(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "[Acts, reports, etc.]"

Go ogle 



This is a digital copy of a book that was preserved for generations on Hbrary shelves before it was carefully scanned by Google as part of a project 
to make the world's books discoverable online. 

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 

Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 
publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to 
prevent abuse by commercial parties, including placing technical restrictions on automated querying. 

We also ask that you: 

+ Make non- commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other 
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner 
anywhere in the world. Copyright infringement liability can be quite severe. 

About Google Book Search 



Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web 

at http : / /books . google . com/ 



.■I 

i 

1 
1 



P 



ft 



6k/^t.jCio^ " er6^ aJtyLtr*\^ (^/c/{Ay<.^ ^-O^^J/y^f 
I*j J^yttM^ CPU: — ^ Acc^^j^fe^fo^ 




'I 



r s 



•ii: 



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 Bar clay, Esq., LL.D., SheriflF-S ubstitute 
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 

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 



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 

He has also an allowance for stationery of . . 3 3 



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 

Allowance for coal, light, and stationery, . . 12 10 8 

For acting as Sub-Clerk to Royal Bounty, the very in- 
adequate amount of • . . . . 20 

One-half of fees on Commissions, Extracts, &c., , 22 10 



Making in all, 255 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- 







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. J ohn 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., ^y gh Bar clay. 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 Barc lay, 
— 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 

Less Income Tax, . . . 22 18 4 

1077 1 8 

HI. Chur ch J)00R Colle cj^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 

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 

Officer at entrance to Throne, . . • . 3 3 

Precentor, . . . 2 15 



£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 

Principal Clerk, . . . 3 3 

Sub-Clerk, . . . . 3 3 

10 10 

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 

Cleaning and Lighting Hall, . . 3 4 

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, . . 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 



£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 

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 



£2321 9 4 

II. Travelling Expenses of Candidates, . . . 24 1 

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 



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 

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 

Amount deposited in Bank at 15th April 1859, . . . £39 

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 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 



Carryforward, £3178 9 £3290 4 



PUBLIC ACCOUNTS OF THE CHURCH. 



99 



EDUCATION— Continued. 



Brought forward, £3178 9 £3290 4 

3. Donations — 

1. From Parochial, Congregational, and Missionary Associa- 

tions, . . . £164 12 7 

2. From Individuals, . 88 2 



262 14 7 



4. Legacies, . . . . . . 759 2 1 

6. Contributions from Lay Association, for the year 1858-59, 460 4 

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 
35 7 

257 12 

9 1 
20 11 







9 

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 



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 







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 

2. Commissions allowed on Subscriptions, &c., in Edinburgh 

and Glasgow, . . 10 



40 19 



9. Expenses of Management : — 

1. Salary to Secretary — ^£250 per annum- 

Proportion chargeable upon the General Branch of the 

Scheme, . . . . £187 10 

2. Salary to Clerk of the Committee, £135 — 

Proportion chargeable upon the General Scheme, 101 6 

3. Allowance to Auditor and Accountant — 

1. For Auditing, Framing, and Beporting upon the 

Accounts for the year ending 16th April 
1868, . . . £18 18 

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 

891 12 6 

III. Payment into the East and West India Fund Account : — 

Sum, . . . . 200 

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 



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 

2. Payment towards purchase of Boarding-house in Picardy 

Place, . . . . . 630 

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 

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 

See General Abstract — Discharge, Branch III. 

IV. Interest on Bank Account, . . . 1 15 



Sum, £1055 12 3 

discharge. 

I. Sum advanced towards Purchase of Boarding-house in Picardy Place on 
15th May 1858, . . ~: . . £630 

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 

£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 
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), . . 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 



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 5 

819 15 4 

942 10 



£2821 5 9 



2. Outfit and Passage-Money of Mr Grant to Bombay, . . 157 

3. Grant by the Committee to the Rev. W. White on 

his return from India, . . • • . 50 

4. Expense of Stamped Records for India, . . . 15 6 

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 



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 

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 



£63 



25 



16 4 6 



7 
7 



£3124 1 
10 9 
33 13 9 

9 

4 

9 9 




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 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 
11. Dividends on £3000 Stock of the Royal Bank of Scotland- 
Due at Midsummer 1858, .... £87 15 
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 



io4 



F&BLIO ACCOUNTS OF THE CHUECH. 



INDIA MISSION— GoNnKUBD. 



DISCHARGE. 

Loans to General Fund — 

On 18th November 1868, . . £300 

On 16th January 1869, . 87 15 

£387 15 

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 

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 

2. Capital Stock of the British Linen Company, . 300 

945 

IV. ; Crichton and Wilson Fund — 

Amount invested in BaUway Debenture, .... 1500 



£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 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 



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 

7 



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 






2 



49 7 10 



32 9 10 



48 



26 
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 

On 15th January 1859, . . 87 15 

£387 15 

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 

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 

2. Capital Stock of the British Linen Company, . 300 

945 

IV. I Crichton and Wilson Fund — 

Amount invested in Railway Debenture, .... 1500 



£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 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 



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 

7 



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 






2 



49 7 10 



32 9 10 



48 



26 
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 

2. Allowance to Secretary's Clerk, as fixed by Com- 

mittee — 

For one year, . • . . 35 

3. Auditor and Accountant — 

For Auditing, Framing, and Report- 
ing upon the Accounts for the 
year to 15th April 1858, . £17 17 
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 

232 10 

160 

140 

50 











£2194 12 9 
382 15 6 



807 10 



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 



£2606 11 11 

2. Legacies, . . . . . 149 3 6 

3. Contribution from "Lay Association" for the 

year 1858-59, . . . . . 201 6 

4. Contributions from British North America — 

From Presbytery of Pictou, . . £127 5 11 

From Presbytery of Montreal, . 99 19 



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 

Rev. J. Paterson, . . 109 11 10 

Rev. J. Rannie, . . 150 

Rev. J. Moffat, . . 125 

£422 1 10 

(2.) Hamilton — 

Rev. W. Masson, . . £118 

Rev. John Hay, . 70 

188 

(3.) Kingston — 

Rev. A. P. Marshall, . . . 150 

(4.) Toronto — 

Rev. R. W. Ross, . . . . 47 15 6 

(5.) Glengarry — 

rJv. Jas. S. Douglas, . . 60 

(6.) London — 

Rev. R. G. McLaren, . £150 
Rev. Chas. Campbell, . 46 

Rev. Fras. Nicol, . 34 18 7 

231 7 

£1088 17 11 



2. Synod of Nova Scotia. 

Presbytciies. 
(1.) H'di/ax— 

Rov. James Wilson, . . £135 

Rev. John Martin, Superintendent of Missions, 100 



Carryforward, £253 £1088 17 11 



PUBLIC AC(X)UNTS OF THE CHURCH. 



COLONIAL CHURCHES—CoMTiNiraD. 



Brought forward, £235 £1088 17 11 

(2.) Pietou— 

Hev. James Mair, . £70 

Bev. James Christie, . • 87 10 

Bey. T. TuUoch, . . 160 

BeT. Alex. M^Gillivraj, M'Len- 

nan's Mount, . 60 

Bev. John M*Lean, . 24 

391 10 

(3.) Prince Edward Island — 

Bev. Wm. McLaren, . . £137 10 

Be?. Andrew Loolihead, . 100 

237 10 

864 



3. Synod op New Brunswick. 

Prcsbyterieji. 
(1.) St John— 

BeT. A. Forbes, . . £37 

BeT. Peter Keaj, . . 46 15 6 

Bey. J. Boss, . . 75 

Bey. H. J. M'Lardj, . 85 14 7 

Bey. D. Stott, . . 77 15 

Mr ^neas Macdonald, Catechist, 20 



(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 



4 





100 



50 



£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 



129 



229 



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 



50 

£3065 9 



Carryforward, £383 7 9 £3065 9 



PUBLIC ACCOUNTS OF THE CHURCH. 



109 



COLONIAL CHURCHES— CoNTiKUBD. 



Brought forward, £383 7 9 £3055 9 
To Australia, two Ministers, . . . 173 

To Ceylon, one do., . . . . 110 



3. Grafts to Churches— 

To Greorsretown Church, Prince Edward Island, . £50 

To St Andrew'8 Church, Newfoundland, . . 50 

To Church at Point Levi, Quebec, . . . 100 



666 7 9 



200 



4. Graft for df^fraying Expenses relative to recovery of St Mark's 

Manse, Demerara, . . . • 75 

5. Grant to Rev. Geoi'ge Harper for Travelling Expenses to Mara, 

Berbice, . . . . . . . 54 

6. Grant to Rev. A. P. Marshall for Passage Home from Toronto, 10 

7. Grant to Queen's College, Kingston, Canada — 

For College, ..... £300 

For Bursaries, • . . . 35 



335 

8. Donation to Student at Queen's College, 5 

9. Travelling Expenses of Candidates, . . . . 14 2 

10. Expense of Missionary Record for the Colonies, to April 1859, 27 5 

11. Expense of Ordination of Missionary, . . 3 3 



£4445 6 9 

12. Expenses relative to Paris Mission, .... 427 

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 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 

16. Printing Annual Report, Notices of Annual Collection, Circulars, 

&c., . . . . . . . 67 5 

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 



46 19 2 



Carry forward, £45 £5147 15 



110 



FUBLIO ACCOUNTS OF THE CHURCH, 
COLONIAL CHURCHES— CoKTmuKD. 



Brought forward, £45 £6147 16 

2. Salary to the Clerk to the Committee, a year, to 31st 

December 1868, . . . 20 

3. Allowance to Auditor and Accountant — 

For Auditing, Framing, and Beport- 
ing upon the Accounts for the year 
ending April 15, 1858, £13 13 

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 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 

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, . . . . . . 6 6 

Sum, £97 7 3 



DISCUARQE. 

I. Payments to Students — 

To two Students in Edinburgh, . • . . £30 

To two Students in Glasgow, , . . . 50 

£80 

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 



£2194 5 6 

2. Legacies, . . 149 3 4 

3. Contribution from " Lay Association" for the year 

1858-59, 133 6 

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 
37 10 



2. School Rents and Greneral Expenses connected with Missions 
at Salonica and Cassandra, .... 



£300 

250 

37 10 

185 

105 

£877 10 



112 10 
107 7 



£1097 7 3 

(3.) Smyrna — 

1. Salaries — 

Rev. Mr Coull, .... £300 
Rev. Ml- Eenoliel, to March 1, 1859 (and in- 
cluding expenses of return to Britain), . 226 13 4 
Mr Rosenberg (three quarters), . . 112 10 

Lay Agents . . . . 269 17 2 



Carry forward, 



£909 6 £1097 7 3 



PUBLIC ACCOUNTS OF THE CHURCH. 



CONVERSION OF THE JEWS— Cohtinued. 



Brought forward, £909 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 

50 

£400 

25 1 11 



099 



11 



(2.) Damistadt — Mrs Lehner- 
l*roportiou of Salary, 



£250 

11 13 6 

£261 13 6 

20 



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 

£3053 8 7 

149 4 

73 2 

2 13 6 

130 7 2 



220 3 



71 10 3 



32 9 11 



48 

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 

4. Incidental Expenses, . 8 13 6 



14. Expenses of Management. — 

1. Secretary and Treasurer — 

For the year to 16th April 1869, . . £60 

2. Auditor and Accountant — 

For Auditing, Framing, and Reporting 
upon the Accounts for the year end- 
ing 16th April 1868, £10 10 

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 



£794 7 1 



27 10 9 



£821 17 10 

2. Contribution from " Lay Association" for 1868-69, . 133 6 



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 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 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 

(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 1 



6254 10 5 



£40 2 



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 

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 

• 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 

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 

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 

4. Inoidenti^ Expenses, 13 6 



12. Expenses of Management — 

1. Secretary and Clerks — 

A year to 27th February 1859, . £120 

2. Treasurer and Clerks — 

(1.) Allowance for the year to 15th 

April 1859, . . £35 

(2.) Charge for Assistant- Clerk's Sa- 
lary, from 2l6t October 1858 
to 30th April 1859, 32 9 

(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 

(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 



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 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 




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 IVedijUg j 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 co n veyance 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,— 



Campbell, Archibald, Wright, Port-Ellen, 36 



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 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; 
l iac h l an 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 ; b ut the Objec te ra are gi r en 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, 
•wteahH he Pi e ooatoo is no t 

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 deli v e iy had more tlu > 
^ ^■ ee it a tioa o f the uomp e sition o f another t han of eaineHt and d ljt^tt appeal 16 thfe Utider^ 
img and t he heait — That the HtifViWB had ev(iry appeai - auce uf behig gut up fui the uccasi on, 
t i lfVinn^ii T»w I'linppw^pfiotii^ TinwnA^iTy >u>^it^ 1kr^^ fltill mom rt b iTi pt l y bmnj r h t i t o H r l nfiD 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,— 



Campbell, Archibald, Wright, Port-Ellen, 36 



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 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 ; b ut the Objecto r s are gi v en to undor f 
stand that the Pxia ^tee has laiely if ever an English serv i ce in h is present charge, and that h e i s 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, 
ul i ii i l i li l ie Prooonteo i s n at 

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. T h at the deli v e ry had more the 
e h a f ft e tef oTr e Qitation of th e eompesiti o n e f anothor t han o f earnest a nd dii^ appeal 16 th6 Uftd6r> 
staadMyt md the hea r t. — That the BWViixs had eviiry appearance uf being gut up ibi the uixasi on, 
^iilflinTigii Tinnnf innppi-npinofi>^ Lninno/iijr Vw>^i^ ftTifl itjU mftm ft hmptly l i rmij r hti t fi H r i nnni 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 Magdon ald, 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 
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 

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 
]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 

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 
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 

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 
sitle nd e d 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 
re fe rred 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 

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 
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 

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. 



P ep on aa^ 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, 



P ep on aa^ 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 ex p r e s s 
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 

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, 
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 Prt i cnte e ' 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. 

Interrog a te d 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 
che ated, 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 
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 
d ep cmed 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 

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 
witne s s i 

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 

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 
i n si n uati ng 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 Prt eb yteiy 
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 
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 

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 
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 

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 

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 
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. 

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 jEa t a b l i ahed 
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 
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 Pic s byt e ty 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 Pirc sb ytery 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 

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^n gligli 
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