5
607
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.q.8
608 Govan .
3
4
8
4
2
8
3 19
9
2
2
7 17
5
21
509
Partick .
. q. 8
510 Strathbungo
. q. 8.
1
0
0
1
174
1
AND FOBSIOir MUSIOlTABr BSOOBD OV THX OHUBCH OV BOOTLANIK;— JULY 1, iSRT
lytsriM Mid
*ariahas
Zdae»-
tiOB
iBdU
a.
Ju.
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a
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6
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164
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4
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1
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9
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4
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n
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1
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8
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1
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1
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3
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3
0
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0
8
15
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10
0
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0
.S^Ddrk.
27
17
4
38
12
1
34
9
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36
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11
8
17
6
13
4
7
159
19
0
t .
1
1
0
1
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1
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1
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0
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1
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1
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7
6
1
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4
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4
7
0
4
4
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10
4
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4
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26
9
10
2
12
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2
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2
9
0
2
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0
2
8
5
3
13
0
16
4
5
el8 .
4
15
0
6
10
0
7
5
0
5
1
0
5
10
0
2
12
0
31
13
0
pe .
1
4
3
1
4
3
1
1
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1
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2
6
0
1
16
0
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18
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10
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6
1
16
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11
16
6
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0
17
6
0
18
6
2
7
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2
5
6
1
8
6
1
0
0
8
17
0
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11
3
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9
10
0
7
6
0
6
5
1
15
0
8
5
0
8
12
0
9
16
0
9
12
0
7
17
0
9
0
0
53
2
0
1
11
8
1
17
10
1
5
4
1
18
6
1
5
3
0
15
4
8
13
11
7
5
6
11
1 1
4
8
12
0
8
0
0
5
0
0
10
15
0
51
3
10
• •
2
0
7
1
5
2
2
0
4
2
1
3
2
1
...
9
8
6
37
9
6
43
10
1 1
44
4
0
40
15
10
34
6
1
38
1
9
238
8
6
k>olimabeiL
irth and Sib-
ieside
2
5
...
2
10
0
2
0
0
2
0
0
2
5
0
11
0
0
!ale .
9
6
3
5
"l
2
9
13
1
9
14
0
9
\\
7
5
16
0
48
16
1
2
7
0
2
10
0
5
5
6
2
13
0
4
2
6
2
7
6
19
5
6
ne .
1
17
7
5
11
8
4
18
7
4
0
11
1
17
11 1
1
18
8
20
5
4
:hael
3
10
9 1
4
2
6
2
15
6
3
9
4
3
4
2
2
16
7
19
18
10
;rick-Juxta
6
4
0
5
15
11
6
17
0
5
11
3
5
11
0 i
4
1
8
34
0
10
ben .
I
5
0
2
0
0
2
0
0
1
10
0
1
5
0
2
5
0
10
5
0
4
17
6
4
5
0
6
6
10
10
0
2
15
0
2
16
0
31
9
6
aid ! !
1
0
1
5
0
1
7
\
1
0
0
1
0
0
1
10
0
7
2
6
St.. . 1
1
0
1
3
10
10
1
0
0
1
15
0
1
10
0
2
10
0
11
5
10
v.— No. 7-2. 1 69"
OKE AND FORETOK HISSIOIfART EEOOBD OF TQB CHUBOH OF 8G01XAND. — JtJLT 1,
Presbyteries and
FarUhes
Xdooa-
tion
India
34. iMcm
T ■ <1
Lit p> a.
r)Gr) Anichattan .
4 13 1
0 7 5
rxtft Duror
0 10 0
Ctleiiorchy .
1 10 0
1 6 0
dtW KilhrMiidon .
0 8 0
0 15 6
r>i;<) Ivilchreniian
570 Kilmore
10 0
1 0 0
571 Kiliiinver
2 0 0
572 Littmore
0 16 5
573 Muckaira .
0 15 0
3ft. MiiIL
574 Ardnamurchaa
575 Str Hitian .
576 Aucharacle
577 foiiH
578 Kilflnichen .
579 KilniniaD
^8U KKilochtpelrie
W Mnrren
582'SHlen
583 Poliermory
5S4 Tyree
585 I'oroMjr
586 Uiva .
36. Dnnkeld.
587 Auchtergavea
58S BUir-AtliuU
589 Caputh
690C«rKill
59lCiuDie
59*2 Dunk eld iind Dowally
593 Duiikeld, Litile .
594 (viensiiee . ,
595 Kmclaven •
596 Kirkiiiichael
597 I^etlieiiily and Kioloch
59 Moulin
599 Kti tray
600 Tenandry .
37.
601 Dull .
602 Grandtully Mission
603 Fo^n .
«f04Pirtinffa11 .
605 Innerwick in Qlenlyon
S0< Amulree •
607 Rtfiimore
608Killin .
609 Kiiildcli-Rannoch
6loLc>gierHit
€11 Weem
38. Perth.
612 A»>er(lRl^ie
613 A^HTru'lliy
615 ) TOii .
GI6 Dunbaniey
6l7,Krrol
618 F«)rjrrt"(lenny
619 Forteviot
l_
176
L. s. d.
0 6 8
0 10 0
1 10 0
0 6 0
0 12
1 0
0 17
1 16
0 19
0 10
0 11
1 8
5 11
18
0
0
0 10
0 18
2 0
2 14
16
6
15
11
5
3
11
Colonies
L. s. d.
0 3 10
1 0 0
10 0
0 10 3
Q
K
9
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5
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1
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2
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30 12
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1
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0 10
0
0
12
0
0
I'o
0
0
12
0
0
10
0
0
10
0
0
13
6
1
2
6
0 15
0
0
16
0
0
17
6
2 3
6
1
U
6
1
8
0
1
12
0
1
10
6
1
0
0
1 3
0
2
7
0
2
15
0
2
8
6
2
6
6
2
13
0
2 8
0 !
1
7
0
1
0
0
1
0
0
1
0
6
1
1
0
0 10
I
3
5
2
4
3
2
0
2
2
3
8
0
19
2
1 7
?!
1
11
6
1
6
6
1
11
6
1
6
6
1
1
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1 6
6 !
12
15
0
13
7
3
14
5
8
13
13
10
12
4
6 1
12 1
7 .
Jews
L.
8.
d.
L. s.
d.
0
8
0 11
6
1
0
0
1 6
0
0
7
0
0 11
0
0
8
3
1 0
0
0
9
7
0 13
0
0 15
1 7
0 17
0 14
3 17
2 "6
1 14
15
12
9
10
16
5
13
0 16
1 12
1 14
0 I
3
AND FOREIGX MTSSIOKART RECORD OF THE CHURCH OF SCOTLAND. — JULY 1, 1859.
»yteriea and
'aiishes
Educa-
tion
India
Home 1 Goloniofl
Jews
Endow-
ment
Total
I Clmrcli . q. a
r . ,
Qreenock.
y '
k— '
Church •
e do.
lo.
tsburn . q. 8.
1 Church .
>
}lm
orlie . q, a
) . .q. i.
uigow
OamiltOB.
e .
aren, East qj.
I .
)ini . q. s
ang
lethan
Tie .
1 . .
Iton . q, a.
I
East .
d,New !
3 .
ton . q, a,
d, Old .
iU .q,a.
se •
Ziaiuurk.
lel ! !
1 !
lis . q. a.
joha
mard'fl . q, a,
nd Koberton
unbarton.
ck !
L. B. d. L. 8. d.
12 0 0
6 10 0 j 5 0 0
L. B. d. ' L. 8. d.
1 2 6 10 6 0
5 5 0 1 3 9 0
L. 8. d.
0 8 0
4 0 0
L. 8. d.
18 0
3 2 0
L. 8. d.
5 4 6
27 6 0
52 17 6 , 67 U 4 ' 77 14 9 | 30 5 4
27 19 9
67 7 11
323 19 7
4 6 0
3 5 0
4 0 0
23 0 0
2 0 11
1 2 0
9 9 0
2 'i 9
3 7 0
3 13 0
3 13 0
5 0 0
42 0 0
1 "3 0
13 "i 0
0 6 0
1 18 10
3 10 0
3 12 0
'310
8 0 0
21 0 0
5 1 0
2 0 0
1 0 0
1 15 0
9 19 6
5 0 0
2 i'9 6
2 7 0
1
1
3 0 0
2 18 0
4 0 0
18 0 0
3 3 0
1 19 6
2 "5 0
9 '16 7
5 0 0
0 6 0
1 17 5
2 0 0
2 9 6
3 15 0
3 10 0
19 0 0
•••
...
7 "2 0
2 8 0
0 6 0
2 15 2
2 10 0
3 13 6
18 0 0
ion
9 2 4
0 "4 3
1 0 0
1 4 0
20 14 0
16 12 0
24 10 0
Ul 0 0
8 4 0
6 0 5
inn
*r *r f\
58 i'o 5
12 8 0
1 2 3
12 12 8
14 18 0
52 11 8
74 4 10
65 15 0
54 5 6
43 15 8
34 6 1
324 18 9
1
2 6 7
18 2 0
10 14 6
3 0 0
6 0 0
1 10 0
4 0 0
3 9 1
1 14 0
11 "5 0
3 12 3
2 IS 6
2 i '2 6
1 6 0
6 9 10
2 0 0
5 \ 'o 0
7 7 2
2 0 0
6 2 0
1 12 0
4 0 0
2 0 0
1 15 0
13 8 0
4 4 7
5 14 0
2 "i 6
6 "9 3
2 7 0
19 3 0
14 0 8
5 16 0
6 7 0
1 17 10
4 0 0
3 16 6
1 6 9
9 1 7 6
3 11 1
4 U 6
1 10 0
5 18 0
3 "s 0
11 8 1
7 0 0
6 12 6
1 0 0
6 0 0
3 12 0
1 8 0
9 0 0
3 2 4
4 '4 0
4 16 4
14 0
6 12 6
8 10
1 6 0
8 0 3
4 0 0
7 5 0
2 2 6
4 10 0
1 "i 0
8 7 0
2 16 0
2 "5 6
2 "i 0
1 7 6
4 4 5
2 2 2
3 8 0
9 2 9
2 0 0
6 17 0
2 0 0
4 0 0
3 0 0
0 15 0
9 "0 0
8 17 6
2 '5 0
2 5 2
1 8 7
10 8 9
11 16 9
50 17 0
60 13 5
23 i'6 0
39 3 6
10 2 4
26 10 0
15 17 7
7 19 9
60 i 7 6
21 3 9
17 "7 0
19 "1 0
6 16 1
40 2 9
i
79 0 3
64 8 6
83 19 10
69 7 9
52 12 2
62 9 11 411 18 5
3 10 0
1 1 8
1 5 0
0 1*6 8
1 7 0
2 2 0
2 15 0
2 10 0
3 17 6
0 11 6
2 1 0
2 lU 0
1 1 8
1 1 0
0 16 0
0 16 8
1 0 0
2 15 10
3 5 0
2 10 0
3 4 9
0 11 0
2 4 6
3 0 0
1 1 8
1 4 6
1 1*5 0
0 16 8
1 0 0
2 8 2
2 0 0
2 11 0
4 14 9
0 12 6
2 6 0
2 10 0
1 1 8
1 1 6
2 16 0
0 16 8
1 0 0
5 5 7
3 0 0
1 1 0
4 8 6
0 10 6
2 8 0
2 0 0
1 1 8
0 18 0
1 18 0
0 16 8
10 0
2 2 0
2 0 0
0 17 2
2 14 7
2 "1 6
1 "i 8
2 "5 0
1 14 0
0 18 4
2 0 0
4 6 6
3 0 7
2 8 0
13 10 0
6 10 0
5 10 0
2 5 0
8 19 0
5 1 8
5 7 0
14 13 7
15 U 0
13 14 8
22 0 8
2 5 6
12 19 0
21 17 4
21 16 5
23 10 3
25 14 5
17 9 7
17 8 1
127 16 1
6 2 8
1 0 0
0 i'3 0
6 2 8
1 0 0
6 2 7
0 15 0
0 1*2 0
6 2 7
10 0
24 10 6
5 0 0
178
flaSis AMD FOBUOV MimOKABT RBOOSD 09 TBM OHUBOK OV BOOTIJaill— JULT 1, in
No.
679;Kippen
6~0| Bucklyrie
681 Locropt
682',Logie
683j Bridge of AlUa
6 4 Port of Menteith .
68 5| Otrtmore
686|TillioouUr7 .
687 TullialUui .
42. XHunfomiliM.
688 Aberdour
689 Beath
690CarDOck
69l'Culro8t
692 Dalgety
693 Moesgreen
Duafermline —
694 Abbey Church
695 Andrew's, St.
696 North Church
697 InverkeithiDg
698 SaUne
699Torrybum .
43. XlaroM.
700 Amgaak
701 Ballingry .
702 Cleish
703 Fosiowty .
704 BlairiDgooe
705 KinroM
706 Muckart •
707 OrweU
708 Portmoak .
44. KlrkoAldy.
709 AbbotohiU .
710 Aucbterderran
711 Lochgelly
712 Auchtertool
713 Bamtisland
714 Dysart
7l5KenDoway .
7l6Kinghom •
717 lavertiel .
718 Kinglaatie •
719 Kirkcaldy .
Port Brae
Leslie .
723
724
727
728
720
721
722 Markinch
Milton
Thornton
725 Pathhead
726 Scoonie
Wemyss
MethiU
45. Cupar.
729 Abdie
730| Auchtermiichty
73llBalmerino .
732;Cere8 .
733iCollfc8aio
734jCreich
178
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IS
J
IB AKD TOSEXQH USBSUMAXT BBOOBD OF THB OHUSOR OF
SOOILAirD^— sP AV 1, 1859. ^
MDSTMnM ABA
Hon
ZbiUa
Ookml—
Total
L. s.
d.
L. s.
d.
L. s.
a.
L.
s.
d.
L. s.
d.
Ii. S. i
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1
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0
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0
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0
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5 0 n
8 0
0
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6
6
3
0
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0
8 8
0
40 14
5
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I 9
6
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6
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9
1
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1 2
0
1 15
1
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8
bog . .
1 0
0
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0
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0
1
11
0
1 1
0
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0
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0
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2 8
8
4 5
0
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7
3
0
6
4 5
9
8 17
0
22 19
I
0 11
0
0 10
0
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6
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9
6
0 12
0
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0
3 6
0
le * ! !
1 6
3
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2
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8
1
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1 7
4
1 6
7
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2
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0
1 16
0
1 16
0
1
16
0
1 16
0
9 0
0
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0
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0
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2
12
0
1 io
1
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I
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0 15
5
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10
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8
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6
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4 8
5
burgh .
1 8
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1 8
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1 8
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29 .15 11
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8
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11
St. Aadrows.
rcrombie
0 16
3
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ndrew's, St. .
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6
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truther, Wester
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I 15
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1
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tins .
6 13
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6 10
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3
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0
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6
27 1
11
goldmm
3 13
2
1 8
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1
8
6
1 9
6
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11 4
0
trathen
1 15
10
1 15
10
1 15
10
1
15
1 A
10
1 15 10
1 15
10
10 15
0
gle
2 3
0
3 10
6
1 17
0
1
10
0
1 8
0
10 8
6
rtyle
1 17
6
2 12
5
1 14
0
1
16
6
1 7
6
1 "9
5
10 17
4
hven
1 0
0
1 0
0
1 0
0
1
3 0
0
44 2
7
39 13
4
39 7
5
28 11
1
27 7
9
28 6
10
207 9
0
M. Forfkr.
Tlemno .
1 0
0
2 0
0
2 0
0
1 0
0
6 0
0
tachj
I 4
6
1 3
4
1 8
8
1
5
5
1 "3
2
I 12
4
7 17
0
michen .
1 9
8
1 9
7
1 U
9
1
5
9
1 7
9
7 4
6
Far
leu • •
4 0
0
5 10
4
4 I
0
4
0
0
3 10
0
4 3
0
25 4
0
t. James's . q. t
0 10
0
0 16
0
0
15
0
1 5
0
3 6
0
tnmis
2 10
0
2 7
0
2 0
0
1
15
0
1 12
0
2 0
0
12 4
0
erarity .
1 0
0
1 0
0
I 5
0
1
1
0
1 1
0
1 0
0
6 7
0
nettles .
1 I
0
2 11
0
1 I
0
1
1
0
1 1
0
1 1
0
7 16
0
riemoir .
2 6
2
2 7
2
2 11
10
2
17
3
2 0
0
2 10
3
14 12
8
oath Church . q, t
. 1 0
0
1 0
0
2 0
0
1
0
0
1 0
0
2 0
0
8 0
0
179
f-
f
f
4
4
: AND FOBBIOM MISSIOKABT BBOOKD OF THB OHUBOH OF 8G0TLAXD. — J17LT ly 1869.
Parlatim
Xduoa- { «M^t^
tion 1
Oakml—
Total
L.
t.
d.
L.
f.
d.
L.
f.
d.
L.
f.
d.
L.
f.
d.
Is.
i.
d.
L.
f.
d.
mot .
3
10
0
3
15
6
3
0
0
2
0
0
8
0
0
15
5
6
Ime .
1
2
6
0
17
7
1
14
4
1
8
6
1
10
11
6
13
10
•
I
0
0
0
10
0
0
10
0
0
10
0
0
14
0
3
4
0
St. .
3
8
3
3
13
6
3
14
6
3
14
6
3
1
0
17
1 1
9
Uir
2
10
0
2
10
0
2
17
6
2
3
0
2
13
6
2
12
0
15
6
0
»irn .
10
0
3
1 a
4
2
3
9
...
5
0
0
3
8
9
20
0
1 A
10
iuo .
6
6
0
16
8
6
8
10
7
6
10
9
12
4
6
...
'50
0
4
ey .
...
2
8
0
2
12
0
...
...
...
5
0
0
m
2
10
0
2
10
0
2
10
0
2
10
0
2
10
0
2
10
0
15
0
0
I
0
0
1
0
0
1
0
0
1
0
0
1
0
0
1
0
0
6
0
0
^rrie • •
...
1
12
6
...
...
1
6
2
2
18
8
fand Ctterline
2
0
0
2
10
0
2
2
0
2
5
0
1
12
0
...
10
9
0
icekirk
2
6
0
2
17
0
3
5
0
3
14
0
3
1
0
3
0
0
18
3
0
irk .
2
0
0
0
6
2
16
6
2
14
8
1
R
0
2
10
2
13
9
10
33
2
9
44
18
11
38
8
8
28
0
5
37
10
11
17
1
1
199
2
9
iBlMPdOOBa
jen — •
Church .
16
7
7
28
14
7
11
0
7
5
1
0
5
16
5
12
1
9
79
1
11
t Church .
12
9
4
20
17
1
8
0
0
10
13
2
9
8
1
11
16
2
73
3
10
:h Church •
3
13
1
5
4
1
3
17
I
1
19
10
3
7
10
3
19
7
22
1
6
.h Church •
5
6
4
6
0
5
4
11
1
4
12
6
4
10
6
4
8
7
29
9
5
rfriars*
6
4
11
7
12
6
5
11
7
5
10
3
8
15
9
7
1
6
40
16
6
»hn Knox*8 g, »
...
...
nement*t .
4
5
8
5
10
5
4
2
3
3
5
6
3
14
3
5
v
6
26
5
7
Sfachar .
3
12
8
11
14
6
5
0
0
3
15
1
4
7
3
4
7
0
32
16
6
nmBton
3
15
8
3
0
0
6
15
8
'^oodflide • g, ».
...
...
2
4
8
4
19
0
7
3
8
olbnm . g, ».
3
0
0
4
0
0
3
0
0
6
0
0
16
0
0
ory-DereDiuk
1
0
0
1
0
0
3
13
6
1
13
6
1
8
0
2
3
0
10
10
0
rie
2
5
3
1
13
8
2
3
1
2
8
10
3
7
8
1
14
6
13
13
0
1
11
2
2
0
1
2
0
1
I
11
2
1
3
8
1
3
8
9
9
10
• •
1
0
0
1
0
0
o
0
0
• • •
1
6
0
1
6
0
1
0
0
1
0
0
...
...
4
0
0
y
1
1 K
0
3
6
5
1
18
6
1
10
6
9
0
1
7
0
12
6
5
lUr .
1
*
2
g
I
2
1
A
V
1 1
I &
3
5
T, New
2
10
3
2
11
9
4
18
5
2
"i
8
2
9
4
3
4
11
17
17
4
lolter •
1
0
0
1
7
6
1
10
0
0
15
0
0
15
0
1
0
0
6
7
6
lit
2
0
0
2
0
0
2
0
0
2
0
0
2
0
0
10
0
0
•
1
1
0
1
3
0
1
0
0
1
0
0
1
i
0
5
5
0
ulter .
2
12
3
1
3
8
3
"o
I
3
12
11
1
6
0
11
14
11
ihen .
0
15
3
1
0
0
0
18
7
0
10
0
0
10
0
1
0
0
4
13
10
•
2
0
0
1
15
0
1
10
0
1
1
0
6
6
0
73
12
3
105
2
2
74
6
6
55
4
0
64
17
3
78
2
2
451
4
4
0*2felL
le, &c.
1
7
1
1
0
0
2
5
9
1
8
0
1
5
6
1
18
0
9
4
4
ory-Temta
6
6
2
7
3
0
7
2
5
9
3
4
4
10
2
5
4
6
39
9
7
•
1
11
4
2
0
0
3
18
2
3
12
11
2
14
1
1
17
4
15
13
10
•
I
8
0
1
0
0
1
6
0
1
5
0
1
10
0
1
5
0
7
14
0
•
I
6
10
1
10
0
1
7
9
1
11
0
1
6
0
1
10
0
8
11
7
e
i
u
n
V
1
0
0
1
0
0
6
4
4
11
13
8
1
0
0
21
IS
0
*iniir Mission
1
6
0
3
6
0
4
5
0
1
3
0
' * *
10
0
0
igaim Mission
f%
xt
A
U
A
U
1 1
o
_
0
ll
0
1
16
0
3
0
0
3
11
6
3
0
0
2
ll
6
2
12
0
2
5
6
17
0
6
uick .
2
3
8
2
1
4
2
17
0
4
19
6
2
8
6
1
12
0
16
2
0
liine CNeil
1
16
0
1
7
8
...
...
2
5
0
2
17
4
8
6
0
Coldstone .
1
1 A
Iv
0
1
10
0
1
10
0
1
3
6
1
17
9
3
6
4
10
17
7
lanan
4
0
0
4
0
0
4
0
0
4
0
0
4
0
0
4
0
0
24
0
0
ir
0
17
2
0
17
s
an
1
3
6
1
2
6
1
2
0
1
3
0
1
0
0
1
0
0
6
11
0
d and Migvie
2
16
6
2
17
6
2
12
2
9
6
2
14
6
4
5
4
17
15
4
31
8
I
31
12
2
35
7
1
43
16
7
41
0
2
32
12
10
215
16
11
1
16
0
3
12
0
5
0
0
4
0
0
1
16
0
2
10
0
18
14
0
ndoir .
1
0
0
0
15
0
1
0
0
0
15
0
0
12
0
0
18
0
5
0
0
;!i .
1
5
0
I
8
0
1
5
0
2
6
0
1
4
0
1
4
0
8
12
0
I
2
I
1
6
1
2
0
1
I
0
1
0
0
1
8
6
6
10
0
ticket
»,
1
0
12
0
1
0
0
0
14
10
0
10
I
0
16
5
3
13
4
181
nOME AND FOREIGN MISSIONARY RECORD OF THE CHURCH OF 8COTLAKD.— JCLT 1, ]i
r
Namoa of Auooiationa.
Educa-
tion
India i Home OdUmiea; Jews
Kelso I'iir K*h al Missi.>nary Assnc.
jKiliiiHriii rk l*.ir. di :il As» )c:atuJii
jKinfaiiiiii L'ar dual As^ni-ialioii '
Kirk>i!*i<tii l\ir>iciiial Ass cianon
'Kirkpilr ck-FIfiiiiiiu' Miss A*six.'. ■
'Loiul 11. Cr-'Wii C urt Juv. Mis. SiC.
jLowick C'lmrch. Nortliiiiiibcrluud
jLu«s I'an cli'al Ass ci<iliuii . j
'Nairn. l*n.'»l)\tiTy of . j
iPencaitlanil l^anicliial Association
Ricc^irtoii PartHrhiai Ai^sociatioii
SaUIUTII SCIIO 'L8 —
AbiTilour. Fife . •
Annan L'urisli Church
Falkirk ....
Glasgow — Barony, Blue Vale
Calton
St. Andrew's . |
St. Coluinba . ;
St. John's . I
St. Matthew's . !
St. Munyo
i{utlk>r^Ien • |
Shettleston, East Muiri
Granton ..."
Hamilton . . , .
Iiiihinarlo .
Kewhurgh .
Parkhill . . . |
St. Fergus . . . j
St Johns Church, Buenos Ayres
Stanley . . • j
Wistoii and Kobcrton . I
St. Andrews and St. Leonard*»:
Parifdies* Association
St. Andrew's Church, Perth, Canada,!
Missionary Association . |
St. Andrew's and Mount Rose
Churches, Granada . ■
Scottiiih Missionary Society .
Selkirk Paro<-hial Association I
Wcsierkirk Tarochiai Association <
Colonial Scheme —
From British North America
Jews' Scheme —
From Alexandria
I^or Cliurch, &c., at Cassandra
Lay Association
Total,
L. s. <1. L.
.-1 0
(1
8
0
0
5
10
0
0
5
0
U
5
0
0
0 11
1
0
11
1,
0
11
1
i
1
1
1
"6
0
0
0
u
10
0 10
15
1
iV, L. s. d ' L.
0
0 2
0 0
4 0 0
1 10
4 10
0 0 14
o;
I 0 6
O' 0 10
I 10 13
1 9
C 13
0 9 o:
1 3
1 0
0 is
0 6
2 0
0 13
0 6
6
0
5
Oi
2
0
0
0
0
0 *5
o'
0
5
0,
0
1
6
0 1
6
0
2
0
8
2
t
7 4
11
4
9
6 10
2|
60 "6
0
4
"6
0
4 0
0
6
0
0
1 17
0
9. d j L. s. d L. s. d.
8 3 5 10 0 5 0 II
0 0 2 12 10 o 0 M
11 I 0 II I 0 H 1
2 « 0
0; 2
a 8
0
0
0 0'
0 0:
•o o'
0 0.
8 o!
13 2
0 7
0
0 10
0
0 10
6 3
3
1 0
»i
0 12
2'
1 b
1 0
0
1 0
2 0
2 b
2 10
0 17
0 5
0
0. 2 0 0
4 10 0
0 6 0
3 0 0^ ...
... i
I
0 IS 8
0-5 0 ...
... .0361
6 15 7 6 13 1
3 9 10
10 0
16 10
7 2 '6 0 I. 90 14
2 0 0 4 0 ^1
3 16 10
12 i 62 18 9 73 S Oi'
4 11' ... ! I
142 0 0 .« '
163 7 6 '
... ... _J
17 0373 6 3 73 » OS
nr.— SUBSCRIPTIONS AND DONATIONS FROM INDIVIDUALS, ASD
MISCELLANEOUS COLLECTIONS.
Names
I Eduoa^
I tion
Anonymous Contributions .
Anstrutiier, James, Esq., W.S.
Baltour, Janu s, Esq., W.S. .
Banks, Meyrick, Esq. of Letterewe
Bavley. Isaac. Esq. .
BeliiHven, Tiie Kight Hon. Lord
Bell, llobert. Esq , Advocate
Blackwood, Messrs., & Sons .
Boyd, John, Esq.
L. s.
26 13
1 1
188
ZndU
d. L.
8j 41
0
O'
0
0
2'
s.
IG
Borne ;GoloBies
B. d.
18 8
1
0
2
0
1
9 101
0 0
L. 8. d. L.
24 12 0 55
Jews
Eadov
8. d.
2 0
L ui
13 13 !
FOBEIGK MISSIOITART BBOOBD OF THB OHUftCH 09 SCOTLAND. — JULY 1, 1860.
tea
Xdooa-
tion
iBdU
J9wm
mmmt
Total
L.
d.
L.
8.
d.
L.
a.
Ui
A
u.
A
a.
T. m
A
a.
Li,
t.
a.
AdTocate
X
Q
•a.
...
...
1
1
A
u
of Balloch
2
Q
Q
•>
A
U
A
u
Isting
0
10
Q
0 10
0 10
A
V
n in
A
V
0 in
A
n in
A
u
o
o
A
U
A
u
r .
10
0
0
...
10
0
0
q.of Drampellier
R
O
n
u
...
...
...
...
r
O
A
u
u
. of Gadgirth
1
J.
...
...
...
1
0
0
il .
.••
...
1 A
A
u
1
0
0
Isq.
1
"i
Q
...
...
•••
...
1
1
0
Esq. of Balli-
1
0
0
..
...
...
1
0
A
u
sq. of Colgrain
3
0
0
...
...
...
8
0
A
V
Ksq.of Sttmefleld
5
0
Q
...
...
...
...
5
0
A
U
Esq., W.S.
1
1
...
...
...
1
1
A
u
;hibald IbUlj, of
6
0
...
...
...
•••
6
0
/\
V
)reland
0 18
0
• ••
...
0 13
A
u
iq. of Stronvar
2
"6
Q
...
...
...
2
0
/l
u
11., Esq.. W.S.
0 10
D
...
...
...
...
0 10
D
Esq. of DormoDt
1
0
Q
...
...
...
•••
1
0
A
U
, W.S. .
0 10
6
...
...
...
0 10
D
)ert8on, Esq. of
50
0
Q
...
50
0
u
...
...
100
0
A
u
I
1
0
...
...
...
1
1
A
1/
.C.
...
...
...
O \J
Oi
8
0
A
U
Lord Justice
1
1
0
...
...
•••
...
...
1
1
A
U
Esq.. Seaside
1
0
0
...
...
...
...
1
0
A
U
atery Butts
5
0
Q
...
...
...
...
5
0
A
U
Advocate
I
1
0
...
...
...
...
1
1
A
U
I, W.S. .
5
5
n
u
...
• ••
...
...
5
5
A
U
, Edinburgh
5
0
A
u
...
...
...
...
...
5
0
A
U
.
1
1
Q
...
...
■ ••
...
1
I
A
rtha, Mauchline
...
...
...
0 12
0
...
0 12
A
w
£sq., W.S.
1
0
n
...
...
...
...
1
0
A
U
Ssq.
1
0
u
...
...
...
...
...
1
0
0
>rres Street
...
...
2 0
A
V
2
0
0
kCo.
0 10
a
D
...
...
•••
0 10
n
D
torphine .
°
7
0
0
7
0
0
7
0
0 7
0
0 "i
0
...
1
15
0
iq. of St. Mungo
...
2
0
A
U
...
...
2
0
0
sq. of Cayers
5
0
A
u
...
...
5
0
0
fatten.
0
"i
A
4
A
u
0
4
A
u
A 1.
A
u
A A
A
u
1
0
0
Esq , Loncforgan
?
0
A
u
...
• ..
...
1
0
A
0
Esq. of Eden
1
"o
U
...
...
...
...
1
0
0
1
A
u
...
...
...
...
1
1
0
sq. of Amiston
2
0
0
...
...
...
...
2
0
A
u
das, Largo House! 1
1
0
...
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5 0
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, Esq. of Lcnnox-
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of Finzean
8
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3
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8
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Esq. of Keirlaw
1
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Messrs. .
0
5
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Ksq., Ross- shire
1
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., Advocate
1
1
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1
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. of Parkhill
5
0
0
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...
5
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f Swiney .
...
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10 0
A
10
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...
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1 0
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y. Esq., W.S.
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5
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2
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ankie Cottage
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189
BOMB in> woamm xMsnm axt bicobd of thb ohuboh of sootland. — jclt i,
GENERAL STATEMENT of CONTRIBUTIONS, COLLECT
kc., raised in aid of the SCHEMES of the CHURCH OF {
LAND, and for Objects connected with the Church,
For the Year ending 15th April 1859.
I. PAROCHIAL COLLECTIONS at CHURCH DOORS,—
Amount, as on page 187, • • • . L.16,d5
PAROCHIAL, CONGREGATIONAL, MISSIONARY, and other
ASSOCIATIONS,—
Amount, as on page 188, . • • . 2,58
IIL SUBSCRIPTIONS and DONATIONS from INDIVIDUALS, and
MISCELLANEOUS COLLECTIONS, Ac,—
Amount, as on page 191, • • • • 33,38
IV. LEGACIES,—
Amount, as on page 191, • • • . 2,62^
Sun, L.54,857
V. CONTRIBUTIONS to CO-OPERATIVE ASSOCIATIONS,—
Ladies' Association for the Advancement of Female Education in
India, • %,US
Ladies' Association for Promoting the Christian Education of
Jewish Females, ..... 465
Ladies' Association for Promoting Female Industrial Education
in Scotland, ...... 176
Ladies' Gaelic School Association, .... 292
Ghospara Mission of St Stephen's Congregation, Edinburgh, 193
Total, I,.58,021
Edinburgh, 27ih. June 1859. — The preceding Abstracts and Statements prepar
submitted by
GEORGE MURRAY,
General Auditor and Accountant for the ScJiernes of the Cknn
rrintofl by Thomas Patojc, residing at Bushhousc, Mu9aplbnr;:li, and William Hitchik. residinf^ at 2 Tpper t^**-
tdinbur^'h (ol thctinn ol Paton A>n KiTcmt), at iheir Printin-r Office, 13 Georjfe Street, Edinburgh ; and Put
the /'jr«t day of t-ach Month, by Pato?i anu RnciiiK, al M I'rinres '^treet. Edinburgh.— All Communicatifli)'
Ki)iTOK,if intended for iininediate insertion, should be addrcsbed totho Printing 0 dice, 13 Qkorob Szbixt,£«1
not tnfcT than the IQth of the monih.
1
u
t ■ • ■ ■ ■ **
J
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