Annals of the General Assembly of the Church of Scotland : from the origin of the Relief in 1752 to the rejection of the overture on schism in 1766 ; with an appendix of biographical sketches, illustrative documents, and notes

LIBRARY OF PRlNOElON

THEOLOGICAL SEMINARY

BX9075.A^ A615 1840
Annals of the Gener^i Aq<;p>.)RL
THE Church of Scotland rFRoM
OF the Relief in 1752 tq jme

ANNALS

OF THE

GENERAL ASSEMBLY

OF THE

/
CHURCH OF SCOTLAND,

FROM THE

ORIGIN OF THE RELIEF IN 1752,

TO THE

REJECTION OF THE OVERTURE ON SCHISM IN 1766
WITH AN APPENDIX

OF

BIOGRAPHICAL SKETCHES, ILLUSTRATIVE DOCT'MENTS,
AJSD >"OTES.

EDINBURGH :
JOHN JOHNSTONE, HUNTER SQUARE.

f nntcd by John Joiinstonc, lli<;li Stret t, Kdirht:

PREFACE.

The present volume of the Annals embraces, like the for-
mer, a period of fourteen years; A-iz., from the year 1752,
the date of Mr Gillespie's deposition, to the year 176*6,
when another conflict ensued between the two parties into
which the Church was divided, regarding an overture pre-
pared by a Committee of the previous Assembly anent the
causes of the " schism " which had been produced bv the
Secession and Relief — a schism which was described as " so
very remarkable, and which seemed to be on the growing
hand"

That Committee had reported, that " the abuse of Patron-
age had been one chief occasion of the progress of Seces-
sion," and they overtured "that the Assembly would be
pleased to consider what methods might be employed to
remedy so great an evil;" and submitted, "whether it
might not be expedient for this purpose to appoint a com-
mittee to correspond with presbyteries and gentlemen of
property and influence, and to report."

This overture, after a long and stormy discussion, was re-
jected, but only by a majority of 99 to 85 ; and the fact of
such a proposal having emanated from a Committee of one
Assembly, and been lost by so small a majority of the next,
shows, in connection with other circumstances, that a cer-
tain temporary reaction had taken place in favour of what
were called popular principles, and seems, therefore, to
mark out the year with which the volume closes, as another
remarkable epoch in the Church's history.

It is true, that in giving eff'ect to the law of Patronage,
the practice of the Assembly continued to be in accordance
with the precedent set in the memorable case of Inverkeith-
ing, in 1752. Disputed settlements, though less frequent

IT PREPACTE.

than in the former period, occurred from year to year.
Sometimes the differences were adjusted by an amicable
arrangement among the parties. Thus, in the vacancy at
Biggar, Mr Haig, the unpopular presentee, agreed, after a
tedious litigation, to exchange situations with Mr Johnston,
chaplain of Edinburgh Castle, who was known to be ac-
ceptable to the parishioners. In the case of Jedburgh, the
person first presented was Mr John Bonar, then minister of
Cockpen, and afterwards at Perth, the grandson of Bonar of
Torphichen, one of the " twelve Marrow-men ; " but the
people of Jedburgh being determined to " stand or fall to-
gether " in favoui- of Boston of Oxnam, a son of Boston of
Etterick, Mr Bonar declined " to face so numerous an op-
position." The Assembly found " that both the presentation
and concurrence ought to be sustained, but that it was inex-
pedient to prosecute the same," reserving, however, to the
crown as patron, the right to present anew any qualified
person within six months, in terms of a requisition made
by the Lord Advocate to that effect.* A similar compro-
mise was entered into the following year, in the case of
Abbotshall.t But, on the other hand, in every case upon
record in which the patron or presentee urged the matter to
a decision, the Assembly uniformly determined it in their
favour.

Yet while the disposal of individual cases proceeded ac-
cording to one invariable rule, there arose, as we have seen,
towards the close of this period, a fresb movement towards
some modification of the law of Patronage ; and it seems to
have been encouraged by not a few of those who had here-
tofore been reckoned abettors of moderate principles. The
principal cause of this is doubtless to be sought for in the
alarm occasioned in the minds of many, by the rapid and
extensive progress of dissent, or rather separation. The
Seceders had split into two bodies — Burghers;|: and Anti-

* See p. 84. f See p. 134.

% The former held the lawfulness of the Burgess Oath, the lat-
ter denied it. The subdivision of these two bodies inio four, oc-
casioned by a difference of opinion as to the power of the civil
inaj^istrate in rehf^ious matters, took place at a subsequent
period. They then branched out into the Old Light Bur/^hers,
the Old Light Antiburghei'S (both adhering to the ancient prin-
ciple) ; the New Light Burghers, and the Nfw Light Antibur-
ghers, between whom, however, a union has since been effected,.

PREFACE. V

burghers ; but this division, if it was for a time a source of
internal weakness to themselves, proved ultimately more in-
jurious to the National Church than their continuance in
one body would have been, inasmuch as every new con-
gregation, however small, formed the nucleus of a new
"interest," which could only be maintained by enlisting
supporters from the ranks of the Establishment. In the
year 1761, moreover, another denomination was originated
under the name of "The Relief* — for the re^iV/ of Chris-
tians oppressed in their Christian privileges." It was com-
posed of the adherents of Messrs Gillespie, Boston, &:c.,
and was joined by Mr Baine of Paisley, Mr Cruden of
Logie-Pert, and other ministers, who resigned their li\4ngs in
the Church, solely on the ground of the rigorous application
of the law of patronage. These were circumstances which
naturally excited attention and concern among men of all
parties ; and accordingly, we find that the main ground
upon which the overture anent schism was made to rest, was
the admitted fact, that by the year 176*5, there were in Scot-
land no fewer than 120 meeting-houses, attended by more
than 100,000 individuals, t

But besides the apprehensions created by the increase of
separation, " as having so threatening an aspect to the
Church, the interests of religion, and the peace of the coun-

with the exception of a few of the last mentioned body, who
after forming for some years a ffth section, ultimately connect-
ed themselves with the Old Light Antiburghers. A portion of
the Old Light Burghers has lately rejoined the Established
Church.

* The more immediate cause of the formation of the Relief
Presbytery, was the transportation of Dr Chalmers from Elie to
Kilcouquhar, as described in the present volume (p. 201), where
the reader will find the speech of Witherspoon. In consequence
of this violent settlement, Messrs Gillespie and Boston met at
Colinsburgh, a village in the parish of Kilconqiihar, in October
1761 ; and after admitting a Mr Colly er (who had been a Dis-
senting minister at Ravenstone, in Northumberland), as pastor
of a congregation there, proceeded to form, along with him, " the
Presbytery of Relief."

t Adam Gib, the leader of the Antlhurgliers, maintained that
the latter number was greatly overrated ; but there was no dis-
pute as to the number of meeting-houses. The population of
Scotland in 1755, according to the census of Dr Webster, was
1,265,380.

A 2

VI PREFACE.

try" — there was a charn;e brouojlit against the dominant
party, which seems to have had considerable eiFect in dimi-
nishing for a time their influence, or at least, in reviving
more powerfully and extensively the dormant opposition of
their antagonists. Their leaders were accused of " eliding
processes against scandalous ministers," and of systematically
combining to screen from censure all clerical delinquents.
The author of " Letters concerning the Church of Scot-
land" which appeared in 1767, asserts it as a well-known
fact, that " comparatively little dissatisfaction was expressed
with him who took the lead in ecclesiastical affairs (Princi-
pal Robertson), till he and his friends gave their counte-
nance and aid to clergymen whose lives were notoriously
scandalous ; * and that this, coupled with the arbitrary
execution of the patron's right, had stirred up a body of
ministers and lay-elders to attempt a change of measures,
from a real concern for the interests of religion."

In the year 1 76*5, an additional impulse was given to the
movement within the Church in favour of popular rights,
by the accession to office of the Rockingham administration,

* As a faithful chronicler, I simply record the accusation,
leaving it to the reader to form his own judgment of its truth,
from the materials collected in the present volume. The char-
acter of a party is not to be estimated by the opinions either of
friends or foes. In a recent number of the Foreign Quarterly
lieview, an anonymous critic, after extolling the " Characteris-
tics " of Witherspoon as " one of the finest pieces of Christian
satire that ever was written," goes on to say, " It were an in-
teresting problem to inquire how far the Moderation of the Church
of Scotland, whose palmy days are now gone, was not a source
of concealed rationalism, only prevented from breaking out into
manifestation by the natural conservatism of the British charac-
ter, and the salutary terror of the French Revolution." — {Foreign
(Quarterly Review, July 1838, p. 254, tiote.^ A candid moderate man
of the present day will admit that there is some shadow of truth
in this representation ; a candid ])0])ular man will acknowledge
that it is truth greatly exaggerated. There may have been
much heterodoxy avowed, and more concealed ; but that any
form of infidelity ever prevailed extensively among the clergy of
.Scotland, is an assertion more easily made than substantiated.
The policy pursued by one party may be suspected of a tendency
to latitudinarianism and indiiference, and that of the other party,
of a tendency to enthusiasm and intolerance ; yet it does not
thence follow, that the one is composed of sceptics and the other
of fanatics.

PREFACE. Vll

— " The Friends of the People." In the disposal of crown
patronage, the Duke of Grafton (who succeeded the Earl of
Halifax as Secretary for the Northern Department) pro-
fessed to consult the wishes of the parishioners ; and there
can be no doubt that this circumstance exercised no small
influence on the deliberations of Church Courts. Even the
Synod of Lothian and Tweeddale, where moderation had al-
ways predominated, in addressing the king at their meeting
in November 1?6.>, on the death of the IKike of Cumber-
land, and the birth of Prince William Henry (afterwards
King William IV.), introduced a clause, "expressing their
sense of the happiness they enjoy under his Majesty's mild
and gentle exercise of the hard law of Patronage, exempli-
fied in two late cases in the neighbourhood, viz., those of
West Kirk and South Leith." And the Presbytery of Edin-
burgh, at their meeting towards the end of the same month,
" ordered a letter to be written to the Duke of Grafton, to
return their hearty thanks to his Grace for his favourable
attention to the applications that were made by the gentle-
men of the landed interest, and others principally concerned,
for the supply of the vacant charges in the two populous
parishes of West Kirk and South Leith." That Principal
Robertson felt the policy of the new administration to be
hostile to the views of his party, is evident from the com-
plaint he made in the course of the debate on the overture
on scliism. " I see many gentlemen here, Moderator, who
have always uniformly differed from me as to the expedient
cy of public measures ; these I regard and esteem as honest
men, because they are consistent. But when I see men at
one time promoting one set of measures, and at another
espousing the opposite, perhaps as one ministrij or another
prevails at Court, I most heartily despise such dishonour-
able truckling."

In contrast, however, with this charge of political subser-
viency, instances are not Avanting, during the period em-
braced by this volume, of the Church venturing to assume,
in her intercourse with the Government of the day, a bold
and independent bearing, the very opposite of sycophantic
obsequiousness. Thus, during the Seven Years' war, when
the country had sustamed various reverses (before the reins
of government were intrusted to the vigorous hand of the
elder Pitt), the Commission of Assembly which met in
November 1756, addressed the king "on the well-known

Vlll PREFACE.

losses and disgraces suffered bj the British, nation — cala-
mities which (said the address) do not seem to have been
brought upon this land hij any signal efforts of the wisdom
cr courage of our enemies." Again, in the year 1760,
when the Government, being afraid to put arms into the
hands of the Jacobites, caused the Scots Militia Bill to be
defeated, an extraordinary ferment was excited throughout
Scotland, and the General Assembly made a pointed allu-
sion to the circumstance in their address to the throne,
complaining " that the inhabitants of this part of the island
were unable to exert themselves, in repelling the king's ene-
mies, wdth such vigour as their principles of religion and
loyalty would naturally have inspired." Both this and the
other address were excluded from the columns of the Lon-
don Gazette^ which was no doubt intended as an intima-
tion that they had not been received " very graciously." *

If the Appendix to the present volume is less bulky than
that of the one which preceded it, it is because it was deem-
ed advisable to incorporate various documents into the body
of the work, where they will be found in their appropriate
places, as indicated in the annexed table of contents.

N. M.
Greekock, March 1840.

* The teuor of the king's letter and the Assembly's answer,
of the Commissioner's speech and the Moderator's reply, &c., is
so uniform, that they have generally been omitted, along with
other matters of routine. But in the account of the Assembly
1761 (the first held after the accession of George III.), all these
documents are given at length. The closing addresses of the
Moderators will be found in the Appendix.

PRIITC
I uECJUN lbb»

CONTENTa

rag*?.

Synodical Overtures 1753, . . I
Reasons of Dissent from an Overture of the Synod of Lothian

and Tvveeddale, ... 4

Assembly 1753, ... 9

Reasons of Dissent, relative to the Election of an Agent, 10

Answers to the Reasons, . . 14

Reasons of Dissent, relative to the Sentence on Mr Gillespie, 21

June Commission 1753, . . 29

November Commission do., . . 30

AVarning against Profaneness and Sabbath Profanation, 33

Reasons of Complaint in the case of Biggar, . 33

Assembly 1754, ... 41

Strictures on the Election of an Agent, , 42
Synodical Overtures, . . .50

Assembly 1755, ... 54
Complaint against the Writings of Sopho (Lord Karnes) and

David Hume, . . .55

Defence of them by Blair, . . 59

Charitable Scheme for the Germans in Pennsylvania, 69

Assembly 1756, . . . 71

Act for a Fast, . . 71

Collection for the Education of Highland Students, SI

Debate in the Committee of Overtures on the Writings of

David Hume, . . .80

Anderson's Complaint to the Presbytery of Edinburgh, against

the Printers and Publishers of Lord Karnes' Essays, 92

Extracts from their Answers to the Complaint, . 93

X CONTENTS.

Page.

Decision of the Presbytery, . ; 97

November Commission 1756, . . 98

Assembly 1757, . . . 101

Reasons of Dissent respecting certain Elders' Commissions, 103

Case of Ministers attending the Theatre, . 112
Admonition of the Presbytery of Edinburgh against the Stage, 112

Case of White of Liberton, . . 115

Circular Letter of the Presbytery of Edinburgh, . 116

Case of Homej the author of Douglas, . 117

Steel of Stair, . • 118

Scot of Westruther, Cupples of Svvinton, Home of

Polwarch, and Dysart of Eccles, . 119

Answer from the Dunse Presbytery to that of Edinburgh, 119

Case of Carlyle of Inveresk, . . 122
Declaration of the Presbytery of Glasgow against the Theatre, 130

May Commission 1757, . » 149

November Commission do., . . 149

Assembly 1758, . . . 152

Demission of Boston of Oxnam, . . 157

June Commission, . . 169

Norember Commission, . . 170
Act for a Thanksgiving, . .170

Assembly 1759, . . . 171

Assembly 1760, . . . 184

Representation from Glasgow against Sunday Posts, 185

Address to the King on the Success of his Arms, 189

Case arising out of the New Style, , 193

Royal P)Ounty — Proposal for New Erections, . 197

Witherspoon's Speech in the Kilconquhar Case, . 201

November Commission 1760, . . 209

Accession of George III., " . . 209

Report of the Deputation to London, . 211

Address to the King, . . 213

Princess-Dowager of Wales, . '215

Assembly 1761, . . . 215

Documents in the Meldrum Case, . 218

/rhe King's Letter, . . 224

Commissioner's Speech, . . 226

Moderator's Reply, . . • 227

CONTENTS. xi

Pagp.

Answer to the King's Letter, . . 229

Address on the King's Accession, , 231

Moderator's Concluding Address, . 244

Address to the Commissioner, . 248

Assembly 1762, . . . 249
Moderator's Address to the Commissioner, respecting the State

of the Highlands, . . 252

Assembly 1763, . . . 263

Assembly 1764, . . . 267
Addresses from the Merchant Company and General Sessions

to the Council of Edinburgh, . 286

June Commission 1764, , . 292

Assembly 1765, . . , 295

Report of the Committee regarding the Highlands, 29(j

Address to the King, in reference to the Highlands, 297

Committee on Schism, . ^ 3jj
Assembly 1766
Extracts from Baine's History of the Assembly 1766,

Forms of Commissions,

August Commission, do.,
November Commission, do.

APPENDIX.

311

315

from a Reply to Mr Baine, . 32^

Debate on the Schism Overture, . ^ 32q

354

June Commission 1766, . - «^,

369
370

I. Notices of the Lords High Commissioners,

1. Earl of Leven and Melville,

2. Earl of Hopetcun, '. ' ^ ^..^

3. Lord Cathcart, . „,^

4. Earl of Glasgow,

II. Leets for the Moderatorsbip,
III. Notices of the Moderators, with their Addresses.

1. Dr Webster, Edinburgh, ' 3,-

2. Professor Robert Hamilton, Edinburgh, 386 399

3. Mr George Reid, St Quivcx, . ' ^^.^

370

373
374
374

Ill CONTENTS.

Pa-c.

4. Professor Cuming, Edinburgh, . 391

5. Professor Leechman, Glasgow, . 392

6. Mr Thomas Turnbull, Borthwick, . 395

7. Dr George Kay, Edinburgh, . 396

8. Dr John Hyndman, Edinburgh, . 402

9. Dr Robert Traill, Glasgow, . 402

10. Dr Alexander Gerard, Aberdeen, . 405

11. Dr James Oswald,* Methven, . 410

12. Dr John Hamilton, Glasgow, . 414
IV. List of Ministers who preached before the Higli Commis-
sioner, . . .414

V. List of Ministers who preached before the Society for

Propagating Christian Knowledge, . 416

INDICES.

I. Index of Persons, . . 417

XL Places, . . 419

III. General Index of Matters, . . 421

* Dr Oswald resigned his charge in 1783, and died at Scotstown,
August 2, 1793.

ANNALS

OF THE

GENEEAL ASSEMBLY.

1753.

The decision of the Assembly, 1752, in the case of Inver-
keithing, gave rise to much excitement and discussion
throughout the Church, as is evident from the opposing
overtures, in reference to it, that were transmitted to next
Assembly. The large and important S}Tiods of Glasgow
and Ayr, in the west, and of Lothian and Tweeddale, in the
east, were, upon this question, (as upon many similar points
of Church polity,) found ranged on different sides.

The Synod of Glasgow and Ayr met at Glasgow, April
10, (]To3.) Next day, after long reasoning, they agreed
to transmit the following overtures to the ensuing General
Assembly. 1 . " That the authority of the Church shall not
be interposed to oblige ministers, under pain of deposition,
to have an active hand in caiTpng into execution, such
settlements as they shall declare, by their votes or other-
wise, appear to them to be contrary to the Word of God,
the present standing rules of this Church, and her constantly
avowed principles, particularly contained in the Act of As-
sembly, 1638, sess. 23 and 24, art. 20, and in the repre-
sentation made by the Commission of the Assembly, 1711,
approven, and verbatim inserted in the Records of the As-
sembly, 1712, act 18, and in act 14, Ass. 1736, at least,
until these laws be repealed in a regular manner, with the
consent of the majority of Presbyteries. 2. That no minis-
ter shall be deposed, without a libel first given him. making
special condescension on the rules transgressed by the facts

2 ANNALS OF THE ASSEMBLY. [1753.

libelled ; and these such rules, the transgression of which is
already declared to infer deposition ; and that in case of
such a libel, the accused have sufficient time allowed them,
ten free days at least, to make their defences, except in
cases refeiTcd to in the form of process. 3. That the As-
sembly would be pleased to take off the censures from Mr
Gillespie, and the other brethren of the Presbytery of Dun-
fermline, upon a proper application from themselves, and in
a manner that may be consistent with the authority and
honour of the Church ; hoping this may contribute much
to the maintaining the peace of the Church. 4. That the
7 th Act of the last Assembly '"' be declared null and void,
being made contrary to the fundamental rules of oui* con-
stitution, and opening a door for more acts of the same
kind ; and that the Assembly may endeavour to fall upon
some other expedient to procure retm-ns from Presbyteries, to
the overtures transmitted to them." — The two first overtures
the Synod proposed should be transmitted by the Assembly
to the several Presbyteries, for their opinion of them, f

On the 12th, the following paper was given in to the
Synod, viz., — " Whereas several irregular and disorderly
practices have prevailed in this Church, since the meeting
of the last General Assembly, occasioned, as 'tis apprehend-
ed, by the decisions of that court on the settlement of In-
verkeithing ; which practices, if not duly checked, may
prove hurtful to the order and peace of the Church. — ]\Iay
it therefore please the S\Tiod to resolve, — 1. That Avhatever
difference of opinion shall arise concerning the fitness and

* It related to overtures sent down to Presbyteries. See the
former volume, p. 2S1.

f This Synod, at their meeting in October of this year, trans-
mitted the following overture to the then ensuing Assembly : —

" As from some late decisions of the General Assembly, and the
open reasonings of many in that court, there is ground to suspect,
that it is the supposition of not a few members of this Church,
that ministers, by their general promise of submission to judicatures
at their ordination, are bound to give active obedience to every
sentence of the annual Assemblies in their judicative capacity ; the
Synod humbly propose, that the Assembly should transmit to Pres-
byteries, an overture upon this subject, that the sense of the Church
may be had, as to the meaning and extent of these our engage-
ments." Wither spoon s satire on the Moderate party, entitled
" Ecclesiastical Characteristics^"" had appeared at Glasgow the pre-
vious month.

1753.]] SYNODICAL OVERTURES. 3

expediency of any decisions of Assembly, -svith relation to
private causes, or processes which come regularly under
their deliberation, that ministers entering themselves into
associations^ and holding public conventions, in order to state
or strengthen an opposition to such decisions, is not a regu-
lar or becoming method for redressing any inconveniences
which may be fancied to arise from them ; but such measures
have a tendency to alarm and infuse unwan-antable jealousies
into the minds of the people, — to promote a spirit of faction
amongst ministers, — and to weaken the respect which is due
to the authority of the supreme judicature. 2. That mi-
nisters introducing into the public prayers and religions
service of God's people, matters of doubtful disputation,
particularly which relate to such determinations of Assem-
bly as are above mentioned, is a manifest prostitution of di-
vine worship, and ought to be carefully avoided by the
ministers of this Church. 3. That as diversity of opinions
in all matters of that nature, ought ever to be accompanied
with a Christian temper and brotherly aifection, ministers,
who, either in their public discourses, or by their writings
or private conversation, shall at any time so conduct them-
selves, as may have a tendency to weaken the influence, or
detract from the credit of their brethren who differ from
them, ai-e highly blame-worthy on that account, and act a
part very unbecoming the ministers of Christ. 4. That alt
artifices and endeavours to model General Assemblies^ in
a subserviency to any private views or purposes, which may
be intended to be promoted by them, are manifest encroach-
ments upon the fi-eedom of elections to Assembly, and ought
to be discouraged by all who have a just regard for the wel-
fare and peace of the Church."

Very warm debates ensued on these overtures, which
issued in sul^stituting, in place of the resolutions proposed,
the following recommendation : — " The Synod considering
that some differences of sentiments amongst the ministers
of this Synod, has appeared of late, arising from some pro-
ceedings of the last Assembly, concerning the propriety or
expediency of some measures for maintaining and preserv-
ing the authority and peace of this Church, Avliich has made
some noise, and yet may produce some unhappy disputes,
earnestly recommend to all their brethren, that in this mat-
ter they carefully maintain a spirit of meekness, and of ten-
der mutual forbearance, judging charitably of one another ;

4 ANNALS OF THE ASSEMBLY. [l?53.

that they follow the light and du-ection of their consciences,
after the best information they can receive ; and that in
their conduct, writings, or sacred ministrations, they care-
fully abstain from reproaching one another, and taking any
measures which have an evident tendency to lessen the re-
gard which is justly due to the authority of this Chm-ch, to
hurt the character of then- brethren, or to mar and obstruct
the success of the Gospel in their hands/'

On the other hand, the Synod of Lotliian and Tweeddale
passed the following overtm-e. May 1 0. — " Whereas the Synod
of Glasgow and Ayi' have sent up, by their coiTespondent, to
this Synod, certain overtm-es or instructions to the next Ge-
neral Assembly, desiring the concuiTcnce and approbation of
the Synod of Lothian and Tweeddale ; one of which is of such
a nature, that it seems to limit and prescribe to the General
Assembly, in matters of judgment ; and others seem to re-
flect upon the conduct of the last Assembly ; and, in our
opinion, have a tendency to weaken the authority, and sub-
vert the good order and government of this Church ; and
whereas we are certainly informed, that other Synods have
also framed instructions and overtm-es of the same nature
and tendency ; therefore, the Synod do hmnbly represent to
the Venerable Assembly, that, instead of gi'vang any coun-
tenance to, they should take the most effectual methods to
discourage all such overtures or instructions fi'om inferior
judicatures, as appear designed to prelimit the Assembly,
and restrain their freedom in matters of judgment ; and they
humbly move. That, in the present circumstances, the Ve-
nerable Assembly should strictly attend to, and steadily
pursue such measures, as to their wisdom shall appear ne-
cessary, for supporting the constitution, and maintaining
tlie honour and authority of this Church."

From this overtm-e a dissent was entered by four mem-
bers, for the following reasons : —

" Reasons of Dissent from the judgment of the Sijnod of
Lothian and Tweeddale^ relating to the overture for
supporting the authority of the Church.

[To the printed Beasons is prefixed an advertisement, bearing,
That Mr Adams of Falkirk having entered the dissent, Messrs
George Wishart, and Alexander Webster, of Edinburgh, and George
Lindsay, of North Leith, adhered ; but that the reasons had been

IT.5'3.] SYNODICAL OVERTURES. 5

drawn up hastily, and could not, in the hurry of public business,
have the advantage of being reviewed by Messrs Wishart and Web-
ster, who, therefore, though joining in the dissent, could not yet be
constructed concurrers in the reasons.^

"• I. Because the narrative carries in it a condemnatory
Judgment of the resolutions of neighbouring S}mods, which,
were it just, we humbly conceive is extraordinary and un-
precedented, and, indeed, quite contrary to the spirit of our
constitution, which, as it requires correspondence betwixt
neighbouring Synods, and, at the same time, admits of no
l)retence of jm-isdiction, in one Synod over another ; in all
such cases as this before us, there seems to be no more com-
petent to Synods, nor suitable to the mutual respect, and
decency of behaviour, that ought to be observed betwixt co-
ordinate com'ts, than, in the com'se of their correspondence,
to impart to each other such subjects of their deliberations
and resolutions as are of general concern ; that so Spiods
to whom such communications are made, may take the same
matters under their own deliberation, or not, as they see
cause, without being obliged to give any reason of their re-
solutions in relation thereto.

'' II. Because this same judgment, condemnatory itself,
were the thing competent and suitable, which, for the fore-
mentioned reason, we humbly conceive it is not, appears to
us, in the present case, to be without all foundation, as the
grounds are laid in the overture. For,

" 1. The application relating to Mr Gillespie, and our
other brethren of the PresTiytery of Dunfermline, pointed
at, as tending to prelimit the judgment of the Assembly,
is conceived in these terms : — ' That the Assembly would
be pleased to take off the censure from Mr Gillespie, and
the other brethren of the Presbytery of Dunfennline, upon
a proper application from themselves, and in a manner that
may be consistent with the authority and honour of the
Church ; ' which, therefore, could not possibly be rejected,
and a contrary course followed, upon any other supposition,
but that, in the eye of the approvers of this overture, the
crime is in its own nature unpardonable.

" 2. It cannot be reckoned an unsuitable reflection upon
the authority of any court which does not claim infallibility,
to represent, that some of their decisions, respecting our
public and common interests, appear, to a great body of the
Church, to be of the most dangerous tendencv, and, in the

A 2

6 ANNALS OF THE ASSEMBLY. [1753.

manner of procedm-e, contrary to, and inconsistent with,
our legal constitution, and established form of process, and,
therefore, huml>ly to suggest to the consideration of the su-
preme court, what may seem necessary or useful, either in
the way of explaining standing laws, so as their import may
he better understood, or enacting new laws, if the General
Assembly shall judge it proper.

" 3. Representations from Synods and Presbyteries, in
favour of the mild exercise of power, is, in our humble opi-
nion, so far from tending to weaken the authority and go-
vernment of the Church, as the overture insinuates, that, on
the contrary, mild and gentle measures have the most evi-
dent tendency to strengthen our constitution, and procure
respect to the decisions of the supreme couTt, not from our-
selves only, but from the great body of the Church, whose
edification is the very thing that gives Church authority all
its weight and value.

" III. Because the overtm-es from other Synods, con-
demned by this overtm-e of the S^mod of Lothian and
Tweeddale, seem calculated to represent to the General As-
sembly, the necessity and fitness of showing some regard to
the case of their brethren, who have not freedom to execute
violent settlements, and to the peace and harmony of the
Church in connection therewith, so far, at least, as not to
deprive them of the privileges of our civil establishment, in a
summary way, by mere arbitrary will, without a regular pro-
cess, and a solemn trial, upon standing laws, concluding the
pains inflicted, which we take to be the undoubted privilege
of British subjects, in all cases which affect their freehold,
and must be applied to the case in question, unless it shall be
said, that our civil government is legal, and our ecclesiasti-
cal government arbitrary, which we are willing to hope is
not the scheme of authority and government which the Rev.
Synod of Lothian and Tweeddale would recommend to be
strictly attended to, and steadily pursued by the Venerable
Assembly. This view of the matter, we will at least be al-
lowed to say, is not wholly to be overlooked, while support-
ing the authority of the last Assembly seems to be the sole
point in view, in the overture from which we have found
ourselves obliged to dissent. And though in this we differ
from the sentiments of our Rev. fathers and brethren, who
approved the overture, we have the pleasure to think, that
we have most respectful countenance from the measures of

1753.] SYNODICAL OVERTURES. 7

some of the wisest and best of our predecessors, whose pubHc
conduct in Hke cases we judge more worthy of praise and imi-
tation, than of the censure which this overture casts upon it.

"• IV. Because overtures and representations, from Sy-
nods and Presbyteries, to the General Assembly, concerning
the sul)jects and occasions of new laws, are so far from de-
serving a general check and discouragement, as the Synod
of Lothian and Tweeddale's overture proposes, that nothing
can be more agi'eeable to the nature of our constitution,
^vhich requires the approbation of the majority of Presl)y-
teries before any new law can be enacted. Nothing surely
is more the privilege, or more the practice of the subjects
of a free government, nor can any thing be more becoming
the regard due to lawful authority, than to offer petitions
and representations to the supreme courts of judicature, in-
trusted with our most, valuable rights and privileges, when
there appears great and necessary occasion for it. And we
have the pleasure to observe, that these sentiments, so na-
tural to the breasts of free subjects, must always prevail
over particular prejudices; when, even the Rev. Synod,
forgetting their ovna. introduction, — ' The Synod do humbly
represent to the Venerable Assembly, that, instead of giving
any countenance to, they should take the most effectual
methods to discom-age, all such overtures or instructions
from inferior judicatures, as appear designed to prelimit the
Assembly, and restrain their freedom in matters of judg-
ment,'— do with the same breath humbly move, — ' That,
in the present circumstances, the Venerable Assembly should
strictly attend to, and steadily pursue, such measures as to
their wisdom shall appear necessary, for supporting the con-
stitution, and maintaining the honour and authority of this
Church.'

" V. Lastly^ Because the aim and tendency of the over-
ture, to excite the ensuing General Assembly, in the pre-
sent circumstances, to attend to and steadily pursue the
authority-measure set on foot by the last Assembly, seems
to carry an approbation even of the terms in which this
sentence against Mr Gillespie was pronounced, deposing him
\a the name of the Lord Jesus Christy upon a ground which
could infer no more, even in the sense of the deposers them-
selves, than an incapacity to enjoy the privileges of the legal
establishment. For who will take upon him to say, that an
honest scruple to obey a particular order of a General As-

8 ANNALS OP THE ASSEMBLY. [1753.

semMy of the Cliurch of Scotland, is absolutely incompa-
tible with the general character of a minister of the Gospel
of Christ ? Have -sve not a plain testimony to this in the
fonn of the sentence itself ? which concludes with a prohi-
bition to exercise the ministerial office ivitliin this Cliurch,
which certainly he must retain, if he can exercise it any
where. Nay, further, a motion to the General Assembly,
in the present circumstances^ that is, after a sentence of de-
position has been passed, to attend to, and steadilij pursue
the measures calculated to support the authority of the
Church, manifestly points at dri^dng on in the road of dis-
cipline, even to excommunication itself; as if an honest
scruple to have an active hand in executing a particular ap-
pointment of our General Assembly, was sufficient ground,
not only of exclusion from the privileges of our legal estab-
lishment, but even from the privileges to which Christians
are entitled by the authority of our Lord Jesus Christ him-
self, the sole head and lawgiver of his Church. This, we
confess, carries so shocking an appearance, and opens such
a view of the high authority-measm-es now in vogue, that
we could not have taken upon us so much as to hint at a
consequence so horrible, if the thing had not been fairly
spoken out in the overture first above referred to,"^* conclud-

* An overture transmitted to the Synod by a majority of one,
bearing, inter alia, in the narrative, " That the Assembly, 1/33, de-
clared, that a Presbytery refusing to execute the orders of Assem-
bly, deserve the highest censures of the Church," which was ap-
pointed to be taken under consideration in the afternoon. Before
the Synod proceeded on it, the dissenters entered a protest, viz. :
• It is not, in our apprehension, so agreeable as could be wished to
the manner in which all our matters ought to be transacted, to in-
troduce an overture of such great importance, and universal con-
cern, upon a day which is almost constantly the last of the Synod,
and after many members have gone away, wthout knowing that
such an overture was to come under the Synod's consideration ;
and, therefore, we protest, that whatever judgment shall be given
in this affair, cannot be considered as a proper evidence of the sen-
timents of the majority of the members of which this numerous
Synod consists.' While the Synod were considering this overture,
the one dissented from was offered, and carried. Approve, 37, Not,
8, (including the 4 dissenters,) and 3 declined to vote. There
were 48 members present.

Another overture was transmitted by this Synod to the As-
sembly, proposing a rule for planting churches, when the right
devolves upon the Presbytery, in substance thus : — That upon

1753.] ELECTION OF AN AGENT. i

ing the highest censures of the Church, against a Presby
tery, refusing to execute the orders of Assembly."

ASSEMBLY, 1753.

The General Assembly met on Thursday the 24th May.
After sermon by Dr Cuming, the last Moderator, from
Proverbs x\4. 32, Mr AYilliam Leechman, Professor of Di-
vinity at Glasgow, and Mr Alexander Webster, one of the
ministers of Edinburgh, were put on the leet for Moderator,
Avhen the latter was chosen. The Earl of Leven was his
]Majesty's Commissioner. *

The first business was the election of an agent and atib-

aii application by two or more electors, or, if there is no ap-
plication, so soon as is convenient, the Presbytery shall cause in-
timation be made from the pulpit of the vacant church, ten free
days before the meeting, that a call is to be moderated, and shall
appoint one or more of their number, who, after sermon, shall meet
with the heritors and elders of the vacant parish, in presence of the
congregation, upon a day fixed and duly intimated, and moderate
in a call to one to be minister of the parish, to be elected by the
heritors and elders in a conjunct body ; that the person elected
shall be proposed to the congregation then assembled, for their as-
sent ; that if the congregation refuse their assent, they shall offer
their reasons to the Presbytery at their first ordinary meeting, who
shall judge of, and sustain oi; reject them, as they see cause : That
when a vacancy happens in a royal borough, the minister shall be
called by the magistrates and town-council, and minister or minis-
ters and elders of the kirk-session or sessions, in a joint-meeting,
where no part of the parish is to landward ; and by the magistrates
and town-council, landward heritors, and minister or ministers and
elders, where part of the parish is to landward ; excepting boroughs
which have the right of presentation vested in, and methods of
election peculiar to, themselves : That all heritors, being Protes-
tants, shall be admitted, by themselves or proxies, and also all the
elders ordained before the vacancy, to vote at the election of a mi-
nister ; excepting heritors disqualified by the Act of Assembly,
1748, — those who give separate proxies for dififerent candidates, —
singular successors who were not heritors before the vacancy, — and
those whose yearly valued rent is under £30 Scots ; all which
heritors are to be disqualified to vote : And that in case of any
difiference among the electors at the election, the committee do put
in writing what shall be alleged on both sides, and lay it before the
Presbytery for their decision.

' On Thursday the 31st, the Assembly adjourned without doing
any business, on account of the Commissioner's indisposition.

10 ANNALS OF THE ASSEMBLY. f 1753.

rlerJc^ in the room of Mr Robert Mackintosh, who died on
the 4th January 1753. Of this matter, we had occasion to
give an ample accomit in the former volume (p. 832), which
it is umiecessary to repeat. From the judgment then deliver-
ed, Professor Cuming and others dissented, for the follo^ving
reasons : —

" Reasons of Dissent, entered hi/ the Reverend Professor
Cuming^ and other members of the General Assemhly,
whose names are hereunto annexed, against the judg-
ment of the General Assembly, on Saturday the 26th
May 1753, refusing to delay till Tuesday the 29th, the
consideration of the Report of the Committee appointed
on Thursday the 2-ith, being the first diet of the Assem-
bly, to consider the state of the offices of agent for the
Church, and sub-clerk to the General Assembly, and
clerk to his 31ajestys royal bounty ; arid approving of
a proposal by John Baillie, writer to the Signet, of
having James Edmonston, ivriter in Edinburgh, joined
with him in these offices.

" It was ^\Ai\\ the greatest concern that we thought our-
selves obliged to dissent, on Saturday last, from the above
mentioned proceedings of the Venerable Assembly ; and
that for the folio wmo- among other reasons : —

" 1. Because, in om* humble opinion, it was altogether
irregular, and contrary to the established consuetudinary
forms of the General Assembly of this Church, to receive
a motion of such importance, made in so abrupt and harsh
a manner, on the first day of their meeting, when a great
many members Avere not come to town, and when a great
many of those who had been in the Assembly were gone
out of the house, on a belief that no such motion would,
or ought to have been made.

" 2. Because it is now apparent, that the intendment of
that motion was not calculated with a vicAv to inquire into
the validity of Mr Baillie's right to all the ojffices above
mentioned, but was solely designed to afford an opportunity
of hanging out terrors before Mr Baillie, in order to per-
suade him, that he had either no legal title to liis offices, or
that he was in danger of being tm-ned out, by being unable
to discharge the duty of them. By which unjustifiable at-
tack upon Mr Baillie, he was induced to give in a letter to
the committee, proposing to sign a demission in favour of

1753.] ELECTION OF AN AGENT. 11

jMr Edmonston ; Avhich was prescribing rules to the Assem-
bly, and limiting them to the choice only of one person.
Whereas it is well known, that if jNIr Baillie's offices, or any
of them, had been truly vacant, the Assembly might have
had their choice of several gentlemen of knowledge and ex-
perience in business ; some of whom were better entitled to
the favour of this Chm-ch, than the gentleman proposed by
Mr Baillie.

"3. Because, in our apprehension, Mr Baillie's letter
does not deliver the true sentiments of his heart, but speaks
out the language of force and fear ; as it consists v.ith the
knowledge of several of us, and ^^dth the behef of us all,
that 3Ir Baillie ^vas determined, and had engaged himself,
not to give in any demission, but to serve and officiate in
his offices, by himself, and by such helps as he would pro-
cure with the Assembly's approbation, whereby several gen-
tlemen were prevented from offering themselves in due time
as candidates.

"4. Because we think it derogates from the honour, and
is highly deti'imental to the privileges of this Church, to
allow their officers, whenever they think proper, to give in
demissions of their offices, so as to make way for a new
election of themselves, in conjunction with another, and
with a survivancy to the longest liver ; for by this means,
the officer himself has, in a great measure, the nomination
of his successor, by studying a proper opportunity when to
give in such demission ; and has it in his power, at all
times, to prevent the election of any other. "Whereas, in
our humble opinion, unless there be a clear vacancy, by
death, disqualification, or absolute demission, no Assembly
has it in their poAver to preclude any future Assembly of
their just right, in filling up such offices as may be vacant
for the time.

" 5. Because, as the motion on Thursday was altogether
irregular and unprecedented, so the proceeding upon Satur-
day, to consider the report of the committee, and to deter-
mine finally in so important an affiiir as the choice of an
agent and clerk to this Church, without agi-eeing to the
motion which was made for a delay till Tuesday, when the
Assembly would be full, and the members would have an
opportunity to deliberate upon so material a concern of the
Church, was an infringement of all rule, cannot be justified
by any precedent, and is directly contrar}^ to the proceedings

12 ANNALS OF THE ASSEMBLY. Q753.

which were observed at Mr BailKe's o-syii election, which
was first moved on the Saturday, and determined on the
Tuesday thereafter ; it being well known to all, and hitherto
doubted of by none, that no affair of any great consequence
is transacted on the first three days of the Assembly, upon
the faith of which a great many members do not come to
to^^'n, or do not attend upon these days, which is well known
to have been the case on Satm*day last. And we are afraid
it may be said with too much justice, that the early attend-
ance of a great many members who voted for proceeding on
Saturday, has been calculated to prevent a full Assembly
from judging in an important affair which concenis the
whole Church.

"6. Because a motion was made on Satm-day, That, as
the office of principal clerk was discharged by one clergy-
man, so the office of depute-clerk might be performed by
another ; and that several ministers in and about the town
of EdinJjurgh were Avell qualified for such an office ; and
although such a motion deserved the serious attention of
the Assembly, and was urged as a strong motive for the
delay till Tuesday, yet it was not listened to, it was not
duly advised ; but the election was precipitated in the iiTe-
gular manner above mentioned.

" ?. Because we cannot approve of the cruel attempt that
was made to tm-n out Mr Baillie, an old man, on pretence
of his want of ability, before the Assembly had taken the
least trial of him ; and must disapprove of their electing a
very young man, before they had the least experience of his
capacity.

" 8. Because it appears to us extremely inconsistent, that
the majority of this Assembly, who urged on Thm'sday last
Mr Baillie's age and inability, as the chief reason for ap-
pointing the committee, should unite on Saturday to elect
Mr Baillie and Mr Edmonston conjmict in these offices
during their joint lives, and the right to the whole to be in
the sur^-ivor ; so that if Mr Baillie shall hereafter be the
survivor, when his age and inability will be increased, he
will nevertheless become the sole agent and depute-clerk of
this Church.

Patrick Cuming, at Edinburgh.
John Squyre, at Forress.
Alex. Orr, at Hoddam.

17.53.] ELECTION OF AN AGENT. 13

Ja. Ogilvie, at Aberdeen.

Duncan Macfarlan, at Dryrnen.

Alexander Murray, at Bimie.

Pat. Gordon, at Bellie.

John Grant, at Urquhart.

Henry Millar, at Neilstoii.

Robert Garden, at St. Fergus.

William Grant, at Kilmanivaig.

Alex, Cruickshank, at Meams.

Ada:\i Fergusson, at Moulin.

John Lumsden, at Strathdon.

John Lundie, at Oldhamstocks.

Patrick "\VoDRO^v, at Tarbolton.

And. Richardson, at Inverkeithing.

Ad. Dickson, at Dunse.

Dug. Allan, at Innerehaolan.

Arch. Macneil, at Kilchalmanel.

Hugh Campbell, at Craigneish.

John Fleming, at Kilmacolm.

Alex. Stewart, at Blair, Athol.

Geo. Shepherd, at Tarland.

George Campbell, at Banchory ternan.*

Pat. Grant, at Dutliil.

Ja. Lauder, at Dun.

Robert Thomson, at Killean.

James Weemyss, at Errol.

^Eneas Shaw, at Pettie.

Tho. Hepburn, at Birsay.

Ro. Hall, at Kilmarnock.

Co. Campbell, Commissioner of the Customs.

Jo. "Wilson, Merchant in Edinburgh.

Ro. Dalrymple, Writer to the Signet.

Tho. Boyes, Writer in Edinburgh.

Alex. Martin, of Little- Airies, M. D., Edinburgh."

The Moderator (Mr Webster), and other members, were
appointed a committee, to draw up answers to these reasons ;
both papers to lie in retentis. The follo^^^ng is a copy of
the " Answers," with the exception of the introductory and
concluding paragraphs, which will be found in the former
volume at p. 322 : —

* Afterwards Principal of Marischal College, Aberdeen.
B

14 ANNALS OF THE ASSEMBLY, [1753.

" Answers to the Reasons of Disseiit entered hy Professor
Cuming and other s^ against the judgment of the late
General Assembly, resjyecting the election of 3Iessrs
JBaillie and Edmonston to he conjunct agents and sub-
clerks to the Church. Drawn up hy a committee of
that Assembly appointed for that effect.

" It is well known to eveiy member of the Church judi-
catures, that upon the death of Nicol Spence, agent for the
Church, and sub-clerk to the General Assemblies and Com-
missions thereof, Robert Macintosh, who had been joined
with him in these offices, mth the survivancy, claimed the
sole right to them ; but that on account of certain informa-
lities in the act in favom* of Mr Macintosh, particularly Mr
Spence's not having resigned before Mr Macintosh was
elected, the Assembly 1743 was of opinion, that the one-
half of the offices enjoyed by Mr Spence were vacant by his
death ; and thereupon the Assembly, in consequence of Mr
INIacintosh's resignation of the other half, came to the reso-
lution of electing him, and John Baillie, writer to the Sig-
net, conjunct in these offices, and the right of the whole to
be in the sm-vivor solely. Which accordingly was done,
and the whole form thereof directed by judges of the great-
est ability in the law of Scotland ; the Right Honourable
Robert Dundas of Arniston, Lord President of the Court of
Session, the Lord Drummore, Mr Robert Craigie of Glen-
doick, advocate, &c., as a committee.

" It is also notour, that after Mr Baillie and Mr Macin-
tosh had held these offices for several years, Mr Macintosh
died on the 4th January 1753, whereby the whole devolved
upon ]Mr Baillie. And it is known to numbers, that as
Mr Baillie found the pressure of old age and infirmities
would make it impracticable for him to discharge such a
trust by himself alone, he signified his resolution, humbly
to apply to the General Assembly then approaching, to allow
him an assistant with the survivancy, — a thing common and
ordinary to be granted to ministers, professors in universi-
ties, and gentlemen in other stations of life, when, by old
age or infirmities, they are rendered unfit to do the duties
of their respective offices, and which therefore he had
ground to believe would not be thought unreasonable to be
granted to him, their faithful servant.

" This being made kno^vn, several gentlemen applied to

1753.] ELECTION OF AN AGENT. 15

Mr Baillie, signifying their willingness to assist him on the
above plan. But as the success of the thing depended on
the General Assembly's approbation of the person who was
to be his assistant and successor, he left it to the gentlemen
who had applied to him, who were all very deserving, to
make their several applications to the Assembly.

" Upon this it is notour, that applications were made by
several candidates, not only to the ministers and others
about Edinburgh, but to such as lived in the most remote
parts of Scotland, informing of their designs, and soliciting
friendship. And though what concerned the clerkship was
not the matter of greatest importance which came before the
Assembly, yet as it was a matter of very consideral^le mc -
ment to the Church, and which, from the nature of it, fell
to be taken under consideration at the very beginning of the
Assembly, there was an uncommon number of members
come to town before the Assembly sat down, on pui-pose to
be present at the settUng that affair, which, by reason of the
broken state of Mr Baillie's health and voice, had now be-
come a necessary preliminary to entering on business, so
that the very first sederunt consisted of above 170 membei-s.

" The mind of the members who came to town l)eing soon
kno^^^l, and a vast plurality found to be for ISh James Ed-
monston, a scheme was thereupon thought of to disappoint
that gentleman, which was, that as Mr Baillie's age and in-
firmities rendered him credulous and timorous, some person
should be got of his acquaintance, to make him believe that
Mr Edmonston intended to take undue advantages of him ;
though, at the same time, a great body of those who were
for i\Ir Edmonston, were ^Ir Baillie's sincere and best
friends, to whom he owed, in a great measm-e, his attaining
to his office at first, and joined with I\Ir Edmonston chiefly
from the assurances given by him, of going into any rea-
sonable terms in favour of Mr BailHe. However, * these
rotten-hearted advisers of Mr Baillie frightened him to that
degree, that he scrupled to go on with the above plan,
though proposed by himself, and with which he had hither-
to expressed the highest satisfaction.

" But a motion having been made at the first meeting of
Assembly, and agreed to, for a committee to inquire into
the state of the offices of agent and sub-clerk, ]Mr Bai) lie's
real friends took occasion to explain to him the imposition
put upon him, so that he soon became sensible, that the

16 ANNALS OF THE ASSEMBLY. [1753.

advice which he had got, not to resign, was extremely hurt-
ful to himself and his family.

'•• The committee accordingly met ; and though it was
composed of a good number of members, whose inclinations
were known to be much divided concerning the candidates,
and particularly the Rev. Professor Cuming^ the Procura-
tor, and some others of the dissenters, were members of the
committee, and attended it ; yet the committee agreed un-
animously to report it as their opinion, that Mr Bailhe, in
virtue of the act of Assembly 1743, had the right of surviv-
ancy ; but that if he would signify to the Assembly his
desire to have a person joined with him in office, it would
bring matters to a happy issue for the service of the Church.
Whereupon Mr Alexander Boswel produced a letter from
Mr Baillie, directed to him, desiring the same to be com-
municated to the committee, and by them reported to the
Assembly ; the tenor whereof follows : — ' Edinburgh, 2Mh
May 1753. Sir, — As you are a member of the committee
appointed to inquire into the state of my affair, I have
taken the liberty to trouble you with this letter, to be com-
municated to them. I am exceedingly sensible of the ten-
derness and affection expressed by the Venerable Assembly
towards me this day, and, at the same time, sensible of the
weight of years coming upon me ; and therefore, to prevent
any further debate upon these matters, T do humbly propose,
that James Edmonston be joined with me in the offices I
now enjoy, being fully satisfied, that he is ready and willing
to do all justice to me and my family in my old age. And
if this is approven of by the Venerable Committee and As-
sembly, I shall execute the resignation proper for carrying
it into execution. — I do not doubt that you and the rest of
the committee will be of opinion, that the office is mine for
life ; and I likewise hope, that you will make this, my pro-
posal, a part of your report, which will bring matters to an
issue, not only beneficial to my private interest, but tending,
I hope, likewise to the peace and quiet of the Assembly.
I am. Sir, your most obedient servant,

(Signed) ' James Baillie.'
"The committee having considered this letter, unani-
mously agi-eed to transfer the same to the Assembly, with
this opinion, ' That one should be chosen conjunct with Mr
Baillie upon the plan of his letter, leaving the nomination
of the person to be joined with him to the General Assem-

1753.1 ELECTION OF AX AGENT. 17

bly.' Which report of the committee being transmitted to
the General Assembly, was taken under consideration on
fSatm'day, when there was a very full house ; and it being
observed, that, according to the terms of Mr Baillie's letter,
he was not obliged to resign, unless the ^Vssembly would
accept of the proposal of ]Mr Edmonston to be joined Avitli
him, Mr Baillie declared, as appears from the record, that
as two candidates had been mentioned, viz., the foresaid
Mr Edmonston, and Mr William Alston, writer to the Sig-
net, he was willing, whichever of them the Assembly should
think lit to jbin Avith him, to execute the proper resignation
for making their election effectual. Which proposal the
Assembly accepted of; whereupon ]Mr Baillie resigned all
his offices into their hands; and the Assembly of new
granted these offices to him and ]Mr Edmonston, with a
right of survivancy to the longest liver ; the same forms and
words being followed, in Avhat was here done, as had been
used when Mr Baillie was admitted, upon the resignation
of Mr ]\Iacintosh. And these proceedings were not carried
on by what is called a naiTow majority ; for there were no
fewer than 109 members who concurred in them against 64.

•"' This being the case, it will sui-prise those who are not
acquainted with the true spirit of dissenting, and the poeti-
cal licenses taken on such occasions, that the Rev. Profes-
sor and his adherents should have given in such reasons of
dissent ; and, particularly, they Avill be sui-prised when in-
formed, that very near the same number were in the house,
on the first day of their meeting, when the committee was
appointed to consider the state of the clerkship, as at the
election of the moderator, to find the reverend dissenters
affirming, as in the first reason of their protest, that the
motion for that committee was received (by which they
must mean considered and judged of or they say nothing
to the pm-pose), Avhen a gi-eat many of those who had been
in the house had gone out, on a belief that no such motion
Avould, or ought to have been made.

" They Avill also think it a little odd, that so many minis-
ters of character, and acknowledged veracity, have not
scrupled to represent, in their second reason of dissent, 3Ir
Baillie's design of having one joined with him in his offices
with the survivancy, as such a dead secret, that the Assem-
bly was thereby deprived of their choice of several gentle-
men of knowledge and experience in busines.s, who would

B 2

18 ANNALS OP THE ASSEMBLY. [1753.

have offered their service on such occasion ; when it is no-
tour, as before mentioned, that the fact was well known
over the whole country some months before the meeting of
the Assembly, and no fewer than ten candidates entered
the lists. Nor is what they have further insinuated in the
same reason of dissent less strange, viz., that the Assembly
w^ere limited by Mr Baillie's letter to one person only,
though their record expressly bears, that he resigned in fa-
vour of Mr Alston as well" as Mr Edmonston ; tliat is, in
other words, gave in an unlimited resignation, as these two
were the only candidates then on the field, ^1 the others
having dropped their pretensions.

" Their third reason is indeed surprising ; for now they
have attained the knowledge of the heart, and tell us tliat
Mr BailUe's letter, inserted above, though written with that
plainness and freedom for wdiich he is remarkable, and con-
taining nothing but a few undoubted facts, does not deliver
the true sentiments of his heart, but speaks out the lan-
guage of force and fear. And as to what follows, where
they say he had engaged himself not to give in any demis-
sion, &c., &c., they have unwarily betrayed their own se-
cret ; and nothing is w^anting to unfold the whole mystery,
but the name of the Rev. Gentleman who asked such a
promise of him, and the arguments used on that occa-
sion.

" Their fourth reason sets forth, how much it derogates
from the honour, and how highly detrimental it is to the
interests, of the Church, to allow any of their servants an
assistant and successor ; w^hich is illustrated by an induc-
tion of imaginary absurdities, that strike equally against
"vvhat is daily practised, and allowed by all to be highly rea-
sonable, with respect to superannuated ministers, or gentle-
men in other offices.

" The FIFTH reason contains a history-piece of the non-
attendance of members in former Assemblies, during the
first three days of their meeting, — but prudently forgets to
add, that the very reverse happened in the present case ;
and that few meetings of any Assembly can be pointed out
where the members w^ere better convened.

" The SIXTH reason complains for not granting a delay,
in consequence of a motion, which, say the dissenters, de-
served the serious attention of the house, to give the sub-
clerkship to a clergyman. The Assembly are obliged to

1753.] ELECTION OF AN AGENT. 19

the dissenters for reviving tlie memory of this fact ; as it is
well known, that this motion was principally insisted on hy
some of i\Ir Edmonston's friends, and the question actually
stated at their desire, ' Accept, or not, of Mr Baillie's resig-
nation with respect to the agency, referring what relates to
the clerkship till Tuesday?' when an honourable member
(of whose friendship Mr Edmonston cannot boast) called
out, with great warmth, ' No; since he is to have one office^
let him have both.' AVhich, together with the S2)eeches of
some reverend members, knocked the motion on the head,
and brought on the question with respect to both agency
and clerkship.

"• We heartily approve of the dissenters' sympathy with
Mr Baillie, in their seventh reason ; but are entirely igno-
rant of the attempt to turn him out ; and are sorry that so
good judges should disapprove of the Assembly's electing
so young a man as Mr Edmonston, and of ^vhose abilities
they had so little experience. Only, we must be allowed
to ask, what trial had the Assembly of the abilities and ex-
perience of Mr David Dalrymple, their procurator, or of
any clerk, (Mr Macintosh excepted, which was purely ac-
cidental,) when they were elected into their offices ? Or
v.ould a delay till Tuesday, which seems to be the great
burden of the dissent, have added so much to Mr Edmon-
ston's age and experience, as to have made his election then
proper or reasonable, which was so culpable three days be-
fore ?

" They conclude with observing, eighthly, ' The ex-
treme inconsistency of the Assembly, in electing Messrs
Baillie and Edmonston conjunct in the offices dui-ing their
joint lives, because of Mr Baillie's age and infinnity, and
at the same time to vest the right of the whole in the sur-
vivor; so that, in case of Mr Edmonston's predeceasing,
Mr Baillie will nevertheless become the sole agent and sub-
clerk, when his age and inabihty wall be increased.' — It
must be allowed, that it required no small degree of acute-
ness to find out this inconsistency. But surely there is not
one person in the least conversant in these matters, who
does not know, that the survivancy in such cases is granted
to secure the superannuated person, whether a minister or
vested with any other office, against losing his stipend or
salary, in case he should happen to be the survivor ; and, in
that event, the grand difficulty suggested by the dissenters

20 ANNALS OF THE ASSEMBLY. [l?53.

is removed, by joining another with him on the same plan.
In short, stripping these eight reasons of dissent of their
varnish and disguise, they resolve into the three following: —

" I . That in all cases it is detrimental to the interest of
the Church, to condescend to give a faithful old servant an
assistant and successor. Which we must be allowed to
consider as not breathing forth true Christian love and
charity, — and which, we are very sure, has unwarily fallen
from the dissenters ; the rather, that the Rev. Professoi\
and others of them, concuiTcd in the unanimous opinion of
the committee. That it was proper the Assembly should
name an assistant to Mr Baillie ; and that he and this as-
sistant, and longest liver of them, should enjoy the offices.

" 2. That it was doing a hardship to Mr Baillie, for
whom the dissenters express a wann concern, and who,
they say, was determined not to have resigned, but to have
continued in the office alone, as is consistent with the
knowledge of some of the dissenters.

" 3. That Mr Baillie, as has been already hinted, from the
failure of nature, and artful applications of persons who
pretended friendship to him and his family, while they had
nothing in view but to serve a particular candidate, who
they found could have no chance at last Assembly, was so
far imposed upon, as to make a demur about resigning,
some know very well; and they also know what pains
were taken to discover to him the imposition, and to baffle
these sinistrous designs ; which brought him to the resolu-
tion of giving the Assembly an opportunity of doing him
the substantial piece of service which these dissenters, with
professions of regard and tenderness for him, protest against.

" As Mr Edmonston had not entered into any dark simo-
niacal paction, which could not bear the light, he did not
scruple to declare, that he was willing to agree to the plan
proposed by Mr Baillie and his friends, — a plan similar,
mutatis mutandis., to what daily takes place with respect to
ministers and their ordained assistants, or professors in uni-
versities who have others joined Avith them in their offices.
It is also well known, that Mr Alston, the other candidate,
had expressed his wiUingness to accept of the office on the
same or like conditions. Such, then, were the open and
declared terms which the Assembly were so cruel to Mr
Baillie and his family as to countenance with their sanc-
tion, by accepting of his resignation, — and which the dis-

1753.] CASE OF MR GILLESPIE. 21

senters, out of pure pity to the good old man and his mo-
therless children, opposed with such pious zeal and activity.
Hard usage, indeed ! — to allow an aged infirm man an
assistant, who was to ease him of all the labour, and take
none of his profits."

The proceedings of this Assembly, in reference to Mr
Gillespie^ and jVIessrs Hunter, Daling, and Spence, have
been anticipated in the preceding volume, (p. 276-278.)
From the resolution then passed, " Not to repone Mr Gil-
lespie" a " dissent was entered by Messrs Robert Spears at
Burntisland, James OgilWe at Aberdeen, John Currie at
Kinglassie, John Erskine at Cuh-oss, John Squire at For-
res, James Innes at oMerton, George IMuir at Old Cumnock,
William Nimmo at Roberton, Thomas Randal at Inchture,
John Dun at Auchinleck, James Scott at Auchtergaven,
Sii' William Moncreiif at Blackford, John CoUo at Pen-
pont, and Archibald Little at Morton, ministers, and James
Murray of Inghston, John iMm'kland, and Alexander Scot,
ruling elders/'

The Reasons of this dissent were as follows : —
" 1. Because the obligations to make restitution are not
confined to individuals. Even ciAdl societies, when they
have done wTong, are bound to repair it ; much more
churches, whose power is only ministerial imder the Lord
Jesus Christ, our only head. We humbly conceive the
last General Assembly did Avrong to Mr Gillespie, by de-
posing him upon grounds wan*anted neither by Acts of As-
sembly, nor by the practice of the Church in cases resem-
bling his. If a new^ penal law was necessary to prevent
wanton disobedience, yet last General Assembly had no
power to make such a law, no overture about it having been
transmitted to Presbyteries ; far less had they power to ex-
tend a penal law to things done or omitted before the en-
acting it. Besides, though there had been the most explicit
laws for deposing ministers in such cases, yet JMr Gillespie
Avas not judged according to the form of process, — had no
libel given him, — no such law condescended on, — nor so
much as ten free days to see and answer. Instead of this,
he was called on the Thursday, arraigned on the Friday,
and deposed on the Saturday. But we should not have in-
sisted on this new and miprecedented procedure, did we not
apprehend, that the censure inflicted was not deserved by

22 ANNALS OF THE ASSEMBLY. QlT53.

Mr Gillespie. His refusing to be active in Mr Richard-
son's settlement, flowed from com-ii.'tion that he was re-
strained by divine authority from doing what only human
authority commanded ; and while this jwas his sentiment,
we apprehend there was no room for hesitation what part
he should act. But if it was a crime, it was a very excus-
able one, to refuse to do what appeared to him contrary to
the standing laws of the Church, and a breach of his solemn
ordination vows. We conceive every argument against last
General Assembly's inflicting such a censure, is of equal
force against the proceedings of this General Assembly in
continuing it. Yea, the not reponing Mr Gillespie, seems
equivalent to a renewed deposing him, as the General As-
sembly is the only competent court for taking ofi^ what Avas
inflicted. We know, that some of our worthy brethren
who voted against reponing IMr Gillespie, agree with us in
thinking his deposition unjust and anti-constitutional. If
so, they will forgive us in saying, that, by continuing this
unjust censure, they virtually renewed and repeated it, and
punished in so severe a manner what to them, as well as to
us, appeared not worthy of such punishment.

" 2. We conceive one year's deposition a pim^ishment fully
adec[uate to any ofi'ence ]Mr Gillespie is charged with. The
parish of Carnock has been now for a twelvemonth deprived
of the stated ordinances of divine worship dispensed by
him ; the Presbytery of Dunfermline, S}aiod of Fife, and
the Church of Scotland, of a valuable member ; and him-
self and his family, of the legal advantages of his connection
Avith the Established Church ; and all this for a conduct
for which a rebuke was formerly deemed sufficient censure.
We cannot see it consistent AA^th the wisdom Avhich is from
above, which is without partiality, and full of mercy, that
perpetual deposition should be his doom for no worse a
crime. We apprehended the sentence of last General As-
sembly was chiefly intended in terrorem^ and as a means
of securing obedience to future appointments ; and that his
having lain under that sentence a complete year, sufficiently
serves that pm-pose.

" 3. That, by the constitution of Christ's kingdom, for-
bearing and forgiving one another in love, is particularly
recommended. It is the honour' of a church, to copy after
the meekness, the gentleness, and condescension of Jesus ;
and to stoop as low as she lawfully can, in seeking that

1753.] ACT AGAINST SIMONY. 23

which was lost, and bringing back that which was driven
away. As Mr Gillespie's hardships flowed from the As-
sembly's dispensing with the standing rules of our Church,
by which three are a quorum, we think it would have highly
tended to the honour of this Assembly, to have relieved him
from these hardships, when both law and form befriended
their so doing.

" 4. The many petitions from Synods and Presbyteries for
reponing 3Ir Gillespie, are proofs of what is the sense of the
Church in this matter, and the assurances given by mem-
bers of the General Assembly, of his desire to be restored to
the Church of Scotland, convince us, that he would have
thankfully accepted that pri-vdlege.

" 5. The reponing of Mr Gillespie ivould, in our appre-
hension^ have contributed to prevent the growth of the Se-
cession, and the rise of a new schism in this Church"

On Saturday, May 26, the Assembly discharged Pres-
byteries to elect missionary ministers employed by the
managers of the royal bounty, as their commissioners to the
Assembly. '^

An overture from the S>Tiod of Angus and Meams was
before the Assembly on Wednesday, May 30, viz., — " The
Synod considering the danger which may arise to the
Church, from jjactions entered into by candidates for sup-
plying vacancies, or the friends of candidates, and which
are homologated by them after their settlement, whereby
they are bound up from seeking an increase of their bene-
fices, reparations for their manses and ofl&ce-houses, and
sometimes not to uplift the whole of the stipend already
proWded by law, — instances of all which have of late hap-
pened in Scotland, — do therefore humbly overture to the
General Assembly, that they would fall upon the most ef-
fectual method to prevent these practices in time coming,
and give directions to Presbyteries how to proceed in cases
of that kind." A committee of fourteen ministers and eleven
ruling elders were named to prepare an overture upon the
above, and all members of the above S}Tiod were desired to
attend the Committee. The report was made June 2d, and
approved of, being no new law, but declaratory of the law.
It here follows : —

* This was occasioned by the Presbytery of Mull having sent Mr
Thomas Muschat of Strontian as a commissioner to this Assemblv.

24 ANNALS OF THE ASSEMBLY, [1753.

" The General Assembly taking into consideration a re-
presentation made to them by the S>Tiod of Angus and
Mearns, relating to bargains bet^vixt patrons or heritors in
parishes, and candidates for the ministry, or the friends of
such candidates, and the great danger which may thence
arise to this Church, do hereby enjoin the several Presby-
teries in this Church, in order to prevent such practices for
futm-e, to take all proper measm-es to discover if any such
have happened in their bounds ; and if, upon inquiry, it
shall be found, that any minister or probationer hath
obliged himself, or that his friends before his settlement,
and in order to promote the same, have obliged themselves,
upon the account of the candidate, that he shall not, during
his incumbency, commence any process against the heritors
for augmentation of stipend, reparation of manse or office-
houses, or enlarging his glebe ; or shall have become bound
in any sum or sums of money, or any prestation, to the pa-
tron, or persons connected with the patron, in order to pro-
cure the presentation, or to the heritors or others concerned,
in order to obtain a concurrence with the said presentation,
or otherwise to procure a call to a vacant parish ; or have
entered into any simoniacal paction or practice for that ef-
fect ; that such Presbytery lay a presentation of the said
matter before the General Assembly, that the procurator
for the Chiu'ch may have orders to raise and cany on a
process of reduction of such bargains or obhgations before
the Court of Session. And also, the Assembly do hereby
declare it a just cause of deposition in ministers, or of tak-
ing away the license of a probationer ; and ordain Presby-
teries to proceed to such sentences against all such minis-
ters and probationers as shall be hereafter fomid to have
either entered into such bargains themselves, previous to
their settlements, or who shall, after their settlements, ho-
mologate the deed of their friends, and do not, immediately
when they come to the knowledge of it, intimate the same
to the Presbytery of the bounds- And further, the Assem-
bly appoint this Act to be read by all Presbyteries, to every
person, before he be licensed to preach the Gospel, and to
every candidate for a settlement in their bounds, before they
take any steps towards his settlement. And further, the
General Assembly being informed, that in the case of a
certain settlement in the Presbytery of Dundee, the present
incumbent's friends, before his settlement, had, without his

1753.] ACT AGAINST SIMONY. 25

knowledge, entered into a bargain with the heritors, which
has been very inconvenient for him ever since, they do
therefore appoint their procurator to raise and carry on a
process of reduction of that bargain before the Lords of
Council and Session, at the public charge ; and ordain the
Presbytery of Dundee to give the procurator a distinct ac-
count of the particulars of that matter, so far as they have
access to know them, for the above mentioned purpose."

The committee appointed by last Assembly, to draw
up rules for regulating the method of procedure in causes
before the Assembly, not having finished their report, the
Assembly renewed their appointment of that committee,
and added to their number the ministers and elders, mem-
bers of this Assembly, from the Presbytery of Edinburgh,
and Messrs Alexander Boswel and Robert Bruce, advocates,
and appointed them to give in their report to the Commis-
sion.

A motion was made, June 1, that all the overtures
from Synods and Presbyteries, then remaining, should bo
referred to the Commission, with an instruction to draw
up from them one or more overtures to be laid before the
next Assembly ; and upon the question put, it carried in the
affirmative by a great majority, Mr IVIurray of Ingliston
dissenting.

A balance of £98 : 13 : 4d. sterling, still in the hands
of Messrs Hog and Mansfield, of the money collected for
the reformed Protestants at Brealau,^ was ordered to be re-
mitted to them.

On Monday, June 4, Prof. Cuming, the last Modera-
tor, produced a letter from the Rev. Mr Chandler at Lon-
don, dated the 27th of February, bearing, that he, and
several other gentlemen in London, had formed themselves
into a society, to act as trustees for the management of the
charity for the Protestants in Pennsylvania ; that they pro-
posed to maintain a stated correspondence with the Church
of Scotland, with that in Holland, with several in Germany,
and with the emigrants in Pennsylvania, that all monies may
he transmitted to them by a general agi-eement ; that, in his
judgment, all the collections made in Great Britain should
centre in the hands of the trustees there, who are to settle
a correspondence in Pennsylvania, for the more proper dis-

• See the former vol., p. 233,
c

26 ANNALS OF THE ASSEMBLY. []l75o,

ti'ibution and application thereof; that six new ministers
are already settled amongst the Protestants in Pennsylvania,
and that six more are immediately wanted. After reading
the letter, Prof. Cuming represented, that as he had no op-
portunity of laying it before the Commission, he had writ-
ten a letter to Mr Chandler, bearing, that as the Protestants
in Pennsylvania are subjects of Great Britain, it would be
necessary, in order to make them more so by their learning
the British language, to employ there some English school-
masters for instructing their youth. And he now produced a
letter from JMr Chandler, dated the 1 9th of May last, approv-
ing of the aforesaid proposal, which, he says, makes a prin-
cipal article of a memorial presented to his Majesty ; and
further, expressing the intention of the said society to keep
a constant correspondence vnth. the Church of Scotland, by
such persons as the Assembly should appoint. The As-
sembly appointed all the money collected in Scotland for
the Protestants in Pennsylvania, to be remitted to the afore-
said society at London, and nominated all the ministers of
the Presbytery of Edinburgh, the Earl of Dumfries, the
Lord Justice Clerk, Provost Drummond, and several other
gentlemen, of whom four to be a quorum, a committee to
correspond with them.

There were several instructions, remonstrating against
the way of passing, i. e., without previously transmitting it
as an ovei^ture to Presbyteries, the act * of last Assembly,
which enacts, " That when any overture hath been twice
transmitted, the Assembly will, without farther transmis-
sion, take it into consideration, and pass it mto an act, or
reject, as they shall see cause, although Presbyteries shall
not have sent up their opinions." On the 4th of June, the
Assembly remitted the aforementioned act as an overture
to the several Presbyteries of the Church, and appointed
them to send up their opinions of it to the next Assembly.

Of private causes, the first brought in was the settle-
ment of Canongate. It came by a reference from the Sy-
nod of Lothian and Tweeddale, of an appeal by the callers
of Mr James Watson, minister at Newbottle, from a sen-
tence of the Presbytery of Edinburgh, sustaining a call to
Mr John Warden, minister at Perth, and was taken under
consideration on Monday, May 28. After hearing counsel

* See the former vol., p. 281.

17.33.] CASES OF BTGGAR AND NIGG. 27

and parties, and reasoning at great length, it was at last re-
solved, first to put the question. Lay aside both candidates^
or Not 9 and if it should carry Not^ then to put the ques-
tion, Reverse the sentence of the Preshytevy^ or Not ? — it
being understood by Reverse^ to sustain the call to Mr
Watson. The first question carried Not ; and the second,
by a great majority, Reverse. The Assembly therefore ap-
pointed the Presbytery to proceed ^vith all convenient des-
patch in a process for his transportation from NenHbottle,
and his admission as first minister of Canongate.

Next day came on the case of Biggar parish, on a peti-
tion of the patron, and heritors who concur mth the pre-
sentation to Mr William Haig, craving that the report of
the committee appointed by the Commission in November '^
might be received. The report was received; and, after
hearing parties, and long reasoning, the question was put.
Appoint the settlement just now., or Delay the affair till the
Commission in November.^ and carried Delay. The As-
sembly appointed the Presbytery of Biggar to represent the
state of the case to the parish ; to deal with them further,
in order to reconcile them to Mr Haig ; and to report to
the Commission in November, who are appointed to do
therein at that time as they see cause.

The only other settlement was that of Nigg. — It came
on upon Saturday, June 2, on a petition of the king's ad-
vocate, on behalf of his Majesty, patron, William, Master
of Ross, and other heritors of that parish, concurring with
the presentation in favour of JMr Patrick Grant, minister at
Dutliil. The S}Tiod of Ross had given judgment, " ap-
pointing the Presbytery of Tain to deal with the people of
the parish, in order to obtain their concurrence with the
presentee ; and recommending to them to proceed to his
settlement, when they shall be satisfied that it will be con-
sistent with the interest and edification of the parish, at
any time betwixt and the meeting of next Synod ; till which
time they delayed the further consideration of the affair."
From this judgment the petitioners appealed ; and craved,
that the Assembly would appoint the Presbytery of Tain to
proceed to Mr Grant's settlement with all convenient des-
patch. Counsel, &c., being heard, the question was put,
Whether to appoint Mr Grant's transportation and settle-

" See the former vol., p. 292.

28 ANNALS OF THE ASSEMBLY. Q1753.

ment at Nigg^ or Not ? hjNot being meant to affirm the Sy-
nod's sentence ; and it carried Appoint^ by a great majority.

The Assembly finding by the report of their committee
for overtures^ that a great number of Presb}i;eries have not
yet sent up their returns to the overtures transmitted to
them by the last and former Assemblies, do require such
Presbyteries as are still deficient, to send up their opinions
on these overtures to the next General Assembly, viz. : —

Overture about the Psalmody^ transmitted in the year
J 750.

Overture about licensing probationers^ transmitted in
the year 1749, and, with an addition, in the year 1750.

Overture m\Qi\i processes against prohationers^ transmit-
ted in the year 1748.

Overture for regulating the effect of dissents from judg-
ments of inferior courts, transmitted by the Assembly 1752.

Committees are appointed to consider the forms of com-
missions, and the crowns paid to the clerks of Assembly.
No report from the committee respecting the management
of the poor.

The formida prescribed by the 11th act of Assembly
1694, signed by the Right Honourable the Earl of Bread-
albane.

The Presbytery of Cairston appointed to coiTespond with
the Presbytery of Kirkwall^ as the Presbytery of Kirkwall
have a right of corresponding with them, leaving it to these
Presbyteries to settle between themselves who the corres-
pondents shall be.

The choice made by the trustees for managing the fund
for a provision to ministers' widotvs., &c., of Mr Alexander
Tait, writer in Edinburgh, to be their clerk, in place of
Robert JNIacintosh, deceased, appro ven of.

Reference to the Commission to take in and judge of a
cause anent the settlement of the parish of Cromarty.^ at
their first meeting after the Com-t of Session have deter-
mined in a process of declarator, depending before them,
anent the right of patronage of the said parish.

A reference from the Sjiiod of Glasgow and Ayi', of a
petition given in to the Presbytery of Hamilton by the Ses-
sion of Canibuslang, relating to a decision by the Lords of
Council and Session, whereby the Session are decerned to
pay out of their pockets a sum laid out by them, according

1753.] MISCELLANEOUS BUSINESS. 29

to the custom in other parishes, for purchasing utensils and
other necessaries for public worship in the place, — referred
to the Commission.

The year appointed to be marked at the top of each page
of the AssemUi/ Records,

The opinion of the committee on the public money, that
Mr John Maclennan, present minister at Contan^ pay to
Mr Murdo Mackenzie, late minister there, the sum of £3
sterling, in full of his demands for a piece of grass ground
adjacent to the glebe of Contan, (for which ]Mr ^Mackenzie
had formerly got <£l2 out of the Church's money,) and that
Mr Maclennan be entitled to repayment of the said £S
from his successors in office.

Act appointing a collection to be made at the church
doors of all the parishes in Scotland, for building the har-
bour of Eyemouth ; the money so collected, to be paid into
the hands of Mr Couts and Company, or of Mr James
Stewart, collector of the funds for ministers' widows.

Protestation admitted at the instance of the heritors and
others of the parish of Logie and Pert^ callers of ]\Ir Wil-
liaDi Cruden to be their minister, against others of that pa-
rish, callers of Mr James Mackail, and against the Presby-
tery of Brechin, for not insisting in their appeal from a
sentence of the S}Tiod of Angus and Meams, sustaining a
call to the said Mr Cruden.

Protestation admitted at the instance of Mr AVilliam
Scot, minister at Kirkpatrickjuxta^ against John Can-u-
thers in the parish of Drysdale, and Robert Carruthers in
the parish of Mousewald, for not insisting in their appeals
from sentences of the S}Tiod of Dumfries, affirming the
sentences pronounced by the Presbytery of Lochmaben in
the processes of scandal against them.

The Assembly rose on Monday, June 4.

The Commission had two sederunts, both on Tuesday,
June .5. They appointed a committee to consider the over-
tures transmitted to the last Assembly, and by them refer-
red to the Commission ; and to draw out one or more
overtures from them, to be laid before the Commission in
November. This committee consists of twenty-four minis-
ters and ten ruling elders. Seven are to be a quorum, of
whom five to be ministers.

c 2

30 ANNALS OF THE ASSEMBLY. [1753.

N0VE3IBER COMMLSSION.

On report of the committee appointed in June, the
Commission of the Assembly, which met at Edinburgh,
Nov. 21, transmitted the following overtures to the Assem-
bly, viz. : —

" 1. That all Presbyteries be enjoined to take care, in
licensing jjrohationevs^ strictly to observe the rules of the
Word of God, and acts of the Assembly relative thereto.

*■' 2. That they be also enjoined strictly to observe the
rules of this Church, with respect to probationers for the
ministry licensed in England^ or in foreign parts.

" 3. As to any minister ordained in England, or in fo-
reign parts, that before he be considered as a minister of
this Chm-ch, so as to be capable of a chai-ge in the Estab-
lishment, he shall preach before the Presbytery in whose
bounds the charge is, and be examined by them, in order
to their judging if he be duly quahfied. And in case any
such minister shall be presented by a patron, or receive a
call to any paiish, previously to his undergoing the trial
no^v mentioned, it shall be competent for the Presbytery to
take trial of him, as above, in order to liis settlement.*

"'■ 4. That care shall always be taken by Presbyteries, and
other judicatures, before taking any steps toward a settle-
ment in consequence oi ^ presentation^ that the patron and
presentee be duly qualified, and that the presentation be in
terms of law.

'' 5. Tliat Presbyteries be further enjoined, that when
one is presented to a parish, against whom there appears to
be no just objection, they shall use their best endeavour's to
render the j^resentee acceptable to the parish.

" 6. That as the sentences of the supreme court are
final, and therefore should be earned into execution, it shall
not be competent for any Presbytery, who have received
orders from the Assembly with respect to a settlement, to
state a vote, AVhether such orders shall be obeyed, or Not ?
And if such vote shall be put, they shall be answerable for
their conduct to the superior judicatures. And in case the
vote should carry in the negative, it shall not^^^th standing
be competent for the minority, if they be a quorum, to pro-
ceed to the execution of the sentence.

* See the case of Heron of Terreagles, in 1 752.

1753.] OVERTURES TRANSMITTED. 31

"7. That when one is ordained or admitted as minis-
ter of a parish, though by a minority of the Presbytery, he
shall, in consequence of his ordination or admission, be ipso
facto a member of the Preshyterii and Synod.

" 8. That in case a sentence of the General Assembly ap-
pointing a settlement shall not be carried into execution,
the Presbytery shall, without any citation, be obliged to sist
themselves before the next General Assembly, to lay before
them the reasons of their conduct ; and that the Assembly
shall shoAv all due lenity and tenderness towards them.

"9. That if the General Assembly shall see cause to
proceed against all or any of the members of such Presby-
tery in order to censure, for not carrying such settlement
into execution, it shall be in the way of a lihel^ specifying
the rules and laws they have transgressed ; it being under-
stood, that as long time shall be given them to make their
defences, as is consistent with the Assembly's coming to a
final decision in that matter.*

"10. That if, hereafter, the judicatures shall find reason
to dismiss any of their members from the ministry of this
Church, upon c[uestions relating to the national establish-
ment, or as she is distinguished from other Churches of
Christ in her outward constitution, they shall vary the or-
dinary form of the sentence of deposition, in such manner as
the circumstances of the case shall require, and as may be
least offensive to other Churches.

"11. That the Commissions of the General Assembly
shall not henceforth be empowered to take in and judge of
any causes relating to the settlement of parishes, but such
as have first been brought, by reference or appeal, to the
General Assembly, and are by them specially referred to
their Commission, as affairs which the Assembly themselves
cannot overtake.

" 1 2. That as it is of consequence that causes referred

• Some Synods proposed, in the overtures which they trans-
mitted to the^last Assembly, that every person, when libelled,
should be allowed at least ten free days to prepare his defences •
but it was argued in the Commission, that though this might be
practised with respect to processes before the inferior judicatures,
it could not be turned into an invariable rule with respect to trials
before the supreme court, as the General Assembly does not usu-
ally sit in all more than ten days ; and therefore the overture was
framed as above.

82 ANNALS OF THE ASSEMBLY. [1753.

to the Commission, respecting the settlement of parishes^
should be cognosced by them in as full a meeting as pos-
sible, they shall be enjoined to determine in all questions of
this natm*e, at their first meeting after the rising of the As-
sembly, unless there be some special reason for delaying
any such question, — and the reason shall be entered into
their records."

Another overture was transmitted on the 22d, viz.,
" The Commission, considering that the present practice of
this Church, whereby the members of inferior judicatures
are excluded from judging or voting in the superior judica-
tures, in case of an appeal^ is contrary to the practice of all
other courts, both of law and equity, and in some measure
subversive of that exact parity which is a leading part of
our constitution, as it sometimes subjects the sentence of
the far greater number to that of the lesser. And farther,
considering, that by this means those who a little before
acted in the character of judges, are obliged to stand at the
bar, on a level with the pannel, must enter into the spirit
and warmth of a party, and perhaps are condemned for no
other reason than giving sentence according to their best
judgment, and which they w^ould willingly have altered
upon a review^; and as it often, if not always, happens,
when the members of inferior courts before whom the cause
was first tried, and thoroughly canvassed, are removed, the
affair is not sufficiently understood ; particularly because
those who voted among the minority are not allowed to
assign any reasons of their conduct, except they have en-
tered a complaint, which one would not choose to do, un-
less in a very strong case ; and every one knows, that, in
the course of reasoning, things frequently cast up w^hich
perplex or mislead the judges, that could easily have been
obviated or cleared up if the members of the inferior courts
had not been deprived of the liberty of speaking. On all
these accounts, and for many other obvious reasons, the
Commission propose, that the Assembly should transmit an
overture to the consideration of the several Presbyteries,
for allowng the members of inferior judicatures to sit,
judge, and vote, in the superior courts, in cases of appeals,
as they do at present in the case of a reference."

On a motion to take into consideration the abounding
profanation of the Lord* s Day, and to think of proper me-
tliods for putting a stop to it, a committee w^as named to

1753.] AVARNING AGAINST PROFANENESS. 33

draw up a warning for this purpose, to be read from the
pulpits. A draught of this warning was presented on the
2 2d, and approved of, the tenor whereof follows : —

" An Act and Warning of the Commission of the Gene-
ral Assemhly of the Church of Scotland, against Pro-
faneness and immorality.

" Edinburgh^ November 22, 1753.
" Which day, the Commission of the General Assembly
of the Church of Scotland, taking into their serious consi-
deration the declining state of religion within this Church
and land, — the \asible decay of the spirit of true piety and
godliness, — the bold and abounding instances of gro^^-ing
vice and immorality, in open contempt of the glorious Gos-
pel of the Son of God, and of many national mercies and
awakening judgments ^^^th which he has been pleased to
visit us of late ; and observing in particular, with deep con-
cern, the prevailing neglect of family religion, and the pub-
lic worship of God ; the horrid profanation of the Lord's
Day, by unnecessary visits and travelling, frequenting ta-
verns, idleness, or people's attending chiefly to their Avorldly
affairs, — nay, as to some, it is feared, by gaming, and going
into jDarties of pleasure ; and all these in opposition to di-
vine authority, and our excellent laws ; all which have a
manifest tendency to extinguish in the minds of men a just
sense of God and his righteous government, — that great
support of true rehgion and morality. The Commission,
therefore, from a tender regard to the glory of God and the
honour of our Redeemer, — from compassion to precious
souls and faithfulness to the trust committed to them, —
hereby obtest, in the most warm and solemn manner, per-
sons of all ranks, to consider how highly provoking such
courses are to a holy God, dishonouring and ungi-ateful to
the blessed Redeemer, dangerous to society, and hurtful to
every valuable interest of their oami ; and exhort them, in
the bowels of Christ, to unfeigned repentance and thorough
reformation, — to fly for pardon to divine mercy through the
Mediator, lest he turn and do us evil, and, in the fierceness
of his wrath, utterly consume us, after he has done us so
much good. And the Commission earnestly recommends
to all judges and magistrates, in this weighty matter to act
as the ministers of God, by being a terror to such evil-doers;

34 ANNALS OF THE ASSEMBLY. [1753.

and strictly enjoin Presbyteries within this Church to exert
the powers with which they are invested, and to apply to
those in civil authority for con-ecting such gross enormities :
and they particularly expect from the elders of this Church,
— those in a special manner of distinction and authority, —
that they will employ the whole weight of their interest and
example, for restraining and suppressing such scandalous
Hcentiousness, profanity, and impiety. And, finally, the
Commission, in the fear of God, enjoins all the ministers of
this Church to take heed to themselves, and their respec-
tive flocks committed to them ; and where any of their
charge are found irreclaimable from the above mentioned
pernicious ways, that, in such cases, Presb}i;eries shall take
care that they do not bring upon themselves the heinous guilt
of prostituting sacred things, by allowing such persons, of
whatever name or station, the benefit of sealing ordinances.
And the Commission appoints this act to be read from the
pulpits of all the churches within the Synod of Lothian and
Tweeddale, on the third Sabbath of January next, and
from the pulpits of all the other churches in Scotland on
the last Sabbath of April next, with suitable exhortations.
And appoint copies hereof to be transmitted to the several
Presbyteries."

The same day an advertisement was ordered to be in-
serted in the Edinburgh newspapers, desiring all ministers
who have not made collections for the German Protestants
in Pennsylvania, in terms of the act 1752, to do it with all
convenient speed, and to send the money which they shall
collect, to Mr William Hog, merchant in Edinburgh.

Biggar settlement was also determined that day. A pe-
tition for the opposers of Mr William Haig was read ; and
several ministers insisting to appoint his settlement, and
others moving for a delay, or for leaving the affair to the
ensuing Assembly, a vote was put. Settle^ or Delay ? It
carried Settle ; and the court appointed the Presbytery to
proceed to his trials and settlement accordingly. Mr John
Buchanan at Covington, Mr WiUiam Tate at Kilbucho,
and Mr John Macaul, at Symington, ministers, for them-
selves, and in name of the Presbytery ; and James Smith,
portioner of Biggar, for himself, and in name of the heri-
tors, elders, and parishioners, opposers of Mr Haig's settle-
ment, protested for liberty to complain of the above sentence

1753.] CASE OP BIGGA«. 35

to the next Assembly, as in their opinion the Commission
had exceeded their powers. Mr George Lindsay, minister
at North Leith, entered his dissent from the above judg-
ment ; to which Messrs John Cunie at Kinglassie, Robert
Spears at Burntisland, John Erskine at Culross, James Ste-
venson in Edinburgh, John Penman at Bothkennar, John
Fergusson at Port, John Ferrier at Largo, James Bayne
at Killeni, Thomas Randal at Inchture, and Alexander Dun
at Auchinleck, ministers, adhered. The follo^^'ing are the

Reasons of Complaint against the sentence of the Commis-
sion^ unanimousli/ offered to the next General Assembly
hy the Presbytery of Biggar : —

" 1 . It is manifest to the complainers, that this sentence is
inconsistent with the i-ules of all courts, where subordination
takes place. The want of a concurrence was the capital
point we kept in view, in both our unanimous sentences,
finding it inexpedient to proceed to Mr Haig's settlement.
The Assembly 1751 found, without a vote, ' That in regard
no person residing within the parish, save one, has concur-
red with the ^Presentation, it is therefore inexpedient to pro-
ceed to the settlement of the presentee.' The last Assem-
bly viewed this cause in the same light, when they delayed
the settlement, and appointed the Presb}'~tery of Biggar ' to
use their endeavom-s to reconcile the minds of the people to
the presentee.' It is Avell known, that no superior court,
when judging of the sentence of an inferior one, can legally
take any circumstance into consideration, which was not
before the inferior court when they passed the sentence
judged of. Though the objections made to the presentee
had been proved to be false, this could not have any influ-
ence on the cause as it came before the Commission ; for
these objections had never entered into any of the former
sentences relating to it, and the single question before them
was this. Is the concurrence for Mr Haig greater or not than
in May 1751 ? If they \dewed the affair in this only just
light, they gave judgment contrary to fact. If they viewed
it not thus, they took into their consideration circumstances
entirely foreign to the question, and determined in a man-
ner contrary to reason, and to the invariable practice of
every court that resembles theirs.

^'2. In our humble opinion, this decision is contrary to

36 ANNALS OF THE ASSEMBLY. [1753.

the principles of justice, and subversive of the ends of all
government. To give to every man what appears to be his
right,y?'om what is alleged and proved^ is the very essence
of just sentences. The parish of Biggar have alleged the
weakness of Mr Haig's voice and constitution for their au-
dience and charge, as the reason of [their opposition. No-
thing can be plainer than the relevancy of this objection,
and that it might be true, though he could have been toler-
ably well heard in the church of Biggar, for the ordinary
time of one sermon. The Reverend Commission in No-
vember 1752, allowed, however, no longer a trial, — ap-
pointed a committee of their own number to determine as
to the truth or falsehood of the allegation, — and made every
member of the Presbytery of Biggar a judge. There was
no meeting of Commission in March last ; and it appeared
by the report made to last Assembly, that the majority did
not hear Mr Haig distinctly. Yet the Commission in No-
vember last thought proper to order his settlement, and
acted as if the Presbytery of Biggar had not been commis-
sioned to judge in the trial of his voice ; and, as if compas-
sion for the temporal situation of one man, were a sufficient
cause for refusing to grant to the eternal interests of above
nine hundred souls, what appears to be due to them from
the most legal and impartial inquiry.

" 3. This judgment appears to us to be subversive of the
constitution of the Church of Scotland, in a particular man-
ner. It is acknowledged universally, that the Commission
can neither act nor exist but by a delegated power from the
Assembly. AYhatever reasons can possibly be alleged for
the Assembly 1751 finding the settlement of Mr Haig at
Biggar inexpedient then, have not been diminished, but in-
creased since, yet the sentence complained of orders us to
proceed to his settlement. We are extremely sorry that a
Commission should have stated such a formal opposition
against an Assembly, that we cannot possibly obey both.
But we hope the ready preference we have given to the
Assembly, will be approved of by every sincere and atten-
tive friend of this Church. It is a very general opinion,
that, in a case of this kind, unless some considerable alter-
ation has happened, one Assembly cannot reverse the sen-
tence of another, without absurdly declaring the judgment
of the supreme court not final, — without making causes run
an endless coiu'se, and destroying the constitution. What

1753.] CASE OF BIGGAR. 37

an Assembly itself cannot do, without laying the whole fa-
bric of this Church in ruins, it can never empower a Com-
mission to do, while this plain maxim remains indisputable,
that he icho has no power can give none. On this occa-
sion, therefore, we think we could not have been silent, and
have acquitted ourselves to our own conscience, and to the
constitution we have solemnly confessed ' to be founded
upon and agreeable to the Word of God.' And it were to
be wished, that some who have appeared as most strenuous
advocates for the constitution at other times, had acted more
consistently now.

'• 4. We cannot turn our eyes to the powers and in-
structions given to the Commission by the last Assembly,
without being persuaded, that they have been exceeded, and
opposed, in some of the most important articles, by this
sentence. The last Assembly instructs the Commission ' to
advert" to the interests of the Church, on every occasion,
that the Church and present establishment thereof do not
suifer, or sustain any prejudice, which they can prevent.'
But they appear to us not to have attended duly to the in-
terests either of religion or the establishment. They have
appointed one to be settled, as minister of the Gospel to
above nine hundred souls, whose voice has been proved to
be insufficient for their audience, — whose settlement would
not be attended with the smallest probability of usefulness
to them, as things now stand, and would be more pernicious
than a vacancy, for it would make this numerous congrega-
tion leave the communion of this Church, if we can believe
their own very humble remonstrances at the bar, before the
sentence was given, — it would spread schism and tumult
through the whole populous neighbourhood, which has been
harmonious and peaceful hitherto. The Commission are
required also, ' in all their actings to proceed according to
the acts and constitutions of this Church, and to do nothing
contrary thereto, or to the prejudice of the same.' But they
have despised formally, and rescinded in effi3ct, an express
decision of the Assembly 1751, in the very question now in
debate.

" 5. In our apprehension, this judgment is an attempt to
abrogate the invariable practice and procedure, and some of
the standing resolutions and laws of this Church. Were
the settlement of ^Ir Haig to take place, in its present situ-
ation, it would stand the single instance, in a country well

D

3S ' ANNALS OF THE ASSEMBLY. [l753.

affected to both Church and State, which could be showed,
without the concurrence of more than one fixed parishioner,
without the concurrence of one residing heritor, or even of
one unresiding heritor of above £5 SterUng per annum,
against whom a legal objection has not been offered. The
la^v allows the natural representatives of the noble family of
Wigton no more power than that of annuitants, in the pre-
sent state of their affairs. Instead of looking out for ' a
favourable opportunity' for seeking relief, or considering
patronages in the least, as ' the grievance ' of this Church,
agreeably to the standing resolution in the index of the un-
printed Acts of Assembly 1736, and their o^^^l instructions ;
instead of remembering ^ that it is, and has been, since the
Reformation, the principle of this Church, that no minister
shall be intruded into any parish, contrary to the will of the
congregation,' in confoiTnity to the 14th act, sess. ult. of the
same Assembly, which homologates all former acts on that
head, the Commission have ordered the most iHolent in-
trusion that ever was heard of in this Church ; have acted
as if patronages were her joy, not her grievance ; and have
given them their strongest sanction. If these standing re-
solutions and laws are ^^Tong, let them be repealed in a re-
gulai' way. While they are in force, we humbly contend,
that no court of the Church of Scotland, not even the su-
preme one, can order such a settlement as that under con-
sideration, without openly assaulting her constitution, and
exceeding their o^Ml powers ; for every member of Assem-
bl V is bound, by his very commission, always ' to vote and
determine agreeable to the constitutions of this Church.'

'' 6. This decision introduces, in effect, a new law and
form of procedure into the Church of Scotland, in a most
irregular manner. By express and well-known rules, no
old law can be repealed, or new one made in this Church,
until the design has been transmitted in overture by the
Assembly, to all the Presbyteries, and the consent of at least
the majority of them obtained. That patrons can relieve
the Church, has been a very general maxim. Addresses
have actually been presented to patrons, for relief from a
distressing case, and have been attended with the desired
success, as at Oxenham, Manner,* &c., where a second per-
son was presented, without so much as even informing the

* See the former vol., p. 35.

1753.] CASE OF BIGGAR. 39

first presentee, and settled accordingly. The latter clause
of the judgment of Assembly 1751, seems to us to have
these principles plainly in \'iew, and to order an application
to be made to the patrons, in the present case, by these
words, — ' and appoint the Presbytery to deal with all con-
cerned^ in order to bring about a comfortable settlement of
that parish ; ' for it will not surely be said, that patrons are
not concerned in the settlements of their respective parishes.
Notwithstanding this, the Commission have ordered the
settlement, while it has no parallel for uncomfortahleness.,
and while it is impossible to conceive how any one can be
more uncomfortable. By a new law, made in a new, sum-
mary way, they have declared, on the matter, that no pa-
tron can relieve the Church, and that she can do nothing
but settle, even Avhere there is no concurrence ; and have
cut off her last resource, even in the hardest case imagin-
able.

" 7. We humbly conceive, that neither the civil nor
the ecclesiastical law of this land furnishes any sort of plea
for this sentence. It cannot be said justly, that the law of
patronage lays the Church of Scotland under any compul-
sitory, to ordain even the most unexceptionable presentee ;
neither does it appear to us, to give him any right to the
benefice without ordination. If the contrary of either of
these positions were the truth, our fears of having the law
of patronage made stricter, would be extremely vain ; for
the thing would be impossible. The term of paying sti-
pends is usually determined by the date of the ordination,
not by that of the presentation. In every civil question
concerning the benefice, letters of ordination must be pro-
duced ; and in all processes arising from the Church of
Scotland's refusal to ordain a legal presentee, and ordaining
another, the benefice has been found to be the property, and
at the disposal of the patron, not of his unordained presen-
tee ; particularly by the Court of Session in the cases of
Auchtermuchty and Culross, and by the House of Peers in
that of Lanark. Even process cannot be legally granted to
him who is known to have no legal claim.

" Whatever power a patron has by law, can be justly
pleaded against the settlement in debate. The presentation
granted to Mr Haig requires the Presbytery of Biggar, ' if
any impediment shall happen, to give us (the patrons) ad-
vertisement, that we may present another qualified person

40 ANNALS OF THE ASSEMBLY. [1753.

in due time.' Supposing noAv tliat no objection had been
proved, or offered, against the presentee, surely it will not
be said by any friend of religion and this Church, that the
opposition of so considerable a parish as is Biggar, and the
decision of a General Assembly, are not any impediments
to the settlement of a particular person as minister of the
Gospel there. That they are impediments the patrons ne-
ver meant to struggle with, in the present instance, is de-
monstrated by every step of their conduct since this affair
appeared in its true light. They are three in all. Never
could one of them be prevailed upon to grant a commis-
sion for prosecuting Mr Haig's settlement, or be heard
wishing it to take place, from the moment it wore so dis-
agreeable an aspect. The letter wrote by one of these three
trustee-patrons, in name of them all, to us, when applying
for relief, by appointment of the Assembly 1751, is in the
process. It declares their great willingness ' to present an-
other,' and gives the highest degree of clearness and strength
to this Avhole reasoning. The sentence we complain of,
desT)ises these most generous expressions of regard for the
Church of Scotland, forbids all patrons to give her relief,
and tells the world she will not accept of it, even when
granted in consequence of an appUcation by authority of the
Assembly itself.

" Mr Haig, like all the other candidates for the holy mi-
nistry in this Church, has, we doubt not, promised and sub-
scribed ' submission to the government and judicatures
thereof,' as the indispensable condition of being licensed to
preach the Gospel, and consequently, of being presented to
a benefice ; he cannot, therefore, retain his presentation le-
gally, after the supreme com't of this Church have declared
it ' inexpedient to proceed to his settlement ; ' for the law
cannot impose promises of submission, without giving a
power to exact ftilfilment, and to punish disobedience. In
one word, we can see no law, no reason for this decision.
Every law, every reason seems to us to operate most power-
fully against it.

"8. This sentence was passed by a very small majo-
rity. We are far from asserting, that the house was fram-
ed for the case of Biggar ; but not a few were present at
tlie diet appointed for it, who were absent from every other.
We honour and regard the ruling elders ; yet we think we
may say, that they cannot so sensibly feel all the conse-

1754.] ELECTION OP AN AGENT. 4-1

quences of such aii appointment, as ministers can. Four
ministers only voted for the decision complained of, and the
greater part of those who voted against it, dissented from it
also. Though both parties have acted on this occasion with
the greatest integrity of heart, yet it seems absolutely ne-
cessary to us, that this judgment should be declared irregu-
lar, in order to check effectually a designing few, who might
otherwise attempt, on some future occasion, what might be
still more destructive of religion, and subversive of the con-
stitution of this Church. For these reasons, we cannot but
hope, that the ensuing General Assembly will find, that the
Commission, in appointing Mr Haig's settlement, have acted
an unjustifiable part, and exceeded all their powers, and
that we behave as becomes the obedient and affectionate
sons of the Church of Scotland."

ASSEMBLY 1754.

On Thursday, the 23d May, the General Assembly met.
The Earl of Hopetoun was his Majesty's Commissioner,
and *•' made a very splendid appearance, especially when he
went to church, at the opening of the Assembly, and the
two Sundays during its sitting. On these occasions, the
street, from his Grace's lodgings, in the New Bank Close,
to the church door, was lined by five companies of Lord
Charles Hay's regiment, and the City Guard. In going to
church, his Grace was supported, the first day, by the Duke
of Athol on the right, and the Earl of Huntingdon, an
English nobleman, on the left ; and, on the Sunday follow-
ing, by the Duke of Hamilton on the right, and the Earl of
Drumlanrig on the left ; and there was always a great num-
ber of noblemen and gentlemen of distinction. The King's
seat in the church, and the throne in the Assembly House,
were both fitted up anew, in a rich and elegant manner."

After sermon "" ])y Mr Alexander AVebster, one of the
ministers of Edinburgh, and Moderator of the former As-
sembly, the Venerable Court met, and chose Mr Robert
Hamilton, Professor of Divinity in the University of Edin-
burgh, Moderator.

The discourse was printed with the title, " Zeal for the Reli-
gious Interests of Mankind; a Sermon from Psalm cxxxvii. 5, 6."
D 2

42 ANNALS OP THE ASSEMBLY. []1754',

Mr Baillie, with whom Mr Edmonstone had been asso-
ciated in office, by last Assembly, as joint-agent and sub'
clerk ^ died on the 9th January 1754-. Not long after, a
paper - appeared, ^^dth the signature M. N., bearing inter-
nal evidence of having been written by the same person
who drew up the " Reasons of Dissent," at p. 10, against
Mr Edmonstone's election, and who was, in all probability,
either Professor Cumin^ or Mr Dunccui Macfarlan of
Dripnen. The latter gentleman was " the dissenter, Avho,
for himself, and in name of all the rest, craved that it might
be marked, that as they had dissented from the resolution,
accepting of Mr Baillie's proposal, they Vvcre not to concern
themselves further in the matter." f The design of this pa-
per is to open up the whole question for discussion, in the
Assembly 1754; and as it throws some additional light on
the points at issue, we here present it entire.

^' The offices of sub-clerk to the General Assembly, and
agent for the Church, are of general concern to the clergy ;
and as they are places of profit as Avell as trust, numbers,
no doubt, of the laity, vnW interest themselves.

" In the histories of remote ages, we admire, and cannot
but admire, the manner and character of those princes, and
persons in power, whose care it was to fill all places of trust,
honour, and profit, with men of real worth and character,
v.'lio, far from taking up with the first that offered, sought out
for the properest persons, and sometimes brought them even
from the remotest pro\inces. We know, too, the raen and
their communication^ who, in our otvtl times and countr}',
have been loud and long in their complaints, that the road
to preferments and places of power, is not ordinarily merit
and character, but flexibility, obsequiousness, connections,
Parliamentaiy influence, &c. It is but natural to expect,
that an Assembly of men who glory of being office-bearers
in tlie House of God, would not be rash, hasty, and incon-
siderate in the bestoAval of any office in their gift. Sure it
becomes them to be examples imto all, in propriety of be-
haviour, in whatsoever is lovely and of good report. To
them, superior merit should always be the leading consi-

See the Scots Magazine for 1754, p. 13/
+ See the former vol., p. 332.

1754.] ELECTION OF AN AGENT. 4.3

cleratioii, and real worth the best recomniendatioii, the sole
prevailing argument. The factions of this world are found-
ed upon worldly views, and conducted by worldly measures,
])ut pity it is they should at any time mix with the Assem-
blies of ministers of the Gospel, and be found in the courts
of Jesus Christ.

'■'■ Many, very many, I am told, are much dissatisfied with
the doings of last Assembly in tliis affair. Nor need this
be wondered at, if the reasons they found upon are attended
to. These are said to be, —

" 1. The choice they made of agent and su]j-clerk, — a
young man, who had not had time or opportunity to found
or form a character, who, though he had gone through an
apprenticeship, had not, and, indeed, could not, yet have
any experience in business.

" 2. Their manner of conducting it, — first proposed in
the close of a meeting, when numbers of members, of such
as were not upon the concert, had, according to custom, left
the house ; ushered in with a solemn speech, that Mr Bail-
lie's age and infirmities rendered him unequal to hold those
ofhces alone, though, (which demonstrates that this was all
but affected,) the same persons, and the same influence,
soon after fomid and determined, that he was equal for, and
to hold both offices alone, if he sm'vived the new clerk they
had in view ; ten-ors hung out to Mr Baillie, to intimidate
him into a compliance with the scheme that had been de-
vised ; when these did operate, a proper committee ap-
pointed to manufacture and ripen the affair for the Assem-
bly ; Mr Baillie dealt with in private ; and, as was said by
l)ersons Avhose groimds of knowledge might be relied on, a
lucrative bargain for him and family proposed and made ;
to this, too, Mr Baillie, in his letter to the committee, plainly
enough refers, as the inductive cause of his giving the con-
sent they wanted. He, ]\Ir Bailhe, not the Assembly, or
their committee, nominates his colleague and successor, h-
miting the Assembly to one of two, so as they can have no
other choice ; the Assembly, by a solemn vote, accept of
this proposal ; and thus make their election, and nominate
their agent and sub-clerk, before Mr Baillie gives in any
demission or resignation. The Avhole affair, in all its steps,
^vas driven and precipitated the first days of the Assembly,
^vhile numbers of members had not come up, in the belief
tliat no business of importance would be transacted, and

44> ANNALS OF THE ASSEMBLY. [1754.

which immemorial custom had given them reason to ex-
pect ; and this notwithstanding that numbers reclaimed
against so hasty a procedm-e, and urged a delay till the As-
sembly would be fully convened, that all having interest
might have opportunity to give their opinion.

" 3. The Assembly exceeded their powers, and did what
was incompetent and improper. It seems to be a maxim
of sound reason and good policy, that no otfice of trust and
profit be disposed of till it fairly become vacant, — that no
vacancy be filled up till a vacancy take place. The Ge-
neral Assembly changes every year, and for one Assembly
to bestow an office not yet vacant, is evidently to invade or
preoccupy the just right of that Assembly that shall first
meet after such office becomes vacant. If any Assembly
can bestow the survivancy of an office, if they have a right
and power so to do, they may, and they have a right to be-
stow the survivancy of that sm*vivor, and a third, and a
fourth survivancy ; nor is it easy to see where they are to
stop, to find out any data or principles of reason to hinder
them from making a sort of entail of it for ages to come, —
an absurdity so glaring, that it would be in vain to argue
against it. To say that the Assembly have no right to dis-
pose of the sur\4vancy of any office in the open and direct
way, but that they may in the indirect way, by the artificial
device of conjoining one in the office, and the mediation of
a sham resignation of an office, the half of which the re-
signer is next moment to take up for himself, and the whole,
if he survives his colleague, is so thin and refined a distinc-
tion, and seems so artfully calculated to serve a resolved
purpose, as to do no great honour to a cause or procedure
that needs such a support.

" To this it will be said, that General Assemblies have in
fact this right, and have exercised it, — they did it in the
Assemblies 1738 and ]7-i3. But the Assembhes 1743 and
1753 reversed these l>estowals, and opened them up. We
have here two Assemblies against two, equally balancing
one another ; so that nothing can ])e fairly concluded from
either. That Mr Spence, the then clerk and agent, did not
in the year 1738 formally resign, makes no sort of odds.
He petitioned the Assembly, praying Mr Macintosh might
be appointed his colleague during his life, and successor
after his death. Betwixt such a petition, and such a resig-
nation as Mr Macintosh made in 1743, or Mr Baillie in

1754.] ELECTION OF AN AGENT. 45

1 753, there is, to a plain and honest mind, no discernible
difference ; though there may be to a skilful designing man,
who has a turn to serve, or favourite scheme to promote by
such distinction. 3Ir Spence could have no concern or in-
terest, in who was to brook the whole or a part after his
death ; all his concern could be only, in who was to be his
colleague and assistant during his life, or his being in office ;
to give him more, would be to give him a power to cany
on the affairs of this life when in his grave. If the Assem-
bly 1 738 had any power to bestow the survivancy after his
death, they, to be sure, had a power to do it independent of
liim, or any resignation from him. If it is admitted, that
an Assembly can fix v»'ho is to be their clerk or agent after
the demise of the person now in possession of these offices,
it is absurd to say they cannot do so without the consent of
their present servant, or a resignation fi-om him.

" Be it that the General Assembly have a poAver, in some
circumstances, to convey a survivancy, have they therefore
a power to do so wantonly, and mthout the colour of a rea-
son ? In the Assembly 1753, there w^as no necessity al-
leged, no reason given. Mr Baillie was so far from asking
a colleague, that he had declared to several members of As-
sembly who asked him, that he w^ould not submit to take
one; and it is certain he stiniggled it. Any pretence of
reason arising from his age and infirmity, was departed from
by express determination of Assembly. To say that it was
to prevent disputes in the Assembly is all affected, as there
was no appearance of, nor foundation for, a dispute, or even
a question, but what those gentlemen would needs force,
w ho pressed to anticipate a vacancy. Further, if there had
been even some reason for an assistant-clerk and agent, there
was still no necessity for disposing of the survivancy ; because
Mr Baillie might have called for, or the Assembly have no-
minated, one to him dm-ing his enjoyment of the office ; —
and for this there wanted not precedents upon the face of
the Assembly records.

" Was it even admitted that the Assembly might, by a
stretch of power, in some possible situations, bestow a sur-
vivance, was it therefore competent and proper to do it in
such a manner, and by such procedure ? — when numbers of
members were honafide absent, and numbers remonstrated
against proceeding till the house was full ; — to bring them-
selves so low as to give their old clerk and agent the nomi-

46 ANNALS OF THE ASSEMBLY. [1754.

nation of the new, and tie themselves down to his nomina-
tion ; first to hang out teiTors to intimidate him, and then
set a temptation of lucre before him, to induce him to con-
sent to and concur in their preadjusted plan ; and in end to
give the Assembly's sanction to Mr Baillie's sale of these
offices, and his bargain about them. In the opinion of
many, this affair brings and leaves such a stain upon the
Church and clergy, as can no otherwise be wiped off than
by pulling up the whole from the roots. Indeed, the great-
est discouragement and check that can possibly be given to
jobbers, is to disappoint their designs, — to disconcert and
defeat their success.

" One would think, that if the ensuing General Assembly
cannot find a vacancy, it is nevertheless competent to them
to make one. I apprehend that all offices of trust are, in
the nature of things, during pleasure, if not given in terms
for life and good behaviour. And if offices for life do ge-
nerally carry it in terminis^ this, I should think, confirms
my opinion. There is still something stronger in the pre-
sent case, ^^z., that the principal clerk of the General As-
sembly, and procurator for the Church, hold their offices
only during pleasure ; a very strong presumption, sure,
that the under offices are understood to be held in the same
manner; and it is observable, that these principal offices
were understood to be so held before the year 1 74C ; and
that the words during pleasure were then added, because a
doubt was then raised, whether they were^or life or during
pleasure. The now Lord Advocate ^' held the offices of prin-
cipal clerk and procurator for many years; and exerced
those offices, as he does the high office he now holds, with
great credit, and reputation, and dignity of character ; and
, when those offices were given him by the Church, he was
to exerce them, and enjoy the emoluments of them, as
fully and freely as any ofhisj^redecessors. The Assembly
1746 did, notwithstanding, find these offices vacant, with-
out any mal-behaviour on his part, or resignation from him.
Nor could their so doing be on account of his absence ; in
regard he offered a depute to officiate, and that a former
Assembly had given him a power of deputation in case of
necessary absence.

" Any footsteps of the office of sub-clerk upon the records

* Mr Wm. Grant, afterwards Lord Prestongrange.

17.54.] ELECTION OF AN AGENT. 47

of Assembly, plainly point it out to be during pleasure.
At first he seems to have l)een only an assistant to the prin>
cipal clerk, chosen by him, and during his pleasure. It is
only first mentioned in terms anno 1701 ; and then it is
evidently understood to have been during pleasure. Mr

Spence is said to be continued sub-clerk, &c., sicut ante.

Indeed, to give the offices of clerks/jr life and good beha-
viour, would, or at least might, be attended with very bad and
absurd consequences. Mistakes have been kno^^•Il to creep
into the minutes of Assembly. The clerks have hitherto
in such a case submitted to the correction of next sederunt ;
but if they did not, but persisted obstinately, and that m
opposition to the coui-t, that the minute bore the res gesta^
(a case I once saw happen in an inferior court.) the con-
sequence must be, that the business of the Assembly stop,
and go no farther ; or that they have a power to vacate his
seat, and choose a clerk who will obey. 'Tis like that a
clerk of this temper would contend he was in no fault, and
threaten them with a process before the ci\\\ courts, if they
affected his freehold, and turned him out of his office.

" The office of sub-clerk does not seem to be very neces-
sary ; it is of no long standing, and the business of Assem-
bly was in former times carried on without it. I would
therefore humbly move, that, in consideration of the present
distressed state of the Church's funds, it be vacated, till
the debts affecting these be paid ; and the principal clerk
to choose, or the Assembly to nominate, an assistant for
him, (to be by him paid,) to do the business of the sub-
clerk. And if the worthy minister * that now holds the of-
fice of principal clerk dislike this addition of trouble and
diminution of revenue, and rather throw up than submit to
it, there is no doubt but others will be found, very capable
to exerce the office, who will not decline to accept of it even
with this additional burthen.

" The office of agent is most certainly very necessary, and
of great importance to the Church and clergy, when wor-
thily discharged, and exerced with diligence ; but, to pre-
vent any one's stealing into it by surprise, — to secure a good
choice, and prevent a bad, or even an indifferent one, —
and that the sense of the Church may be knoAvn in the
matter, I would propose, that the ensuing Assembly vacate

* Dr George Wishart.

48 ANNALS OF THE ASSEMBLY [17-54.

both, offices, and fill up neither, but leave the choice and
filling up to the subsequent Assembly. In which case, the
generality of the clergy will, I am confident, act with ho-
nesty and spirit ; look out fi^r and fix upon a man of tried
experience, and approven ability and character in his way,
— ^the one who will do most honour to the office he exerces,
that \xi\\ be prevailed upon to accept. And if any of the
clergy will, from party vieivs and connections, or from a
fawning or creeping meanness, be prevailed upon to betray
the interests of their own order, (to please or compliment any
one whosoever,) by making choice of a person who has only
one degi-ee of sufficiency, while one of ten degrees of suffi-
ciency may be had, and in their power; such, I should
think, would be had in just contempt by the present, and
theii' names be branded with infamy in generations to
come." *

At the first diet a motion was made, to consider whether
it might not be proper to note in the Assembly minutes,
that by the death of iMr John Baillie since last Assembly,
the whole of the offices of agent, sub-clerk, &c., had now
devolved on Mr James Edm,onston. In opposition to this,
it was proposed to delay the afiair till an after-diet. The
question was put. Delay till Saturday, or till Tuesday
next? and carried for Saturday, 130 to 85. Accordingly,
on Saturday the proceedings of last Assembly, relating to
this affiiir, were read ; then a motion was made, that the
Assembly should find, that the sole right to the offices afore-
mentioned hath novv-, by the death of John Baihie, devolved
upon James Edmonston, as being entitled, by the act of As-
sembly 1753, to the sur\ivancy of all these offices, and
should appoint him to exercise them accordingly. After
long reasoning, it was proposed to put the question, Ap-
prove of the motion^ ov Not ? The opposite side insisted,
that the question should be. Are these rffices now at the
disposal of this Assembly, or Not ? On this the pre\nous
question was put, Whether the first or second shouhl be
the state of the vote ? and it carried. The first, 142 to 92.

* There appeared, about the time of the Assembly (1754.) a
" Vindication of the General Assembly 1753, from the INIisrepre-
sentations of the Author of a Letter in the Magazine;" and (in
reply) " A Just Account of the Proceedings of the Assembly 1753,
in the Settlement of the Sub-Clerkship and Agency:" but I h§jve
been unable to procure either pamphlet.

1754.] CASE OF BIGGAR. 40

Then the question first proposed was put, Approve of the
motion, or Not ? and it carried Approve, 143 to 86. Ac-
cordingly, the General Assembly " did, and hereby do, find
that the sole right to the offices of agent for the Church,
sub-clerk to the General Assembly and Commissions there-
of, and clerk to the committee for managing the royal
bounty, hath now, by the death of John Baillie, devolved
upon the said James Edmonston, as being entitled, by act
of last Assembly, to the survivancy of all these offices ; and
he is appointed to exercise them accordingly."

The Commission-book, on report of a committee ap-
pointed to revise it, was ordered to be attested. May 28,
with a reservation as to the decision in the case of Biggar,
against which a complaint * had been entered. On the 3 1 st,
the day appointed for taking in this complaint, it was re-
presented by an honourable member, that there was now a
pretty certain prospect of having all difficulties removed
that had stood in the way of the peaceable settlement of
that parish, and that the matter would be brought to such
a conclusion as should be to the satisfaction of all concerned.
The Assembly agTeed to let the question now brought be-
fore them by the complaint, lie over till next Assembly ;
and in case the presentation to Mr Haig shall be taken out
of the field, empowered the Presb^'tery of Biggar to proceed
to the settlement of that parish according to the rules of the
Church ; and the Commission, in that event, to cognosce,
and finally determine, in any future question that shall be
regidarly brought before them with respect to the settlement

of that parish. The result was, that Mr John Johnston,

chaplain of Edinburgh Castle, was admitted minister of
Biggar on the 26th September, '^ to the satisfaction of all
concerned," — while Mr Haig succeeded to the chaplaincy.
The latter died on the 19th October 1761.

On the 30th and 31st of May, and 1st of June, the thirteen
Overtures transmitted by the Commission in November, (see
p. 30,) were taken under consideration. The Assembly
agreed to the 1st, 2d, 4th, and 5th ; and enjoined in terms of
them, embodying them into one act. Remitted the 6th to
the Commission to be reconsidered ; their opinion concerning
the subject-matter of it to be reported to next Assembly.
Transmitted the 3d and the 13th to the Presbyteries; their

* See p. 34.

50 ANNALS OF THE ASSEMBLY. [1754.

opinions concerning them to be reported to next Assembly.
Rejected the 9th, without a vote; dropt the 10th, 11th, and
12th; and after reasoning, agi-eed, Avithout a vote, in place
of the 7th and 8th, to declare and ordain as follows, viz. ; —

" The General Assembly do hereby declare, that Avhen
one is ordained or admitted as minister of a parish, he shall,
by virtue of such ordination or admission, be ijyso facto a
member of the Presbytery and Synod in whose bounds the
parish lies ; and ordains the clerks of those judicatures
forthwith to enrol him. And all clerks of SjTiods and Pres-
byteries are hereby enjoined to enrol as members, such as
have at any time preceding this been ordained or admitted
as ministers of parishes within their respective bounds."

" The General Assembly finding, that by the act 12,
Ass. 1736, Presbyteries refusing to ohey the sentences of the
Commission of the General Assembly, are declared to be
ipso facto sisted before the next General Assembly, to whom
they shall be accountable for their conduct, do hereby de-
clare this act to be extended to sentences passed by the As-
sembly, and not obeyed by Presbyteries." *

* The Synod of Glasgow and Ayr met at Ayr, April 16, and the
same day passed the following act : — *' The Synod considering the
obligations which lie upon them to maintain and support the ex-
cellent constitution of this Church, and that this can only be done
by a stedfast adherence to, and diligent observation of, the stand-
ing acts of the General Assemblies ; as also, that the fundamental
laws of any society may be neglected, or not attended to, through
length of time, especially when the Church is in outward prosperity,
do hereby appoint, in the most express manner, all the Presbyte-
ries within their bounds strictly to observe all the fundamental laws
and constitutions of this Church, and acts of the General Assem-
bly, enacted with consent of Presbyteries. Particularly, — 1st, In-
asmuch as the settlement of vacant parishes is a matter of the utmost
consequence, — in which the conversion of sinners and edification of
saints is very nearly concerned, — they expressly appoint all the
Presbyteries within their bounds to observe the standing acts of
the General Assembly upon that subject, as they are enumerated
in the 14th act of the Assembly 1736 ; which we have the greater
confidence to recommend, as we have generally had the happiness
in this Synod, by a steady adherence to the said law^s, to be success-
ful in getting our vacancies comfortably planted. 2d, That, Ir all
processes against ministers, they be careful to observe the rules pre-
scribed in the form of process, particularly chap. 1, par. 4; chap.
7, par. 5 and 8." Next day the Synod recommended to the members
of the Assembly, from the boimds of that Synod, to move that the

1754-.] MISCELLANEOUS BUSINESS. 51

Two petitions were brought before the Assembly, May
27 ; one from the trustees of the College of New Jersey^
and the other from the Synod of New Yoy^k^ — both setting
forth the great advantages that must arise from the erection
of a college at New Jersey, where a great many students
may be educated, — the great difficulties they labour under,
through the want of money to carry their design of properly
endowing the said college into execution, — and therefore
pra3ring for a general collection. By a committee then
named, a draught of an act, and recommendation for a ge-
neral collection to be made at all the church doors in Scot-
land, for the behoof of the said college, was presented on
the 31st, and, after some amendments, approved of The
Assembly, besides, recommended to ministers to apply to
the nobility and gentry, as they may have opportunity, to
give their charitable assistance in this matter.*

A report from the committee appointed by last Assembly
to correspond with the society at London for receiving the
monies collected for the German Protestants in Pennsyl-
vania^ was laid before the Assembly on the 30th, bearing,
that Mr William Hogg had remitted, by their order, on the

above act be extended to the whole Church ; and agreed, that it be
likewise humbly proposed, to enjoin all Presbyteries, m settling pa-
rishes^ to observe as near as possible, consistently with other standing
laws, and with the proper end of the ministry, the regulations estab-
hshed in regard to that matter by the act of Parliament 1690, and
which do not seem to the Synod to be set aside by any subsequent
act of Parliament. Another overture was likewise agreed to, viz. : —
"Whereas, except at the meeting of the Commission immediately
after the rising of the Assembly, great inconveniences may arise
from the determinations in the affair of settlements by any subse-
quent Commission, by reason that they are generally very ill at-
tended, therefore the Synod humbly propose, that the Assembly
would transmit an overture to Presbyteries, whereby all these
subsequent meetings of the Commission may be discharged in time
to come, except on extraordinary emergencies ; and that upon such
occasions they be prohibited from determining in the settlement of
any vacancies."

The eminent John Maclaurin of Glasgow was present at this
Assembly, where, we are told, " he had the pleasure to meet the
Rev. Messrs Tennant and Davies, agents for the College of New
Jersey. It gave him great pleasure to see with what readiness the
Assembly granted a collection for carrying on that good design." —
Maclaurin's Life, pretixed to his works ; or the Christian Instruc-
tor for February 1839.

52 ANNALS OF THE ASSEMBLY. [1754.

23d of April last, to the Rev. Mr Samuel Chandler, secre-
tary to the said society, £ll32 ; which sum, Avith the ex-
change at three-foui'ths per cent., was the whole amount of
the collections he had then received, making in all^ £ll40,
9s. lid.

The committee for revising commissions remarked, that
the commission from the Presbytery of Dunkeld bore, that
the Presbytery do not know if the Duke of Athol, one of
their ruHng elders, has signed the formula. The Duke of
Athol agreed to be continued a member, upon his signing
the formula in presence of the Assembly.

A sentence of the Presbytery of Inverness, sustaining a
call by the town and parish of Inverness, to Mr Alexander
Fraser, ""' minister of Avoch, to be one of the ministers of
Inverness, affimied ; and the said Presbytery appointed to
proceed in the necessary steps towards Mr Eraser's trans-
portation from Avoch, and his admission as one of the mi-
nisters in the said to^^^l and parish of Inverness.

A sentence of the Synod of Lothian and Tweeddale, af-
firming a judgment of the Presbytery of Edinbm-gh, refus-
ing to take in and judge of a libel, given into them by the
heritors and elders of the parish of Nigg, against Mr Pat-
rick Grant, minister at Duthil, (who, by act of last Assem-
bly, was appointed to be admitted as minister of the said
parish of Nigg,) affirmed; and the said libel remitted to
the Presbytery of Abernethy, and they appointed to pro-
ceed upon it with all convenient despatch, agreeably to the
rules of this Church. And the Assembly recommended to
the prosecutors, if they are to insist in the said libel, to
bring it before the Presbytery of Abernethy quam primum ;
and empowered the Commission to cognosce and finally de-
termine in any reference or appeal that shall regularly be
brought before them, with respect to the said process, or
the settlement of the parish of Nigg.

A complaint by the Crown against the Presbytery of
Tain, for not proceeding to the transportation of Mr Grant
from Duthil, and his admission at Nigg, pursuant to the
orders of the last General Assembly, withdraA\Ti, till Mr
Grant's innocence should appear in a proper manner.

A sentence of the Synod of Merse and Teviotdale, sus-
taining a call to the Rev. Mr William Trotter to be minis-

* See the former vol., pp. 182, 370.

1754.] MISCELLANEOUS BUSINESS. 53

ter of the town and parish of Selkirk, affirmed, and the
Presbytery of Selkirk appointed to j)roceed to his admission
as minister of the said parish, according to the rules of the
Church.

The cause relating to the settlement of the parish of Cro-
marti/, referred to the Commission, with power to them to
cognosce and finally determine therein, at their first diet,
after the appeal relating to the right of patronage is dis-
cussed.

The committee named 1)y the last Assembly to corres-
pond with the society at London, appointed to prepare a
draft of answers to the letters produced to the said As-
sembly 1752, from the Synod of South Holland and Classis
of Amsterdam, and lay the same before the Commission,
at their meeting immediately after the rising of the Assem-
bly ; and the said committee are continued for the purpose
for which they ^vere named by the last Assembly, — of cor-
responding with the said society at London.

Petitions for the commissioners from the Presbyteries of
Uist and Zetland, craving viaticums for their attendance
on this Assembly, refused, in respect of the resolution anent
viaticums entered into by the Assembly 1752.

An overture anent the qualification of elders, members
of the Assembly, referred to the Commission, to be taken
in at their first meeting after the rising of the Assembly, if
they can overtake it.

Reference to the Commission, at their first meeting after
the rising of the Assembly, to consider an overture, propos-
ing that all Presbyteries be enjoined, on the day when they
are to choose members of Assembly, that, before the elec-
tion, they cause read the 9th act of Assembly 1722, con-
cerning the qualifications of elders ; and the 7th act of
Assembly 1725, concerning the form of the attestation of
commissions.

An overture anent the j^^^^ii'^g of vacant churches, re-
fen-ed to the Commission.

The remarks made by the visitors of the register of the
committee named by last Assembly for managing the royal
bounty, read. The present missionary at Strontian, 7iot
having the Ii^ish language, appointed to be dismissed from
that station, and one having the Irish language to be settled
there.

The committee for managing the royal bounty appointed
E 2

54 ANNALS OF THE ASSEMBLY. [^1755.

to employ a minister at Fort- Augustus, ^vith a salary of
£30 sterling.

Reference to the Commission to consider of the proper
method for having the inconveniences arising from the scar-
city of students having the Irish language remedied.

Protestation admitted at the instance of the Synod of Lo-
thian and Presbytery of Edinburgh, against the Tron Kirk
Session of Edinburgh, for not insisting in the appeal taken
by them, from the sentence of the said S\aiod and Presby-
tery, translating Mr John Jardinc from the Lady Tester's
Church to the Tron Church.

The Assembly rose June 3.

ASSEMBLY 1755.

The General Assembly met at Edinburgh, May 22.
Lord Cathcart was his Majesty's Commissioner ; and Mr
George Reid, minister at St Quivox, was unanimously cho-
sen Moderator.

It Avas at this Assembly that the writings of David Hume
and Henry Home^ (^Lord Karnes,) became the subjects
of discussion, as being supposed hostile to the interests of
religion and morality. "Among j\Ir Home's opponents,"
says his biogi'apher, Lord Woodhouselee,* " were some per-
sons of so intolerant a spirit, that nothing less could satisfy
their zeal than the interference of ecclesiastical authority,
to repress opinions which they conceived to be contrary to
the canons of the Established Church, and subversive even
of the fundamental principles of religion." Of these the
most prominent was Mr George Anderson, a preacher, who
had formerly been an army-chaplain, and, in his latter years
became chaplain to Watson's Hospital, Edinburgh. " He
was a man of a bold spirit and irascible temperament ; of
considerable learning and vigour of mind, but deficient in
that acuteness of talent which is fitted for metaphysical con-
troversy." In 1733 he had acquired some notoriety by a

* Life of Kames, vol. i., p. 141, where, however, the proceed-
ings of the Assembly 1755 are confounded Avith those of the As-
sembly 1756. Compare Moncreiff' s Life ofErskine, p. 207, et seq.,
though there are there also some mistatements of fact, which we
have rectified.

1755.] COMPLAINT AGAINST INFIDEL WRITERS. 55

sermon and various pamphlets against the stage ; and now,
though little short of eighty years of age, he attacked, with
great vehemence, Lord Kames' Essays on Morality and Na-
tural Religion, in his " Estimate of the Profit and Loss
of Religion, personally and puhlicly stated." In this work
he designated his antagonist by the name of Sopho ; and
there can be little doubt that it is to its publication that the
subsequent proceedings may ultimately be traced. On Fri-
day, the 23d JMay, (the second day of the Assembly,) there
appeared an anon3mious pamphlet, ^^^th the title — " An
Analysis of the Moral and Religious Seiitiments contained
in the ivritings of Sopho and David Hume, Esq. ; ad-
dressed to the consideration of the Reverend and Honour-
able Members of the General Assembly of the Church of
Scotland " It commences thus : —

" Gentlemen, — As it is the great design of the Christian
religion, to teach men to deny all ungodliness and worldly
lusts, and to live soberly, righteously, and godly in the
world ; so it is the business of an Established Church to
employ that power with which she is invested, in promot-
ing purity of faith and sanctity of manners. Then, and then
only, doth she act with dignity in her respective courts,
when these important ends are the great objects of her at-
tention.

" What particular business may come before you, I do
not know. One thing of very general concern, I am sure,
deserves your consideration ; and that is, the public attack
which in this country has of late been made on the great
principles and duties of natural and revealed religion, in
the works of David Hume, Esq. ; and in the essays of an
author who has been distinguished by the name of Sopho.
It is true, one of these gentlemen has some how got the char-
acter of a fine writer, and subtle disputant ; and the latter,
it is said, holds a place of great importance in this country,
and even bears an office in your Church. But, as I am
Avell assured that neither the art of the one nor the power
of the other, will avail to overthrow those principles they so
boldly attack, so I am persuaded, that by neither will ye be
diverted from doing your duty ; and your duty unquestion-
ably it is, to give warning of the poison contained in these
volumes, and to testify to the whole Christian world your
abhorrence of such principles.

" It is not my design, in this paper, to enter into the con-

56 ANNALS OF THE ASSEMBLY. [l755.

futation of these opinions. This has been done already
with great success, hj the smart and sensible author* of the
Estimate of the Profit and Loss of Religion^ and in the
modest and elegant Delineatioii of Morality. \ Two other
authors have distinguished themselves against particular
parts of the scheme, viz., the Rev. Mr Adams, a clergyman
of the Church of England, in his answer to the Essay on
Miracles ; and Dr John Stewart, in his very masterly re-
ply to the Essay on Motion. To these authors I refer all
that desire with candour to enter into the controversy.

" My design only is, to analyse the works of these cele-
brated authors, giving their own expressions under the dif-
ferent heads to which they seem to belong. This method,
I imagine, will not only give the clearest view of the senti-
ments of these gentlemen, but is such as they themselves
must allow to be the most fair and candid ; because, if in
stating the proposition, I should happen to mistake their
meaning, their own words subjoined must immediately do
them justice.

" I quote from the following editions : —

" Essay and Treatises on Several Subjects ; by David
Hume., Esq. 4 vols., Edinburgh^ 1753.

" Essays on the Principles of Morality and Natural Re-
ligion ; Edinburgh, 1751.

" Essays and Observations, Physical and Literary,
read before a Society in Edinburgh, and published by
them; Edinburgh, 1754.

" The History of Great Ey^itain, vol. 1, by David
Hume, Esq. ; Edinburgh^ 1754.

" I begin with the ^vritings of Sopho, whose opinions I
shall sum up in the follo^ving propositions :- —

" Prop. 1. There is no necessary relation betwixt cause
and effect.

" 2. Matter is j^ossessed of a power of self-motion.

" 3. Nothing appears from reason that can induce us
to think that the ivoidd is not eternal.

* This was the above mentioned Mr Anderson, who also pub-
lished " A Remonstrance against Lord Viscount Bolingbroke's Phi-
losophical Religion, addressed to David Mallet, Esq., the pub-
lisher," 1756.

f The " Delineation of Morality " was by Mr James Balfour of
Pilrig, advocate, and Professor of Moral Philosophy in the University
of Edinburgh. It was specially directed against Hume's principles.

1755.] COMPLAINT AGAINST INFIDEL WRITERS. 57

" 4. The powers of reason ca?i give us no satisfijing evi-
dence of the being of a God.

" 5. The perfections of God are either such as we can-
not prove, or cannot comprehend.

" 6. It is whimsical and absurd to pretend that the ma-
terial ivorld is subject to the providence of God.

" 7. Every class of beings is perfect.

" 8. Man is a mere machine^ under an irresistible ne-
cessity in all his actions.

" 9- Tlioiigh man be thus necessarily determined in all
his actions, yet does he believe himself free^ God having
implanted into his nature this deceitf id feeling of liberty.

" 10. This deceitf ul feeling is the only foundation of
mrtue.

"11. That, since man is thus necessarily determined in
all his actions, andean have nothing more than a deceitful
feeling of liberty, it follows., as a necessary consequence.,
that there can be no sin or moral evil in the world'.'

The -vMiter then proceeds to show, by extracts from Lord
Karnes, that his sentiments are correctly exhibited in these
propositions. He then passes on to Mr Hume : —

" Having laid before you these extracts from the writings
of this anonjTnous, though well-known author, I shall sub-
join some passages no less remarkable from the works of
his brother-philosopher and friend, — who has at least been
more honest in this respect, that, without disguise, he has
pled the cause of vice and infidelity.

" According to this celebrated moralist, —

" Prop. 1. All distinction betwixt virtue and vice is
merely imaginary.

" 2. Justice has no foundation further than it contH-
butes to public advantage.

" 3. Adultery is very lawful., but sometimes not expe-
dient.

" 4. Religion and its ministers are prejudicial to man-
kind, and will always be found either to run into the
heights of superstition or enthusiasm.

" 5. Christianity has no evidence of its being a divine
revelation.

" 6. Of all the modes of Christianity., Popery is the
best, and the reformation from thence was only the work
of madmen and enthusiasts."

Having pursued the same course mth Mr Hume's writ-

58 ANNALS OP THE ASSEMBLY. [1755.

ings as he had done with those of Lord Kames, the author
of the Analysis concludes in the following strain : —

" Thus, gentlemen, I have laid hefore you a few of the
many passages which occur in the works of these two
authors, and w^hich at the very first view appear to strike
at the foundations of all virtue and religion, both natural
and revealed. That the promoters of such impious opinions
deserve the very highest censures of the Church, is beyond
dispute. "What you shall think proper to do in this As-
sembly, a short time will discover ; only I vnW venture to
say, that if these things are overlooked, after the zeal you
have lately sho^\Ti to support the authority of your oa^ti sen-
tences, it Avill in some measure verify a common observa-
tion,— That it is safer to revile the king than the ministry.
Nor do I know how you will pany the blow, when every
one has it in his power to tell you. You deposed a minister
who disoMTied your authority, but enrol, as a member of
yom- courts,''" an elder who has diso^v^oied the authority of
Almighty God ; and that some of you at least live in the
greatest intimacy mth one w^ho represents the blessed Sa-
viour as an impostor, and his rehgion as a cunningly-devised
fable. JMay your conduct be such as fully to wipe off all
these reproaches; and testify to the world, that you will
have no society with the workers of iniquity."

The above paper being circidated among the members of
Assembly, the subject w^as brought before the committee
for overtures, wdiich, on the 28th May, transmitted the fol-
lowing overture to the Assembly, by whom it was on the
same day unanimously passed into an act : —

" The General Assembly being filled vdih. the deepest
concern, on account of the prevalence of injldelity and im-
morality^— the principles whereof have been, to the dis-
grace of our age and nation, so openly avowed in several
books published of late in this country, and which are but
too well known amongst us, — do therefore judge it proper

* The minister alluded to is Mr Gillespie; the elder, Lord
Kames. It is right to mention, however, that though his Lordship
was named a member of the Commission, (an honour it was then
customary to pay to noblemen and judges,) by the Assemblies
1753 and 1754, he never sat in that court ; and he was not named
a member of it by the Assembly 1755.

1755.] COMPLAINT AGAINST INFIDEL WRITERS. 59

and necessary for them, at this time, to express the utmost
abhorrence of those impious and infidel principles ^vhich are
subversive of all religion, natural and revealed, and have
such pernicious influence on life and morals ; and they do
earnestly recommend it to all the ministers of this Church,
to exercise the \-igilance and to exert the zeal which be-
comes their character, to preserve those under their charge
from the contagion of these abominable tenets, and to stir
up in them a solicitous concern to guard against them, and
against the influence of those who are infected with them."

No reply appeared to the above paper until the 6*th
Jime, four days after the Assembly had risen. There then
came out, " Observations upon the Analysis," &c. ; wliich, ac-
cording to Lord Woodhouselee, was generally attributed to
the celebrated Dr Hugh Blcm\ and was written " y\A\\\
temperate but forcible animadversion." The introductory
paragraph is as follows : —

" The fi-eedom of inquiry and debate, though it may have
pubHshed some en'ors to the world, has undoubtedly been
the source from whence many blessings have flowed upon
mankind. As free inquiry alone could at first have made
way for Christianity, and have borne do^^^l the opposition
of synagogues, senates, and schools, it is to the same noble
principle we owe the Reformation, and are enabled to set at
defiance the t}Tannical decisions of popes and coimcils ; —
by means of free inquiry the Church of Scotland was origi-
nally estabhshed. In this country, therefore, all attempts
to infringe so valuable a pri^dlege, in cases where the peace
of society is not concerned, must ever l)e regarded -vrith con-
cern by all reasonable men. The proper objects of censure
and reproof are not freedom of thought, but licentiousness
of action, — not erroneous speculations, but crimes pernicious
to society. Against these ought the clergy to exert their
utmost effbrts ; and by such a conduct they -srill more ad-
vance the cause of religion, than by engaging in metaphy-
sical disputes, wliich may perplex the understanding, but
never can impair the morals of men."

The burden of Lord Karnes' defence is made mainly to
rest on the alleged unfairness of the quotations by the author
of the Analysis : —

" To glean disunited sentences, to patch them together
arbitrarily, to omit the limitations or remarks with which
a proposition is delivered, — can this be styled exhibiting the

60 ANNALS OF THE ASSEMBLY. Q1755.

sentiments of an author ? I hope I shall not he thought to
deviate into any thing ludicrous, when I refer the reader to
a well-known treatise of the Dean of St Patrick's, in which
the inquisitorial method of interpretation, used in the
Church of Rome, is, by so just and so severe raillery, ren-
dered detestable, — Si non totidem seiitentiis, ast totidem
verbis ; si non totidem verbis, ast totidem syllabis ; si non
totidem syllabis^ ast totidem Uteris. This is the genuine
logic of persecution. From arts such as these have the un-
happy divisions which so long distracted the Church been
derived. At a period when mankind are ftdly sensible of
the blessings they enjoy, and liberty, both civil and ecclesias-
tical, is become the dearest possession of the people, and
the favourite care of the prince, what sentiments ought the
revival of those insidious and Jesuitical principles to excite
in ever}'' sincere friend to our present constitution, in Church
and State ! Most of the members of the Chm-ch of Scot-
land are, I dare say, animated with a fervent zeal for reli-
gion ; but, knowing that the perfection of religion is the
spirit of moderation., they prize too highly the good of the
Church to give ear to the counsels of a violent and imchris-
tian zeal, which, by adopting the arts, may justly be thought
to pui'sue the ends, of persecution."

On the subject of liberty and necessity, the writer main-
tains, that the position of Lord Karnes is, " That man is
under a moral necessity, aiising from the will of the Deity ; "
and he holds that the doctrine of our Church is the
same, — referring also to the authority of Calvin, Beza, Tur-
retine, Edwards, &c. As for j\[r Hume's works he says :
" Every fair reader must admit and regret, that there are
to be found, in the ^^Titings of this elegant author, some
principles by no means inconsistent with sound doctrine.
There was therefore no necessity for ascribing to him posi-
tions which he does not advance, in order to support the
chai'ge of irreligion against him."

" The alarm being thus sounded," says Lord Woodhouse-
lee, " a conflict of an mipleasant nature was apprehended
between the moderate and the high-church party, in the
supreme ecclesiastical judicatm-e." This, however, does not
seem to have ensued, for the above decision was unanimous.
The only step taken in reference to Lord Kames, was the
omission of his name from the list of the Commission, in
which (out of courtesy) it had formerly been inserted.

1755.] IRREGULAR MARRIAGES. 61

When the subject was revived next year, the name of
Hume alone appeared in the overture ; it being supposed
that a motive of decorum prevented the mention of the
other, from the respect due to his station as a judge.

A petition of the Synod of INIerse and Teviotdale was
read on the 26th, naiTating the frequency and bad effects
of irregular marriages in their bounds ; that the laws for
restraining and punishing of such practices are hitherto
evaded, and of no effect, by the remitting or qualifying of
fines that by law ought to be enacted ; and therefore crav-
ing the Assembly's directions, how the Synod, and the se-
veral meml^ers and Kirk-Sessions of it, may proceed, in
exacting the full mulcts required by law, and in reducing
sentences that seem rather to screen than punish offenders.
The Assembly remitted to the Synod to lay a full represen-
tation of this affair, and proper queries, in ^^Titing, before
the procurator for the Church, that he may give his opinion
upon it.'"'

On the 30th, a representation of the Presbytery of Aber-
brothock was read, iDcaring, that at the request of ]Mr Ait-
ken, who was lately settled minister of St Vigian's^ they
had stented the several heritors of the parish, according to
tlieir valuations, in a certain sum of money, for repairing
the kirk of St Vigian's, upon which they pronounced u de-
creet in the usual way ; but that the greatest part of the
heritors refuse to pay any part of the money, in respect of
a paction entered into betwixt them and some of ]\Ir Ait-
ken s friends before his settlement, whereby these friends
obliged themselves to repair the kirk, manse, and office-
houses of St Vigian's, in case Mr Aitken should be settled
minister of that place ; for doing of which they granted an
obligation to the heritors, Avhich w\is produced to the Pres-
bytery ; and therefore the Presbytery entreated the Assem-
bly to give such orders to the agent for the Church as they

* The parishes of this Synod being near the English border,
were peculiarly exposed to this evil. It was, however, extremely
prevalent every where. John Grierson, deputy of the Savoy
Chapel, London, being convicted of clandestinely marrying a couple,
was sentenced (December 10) to be transported for fourteen years.
It is said he had married 1400 couple in the same manner, whose
marriages were, by that verdict, null, and the issue illegitimate — .
See the former vol., pp. 44, 94, 219, 220, 394.

F

62 ANNALS OF THE ASSEMBLY. ^1755.

should think proper, for prosecuting this affair before the
Lords of Session, to convince all concerned of the illegality
of such practices, and prevent the like in time coming.
The Assembly agreed to ad^dse the Presbytery to go on in
the due coui-se of law, for recovering from the several heri-
tors their proportions of the sum necessary for repairing the
kirk of St Yigian's.

Upon report of the committee for overtures, the General
Assembly transmits to the several Presb;yi:eries, the over-
tui-es formerly transmitted to them by the last and preced-
ing General Assemblies, and appoint that such Presbyteries
as have given no opinion on these overt m-es, do send up
their opinions to the next General Assembly ; and that such
Presbyteries as have given their opinions upon them for-
merly, do send up a new extract of the same.

The overtm'es above referred to, are : —

1. Overture aiieiit pj'ocesses against jivohationers^ trans-
mitted by the Assembly 1748.

2. Overture anent licensing prohationers^ transmitted
by the Assembly 1749, vdih. an amendment proposed and
transmitted by the Assembly 1750.

3. Overtm-e anent the Psalmody^ transmitted by the
Assembly 1750.

4. Overtm-e anent the effect of dissents^ transmitted by
the Assembly 1752.

5. Overture anent Presbyteries neglecting to send up
their opinions on the overtures transmitted to them by the
Assembly; — transmitted by the Assembly 1753.

6. Overture anent ministers ordained in England^ or in
foreign parts; transmitted by the Assembly 1754.

7. Overture anent members of inferior courts judging in
causes appealed fi-om them to the superior courts ; trans-
mitted by the Assembly 1754.

On the 30th May, the Assembly disposed of the appeal
of James Rose of Culiss, and Thomas Gair of Damm, for
themselves and other heritors, and others of the parish of
Xigg, (Ross-shire,) against a sentence of the Synod of Mo-
ray, approving of the conduct of the Presbytery of Aber-
nethy and coiTcspondents, in finding a libel, exhibited by
them, against Mr Patrick Grant, minister at Duthil, (pre-
sentee to Nigg,) not relevant y as laid. There appeared for
the appellants, Mr Charles Hamilton Gordon, advocate;
and for the Synod, Messrs Alexander Chalmers, John Grant,

1755.] CASE OF GRANT OF NIGG. 63

and other members ; and Mr Patrick Grant for himself, with
:Mr Hugh Dalrymple as his counsel. The charge against ]\Ir
Grant was drunkenness, alleged to have taken place in pre-
sence of the Presbytery of Edinburgh, whereupon (we quote
from the original record) '' a motion was made, that, m or-
der to bring this matter to a speedy issue, since it appeared
that many of the witnesses were either mem])ers of this As-
sembly or ministers of Edinburgh, or the neighbourhood of
it, they should now be called upon, as many as are here
present in the Assembly, to deckire what they know to be
the truth in this matter ; and the parties being asked if
they had any thing to oifer with respect to this motion,
the counsel for the appellants said, that, as he had a good
opinion of Mr Grant, he had advised his cUents not to
insist in the prosecution ; but he had no instructions from
them to make any answer to that motion. Mr Grant ex-
pressed his cheerftd acquiescence in what had been pro-
posed; and said he had offered, both to the Presb\^ery
and SjTiod, to be judged according to the libel as it stood,
without objecting to the relevancy. The General Assembly
then did mianimously agree to the motion made, and pro-
ceeded to call on such of the mtnesses, members of the As-
sembly, and others, as were present in the house. Dv
Patrick Cummi7ig being called upon, declared, that the
Presbytery of Edinburgh being to meet for the ordination
of a young man, who was to be chaplain to a regiment then
lying at Gibraltar, and it being his turn that day to have
the Wednesday evening seraion, he had desired Mr Grant
to preach for him, and had mth some difficulty prevailed
vnth him to undertake it, as he complained of being indis-
posed : That he remembered the said Mr Grant was pre-
sent with the Presbytery, and afterwards dined with them
at Richard Walkers, and that he was with them all the
time, till it was about five o'clock, when the meeting dis-
missed, and he observed no sort of signs of drunkenness
about him : That, upon the dismissing of the company, he,
the said Dr Gumming, went home, where, being detained
by some company, he was so late of getting to church that
the sermon was then begun ; and, from the discourse itself,
he found the text was, ' His commandments are not griev-
ous;' and he heard him speak no nonsense, nor did he
observe any thing in his manner of speaking but what might
naturally be ascribed to his being accustomed to preach m

64 ANNALS OF THE ASSEMBLY. [1755.

the Irish language : That, as to what passed at dispensing
the Sacrament of Baptism, he remembered that, after Mr
Grant had conchided the baptism of two cliiklren, being in-
formed of another child to be baptized, he expressed him-
self in this manner to the congregation, ' I beg yom* pati-
ence, as there is another child to be baptized which I did
not observe,' — and so he baptized that other child : That,
after dismissing the congregation, he went in with him, for
a little time, as is usual, into the aisle of the church : That
they did not come out by the passage into the Old Church,
but by the ordinaiy door into the Parliament Close : That
they walked together the straight way to his house, through
that passage that goes from the Parliament Close by the
Laigh Council-House and the Tolbooth, and so went up
the Lawnmarket ; and that he believes his arm might be
in Mr Grant's, or Mr Grant's arm in his ; and that he
would never have walked with him in that manner up the
open street, if he had had any suspicion of his being dmnk,
but would have sent him home in a chair : That, Mr Grant
being come into his house, he insisted ^^ith him to sup
there, which he declined ; and the said Dr Cumming hav-
ing occasion to go out of the room for some time, upon his
return he found Mr Grant was gone away. All which he,
the said Dr Cumming, could make oath upon, if required.
Mr George Kay, Mr John Johnston, Dr Alexander Mar-
tin, and 3Ir George Wishart, being severally called upon,
concurred in declaring, that they remembered the said Pat-
rick Grant dined with the Presbytery on the occasion above
mentioned, and that they observed nothing of his drinking
to any excess, nor any symptoms of drunkenness about
him. Two of the above declarants, to Avit, Messrs Kay and
Wishart, having continued with the company till about four
o'clock, and the other two having continued till it broke
up about five o'clock, and the said Mr Wishart believed
that it was near three o'clock before they sat doMH to din-
ner ; all which they declared to be the truth. Mr John
Hyndman being called upon, declared, that he remembered
the said ]Mr Grant dmed that day mth the Presbyter}^ in
Richard Walker's, and that after dinner, when the company
parted, he and Mr Grant conferred some time at the head
of the Advocate's Close, about some business that had been
transacted that day before the Presbytery : That ^Ir Grant
spoke like a sober and reasonable man ; and that, if it was

1755.] CASE OP GRIER OF DURISDEER. G5

tlie last words he had to utter, he could declare he saw no
signs of insobriety or drunkenness about Mr Grant." Then
follows a letter from Mr Whyte of Lilierton, to the same
effect ; and finally, the testimony of Mr James Stevenson^ —
" That Mr Grant handled the text in much the same way
as he had heard others do ; that his manner, he thought,
was not engaging, but that he did not hear him speak any
nonsense."

The Assembly, taking into consideration Avhat is con-
tained in the above declarations, unanimously found Mr
Grant fully exculpated, and the libel to be vexatious and
groundless, and therefore dismissed it ; appointed the Pres-
bytery of Tain to admit Mr Grant as minister of Nigg, be-
twixt and the 1 st September ; and ordered this sentence
to be intimated from the pulpits both of Duthil and of
Xigg. QSee under the two former years, and the year fol-
lo^^^ng.]

A reference from the Presbytery of Penpont, for advice
how they are to behave with respect to a slander raised
against Mr Robert Grier, minister at Durisdeer^ by one
Elizabeth Cairns, indweller in Kirkcudbright, who alleges
that Mr Grier had been clandestinely and irregularly married
to her, read, containing Mr Grier's application to the Pres-
bytery to have the said slanderous report inquired into, and
considered by them, and his denial of the fact charged up-
on him ; with the proceedings had by the Presbytery there-
anent, and her declinature of their jurisdiction ; together
with letters from Mr Gartshore, minister of Kirkcudbright,
to the Presbytery, bearing her being in disorder, both of
Ijody and mind ; and that, in his opinion, she is not a pro-
per subject of discipline. The said Presb\i:ery of Penpont
advised to draw up a narrative of the whole affair, to be
read in the parish church of Durisdeer, and, if they see
cause, in other churches in the Presbytery ; which nan*a-
tive shall bear, that the Presbytery find reason, upon the
whole, to look upon i\[r Grier as innocent, and upon the
report that has been spread to his prejudice, to be gi-ound-
less ; and that particular notice be taken in the narrative of
the circumstance contained in IMr Gartshore's letter, of the
said Elizabeth Cairns being disordered.

A sentence of the Synod of Lothian and Tweeddale, re-
versing a judgment of the Presbytery of Edinburgh, sus-
F 2

G6' ANXALS OF THE ASSEMBLY. [1753.

taiiiing a call by the majority of the collective body in use
to elect or present a minister to the second minister's charge
in South Leith^ to Mr Alexander Stewart, probationer, to
supply the vacancy in that charge, reversed. The foresaid
judgment of the Presbytery of Edinburgh affirmed, and they
appointed to proceed in the trials and settlement of the said
Mr Alexander Stewart, as second minister of South Leith.
This case occasioned " very long debates."

Two sentences of the Presbytery of Kirkcudbright, re-
specting the settlement of the parish of Cars/aim^ the one
finding that the right of settling the parish was fallen into
the hands of the Presbytery ; and the other gi'anting a mo-
deration of a call to Mr Donaldson alone, — reversed ; and
the said Presbytery appointed to moderate in a call to Mr
William Boyd, probationer, alone, to be minister of the said
parish ; and to proceed to his settlement as minister there,
with all convenient despatch, according to the rules of the
Church.

Reference to the Commission, to consider a representa-
tion by the Presbytery of Forfar, concurred with by the
Synod of Angus and ^learns, anent opposing any process
that may be raised for annexing the parishes of Inverarity
and Kinnettles.

Reference to the Commission to take in and settle the
accounts of the procurator for the Church.*

A call to jMr Thomas Simson, who was presented by IMr
Ilrquhart of Meldrum, to be minister of the parish of Cro-
marty^ rejected, and the Presbytery of Chanonry appointed
to proceed to the moderation of a call at large, to one to be
minister of that parish, according to the rules of this Church.

A sentence of the Synod of Glasgow and Ayr, finding
William Alexander, tenant in Mickle-Dripj^s^ and one of
the elders of the parish of Carmunnock^ censm-able, and or-
dering him to be rebuked at the bar of the Synod, and the
sentence to be intimated from the pulpit of Carmunnock, re-
versed ; the said William Alexander restored to the exer-
cise of his office as an elder in the said parish of Carmunnock,
the session of that parish appointed immediately to receive
him back, and this sentence of the Assembly appointed to
be intimated from the pulpit of the Church of Carmunnock

* This is rather an unusual reference, the accounts being gener-
ally submitted to the Assembly.

175.3.] NEW CHURCH IN PAISLEY. 07

the first Lord's Day after it shall be put into the minister s
hands.

The report of a committee named to consider the affair
relating to the settlement of the New Church in Paisleij^
brought in, bearing, as their opinion, that the magistrates
and council shall, by an act of council, authorise two or
more of their number, in their names, to grant bond, bind-
ing them, the said magistrates and council, and their suc-
cessors in office, as representing the community of the burgh,
to pay to the minister to be called and admitted, and to his
successors in office in all time coining, an yearly stipend of
1 000 merks Scots money, with £ 1 5 sterling money in lieu
of manse and glebe, at two terms in the year, Whitsunday
and Martinmas, by equal portions, beginning the first term's
payment at the first term of Whitsunday or Martinmas after
his being legally admitted a minister of the said church :
And also, to pay yearly, during a vacancy, the tax appointed
by law to be paid for support of the fimd for ministers' wi-
dows, &c. : That an extract of the said act of council, with
the principal bond, be lodged vAih. the Presbytery, to be by
them put in the proper register, and extracts thereof given to
the minister called, on his admission to the chm-ch : That the
said act of council and bond shall contain a clause, provid-
ing, that in case at any time hereafter it shall become ne-
cessary and expedient to discontinue or suppress the fore-
said church or churches within the said burgh, it shall not be
in the power of the magistrates or to^\Ti council to discontinue
or suppress the same, other^^se than by the authority of
the Lords Commissioners for Plantation of Kirks, »ScC. ; and
that, after such suppression of any one or more of such
churches, the act of council and bond above mentioned,
shall cease and become void, and the community be no
longer liable in consequences thereof, farther than for pay-
ment of one year's tax to the widows' fund, after the sup-
pression : That, at the ensuing moderation, the magistrates
and town council of the said burgh, the minister of the
church already planted, and the elders of the kirk-session
of the said church, not exceeding fifteen, together with the
contriJDUtors for the building of the church, who are en-
titled to elect, in terms of a contract 'twixt them and the
town council, shall be the only voters and electors in the
ensuing moderation : That in future vacancies, when the
town do not exerce their right of patronage, the moderation

68 ANNALS OF THE ASSEMBLY. [[1755.

shall be by such of the said contributors as shall be in life,
and inhabitants of the said burgh for the time, — the magis-
trates and toMTi comicil, — the incumbents of the other
church or chm'ches for the time, — and by the elders of the
sessions of the whole churches ; but so as that the number
of elders entitled to vote shall not exceed fifteen : That the
magistrates and toA^Tl council, agreeing to the settlement of
a minister in the said burcjh, either in the ensuinsf modera-
tion, or upon a moderation on any future vacancy, shall no-
ways hurt or prejudge their right of patronage : That, upon
the magistrates and council making the foresaid act, and
upon the foresaid bonds being granted in the terms above
mentioned, and their agreeing to the said j)lan in the mo-
deration, it be recommended to the Presbytery of Paisley
to proceed to the said moderation. The members of the
Presbytery present, with the committee, having signified
that they have no doubt but the recommendation will be
complied with, — the said report and opinion approven ;
irith the addition, that the bond therein mentioned be re-
vised and apj)roven of by the procurator for the Church,
and that, of the whole of the elders of the kirk-sessions,
only the fifteen senior elders shall vote in the election of a
minister ; and the Commission empowered to take in, cog-
nosce, and finally determine, in any reference or appeal that
shall be regularly brought before them, relating to the settle-
ment of the said parish.

The libel given by the Presbytery of Dingwall to Mr
Colin Mackenzie, minister at Fodderty^ dismissed, in re-
spect it does not appear in the precognition taken by the
Presbytery, that there was any evidence of the facts charged
upon him, the same containing nothing but hearsays ; and
all the minutes of Presbytery relating to that affair ordered
to be cancelled, and not entered in their records ; the said
sentence appointed to be intimated from the pulpit of the
church of Fodderty. And it is recommended to the Pres-
bytery of Dingwall, that in all processes before them, they
strictly adhere to the rules laid down in the form of process.

The report of the committee named to consider the affair
of Mr IMatthew Moncrieff, late minister at Bvessaif^ brought
in ; and, in respect the sentence of deposition was past by
the Presbytery of Zetland against him, when necessarily
absent, and in respect of the answers made by him to the
several articles of charge, the said sentence declared void

1755.] COLLECTION FOR THE PENNSYLVAMANS. C9

and null, and he restored to the office of the ministry against
the said sentence, as if the same had never been past ; and
intimation hereof appointed to be made from the pulpits of
Bressay and Burray.

A letter from the said Mr Matthew Moncrieff, contain-
ing a demission of his charge in the parishes of Bressay and
Burray^ given in and accepted of as his demission, and or-
dered to be recorded in the books of the Presbytery of Zet-
land.

A paper, entitled, " A Brief History of the Charitable
Scheme for Instructing Poor Germans in Pennsylvania, and
the Adjacent British Colonies in North America," publish-
ed by order of the gentlemen appointed trustees for manage-
ment of the said charitable scheme, and bearing, on the
Title-page, its being presented by order of the trustees to
this Assembly, being given in by Professor Cuming^ was
ordered to lie on the table, for the perusal of such members
as please to inspect the same. The following is a copy : —

'' The Protestant ministers in Pennsylvania having many
years ago found, that their number was too few for the
work they had undertaken, appHed to the churches of the
United Provinces for assistance; and in 1751 the States of
Holland and West Friesland granted 2000 guilders per an-
num for five years, for the support of such other persons as
should preach the Gospel in those parts. A considerable
sum was also raised by a voluntary contribution ; and the
assistance of the Churches of England and Scotland Avas
solicited in person by Mr Thompson, minister of one of the
English chm-ches in Amsterdam.

" Mr Thompson found gi'eat encouragement among per-
sons of the first rank ; and, after taking such measures as
were necessary here, he went to Scotland, where, represent-
ing his business to the General Assembly, which was then
sitting at Edinburgh, a national collection was made, which
amounted to near £1200 sterling.*

" When he returned to England, he found that his pas-
toral duty called him immediately back to Holland ; and,
at his request, a certain number of noblemen, and gentle-
men of rank and fortune, undertook to manage the afiair
in his absence, and solicit and receive contributions.

" Having formed themselves into a society, they began

* See the former vol., pp. 280, 293.

70 ANNALS OF THE ASSEMBLY. [1755.

by making a liberal subscription among themselves ; they
then laid the case before his Majesty, who was pleased to
grant them £lOOO ; the Princess Dowager of Wales, i^lOO,
and the proprietors of the pro\'ince engaged to give a cer-
tain sum yearly.

" The society having thus far succeeded, came to the fol-
lowing resolutions : —

" 1 . To assist the people in America to encourage and
increase the number of their ministers.

"2. To establish charity schools, for the instruction of
youth.

" 3. To appoint trustees in America to execute this
plan.

" 4. That the schools be under the foUomng directions : —
Ist^ To admit Protestant youths of all denominations. 2d^
To teach the boys the English and German languages;
w^riting, arithmetic, psalmody, and the principles of Chris-
tianity ; and the girls reading and needlework. 3f/, To teach
them by such catechisms as their OAvn parents approve,
avoiding all compulsion and partiality with respect to parti-
cular notions, not essential to true piety and "virtue. 4^,
To distribute among them Bibles, and other good books.
5th, To appoint proper deputies, and to visit quarterly.
Gth, To examine and state the account at the end of every
year, and reward such as have been remarkably diligent."

To this account is added an earnest addi'ess to the
wealthy of all denominations, professing Christianity, to
concur in a work so well calculated to deliver many thou-
sand souls from ignorance and superstition, to diffuse those
blessings which they possess, and confer such gifts out of
their abundance as will produce happiness beyond the
grave.

Reference to the Commission to cognosce and finally de-
termine in an appeal of Jolin Marshal, baillie in Auchter-
tnuchty, fi'om a sentence of the Synod of Fife, appointing
him to be rebuked before the congregation, upon an alleged
prevarication ; and a naiTative of the process to be read
from the pulpit of Auchtermuchty.

The Assembly rose June 2.*

* The proceedings of the November Commission, in the case of
Isigg, will be found embodied in the account of next Assembly.

1756.] ACT FOR A NATIONAL FAST. 71

ASSEMBLY 1756.

The General Assembly met at Edinburgh on Thursday,
May 20. Charles Lord Cathcart was his Majesty's Com-
missioner ; and Dr Patrick Cuming, Professor of Ecclesias-
tical Histor}^ in the University of Edinburgh, and one of
the ministers of the city, was chosen Moderator.*

On the 2 2d a motion was made, and unanimously agreed
to, to address the King on occasion of the declaration of
war ; a committee was named to draw up the address, to
show it to the Commissioner, and report it to the Assembly
on Monday the 24th ; and it was resolved, that, after con-
sidering and preparing the address, the remaining part of
Monday's diet should be spent in prayer, for obtaining the
divine blessing on his Majesty's arms.

Accordingly, on the 24th, a draught of the address was
presented, unanimously approved of after some amendments
made, and subscribed by the IModerator. At the Assem-
bly's request, the Commissioner undertook to transmit it to
his Majesty; and the Assembly appointed the Moderator
to transmit a copy of it to the Earl of Holdeniesse, one of
the principal secretaries of state. Then a motion was made,
and unanimously agreed to, that as the nation is now en-
gaged in a just and necessary war, a day of solemn humili-
ation, fasting, and prayer, should be observed all over Scot-
land ; application to be made to the king for the royal
authority, and for naming the day. The remaining part of
tiiis diet was spent in prayer, pursuant to the aforemen-
tioned resolution.

Act of the General AssemUy for a Fast, dated Edinburgh,
May 31, 1756.

Whereas our sovereign, in defence of Great Britain and
Ireland, and the dominions thereto belonging, has declared
war against France, the formidable enemy of the religion
and liberties of our country t ; and whereas the Almighty,
in former times, has done gi-eat things for these nations, —

* He had also filled the chair in 1749 and 1752.
t The declaration of war against France had reached Edinburgh
on the first Saturday of the Assembly. Such was the patriotic en-
thusiasm of the clergy, that Mr Alexander Rose of Nairn had

72 ANXALS OF THE ASSEMBLY. [1756.

has bestowed upon them inestimable privileges ; and in the
day of danger, when our fathers cried unto God, he heard
from heaven, raised up deliverers, and saved according to
his manifold mercies, and still continues to distinguish us
beyond all nations, blessing us with the best religion, and
best of governments :

Yet, notwithstanding all this goodness showed to these
nations, just cause there is to lament, that we have not
learned wisdom from our dangers, nor gratitude from our
deliverances ; tliat we have not duly prized nor improved
our advantages ; but as God has' multiplied his favours upon
us, we have multiplied our transgressions against the God
of heaven ; and too visible it is, that infidelity, luxury, vice,
and profaneness, have widely diffused their contagion, and
infected this nation.

From this aggravated guilt, we have reason to dread that
God may be provoked to depart from us, to deliver us a
prey into the hands of our enemies ; and, by an inclement
season, to blast the fruits of the earth, and break the staff
of bread in our land ; thus visiting us, for our iniquities,
with the desolating calamities of war and famine.

The jS'ational Assembly of the Church of Scotland, in
this important crisis, when we have much to fear from our
enemies, and more from our own follies and heinous trans-
gressions, do therefore most seriously call and exhort all to
the duties of solemn fasting, humiliation, and prayer, ujDon
such a day as his Majesty shall please to appoint, the As-
sembly having made humble application to him to name the
day, and interpose his royal authority for the due observa-
tion thereof; and they do earnestly obtest persons of all
ranks, as they tender the favour of Almighty God, and the
welfare of these nations, to humble themselves with peni-
tent and contrite souls, in the sight of that God who, dwell-
ing in his high and holy place, dv/elleth also with them
who are of contrite and humble hearts ; to confess and for-
sake their sins, imploring, through Jesus Christ, gi*ace and
mercy from the Father of mercies ; beseeching the divine
Majesty to revive among us a spirit of primitive integrity,
piety, and virtue ; that we may be inspired with reverence

offered a bounty of thirty shillings to every able-bodied seaman ;
and Mr William Blair of Ruthven had offered a guinea to every
recruit who should enlist in Lord John Murray's regiment.

1756.] NATIONAL FAST. 73

of the Almighty, loyalty to our sovereign, love and zeal for
our constitution, civil and religious ; that there may be one
mind and one heart in us all; that every heart may be
warm with the love of our country, and every hand cheer-
fully employed in her service : and if, in the providence of
God, we shall be called to appear in the defence of the Pro-
testant religion, and our national privileges, that, in so noble
a cause, we may act a part becoming our characters, as
Protestants and free Britons, — may be of good courage, and
may plav the men for our people, and for the cities of our
God.

The Assembly further enjoins, that, in the day of public
prayer, suppHcations be offered to the God of heaven, that
he may bless our sovereign, King George, long preserve his
valuable life, direct his councils, establish his throne in righ-
teousness, and that he may continue to reign in the hearts
of a free and happy people ; that God may bless their Royal
Highnesses, the Prince of Wales, the Princess- Dowager of
Wales, the Duke of Cumberland, the Princesses, and all
the royal family ; that God may give wisdom to our coun-
sellors, conduct to our commanders, and strength to those
who turn the battle from our gates ; that our trust and con-
fidence being placed, not in an arm of flesh, but in the
Lord Jehovah, in Avhom there is everlasting strength, he,
the righteous Governor of the universe, may favour our
righteous cause, — the Lord of Hosts may go forth with our
fleets and armies, protect those in the day of battle who ex-
pose their lives for our safety, and cro\\ii their arms with
victory and success ; that God, who setteth bounds to the
sea, stilleth the raging of its waves, and the tumults of the
people, would make this expensive and dangerous war
speedily to terminate in a safe and honourable peace ; that
the God of nature, whom all the elements obey, would
send such weather as will cherish the fruits of the earth,
that our pastures may be clothed ^Wtli flocks, and our val-
leys covered over with com, — that our land may yield her
increase, and the year at length be crowned with the divine
goodness; that we, enjoying the blessings of peace and
plenty in all our borders, and being delivered by the Al-
mighty from the hands of our enemies, may serve our God
without fear, in holiness and righteousness before him, all
the days of our lives ; that the beauty of the Lord our God
may be upon us, and glory, the glory of civil and religious

74 ANNALS OF THE ASSEMBLY. p VoG.

liberty, may ever dwell in our land. And the Assembly
enjoins all ministers to intimate tins act fi-om their pulpits,
upon the Lord's Day immediately preceding the day that
shall be appointed by his Majesty for the observation of the
fast, and to excite the people to their duty by suitable ex-
hortations.

At the court at Kensington, June 30, the king, in coun-
cil, was pleased to appoint Thm-sday, the 22d of July, for
the observation of this fast ; and printed copies of the order
in council were sent by his Majesty's solicitor to all sheriffs,
&c., who were required to send them to all parish churches
within their bounds.

It was agi'eed, on the 25th, to transmit two overtures to
the several Presbyteries, in order to have their opinion of
them reported to next Assembly, ^Hiz. : —

1. " The General Assembly having had represented to
them the great loss which many of the present ministers of
this Church sustain from agreements which have been made,
betvvixt their predecessors in office and the heritors of their
respective parishes, concerning the extent of their stipends^
whereupon decreets of modification and locality have been
obtained with consent of parties, did therefore agree to the
following overture, to be transmitted to Presbyteries : —
That it be enacted and ordained, that in all time coming-
no minister shall make any composition with his heritors,
with respect to obtaining a decreet of modification and lo-
cality for his stipend, but at the sight, and with the ad^dce
and consent of, the Presbytery of the bounds.

2. " That it shall be among the questions asked by Sy-
nods at the several Presbyteries, at the 'privj censures,
What vacancies there are in their bomids ? — of how long
continuance these have been ? and the reasons why they are
not supplied ; and if the Synod shall find any Presbytery
dilatory, after the right of planting any parish has by law
fallen into their hands, the Synod shall enjoin them to pro-
ceed toward the settlement of that parish without fm-ther
delay."

On a reference from the Presbytery of Dunfermline, the
presentation and call to Mr James Reid, probationer, pre-
sented by the Earl of Moray, to be minister of JBeafh, were
unanimously sustained, and the Presbytery were appointed
to proceed to his trials and settlement. The peaceable

17.j6.] case op xigg. 75

temper with which the opposers of Mr ReicVs settlement
had conducted their opposition, gave great satisfaction to
the Assembly, which was signified to them by the 3Ioderator.
On the 27'th came under consideration the case of the
parish of Nigg. The facts are thus related, in a printed
case. In 1752, Mr Patrick Grant, minister at Duthil, re-
ceived the king's presentation to he minister at Nigg. Dif-
ficulties having arisen, and the affair having come before
the Assembly 1753, Mr Grant's call was sustained, and the
Presbytery of Tain were appointed to proceed to liis settle-
ment ; but, a few days before ^Ir Grant was to have left
Edinbm-gh, to go and take possession of his charge, a story
was raised, that he had preached in a church of Edinburgh
when intoxicated with liquor, and, while in that state, had
committed many indecencies, inconsistent wdth his sacred
character. On this, a prosecution was brought before the
Presbytery of Edinburgh ; who found that his own Presby-
tery were the proper judges, — and their sentence was con-
firmed by the Assembly 1754, by wdiom the cause was ac-
cordingly remitted to the Presbytery of Abernethy. This
judicature foimd the libel too vague, and ordained a more
particular condescendence to be given in. An appeal was
taken against this sentence by the prosecutors ; which
brought the affair before the supreme judicatui'e a third
time, in 1755. The sermon libelled on was preached on a
AVednesday evening ; and as the Presbytery of Edinburgh
had had Mr Grant at dinner "svith them a very short time
before, had been with him the whole day, and heard him
preach the sermon, the Assembly called them up, one by
one, to give a recital of what had passed. They all unani-
mously declared, that IMr Grant drank very little at dinner,
and that he was perfectly sober in the church. The As-
semljly unanimously found ]Mr Grant fully exculpated from
the charge of drunkenness, and the libel to be vexatious and
groundless, and therefore dismissed it ; and appointed the
Presbytery of Tain to proceed to his settlement as minister
at Nigg, and that bis admission should be betwixt and the
1 St of September, then next ; empowering the Commission
to cognosce and finally determine in any reference or ap-
peal, in case any such should be regularly brought before
them relative to his settlement. Instead of obeying this
sentence, the Presbytery, at a meeting, July 23, 1755, stated
a vote, Whether they should obey the Assembly's sentence.

76 ANNALS OF THE ASSEMBLY. [1756.

or Not ? and it carried Not. The votes stood thus : Messrs
John Sutherland at Tain, and Gilbert Robertson at Kincar-
dine, and a ruling elder, Not ; Messrs George Balfour at
Tarbet, and Patrick Grant at Logie-Easter, Obey ; three,
viz., Messrs John Porteous at Kilmuir-Easter, Donald Ross
at Fearn, and John Bethune at Rosskeen, did not vote,
and Mr Joseph Munro at Edderton was absent.* Upon
an appeal, the Commission pronounced the following sen-
tence, November 19, 1755: — " The Commission do hereby
testify their displeasure at the Presbj^tery of Tain, for stat-
ing such a vote as Whether they should execute the As-
sembly's sentence, or Not ? and, in consequence of this,
refusing to obey the same ; and do peremptorily order the
said Presbytery to proceed to the settlement of Mr Patrick
Grant in the parish of Nigg, and to admit him as minister
of that parish betwixt and the 1st day of February next,
and to report to the Commission, at their next quarterly
meeting, on the first Wednesday of March next. And the
Commission do further recommend it to their Moderator to
Avrite a letter to that Presbytery, earnestly recommending it
to them to give obedience to these orders of the Assembly,
now renewed upon them by this Commission, and to con-
sider the bad consequences of Presbyteries disobejdng the

* Such is the account in the Printed Case ; but, strictly speak-
ing, the vote stated on the 23d July was, *' Proceed or Delay ; "
and, when the latter was carried, a committee was appointed to
confer with the parishioners. They reported, that, at a numerous
meeting in the church, " they had particularly and warmly exhorted
them to fall in with Mr Grant's settlement, and thereby prevent
numberless inconveniences, to themselves and others ; but instead
of their compliance, the whole of the elders and people then pre-
sent declared, they never would accede to Mr Grant's settlement ;
that they neither would witness his admission, nor ever afterwards
hear him, 7ior any that should juin in his admissio7i ; that it was
wormwood and gall to them to hear of that proposal any further ;
that the elders said they would choose sufferings unto death rather
than comply," &c. This report was given in on the 30th July,
when the vote was stated, " Proceed or Not, in present circum-
stances, and it canied Not." Such was the prejudice of the people,
that when, on the Sunday previous, the Moderator (Mr Patrick
Grant of Logie-Easter) appeared to preach, and read and translate
the act of Assembly acquitting the presentee, his namesake of Du-
thil, from the charge of drunkenness, " though a number of his
own parishioners composed an auditory, the parishioners of Nigg
totally absented. "

1756.] CASE OP NIGG. 77

appointments of tlie supreme court ; putting them also in
mind, tliat, by the act 12, Ass. 1736, and the act 6, Ass.
1754, they are, for their having ah-eady refused to obey the
sentence of tlie hist Assembly, ipso facto sisted before the
next General Asseml)ly, to be accountable to them for their
conduct ; and that now it lies upon them to prevent what
they may expect must ensue upon their continuing disobe-
dient." The Presl)ytery met at Tain, December 31, 1755,
and, by an unanimous resolution, appointed the 28th of
January for ]Mr Grant's admission, and wrote him a letter
to attend ; which he accordingly did. When the appointed
day came, only four of the members attended at Nigg, viz.,
jMessrs Balfour, Grant, Munro, and Bethune ; of whom
Messrs Munro and Bethune, pretending difficulties, slipt
ojft', so that there was not a quorum to execute the sentence.
An appeal to the Assembly was taken, in name of his 3Ia-
jesty's advocate and the heritors concumng with the royal
presentation, cmving redress ; for whom a petition was pre-
sented, setting forth several of the facts just now related
from their printed case.

The Presbytery being called, five of them appeared, viz.,
Messrs John Sutherland, Donald Ross, Gilbert Robertson,
Joseph Munro, and John Bethune, and gave in a represen-
tation, dated at Edinburgh, May 27, and subscribed by
them, setting forth. That, as soon as the sentence of the Com-
mission in November ^^•as intimated to their ^Moderator,
viz., on the 24-th of December, the Presbytery was called to
meet on the 31st; at which meeting the edict was ap-
pointed to be served, and the 28th of January was fixed for
admitting ]Mr Grant : That accordingly four of the Presby-
tery met at Nigg that day, but could not find a single mem-
ber of the congregation, or any one j^erson iclio had inter-
est in the parish^ to witness or concur with Mr Grant's
settlement : That only one person appeared^ who told them,
that the hlood of the parish of Nigg zvould he required of
them if they should settle a man to the walls of the kirk,
and then went off: That, in these extraordinary circum-
stances, which could not be foreseen by the Assembly or
Commission, it was proposed to adjourn to Tain, that a
fuller meeting might be obtained, being still within the time
limited by the Commission, before they should take upon
them to act in a case so straitening and unprecedented ; but
this not being agi'eed to, a report of their proceedings was
G 2

78 ANNALS OP THE ASSEMBLY. [1756.

sent up to the Commission in March ; and as, by the Com-
mission's not meeting, the Presbytery had no opportunity
of getting the advice and directions necessary, they had now,
for obtaining these, come to Edinburgh, from a corner far
distant, with great inconvenience to their parishes and dis-
tress to themselves : That it was with concern they found
themselves obliged to lay before the Assembly these new
and uncommon circumstances, which had hitherto hindered
their carrying into execution the sentence of the Commis-
sion, and as they now waited to know the mind of the As-
sembly with respect to them, they hoped any delay for this
purpose, in an affair so intricate, would not be found to im-
ply any disrespect or disobedience to the authority of the
supreme judicatures of the Church ; and praying such di-
rections anent the premises as the Venerable Assembly in
their ^visdom should see meet.

After parties were fully heard, the Assembly proceeded
to consider the affair, and an overture was proposed, viz..
That the brethren, subscribers of the representation, should
be rebuked for their disobedience, and this sentence of the
Assembly ordered to be recorded in the Presbytery book of
Tain ; and, ^\4th respect to the admission of Mr Grant, that
the Assembly should appoint in the terms after expressed.
The Assembly, after reasoning, having agreed to that part
of the overture which respected the appointment to be laid
upon the brethren in order to Mr Grant's settlement, but
being divided in their sentiments with respect to the cen-
sure to be inflicted on them for their past disobedience, and
some being for the Assembly proceeding to a higher cen-
sure than a rebuke, it was agreed to put the question. Pro-
ceed to higher censure than a rebuke, or Not ? and it
carried, by a very great majority. Not. " The General
Assembly, therefore, considering the conduct of the breth-
ren, petitioners, to wit, Messrs John Sutherland, Donald
Ross, Gilbert Robertson, Joseph Munro, and John Bethune,
do appoint them to be rebuked for their disobedience ; and
order this sentence of the Assembly to be recorded in the
Presbytery book of Tain : And the General Assembly do
appoint the said Presbytery to admit Mr Patrick Grant as
minister of Nigg betwixt and the 1st day of August next ;
that Mr John Sutherland, minister at Tain, shall preach
and preside at the said admission ; and in case of his in-
ability, that the Presbytery shall appoint another of the

17.56'.] CASE OF NIGG. 79

;ibo> e-named petitioners in his room ; and all of the five
petitioners are hereby ordered to be present at the admis-
sion ; and if any of them should be absent, he shall give in
his excuse to the Presbytery, which shall be recorded by
them, and reported to the Commission of this Assembly at
their meeting in November next, — before whom such of
them as have been absent from the admission are hereby
ordained to appear, to be accountable for their conduct ; and
the Assembly do empower their Commission to inflict the
censure of deposition on such of them as shall be found to
have been disobedient ; but in case there shall be no quo-
rum of the Commission, they are hereby required to sist
themselves before the next General Assembly. And the
Assembly do further require the Presbytery of Tain to send
up to the Commission in November next, an extract of their
whole proceedings in this matter." The Moderator accord-
ingly, by appointment of the Assembly, rebuked the said
brethren.*

The same day, a petition of the elders of the lowland
congi-egation of Campbelton, and of the parish of Southend,
complaining of the Synod of Argyle, for certain acts passed
by them relating to the number of sermons to be preached
before and after the celebration of the Lord's Supper with-
in their bounds, was dismissed as incompetent, and not pro-
perly brought before the Assembly, because not brought by

* A very full report of this case, in all its stages, (as extracted
from the Presbytery Records) will be founel in the Appendix to the
Commons' Report on Patronage, 1834; pp. 109-122. The edict
for Mr Grant's admission was served by Mr Hugh Rose, probationer
and Presbytery-clerk, who reported, " That he found none in the
church but two servants ; that he did not think it either proper or
decent to preach, as he could get no more hearers, but that he made
intimation of this diet, and the design thereof, in presence of the
said two persons, and left a copy of the edict in the key-hole of the
most patent door of the church, and then came away." At the
Presbytery meeting (above mentioned) of the 28th January, the rea-
son assigned in the record, by Mr Munro of Edderton, for not pro-
ceeding to the settlement, is, not that he was disinclined to obey
the Assembly's order, but " because he ,is apprehensive the peace
of the country, the usefulness of Mr Grant, and of other members
willing to proceed to the settlement, \vill be greatly marred and im-
peded by the absence of Mr John Sutherland of Tain, as he cannot be
tied up, by any law of the Church, or good manners, from encour^-
ing any people, when they please to break off from their own minis-

80 ANNALS OF THE ASSEMBLY. [1756'.

any appeal from the S}Tiod, so as to sist the Synod to an-
swer for themselves. By the act which gives rise to this
complaint, dated August 12, 1754, "The Synod appoint
and ordain, that the use of sermons on the Saturday before
and Monday after dispensing the Sacrament of the Lord's
Supper, be discontinued in all time coming ; and that there
be no sermons preached on those occasions, but on the Sab-
bath-day, and on the Thursday immediately preceding,
which is to be observed as a day of fasting and prepara-
tion." There was an affair somewhat similar to this before
the Assembly 1751.*

On the 28th, Avere taken under consideration instructions
from the Presbyteries of Skye and Uist, representing the
great prejudice likely to befall religion and loyalty, through
the want of a sufficient number of preachers who have the
Irish tongue^ for supplpng the vacancies in those places,
of which there are several already, and a near prospect of
more. The instnictions were remitted to the committee for
overtures ; and on an overture presented by that committee
on the 29th, tlie Assembly agreed to the reviAnng of bursa-
ries, to be maintained by the Church, for educating students
who have the Irish language, which were discontinued by
the act 7, Ass. 1737, and to appoint an annual collection
in all the churches in Scotland for the same purpose. Ac-
cordingly, an act and recommendation was proposed, for a

ters." He then goes on to accuse Mr Sutherland of giving sealing
ordinances to others than his o^vn parishioners, of employing men
who leave their own parishes, to speak and pray in his fellowship-
meetings, &c. ; and therefore " he (Mr Munro) does not think
himself bound, either in duty to the Church, nor from the pri7iciples
of self-preservation, to screen Mr Sutherland in his disobedience,
and by this give him a large tield for exercising the office of uni-
versal bishop in the bounds," &c. The whole minute is a curio-
sity of its kind. Mr Munro fully succeeded in his object, for it
will be seen, that the Assembly ordered Mr Sutherland not only to
be present at the admission, but to preside, which he accordingly
did on the 27th July, when this painful business was brought to a
close. One consequence of Mr Grant's settlement, however, was
the erection of a Seceding Meeting-House, which still exists, and
to which, according to the late statistical account, by Mr Lewis
Rose, now of Glasgow, 120 families belong, while 160 adhere to
the Establishment. Mr Grant's predecessor was Mr John Sal-
four, whose ministry appears to have been eminently acceptable and
useful.

* See the former vol., p. 212.

1756.] COLLECTION FOR HIGHLAND STUDENTS. 81

voluntary collection, in order to the educating of students
having ike Irish language, (dated at Edinburgh, May 31,
IToG,) viz.: — ''The General Assembly of the Church of
Scotland, having taken the state of religion in the High-
lands and Islands into their serious consideration, and it
being represented to them by the Synods and Presbyteries
immediately concerned, That, unless proper precautions be
taken in time, there will not be a sufficient number of per-
sons capable of preaching the Gospel of Christ in the Irish
language, in places where it is absolutely necessary to preach
in that tongue : That there are already several vacant pa-
rishes in those parts, — one of which in particular, is mostly
inhabited by Papists, — which there is no prospect of having
soon filled up, through the want of probationers and stu-
dents in divinity who are acquainted with the language of
the place; and that more parishes of the same kind will
soon be in the like melancholy situation,— so that ignorance,
Popery, and disaffection to the government, must in all pro-
babihty prevail there, ^^ithout some timely remedy, as the
implacable enemies of our happy establishment, in Church
and State, take care to keep up a constant succession of
Popish missionaries in those places : That of those people
in the Highlands and Islands who are in a condition to
train up their children for the holy ministry, very few are
disposed to do it ; and of those who are inclined to it, very
few are able to support the expense of an university educa-
tion. For these reasons, the General Assembly do hereby
appoint, that a pubhc collection be made for this purpose
in all the churches in Scotland, on or before the first Sab-
bath of December next. The money so collected to be re-
mitted to William Ross, clerk to the Society for Propagat-
ing Christian Knowledge ; and the same to be laid out on
the education of students having the Irish language, at phi-
losophy and divinity colleges, according to such a plan as
shall be drawn out by the ensuing General Assembly.
And it is hoped, that the same charity which has been so
generously exercised on several occasions towards our dis-
tressed brethren in foreign countries, will be no less forward
to exert itself in behalf of those of our own country, whose
ignorance or progress in Christian knowledge, whose loyalty
or disloyalty, must more immediately affect our present
happy constitution, civil and religious. And whereas it
were to be wished, that the people of this country did all

82 ANNALS OF THE ASSEMBLY. [l756.

understand and speak tlie same language; and it being
certain, that one great source of the ignorance and want of
industry that prevail in many parts of the Highlands and
Islands, is their unacquaintedness with the English tongue,
therefore it is hereby pro\dded and ordained, that every
student who shall be trained up for the ministry in those
places, upon the fund which is proposed to be raised for
this purpose, shall, when he comes to be settled as a minis-
ter, preach every Lord's Day in English as well as in the
Irish language. And all ministers in those parts are ap-
pointed to use their best endeavours for the spreading of
the English tongue among their people till it become the
universal language of the country. And the General As-
sembly appoints this act to be read from all the pulpits in
Scotland, the Lord's Day immediately preceding that on
which the collection is to be made ; and recommends to all
the ministers to accompany the same with suitable exhorta-
tions."

A complaint, relating to simoniacal pactions in the settle-
ment of the parish of St Vigian's^ was likewise taken into
consideration on the 28th, and committed; and on report,
next day, the following resolution was agreed to : — " The
General Assembly having had represented to them certain
illegal practices earned on in the settlement of the parish of
St Yigian's, by some concerned in that parish, do hereby
testify their abhoiTcnce of such practices, and agree that a
committee shall be appointed to prepare an overtm'e for
putting a stop to these, of which there is reason to believe
there have been frequent instances, and to lay the same be-
fore the Commission of this Assembly, at their meeting in
November next, who are hereby instructed to consider and
ripen such an overture, and transmit it to the next General
Assembly." A committee was named accordingly. The
complainers, as well as the committee, declared themselves
satisfied that Mr Aitken, the minister of St Yigian's, had
no concern in the illegal practices complained of.

A third affair brought in on the 28th was that of Jed-
burgh. This parish became vacant on the 1 8th of Septem-
ber 1755, by the death of Mr James Winchester. In a
short time after, the elders entered into a written associa-
tion, viz. : — " Be it known to all to whom these presents
may come., that we, the elders in the town and country pa-
rish of Jedburgh, do unanimously agree and resolve (through

IToO.] CASE OF JEDBURGH. 83

tlic Strength of divine grace,"') to stand and fall together in
the election or voice of a minister for this parish, against
all solicitations, threats, or bribes whatsoever, or from whom-
soever, and against all intrusion that may be attempted on
said parish by any minister whatsoever ; and that we shall
cleave and adhere iirmly to the majority of this parish in
the choice, as aforesaid ; and this we do certify, and each
of us for ourselves. In witness whereof," &c. This paper
was subscribed by seventeen persons, and dated October 2.5,
1755 ; and the same day a numerous subscription was pro-
cured in favour of Mr Thomas Boston, minister at Oxnam,
to be minister at Jedburgh. But, on the 4th of Febi-uary
1756, a presentation to that benefice was granted by the
king, in favour of Mr John Bonar, minister at Cockpen,t
which was duly accepted and lodged ; and a petition was
prefen-ed to the Presbytery, for a moderation in a call to
jMr Bonar, in name of all the heritors, (except two small
ones,) the provost, three of the four bailies, the dean of
guild, five counsellors, and sundry heads of fiimilies. Com-
pearance was made for the elders, and others, to oppose Mr
Bonar's settlement. Of the papers given in for them, one
consists of nine objections to JMr Bonar's being their minis-
ter ; which turn chiefly upon Mr Bonar's accepting a pre-
sentation, notwithstanding his having always been a stre-
nuous opposer of violent settlements, — which, they say, are
contrary to Scripture, the apostolical practice, and the
principles of tlie Church of Scotland. We give the two
last objections verbatim, viz. : — " 8. It has been, and is
the opinion of some at this day, that vacant churches never
was better planted, but since the power was lodged in the
hands of patrons ; but, to pass from acts and opinions of
men, we shall view the foundation-act, and that is in the
2d Psalm, long before this Church, the endu of the earthy
Scotland and England, were gifted of the Father to his Son
Christ, — and that is an old act of Parliament, decreed bv
our Lord, and printed 4000 years ago. Man's acts are but
yet printing ; the first act shall stand, let the great ones of
the earth, who love Christ's room better than himself, rage
as they please. 9. It is a sorry scene, to see the pillars of

* The words in the pai-eiithesis are interlined in the original,
t He was grandson of Mr Bonar of Torphichen, and father ot
Mr Bonar of Cramond.

84 ANNALS OF THE ASSEMBLY. [1736.

God's Church supporting and pleading so avowedly for the
disturbers of Sion s peace ; and, as Joah said to David.
2 Sam. xix. 6, 7, ' Thou hast declared this day, that thou
regardest neither the welfare of the Church nor the edifica-
tion of souls, the voice of the people, nor the entreaties of
elders ; for this day we perceive, that if Mr John Bonar
can hut obtain the stipend of Jedburgh^ it is no matter if
we die in ignorance.' Now, therefore, come forth, arise,
and speak comfortably unto this poor afflicted congregation,
now lying groaning under the heavy yoke of patronage;
and if we can procure no comfort at the hands of God's
ministers, we declare, roundly, soundly, faithfully, and ho-
nestly, that w^e will complain to God himself for a redress
of our grievances."

This cause Avas carried from the Presbytery, first to the
SjTiod, and then to the Assembly, by reference. It appears,
that before the end of February the opposers of Mr Bonar
were credibly informed, that he was determined not to go
to Jedburgh in the face of so numerous an opposition ; and
before the meeting of the Ass ^mbly he had got a call to
Perth. In the Assembly, several members ha^-ing expressed
an apprehension of disagreeable consequences, in the event
of Mr Bonar s being transported to Jedburgh, the Lord Ad-
vocate represented, that as he was desirous to promote the
peace of the Church and the quiet of the country, and as
his Majesty's right to present anew an}^ other qualified per-
son could not be prejudiced by the not carrvang Mr Bonar's
settlement into execution, he, in order to remove the diffi-
culties in this case, attended with particular circumstances,
would make no opposition to any expedient that might
seem proper to the wisdom of the Assembly for biinging
this affair to a comfortable issue, consistent ^vith the Crown's
right of presenting anew to the vacant parish of Jedburgh.
The Assembly thereupon agreed, without a vote, to the fol-
lowing resolution, viz. : — " Having considered the circum-
stances of the case, and what was represented by his Majesty's
advocate, the Assembly are of opinion, that the presenta-
tion and concurrence there"s\'ith ought to be sustained ; but
that it is inexpedient, as matters stand, to prosecute the
same, in order to the transportation of Mr Bonar to Jed-
burgh ; and therefore the Assembly make no order or deci-
sion for that effect, — reser-vdng and declaring, that it shall
be competent to his Majesty, the patron, to present any

1756.] MISCELLANEOUS BUSINESS. 85

qualified person to be minister of Jedburgh ^vithin six
months from this date ; and in such case, they appoint the
Presbytery of Jedburgh to receive and proceed upon the
same according to the rules of the Church. ^Vnd the Ge-
neral Assembly do hereby empower the Commission to take
in, cognosce, and finally determine, in any question that
shall be brought regularly before them relating to the settle-
ment of Jedburgh ; and to take into consideration the con-
duct of the elders of Jedburgh, — and particularly an asso-
ciation entered into by them, — and to judge therein as they
see cause."

On the 29 th a letter Avas given in, dated September 24,
1 755, fi-om the trustees for the College of New Jersey^
returning thanks to the Assembly for the collection granted
to the said college \ which was read, and ordered to be kept
in retentis.

A reference from the Synod of Perth and Stirling of a
cause brought before them, by an appeal taken by ]\Ir
James Smith, probationer, who is presented by the Right
Honourable the Earl of Kinnoul, patron of the parish of
Rattray^ to be minister of that parish, from a sentence of
the Presbytery of Dunkeld, finding, " That the six months
alloAved by law to the patron to present, were elapsed, and
therefore refusing to admit the said presentation, or proceed
thereon; and further finding, that the power of planting
the parish of Rattray w^as devolved on the Presbytery," —
brought in and read, and the Presbytery of Dunkeld ap-
pointed, with all convenient speed, to moderate in a call to
the said Mr James Smith alone, to be minister of the said
parish of Rattray, and to proceed to his settlement accord-
ing to the rules of this Church.

An instruction from the Presbytery of Biggar, for advice
how to oblige patrons of churches to apply vacant stipends
as directed by law, read ; and the General Assembly re-
mitted to the said Presbytery to apply to the procurator for
the Church for his advice in the affair, and to follow what
directions he shall give thereanent.

The procurator and agent for the Church appointed to
attend to a cause advocated to the Court of Session, con-
cerning the settling of a schoolmaster at Neivburn, wherein
the callers of one Mr Mitchel to be schoolmaster there,
(whose call was rejected by the Presbytery,) had excluded
the minister of the parish from a vote in the election.

86 ANNALS OF THE ASSEMBLY. []1756.

The draft of an act and recommendation for a collection
for carr\dng on the building of the bridge at Kelso, brought
in and approven.

The Assembly rose May 31.

Debate in the Committee of Overtures.

Some members of Assembly, not satisfied with the gene-
ral declaration against infidel ivritings, Avhicli had been
passed the fonner year, (see p. 58,) proposed, in the com-
mittee of overtures, that a special censure should be directed
against certain infidel writers. The controversy had been
carried on since last Assembly ; and not long before the
present meeting, a pamphlet had appeared, with the title —
" Infideliiij a projyer object of Censure." Though the mat-
ter did not come into debate in the Assembly itself, yet.^ as
the discussion in committee excited much interest at the
time, we shall here insert an account of it, which appeared
soon after : —

After a few general observations upon the importance
of a strict and regular discipline to the purity of the Chris-
tian Church, it was moved, that the Assembly should be
desired to take notice of some of the infidel writings pub-
lished of late in this nation, and their authors ; and, lest it
should be found difiicult or improper to make it too gene-
ral, it was proposed to confine the inquiry at present to
one, viz., David Hume, Esq., because he had publicly
avowed his writings, at least some of the most offensive of
them, by prefixing his name. This motion was seconded,
and some paragraphs of the Confession of Faith and form
of process were read, asserting the propriety, and appoint-
ing the exercise of discipline in such cases. Next day, in
the committee, a WTitten overture was given in and read,
the substance of Avhich was as follows : — " The General As-
sembly, judging it their duty to do all in their power to
check the growth and progress of infidelity ; and consider-
ino-, that as infidel writings have begun of late years to be
published in this nation, against which they have hitherto
only testified in general, so there is one person, styling him-
self David Hurney Esq., who hath arrived at such a degree
of boldness as publicly to avow himself the author of books
containing the most rude and open attacks upon the glori-

1756.] DEBATE ON Hume's WRITINGS. 87

ous Gospel of Christ, and principles evidently subvei*sive even
of natural religion and the foundations of morality, if not
establishing direct Atheism; therefore the Assembly appoint

the following persons, , as a committee to inquire into

the A\Titings of this author, to call him before them, and
prepare the matter for the next General Assembly."

To this motion a strenuous opposition was made, and
a variety of objections were raised.

1 . It was said, many members had not read the writ-
ings in question, and so could not judge of them.

2. It was often alleged, that it could serve no good
purpose, — that it was not to be imagined that prosecution
or censure would convince him, or make him change his
opinions, in which he seemed to be so firmly rivetted,

3. It was said by some, that it would be a long and dif-
ficult inquiry, and Avould lead to the discussion of many
philosophical opinions ; the meeting was put in mind of the
many long and fierce debates that had l)een in the Chris-
tian Church about fate, free will, &c. ; so that the aifair, if
entered upon, might last many years, and become in a man-
ner the sole business of the Assembly.

4. It was alleged, that the AMntings of Mr Hume con-
tained opinions that every man of common sense detested ;
that they were so gross, and so e\ddently fidse, that they
could not do any harm ; that it would be doing them too
much honour to take such public notice of them.

5. It was alleged, that however wrong his opinions
were, his ^Titings w^ere mostly of an abstract and metaphy-
sical kind, — very little intelligible to the bulk of people ;
and therefore, as little danger could arise fi'om them, so li-
berty of judgment ought to be allowed ; and they were not
proper objects of censure, which ought rather to be applied
to practical errors, and things more immediately criminal.

6. It was alleged, that it would greatly please the man
himself, and promote the sale of his book. Here some
stories were told, how booksellers had artfully solicited the
authoritative condemnation of books in order to get them
off their hands ; and it was represented by some" as very
dangerous thus to spread such writings, and l)ring them in-
to the hands of common or country people, who Avould not
otherwise have looked into them ; and the consequences of
this were painted very strongly.

7. It was insisted on by many, that Mr Hume could

88 ANNALS OF THE ASSEMBLY. [1756.

not be said to be a Christian at all ; that he had openly
and publicly thrown off the profession of it, and therefore
was one of those "who, in Scripture language, are ivithout^
and so not proper objects of Christian discipline.

Some of the supporters of tlie overture observed, in ge-
neral, that several of the arguments used against their pro-
posal contradicted one another, — that whilst some pretend
to foretell, that it would lead the Assembly into so long
and intricate a debate as would be almost endless, others
affirm, that the A^Titings are so gross and evidently false
that they can do little or no harm, — that some say they are
so abstract and metaphysical that they can have little con-
nection with morals, — others, that we ought to beware
of exciting curiosity, and spreading a very dangerous poi-
son,— all of which assertions could not be true, as being
mutually destructive of each other.

More particularly, — to the ^7^st objection it was an-
swered, That it was the weakest imaginable in this case,
since no sentence w as immediately craved, but an inquiry
proposed ; for which purpose a general fama of the pernici-
ous tendency of the writings, and the information of such
members as had read them, was abundantly sufficient.

To the second, That it was a presumptuous limitation
of almighty poAver, to affirm, that any man was incapable
of being reclaimed ; and that discipline, even can-ied to ex-
communication, being one mean appointed in Scripture for
this pm-pose, ought to be tried. Besides, that reclaiming
offenders themselves w^as far from being the only, perhaps
not even the chief, end of the exercise of discipline — which
was, to preserve others from infection, and deter them from
offending.

In answer to the third. It was denied that there could
be any difficulty or intricacy in finding the pernicious ten-
dency of principles levelled against the very foundations of
morality.

To the fourth, which is diametrically opposite to the
former, it was answered, That the grossness and wickedness
of his assertions made it so much the greater scandal, that
such a person should continue to wear the Christian name ;
and that, as human nature is exceeding con-upt, it might
tempt many to think light of the Christian character, when
they saw it prostituted and left open to the possession of
those who were so unworthy of it.

1756.] DEBATE ON IIUME's WRITINGS. 80

To tlie ffth^ That whatever metaphysical turn ]\lr
Hume might have shown in some of his writings, the pas-
Siiges compkiined of were of the plainest as well as the
grossest kind, Tliat liberty of judgment in doubtful mat-
ters was very necessary, in the present state of human na
ture, but it was very strange, that men could not see the
absurdity of supposing, that a good thing cannot be spoiled
by excess, or wrong applied ; that a man may say the most
immoral things, and defend immorality, and if it be only
called an opinion, it must not be considered as a crime.
But Avhy are visible crimes an object of censure or Clmrcli
discipline ? Is it not because they are a proper evidence of
a wicked heart ? And is not an open profession of wicked-
ness of heart also an evidence of it ? Is an act of whore-
dom or of theft censurable in a professed Christian ? — and
is it not censm*able to deride chastity, and refuse its obli-
gation ; and to affirm that all justice is founded on power
and conveniency ? These are not metaphysical or intricate
opinions, but eiTors having the most certain and immediate
influence upon practice. Fonnerly it was thought suffi-
cient to say, that forbearance is to be used in small matters,
])ut that to overthrow the great doctrines of morality, by
Avhich society subsists, demands punishment even by the
civil power, — whereas now we have lived to see the grossest
immorality taught and subscribed, and then defended as
freedom of inquiry. It was also observed, that if people
would reflect upon the nature of Church discipline, it would
appear quite absurd to consider it as any restraint upon
liberty. It is not punishing men in their bodies, not even
hindering them to publish their opinions, but only hinder-
ing them fit)m injuriously possessing that to Avhich they
have no right, viz., the Christian name.

To the sixth objection it was answered, That it was
not certain whether it would give the gentleman mucli plea-
sure, if it should issue in his excommunication, and this
publicly intimated, and his gross assertions narrated as the
cause of it ; and that it w^ould not spread his writings much
among any but those who would be in least danger of in-
fection.

But upon this, and indeed with respect to all the pre-
ceding oljjections, it was insisted by the friends of the over-
ture, that as they could produce not only the Confession of
Faith and Form of Process, but express passages of Scripture,
H 2

do ANNALS OP THE ASSEMBLY. [1756'.

requiring, under strong and awful sanctions, the exercise of
discipline against the maintainers of false and pernicious
opinions, nothing could be more weak than to produce
human conjectures against the expediency of it ; and, as
the meaning or application of those passages had not been
debated by any who had spoke upon the point, they asked,
How, as an ecclesiastical court, the Assembly could excuse
themselves for a direct refusal to comply mth an express
command of Christ ?

To this there w ere two or three replies made. 1 st, It
was said by one, wdth whom indeed it did not appear that
any body concuiTed, that the exercise of discipline in a strict
and \'igorous manner might be a duty when the Church
Avas pure, and offenders fev/ ; but would any man say, that
when the Chm-ch was greatly corrupted, and offenders very
numerous, all Avho deserved censure by the rules of the
Gospel ought to have that censm-e inflicted upon them ? —
that if this Avere the case, it Avould reduce the Church to a
A'ery small nmnber. Some of the supporters of the overtm-e
afiirmed, that they had [folio Aved], and AA^ould folloAv no other
rules of censure, but the rules of the Gospel ; and that hoAv-
ever great a reduction this might cause in the number of the
Church, no greater number had any title to be in it. 2d, It
Avas said, that discipline Avas not of the nature of duties
Avhich Avere ahvays binding, independent of their conse-
quences, but was a duty or not, according to its apparent
expediency. In opposition to this, it was denied that any
such license AAas given in Scripture ; and it AA^as aflBmied,
that, on the contrary, the universal and impartial applica-
tion of it Avas its chief excellence, and did most contnbute
to render it successful. But, Sd, The chief reply to this
requisition was Avhat Ave have mentioned above, as the last
objection against the overture, A-iz., that Mr Hume really is
no Christian, has not so much as the profession of it, and
therefore is to be considered as one that is without, and so
not a subject of Christian discipline.

This Avas the objection most insisted upon ; and, Avith
a discussion of it by mutual interrogations, the debate AA'as
closed, pretty much as folloAvs : — The fi'iends of the OA^er-
ture alloAved, that one AA^ho Avas not m any sense a member
of the Aasible Church, AAas no subject of discipline ; but
they observed, that Avhatever gross crimes Mr Hume had
committed, he had neither been formally excluded by a sen-

1756.] DEBATE ON RUME's WRITINGS. 91

tence, nor had excluded himself by any formal declaration ;
that he had not renounced his baptism ; that he frequently
in his writings ranks himself among professing Christians,
saying, ou7' holy religion^ &c. ; and however plainly these
words are used in a way of contempt and derision, it the
more shows the necessity of a visible separation ; that pro-
fessing Christians did ordinarily hold voluntary unnecessary
communication with him, and even ministers were seen
freely conversing with him, which it is presumed they would
not do if he were formally excluded. It was returned, that
though he had not said in express words that he was no
Christian, he had said it as publicly and as strongly by
other forms of expression ; that he was generally considered
in this light ; and that Chi'istians were supposed to frequent
his company in order to his reformation. The supporters
of the overture then said, if the coui-t would give it as their
judgment that he w^as no Christian, and so no subject of
discipline, and make this any way public, they were satis-
fied. They were then asked, whether they could in reason
demand that such a sentence should be past, w^hen the per-
son had not been before them, nor any regular inquiry into
his crime ? They answered, that they did not demand it,
imd therefore had proposed an inquiry, but had spoke what
is above as the consequence of the reasoning of their adver-
saries ; and retorted the question, how they could so often
use in their reasoning, and apparently form their own upon,
and influence the judgment of others by, an argument
which they refused to assign as the ground of their sen-
tence ? To this it w^as said by one, that he said it not as
his o^^^l opinion, and perhaps had formed no opinion upon
it, but that the overture itself represented J\lr Hume as no
Christian, and so ought not to be transmitted, as proceed-
ing upon a supposition which rendered its o^^^l demand
unnecessary; for whoever is guilty of such things as are
there laid to his charge, certainly is no Christian. It was
then rephed, that it in no other way represented him as no
Christian, than by saying, he deserved to be excluded from
that character, — it complains that he retains the Christian
name, when he had forfeited all right to it ; that, according
to this way of reasoning, no person ever could be censured
or excluded by a sentence, for as soon as he has been guilty
of any thing that .deserves it, he is no Christian, and so
must be left to himself.

92 ANNALS OF THE ASSEMBLY. [1756.

The opposers of the overture moved, that the committee
should come to the following resolution, viz., " That though
all the memhers have a just abhorrence of any principles
tending to infidelity, or to the prejudice of our holy reli-
gion, yet, on account of certain circumstances in this case,
they drop the overture, because it would not, in their judg-
ment, serve the purpose of edification."

The debate lasted for two days ; but though characterised
by Lord Woodhouselee as " very keen," the reporter says
" it was carried on with abundance of decency, Avithout any
violent altercation, or personal reflections." The vote was
at last put. Transmit the overture to the Assem])ly, or Not^
and it passed in the negative; Transmit^ 17, — Not^ 50;
and the above resolution was agreed to.

Notwithstanding of this decision, and that, from motives
of decorum, the name of Lord Karnes had this year been
omitted in the overture, the indefatigable Mr George An-
derson (see under last year, at p. 54,) soon after took the
bold step of raising a complaint, before the Presbytery of
Edinbm'gh, against the printers and publishers of his Lord-
ship's " Essays on Morality and Natural Religion." The
complaint being of a singular nature we insert it entire as
follows : —

" That Mr Robert Fleming hath printed, for Messrs
Alexander Kincaid and Alexander Donaldson, a book en-
titled. Essays on the Principles of Morality and Natural
Religion^ wherein, among other things, the author main-
tains, that God deceives mankind with a fallacious sense of
liberty ; and that because man is not really but delusively
a free agent, he cannot sin against him,

" Though these tenets are inconsistent wdth the princi-
ples of natural religion, morality, and the Christian revela-
tion, nevertheless, the said Alexander Kincaid and Alexan-
der Donaldson did, and do continue to publish and vend
the said book, to the great scandal and offence of all who
believe that God is holy, and that the Gospel is his Word
of Truth.

" The petitioner, therefore, in his own name, and in the
name of all who do or shall adhere, prays, that the
said printer and booksellers may be summoned to the
next meeting of the Presbytery, and there and then to
declare and give up the author of the said book ; and

1756.] CASE OF LORD KAMES* PUBLISHERS. 93

that he and they may be censured according to the
law of the Gospel, and the practice of this and all
other well-governed Churches."

The following are extracts from the answers for Messrs
Fleming, Kincaid, and Donaldson, to Mr Anderson's com-
plaint : —

;> * * u -w^ijen books are published with an intention
to attack either natural or revealed religion, they justly give
disquiet to all well-disposed persons ; but it must be ob^4-
ous to every one who looks into this book, that the sole in-
tent and purview of it was, to improve the sentiments of
natural religion and morality, and to enforce them by such
motives and arguments as appeared to the author to carry
the strongest conviction. It is well kno^^'n that this was
the author's design in the pubhcation ; and that he had it
particularly in view, to refute certain sceptical opinions,
which appeared to lum prejudicial to the cause of natural
religion and virtue. AVhen such is the professed and only
intent of a book, it deserves a fair construction. The minds
of men are so formed, that in all philosophical disquisitions,
especially those of the nicest kind, it will often happen,
that those who have the same common end in >'iew, will
differ upon the reasonings and deductions that lead to it.
To some, one argument will appear more strong and for-
cible ; to others, another ; and it will also sometimes hap-
pen, that a chain of reasoning which appears to one very
strong for demonstrating the soundest principles, may ap-
pear to another to have an erroneous tendency in other re-
spects, which is not perceived by the author, other\>'ise he
would most heartily disclaim it.

" It must be very apparent to the Reverend Presbytery,
that nothing can be more imfair, than to impute to an author,
who is investigating truth by such deductions as appear to
him most probable, consequences arising from his arguments
which he himself entirely disclaims. If this is allowed, the
liberty of reasoning, and all the valuable consequences re-
sulting from it, are at an end ; — and this is truly the only
pretence or handle for the present complaint. The corn-
plainer imagines, that he has discovered certain passages in
the book that represent the Creator in a disrespectful view,
or deny the possibility of sin in man. Nothing can be

94 ANNALS OF THE ASSEMBLY. [1750.

more manifest than that the general tendency of the book
is directly opposite to these inferences. It is plain, that
the anxious aim of the author, throughout the whole, is
to demonstrate the existence and ever-adorable perfections
of the Deity, and to inculcate the love of virtue, and re-
gard to the authority of conscience, — the law written in
our hearts, AAhereby all sinful and corrupt affections may
be destroyed."

[For proof that such is the author s aim, several passages
of the book are quoted.]]

" The respondents aaiII not trouble the Reverend Pres-
bytery with entering into a detail of the several passages
referred to in the paper subjoined to the complaint. Tliere
are few books written upon subjects of this kind, but it is
very possible, by culling out broken sentences from the
midst of paragraphs, and drawing remote inferences from
them, to make the author appear to maintain opinions that
never entered into his thought. Such are the arts that
have been used in this case : and the respondents do not
know whether even the complainer's ovra. writings would
be able to stand an inquisition of this kind. Whatever
good intention he may have had in publishing his thoughts
on these matters to the world, yet it is not easy to guard
every expression with so much caution that inferences may
not be drawn which may be liable to objection. If this
should happen to be the case, the complainer would think
it hard usage, if either he himself, or his printers or book-
sellers, Avere brought to the bar of an ecclesiastical court as
criminals, upon a charge founded on no better gi-ound than
critical wire-drawn inferences from detached sentences in
his AATitings.

" It is evident this is not a fair way of treating any au-
thor, to fix upon him, by remote inferences, opinions con-
trary to his declared sentiments in other parts of the book.
The respondents believe, that many of the passages against
which the complainer most loudly exclaims, are to be met
with in the writings of the most orthodox divines, who
are justly held in veneration by this and other reformed
Churches. This is what will be much better known to the
Reverend Presbytery than to the respondents, who do not
pretend to be much versant in the many learned books that
have been A\Tote upon those subjects ; but, Av^thout enter-
ing into such disquisition, they are advised, that there is no

1756.] CASE OF LORD KAMEs' PUBLISHERS. 95

colour for prosecuting an author, still less a printer or book-
seller, upon such pretences as are suggested in this case.

" If it were not lawful for a bookseller to admit into his
shop, or dispose of any book, until he had examined it ac-
cording to the strict rules of orthodoxy, and found that
there was not a sentence in it that could not be supported
by the concurring sentiments of some approven author, it is
plain this would be equal to an injunction to every book-
seller to shut up shop. It is an inquiry he is neither in
capacity nor by any means bound to make. * "^ *

" It is involved in the constitution of every country that
is so happy as to be possessed of its liberty, that freedom
of inquiry and reasoning is allowed, and subject to no pu-
nishment when it is carried on vdih decency. Were such
complaints as this to take place, no man could safely print
or sell a book upon any religious subject, as he would be
liable to stand a trial on every unguarded word that could
be possibly misconstructed to an erroneous meaning. So
every disquisition and inquiry into matters of this kind
would be excluded, until licensed by persons authorised for
that purpose. And upon the same gi-ound, all reasonings
concerning the administration of aftairs that relate to the
interest of the country, would also be excluded until au-
thorised by the civil powers. So an imiversal restraint
Avould be laid upon the liberty of the press, in the only
])oints where it is of importance to be free, — than which
there cannot be a surer badge of approaching slavery in
any country.

" Such restraints have not been known in this island
since the time of the Revolution. The spirit of liberty
Avhich then shone forth, and still continues, absolutely ex-
cludes it. Books are published every day relating to pub-
lic affairs, without censure or punishment, even where
decency is not strictly observed. . And in matters of specu-
lation, it is still more necessary the freedom of inquiry
should be allowed, as it is the only means for investigating
truth and correcting errors. It is the means by which this
island, and many other nations, were happily rescued from
the tyranny that formerly predomined, and wherebv even
the minds of men were enslaved ; and therefore, in all Pro-
testant countries this liberty has been considered as the
most valuable preservative and security against such slavery
for the future. There is no reason to apprehend it will

96 ANNALS OF THE ASSEMBLY. Ql756.

give rise to the growth of error ; for when liberty of reason-
ing is allowed on all sides, it is not to be doubted that
truth, by its own intrinsic energy and force, will still pre-
vail.

" It was upon these principles, that when a motion was
made in the committee of overtures named by the General
Assembly of this Church in May last, to make an inquiry
into some other writings, which Avere thought to be excep-
tionable, it was rejected by a great majority ; and the most
zealous members declared their opinion, that there was no
place for any such inquiry as to the book in question.

" It cannot make any difference, that the complainer has
now thought fit to subscribe and give in a complaint to the
Presb}i:ery. It is not in the power of a private party, in
any well-governed coimtry, to force a prosecution on pre-
tence of a public offence, in any case where it appears to
be inexpedient and improper. In the ordinary criminal
courts, this is sufficiently guarded against by the privilege
of the lawyers entrusted by the crown, or the procurator-
fiscals of the court, whose concmTence is requisite in all
those processes, and who daily reject them, when they are
attempted without sufficient cause. In ecclesiastical coui'ts
there is no such office ; but then the court itself is in that
respect guardian of the quiet and tranquillity of the lieges,
and entitled to prevent its being disturbed, either by the
violence, malice, or other sinister view or misapprehension
of any private complainer, when they see, from the circum-
stances of the case, that it camiot answer any good pur-
pose, but quite the contrary. It is not doubted but the
Reverend Presbytery will be of the same opinion with the
committee of the Venerable Assembly upon this point, and
will dismiss this groundless and unprecedented complaint."

These answers were signed by Messrs James Ferguson
and John DalrjTuple, advocates. They were given in to
the Presbytery in the end of November. Time was given
to the complainer to reply ; which probably he would have
done, but he died* before the next Presbytery meeting.
At this meeting, (December 20,) the respondents' counsel,
waiving any defence that might be pleaded from the want
of a prosecutor, of their own accord consented that the

* Mr Anderson died on the 19th December, in his eightieth year.

1756.] CASE OF LORD KAMES' PUBLISHERS. 97

Presbytery should give judgment upon the merits of the
case.

On the 26th of January the Presbytery resumed the con-
sideration of the complaint. Mr John Dalryraple, one of
the counsel for the defendants, gave into court a printed pam-
phlet, entitled, Objections against the Essays on Morality
and Natural Religion E.vamined^ copies of which had been
sent to the members of Presbytery some weeks before, im-
mediately on its pubHcation, — and desired the court to con-
sider it as a further defence ; being authorised to assure
them that it was \\Titten by the author of the book libel-
led.* In reasoning upon the aflPair, the members w^ere of
different opinions. Some judged the answers to the charge
sufficiently satisfactory to waiTant the Presbytery's dismiss-
ing the process, and overtured that they should come to
the foUo^^^ng resolution or sentence : — " That though there
are some very imguarded expressions in the book, and
some passages which cannot be justified, and may have a
bad tendency, which may have given offence to many sin-
cere good people, and have been the foundation of this pro-
cess ; yet, as it appears that the author, in several parts of
the book, has declared his regard to the principles of reli-
gion, and that in the foresaid pamphlet, which they were
assured was wrote by the author, he has disavowed and dis-
claimed all those bad consequences which were apprehended
arose from the reasonings in the book; that upon all these con-
siderations, and to prevent their entering further into so ab-
struse and metaphysical a dispute, they judge, upon the whole,
that it is more for the purposes of edification to dismiss this
process." But others being of opinion, that the answers
were not satisfactory as to several parts of the charge ; par-
ticularly, that though the author says, that virtue has other
foundations independent of delusive feelings, yet to them
he seemed to rest virtue, in so far as it implies or stands
connected vdih. moral obligation, accountable7iess, merits
reward, &c., wholly upon these feelings, — Essays, pp. 199,
205, 206, &c. ; and therefore they proposed, " That a com-
mittee should be appointed to compare the book libelled

* The substance of this pamphlet was afterwards engrossed by
the author in the third -edition of his Essays on Morality ; and Dr
Hugh Blair was supposed to have aided in its composition, as well
as in the '♦ Observations on the Analysis," &c., noticed last year
— See Woodhouselees Life of Karnes.

98 ANNALS OF THE ASSEMBLY. Q756.

with the charge, and the aforesaid pamphlet, and bring in
an overtui-e upon the whole to the next meeting of Presby-
tery." A vote was then stated, Approve of the above over-
ture/or dismissing the p7'ocess, or, Appoint a committee ?
It carried Approve ; and the Presbytery accordingly dis-
missed the process. Two ministers dissented.*

November Commission.

The Commission met November 17. Next day, a mo-
tion was made to address the King on the situation of affairs
since the declaration of ivar against France ; which was
unanimously agreed to ; and the Moderator, Messrs Alex-
ander Carlyle, John Home, Professor Hamilton, Robert
Wallace, John Hyndman, William Robertson, and Alexan-
der Maclaggan, ministers ; and Lord Somerville, Lord Ad-
vocate, Mr SoHcitor, Mr Wedderburn, Mr Smnton, BaiUie

* We subjoin the following remarks, by Sir Henry Moncreiff,
in his Life of Erskine, (p. 207,) though it will be seen that the
reverend baronet was in error when he stated that Lord Karnes
was Ai7«se/^ prosecuted before the Presbytery : — '* Lord Karnes, who
was not more distinguished as a lawyer or a judge, than as a philo-
sopher, had already published his Essays ' On the the Principles of
Morality and Religion ; ' in which he had also discussed the ques-
tion relating to the liberty or necessity of human actions, — and, in
terms as unqualified as those which Mr (Jonathan) Edwards em-
ployed, asserted the doctrine of necessity. By a letter to Dr
Erskine, of December 11, 1755, Mr Edwards acknowledges that
he had received from him a copy of Lord Kames' Essays; and tells
him, that he had before had an opportunity of reading this book,
as well as Mr Hume's Essay on the same subject. When Lord
Kames published his Essays, they excited a great clamour against
him in Scotland, on the supposition that he had published doctrines
subversive of the fundamental principles of Christianity ; and such
was the impression which this assertion made on the public mind,
that a preacher, of the name of Anderson, actually commenced a
prosecution against him, as an elder of the Church, before the Pres-
bytery of Edinburgh • affirming, that, in the doctrine of necessity
which he maintained, there were not only heretical opinions, which,
as an elder of the Church, he could not lawfully circulate, but
principles subversive of all religious and moral obligation. This
prosecution gave his Lordship considerable uneasiness. He was
much better acquainted with the speculations of philosophers than
with theological controversies ; and knew better how to defend

1756.] ADDRESS ON THE FRENCH WAR. 99

Rochead, Sir John Stewart, and the Procurator, ruling
elders, — were named a committee to draw it up. The
committee presented the draft in the afternoon of the same
day. Some amendments were made to it ; then it was ap-
proved of and signed ; and the Moderator was ordered to
transmit it to the Lord Cathcart, and signify the desire of
the Commission, that his Lordship would do them the ho-
nour to present it to his Majesty. The Address here fol-
lows : —

" Most Gracious Sovereign,

" Your Majesty's most fliithful subjects, the ministers
and elders of the Church of Scotland, met in the Commis-
sion of the General Assembly, deeply affected with the
great and unexpected calamities of their country, think
themselves called upon, by the late extraordinary events, to
testify their anxious concerns for the public welfare, and to
renew their ancient and most sincere professions of indis-

among philosophers a speculative dogma, than how to protect him-
self in the Church against a charge of heresy, Dr Wallace, the
celebrated author of the dissertation ' On the Numbers of Mankind,
and the Populousness of Ancient Nations,' informed him of what
he seems not to have known before, — and he received his informa-
tion with much eagerness and gratitude, — the doctrine of necessity
had been maintained by the greatest and soundest divines of the
Christian Church ; referring him particularly to St Augustine, Cal-
vin, Turretine, Pictet, &c. His Lordship afterwards published a
pamphlet in defence of his Essays, in which he availed himself of
the doctrine asserted by these divines ; and, above all, of Mr Ed-
wards' book, which he celebrates with unreserved praise, as equally
honourable to his talents and to his orthodoxy. He took some
pains to distinguish between the doctrine maintained by himself,
and the fate asserted by the Stoics, on the one hand, and the liberty
of indiflference contended for by the Arminians, on the other. The
substance of this publication was afterwards printed in an appen-
dix to the last edition of his Essays, published by the author in
1779. Dr Erskine had sent the first edition of Lord Kames' Essays
to Mr Edwards ; and in return, Mr Edwards addressed a letter to
him, of the 5th of July 1757, which was first printed separately,
as he intended, and was afterwards subjoined to the Edinburgh
edition of bis book on the Freedom of the Will, in 1 768, under the
title of a ' Letter from Mr Edwards to a Minister of the Church of
Scotland.' In this letter, he attempts to state what he conceived
to be the difierence between his own doctrine, and the principles
maintained by Lord Kames ; and represents it as of so much im-
portance, as to lead to very opposite conclusions. On the other

5 00 ANNALS Of THE ASSEMBLY. [1756.

soluble attachment to your Majesty's person, family, and
government.

" We are unwilling to enumerate the well-known losses,
or to amplify the disgraces suffered by the British nation^
convinced as we are, that so good a king, and so brave a
prince, must be sensibly touched with events so fatal to the
interest of his kingdoms, and the reputation of his people ;
calamities which (though justly merited by a sinful nation)
do not seem to have been brought upon this land by any
signal efforts of the wisdom or courage of our enemies.

" From youi- INIajesty's wisdom, and attention to the pro-
sperity of your kingdoms, we may justly expect the appli-
cation of every remedy to the present evils ; and whatever
measm-e the wisdom of this nation shall adopt for the pub-
lic defence, we can venture to assure your Majesty, that the
members of this Estabhshed Church, who make so great a
majority of the people of Scotland, are full of loyalty and
zeal, and possessed of such dispositions as entitle them to

hand, Lord Kames was as much distinguished by the fairness as by
the ingenuity of his speculations. Though in philosophy he often
formed his judgment hastily, and of course fell into many mistakes,
he has publicly retracted a greater number of errors, into which he
had been unwarily betrayed, than almost any other writer of cele-
brity who can be mentioned. He was apt to seize a sudden thought,
and pursue it with avidity, without having sufficiently considered
or examined it ; and, of consequence, in many instances without
having perceived a fallacy, which he found afterwards to be in-
volved in it. It appears to have frequently happened, that the
prosecution of other subjects, or his conversation with other men,
assisted him to detect the errors which he had thus hastily adopted,
and to appreciate the circumstances which had, in the first instance,
contributed to mislead his judgment. But, what is equally to his
credit, as an author and as a man, as soon as he thought he per-
ceived that he had published a false or an incorrect opinion, he did
not hesitate to say so, if an opportunity was given him. This
is not a very common practice among philosophers; and, though
some of his readers may think that there are articles in his original
productions left untouched, which, on the same principle, might
have required a revisal, this cannot appear surprising to those who
recollect the number and extent of his publications, and the late
period of life at which he continued to write. In the Preface to
the edition of his Essays, which was published in 1779, he has
publicly retracted a great proportion of the doctrines on liberty and
necessity, which had been objected to by Mr Edwards." See a
letter to Lord Kames, from Dr John Macfarlan of the Canongate,
in Woodhouselee's Life of Kames, Appendix to Vol. i., No. 4.

1756.] ADDRESS ON THE FRENCH WAR. 101

your Majesty's confidence, and render them fit for the ser-
vice of their country,

"• In a zeal for religion and liberty, in a grateful attacli-
ment to your Majesty's person and family, and a just indig-
nation at the triumphs of our enemies, your Majesty's
subjects of this National Church yield to none ; and, con-
scious of such dispositions, believe that their gracious prince
will honour with trust their ardent zeal, that the inhabi-
tants of the united kingdoms may give the noblest demon
strations of loyalty to their king, and love of their country.

*' That mutual love and confidence may still subsist be-
tween your Majesty and your subjects, — that the Lord of
hosts may bless your fleets and armies w^th success, — and
that a race of kings of your royal line, lovers of religion,
liberty, and their country, may ahvays sway the sceptre of
these lands, is the earnest prayer of," &c.

Nov. 18, 1756 "Pat. Cuming, Modr"

[]This address was of a very different character from those
usually presented to royalty. It ascribes, without much
ambiguity, the reverses the country had sustained to the
mismanagement of Government ; and hence, it proved so
unpalatable at head quarters, that it was excluded from the
London Gazette. The state of things it bewails was soon,
by God's blessing, altered, through the genius of the immor-
tal Chatham.]

The Commission appointed the Presbytery of Dumblane
to proceed, without delay, to the trial and settlement of Mr
John Robertson, probationer, his Majesty's presentee, as
minister of Dumblane. They also sustained a presentation
and call to Mr John Douglas, minister of Kenmure, to be
minister of Jedburgh ; appointing the Presbytery of Jed-
burgh to proceed in a process for his transportation fi'oni
Kenmure and settlement at Jedburgh, vAih. all convenient
speed. The procurator for the opposition, protested for
liberty to complain of the Commission's sentence to the en-
suing Assembly.

Assembly 175'

The General Assembly met at Edinburgh on Thursday,
I 2

102 ANNALS OF THE ASSEMBLY. [1757.

May 19. Charles Lord Cathcart was his Majesty's Com-
missioner ; and Mr William Leechman, Professor of Divi-
nity in the University of Glasgow, was chosen Moderator.*
On the 21st, a report by the committee for re\asing com-
missions to members of Assemhly^ was transmitted by the
committee for overtures, bearing, 1*^, That the commission
from the city of Glasgow was dated the 12th of April, and
so three days wdthin the time Umited by act of Assembly.
2c?, That the commissions from the Presbyteries of Earl^
ston, Linlithgowy and Dunbar, wanted the clause, bearing
that the elders were qualified according to the act 1722. t
3c?, That the commissions from the Presbyteries of Stran-
raer, Mully and Dunkeld, bore in general, that the com-
missioners w^ere every other way qualified according to the
acts of Assembly, but did not bear that the elders were
quahfied according to the act 1722. And the committee
of overtures reported their opinion, that the objection to
the commission from Glasgow should be passed from, in
regard its being within the forty days was owing to a mis-
take, as if the Assembly had been to meet on the 26*th in-
stead of the 19th; and the second and third remarks, relat-
ing to the commissions from the six Presbyteries, they trans-
mitted simpliciter. After long reasoning in the Assembly,
some moved to receive the commissions, not\^'ithstanding
the informalities ; others opposed this. At last two ques-
tions were put, viz., 1*^, Receive the first of these commis-
sions, [[that from Glasgow,] or Not ? and, 2d, Receive the
other commissions, or Not ? Both carried in the affirma-
tive ; the first. Receive, 88, — Not, ^l ; and the second.
Receive, 70, — Not, 55. Seven ministers dissented, and an
eighth, Mr Archibald Walker, adhered on the 25th. The

* The famous Whitefield was present at this Assembly, and at-
tended every diet. On Saturday the 28th, he dined, by invitation,
with the Commissioner, (though not at the same table,) and said
grace after dinner.

t By act 9, Ass. 1722, " The Assembly earnestly beseech, ex-
hort, and require, elders and deacons to be faithful in the discharge
of their respective offices, tender and circumspect in their v/alk,
and punctual in their attending upon ordinances, — and strict in
their observation of the Lord's Day, and in regularly keeping up
the worship of God in their families: and appoint the judicatures
of the Church to take good heed, that none be admitted to, or con-
tinued in, these offices, but such as are found qualified, and do be-
have themselves as above required."

1757.] QUALIFICATION OF ELDERS. 103

reasons were given in by Mr Witherspoon on the 28 th, and
were read, and ordered to lie in retentis. They are as fol-
lows : — ^

REASONS of DISSENT from a vote of the Gene-
ral Assembly of the Church of Scotlatid, of May 21,
1757, receiving the Commissions of several Elders not
attested in terms of act 9, Ass. 1722.

"We are sensible, that there may be many decisions
against which it would be imnecessary, nay, indecent, for a
minority to dissent ; but we judge the above sentence of
such dangerous tendency, that we are bound to testify our
disapprobation of it, in as strong and public a manner as
good order, and the respect we owe to this venerable court,
do permit. On this account we entered our dissent ; and,
in support of it, we now offer the following reasons : —

1. This sentence appears to us a manifest violation of
a standing law, by which, until formally repealed, our or-
dination vows bind us to conduct ourselves. Our commis-
sions from our constituents empower us, in all causes that
come before us, to determine according to the constitution
of the Church of Scotland ; but vest us vnth. no power of
determining in a manner contrary to that constitution. It
is the glory of our Church, that she hath noble and excel-
lent laws to direct every part of her discipline ; laws which,
without the consent of a majority of Presbyteries, even a
General Assembly hath no right to abrogate. But claims
of dispensing power will as effectually invalidate laws, as
even a formal repeal of them. It is the very essence and
security of a free constitution, that there, not men, not
judges, but laws, bear rule. When laws are suspended,
dispensed with, or set aside, by the decisions of any execu-
tive court, that security ceases, and despotism prevails.

2. This vote opens the way to other and greater breaches
of our constitution. No laws can be better guarded than
those now set aside ; and therefore we may fear, that others
may, in like manner, be turned out of doors, if a majority
of men, who find them unfavourable to their cause, should
get into the Assembly. The distinction used on this occa-
sion, between sustaining the commissions in question, which
it was yielded could not be done, and receiving the gentle-

104 ANNALS OF THE ASSEMBLY. [^1757.

men who bore them as members, which actually was done,
exposes rather than vindicates the sentence, as it proves it
a violation of a law acknowledged to be in force. Any
person, on this principle, may be introduced into the
Assembly; though he has no title, the court can receive.
him !

3. The sentence dissented from, was not a strained in-
terpretation, or temporary suspension of a statute in a pri-
vate cause, but a breach of it in the constitution of that
court which has the decision in the last resort of all other
causes, — and a great share, too, of legislative power. No
class of laws are more justly accounted barrier-acts, and
ought to be more sacredly preserved from contempt or vio-
lation, than such as these. A power to dispense with law
in other instances, w ill not infer it in this ; because, if a
court is limited in any respect, it must be limited by those
laws which regard the admission of its members. While
such laws stand in force, no person whose commission is not
agreeable to them, has a right to sit in a court. The giv-
ing, therefore, a seat in this Venerable Assembly to men
who have no legal title to it, appears to us as great a stretch
of power, as it would be to exclude one whose title was
clear and uncontested. Other laws, by distance of time,
may lose some of their force ; but the laws in question are
annually applied, and therefore may be justly considered
as annually renewed.

4. Of all the laws regarding the election and qualifica-
tion of members of Assembly, few or none are more im-
portant than those now in question. They require elders
to be faithful in the discharge of their office^ tender and
circumspect in their walk^ punctual in their attending on
ordinances^ strict in their observation of the Lord^s Day,
and regular in keeping up the ivorship of God in their

families. To secure the choice of men thus qualified, com
missioners fi'om royal burghs must be first attested by Kirk-
Sessions, as best acquainted with them, and least capable
of being imposed upon ; next, ih.ej^ as well as the Presby-
tery's own representatives, must be attested by the Presby-
tery itself; and, lastly, a committee of Assembly is appointed
to canvass all, that so no man of doubtful character may be
admitted to sit in this court. The stress laid in Scripture
upon the positive religious character of Church officers,
sufficiently wan-ants all this. In the office of deacons, an

1757.] QUALIFICATION OF ELDERS. 105

office inferior to that of elders, the Scripture insists, that
they should hold the mystery of faith in a pure conscience,
and first be proved ; and being found blameless, admitted
to that office. Whoever are not attested in terms of act 9,
Assembly 1722, for any thing legally kno^^Ti, may be per-
sons of riotous and disorderly lives, despisers of divine or-
dinances, and unwilling, afraid, or ashamed, to worship God
in their famihes ; and shall a door be opened to admit such
to bear rule in the Church ? Can the interest of religion
receive a severer stroke ? The man who is void of true
piety, is but poorly qualified to be a civil judge ; but here
the danger is vastly greater. Civil laws may be thoroughly
understood by a wicked man ; and if he is possessed of a
just and sound judgment, he may see it for his interest, at
least in general, to act uprightly ; but the laws of our Re-
deemer's spiritual kingdom, his enemies, as they do not love,
so they cannot understand. Such may be expected to turn
the edge of discipline the wrong way, — to inflict the cen-
sures of Christ's Church, not upon those who despise his
laws, but on those who obey them, — and in all struggles
between the interest of religion and that of profanity, to
add strength to the last. Would they not give their votes
and influence for filling vacancies with useless ministers ?
would they not discourage all attempts for censuring im-
morality, and exercising discipline upon ministers or others,
who live unsuitably to their profession ? and would not di-
versions of the most ensnaring tendency, find in them
assured patrons and zealous supporters ? We charitably hope,
that no member of the Assembly who gave his vote for
receiving the unattested commissions, had this view of the
matter ; and no such thing may have hitherto happened, —
yet, as it is evidently possible, we trust we will be forgiven
for expressing our fears, lest, in any future period, some
such event should take place.

5. Such a decision is pecuUarly unseasonable at this
time, when the decay of religion is so great and visible. Is
it possible to conceal or dissemble the great progress of im-
piety and irreligion in Scotland these last thirty years, the
remarkable desertion of the house and ordinances of God,
and neglect of family religion, especially among those of
higher rank ? Is not the Lord's Day openly profaned, by
unnecessary travelling, idle visits, and ill-timed amuse-
ments ? And is this a season to make the world imagine,

106 ANNALS OP THE ASSEMBLY. [1757.

from our conduct, that neglect of the worship of God is a
light crime, no way inconsistent with a religious character ?
If Presbyteries cannot find gentlemen whose characters
they can safely attest, shall the Assembly but seem to giye
any sanction to this depravation of manners, and thereby
contribute to accelerate that corruption Avhich is evidently
ruining us, both as a Church and as a nation.

6. We apprehend, that by this vote the Assembly have
acted as much against the spirit of the law, as against the
form. With respect to several of the commissions received,
it was not so much as pretended, that the defect was 0A\ang
to mistake or forgetfulness. Why then did not the Presby-
teries attest the commissions of these elders ? Was it from
aversion, or want of respect ? Their honouring them with
their choice is a demonstration of the contrary. Was it
from ignorance of, or inattention to, the necessary forms ?
The printed form which Presbyteries have before them in
attesting commissions, makes this highly improbable. Had
not the Assembly, then, just ground to suspect, that they
were receiving members, not only in the eye of the law, but
in fact and reality, unqualified ; and that the Presbyteries,
however Avilling, did not, because they could not, attest
them ?

If it be said, that the gentlemen attested are good men,
but restrained by modesty from worshipping God in their
families, — we admit, that, in some few instances, a wise
and good man may want courage to pray before others, but
the elders of our Church do not seem deficient in speaking
with all becoming boldness before numerous and venerable
courts, where one would think modesty would operate as
strongly as in their own houses. Besides, the station of
some of them enables them to keep chaplains, as their fa-
thers did. After all, truly religious and modest men should
rather decline being members of Assembly at the expense
of setting aside a rule so important, than, by claiming a
seat in this venerable court, inti'oduce such as want other
appearances of religion as well as family worship, — for let
it be observed, that family worship is not the only religious
qualification which Presbyteries are sti-aitened to attest;
and therefore, the argument of modesty, however much re-
gard we pay to it, is far from being conclusive.

7. We think we have the greater reason to complain
of such a decision, as it seems to be the conclusion of a gra-

1757.] QUALIFICATION OP ELDERS. 107

dual progress that has heen made by different Assemblies
in this matter. It was alleged in the reasoning, that the
Church was resolved to suffer this rule to go into desue-
tude ; and in fact we find, that though, no longer ago than
Assembly 1744, all informal commissions were rejected,
and a special act made to prevent the like for the future,
yet since that time several have been received. In 1753
informalities were overlooked, — but it was declared it should
not be a precedent ; but now commissions wanting the attes-
tation in terms of act 1722, are received without any such
proviso. A period, therefore, seems to be put to all ques-
tions upon this subject, and a new phrase introduced, of
not sustaining the commissions, but receiving the members
that bear them. An end is put to the use of the commit-
tee for revising commissions, and a door opened for filling
the Assembly yviih men of the most exceptionable charac-
ters.

8. This decision, in itself so contradictory to order,
must naturally be productive of the greatest confusion ; for
as the commissions of all members bear, that they are to
consult, vote, and determine according to the acts and con-
stitutions of this Church, as they will be answerable, what
if Presbyteries should call their members to account for thus
voting directly in the face of a standing law ? What more
plausible accusation could they found upon that clause of
the commission ? — and yet what confusion must be occa-
sioned, if in different processes any General Assembly should
be called to determine the legality of votes in that which
preceded it ?

9. As our public acts and constitutions have the sanc-
tion of the civil law, and as many of the decisions of the
supreme court have an effect on civil property, such a dis-
pensing power assumed in making up the court itself, may
provoke parties who suppose themselves aggrieved by the
determination of any question, to protest that the court has
been illegally constituted, and therefore the whole proceed-
ings absolutely void and null. Thus they may refuse to
obtemper sentences, till the civil courts shall again decide
and confirm them. Many less plausible pleas have occa-
sioned processes carried even to the Court of Parliament ;
and, as we have often to do with bodies of men, in the
settlement of parishes, if they should learn this way of
bringing on a ncAv trial, or at least expressing their resent-

108 ANNALS OF THE ASSEMBLY. [1757-

ment by protracting the execution, how troublesome and
how unhappy would be the consequences !

Jo. WiTHERSPOON, [of Bcith.]

Tho. Walker, \j)i Dundonald.]
Arch. Walker, [of Temple.]
Thomas Randall, [of Inchture.]
John Erskine, [of Culross.]
Geo. Dickson, |^of Bedrule.]
Dav. Blair, [of Brechin.]
Ja. Walker, [of Leuchars.]

Another report of the committee for revising commis-
sions was transmitted on the 26th, bearing, that the com-
mission from the Presbytery of Langholm was dated the
10th day of May, and so was thirty-two days within the
time limited ; that the commission from the burgh of Dun-
bar was dated the 29th of April, and so was twenty days
within the time limited ; and that the commission from the
burgh of Stirling was dated the 5tli of March, and so was
three days without the time limited. The committee for
overtures gave their opinion, that these commissions should
be received, notwithstanding the informalities ; and they
were received accordingly.

The Assembly, on the 26th, nominated Dr Cuming, Pro-
fessor Hamilton, Messrs Glen, Mackie, Watson, Nasmith,
Plenderleith, Hyndman, Wishart, Webster, Dick, and Wil-
liam Robertson, ministers, — and the Lords Bankton, She-
walton, Coalston, Justice-Clerk, Edgefield, Advocate, and
Prestongrange, Mr Solicitor, and Messrs William Law and
John Swinton, ruling elders, a committee to consider the
laws relating to the election and qualifications of members
of Assembly ; and from those laws to frame one act, by
which the form of commissions to members of Assembly,
and of attestations of commissiotis^ shall be fixed with such
preciseness, and such penalties annexed to every departure
from those forms, as may remove ambiguity, and prevent as
much as possible, for the future, disputes upon such com-
missions and attestations ; and to report their draft of the
act to the Commission in November, that they may further
prepare it for the next Assembly.

A petition of the elders, and several heads of families,
communicants, of the Lowland congregation of Campbel-
ton^ and of the parish of Southend, complaining of two acts

1757.] SACRAMENTS IN ARGYLESIIIRE. 109

of the Synod of Argyle, in August 1754 and August 1755,
was taken into consideration on the 23d. By the first of
these acts the Synod ordained, " That the use of sermons
on the Saturdaif before, and Monday after, dispensing the
Sacrament of thn Lord's Supper^ be discontinued in all
time coming ; and that there be no sermons preached on
those occasions, but on the Sabbath-day, and on the Thurs-
day immediately preceding, which is to be observed as a
day of fasting and preparation." And by the second, the
Synod recommended to Presbyteries, " to be at due pains to
have the Sacrament of the Lord's Supper celebrated once
a-year in their bounds, according to the method prescribed
in the former act ; and that they proceed against those who,
after admonition, continue refractory, or follow divisive
courses, according to the rules of the Church." The peti-
tioners represented, that these acts gave great offence to
many serious and well-disposed Christians, and appeared to
them to give a deep wound to the interest of religion in
those parts. The Synod, on the other hand, represented,
that the Lord's Supper was treated, in many of their pa-
rishes, with a neglect hurtful in itself, and that could hardly
miss to tempt the less discerning people to think, that the
obligation of it did not reach all the professors of our holy
religion ; and that the Synod had it gi'eatly at heart to have
that sacrament more frequently administered, but two great
difficulties stood in the way, — the extent and discontinuity
of their parishes, and the number of sermons usual on com-
munion occasions, of which they gave the following ac-
count : —

" The bounds of our Synod take in the shires of Argyle
and Bute. In this district there are above twenty inhabited
islands ; of which eleven are large and popidous, and most
of them divided, not only from the continent, but likewise
from one another, by broad and dangerous ferries ; so that
the assistance required, when the sacrament is given in any
of them, is alwaj^s ill to be got, and often very uncertain.
And even on the continent, it is no easy matter to bring a
sufficient number of assistants together, as most of our pa-
rishes are separated from those next them, either by rough
and high moors, cut every here and there with rapid waters,
or by arms of the sea, that run up far into our waste, and
in many places impassable, mountains. To secure the best
we could against the disappointments that attend these in-

K

110 ANNALS OF THE ASSEMBLY. [1757.

conveniences of our situations, we were oLIiged to crowd
our communion-work into the summer season. Though
we were sensible this greatly increased the hurry of it, and
straitened the brethren employed in it, by calling them often
from home, and to places at a gi-eat distance, and that
within the compass of two or three months ; yet, with all
this precaution, instances can be given of ministers brought
to an untimely death, or greatly broken in their health, by
their private labour in preaching, or in visiting and catechis-
ing their vdde charges, previously to the communion-days,
and by being disappointed then of the assistance they ex-
pected.

'"• The number of sermons with us on such occasions is
greatly increased, from reasons peculiar to the Highlands.
In many parishes there are some w^ho do not understand
the common language of the country. For the sake of
such, and to give the English language the quicker pro-
gress over all our bounds, we think it our duty to carry on
this service in both these languages. And then, as most of
our pastoral charges have two or three stated places of
worship, our principal churches are every where too small,
even for the congregations that belong to them, when ga-
thered together, and much more so for the crowds that
come from neighbouring parishes on those occasions ; and
thus, as the service within the church, though begun on
the Sabbath mornings at nine, continues often -v^^thout any
recess till eight or nine in the evening ; so all this time,
after an action-sermon at the tent without, the brethren
succeed one another, to prevent as much as they can the
people from wearpng, or running into idle amusements.
And here it may be proper to observe a circumstance that
straitened us still more : the district in which we labour,
though very extensive and discontiguous, is di\aded only
into two-and-forty pastoral charges ; and they never are at
any one time all planted ; so, what by vacancies, and what
by the infirmities of elder brethren, and the occasional sick-
ness of others, the work to which we are called, lies on the
hands of thirty ministers, one year with another." It was
added, that the method prescribed by the acts complained
of, is agreeable to the ancient practice and the standing
laws of the Church.

Two lavryers (Messrs Williamson and Maclaurin) were
heard for the petitioners, and several ministers for the Sy-

1757.] FELLOWSHIP-MEETINGS. Ill

nod ; and after long reasoning, the Assembly unanimously
approved of discontinuing the sermons ; but a question was
put, Whether to athrm the clause which enforces the act
by a sanction ? and carried, by a majority, Not ; " and
therefore the Assembly, considering the particular circum-
stances of that country, do unanimously approve of the con-
duct of the S>Tio^ of Argyle, so far as they discontinue the
sermons on Saturday and JMonday, in order to have the
Lord's Supper more frequently and decently administered
within their bounds ; but do not affirm that part of their
act, enforcing the same by a sanction : and the Assembly
recommends to all concerned to study peace and harmony,
and to the people in the bounds of the said Synod, to give
regular attendance on ordinances dispensed by their minis-
ters."

A case somewhat similar came before the Assembly on
the 28 th, by an appeal taken by the elders and communi-
cants in the bounds of the Presbytery of Dornoch^ from a
sentence of the SjTiod of Sutherland and Caithness, pro-
nounced August 19, 1756, by which they discharge fellow-
ship-meetings to be held upon the Fridays immediately
before the celebration of the Lord's Supper. "With a view
to put a stop to those Friday meetings, an attempt was
made in 1750, to make Friday, in place of Thursday, the
fast-day before the Sacrament; but the Assembly disap-
proved of this alteration.* The Synod have now absolutely
cUscharged those Friday meetings, because it was usual for
the minister to attend them, whose time, it was imagined,
might be better employed. The people of Dornoch peti-
tioned to be restored to the privilege of meeting vdt\\ their
minister as usual, on those Fridays, or at least, that the
Synod would permit such ministers as pleased, to meet ^vith
their people on those occasions ; but their petition was re-
jected. Of this they loudly complain. " It is not past
memory of man," say they, "since Presbyterians looked
upon it as an intolerable grievance, to be hindered from
meeting together for religious worship, or devout exercises,
by such as were adversaries to our ecclesiastical constitu-
tion ; but what would our fathers have thought, had it then
lieen said, that in less than a century, some judicatures of

* See the former vol., p. 212.

112 ANNALS OF THE ASSEMBLY. fl757.

our own Chiu'ch would pass acts, prohibiting their mem-
bers to meet, at the eaiiiest desire of the best disposed of
their people, to join with them in mutual and Christian
conferences, or to assist at their devotion?" It was al-
leged on the other hand, that an humour of disputing was
too much encouraged in those meetings; and a reverend
member told the Assembly, that in some .of them speeches
were made as long as any of those made in that house, and
(questions put ichich ail that house could uot answer. The
Assembly found that the aifair was not fully laid before
them, and therefore sisted further procedure in it at this
time ; and appointed the S}'Tiod of Sutherland and Caith-
ness to lay an account of the whole matter before the next
Assembly.

Case of Ministers attending the Theatre, — The only in-
dividual case brought up to the Assembly, was that of Mr
Alejcander Carlijle of Inveresk ; but as there were other
prosecutions in the inferior courts, and as the circumstances
under which they were originated and carried on produced
great excitement at the time, and are not without interest
still, we shall enter somewhat into detail.

The Tragedy of Douglas, by Mr John Home^ minister
of Athelstanefurd^ was represented for the first time in the
Edinburgh theatre, on the 14th Deceml^er 1756, when the
author, and several of his clerical brethren, were present
from different parts of the country.

The Presbytery of Edinburgh, not long after issued the
following " Admonition and Exhortation to all within their
bounds," (dated Edinburgh, January 5, 1757 :) —

" The Presbytery taking into their serious consideration
the declining state of religion, the open profanation of the
Lord's Day, the contempt of public worship, the growing
luxury and levity of the present age, — in which so many
seem lovers of pleasure more than lovers of God, — and be-
ing particularly affected with the unprecedented countenance
given of late to the playhouse in this place, when the state
of the nation, and the circumstances of the poor, make such
hurtful entertainments still more pernicious, judged it their
indispensable duty to express, in the most open and solemn
manner, the deep concern they feel on this occasion.

" The opinion which the Christian Church has always

17o7.] WARNING AGAINST THE THEATRE. 118

entertained of stage plays and players, as prejudicial to the
interests of religion and morality, is well knoA\'n ; and the
fatal influence ^vhich they commonly have on the far greater
part of mankind, particularly the younger sort, is too obvi-
ous to be called in question.

" To enumerate how many servants, apprentices, and
students in different branches of literature, in this city and
suburbs, have been seduced from their proper business, by
attending the stage, would be a painful, disagreeable task.

" The Presbytery, in the year 1727, when consisting of
many pious, prudent, and learned ministers, whose praise is
in all the Churches, being aware of these evils, did prepare
a paper, which was read from the several pulpits within
their bounds, warning their people against the dangerous
infection of the theatre then erected here.

" In the year 1737, the legislature, in their great wis-
dom, did, by an act of the 10th of Geo. II., enact and de-
clare, ' That every person who should, for hire or reward,
act, or cjiuse to be acted, any play, or other entertainment
cf the stage, without the special license and authority men-
tioned in the said act, should be deemed a rogue and a
vagabond; and for every such offence should forfeit the
sum of £50 Sterling.'

" At that time a project was set on foot to obtain a
licensed theatre in this city ; but the masters and professors
of the university, supported by the magistrates, having pre-
pared a petition, setting forth the dangerous tendency of a
playhouse here, with respect to the important interests of
virtue and learning, the project was laid aside.

" The players, however, being so audacious as to con-
tinue to act in defiance of the law, the Presbytery did, at
their own charge, prosecute them before the Court of Ses-
sion, and prevailed in the process. The players were fined,
in terms of law ; and warrants being issued for apprehend-
ing them, they fled from justice. But others came in their
place, who since that time have attempted to elude the
law, by changing the name of the plaj/house into that of
the concert-hall.

" As such a slight evasion, the mere change of a name,
could not make the smallest variation in the nature of the
thing, the Presbytery continued to do all in their power,
and in their sphere, to prevent the growing e.\\\ ; and think
themselves at this time loudly called upon, in one hody^ and

k2

114 ANNALS OP THE ASSEMBLY. ^1757.

with one voice, to expostulate, in the howels of love and
compassion, with all under their care and inspection.

" When our gi'acious sovereign, attentive to the voice of
Providence, is calling from the throne to humiliation and
prayer, how unseemly is it for his subjects to give them-
selves up to mirth and jolHty ! When the war in which we
are engaged, and many a^^iul tokens of the di^dne displea-
sure, bespeak us, in the language of an inspired writer, to
redeem the time because the days are evil, should that time
be squandered away in ruiuiing the constant round of fool-
ish, not to say sinful amusements ? When the wants and
cries of the numerous poor require extraordinary supplies,
how miaccountable is it to la^-ish away vast sums for such
vain and idle purposes ? When the wisdom of the nation
has guarded the inhabitants of this city and suburbs from,
the infection of the stage, by a plain and express statute, is
it not a high instance of folly, to break down that bamer,
and open a door wdth their own hands for theatrical repre-
sentations ? — which are in many respects no less inconsis-
tent with good policy than mifriendly to religion ; and will
1)0 found, sooner or later, to aifect their temporal as well as
spiritual interests.

" On these accounts, and for many other obvious and
weighty considerations, the Presbyter}^, wanned \v\i\\ just
concern for the good of souls, do, in the fear of God, warn,
exhort, and obtest, all within their bounds, as they regard
the glory of God, the credit of our holy religion, and their
ov.n Avelfare, to walk worthy of the vocation wherewith
they are called, by showing a sacred regard to the Lord's
Day, and all the ordinances of divine institution ; and by
discouraging, in their respective spheres, the illegal and
dangerous entertainments of the stage.

" The Presbytery would plead with all in authority,
with teachers of youth, parents, and masters of families, to
restrain, by every habile method, such as are under their
influence, from fi-equenting these seminai'ies of folly and
vice. They would particularly beseech the younger part of
their flock, to beware, lest, by example, or from a foolish
desire of appearing in the fashionable world, they be misled
into such pernicious snares, — snares which must necessarily
retard, if not entirely mar, that progress in the respective
parts of their education, on which their future usefulness
and success depend. And, lastly, they would entreat and

17o7.] SUSPENSION OF WHITE OF LTCKUTON. Il5

obtest of all ranks and conditions, that, instead of contri-
Imting to the growing licentiousness of the age, they may
distinguish themselves by shining as lights in the world,
lieing ])lameless and harmless, the sons of God, without re-
buke, in the midst of a crooked and perverse nation ; occu-
pying, for the great purposes of the honour of God and the
good of mankind, that time, that substance, and those other
talents which they have received from their Lord and
Master.

'' On the whole, the Presbytery do, in the most earnest
manner, call upon all who have the interest of religion at
heart, to plead fervently at the throne of grace, in the pre-
vailing name of the great ^Mediator, until the spirit he
poured upon us from on high, and the witderness he a
fruitful field, cind the fruiful field he counted for a forest :
then Judgment shall dwell in the wilderness, and righte-
ousness remain in the fruitful field ; and the work of
righteousness shall he peace, and the effect of righteousness,
quietness and assurance for ever.

" The Presbytery appoint this Admonition and Exhorta^
tion to be read from all the pulpits within their bounds,
on the last Sabbath, being the 30th day, of this month, im-
mediately after divine ser^'ice before noon."

On the 12th of January, Mr White, minister of Liher^
ton, was called before the Presbytery, accused of having
been in the playhouse. He owned the charge ; but pleaded,
by way of alleviation, that he had gone to the playhouse
only once, and endeavoured to conceal himself in a corner^
to avoid gi\'ing offence ; expressing his deep sorrow for
what he had done, and firm resolution to be more circum-
spect for the future. Some members moved, that the Pres-
bytery, in respect of these alle^^ating circumstances, should
go no further than a solemn rebuke, to be given in open
Presbytery ; but others being of opinion, that these circum-
stances notwithstanding, it was necessary, for supporting
the credit and promoting the usefulness of the holy minis-
try, and to deter others from such practices, to suspend Mr
White, a vote was stated, Rehuke or Suspend ? and car-
ried Suspend, by a great majority. Mr White acquiesced ;
but requested that the suspension might be limited to a
certain time. Agreeable to which request, the Presbytery
suspended him only till the 2d of February. The sentence

116 ANNALS OF THE ASSEMBLY. [l757.

was intimated from Liberton pulpit by j\Ir Warden, the
Moderator of tlie Presbytery; and it was duly obtem-
perated.

But the Presbytery of Edinburgh, not satisfied with call-
ing to account their own members, thought it their duty to
address other Presbyteries on tlie subject. To the jModer-
ators of the Presbyteries of Haddington^ ^J/^% Emislon,
(now Laudei\) Chirnside^ Dunse^ and Dalkeith, they or-
dered a letter to be sent, of the following tenor : —

" Rev. Sir, — We need not inform your Reverend Pres-
bytery of the opinion which the Christian Church has al-
ways entertained of stage plays and players, nor of the fatal
influence these entertainments commonly have upon the
far greater part of mankind, particularly the younger sort.
Of this the Presbytery of Edinburgh were so sensible, that,
in the year 1727, they appointed Messrs Hamilton, Smith,
Craig, &c., to draw up an ' Admonition and Exhortation,'
warning and obtesting those under their charge not to
countenance the playhouse then erected in this place ;
which admonition was unanimously approved of, and read
from the several pulpits within our bounds.

" The unhappy effects of the playhouse were more and
more sensibly felt by all ranks ; — servants, apprentices, and
students Avere seduced.

" In the year 1737, the legislature did, in their great
wisdom, prohibit, by an express law, the acting of j)lays for
hire or reward within this city and suburbs, and other
places, as the law more fidly bears.

" The players being so audacious as to continue to act in
defiance of the law, the masters and professors of the uni-
versity here petitioned the Parhament to take some effec-
tual method for enforcing the same ; and the Presbytery
did, at their own charge, prosecute the players before the
Court of Session. In this process they prevailed, and ob-
tained a decreet against eight players, finding each of them
liable in the penalty of £50 sterling. Warrants, pursuant
to the above decreet, for apprehending them, being issued,
they dispersed. But others came in their place ; and since
that time they have attempted to elude the law by a s^ain
and unworthy evasion.

" As such thin pretexts could not make the smallest va-
riation in the nature of the thing, the ministers in our

1757.] CASE OF HOME OF ATHELSTANEPORD. 117

bounds have continued to do every thing in their power
and their sphere to put a stop to entertainments so hui'tful
and illegal. But we are sorry to inform your Reverend
Presbytery, that Avhen the state of the nation, and the dis-
tressed circumstances of the poor, make such diversions, in
themselves pernicious, still more criminal, om* endeavours
for suppressing them have been much interrupted, and in
some measure defeated, by of your members,

, minister at , who,

^ve are credibly informed, present in the ^playhouse at

the head of the Canongate, within the bounds of our Pres-
l^ytery, while a tragedy called Douglas was acted.

" As this conduct is extremely oftensive, we are per-
suaded your Reverend Presbytery will take this matter into
their consideration, and follow out such measures as to them
shall seem meet, for discountenancing such unwan-antable
conduct, for vindicating the credit and promoting the use-
fulness of the holy ministry, and supporting the interests of
religion. This, in name, presence, and by appointment, of
the Presbytery of Edinburgh, is signified to you by, Rev.
Sir, your most humble and most obedient servants,

" John Warden, Modr., P, T.
'■'- Edinburgh^ Ja. Craig, Phy-Clk"

December 29, ]7oG."

The Presbytery of Haddington^ (to which Mr Home be-
longed,) took this letter into consideration January 4. Some
members alleged, that this step taken by the Presbytery of
Edinburgh was irregular and unprecedented, and that there-
fore the affair ought to be dismissed. But others were of opi-
nion, that the Presbytery of Edinburgh, as the offence was
given within their bounds, might have tried the matter them-
selves, and consequently had a right, dfortiori^io lay it before
the Presbytery where Mr Home of Athelstaneford resided ;
that in so doing they had shown, not only due attention to
the interests of religion, but respect to the Presbytery of
Haddington ; and therefore moved, that the charge should
be entered upon their records, and the whole affair delayed
till next meeting of Presbytery, in respect of Mr Home's
absence ; which was agreed to ^^'ithout a vote.

jMr Home not having been present at the next meeting,
the Presbytery required him, by a letter, to appear before
them on the 5th of April, to answer the charge brought

118 ANNALS OF THE ASSEMBLY. [1757.

against him. He wrote an answer bearing, that he de-
signed to have attended, but that several things had hap-
pened which rendered it impossible for him ; and therefore
begging to be indulged till the 1st of May, when he assured
them he would attend. Some members were for proceed-
ing to consider the charge, others for granting the desired
delay. The latter was agreed to without a vote ; \A4th cer-
tification, that the Presbytery would judge of the affair on
the first Tuesday of May, without further delay, — which
they ordered to be intimated to Mr Home by a letter. |^His
tragedy was acted at Covent-Garden, London, on the 14th
of March ; and he was then at London.]

AVhen they met on the first Tuesday of May, they re-
ceived a letter from jMr Home, begging a further indul-
gence, and promising to attend if they would appoint a
Presbytery to meet in a week after. The Presbytery refer-
red the whole matter to the SjTiod, to meet at Edinburgh
on the 10th; and appointed a meeting of Presbytery the
same day, at Edinbui-gh, that Mr Home might have an op-
portunity of attending if he pleased. The Presbytery met
accordingly, and Mr Home was present, but no minute was
taken of what passed.

The S}Tiod of Lothian and Tweeddale met at Edinburgh
on the 10th ]\Iay, and Mr Home's aifair came before them
on the 12th. They remitted it back to the Presbytery of
Haddington, in regard that Presbytery had not so much as
commenced the process, and that Mr Home had never been
regularly before them, and was not present when the refer-
ence to the S}Tiod was made.

All farther procedure, however, was rendered unneces-
sary, by Mr Home's spontaneous resignation of his charge.
On Sunday, June the 5th, he preached his farewell sermon,
which, we are told, " drew tears from many;" and on the
7th gave in his demission to the Presbytery of Haddington, —
which appears to have been accepted simjMciter.

Mr Steele^ minister at Stair, having been called before
the Presb}^ery of Ayr, acknowledged that he had been in
the playhouse when Dotiglas was acted ; but pleaded, that
the playhouse being at a great distance from his parish,
he had no reason to apprehend that he icould he knotvn, or
that his presence ivould have given offence ; adding, how-
ever, that as he was now sensible he had in this been mis-

I 757.] LETTER FROM THE DUXSE PRESBYTERY. 1 1 9

taken, and that his conduct had heen offensive to his breth-
ren, and others, he was extremely sorry on that account ;
and declared his firm resolution to abstain from such
practices for the future. This acknowledgment and decla-
ration Avas accepted by a majority of the Presbytery.

The Presbytery of Ear 1st on wrote a very discreet answer
to the Presbytery of Edinburgh, approving of their zeal for
supporting the ministerial character, and the interests of
religion ; and assuring them, that they had taken such mea-
sures with their brother, Mr Scot of Westriither, as they
were firmly persuaded would be most conducive to the great
and good ends which the Presbytery of Edinburgh had in
view.

The Presbytery of Chirnside rebuked Mr Cupples of
Su'intoii, and dismissed the affair.

As for the Presbytery of Dunse^ Messrs Home of Pol-
ivarth^ and D^sart of Eccles, expressed their sorrow for
having given offence, and were rebuked ; but the Presby-
tery, at the same time, instructed their Moderator, Mr
La\ATie of Langton, to send the folloAving reply to the letter
from the Presbytery of Edinburgh : —

" Rev. Sir, — Yours of the 29th of December last v.-as
this day laid before our Presbytery. It was read with the
regard, and considered with the attention, that is due to a
letter from the Presbytery of Edinburgh. We now return
you an answer, vAt\\ that freedom which we think ourselves
entitled to use ; and we doubt not you will consider it with
that candour which is suitable to your known characters.

" We need not inform persons so deeply skilled in the
constitution of our Church as the members of your Rever-
end Presb}^ery are, that the jurisdiction of Presbyteries in-
dependent on each other, is a fimdamental principle of our
ecclesiastical constitution ; and that they are accountable
only to S}Tiods and Assemblies, their legal superiors.

'•'- Presbyteries know best the characters of their own
members, the state of religion, and the temper of the people
within their bounds. They can best judge, whether, in any
particular instance, the censures of the Church might not,
instead of extinguishing a scandal, contribute to increase it.

" We know not any reason why the Presbytery of Dunse
should be deprived of this inherent privilege ; and cannot
but look upon your letter as an unconstitutional attempt of

120 ANNALS OF THE ASSEMBLY. [1757.

one presbytery to anticipate the judgment, and regulate the
conduct of another.

" After this remark on the general strain of your epistle,
we camiot but observe, that the directions you are pleased
to give us, seem repugnant to the rules and canons of this
Church.

" It is enacted in the Form of Process^ chap, i., § 4,
That ' nothing ought to be admitted by any church judica-
ture, as the ground of a process for censure, but what hath
been declared censurable by the Word of God, or some act
or universal custom of this National Church agreeable there-
to.' We expected that, in compliance with this known
statute, you would have mentioned some passages of Scrip-
ture, or some Acts of the General Assembly,'^ to which the
conduct of our brethren was repugnant. But with respect
to these you have thought proper to be entirely silent. How-
ever, to make up the want of such authority, you give us a
detail of certain acts and proceedings of your Reverend Pres-
bytery in the year 1727.

" Whatever regard may be due to these, we are persuaded
you do not apprehend they should be considered as standards
of this Church. Nor can we believe you will think a mi-
nister of the Presbytery of Dunse should be accounted crimi-
nal, because he did not pay suitable regard to the acts of
your Reverend Presbytery, Such propositions seem to be
assumed in your letter ; how subversive they are of the
privileges of other Presbyteries, we need not say.

" The encroachments on our jurisdiction we could easily
pass over; but we cannot overlook the manner in which
your Reverend Presbytery have treated our brethren. Our
blessed Lord commands us, Matth. xviii. 15, &c. : — More-
over^ if thy brother shall trespass against thee, go, and tell
him his fault hetiveen thee and him alone^ &c. Suitable
to this divine and charitable precept is the statute in our

* In a pamphlet of the day, " The Morality of Stage Plays con-
sidered,'' (ascribed to Dr Adam Ferguson,) it is affirmed, that ihe
only law of the Church relating to the theatre is the following : —
" That no comedies or tragedies, or such plays, should be made on
any subject of canonical Scriptures, nor on the Sabbath-day. If
any minister be the writer of such a play, he shall be deprived of
his ministry. As for plays of another subject, they also should be
examined before they be propounded publicly.'" — Act Ass. 1574 ;
Vid. Petrie's CJmrck History.

I

1757.] LETTER FROM THE DUNSE PRESBYTERY. 121

Form of Process^ chap, vii., § 4 : — ' All Christians ought
to be so prudent, and wary in accusing ministers of any
censurable fault, as that they ought neither to publish nor
spread the same, nor accuse the minister before the Presby-
tery, without first acquainting the minister himself, if they
can have access thereto, and then, if need be, some of the
most prudent of the ministers and elders of that Presbytery,
and their advice got in the affair/

" This method of conduct is Christian, is prudent. The
precepts of our Lord, the statutes of our Church, enjoin us
to follow this plan, in our endeavours of reclaiming a Chris-
tian brother who hath gone astray. Did your Reverend
Presbytery observe these important rules? We are sure
they did not ; otherwise such an unwarrantable eagerness of
accusing our brethren had not been discovered.

" Nor can we reconcile this your extraordinary zeal with
your indulgence to several church-officers within the bounds
of your own Presbytery, whose countenance ^vill have more
influence in supporting these amusements, than the presence
of our two brethren, so little knomi in town. Is there not
a partiality visible in behalf of some of your own brethren,
who, whilst they appeared as representatives of this Church, *■
did. as we have heard, give countenance to entertainments
of the same kind ? From whose conduct it was natural to
conclude, that being witness to the representation of a tra-
gedy which the public voice affirms to have no immoral
tendency, would not be considered as criminal by your Re-
verend Presbytery. For we cannot allow ourselves to think,
that a thing really criminal in itself, and morally evil, in Scot-
land, is innocent or indifferent on the other side the Tweed.

" But to conclude. You say, zeal for vindicating the credit
and promoting the usefulness of the holy ministry, and sup-
porting the interests of religion, are the motives of your
present conduct. And in charity we are bound to believe
they are. You call us to co-operate with you in carrpng
on these ends. We gladly hearken to the call ; and shall
not fail to lend our assistance in every instance that is under
the conduct of -wisdom and discretion. You must, however,
excuse us, when we say, that your intermeddling in the man-

* The allusion is to the delegates sent to London, either on the
business of the Widows' Fund, in 1744, or of the Augmentation
Scheme, in 1751.

L

122 ANNALS OF THE ASSEMBLY. [1757«

ner you have done -with the conduct of our brethren, who
have hitherto been eminently useful in our bounds, hath a
natural tendency, and will undoubtedly, unless guarded
against by the utmost prudence and caution on our part,
greatly mar and obstruct those valuable ends you seem to
have in view.

" This, in name and by authority of the Presbytery of
Dunse, is signified to you by, rev. and dear brother,
your affectionate brother and humble servant,

" James Laurie, Mod.
" Dunse., " Alex. Hume, P. Clk."

March 22, 1757."

We now come to the case of Mr Carlyle of Inveresk.,
who belonged to the Presbytery of Dalkeith. That body
met on the 1st of February, when Mr Carlyle being absent,
they caused a letter to be wTitten him, citing him to attend
at next meeting. They likewise sent a letter to the Pres-
bytery of Edinburgh, approving of their conduct, and assuring
them they would follow out such measures as were necessary
for supporting the interests of religion. When Mr Carlyle
first appeared before them, he did not explicitly acknowledge
his having been in the playhouse, nor express his concern
for the offence he had given ; the Presbytery, therefore,
judged it necessary to give him a libel. Pie took a protest,
requiring that the Presbytery of Edinburgh, who had given
the information, should be his libellers, according to the
Form of Process. Some members, apprehending the clause
founded on, viz., par. 3, chap. 7, to be a httle dubious, it
was agreed to lay the protest before the Presbytery of Edin-
burgh. That Presbytery returned for answer, that the clause
in the Form of Process evidently respected an information
given by one or more private persons, but could not apply
to information transmitted by one Presbytery to another ;
and that such intei-pretation as was contended for, was con-
trary to the universal practice of the Church, and, if coun-
tenanced, would occasion inextricable difficulties or number-
less inconveniencies. The Presbytery of Dalkeith, on the
] ,5th of March, having considered this answer, together with
]\Ir Carlyle's protest and requisition, agreed, for obviating
all doubts, to give him a libel, in virtue of their ovna. powers,
on the footing of iYiefama clamosa ; and appointed a com-
mittee to prepare it against the 25th. Mr Carlyle protested,

1757.] CASE OF CARLYLE OF INVERESK. 123

and appealed to the Synod ; and like^vise insisted, that the
Presbytery had mistaken his conduct at their former meet-
ing, for that he meant to signify, that he ^vas willing to
make proper acknowledgments when they should allow him
a fit opportunity for that purpose. As this paper seemed to
state what had passed at the former meeting, in a light dif-
ferent from what it appeared to the Presbytery, they ordered
remarks to be made upon the paper, and the paper and re-
marks to be entered in the record.

At this meeting a petition was presented, signed by three
of the elders of the parish of Inveresk, and said to be the
deed of the elders ; setting forth, that ]Mr Carlyle, ever since
his settlement among them, had been extremely zealous in
promoting the interests of religion, and had so abounded in
works of mercy and charity, that he had gained the esteem
and entire confidence of the whole parish ; and after further
setting forth, that the alleged offence, or charge, was, in the
apprehension of the petitioners, of such a nature as, by the
Form of Process, ought to be taken away without a public
discussion, the petition concludes with prapng, that the
Presbytery would dismiss the affair in some private brotherly
way. This petition w^as read and recorded.

On the 2.5th, the committee presented a draught of the
libel, which was agreed to. This libel was foimded on several
texts of Scripture and Acts of Assembly, relating to the good
behaviour and conduct of ministers ; on three Acts of Par-
liament in the reign of Geo. II., and the opinion of the
Christian Church in all ages, relating to stage-plays and
players ; and on the known bad effects of a playhouse in
Edinburgh. It contained three articles of charge, viz. : — 1 .
His associating himself, or familiarly keeping company with
the players, persons who, by their profession, and in the eye
of the law, are of bad fame. 2. His attending the rehearsal
of the tragedy of Douglas^ and assisting or directing the
players on that occasion. 3. His appearing openly in the
playhouse in the Canongate, within a few miles of his own
parish, near to an university seat, and hard by the city of
Edinburgh, where he was well known, having often preached
and assisted at the administration of the Lord's Supper in
that city. This article further charges him wAih having taken
possession of a box in the playhouse in a disorderly way, or
forcibly turning some gentlemen out of it, and there wit-
nessing the representation of the tragedy of Douglas ; a

124 ANNALS OP THE ASSEMBLY. Ql757.

tragedy which tended to encourage the monstrous crime of
suicide, and contained such dreadful oaths or expressions,
and mock prayers, as were so offensive to the audience who
countenance the stage, that they were struck out or varied
in the future representations. All which oaths, expressions,
and mock prayers, he, says the libel, knew to be contained
in that tragedy, having perused it in manuscript, or wit-
nessed the rehearsal of it. The libel then shows the bad
tendency of such a practice ; and concludes, that all, or any
part of the charge being proved, he ought to be censured
according to the demerit of the crime or offence. This libel,
with a list of witnesses annexed, was put into Mr Carlyle's
hand ; and he was summoned, apud acta, to give in his de-
fences on the 5th of April.*

Before the court was dismissed, four more of Mr Carlyle's
elders declared their adherence to the petition formerly men-
tioned, making in all seven. But five elders gave in a
counter petition, disclaiming the other, and declaring their

* Dr Carlyle believed that this libel was raised against him at
the instigation of the younger Dundas of Arniston, then Lord Ad-
vocate, upon whom his friend Ferguson took ample revenge in the
political satire, entitled, *' The History of Sister Peg." It is cer-
tain that the most virulent pamphlets against the play and its sup-
porters were written by some of the protegefs of Dundas. It was
in reply to these attacks that Carlyle published (mthout his name)
the ironical piece, entitled, " An Argument to prove that the Tra-
gedy of Douglas ought to be burnt by the hands of the hangman."
In an article on Home's works in the Quarterly Review, (Vol.
xxxvi., p. 186,) written by Sir Walter Scott, it is said, that Car-
lyle's " person and countenance, even at a very advanced age, were
so lofty and commanding, as to strike every artist wdth his resem-
blance to the Jupiter Tonans of the Pantheon. It was stated in
aggravation of this reverend gentleman's crime in attending the
theatre, that two rude or intoxicated young men having entered
the box, and behaved uncivilly to some ladies, the Doctor took the
trouble of turning them out, which his great personal strength en-
abled him to do with bttle resistance or disturbance. He under-
went a rebuke, which did not sit very heavy on him." At the
Assembly )760, Carlyle was named one of the preachers before
the Commissioner, but Messrs Pinkerton of Markinch, and Blair of
Brechin, objected, and entered their dissent. In 1 789, he was can-
didate for the Principal Clerkship, along ^\^th Professor Dalziel,
when, after a struggle of unprecedented keenness, the latter was,
upon a scrutiny, declared to be elected, although Carlyle, having
had the apparent majority, had actually taken the oaths and his seat
as clerk.

1757.] CASE OF CARLYLE OF INVERESK. 125

readiness to lay before the Presbytery, either at their ordi-
nary meeting, or at a parochial visitation, if appointed, the
reasons why they could not concur with it. The Presbytery
delayed the consideration of both petitions till next meeting.
On the 5 th of April, Mr Carlyle gave in a paper, bearing,
that he thought himself bound to take this first opportunity of
answering to the whole charge, and not put the Presln'tery
to the trouble of leading a proof; and therefore acknowledges,
that he had been once or twice, with some gentlemen of good
reputation, and Mr Digges [^manager of the theatre, and
the principal actor] in a tavern ; that he had heard read or
repeated great part of the tragedy of Douglas at Mr Digges'
house, where Mrs Ward and some others of the actors were
present ; that he had been sometimes in Mr Digges' house
along ^^dth the author, and had some conversation about the
tragedy, but that he had never ate or drunk with Mrs Ward,
or conversed with her, further than in agreeing or disagree-
ing to what was said about the play ; that he had been pre-
sent, with several gentlemen, at one rehearsal of it ; and that
he was afterwards present when it was acted publicly, and
the house being crowded, he was admitted to a seat with
some difficulty and pressing. The paper proceeds to apolo-
gise for his conduct, from his apprehension of the good ten-
dency of the play; and, the play being now published, submits
it, how far his apprehension was just. He expresses his
extreme sorrow for having given offence ; and declares, that
if he had thought such conduct would have been offensive,
he would have taken care, as he resolved to do hereafter, to
avoid it. He pleads, nevertheless, that the charge brought
against him is not, according to the Form of Process^ a
proper ground for a libel and a public trial, but of that kind
for correcting which privy censures w^ere established ; and
therefore prays that the libel may be thrown out. The Pres-
bytery, after reasoning, Avere of opinion not to drop the libel ;
but in regard Mr Carlyle was not prepared to make his de-
fences, they delayed considering the relevancy till the 1 9th
of April.

At the same meeting (that of the 5th April,) the elders
who had disclaimed the petition in favour of Mr Carlyle,
and had given in a counter petition to the Presbytery of
Dalkeith, were desired to give their reasons for their non-
concurrence Avith the petition ; but they did not give them.
One of these elders, however, on the 19th, gave in a repre-
l2

J 26 ANNALS OF THE ASSEMBLY. ^1757-

sentation, in name of himself and of his four brethren, con-
taining the reopens of their non-concurrence. Mr Carlyle
objected, that it was now too late to assign those reasons,
because they had not done it on the 5th, when desired. The
representation was lodged with the clerk, and the consider-
ation of it delayed to the 3d of May. On the other hand,
two petitions were presented, April 19, one by the town-
council of Musselburgh, and the other by about 120 heads
of families, in favour of Mr Carlyle, declaring their satisfac-
tion with his conduct as their minister.

At this meeting (April 19,) Mr Carlyle renewed his re-
quest, that the libel should be dropt, for the reasons formerly
mentioned. But in this he was again oveiTuled, and the
Presbytery resolved to go upon the relevancy. Mr Carlyle
protested, appealed to the Synod, and left the Court. Four
ministers, viz., Messrs TurnbuU of Borthwick, Simson of
Fala, Mackie of Carington, and Murray of Heriot, dissented
from the resolution to go upon the relevancy, and left the
Court likewise. The Presbytery found the several articles
of the libel separatim relevant to infer censure ; and found
all the articles proved by Mr Carlyle's confession, excepting
the oaths and mock prayers charged to be contained in the
tragedy, and Mr Carlyle's having taken possession of a box
in a disorderly way. These particulars they remitted to
proof ; and they named a committee of their number, and
gave them a commission to take the proof at Edinburgh on
the 28th of April, and to report it on the 3d of May; and
ordered Mr Carlyle to be cited to attend the examina-
tion. The witnesses residing within the Presbytery of Edin-
burgh were cited by an order from that Presbytery. Mr
John DalrjTnple, advocate, as counsel for Mr Carlyle, ap-
peared before the committee, and protested against their
examining the vdtnesses, contending that a Presbytery had
no power to grant a commission to one or more of their own
number to examine A^dtnesses without their own bounds.
I\Ir Carlyle appeared likemse, and protested for liberty to
cite witnesses, in exculpation or alleviation of his alleged
disorderly behaviour in the playhouse, and to examine them
before examining the witnesses in support of that article.
The committee, judging it not competent for them to con-
sider those protests, referred them to the Presbytery, and
examined the witnesses in support of the libel. Mr Carlyle
attended the examination.

1757.] CASE OF CARLYLE OF INVERESK. 127

On the 3d of May, the committee laid the proof before
the Presbytery. It was deposed, that a player, in the char-
acter of the shepherd, swore, By him that died on the ac-
cursed tree ; that another, in that of Glenalvon, said, No
priest ! no priest ! I'll risk eternal Jire ! and that a third,
in that of Lady Barnard,* or Lady Randolph, kneeled down
and put up some prayers. It was also deposed, that Mr
Carlyle had turned or pushed one or more gentlemen out of
a box, but not till after they had refused to go out at his
desire. JMr Carlyle objected, that this proof ought not to
be regarded, for that the committee ought not to have exa-
mined the \\dtnesses after the above mentioned protests were
taken ; and craved leave to give in a list of witnesses to
prove some alleviating circumstances in relation to his turn-
ing the gentlemen out of the box. The Presbytery were of
opinion, that Mr Carlyle's offence deserved a higher censure
than a rebuke, and that a censure inflicted by the highest
authority would have greatest weight, and be followed with
the most salutary effects : they therefore referred the con-
sideration of the protests, the objection, and the whole affair,
to the Synod ; declaring it to be their opinion, that the cen-
sure ought to be inflicted, not by any inferior Court, but by
the Assembly ; and they appointed their moderator, in case
the Synod should finish the process themselves, to appeal
to the Assembly.

The Synod met on the 10th May, and entered on Mr
Carlyle's case next day. He appeared along with i\Ir John
Dalrymple, advocate, as his counsel. The papers were pro-
duced, and read, and parties were heard at great length.
The Court sat from ten till four afternoon, and then ad-
journed. At six in the evening they met again. A ques-
tion was moved. Whether to take up the affair on Mr Car-
lyle's appeals, or on the Presbytery's reference ? After some
reasoning, it was agreed to begin A\4th the appeals. A long
debate ensued ; after which the follomng overture, or sen-
tence, was proposed, viz. : — " The S}Tiod finds, that the
grounds of proceeding in this affair in the way of a libel,
are not sufficiently clear and incontrovertible ; and that it

* Tlie name Lady Barnard was changed to Lady Randolph,
when the play was acted in London. Alterations were made after
the first representation at Edinburgh, so that the expressions de-
posed to are not in the printed play.

128 ANNALS OF THE ASSEMBLY. [1757.

had been better, and more expedient for the Presbytery, to
have endeavoured to bring the same to an issue, either in
the way of a privy censui'e, or of brotherly conference, vnth
proper admonition foUo^'iing thereon. And further, the
Synod does, by this sentence, declare their high displeasure
with Mr Carlyle, for the step he has taken in going to the
theatre ; and strictly enjoin him to abstain therefrom in
time coming." On this a vote was put, Apjyroce of the
overture ; or, Remit this affair to the Presbytery of Dal-
keith, to take proof of the alleviating circumstances conde-
scended on by Mr Carlyle, in case he insists upon it, and
to give judgment in this affair before the meeting of the
Assembly, as they shall see cause ? It earned " Approve "
by a narrow majority. A dissent was entered by Messrs
George Lindsay, Alexander Webster, John Glen, Alexander
Wardrop, John Lundie, IVilliam Aitken, James Watson in
Canongate, and Andrew Williamson, correspondent. It
was agi-eed to delay intimating the sentence till next day ;
and the moderator. Professor Hamilton, and Messrs James
Nasmyth, John Hyndman, and Joseph Williamson, were
appointed a committee to confer with the Presbytery of
Dalkeith next morning in the Society Hall.

Next day, Messrs James Stevenson, Robert Walker, John
Warden, John Johnston, William Orr, David Spence, and
WiUiam Tait, adhered to the aforementioned dissent. Then
the committee reported, that they had conversed at great
length with the Presbytery of Dalkeith ; but that that Pres-
bytery seemed to think themselves obliged to appeal to the
Assembly. The Presbytery sat some time after the confer-
ence, and then gave in a paper to the S}Tiod ; in which they
say, " they are of opinion, that if the resolution of the Sy-
nod, which as yet is not intimated to them, shall have con-
sidered them as parties, and have condemned their conduct,
in forming and carrpng on a libel against Mr Carlyle, that
they are, according to the foims of this Church, at liberty
to appeal to the General Assembly ; " and they appointed
their moderator to enter an appeal accordingly, for reasons
to be given in due time. Then the sentence was intimated.
The Presbytery appealed. Mr Carlyle said : " He received
the admonition and injunction of the Synod with respect.
He was sorry for the offence he had given ; and hoped he
should never give the Synod, or any other judicature of the
Church, occasion to call him before them again for such a

1757.] CASE OF CARLYLE OF INVERESK. 129

piece of conduct." Messrs Thomas Tumbull, William
Mackie, Patrick Simson, John Murray, and Robert Paton,
ministers in Dalkeitli Presbytery, desired it might be marked
that they acquiesced in the Synod's sentence. The Sjnod
appointed the moderator, Professor Hamilton, and Messrs
Robert Wallace, William Robertson, and Gilbert Hamilton,
and Mr Joseph Williamson, a committee to answer the
reasons of the appeal and dissent when given in ; and, in
conjunction with others of the Synod who are members of
the ensuing Assembly, to support the sentence of the Synod
before that Court.

The Assembly entered on the case on the 24th May.
Several ministers of the Presbytery of Dalkeith appeared in
support of the appeal ; and several ministers, and Mr Joseph
Williamson, advocate, members of the Synod, appeared in
support of the Synod's sentence. Mr John Dalrymple, ad-
vocate, appeared in support of the Synod's sentence, and
likewise as counsel for Mr Carlyle. A member of the Sy-
nod, who had dissented from the sentence, asked leave to
speak ; but the Assembly foimd, that the dissenters had no
title to he heaj'd in support of their dissent. After reading
the petition of appeal, and the Synod's sentence and hearing
parties at great length, it was proposed that the question
should be put. Affirm the sentence of the Synod, or Not ?
But others insisting that the question should be, Whether
the Presbytery of Dalkeith did right in proceeding in the
way of a libel, or Not ? the previous question was put,
Whether tlie^^r^^ or second should be the state of the vote ?
and carried for the^^r*^, 114 against 45. Then the first
state of the question. Affirm the sentence of the Synod, or
Not ? being put, it carried Affirm, \\l—Not, 39.

An overture relating to the stage was taken into con-
sideration on the 27tli. After reasoning on it, another
overture was proposed in its place, and the first was dropt ;
and after reasoning on the second, some arguing against any
overture on the subject, and others arguing for one, the
question was put. Overture, or Not ? and carried Overture,
120 against 54. Then the second overture was approved
of without a vote, * viz. : — " The General Assembly, consi-

This motion was deemed so lenient, as to be seconded by
Dempster of Dunnichen, the friend of Home and Carlyle.

180 ANNALS OF THE ASSEMBLY. Q1757.

dering how much the success of the Gospel depends on the
regular and inoffensive behaviour of the ministers of this
Church, do earnestly recommend to the several Presbyteries
to take such wise and effectual measures as may promote
the spirit of our holy religion, and preserve the purity and
decorum of the ministerial character ; and that they take
care that none of the ministers of this Church do, upon any
occasion, attend the theatre." By the first overture, the
injunction not to attend the theatre was not confined to
ministers, but extended to all the members of the Church.*

* On the 2d of February, the Presbytery of Glasgow had come
to the following resolution, viz. : — " The Presbytery haWng seen
a printed paper, entitled. An Admonition and Exhortation of the
Reverend Presbytery of Edinburgh, which, among other evils pre-
vailing, laments the extraordinary and unprecedented countenance
given of late to the playhouse in that city ; and having good reason
to believe, that this refers to the following melancholy, but notour
facts, — That one who is a minister of the Church of Scotland, did
himself write and compose a stage-play, entitled. The Tragedy of
Douglas, and got it to be acted on the theatre at Edinburgh ; and
that he, with several other ministers of this Church, were present,
and some of them oftener than once, at the acting of the said play,
before a numerous audience : The Presbytery, deeply affected with
this new and strange appearance, do think it their duty to declare,
as they hereby do, that they agree with the Reverend Presbytery
of Edinburgh, in the sentiments published by them, with respect to
stage-plays; and particularly, that such entertainments, from what
has been usually exhibited in them, and also from the dissolute lives
(for most part) and infamous characters of the players, have been
looked upon by the Christian Church, in all ages, and of all dif-
ferent communions, as extremely prejudicial to religion and morality,
as well as hurtful to the other valuable interests of human society,
by the wasteful expense of money and time they have occasioned ;
and being convinced, by long experience, a sure test of the tendency
of any action or practice, how vain it is to expect such a reformation
of the stage, as is consistent with the ends aforesaid, that therefore
such entertainments should be discouraged and laid aside. And the
Presbytery further considering, that the unprecedented countenance
given the playhouse, in the instance mentioned, is greatly aggravated
by a late Act of Parliament, rendering tbe stage (because not li-
censed,) unlawful in Scotland ; and also from the present circum-
stances of the nation with regard to the war we are engaged in, the
dearth of provisions, and the awful tokens of the just anger of heaven
against us : They therefore hereby appoint and instruct such of their
members as shall represent them in the ensuing General Assembly
of this Church, to move and insist, in a regular manner. That the
Venerable Assembly do declare, by a public act, their judgment,

1757.] OVERTURE ANENT SIMONIACAL PRACTICES. 131

On the 28th, the following overture was ordered to be
transmitted to the several Presbyteries, that they may send
their opinions upon it to the next Assembly, the overture
in the meantime to have the force of an act, viz. : — " Where-
as in the Act of Assembly of the 1st June 1753, against
simoniacal practices^ there is the follo\A'ing branch or clause,
' and do not, immediately when they come to the knowledge
of it, intimate the same to the Presbytery of the bounds ; '
and whereas it is found necessary to explain and amend the
said clause ; it is therefore hereby enacted. That if any such
simoniacal practices as are mentioned and described in the
said Act, shall be carried on by any person or persons what-
soever, in order to the promoting or procuring any benefice
or office in this Church to any minister or probationer,

and that of this National Church, against the entertainments of the
theatre, as of very hurtful tendency to the interests of rehgion and
society. Secondly, That the Assembly do strictly inquire, if the
facts above mentioned, viz., that a minister of this Church has com-
posed, and procured to be acted, on the theatre in the Canongate
of Edinburgh, the tragedy called Douglas, and that the representa-
tion of the said tragedy was attended by him and several other mi-
nisters, have been under the consideration of the Presbyteries re-
spectively concerned ; and whether these ministers, being found
guilty, have been censured as their faults deserved ; and to give
such directions as they in their wisdom shall find necessary, that
such ministers, and all others, may be sensible, that the Church of
Scotland \A-ill never protect her members in a practice so unbecoming
their character, and of such pernicious tendency to the great inte-
rests of rehgion, industry, and virtue. And, lastly, That the As-
sembly would use their best endeavours to obtain such an explication
and enforcement of the Act of the 17th of Geo. 11., anent the play-
house, as it may not be hable to the pitiful evasions by which it is
now eluded."

On the 13th March, the Synod of Lothian and Tweeddale had
transmitted the following overture : — " The Synod, being deeply
atfected with the countenance given of late to the entertainments
of the stage, particularly by several ministers, which entertainments
have, from long experience, been found prejudicial to the great in-
terests of rehgion and virtue ; and considering that it has been al-
leged, that there is no express law or statute of this Church which
prohibits her members and ministers to witness theatrical represen-
tations, they do humbly overture to the General Assembly, that
they would be pleased to take this matter under their serious con-
sideration, and lay down such rules as shall obviate that pretext,
and may effectually prevent such unwarrantable practices for the
future."

132 ANNALS OF THE ASSEMBLY. Ql757.

though Avithout his consent or approbation ; and if such
minister or probationer shall at any time be told or informed
that such practices have been or are carried on, or proposed
to be carried on, for the purpose aforesaid, and shall not
make discovery or intimation thereof to the Presbytery of
the bounds, at their first meeting after he shall receive such
information, then and in that case, he shall, if a minister,
be deposed, and if a probationer, deprived of his Hcense."

The annual report of the trustees for managing the fund
for a provision to the widows and children ofininisters^ &c.,
was given in on the 25th. To this report is subjoined the
follo\Adng comparison between the calculations on which
the scheme proceeded, and the facts as they have come out
during the first thirteen years of the scheme, viz., from
March 25, 1744, O. S., to April 5, 1757, N. S. :—

" In the calculation, it was supposed that 30 ministers
and professors would die per annum ; so that, in the above
13 years, 390 ministers and professors might be supposed
to die; and in fact, during said 13 years, there have died
383. — Difference, 7-

" It was also supposed, that the ministers and professors
dying would leave 20 widows, and 6 families of children
without widows, jD^r annum ; inde, for said 13 years, 260
widows, and 78 families of children -without widows, — in
all, 338 ; and in fact, they have left 262 widows, and 73
families of children without widows, — in all, 335. Differ-
ence, 3.

" In the calculation, it was farther supposed that, at
Whitsunday 1757, the nimiber of widows on the fund,
drawing full and half annuities, would be 177 ; and in fact,
their number is 171. — Difference, 6.

" In the calculation, it was likemse supposed that the
stock, at clearing the collector's accounts for ihe 12th year
of the fund, anno 1 756, would amount to £43,333 : 3 : s'^d. ;
and in fact, it amounted to £42,888 : 17 : 2-^d., — so that
the real stock was only £444 : 6 : 0-?-d. less than the calcu-
lation ; which, in a fund so great, is of no consequence, as a
difi'erence of that, or greater extent, to the advantage or dis-
advantage of the fund, will happen, from the accidental
circumstance of a greater or lesser mmiber of children fall-
ing upon it in the preceding year."

From the above comparison it appears, that the small

1757.] DISPUTED SETTLEMENTS. 133

diflPerences between the calculation and the fact, are to the
advantage of the scheme, excepting as to the amount of
the capital ; with respect to which it is proper to observe,
that the calculation brings up the interest to Whitsun-
day 1756, whereas the interest of the real stock is brought
up only to Martinmas 1755; so that if this half-years
interest of the capital, at 4 per cent., be added to the
real stock, it will exceed the calculation some hundred
pounds.

Double presentations had been given to the united pa-
rishes of Stonykirk, Clashant, and Toscarton ; one by the
King, in favour of Mr John Hunter, probationer ; and an-
other by Mr Macdouall of Castlesempil, in favour of Mr
James Macferrand, minister at Kirkmaiden. In last No-
vember, the Commission, to whom this affair had been re-
ferred by the preceding Assembly, delayed it till their meet-
ing in March, on account of a process then commenced
before the Court of Session for ascertaining the right of
patronage ; and there was no meeting of the Commission
\j\ March. No compearance was made for Mr Macdouall
in, the Assembly. The papers were read, particularly the
sentence of the Lords of Session of February 9, 1757, find-
ing, that the Crown has right to the patronages of Clashant
and Toscarton^ united with the parish of Stonykirk, and that
Mr Macdouall has right to the patronage of the old parish
of Stonykirk; thai? the Crown has right to present to the
said united parishes for two vices, and Mr Macdouall for
one vice ; and as it was admitted that Mr Macdouall pre-
sented last, preferring the Crown's presentation. The As-
sembly, May 21, unanimously appointed the Presbytery of
Stranraer to proceed to the moderation of a call to the
King's presentee alone.

Upon a competition between Dorothea Lady-Dowager
Forbes, and James Lord Forbes, both having presented to
the parishes of Forbes and Kearn, the Assembly, on the
25th, appointed Mr James Macwilliam, probationer, my
Lord's presentee, to be settled by the Presbytery of Alford ;
and set aside my Lady's presentation in favour of Mr Wil-
liam Coupland, minister. Some members moved to refer
the affair to the Commission, in regard my Lady had raised
a declarator of her right before the Court of Session ; but

M

13-1. ANNALS OF THE ASSEMBLY. [1757-

upon the question put, Proceed or Delay ? it carried Pro-
ceed by a great majority.*

On the 26th, the Assembly took into consideration a
complaint of the King's Advocate, and the concuiTers with
a royal presentation in favour of Mr John Douglas, minister
of Kenmure, to be minister of Jedburgh^ against the Pres-
bytery of Jedburgh, for not obeying the sentence of the
Commission, appointing Mr Douglas's transportation and
settlement ; and a pstition of others of the aforesaid parish,
opposers of the presentee, complaining of the Commission's
sentence, and craving it might be reversed. After reading
the papers, and hearing parties, and reasoning, the question
was put. Dismiss the complaint against the Commission
or Not ? and it canied Dismiss by a great majority. The
Assembly therefore appointed the Presbytery of Jedburgh
to proceed in a process towards Mr Douglas's transportation
from Kenmure, and his admission at Jedburgh, with all
convenient speed ; and nobody insisting in the complaint
against the Presbytery, it was dismissed likewise ; and the
Assembly empowered the Commission to determine finally
in any complaint, reference, or appeal, that shall be regu-
larly brought before them, concerning the settlement of
Jedburgh.

Next day, in the case of the settlement of Abbotshall^ the
counsel for the patron and presentee, with consent of the
Assembly, withdrew the presentation, without prejudice to
the patron's right of presenting, within six months from that
date, another qualified person. []A compromise of this kind
was made last year \^^lth regard to Jedburgh.]

* The Court of Session having found for Lord Forbes, his presentee,
Mr Macwilliam, was settled accordingly ; but in the House of Lords
the decree of the Court of Session was reversed, and the patronage
declared to be in the Lady Dowager. The consequence was, that
Mr Macvv-illiam was not found to be entitled to any of the stipend,
which remained with the patroness. — See Morrison's Decisions, 993 1 ,
Feb. 1762. The Dean of Faculty (Hope) in his speech in the
Auchterarder Case, (Report, vol. i., p. 322, com p. p. 402 and vol.
ii., p. 49,) says, in reference to this affair : — " The case of Dr Dick
(of Lanark) was largely commented on, and explained, on the part
of the ordained minister, by Monboddo, Pitfour, and Lord Hailes.
who was then Procurator for the Church." But the learned gentle-
man has there confounded Lord Hailes with his namesake, David
Dalrymple, afterwards Lord Westhall See under the year 1761.

1 757.] CASE OF PROFESSOR BROWX. 1 35

The affair of Mr William Brown^ late minister of the
English Church at Utrecht, came likewise on upon the 27th,
by an appeal on the part of Mr Brown, and by a reference
of the whole cause on the part of the Presbytery of St An-
drews. This affair is related as follows, in the papers for
the opposite sides.

A petition for ]Mr Brown sets forth, — That the petitioner
was, in the year 1746, settled minister of Cortachy :" That
the appearance he made for the government during the late
rebellion, had given such offence to those who are not friends
to the present happy constitution, that no means were left
unattempted to disturb his ministry ; rumours were spread
to his disadvantage, and even attempts made upon his life :
That this gave rise to a demission, w hich was accepted of by
the Presbytery of Forfar in June 1748 : That some time
thereafter, he was settled minister of the English congrega-
tion in Utrecht, and on the late vacancy of the Professorship
of Ecclesiastical History in the Xew^ College of St Andrews,
was presented to that office by his 3Iajesty : That on the
18th of August last, he laid before the Presbytery of St
Andrews his Majesty's patent, and craved liberty to sign
the Confession of Faith and Formula, as law directs : That
the Presbytery, declining to allow^ him that pri\dlege, he
took a protest of his willingness to comply with the law, and
retired, in persuasion that he had done all that was requisite
on his part : That during his absence, the Presbytery framed
a libel, on an ancient rumour, that one Margaret Alexander
had, in the year 1748, brought forth a child, and charged
hirn with being its father ; with a copy of which, and a long
list of witnesses, a committee of Presbytery served him, in
presence of a notary-public, in the house to Avhich he had
retired to take a refreshment : That at the next meeting of
Presbytery, upon the 29th of September, hoping to remove
every scruple, he commissioned his procurator to lay before
the Presbytery a number of ample certificates in his favour,
and authorised him, in case of their proceeding, to enter a
declinature of their jurisdiction, being at that time, in no
sense of the word, a member of their Presbytery, but they
overruled his declinature ; upon which his procurator ap-
pealed to the Synod of Fife, and instantly gave in his rea-
sons : That on the 6th of October 1756, the affair coming

* See the former volume, pp. 88, 360.

136 ANNALS OP THE ASSEMBLY. [1757.

before the Synod, and the question being put, Refer to the
General Assembly, or^Determine ? it carried Determine ;
and then a second question being put, Dismiss the appeal,
or Not ? it carried dismiss ; whereupon his procurator ap-
pealed to this Assembly for redress, the grounds of the Hbel
being not only long ago prescribed, but the mean of proof
aimed at incompetent and illegal ; and therefore prayed,
that the Assembly would take in and judge of his said ap-
peal, and reasons thereof, reverse the sentences complained
of, find the procedure had thereon void and null, and dis-
miss the libel.

A representation for the Presbytery of St Andrews sets
forth, — That Mr Brown was settled at Cortachy in July
1746, and demitted his office in 1748 : That in his letter
of demission, which was dated at Edinburgh on the 14th of
March, and delivered to the Presbytery of Forfar on the 1st
of June 1748, he founds his demission on the odium of the
disaffected, the prejudices of his people, and his life being
attacked by a ruffian : That on the 29th of June, the Pres-
bytery agreed, nevi. con., to accept of his demission, be-
cause, they say, most of the facts narrated in his foresaid
letter are publicly known to be founded on truth, and that
in his present situation his ministry was rendered almost
entirely useless in that congregation : That at that time it
was pubhcly reported, and generally believed, that the afore-
mentioned were not the chief reasons which induced Mr
Brown to demit his office, but that he had involved himself
in guilt -vrith one Margaret Alexander, his maid-servant ;
and though he had used the most unjustifiable means to
extricate himself, and suppress the then flagrant scandal,
yet, finding all his art and address ineffectual, he was obliged,
either to demit his office, or subject himself to the deserved
censure of deposition: That though the Presbytery ac-
cepted his demission, and assigned the above-mentioned
reasons of their conduct, yet it is impossible that any mem-
ber of that Presbytery could be ignorant of Mr Brown's real
situation and circumstances ; for that not only was the mala
fama against him exceedingly flagrant, but a petition, sub-
scribed by some of the elders of Cortachy, and several heads
of families, was given in to the Presbytery, intimating. That
Margaret Alexander was with child, and made no secret
who was the father ; and entreating the Presbytery either
to inquire into the scandal themselves, or appoint one of

1757.] CASE OF PROFESSOR BROWN. l37

tlieir number to meet with the elders for that effect, as then-
minister had left them : That the Presbytery delayed the
consideration of the petition for a month or two, and in
the interim two of the petitioners were, by the solicitations
of Mr BroAvn's friends, without communicating their design
to the others concerned, engaged to apply to have their pe-
tition withdravMi, which was readily agreed to ; and the
Presbytery, conscious that their procedure could not bear
the light, ordered the whole to be erased out of their mi-
nutes : That indeed they did not all concur in these mea-
sures; for that when the petition desiring an immediate
inquiry was lodged, there were eight members present, of
whom three were for granting the desire of the petition, and
the moderator was thought to be of the same opinion, but
the question was earned in the negative by the vote of Mr
Ogilvie, who is father-in-law to Mr Brown; and that though
the four ordered the erasing even the reasons of dissent of-
fered by their three brethren, yet the whole transaction
would appear in a just light from the declarations of the
members of the Presbytery of Forfar adduced as M-itnesses
for pro%'ing the libel given by the Presbytery of St Andrews
to ;Mr Bro^vn : That it appeared, from the time of Margaret
Alexander's delivery, that Mr Bro^^^l had been guilty with
her not many days before his marriage : That Mr BroA\Ti,
being thus rendered destitute, and finding it impossible to
get bread in this country, resolved to go abroad ; and that,
having been instrumental in relieving some officers who were
prisoners at Glammis in 1746, he had by that means got ac-
quainted ^ATith some officers of rank in the army, and was
by them recommended to the Duke of Cumberland, wlio
procured for him a place at Utrecht, Avorth upv.ards of
i:JlOO Sterling a-year : That though compassion moved
several to whom Mr Brown and his friends applied, to re-
commend him to such as might be useful to him, yet none
of those, so far as is known to the Presbytery of St Andrews,
adventured to attest his moral character ; and that the re-
commendation he then obtained from some members of that
Presbytery, on account of his loyalty, was, on assurances
^ven by his friends that he was to go into the army, and
appear no more as a clergyman : That it is reported, and
generally believed, that Mr Bro%ATi and his friends used
several unjustifiable means to conceal his guilt, and obtain
certificates and recommendations ; and that, when he left
M 2

138 ANNALS OF THE ASSEMBLY. [1757.

this country, in 1748, his character was tainted, not only
with the afore-mentioned crime, but with a train of other
conduct, quite inconsistent, not only mth the character of
a minister of the Gospel, but with that of a professor of our
holy religion : yet that no fear of deserved reproach, or of
rendering himself useless, could deter him from pursuing
his selfish views, and returning to a place of the country
where his former vicious conduct was notour ; for on the
death of Dr Archibald Campbell, Professor of Divinity and
Ecclesiastical History in the New College of St Andrews,
he obtained a patent for succeeding him : That, so soon as
this was known, the afore-mentioned scandal became very
flagrant, and all who had a sincere regard for religion or the
public good, were deeply affected with, the obvious bad con-
sequences of Mr Brown's obtaining so important an office,
by which the education of youth designed for the Church
behoved to be inti-usted to him : That, as the Presbytery
could not tamely connive at the instalment of one of so bad
a character, they had applied to one of the principal Secre-
taries of State, representing Mr Bro^vn's situation and cir-
cumstances, that if possible they might be freed from the
disagreeable task of commencing a process against him, but
without effect: That, on the 18th of August 1756, Mr
Brown gave in his patent to the Presbytery, and asked leave
to sign the Confession of Faith and Formula : That the
Presbytery retired to consider of Mr Brown's demand ; and
every member present, about seventeen ministers and ten or
twelve elders, declared, that they had often heard of Mr
Brown's scandalous conduct ; that the malafama was, since
his return, become more flagrant than formerly ; and that
it was the duty of the Presbytery to inquire into the public
scandal before they should allow him the privilege de-
manded, and for that end to give him a libel founded on
the malafama : That a committee appointed for that pur-
pose drew a libel, which was unanimously approved of;
that Mr Brown being called, and not appearing, a com-
mittee of Presbytery delivered to him, in a house to which
he had retired, the Ubel, vdth a list of witnesses, to be an-
swered next Presbytery day ; and that the Presbytery sent
notice of this to the University, and desired them not to
admit Mr Brown till his character should be inquired into.
That the libel charges Mr Brown, not only with fornication
vyith Margaret Alexander, but that, conscious of his guilt.

1757.] CASE OF PROFESSOR BROWN. 139

he remained under the scandal, without taking the ap-
pointed course to vindicate his character, and by demitting
his office, and leaving the country, deprived the Presbytery,
so far as in him lay, of the opportunity of inquiring into his
conduct ; and that he used several indirect means to conceal
his bad character, and impose on mankind, by which he had
obtained the patent. . . . That on the 29th of September, Mr
Brown, by his procurator, declined the jurisdiction of the
Presbytery ; and the Presbjiery refusing to sustain his de-
clinature, he appealed to the Synod : That the Synod dis-
missed his appeal, and he appealed to the Assembly

That from the whole of Mr Brown's conduct in this matter,
it clearly appears, that, far from acting like a man conscious
of innocence, and not afraid of bringing his character to
trial, he has steadily pursued a fixed design of preventing,
if possible, an impartial inquiry, and, by a train of gross
falsehoods, endeavoured to make mankind beHeve he met
with hard usage, and that those who, from a conviction of
the obligation they were under, pushed an inquiry previous
to his admission, have been influenced by sinistrous views,
and combined with his enemies : That, though it is gene-
rally beheved he had privately acknowledged to several
members of the Presbytery of Forfar his guilt with Mar-
garet Alexander, and that they were conscious this was the
chief reason of his resigning his charge ; yet those very men
did, at a res nata meeting called the 9th of June last, grant
Mr Brown a certificate, bearing — " That during the time
of his residence among them, he never was accused of any
crime, but, as far as they know, behaved himself soberly,
regularly, and piously, and every way as became his station
and character as a clergyman ; and therefore deserves to be
received and used as a clergyman wherever Providence shall
order his lot." That five members granted this certificate ;
and as it is believed they are best acquainted with the
whole of Mr BroA\Ti's misbehaviour, when they say he was
never accused of any crime, and that, so far as they know,
he behaved himself as became his station and character,
their meaning must be, that he never was accused judi-
cially, and so far as they know as a Presbytery ; which the
Presbytery of St Andrews look on as a subterfuge, unworthy
of any man, especially ministers of the Gospel : That several
members of the Presbytery of Forfar dissented from their
brethren in granting this certificate ; and intimate, in their

140 ANNALS OF THE ASSEMBLY. [^1757.

reasons of dissent, That the meeting was not duly called
and constitute ; that the design of that certificate behoved
to be, to prevent an inquiry into ]Mr Brown's character by
the Presbytery of St Andrews ; that though no process was
intented in which oMr Brown was particularly mentioned,
yet a process was intented, in which the brethren had good
reason to believe Mr Brown Avas particularly concerned, and
they had not forgot the way and manner in which the pro-
secution was discouraged and dropped ; and that, though
he was not accused formally, he was accused by the voice
of common fame ; that to concur, therefore, in the said tes-
timonial, would not only, as to them, be an asserting a very
doubtful fact, but greatly disingenuous, and nothing less
than a conscious falsehood; all which appears from the
reasons of dissent oifered by Messrs Young, Weath, and
Raker. . . . That the Presbytery of St AndrcAvs having una-
nimously found the libel relevant to infer censure if confessed
or proved, appointed their moderator to ^^Tite to the Pres-
byteries of 3Ieigle, Forfar, and Brechin, in whose bounds
the witnesses lived, desiring they would cause summon them
in due form ; but this they refused, assigning as their chief
reason, that Mr Brown had appealed to the Assembly, though
of this they could have no evidence but Mr Brown's asser-
tion. . . . That Mr Brown having thus effectually stopped the
procedure of the Presbytery, summoned the members of
the University to answer before the Court of Session, for
their delaying to admit him; and obtained a sentence,
whereby the Lords find. That the University acted unwar-
rantably and illegally in delaying his admission, and as if
they had wilfully intended hurt to Mr BroAAm, and delayed
his admission without any probable ground of an innocent
and honest intention, loaded them personally "\A^th the ex--
pense of process, and ordered the members of the University,
or any one of them, to admit him on or before the 1 st of
March : That, seeing the laws, particularly the Acts 1662
and 1690, require, that no professor be admitted to any
ofiice in any college or university, but such as are of a pious,
loyal, and peacealDle conversation ; and that the University
offered to make good the charge against Mr Brown, in such
form as the Lords should prescribe ; the Presbytery would
have been much more surprised at the above sentence, had
not their Lordships had laid before them an information for
Mr BroAMi, in which he not only attacks the characters of

1757.] CASE OF PROFESSOR BROWN. 141

particular members, but charges both the Presbytery and
University with gross calumnies, asserting, that the fama
clamosa was of their own raising, that they used the most
raahcious methods to defeat the effects of his Majesty's pre-
sentation, and that their conduct can bear no other construc-
tion but that of an unjustifiable combination to disappoint
him; for that these calumnious assertions, and what Mr
Solicitor seems to fix as certain maxims, behoved to give
the judges a bad impression of the Presbytery : That that
learned gentleman asserted, that the Presbytery have no
power to deliberate whether they will allow any person pre-
sented by his Majesty to subscribe the Confession of Faith
and Formula or not ; that they are not to refuse this on any
account ; that their power is only ministerial, and that on

no account can they impede his admission That, firom

this short narrative, the Presbytery persuade themselves the
Assembly will find their conduct in this affair regular, and
will order the libel to be proceeded on, according to the rules
of the Church ; and as the Presbyteries of Forfar, Meigle,
and Brechin, have shown such reluctance to summon v«dt-
nesses, they beg the Assembly effectually to interpose, that
there may be no further stop to the procedure. And as Mr
Brown has appealed, as not subject to the Presbytery, or
other judicatures of the Church ; as the Lords of Session
have ordained him, though under scandal, and libelled by
the Presbytery, to be admitted, though he has never at-
tempted to vindicate himself, or, so far as the Presbytery
know, even asserted his innocence ; and seeing Mr Solicitor,
a gentleman* eminent in his profession, has asserted, that the
Presbytery have no power to deliberate concerning the char-
acter of a minister, who, as a professor of divinity, is to be
a member of the Presbytery ; that their power is only minis-
terial, and that on no account are they to refuse his demand
of signing the Confession of Faith and Formula, nor can
impede his admission ; and as the judges, by ordaining a
man in Mr Brown's circumstances to be forthwith admitted,
and finding the deed of the University, delaying his admis-
sion till his character should be cleared, illegal and unwar-
rantable, and loading them with the expense of process,
seem to be of the same mind with Mr Solicitor, the Presby-

* The Solicitor-General at this period was Mr Andrew Pr ingle,
afterwards Lord Alemour.

142 ANNALS OF THE ASSEMBLY. [1757-

tery cannot but think it a matter of the highest importance
to this Church, and worthy the most mature consideration
of the Supreme Court, what is proper to be done for ob-
taining redress of a grievance, which may tend to the ruin,
not only of the Universities, but also of the Church ; for if
a man presented to an office must be admitted, and cannot
be called to an account though of the worst character, the
consequences are so obdous, that the Presbytery need not
mention them.

[[Besides these two papers, there was a printed Case for
Mr Brown, regularly signed by his lawyers, Messrs Joseph
Williamson and Patrick Murray ; and for the other side,
there appeared a pamphlet, entitled, A Letter to a Member
of Assemhlij ; which was lirst sold for 6d. and then for 3d.,
but was at last given gratis, like the cases.]

In the Case it is said, that the Cortachy petitioners were
desired to give in a more formal and particular petition
against next Presbytery day ; but that the petitioners, in-
stead of such a petition, sent a letter to the Presbytery, de-
claring, that, " upon mature deliberation, they found reason
for diso\vning and retracting what they had done, and pro-
fessing their sorrow for the trouble they had given the Pres-
bytery, and entreating that every thing might be erased from
out their books concerning that affair." In the Letter it is
said, that Mr Brown's friends entered into a sort of treaty
with some managers for the people, whose gTeat view was
to get rid of Mr Brown as their minister ; and therefore,
upon assurances given that Mr BroAvn ^vould demit his
charge, they agreed to drop their prosecution.

In the Case insinuations are made, as if it was the dis-
appointed hopes of some members of the University, or their
friends, that gave rise to the violent attack upon Mr Brown s
character, and made them represent him in the most odious
colours to those great personages at London, who, as they
were most able, had been very willing to assist him ; it is
said, that Principal Murison's ingenuity, in saying the re-
commendation he gave Mr Brown at his leaving Scotland,
" was not to be used for obtaining any office as a clergy-
man," is submitted, upon perusing his letter to Mr Brown's
father-in law, five years after his being appointed minister
at Utrecht : "I rejoice that your son-in-law is in so good a
way, and reflect with pleasure on my contributing what I
could, at your desire, for his welfare." And then it is asked,

1757] CASE OF PROFESSOR BROWN. 148

If it tnily appeared to the University, that Mr Brown's set-
tlement amongst them would be hurtful to the interest of
religion and learning, but that, as they express themselves
in one of their papers, he might have been useful elsewhere,
where his story was not known ; would it not have been
equally becoming, as well as more humane, to have addressed
him privately, and left it to his choice to have remained quiet
in Holland, or stand the brunt of their opposition, which,
after such public remonstrances, it is obvious he behoved
either to defeat, or see himself, his family, and usefulness in
life, both here and in Holland, for ever ruined ? Dr Camp-
bell died April 24, 17o6 ; Mr Bro%Mi's patent bears date
May 10 ; Mr Gregory had accounts of it on the 18th or
20th, and soon communicated them to Messrs Murison and
Schaw, and other members of the University, and an Uni-
versity meeting was called upon the affair on the 1 5th of
June. In the Letter it is said, that the Principal, when the
afore-recited passage was read by Mr Brown's lawyer in the
Synod, desired to see the letter, and that the whole of it
might be read, but neither were granted ; that he complained
of such an abuse of pnvate letters, because it tended to de-
stroy the mutual confidence upon which this friendly inter-
course is founded ; and told, that a gentleman happening to
tell him, just when he was about to ^^Tite a friendly letter
to 3Ir Ogilvy of Mr Brown's having got a good place, and
of his beha^^ng well, he was thereby led to make mention
of Mr Brown, and perhaps to express himself in terms he
would not upon any other occasion have chosen ; adding,
that his words implied no approbation of Mr Brown's con-
duct while in Scotland, for his plain meaning was, that he
Avas glad that Mr Brown, who had formerly been in such
dismal circumstances, was now in a comfortable way of liv-
ing, and behaving with so much decency as to procure a
good degi-ee of esteem and regard fi'om persons of all ranks
in that country.

At the afore-mentioned meeting of the University, called
June 15, 1756, at which all the members were present, ex-
cept Principal Tullideph, and another, who was confined by
age and infirmity, it was agreed, without a contradicting
voice, except Mr Gregory's, (upon a representation by Prin-
cipal Murison, that a few years ago a report had prevailed,
and was generally believed, that Mr Brown was guilty of
an immorality, which, if it had been confessed, or proved

144 ANNALS OF THE ASSEMBLY. [1757.

upon him, was punishable by deprivation, and that there-
upon he had demitted his charge, and left the country,)
" That they should represent to the Duke of Cumberland,
their chancellor, the report, universally credited, which af-
fected Mr Brown's character, and was the true cause of his
demitting his charge, and the bad consequences that would
follow the putting him into the office of Professor of Church
History and Divinity, and crave the interposition of his
Royal Highness to prevent it." This representation was
sent up under cover to Sir Everard Fawkener, the Duke's
secretary ; and this gentleman returned the University an
answer, dated July 13, 1756, in which he acquaints them,
(as is recited in the Case,) " That Mr Brown was no other-
wise known to his Hoyal Highness, than by the imques-
tioned testimonials he had received of many very eminent
services performed by him to His Majesty and his country
during the late rebellion : That Mr Bro^vn having come to
the head-quarters in Flanders, represented, that the ca-
lumnies and menaces, and other vexations brought upon
him by the Jacobites, had made him determine to quit his
church, and seek his bread where he could get it in quiet ;
which declaration he supported by full testimonials of his
moral character, and by his demission, proceeding upon the
calumnies and menaces with which he was harassed, which
demission the Presbytery accepted, upon this averment, that
most of the facts therein set forth were kno^vn to be true :
That his Royal Highness was strongly induced to believe
there must be some misunderstanding in this affair, from
the different manner in which Mr Brown's withdrawing
from Scotland has been represented, from what the testi-
monials plainly set forth : That his Royal Highness could
not but feel a great uneasiness, to find himself pressed to
give up a worthy man to infamy and ruin, upon an impu-
tation of immorality which is not named, and which there
is great reason to think is a calumny." — Sir Everard adds,
" Is calumny new in the world ? have not the best men in
all ages been exposed to it ? and is it not very natural to
believe, that those who set off with the most violent preju-
dices to him, who tried all ways to make him uneasy, and
who even attempted upon his life, would not scruple to raise
a calumny to hurt him ? Consider how hard must his case
be, if all the reward of his public services must be, to be
given up to the revenge of his enemies, who were so for

1757.] CASE OF PROFESSOR BROWN. 145

those very services, and to be exposed to greater punisliment
than the law inflicts for many sorts of felony, and this for a
bare imputation, raised in a place where he had avowedly
so many and so deadly enemies." — Sir Everard is also pleased
to condescend on a number of very ample testimonials in
his fiivour, which are subjoined to his Case^ and with his
usual goodness of heart subjoins. — " It is impossible not to
take notice, that these testimonials agree in the accounts
they give of the sweet,- friendly, and engaging temper and
deportment of Mr Brown. This happy disposition is a
main source of charity, which covers a multitude of faults,
and is of more use to society in general, and towards pro -
pagating true rehgion, and all moral \^rtues, in a society set
apart more immediately for the culture of them, than all
the human learning that any man was ever possessed of. —
I doubt not but this affair vnW be considered ^vith that can-
dour which may be expected from such a place." It is
added, that the University, not satisfied with this warm re-
presentation in favour of Mr Bro%vn, -wrote a second letter
to Sir Everard, to which, it is believed, they did not obtain
the honour of an answer ; neither did the Presbytery receive
any answer to the letter they \vrote to the Earl of Holder-
nesse. In the Letter we are told, that Sir Everard, after
transcribing the deed of the Presbytery of Forfar accepting
Mr BroMTi s demission, goes on : — " Is there the least rea-
son to suppose that there is any concealed meaning in so
plain a declaration on so solemn an occasion ? If any one
can entertain a suspicion of any such disguise, he lays to
the charge of the Reverend Presb}'tery a greater immorality,
imd of more scandal to religion and the ministry, than any
thing, be it what it may, laid to Mr Brown's charge."

The Letter writer -\vould depreciate the loyalt;^ of Mr
Bro^\Ti. " As in the course of my narrative," says he,
" frequent mention has been made of the loyalty of Mr
Brown, and his signal services to the government, I doubt
not but you, who know the attachment of the clergy of Scot-
land to our happy establishment, and with what affection
and zeal ministers and preachers appeared on that side in
the time of the unnatural rebellion, will be desirous to know
how Mr Brown could signalize himself so rem.arkably where
all were zealous, and merit such particular distinction from
men in power. Though I have no inclination to detract
from Mr BroAvn's loyalty, it is proper you should know the

N

14<l ANNALS OF THE ASSEMBLY. Ql757.

truth of this matter. Some officers of the army, who had
heen taken prisoners by the rebels at Preston, were confined
by them to the village of Glammis in Angus, and some places
in that neighbourhood. Upon the precipitate retreat of the
rebels before his Royal Highness, it vras feared they would
carry these officers along with them, and might treat them
barbarously and inhumanely. To prerent this, a party of
people, of low rank, but zealous for the goyemment, formed
a project of rescuing them. Being met upon this design at
Dundee, it occurred, that it would contribute to facilitate
and secure the success of their design, to send a person be-
fore them well acquainted in that neighbourhood, to assemble
the officers into one house, that they might carry them off
instantly and >^4thout noise. Mr Brown, who happened
accidentjdly to be in Dimdee, was pitched upon as a proper
person for this serrice, which he performed, and got him^lf
considered as a sort of leader or commander among those
well-meaning people, and had the honour to present and
deliver the rescued officers to the commander-in-chief of his
Majesty's forces at Edinburgh. This, Sir, so far as I can
learn, was the first exertion of Mr Brown's loyalty ; and
from this, I think, he has been dubbed with the title of
General Brovni. . . . No doubt Mr Bro'v\ii was loyal and
zealous in his heart during the whole of that imnatural re-
bellion ; but this zeal was tempered with great prudence
and caution until the rebels b^an to fly, — as an evidence
of which, we are informed, by good authority, that before
this happy turn of affairs, when he was requested by Mr
Thomson, minister at Airly, to preach for him, he excused
himself by a letter, because the country was divided into
two parties, and he did not incline, by appearing in public,
to disobjige either. But when the rebels b^an to fly, and
were afterwards defeated, Mr Brown's zeal, we find, flamed
out the more fiercely, perhaps because it was pent up be-
fore ; for he became very instrumental and active in dis-
tressing those unhappy people, carrying off their effects, as
appears from a process before the Court of Session against
his fiither and Inm, for Ogilvy of PeeFs books and effects ;
which was at last submitted, and the books decerned to be
restored to the owner. ... It is not surprising that Mr Brown,
by sucli feats of loyalty as the^, should incur the resentment
of the Jacobites. But this could be no reason for resigning
his charge; for the rebeUion was extbgui^ed, and the

1757.] CASE OP PROFESSOR BROWN. 147

country reduced to order, long before March 1748, so that
no man needed then be afraid of that party. . . . Davidson,
who made an attempt upon his Ufe, made a Uke attempt
upon other ministers, and actually robbed some of them ;
but as this fellow was hanged the year before * at Aberdeen,
it could not be for fear of him that Mr Brown demitted his
office."

In the Case^ prescription is pleaded upon this clause in
the Form of Process : — " If a scandal shall happen not to
be noticed in order to censure for the space of five years, it
should not be.reWved again, so as to enter in a process
thereanent, unless it be of an heinous nature, or become
again flagrant ; but the consciences of such persons ought
to be seriously dealt with in private, to bring them to a
sense of their sin and duty," With respect to the two ex-
ceptions, it is contended, that the first, unless the scandal
he of an heinous nature^ surely points out guilt of so deep
a dye, that no penitence, or length of time, without some
public animadversion, can be deemed sufficient to quiet the
minds of men ; and that, as to the second, or become again
jlagrant^ the exception, as it is understood by some, is as
broad as the rule, and so the wise regulation of our ances-
tors is exposed to ridicule ; for what could be more trifling,
than to lay down a rule which might be baffled by the breath
of envy, or the folly of the meanest changeling ? and that,

* This is contrary to fact, for I find that the execution of David-
son did not take place till the 1st of July 1748, when he was hanged
between Aberdeen and the Bridge of Dee, and his body hung in
chains. This man was long the terror of the " How of the
Mearns," and districts adjoining. He had been once a soldier, but
having deserted to the French at the battle of Fontenoy, he came
to Scotland during the rebellion in Drummond's regiment. After the
rebellion was suppressed, he headed a band of broken men, and seems
to have singled out for attJick the houses of the Presbyterian clergy
and schoolmasters. In addition to the outrages mentioned in the
former volume (p. 95,) he robbed, during the month of February
1747, the manses of Messrs Morison of Kinnel, Ferguson of Farn-
well, Knox of Kinnaird, and Dow of Fettercairn. The last men-
tioned gentleman defended himself, and took Davidson prisoner,
but the gang rescued him. He was at length apprehended by two of
Mr Brown's parishioners at Cortachy, after he had committed two
robberies there. Mr Brown's demission of his charge may have
preceded Davidson's apprehension, but its acceptance by the Pres-
bytery, in June 1748, was certainly subsequent to that event.

148 ANNALS OF THE ASSEMBLY. [1757.

therefore, the exception can have no other sensible meaning
but this, that after five years, a scandal or offence cannot be
again re^^[ved, in order to a process, unless the conduct of
the person against whom it is charged has, by a similarity
of offence or unbecoming behaviour, justly given rise for
the re\dving the memory of the former real or supposed
guilt.

Parties having been fully heard, the cause was taken up
on the footing of the appeal ; and after reasoning, the As-
sembly, mthout a vote, reversed the sentence of the Synod,
and found, that the process ought, in the present circum-
stances, to proceed no further ; and therefore assoilzied Mr
Brown.

The General Assembly haA-ing heard the report of the
trustees for managing the fand for a provision to ministers'
widows, &c., concerning the manner of keeping the separate
registers^ do appoint, that, for the future, the separate re-
gisters shall be divided into as many parts as the respective
Presbyteries consist of parishes ; and that the facts respect-
ing the ministers and vacancies of every parish, shall be
stated under its own proper head or division, marked with
the name of the parish : And farther, as an abstract is to
be prepared of the two acts relative to the fund, and of what
other papers are necessary for the direction of Presbyteries
and Universities respecting the said fund, the General As-
sembly appoint, that, as soon as this abstract shall be trans-
mitted, every Presbytery and University shall cause it to be
bound up with a quire of clean paper, in order that, what-
ever after-regulations shall be found necessary with respect
to the fund, these may be copied over into the said book ;
by which means the whole of the rules concerning the fund
will be always at hand.

The overture anent ministers making agreements tvith
their heritors concerning the extent of their stipends, and
that anent the more speedily supplying of vacancies, trans-
mitted to such Presbyteries as have not sent up their opi-
nions thereon.

An appeal o^ Mr jEneas Sage, minister at Lochcarron,
from a judgment of the Synod of Glenelg, delaying to give
judgment in a complaint given in against him to the Pres-
bytery of Gairloch by Mr J^neas M'Aulay, minister at Ap-
plecross, and referred by the Presbytery to the Synod, re-

1757.] DEPOSITION OP MR GRIER. 149

mitted back to the said Synod ; and the Commission, at
their meeting in November, empowered to take in, cognosce,
and finally determine in any reference or appeal that shall
be made to them relative thereto.

A petition for Mr James Richardson, minister at Aber-
foyle, craving some allowance for the expense and trouble
he is put to in officiating at the barracks of Glendow, re-
mitted to the committee for managing the royal bounty.

A petition for Mr Henry Gordon, minister at Ardersier,
setting forth the smallness of his stipend, the great expense
and trouble he is exposed to by the building of Fort George
within his parish, and craving some addition to his living
out of the royal bounty, read, and remitted to the managers
of the said bounty.

The Assembly rose on Monday the 30th.

On the 31st, the Commission took up the affair of Mr
Robert Grier, minister of Durisdeer, accused of fornication
and other immoralities. In the forenoon sederunt, the court
found the libel relevant ; and in the afternoon went upon
the proof. After prayer to God for direction in this weighty
affair, the Commission, considering the whole evidence ad-
duced for proof of the libel, did unanimously find the libel
proven, so far as to infer deposition : " And therefore, the
Commission did, and hereby do, in the name of the Lord
Jesus Christ, the sole King and Head of the Church, and by
virtue of the power and authority committed by Him to them,
actually depose the said Mr Robert Grier from the office of
the holy ministry, hereby prohibiting and discharging him to
exercise the same, or any part thereof, in all time coming ;
and the Commission do hereby declare the said church and
parish of Durisdeer vacant from the date hereof." Mr Grier
being called upon, the above sentence of deposition was so-
lemnly pronounced upon him by the moderator. His pro-
curator protested for liberty to complain of the sentence to
the next Assembly.

November Commission.

The Commission met Nov. 1 6. — Upon an overture from
the Synod of Lothian and Tweeddale, That in regard the
N 2

150 ANNALS OF THE ASSEMBLY. Q757.

late taa; on ivindows bears hard upon many ministers of this
Church, the Commission would take this matter into consi-
deration, and take such steps as to them should seem most
proper, in order to obtain relief; a committee of twenty-six
ministers and three ruling elders were named, to take the
most prudent measures, and make such applications as may
be most proper and expedient, in order, by an explanation
of the law, to obtain the relief desired ; provided that no
expense in making such application be laid upon the public
funds of the Church, without the authority of a subsequent
meeting of the Commission, or of the General Assembly.*

Next day, upon a motion from the same Synod, the Com-
mission unanimously agreed, that, in respect of the present
situation of affairs in this nation, a day of solemn fasting,
humiliation, and prayer, should be observed in all the
Churches in Scotland, upon such day as the king shall be
pleased to appoint ; and remitted to the moderator to ^mte
to the Secretary of State and Lord Cathcart, that they may
represent to his Majesty the Commission's humble and ear-
nest desire of having the royal authority interposed, for the
observance of any day his Majesty shall think fit to name.
I^By a royal proclamation, dated December 6, Thui-sday the
16th of February 1758, was observed in Scotland, and
Friday, the 17th, in England and Ireland, as a fast.]

The same day, Nov. 17, upon a complaint by the callers

* The ministers in the county of Clackmannan having been
charged, by the surveyor of the windows, with the window-tax for
their manses, appealed to the commissioners, alleging, That, by
sundry Acts of Parliauient, the benefices provided to them, in place
of the teinds, which had formerly belonged to them, are declared
to be free from all taxations and impositions whatsoever. The
commissioners, on the 14th of January 1757, found, That by the
Act Jas. VI., Pari. 13, cap. 162, minister's stipends are declared in
all time coniing free from all taxations and impositions whatso-
ever ; and that by the Acts Jas. VI., Pari. 3, cap. 48, and Pari.
22, Act 3, and Car. I., Pari. 1, Act 8, their legal stipends consist
of a manse, a glebe, and 800 merks at least ; and that these statutes
are not repealed by any clause in the three Acts 20, 21, and 26,
Geo. II., laying the duties on windows; therefore, they sustained
the appeals, and found the ministers not liable in the duties. But
the case was stated by the commissioners, at the desire of the sur-
veyor, and laid before the Lords of Session ; and their Lordships
found, July 29, that ministers' manses are not exeemed from the
window-tax.

1757.] CASE OF JEDBURGH. 151

of Mr John Douglas at Kenmore, to be minister of Jed-
burgh.^ against the Preshytcrv of Jedburgh, for not executing
the sentence of the last Assembly, parties were heard, and
a representation from that Presbytery, containing their rea-
sons for not executing the sentence, was read, the tenor
whereof follows: — " The Commission have ordered the Pres-
b}'tery to proceed in the transportation of ]\Ir Douglas, ac-
cording to the rules of the Church, when all the rules of the
Church forbid it. They must transmit the presentation,
and the few subscriptions for the presentee, under the name
of a call from the parish ; when the whole parish, excepting
five, are openly declaring against him. They cannot make
out a process of transportation, without reasons to support
it ; when they cannot find one for it, and all the reason in
the world against it. When he comes to be admitted, he
must make a solemn declaration of his stedfast adherence,
not only to the doctrine and worship, but the whole disci-
pline of the Church of Scotland, as founded on, and agree-
able to, the Word of God; when it is evident he could never
come there but by the breach or neglect of some of the most
important articles of it : That zeal for the glory of God,
love to Jesus Christ, and a desire of sa^ang souls, are his
chief motives and inducements, and not worldly designs and
interests ; when, to say the thing in the softest terms, no-
body will believe him : And that he has had no undue
hand, either by himself or others, in procuring his trans-
portation ; when all the world sees that it is owing allenarly
to his absolute acceptance of, and resolute adherence to, his
presentation. He must, after all this, be gravely asked,
Whether he closes with this call, and is wiling to take the
pastoral charge of that people ? and they must be asked,
Whether they receive and submit to him as their minister ?
and if they -s^-ill permit, if must be taken for granted they
do ; when all present know they do not. But this is not
all : This must all be done in the name of our Lord Jesus
Christ ; solemn addresses must be made for his blessing on
his own ordinance, and his blessing on him whom he has
thus set over that congregation, and he solemnly admonished
to feed the flock of God, over which the Holy Ghost hath
made him overseer. What will profane scoiFers say, and
what will serious Christians think of such proceedings ? "
After reasoning, the Commission, without a vote, concurred
with the call to Mr Douglas, and authorised the callers to

152 ANNALS OF THE ASSEMBLY. [1758.

prosecute the call in the Commission's name, as well as
their own, before the Presb}i;ery of Dunkeld, and other ju-
dicatures competent. The members from the Presbytery of
Jedburgh protested for liberty to complain of this sentence
to the ensuing Assembly.

Assembly 1758.

The Assembly met on the 25th May. — Lord Catheart
was Commissioner. After sermon * by Professor Leechman,
the former Moderator, Messrs Thomas Turnbull of Borth-
wick, and David Duncan of Stow, were put on the leet for
Moderator, when the former was chosen.

On the 29th, the settlement of Jedburgh was taken into
consideration. In pursuance of the sentence of the Com-
mission, the Presbytery of Dunkeld, February 7, 1758,
transported Mr Douglas from Kenmore to Jedburgh, leaving
it to the Presbytery of Jedburgh to admit him minister of
Jedburgh with all convenient speed. This sentence was laid
before the Presbytery of Jedburgh ; and they were requested,
by petition, to proceed to the settlement. But as they had
protested for liberty to complain of the Commission s sentence
to the then ensuing Assembly, they delayed giving any sen-
tence on this petition till after the meeting of the Assembly.
Against this delay an appeal was taken to the Synod, who,
April 26, on the vote put. Appoint Mr Douglas to be ad-
mitted minister of Jedburgh ; or. Refer the whole cause to
the next Assembly ? it canied, by the Moderator's casting
vote. Refer. The parties in this cause were, the callers of
Mr Douglas, the Presbytery of Jedburgh, and the Commis-
sion.

A case for the Crown, patron, and the callers of the pre-
sentee, was printed ; in which the judicial proceedings are
briefly recited, and objections to the settlement are answered :
such as — '" Ohj. 1. The concuiTence of the elders, and of
the magistrates and town-council, is necessary to the call. —
Ans. The elders disqualified themselves by the unlawful

* The sermon was published, with the title, ** The Wisdom of
God in the Gospel Revelation," — (the text being in 1 Cor. i. 21,) —
and will be found in the first volume of his collected sermons, p. 263.

1758.] CASE OP JEDBURGH. 153

combination into T\liich they entered. But further, they
are now no more : they have formally renounced their of-
fice, and have departed from the Church.* The conduct of
the magistrates is attended with circumstances which only,
in this age of liberty, could have occurred, and which scarce-
ly, in this age of liberty, can pass unobserved and uncen-
sured," — Something to this purpose was let drop likewise in
a speech made in the Assembly by the Lord Advocate. —
" Ohj. 2. By the standing rules of the Church, no minister
is to be put into a charge without the consent of the congre-
gation, which, in the present case, has not been obtained. —
Ans. By congregation must be understood they of the pa-
rish who adhere to the Church of Scotland ; a great majo-
rity of this parish have seceded, and the rest make no ob-
jection to Mr Douglas, and must therefore be understood to
acquiesce in his call. But, 2(%, The consent of the con-
gregation is only required when the congregation is mlling
that a minister be settled. Now, it cannot be affirmed that
this congregation, even supposing all to be members of it
who were once so, are ^^dlling that a minister be settled.
They had conceived prejudices against Mr Bonar, stronger
prejudices against INIr Douglas, and the same prejudices
must prevail against every man who Is presented by the
king, and called by the heritors. Their prejudices are of
two sorts : 1*^, in favour of one teacher; 2c%, against the
legal method of presenting ministers. The olDJections are
not against Mr Bonar, or Mr Douglas, or any other minister
of the Church, but against every one whatever, one darling
pastor excepted. On him they had centred their affections ;
him they have seduced from that Church in which he might
have been so useful, and so distinguished ; in his favour they
would even dare to obey the laws of their country, and sub-
mit to patronage."

Several papers were read in the Assembly ; then parties
were heard on the question between the Presbytery and the
Commission, Whether the Commission had exceeded their
powers ? and, after reasoning, a vote was put upon it, and
carried Not, by a great majority. So the complaint against
the Commission was dismissed. Then, after reasoning, the
Assembly agreed, without a vote, that the sentence of the
Presbytery of Dunkeld, transporting Mr Douglas from Ken-

* See the next case.

154 ANNALS OF THE ASSEMBLY. ^1758.

more to Jedburgh, should he carried into execution ; and,
after further reasoning on the manner of executing it, the
following judgment was given : — " The General Assembly
did, without a vote, and hereby do, appoint the Presbytery
of Jedburgh to admit Mr Douglas as minister of the town
and parish of Jedburgh, with the usual solemnities, bet^vixt
and the end of July next, so as to be in condition to report
their having done so to the Commission in August, or, fail-
ing of a quorum of the Commission in August, to the Com-
mission in November next : And the Assembly ordains every
member of the Presbytery to be present at the said admis-
sion, and such of them as shall be then absent, are hereby
declared to be ipso facto sisted before the Commission in
August or November, as above, to account to them for their
absence ; and the Commission are hereby empowered to
judge of the relevancy of their excuse, and in case they find
it not relevant, to inflict such censure as they shall think
proper : And the General Assembly do further empower
the Commission to be named by them, to take in and judge
of any complaint, reference, or appeal, that shall be made
to them relative to the settlement of Mr Douglas as minister
of Jedburgh."

QMr Douglas was admitted July 28, when all the minis-
ters of the Presbytery were present.]

Out of this disputed settlement of Jedburgh, arose the
case of Mr Thomas Boston. He was son of Boston of Et-
terick, and had been minister of Oxnam, near Jedburgh.
"When the parish of Jedburgh became vacant, in September
1755, the elders entered into an association to " stand or
fall by one another" in the election of a minister, (see p.
83,) and there was a numerous subscription got up by
them in favour of Mr Boston. When the Assembly of 1 757
gave sentence in support of the presentation of ]\Ir Douglas,
the to^vn-council of Jedburgh offered to bear the Presbytery's
expense in obtaining a declarator of the/w^ devolutum from
the Court of Session, which, however, the Presbytery de-
clined. Mr Boston's friends then built a spacious meeting-
house, which they called the New Churchy and gave him a
call, which he accepted. On Wednesday, the 7th December
1757, he gave in to the Presbytery his demission of the
charge of Oxnam, (on which occasion " there was such a
concourse of people in the church of Jedburgh as broke

1758.] CASE OF BOSTON OF OXNAM. 155

down most of the pews ; " ) and on Friday, the 9th, he was
admitted in the New Church by Mr Roderick Mackenzie,*
a dissenting minister from England. The Presbytery, after
accepting Mr Boston's demission of Oxnam, referred his case
to the Synod of Merse and Tev-iotdale. The Synod foimd,
that Mr Boston's conduct deserved severe censure ; but that,
in order to give weight to any censure that might be inflicted,
the authority of the Assembly should be interposed, and
therefore, they appointed the Presbytery to transmit to the
Assembly extracts from their records of the demission given
in to them by Mr Boston, and of their deliverance on it, and
to cause Mr Boston be summoned to appear before the As-
sembly, in order to their giving a final judgment in the
affair ; which was accordingly done by the Presbytery.

* He was a probationer of the Scotch Church, and had been set-
tled minister of Lochbroom, in opposition to the patron, but the
settlement was reversed by the Assembly 1743. — (See the former
volume, p. 41, 357.) Mr Boston's call was signed by the town-
council, the session, and all the heads of families, except five. On
the day of his admission, " the bells were rung, the magistrates
and coimcil, in all their formalities, and the people, amoimting to
at least 2000, repaired to the New Church, where Mr Mackenzie
preached from Rom. x. I, — ' Brethren, my heart's desire and prayer
to God for Israel is, that they might be saved.' A Presbytery was
constituted ad hunc effectum, and the questions usually put to mi-
nisters at their admission were put to Mr Boston on this occasion,
with a small variation in one or two of them, arising from the pe-
culiarity of this case, which was so supplied as to bind him to hold
communion with, and be subject to his brethren in the Lord, if an
opportunity shall be afforded him; and he was moreover taken
bound against Episcopacy and the supremacy on the one hand, and
Sectai-ianism on the other, and to maintain the succession to the
crown of these realms in the illustrious house of Hanover. Mr
Boston having answered all these questions agreeable to the eccle-
siastic constitution of the Church of Scotland, the town-council,
the session, and the whole body of the people, were desired to de-
clare their adherence to the same principles, and to Mr Boston as
their minister, which aU of them did, by the stretching out of their
right hands ; and then they joined in humble and fervent prayer for
God's blessing on him who was thus set over them as their minister.
In fine, the day was religiously observed, in fasting, prayer, and
sermons adapted to the occasion, and the whole performed with as
much solemnity and decency as hath been known in these parts on
like occasions."

On the Sabbath foUowing, Dec 11, Mr Mackenzie preached in
the New Church before noon, to the magistrates, elders and people,
on these words, Isaiah xxvi 4, — *' Trust ye in the Lord for ever ;

156 ANNALS OF THE ASSEMBLY. [1758.

The demission was as follows : — " The demission of me^

Mr Thomas Boston^ minister at Oxnam Humhly sheweth^

Albeit there are several things in the National Church which
have been all along disagreeable to me, yet the present me-
thod of settling vacant churches by the mere force of presen-
tations, whichhasbeen so longpersisted in, and is almost every
year prosecute more vigorously, is so diametrically opposite
to all the laws of Jesus Christ about that matter, has such a
manifest tendency to fill the Church with naughty members,
to mar the edification of the body of Christ, and, in fine,
utterly to destroy the dying remains of religion in the nation,
that I can no longer sit a member of the present judicatures
of this Church, but must leave my place there, that I may
take part with the oppressed heritage of God. When I en-
tered on my ministry in the National Church, more than
twenty years ago, even then with concern I beheld violent
settlements authorised by the General Assemblies thereof.
But in those days there was a very considerable number of
members who opposed such violences, and they w^ere, by
their number and influence, a pretty good balance against

for in the Lord Jehovah is everlasting strength." Mr Boston
preached in the afternoon, on these words, Ephes. vi. 18, 19, —
" Praying always, that utterance may be given unto me, that I may
open my mouth boldly, to make known the mystery of the Gos-
pel ; " and, in the application, said, among other things, that as he
had never entertained liis hearers with reflections on any set of men,
those who expected such things would be disappointed.

The audience was so numerous, that many of them sat without,
opposite to the windows, which were opened ; and about fifty, who
could not hear, went to the Old Church, where Mr Rogers, minis-
ter of Hownam, was preaching by ai)pointment of the Presbytery ;
whose whole auditory, it is said, did not exceed eighty.

It was said that sixty persons entered into a bond, bearing to be
for love and favour, binding themselves, and their heirs, to pay Mr
Boston annually, as long as he lived, £2 each, making in all £120
Sterling, The stipend of Oxnam, converting the victual at the
usual rate in the sale of lands, including the value of the glebe, and
the sum allowed for communion elements, was between iG80and£90.
Mr Boston remained unconnected wdth any body of Christians till
the year 1761, when the Presbytery of Relief was formed by him,
in conjunction with Messrs Gillespie and Collyer. In consequence
of the violent settlement of Mr Grant at Nigg, in Ross-shire, (see
p. 80,) a meeting-house was there erected, of which the above
mentioned Mr Mackenzie became the first minister. It fell into
the hands of the Secession.

1758.] CASE OP BOSTON OF OXN AM. 157

those who favoured them. Hence, when the General As-
sembly, or their Commission, had authorised a -violent set-
tlement, the next Assembly was readily composed of such
members as were inclined to check and control those tyTan-
nical measures. But alas ! the times are visibly altered to
the worse ! The bulk of those worthy men who opposed
the encroachments complained of, are, it is likely, retired to
their rest and reward. The evidence hereof is, that, for a
course of years past, we find one Assembly after another
changing their members, but never changing their tyrannical
measures in settling vacant churches. Those who adhere to
the ancient principles and practice of the Church of Scot-
land in this matter, are now reduced to such a small and
inconsiderable handful, that they are quite run doA\Ti by the
numerous opponents, and have it not in their power to re-
form those crying abuses, nor to do justice to the oppressed,
while they continue in the communion of the Church. Upon
these, and other considerations, which afterwards may be
made manifest, I judge it my duty to give up the place which
I hold as a minister of the National Chm-ch, and at the same
time to continue in the full exercise of that ministry which
I have received of the Lord Jesus, as God in his pro-\4dence
shall give me opportunity. Therefore, wit ye me, the said
I\Ir Thomas Boston, to have demitted and laid down, likeas
I hereby simpliciter demit and lay do^^Ti, my pastoral charge
of the parish of Oxnam, and deliver over the said parish into
the hands of the Reverend Presbytery of Jedburgh, within
whose bounds it lies ; craving that the said Reverend Pres-
bytery may, upon this my demission being lodged in their
clerk's hands, and read in their presence, find the said pa-
rish vacant, and cause the same be declared in due fonn,
and proceed to the settlement of a Gospel minister therein
with all convenient speed. Upon all which I take instru-
ments, and crave extracts. — T. Boston." After the demis-
sion was read, Mr Boston read a paper,* which he had pre-
pared, to explain and illustrate it. The Presbjtery reasoned

* In that paper, while he declared his dissent from the present
Church judicatures, and at the same time his willingness to hold
ministerial and Christian communion with all who faithfully avouch
the Gospel system, and aim at a sincere discharge of its duties, he
professed his utmost aversion at dividing the congregations of his
brethren bearing that worthy character ; and justified this his partial
secession, by the almost universal conduct of the present judica-
tures, in intruding pastors upon reclaiming congregations, contrary
O

158 ANNALS OF THE ASSEMBLY. ([1758.

long with Mr Boston, both in public and private, and were
all, except the elder of Jedburgh, of opinion, that he should
continue in his charge, enjoined him to continue in it at least
till their next meeting, and kept the affair open till then.
But he would not comply. Therefore, at their next meet-
ing, January 4, the Presbytery found, that " Mr Boston L^d,
by his demission, renounced and given up all ministerial com-
munion in the present Estabhshed Church of Scotland, and
left the parish of Oxnam vacant in their hands ; and that the
church of Oxnam was vacant from the date of his demission."
An execution of the summons against Mr Boston was
given in to the Assembly, and he was called, but did not

to Scripture, to our ecclesiastic laws, and to sound reason ; at the
hazard of alienating the people from our happy constitution in
Church and State, and setting up their own corrupt practices, as
of equal or greater authority than the old standing unrepealed laud-
able laws ; — he further urged the indispensable necessity laid upon
ministers, of endeavouring to keep up and perpetuate a faithful
Gospel ministry, and of relieving the Lord's oppressed heritage,
who, without following such a course, would be left in a great
measure destitute of the food of their souls; and anticipated an
answer to several objections made without doors to the part he was
now acting. One objection was this : As Mr Boston was allowed
to testify his dislike of the conduct of our judicatures as freely as
he pleased, was connected with a Presbytery whose opposition to
the courses complained of was notorious, and was not forced out of
the Church by deposition, as some others were ; how came he to
demit his charge in the Establishment for one out of it ? To this
his answer was, in effect, That the town of Jedburgh (who allege
that the right of presentation, when Mr Douglas got it from the
crown, wa,s, jure devoluto in the Presbytery,) having offered to bear
the Presbytery's expense in obtaining a declarator of the Court of
Session, and, if frustrated, to give security to their contentment,
for a stipend to a minister whom they choosed, the Presbytery
would do nothing in the matter ; — that were he, Mr Boston, to
testify in judicatures to his life's end, this could not, as the times
go, afford any relief to the oppressed congregation of Jedburgh ;
and he submitted, whether he who voluntarily gives up a certain
living in the Establishment, for a precarious subsistence out of
it, and undertakes the relief of the oppressed, purely for the sake
of relieving them ; or he who stirs not to their relief till he is
forced to it, and is reduced to the same situation ^A'ith themselves,
acts the most worthy part ? The one he compared to a man who,
being informed that his neighbour is drowning, runs out of his warm
house, in the midst of a storm, and, by throwing him a rope, be-
comes his deliverer ; and the other, only to a plank of wood floating
on the waters, at which the drowning passenger grasps for preser-
vation.

1758.] CASE OF BOSTON OF OXNAM. 159

appear. Questions were moved concerning some alleged
informalities * in the method of proceeding against him ;
])ut, after reasoning, the Assembly came unanimously to the
following resolution : — " The General Assembly, in respect
of the particular circumstances attending this cause, did agree
to take Mr Boston's demission under their consideration, to-
gether ^Yith the proceedings of the Presbytery of Jedburgh
relating to him, whereby they find, that he has declared him-
self to be no minister of this Church, and that he will not
hold communion with her judicatures ; and did, therefore,
without a Tote, declare, that he is incapable of receiving or
accepting a presentation or call to any parish in this Church,
without the special allowance of some future General As-
sembly ; and the General Assembly do hereby prohibit all
the ministers of this Church from employing him to preach
or perforai any ministerial offices for them, or from being
employed by him, unless some future Assembly shall see
cause to take off this prohibition." And Mr Boston being
again called, and not appearing, the above sentence was
publicly read.

The affair brought in next was a petition for Mr William
Brown, bearing, — That hj virtue of his Majesty's patent,
he was admitted, on the 28th of February 1757, regius pro-
fessor of di\anity and church history in the University of
St Andrews; that being advised, that ministers admitted
professors of divinity in any of the universities in Scotland,
have always been, and are entitled by the constitution to be
admitted members of the church judicatures in whose bounds
the universities lie, he applied to the Presbytery of St An-
drews to be enrolled a member, agreeable to their own prac-
tice in like cases ; and that, on the 1 0th of May current,
tlie Presbytery gave judgment, dela}ang the consideration
of the affair till their next ordinary meeting, in regard it ap-
peared to them to be a matter of great importance, which
may be attended yvith consequences that may much affect
the interest of religion in that corner. Against this sentence

The only question which the MS. Record mentions as havinc:
been raised was, " How far it was proper for the Synod to have
taken up this affair, and to have brought it immediately hefore the
Assembly? " instead of proceeding, by way of libel, to the sentence
of deposition, as enjoined by the act of 1739, respecting future se-
ceders from the Church.— See the former volume, pp. 9, 10.

160 ANNALS OF THE ASSEMBLY. [1758.

Professor Bro^vn appealed to the Assembly. Parties ap-
peared, and were heard ; Professor BroA\Ti himself, and Mr
Joseph Williamson, as his counsel ; and for the Presbytery,
Professor Shaw, and Mr James Gillespie. The Assembly,
A^ithout a vote, appointed the Presbytery to receive and en-
rol Professor Brown as a member at their first meeting.

On the 31st, the court took up a cause concerning the
settlement of an assistant and successor to Mr James Stew-
art, minister of Kilmory^ in Arran, in the Presbytery of
KintjTC. In February last, three ministers and their elders,
vv'ho then made a majority of the Presbytery, sustained a
presentation to this charge in favour of Mr. James Stewart
of Kilwhinlick, late minister in Bute.* From this sentence
Messrs John Macalpin and Archibald Macneil appealed to
the Synod of Argyle. Mr Stewart, the inciunbent, was not
present at this meeting of Presbytery, but as soon as he was
apprised of the sentence, he appealed to the Assembly. On
the 23d of March, the Presbytery di^dded ; the aforemen-
tioned Messrs ^lacalpin and Macneil, and Mr Gershom
Stewart, who was moderator, and is son of Mr Stewart, the
incumbent, on one side; and Messrs John Hamilton at
Skipness, Charles Stewart at Campbelton, and Robert Thom-
son at Killean, on the other side. Not^v^thstanding the
appeals, the three ministers last mentioned admitted Kil-
wliinlick in the church-yard, April 26, the other side having
taken possession of the church. The Assembly unanimously
declared the settlement to be void ; and found, that the three
ministers who had separated from the Presbytery, and ad-
mitted Mr Stewart, had acted so irregularly as to deserv^e
high censure ; and in regard Mr Hamilton at Skipness pre-
sided at that irregular meeting, suspended him from the
exercise of his ministry for three months from May 31, the
date of the sentence — empowering, however, the Synod of
Argyle, at their first meeting, to take ofi* the suspension for

* He had been minister of Kingartb, and his memory is still pre-
served in the traditions of Bute under the name of Master Shemus,
(James.) He forfeited his living by the following extraordinary
act. He had gone to give a woman, one of the tenants or cottars
on his estate of Kilwhinlick, (now called Stewarthall,) notice to
quit possession, and being a man of violent passions, he threatened
to set the house on fire unless she removed. She immediately
brought him a piece of burning peat, and told him he had better do
it then. He without hesitation set fire to the thatch, and the house
was buint to the ground.

1758.] CASE OF THE EDINBURGH CHURCHES. 161

the remainder of the time, if they see cause ; and appointed
the Synod of Argyle to call Messrs Robert Thomson at Kil-
lean, and Charles Stewart at Campbelton, before them, at
their first meeting, and in the Assembly's name to rebuke
them for their irregular conduct, and to send up an extract
of their minute, bearing their having done so, to the next
General Assembly ; and appointed the sentence to be inti-
mated from all the pulpits within the bounds of the Pres-
bytery of KintjTC, betw-ixt and the last day of July next.

On the 1 st of June, there came on a cause concerning the
settlement of the New ■"' and College Churches of Edin-
burgh. After the death of jNIr Logan, in 1755, Mr Blair
was translated from Lady Tester's to the College Church,
but was to continue to serve in Lady Yester's Church till
that parish should be pro\4ded in a minister. By a subse-
quent appointment of the Presbyter}^ March 2, 1757, before
5lr Blair's translation to the College Church had taken place,
he was translated to the New Church, but was still to serve
in Lady Yester's Church till the parish should be provided.
On the 26th of April 1758, f the Presbytery settled the other
vacancies in Edinburgh thus : — Mr Macqueen in the Old
Church, M^ith Mr Cumming ; Messrs Dick and Lundie in
the College Church ; Mr Robertson in Lady Yester's, and
Mr Erskine to succeed Mr Dick in the Xew Greyfriars.
But the Synod, on the 17th of May, appointed i\Ir Blair to
be settled in the College Church, and Mr Lundie in the

* Now called the High Church,
f So far back as the 15th August 1756, Messrs Daniel Macqueen
of Stirling, John Erskine of Culross, Henry Lundie of Abercorn,
and William Robertson of Gladsmuir, had been elected to supply
the vacant charges in Edinburgh, occasioned by the death of Messrs
George Logan, Robert Kinloch, James Bannatyne, and James Nis-
bet.— (See the former vol., pp. 297, 298, 316.) But on the 30th
March 1757, the Presbytery resolved not to proceed towards
their settlement till Whitsunday 1758, in regard it was necessary
to repair several of the churches, and particularly to take off the
roofs of the Old find New Greyfriars' Churches, which would not
only occasion an expense that the town-revenue could not bear, but
superseded the necessity of bringing in any new ministers, as the
ministers whose churches were repairing would, with very small
assistance from the Presbytery, be sufficient for supplying the va-
cancies. A motion was made in the Synod to review this deed of
the Presbytery ; but the four gentlemen chosen to supply the va-
cancies having declared, personally or by their friends, their acqui-
escence in what the Presbytery had done, the motion was dropt,

o 2

162 ANNALS OF THE ASSEMBLY. [^1758.

New. This judgment, which was carried by a majority of
only two votes, was appealed from to the Assembly. The
parties before the Assembly were, the to^^Ti-council of Edin-
bm-gh, and Dr Hugh Blair, appellants ; and the Synod of
Lothian and Tweeddale, respondents. On a motion made
to that effect, a committee was appointed to take this affair
into consideration, in order to accommodate differences.
This committee having met, a proposal was made by one of
their number, That the New Church should be made an
auditory, in which all the ministers of Edinburgh should
preach by turns ; and that the Lady Tester's and New Grey-
friars, the only uncollegiated churches in the city, shoidd be
collegiated. This proposal was transmitted to the town-
council, the ministers of the city, and other parties interested.
The town-coimcil was forthwith assembled, and passed an
act, bearing, That they were unanimously of opinion, that
the proposal was attended Avith many difficulties, and might
prove highly prejudicial to the interest of the city. An ex-
tract of this act was laid before the Assembly Committee,
as was likeAvise another paper of the foUoAving tenor : —
'• We, the ministers of Edinburgh subscribing, having con-
sidered the remit of the Committee of Assembly, are of
opinion, that the turning of the New Chm'ch into an audi-
tory, and coUegiating the other churches, might be attended
with very good consequences ; and do agree, that the same
shall be immediately caiTied into execution, provided Mr
Dick and Mr Limdie be appointed ministers in the New
Greyfi-iars' Church, Mr Walker and Mr Erskine in the Col-
lege Church, Mr Blair and Mr Robertson in the Lady
Tester's Church ; * without which destination we cannot
consent to an auditory at present, because we apprehend it
will not answer the good intended by the committee. And
we are further of opinion, that the scheme of an auditory
cannot at present take place with advantage, unless the other
parties interested give their consent. And Mr Walker, the
present minister of the New Chm-ch, signs this paper mth
his brethren, in confidence that they are the proper judges
who these parties are. (Signed) Johii Gleiiy Patrick
Cumingy George Wishari, Robert Wallace^ Ja. Steven-

* The object of this provision evidently was, to place together
as colleagues, men of kindred sentiments in religion and Church
policy.

1758.] MR NAIRN REPONED. 163

.voM, Ale.v. Webster^ Jo, Jardine, Hugh Blair, Robert
Dick, Geo. Kay, R. Walker." The committee reported
both papers to the Assembly next day. The project of
making the New Church an auditory coidd not take effect,
because parties would not consent ; the Assembly therefore
went upon the merits of the cause. After long reasoning,
the question was put. Reverse the sentence of the Synod, or
Not ? and carried Reverse^ 64 against 54. So that Dr Blair
is to be minister of the New Church, and Mr Lundie of the
College Church.*

On this day also, the Assembly disjoined Moneidie parish
from the Presbytery of Dunkeld, and annexed it to that of
Perth.

A petition for Mr Thomas Nairn, sometime minister at
Abbotshall, but who, on account of his secession from the
Church, was deposed by the Assembly 1 740, was read, (June
5,) bearing, That the petitioner was admitted to all Church
privileges by an act of the Presbytery of Kirkaldy, dated
May 2, 1751 ; and containing an acknowledgment of his
error in seceding from this Church, his promise and engage-
ment (by the strength of God) to walk orderly for the fu-
ture, and subject himself to the judicatures of this Church ;
and his earnest desire that the Assembly would take off the
sentence of deposition under which he had so long groaned,
and restore him to the exercise of his ofl&ce and duty. Mr
Nairn having been heard on the subject-matter of his peti-
tion, the Assembly, without a vote, agreed to grant the de-
sire of it, and accordingly took off the sentence of deposition
pronounced against him, and reponed him to the office of
the holy ministry in this Church ; which, in the Assembly's
name, was intimated to him by the moderator from the chair,
wdth suitable exhortations. In return, Mr Nairn made the
following speech : — " Moderator, I rejoice, bless God, and
thank the Venerable Assembly, that I am now eased of a
heavy burden, and heartily welcome the exhortation that
has been tendered to me from the chair ; and considering
the goodness of God, and the lenity and kindness that has

Mr Dick had taken an appeal against being placed in the Col-
lege Church, but he fell from it. The four new ministers, viz.,
Messrs Macquesn, Erskine, Lundie, and Robertson, were settled
according to the Presbytery's sentence thus affirmed, on the 15th
June following.

164 ANNALS OF THE ASSEMBLY. [1758.

been showed me from first to last, I cannot but lament that
I not only separated from all communion with the said ju-
dicatures, but also associated mtli others in a distinct and
opposite body, gathering a church out of a church or churches,
which, in the opinion of the best casuists, is schism by way
of eminence, which, though I formerly made light of, I am
now convinced is a grievous sin, as being contrary to cha-
rity, my own edification, the honour of Christ, and what
leads in even to heresy, and every evil work ; and therefore
I sincerely purpose, and shall endeavour, in the strength of
the Lord God, to walk orderly in time coming, in opposition
to all schism, division, and defection wdiatsoever ; and I
hope all that I have offended will endeavour the duty of
Ijrotherly forgiveness,"

There was transmitted to the General Assembly, from
the Committee for Overtures, a representation by the So-
ciety in Scotland for Propagating Christian Knowledge^
setting forth, " That by divers laws and acts of Parliament,
particularly the 17th act of the Parliament 1646, and 26th
act of the Parliament 1696, it is statute and ordained, that
there be a school settled, and a schoolmaster appointed in
every parish ; and for that effect, that a commodious house
be provided for a school, and a salary modified for the
schoolmaster, not under 100 merks, nor above 200 merks,
to be paid by the heritors and liferenters, according to their
valuations, and to be laid on and uplifted in manner men-
tioned in the foresaid acts : And particularly by the said
acts it is provided. That if the heritors of the parish shall
not convene and agree amongst themselves anent the pre-
mises, that the commissioners of supply, or any five of
them, upon application from the Presbytery, shall have
power to settle a school, and modify a salary to the school-
master, as aforesaid. That, notwithstanding of the above
quoted, and other acts of Parliament, as well as several acts
of the Privy Coimcil of Scotland, to the same purpose, the
Society in Scotland for Propagating Christian Knowledge,
are sorry to find, that in no less than 175 parishes, within
the bounds of 39 Presbyteries, where the society's schools
are erected, parochial scJiools are not yet erected, and of
these parishes the society have given in a list, founded on
the information of the Presbyteries in which the parishes
lie. The society are extremely sensil^le, that it would be
improper for them to point out to the Assembly the fatal

1758.] STATE OF PARISH SCHOOLS. 165

consequences of this neglect ; these must occur to every
person who considers of how much consequence it is to
train up the youth of this, or of any country, in learning
and Christian knowledge. The society are also unwilling
to suggest to the Assembly, to what causes, at least in some
places, this neglect may be o^ving. They are sorry to say,
that those for whose benefit this salutary regulation was
principally designed, are not always so ready and willing
as they ought to be, to caiTy it into execution, although the
burden it lays upon them is so extremely small, as to bear
no proportion to the benefit derived from it. The society
have done every thing in their power to have this neglect
remedied ; so far as their influence has reached, they have
excited all concerned to comply Avith so reasonable a de-
mand ; they have done more, they have threatened to with-
draw their charity schools from those parishes who neglect
or refuse to provide parochial ones ; they have passed an
act to that purpose, and have notified the same to every
Presbytery where their schools lie. It was never surely
the intention of the donors, nor of the Society for Propa-
gating Christian Knowledge, to substitute their charity
schools in place of parochial schools, ivhich are by law ap-
pointed to be established through the whole country. It
Avill easily occur to the Assembly, that there is work enough
for both. As it is but too certain, that in many places the
heritors are backward in raising and establishing parochial
schools ; and as by the acts ah-eady quoted in every case
when that happens, the remedy is by an application from
the Presbytery to the commissioners of supply, the Society
in Scotland for Propagating Christian Knowledge thought
it their duty to apply to the Assembly, that, by their autho-
rity, it may be recommended to every Presbytery through
Scotland to inquire, whether or not a parochial school is
established in every parish Avithin their bounds ; and in
every instance where that shall not be found to be the case,
that an immediate application be made by the Presbytery
to the commissioners of supply, to have a parochial school
forthwith established in that parish : And as they conceive
this afi*air to be of the last consequence to the interests of
learning, rehgion, and virtue, and to the peace and pros-
perity of the country, the society beg leave further to sug-
gest, that the result of the above inquiry and requisition be
forthAA-ith notified to the procurator and agent for the
Church, that under their direction a process may, in name

166 ANNALS OF THE ASSEMBLY. [1758.

of the particular Presbytery, and of the procurator, be, in
case of necessity, immediately commenced, for having a
school erected in that parish, and that the expense of these
processes, which cannot be considerable, as the law is clear,
and as one summons mil do for all the parishes within the
same Presbytery, may be defrayed out of the Church's
funds." The General Assembly having heard the said re-
presentation read, with the opinion of the committee for
overtures thereupon, do hereby appoint the several Presby-
teries of this Church to inquire whether or not a pa7'ochial
school is established in every parish in their bounds^ and,
where such schools are wanting, the Presbyteries concerned
are hereby appointed to make application to the commis-
sioners of supply for having parochial schools, with legal
salaries, erected in every parish, as the law directs. And
the General Assemhly appoint the j^t'ocurator and agent
for the Churchf at the public charge^ to commence and
carry on all processes necessary for having the laws re-
specting jmrochial schools put in execution.

The General Assembly, in respect few Presbyteries have
sent up answers to the overtures transmitted by last As-
sembly, agreed again to transmit the said overtures to such
Presb\^eries as have neglected to send their opinions there-
on, to the end they may send up the same to the next Ge-
neral Assembly.

The overtures are : —

1st, Overture anent ministers making agreements -with
their heritors concerning the extent of their stipends.

2d, Overture anent the more speedily supplying of vacan-
cies.

3d, Act and overture anent simoniacal practices.
The report of the committee for re\4sing commissions
brought in, representing that the commission from the Pres-
bytery of Kintyre, bears, that that Presbytery, on the 3d of
March, elected Mr John Hamilton, minister at Saddil, as
one of their commissioners to this Assembly, but at an after-
meeting, elected Mr Gershom Stewart, minister at Kilbride,
in regard Mr Hamilton had, since his election, laid himself
open to censure. The opinion of the committee for over-
tures on the above report,'"' that the said commission lie upon
the table until a cause that comes fi'om that Presbytery to
the Assembly be judged in, appro ven; and agreed that

* See p. 160.

17.58.] QUALIFICATIONS OF MEMBERS. 167

neither Mr Stewart nor Mr Hamilton stand on the roll till
that cause be determined.

The remark made on the commission from the Presby-
tery of Kintyre, as mentioned in the minutes of last meet-
ing, concerning the election of Mr John Hamilton and Mr
Gershom Stewart considered. Mr Hamilton found to be
the member duly elected ; and that it was not competent
for the Presbytery, at an after-meeting, to alter that elec-
tion ; but, in respect of his suspension, that he is deprived
of his privilege as a member.

The commencement of the six months allowed to the
patron for presenting a qualified person to be minister of
the parish of Oxnam^ declared to be from the 14th day of
May current.

A sentence of the Synod of Glasgow and Ayr, authoris-
ing the erecting of a second and separate session in the
town of Paisley^ reversed ; and the erecting of a new or
separate session for the High Church of Paisley, till that
part of the town shall be legally disjoined, and formed into
a separate parish, prohibited.

TJie report of a committee named by the Commission in
November last, to take proper measui-es for ha^^ng the mi-
nisters of this Church reheved of the tax upon window lights^
brought in and read, bearing their having made application,
for the purpose above mentioned, to persons of power and
interest, both here, by waiting on them, and at London, by
letters, and put into their hands, or transmitted to them, a
memorial upon that subject ; but though they have reason
to believe that these applications have met with a very fa-
vourable reception, what the issue may be, cannot as yet be
determined. This affair remitted to a committee, who are
authorised to take the most prudent measures, and make
such applications, as may be most proper and expedient for
obtaining an explanation of the law upon this subject, in
order to the relief of the ministers from the said tax, pro-
vided that no expense in making such application be laid
upon the public funds of the Church, without the authority
of the Commission.

The report of the committee appointed by the last Gene-
ral Assembly, for considering the law^s respecting the elec-
tion and qualijications oj* members of Assembli/, and fixing
the forms of commissions, and attestations thereof, given
in, and a committee named to receive what has been pre-
pared by the committee of last Assembly, hear and consider

168 ANNALS OF THE ASSEMBLY. p758.

what they have further to lay before them on this subject,
ripen the whole affair, and report to the Commission.

An excuse for the Procurato7\ why he could not attend
this Assembly, as being necessarily detained by business at
London, offered and sustained, and the Commission em-
powered to receive and pass his accounts.

A complaint for Mr jEneas Sage^ minister at Lochcar-
ron^ against the committee for bills, for not transmitting an
appeal taken by him from a judgment of the Sjmod of
Glenelg, pronounced in a cause depending before them,
betwixt the complainer and Mr ^neas Macaulay^ minis-
ter at Applecross^ relating to a sermon preached by Mr
Macaulay, against which the complainer had exceptions,
refeiTed to the Commission at their meeting in November
next, and the clerk to the Synod of Glenelg strictly enjoin-
ed, betwixt and that time, to transmit all the proper ex-
tracts relative to that process.

The report of the committee for overtures^ respecting the
overtures transmitted by the Assembly 1756, and preceding
Assemblies, classed by the clerks by appointment of last
Assembly, brought in and approven, and all these overtures
superseded, excepting the one which relates to Presbyteries
neglecting to send up their opinion concerning ovei;tures
transmitted to them, which is retransmitted.

A letter from the Prince of Saarbruck, recommending
an application by the refonned congregation at Saarbruck,
for a collection to be made in this Church for the relief of
the said congregation, to enable them to pay the debt they
had contracted for building a church, with the opinion of
the committee for overtures thereon, read and ordered to lie
on the table till next Assembly, and the moderator appointed
to write a return to the said letter from the Prince of Saar-
bruck.

A sentence of the Presbytery of Dunse, appointing a day
for the moderation of a call to Mr WilHam Hume, minister
at Polwarth, his Majesty's presentee, to be minister of i^o^o,
affirmed, and the Presbytery appointed to proceed to the
transportation of the said Mr William Hume from the pa-
rish of Polwarth, and his settlement as minister of the parish
of FogOc

A presentation and call in favour of Mr Da^dd Mac-
Lellan, probationer, to be minister of the parish of Beith^
sustained, and the Presbytery of Irvine appointed to proceed
to his trials and settlement as minister of that parish.

17.38.] MISCELLANEOUS BUSINESS. 169

An appeal by Dorothea Lady Dowager of Forbes, from
a judgment of the Synod of Aberdeen, dismissing an appeal
taken by her, from a sentence of the Presbytery of Alford,
admitting Mr James Macwilliam as minister of the parish
of Forbes^ heard ; the sentence of last Assembly, appointing
the said Presbytery to proceed to Mr Macwilliam's settle-
ment, as minister of that parish, read, and the said settlement
affirmed.

The report of the committee for revising the proceedings
of the committee named by last Assembly, for managing the
Royal Bounty^ bearing, as their opinion, that Mr Blair, mi-
nister at Kingussie, sliould be struck off the scheme ; and a
proposal for applying part of the royal bounty for educating
of students, having the Irish language, in the Synod of Glen-
elg, brought in and read. What concerns Mr William Blair
remitted to the committee to be named by this Assembly for
managing the Royal Bounty ; and the said proposal remitted
also to the foresaid committee, and they enjoined to take
care not to employ any part of the Royal Bounty, otherwise
than in terms of the royal grant.

The Commission empowered, in the event of a question
presently depending in the Comi; of Session, anent the pa-
tronage of Hutton being determined, to take in, cognosce,
and finally determine in any reference or appeal that shall
regularly be brought before them, relative to that settle-
ment.

Protestation admitted, at the instance of the Presbytery
of Abertarff, against his Grace the Duke of Gordon, and
his tutors, and Mr Alexander JMurray, preacher of the Gos-
pel, for not insisting in an appeal taken by them, from a
sentence of the said Presbytery, rejecting a presentation by
his Grace the Duke of Gordon in favour of the said IMr
Murray, to be minister of the parish of Laggan.

The Assembly rose June 5th.

The Commission met on Tuesday, June 6, when they
took under consideration an appeal taken by the elders and
communicants in the bounds of the Presbytery of Dornoch,
from a sentence of the Synod of Sutherland and Caithness,
which discharged fellowship-meetings of the ministers and
people, that had been usually held in that comer on the
Fridays before the celebration of the Lord's Supper. After
hearing parties, and reasoning, the Commission agreed, with-

p

170 ANNALS OF THE ASSEMBLY. [1758.

out a vote, to set aside the acts of Synod which prohibited
those meetings ; to allow every minister to attend them or
not, as he shall see cause ; and to recommend to all of them
to take such measm-es as may prevent any inconveniencies,
and to follow such methods as may best promote the great
ends of peace and edification.

November Commission.

The Commission, " highly sensible of the many causes
we in this nation have at this time for solemn thanksgi^dng
and fervent prayer to Almighty God, recommended to the
several Presbyteries, to set apart such a day for those reli-
gious acts as they should respectively judge most conve-
nient." *

* Accordingly, Thursday, Dec. 28, was observed in Edinburgh,
in pursuance of an act of Presbytery, dated Dec. 20 ; the preamble
of which recites the grounds of thanksgiving and prayer thus : —

" It is but lately that a threatened famine gave us the justest
alarm ; and the melancholy effects of scarcity were felt by many,
and known to all. But, in our extremity, the Lord prevented us
with his mercies. By his blessing, our land .has yielded increase ;
he has opened his liberal hand ; he has relieved the poor, and made
the widow and the orphan sing for joy.

" For some years past, we have been engaged in a just and ne-
cessary war wth France. That mighty and fraudulent power had
prevailed in several attempts against us ; but, amidst our anxieties
and fears, a gracious Providence interposed, and was pleased lately
to crown his Majesty's arms mth remarkable success at Louisburg,
St John, Fort Frontenac, Senegal, and Cherburg, besides many
advantages obtained at sea.

" And, on this occasion, we cannot fail to reflect on the state of
affairs in Germany. There our most illustrious ally, the King of
Prussia, and in him the Reformed religion, and the liberties of Eu-
rope, have been attacked by a most unnatural combination of the
greatest powers on the continent. But the Lord has been his
helper. He has honoured him with many signal victories ; and has
made his enemies, even in their greatest pride of heart, to turn back
as ashamed.

" Nor can we forbear to remind all around us of the peculiar
goodness of God to these lands ; in that, amidst the tumults and
devastations of war, severely felt by our friends in America, Ger-
many, and other places abroad, we have enjoyed the precious
blessings of liberty and peace.

" But the danger is not yet over. By several checks and dis-

1759.] CASE OF LOGIE. 171

Assembly 1759.

The General Assembly met on the 24tli of May. Charles
Lord Cathcart was his Majesty's Commissioner ; and Dr
George Kay, one of the ministers of Edinburgh, was chosen
Moderator.

The only settlement before them Avas that of Logie^ in
the Presbytery of Dumblane. INIr Patrick Duchall, the last
incumbent, died on the 5th of May 1758. Both the Earl
of Dunmore, and Mr John Erskine of Carnock, advocate,
pretended to be patrons of the parish. A presentation from
each, in favour of Mr James Frame^ preacher at Alloa, with
Mr Frame's letters of acceptance, was given in to the Pres-
bytery, Sept. 19. That from the Earl, signed by George
Ross, Esq., his acting trustee, was dated Aug. 3, and that
from Mr Erskine was dated Sept. 15. One elder, for him-
self and his brethren, protested against both presentations.
Mr Frame having afterwards got an offer of a presentation
to another parish, where he expected to be more serviceable
to religion, and to enjoy more peace and comfort, a renun-
ciation of both his presentations to Logic was given in to the
Presbytery, Dec. 26. Next Presbytery, Feb. 13, 1759, a
petition was presented, signed by several heritors, and all
the elders, craving a moderation of a call to Mr William
Cruden* minister of Logie and Pert^ in Angus, the right
having devolved on the Presbytery, as was alleged, by the
lapse of more than nine months from the death of Mr
Duchall. But the Presbytery being told, that there was
good reason to believe Lord Dunmore would present another
person so soon as he heard of Mr Frame's renunciation, de-
layed giving any dehverance on the petition till next meet-
ing. From this resolution three ministers dissented. Next
Presbytery, March 27, two presentations were given in ;
one by Captain Robert Haldane of Plean, (to whom Mr
Erskine had disponed his right,) in favour of the aforemen-
tioned Mr Cruden, dated Feb. 10, accepted Feb. 27, and

appointments, Providence forbids us to boast ; and calls us to apply
ourselves to him, who is the Lord of hosts, great in might, and
strong in battle.

" On all these accounts," &c.

* Mr Cruden resigned his living some years after, and became
minister of a Relief Chapel in Glasgow.

172 ANNALS OF THE ASSEMBLY. [1759.

intimated to the moderator of the Presbytery, March 10 ;
and the other, by Mr Ross, for the Earl of Dunmore, in fa-
vour of Mr James Wright^ probationer, dated March 15.
The Presbytery referred the affair to the Synod of Perth and
StirHng, who, April 19, found, without a vote, that the time
allowed by law to patrons to present to vacant parishes was
expired before either of the presentations was offered to the
Presbytery, and that the power of settling the parish was
fallen into the hands of the Presbytery, jure devoluto. —
Against this sentence Lord Dunmore appealed to the As-
sembly. For his Lordship (for whom Messrs Joseph Wil-
liamson and John Maclaurin were counsel,) it was pleaded,
That by the act 10 Anne^ the patron's right devolves on the
Presbytery, only in case he neglect to present a qualified
person for six months after the vacancy happens ; that the
act 5 Geo. L, upon a narrative, " That great obstructions
had been made to the planting of vacant churches," further
provides, " That if any patron shall present any person to
a vacant church who shall not be qualified, &c,, or who shall
not accept, &c., within the said time, such presentation
shall not be accounted any interruption of the course of
time allowed to the patron for presenting, but the Jus devo-
lutum shall take place as if no such presentation had been
offered ;" that from these statutes it is clear, that a presen-
tation to a qualified person, and his acceptance, interrupts
the com*se of time allowed for presenting ; and that there-
fore, as it is the effect of every interruption to make the
course of prescription begin anew, a patron has six months
to present after the death, renunciation, or refusal of his
presentee by the church, as well as after the death, demis-
sion, or translation of a settled minister. It was pleaded on
the other side, for whom Mr Da-sdd Rae was coimsel. That
patronages are not the objects of favour, though established
by law, and therefore the laws relative to them are to be
strictly interpreted ; that the act 7 Ja. VL, 1567, provides,
" That in case the patron presents ane person quahfied to
his understanding, and, failing of ane, another, within the
said six months, and the said superintendant or commis-
sioner of the kirk refuses to receive and admit the person
presented, it shall be leisome to the patron to appeal," &c.,
Avhich clearly supposes, that not only the first presentation,
but any subsequent ones, should be given within the six
months ; that the clause of the act 5 Geo. I., above recited.

1759.] CASE OF LOGIE. 173

shows, that the six months should not be interrupted in the
cases mentioned, but it is not to be from thence positively
concluded, that where a presentee accepts, and afterwards
renounces, a legal interruption is made, as it is evidently the
sense of the Legislature to limit the exercise of patronages
witliin the strictest bounds ; that, in the present case, even
supposing the time between the lodging of Mr Frame's pre-
sentation and his renouncing it, i. e., from Sept. 19 to Dec.
20, should be deduced, there ^vould be seven months and
fifteen days from Mr Duchall's death, May 5, to ^larch 27,
when Mr Wright's presentation w^as offered; that Lord
Bankton, in his late Institute, vol. ii., p. 25, expresses him-
self thus : — " The i-ule is, that if the patron present one le-
gally qualified, who duly accepts the presentation ^vithin the
six months, he saves his pri\alege ; and if the person pre-
sented shall be refused by the Church judicatures, he has the
residue of the six months that remained at the time of his
first presentation to present another ;" and that if six months
was to be allowed from the time of a presentee's renuncia-
tion, a parish might be kept vacant for ever by a patron,
y\ii\i the connivance of successive presentees. The argu-
ments urged by either party from expediency, it is unneces-
sary to mention. There were long pleadings on the affair
on the 28th ; and next day, after long reasoning, the ques-
tion was put. Affirm, or. Reverse the aforementioned sen-
tence of the Synod ? and carried Reverse, 59 to 48. The
Assembly, therefore, remitted to the Presbytery to proceed
to the settlement of the parish according to the rules of the
Church ; and empowered the Commission to determine
finally in any appeal that shall be regularly brought before
them relative to that settlement.

On an overture from the Synod of Perth and Stirling,
That the Assembly should class the missions and catechists
on the roi/al bounty into three divisions, and appoint two
ministers for visiting each, who should sign an attestation
on the place, how far the missionaries or catechists act up
to their instructions, or are proper to fulfil them, a commit-
tee was appointed. May 30, to consider that overture, and
propose any scheme that would answer in the most effectual
manner the ends of the royal bounty, who next day reported,
That they saw no necessity at present for appointing such
visitors ; but overtured. That so long as his Majesty should
p 2

174 ANNALS OF THE ASSEMBLY. f 1759.

be pleased to continue his royal bounty, tlie purpose of it
might be more effectually answered, if it were applied partly
for making new erections ; and that the Assembly should
appoint a committee to prepare a memorial to this purpose
to be laid before the next Assembly, and apply to the Com-
missioner for his good offices, in order to obtain an alteration
in the terms of his Majesty's grant, so far as to extend the
application of it to the making new erections of parishes, as
well as employing itinerant preachers and catechists, as shall
appear to the Assembly most proper for answering the pious
end of his Majesty's grant. A committee was accordingly
appointed ; and the moderator having applied to the Com-
missioner, his Grace was pleased to midertake to use his
good offices, for which he received the thanks of the As-
sembly.

Two overtm-es transmitted to Presbyteries by the Assem-
bly 1756, and one by the Assembly 1757, were passed into
acts. May 30. The first enacts. That no minister shall make
any composition with his heritors^ with respect to obtaining
a decreet of modification and locality for his stipend, but at
the sight, and with the ad^dce and consent of his Presbytery.
The second. That Presbyteries shall be asked, by Synods, at
the privy censures, Whiat vacancies ai'e in their bounds ?
of how long continuance they have respectively been ? and
the reasons why they are not supplied ; and the Synod, if
they find any Presbytery dilatory after the nght of planting
a parish has by law fallen into their hands, shall enjoin them
to proceed to the settlement without further delay. And the
third. That the act 1753, against simoniacal jjvactices^ and
the explanation of that act overtured by the Assembly 1757,
be printed together among the acts of this Assembly. On
the 1st of June, an overtm*e of an addition to the first of
these three acts, was agreed to be transmitted to Presbyteries
for their opinion, against next Assembly. The act, with the
addition, is as follows : — " That, in all time coming, no
minister shall make any composition or agreement ^vith his
heritors, or any others, vdih. respect to obtaining a decreet
of modification and locality for his stipend, or with respect
to his glebe, grass, or any other emoluments to which a mi-
nister has or may have right, but at the sight, and ^Adth the
advice and consent of the Presbytery of the bounds, under
the pain of such censure as the Presbytery of the bounds

1759.] QUALIFICATIONS OF MEMBERS. 175

shall think proper to inflict ; and that no minister shall enter
into any agi-eenient, or accept of any payment of his stipend
inconsistent with the decreet of modification and locality, or
use and Avont of payment, without an acknowledgment in
writing obtained from the heritor or heritors, produced to
the Presljytery, and such acknowledgment inserted in the
Presbytery records."

A committee appointed by the Assemblies 1757 and 1758,
to consider the laws relating to the election and qualifications
of members of Assembly, gave in (May 31,) an

Overture of an Act and Rules concerning the Election
and Qualijications of Members of Assembly.

The General Assembly, considering that the acts respect-
ing the election and qualifications of members of Assembly
are very much scattered, having been made on different oc-
casions, and therefore are not sufficiently attended to, and
that difficulties and disputes have often arisen in the appli-
cation of them; do therefore, in place of all former acts
concerning the election and qualifications of members, and
forms of commissions to them, and attestations thereof, which
are hereby declared to be repealed, enact and ordain as fol-
lows : —

That the representation of the several Pres1)yteries of this
National Church in its General Assemblies, shall hold pro-
portion to the number of parishes within each Presbytery,
in manner follomng : That is to say. Presbyteries consisting
of twelve parishes, or under that number, shall send two
ministers and one ruling elder ; Presbyteries of above twelve
and not exceeding eighteen, shall send three ministers and
one ruling elder ; Presbyteries of above eighteen, and not
exceeding twenty-four, shall send four ministers and two
ruling elders ; Presbyteries of above twenty-four, and not
exceeding thirty, shall send five ministers and two niling
elders ; and Presbyteries of above thirty, shall send six mi-
nisters and three ruling elders : And it is hereby declared,
that collegiated churches, where there are in use to be two
or more ministers, are, so far as concerns the design of this
act, understood to be so many distinct parishes.

That it shall not be lawful for any Presbytery, university,
or borough, the Presbyteries in the western and northern

176 ANNALS OF THE ASSEMBLY. [1759.

isles excepted, to choose their commissioners sooner than
seventy days preceding the first day of the meeting of the
Assembly ; and all Presbyteries, universities, and boroughs,
without exception, shall make their election at least forty
days before the first day of the meeting of the Assembly,
and shall appoint the day of election by an order to be en-
tered into their minutes at a lawful meeting, at least ten
free days before such election, and shall make their respec-
tive elections betwixt the hours of twelve and four after-
noon.

That Presbyteries shall elect no missionary minister, nor
any minister who is not a constituent member of the Pres-
bytery ; and no elder shall be chosen by any Presbytery but
one who either does usually reside, or is an heritor on the
cess-roll, or has formerly resided, and officiated as an elder,
within their bounds : That universities shall choose such
only to be their representatives as are members of that imi-
versity by whom they are chosen : That no minister or
elder shall be chosen by any borough but one w^ho either at
present officiates, or hath formerly officiated, as a minister
or elder in that borough, or in the bounds of the Presbytery
where the borough lies, or is a residenter or heritor in that
borough, or an heritor on the cess-roll in the bounds of that
Presbytery.

That all commissions from Presbyteries, universities, and
boroughs, shall bear, that the elders have signed the formula
prescribed by the 11th act of Assembly 1694; and instead
of a general clause, " That they are every way qualified
according to the acts of Assembly," the commission shall
contain the particular qualifications of elders as follows : —
" That they are mindful of the duties of their office, are
circumspect in their walk, religiously observe the Lord's
Day, regularly attend on divine ordinances, and duly regard
the public and private worship of God." Provided always,
that in case the commission does not mention that the elders
have subscribed the formula, act 11, Ass. 1694, they shall
be allowed to supply this defect, by subscribing it in pre-
sence of the Assembly, or of a committee appointed by them,
or by instructing to the Assembly that they have already
subscribed to it."

* By act 11, Ass, 1694, a commission of fifty ministers and
twenty-five ruling elders were appointed to take under consider-

1759."| QUALIFICATIONS OF MEMBERS. 177

That all commissions from Presbyteries, after they are
written out and extracted, and before they are put mto the
hands of the commissioners, shall be read m presence ot
the Presbytery, and re>'ised by them ; and it shall be at-
tested by the moderator or clerk that this was done.

That no commissions from royal boroughs to their repre-
sentatives in the Assembly shall be sustained, but such as
shall be attested by the ministry and kirk-sessions ot the
borough, and also by the Presbytery of the bounds ^^^thln
which the borouoh lies: And every commission from an
university, in order to its being sustained, shall carry along
with It an attestation from the Presbytery of the bounds
within which the university lies ; which attestations of com-
missions from boroughs and universities shall be m the torm
after mentioned. But it is hereby provided, that if a kirk-
session or presbytery shall refuse their attestation to a com-
mission from a borough or university, they shall assign the
reasons of their refusal, to be laid before the Assembly, and
iudoed of by them ; and if either they assign no reasons, or
these be judged insufficient by the Assembly, the commission
shall be sustained, as if it had been duly attested.

Aoreeably to the foregoing rules, the General Assembly
do hereby appoint and ordain the following forms of com-
missions and attestations * to be punctually observed by

ation such affairs as the Assembly should commit to them ; and
were empowered to receive into ministerial communion such ot the
late conform ministers as, having qualified themselves according to
law, should apply personally to them, one by one, duly and orderly,
and should acknowledge, engage, and subscrioe, upon the end ot the

Confession of Faith, as follows, viz. :— " I, , do sincerely

own and declare the above Confession of Faith, approven by former
General Assembhes of this Church, and ratified by law m the year
1690 to be the confession of my faith, and that I own the doctrine
therein contained to be the true doctrine, which I will constantly
adhere to ; as likewise, that I own and acknowledge Presbyterian
government of this Church, now settled by law, by kirk-sessions,
presbyteries, provincial synods, and general assembhes, to be the
only government of this Church, and that I will submit thereto,
concur therewith, and never endeavour, directly nor mdirectly, the
prejudice or subversion thereof; and that 1 shall observe unitor-
mity of worship, and of the administration of all public ordinances,
within this Church, as the same are at present pertormed and al-
lowed.'' .

* These forms of commissions and attestations have been super-
seded by others of more recent date.

3 78 ANNALS OF THE ASSEMBLY. [1759.

presbyteries, kirk-sessions, universities and boroughs re-
spectively, in all time coming ; with certification, that every
commission not agi-eeable to the above rules, and attested
exactly and in express words according to these forms, shall
be rejected, and the persons therein named shall not be ad-
mitted members of the Assembly.

The preceding paper having been read, some members
proposed to transmit it to Presbyteries, and others that it
should lie on the table till next Assembly. After long rea-
soning, the question was agreed to be put. Whether it should
lie upon the table till next Assembly, or if the Assembly
should consider it now ? and the vote being stated. Proceed
or Delay ? it earned Proceed ; and the Assembly agreed to
enter upon it next day.

Next <lay, the Assembly approved of this committee's di-
ligence, and thanked them for the care and labour they had
taken. In reasoning on the afi*air, members were divided
in their opinion, concerning that part of the overture which
allows royal boroughs to choose either ministers or ruling
elders as their commissioners to the Assembly^'''' whether this
clause should be transmitted to Presbyteries with the rest
of the overture, or if it should be set aside, or referred to
the Commission to be considered by them, or otherwise be
reserved as the subject of further deliberation. At last, it
was unanimously agreed to transmit the overture in all the
other parts of it ; and concerning this part of it, to put the
question. Whether to transmit it or Not ? it being under-
stood, that if it canied Not, the Assembly would then con-
sider what other resolution they should come to concerning
it. The question being stated. Transmit or Not ? it earned
Transmit, 52 to 50. Accordingly, the whole overture was
transmitted to Presbyteries, in order to their sending their
opinions of it to next Assembly, whether or not it should
be passed into an act.

A memorial from the Synod of Glasgow and Ayr was

* This clause excited great jealousy among the laity of the
Church. Soon after the rising of the Assembly, a letter appeared
in opposition to the proposal, addressed to the Convention of Royal
Boroughs, and calling upon them to make an act, discharging bo-
roughs to elect ministers as their representatives to the Assembly.
The Convention accordingly passed an act to that effect on the 11th
July.

1759.] COMPLAINT AGAINST SUNDAY POSTS. 17J)

presented to the Convention of the Royal Boroughs which
met at Edinburgh in the end of April, to consider of the
alteration proposed to be made iyi the course of the post ;
bearing, inter alia, that the Synod had been informed, that
by the alteration proposed, the post would come into and
return out of Glasgow, Hamilton, Paisley, and several other
trading tow^is in Scotland, on the Lord's Day : That the
Synod could not, without the deepest concern, reflect upon
the blow which would by such a scheme be given to reli-
gion, not only in all those populous places, but also (through
the natural contagion of every bad custom,) in other parts
of the nation : That in a little time many of our trading
people would get into a habit of absenting from public wor-
ship, some part, if not the whole, of the day : That if they
read their letters before going to church, their minds would
be distracted with worldly thoughts, and if after coming
home from church, what good impressions could be sup-
posed to remain of what they had been about ? and what
room for the more private exercise of rehgion in the family
and the closet ? and that, besides, many indecencies w^ould
ensue, such as hurrying to and fro upon the streets, servants
and porters caiTying messages, people standing together in
the streets in crowds, or meeting in coffee-houses or taverns,
avowedly on business, and in a little time (the infection
spreading) the lower people filling the streets and places of
public resort, so that all decency, mth respect to the observ-
ance of the Lord's Day, would be at an end : * The S}Tiod
therefore beseech, in the most earnest manner, every person
and society in the nation to endeavour to prevent so perni-
cious a design. A copy of this memorial was laid before
the committee for overtures; and the members from the
Synod were instructed to move, that the affair might be re-
presented to the Assembly. The members from the S}Tiods
of Perth and Stirling, and Angus and Meams, concurred in
the motion for representing this matter, as affecting also the
towns of Perth, Stirling, and Dundee. On report of the com-
mittee, the Assembly, June 1, appointed a committee to take
the memorial into consideration, and to do all in their power

The religious public of Edinburgh were greatly scandalised this
year by the Gazette Extraordinary, containing an account of the
battle of Minden, being printed and sold publicly on the streets on
Sunday, the 12th August.

180 ANNALS OF THE ASSEMBLY. [1759.

to prevent any hurt that might arise to the interests of reh-
gion should the proposed alteration take place ; this com-
mittee to meet in the Assemhly House immediately after the
rising of the first diet of the Commission, and to advertise
in the Edinburgh newspapers the times and places of their
after meetings.

On the 4th of June, a petition of Mr Christian Lewis
Finne^ chaplain to the King of Prussia, and minister of the
Reformed Church at Crossen, in Silesia, formerly at Breslau,'^
setting forth the misery and distress the citizens of Custrin,
and the inliabitants of the New March of Brandenburg, are
reduced to by the hostilities of invading Russians, who burnt
their churches, plundered their habitations, and consumed
their substance, and pra}4ng for such method of relief as the
Assembly's goodness and humanity should suggest, was or-
dered to lie upon the table till next Assembly.

The report of the window-ta.i' committee was read, bear-
ing, That they had applied to several noblemen and gentle-
men, members of both Houses of Parliament, who declared
their readiness to promote any habile method for easing the
ministers of that burden, but thought it improper to apply
at this time for a Parliamentary relief; and that the com-
mittee hoped such measm-es might be thought of as would
in the interim have the same happy effect. The Assembly
thanked the committee for their care, and renewed the for-
mer powers gTanted to them.

There was transmitted to the General Assembly from
their committee for bills, a representation and petition by
the Pro\4ncial Synod of Ross, setting forth. That the said
Synod consists only of three Presbyteries, which are made
up of twenty-five parishes : That the bounds, however, are
very spacious, and interjected by branches of the sea, where
the crossing of ferries, especially about the time of the Sy-
nod's meetings, which happen to be about the seasons of the
equinoctial stomis, makes the attendance of members both
dangerous and precarious : That there have been instances
more than once, and one at the very last meeting of S}Tiod,
when all the members of a Presbytery have been stopt at
ferries, and their design of attending disappointed, whereby
it frequently happened that in some cases the sentence and

* See the former volume, p. 343.

1759.] MEETINGS OF THE SYNOD OP ROSS. 181

decree of the Synod was only the deed of one Presbytery,
the other being removed as parties, and the third almost or
altogether absent : That of late years business has not been
throng, so that two Synodical meetings yearly have been held
more for form's sake, and in obedience to the Assembly's
act, than for real necessity. For which causes, and several
others too tedious to be enumerated, the said S}Tiod have for
a long time had under deliberation, and at length at the last
meeting which held in April, determined and appointed,
that an application should be made to this Assembly for an
act repealing the former act, which appointed the Synod to
meet twice annually, viz., once in September, and again in
April ; and instead thereof, that the annual meeting of the
SjTiod of Ross should be appointed to hold yearly upon the
second Tuesday of the month of May, which the S}Tiod are
encouraged to insist for, and hope, not only for the onerous
causes above mentioned, but because also the same is the
case with the two adjacent Synods of Caithness and Glenelg,
the correspondents of which Synods might, with great pro-
priety and conveniency, attend the Synod of Ross, in their
way to the General Assembly, their annual meeting holding
only in the month of July. And therefore prapng the As-
sembly would take the premises under their consideration,
and appoint the said Synod to hold but one meeting an-
nually, and that upon the second Tuesday of May : Which
petition being read, with the opinion of the committee for
bills thereupon, the General Assembly did, in tenns thereof,
and hereby do, repeal the act of Assembly appointing the
Synod of Ross to meet tmce in the year, viz., in the months
of April and September ; and the General Assembly do ap-
point, that in time coming the said S}Tiod meet once in the
year, and that on the second Tuesday of May yearly.

There was transmitted to the General Assembly from the
committee for bills, a petition by the Synod of Lothian and
Tweeddale, bearing, that it was found very inconvenient to
have their meetings in IMay, sometimes on the second Tues-
day, and at other times on the third Tuesday of that month,
therefore praying that their meetings after this might be
fixed on the first Tuesday of May : Which petition being
read, u-ith the opinion of the committee for bills thereon, the
General Assembly unanimously agreed to grant the desire
thereof, and accordingly do appoint, that in the month of

182 ANNALS OF THE ASSEMBLY. [\759.

May the Synod of Lothian and Tweeddale shall meet in
time coming on the first Tuesday of that month.

A representation by Mr David Thomson, minister at Gar-
gunnock, bearing his having waited on the reverend the de-
puties of the Provincial Synods of South and North Hol-
land^ before leaving that country : That they enjoined him,
in a very particular manner, to ofi«r their most affectionate
compliments to the General Assembly of this Church, and
to represent to them how agreeable it was to the Belgic
Churches, their having so generously concurred with them
by a general collection, to promote and advance an under-
taking wherein the interests of the Protestant religion, as
well as that of the British nation, were so deeply concerned ;
that they were affected for the success and prosperity of this
interest in America, Ty^here they had been using their best
endeavours, for eight years running, to have ministers set-
tled, and schoolmasters erected in these parts ; that at that
time they had accounts of a Presbytery being regularly con-
stituted, consisting of fourteen ministers, and six or seven
schools. This representation being read, the zeal and con-
duct of the said deputies in planting of ministers, and erecting
of schools, was approven of.

Reference to the Commission to cognosce and finally de-
termine in an appeal by James Earl of Balcarras, patron of
the parish of Kilconquhar, and by the heritors of that pa-
rish, concurrers with his presentation in favours of Dr John
Chalmers, minister at Ely, to be minister of the parish of
Kilconquhar, from a judgment of the Presbytery of St An-
drews, delaying the consideration of the affair till their meet-
ing on the 4th of July next.

Reference to the Commission to take up an appeal by Mr
u'Erieas Sage, minister at Lochcarron, from a sentence of
the Synod of Glenelg, finding, that a sermon preached by
Mr jEneas Macaulay, minister at Applecross, did not con-
tain any heterodox opinions, but testifying their dissatisfac-
tion with Mr Macaulay for some indecent and some obscure
expressions contained in that sermon, and recommending to
him not to preach above the capacity of his hearers, and
agreeing to reprove Mr Sage for his conduct in the affair,
and to enjoin him 7iot to he over -ready tojish out heresies,
without very good and justifiable reasons.

The sum of £lO Sterling agreed to be paid yearly to Ar-
chibald Govan, clerk to the cashier of the royal bounty, for

1759.] MISCELLANEOUS BUSINESS. 183

his trouble in the distribution thereof, commencing from the
term of AVhitsunday 1759.

Two overtures, the one respecting the right and power of
ordained assistants and successors advising, voting, and de-
termining in causes coming before Presbyteries and Synods,
even where right and property takes place ; and the other,
that the act 13th May 1732, should be so far altered as to
make it lawful for Presbyteries not only to take trials and
serve the edict, but to proceed to the ordination and ad-
mission^ notwithstanding of any appeal to the contrary, in
such cases only where the opposition is small, read and re-
ferred to the Commission, that they may take them under
consideration, and, if they see cause, prepare an overture
thereupon to the next General Assembly.

A committee named, to take under consideration w^hat
shall be the requisite qualifications of students^ particularly
in respect of the time of their having studied philosophy and
divinity, in order to their being received upon trials by Pres-
byteries, pj-epare an overture thereupon, to be laid before the
Commission, to be further ripened by them for the next As-
sembly ; or, in case there should not be an opportunity of
having such overture considered by the Commission, that the
committee shall themselves report to the Assembly ; and to
correspond by letters with such professors of divinity as can-
not attend their meetings, that they may assist with their
sentiments on this subject.

The report of the committee for revising the commission
]>ook again read, and the follo^^dng affairs depending before
the last Commission, and not determined by them, referred
to the Commission of this Assembly, viz. : — An overture
anent the execution of sentences of the supreme courts ; to
draw rules, stating the method of procedure in causes be-
fore the Assembly ; to consider the power of kirk-sessions
in the management of the poors' money ; to consider a re-
ference from the Synod of Glasgow and Ayr, anent the
session of Camhuslang.

The appeals of Michael Bell, David Johnston, John Mac-
taggart, and his spouse, John Ferrier, Quintin Dick, and
David Macmurtrie, dismissed, in respect they have been de-
pending before the Commission for a number of years, Avith-
out being insisted in.

The overture anent planting of vacant parishes read, and
delayed till next Assembly.

184 ANNALS OF THE ASSEMBLY. [1759.

The application to last Assembly by the congregation at
Saarhruck^-pTSLjing a collection might be made in this Church
for their relief, delayed till next Assembly.

An extract of a minute of the S}Tiod of Argyle, dated the
4th of August last, reciting the sentence of last Assembly
pronounced on the 31st of May, in the affair relating to
the settlement of the parish of Kil movie, in Arran, whereby
J/r John Hamilton, minister at Skipness, was suspended
from the exercise of his office for three months from the
date of the sentence, with power to the S>Tiod of Argyle, at
their first meeting, if they saw cause, to take off the sus-
pension for remainder of the time ; and appointing the Sy-
nod to call before them, at their first meeting, Mr Robert
Thompson, minister at Killean, and Mr Charles Stewart,
minister at Campbelltown, and in the Assembly's name to
rebuke them for their irregular conduct in the settlement of
the foresaid parish of Kilmorie ; and bearing, that Mr Ro-
bert Thompson compeared, and was rebuked in name of the
Assembly, but that Mr Charles Stewart being detained from
the Synod by indisposition, they had appointed the Assem-
bly's sentence should be intimated to him by a letter : That
the brethren from the Presbytery of Kintyre having applied
to the Synod to take off the sentence of suspension upon Mr
Hamilton for the remainder of the time, because of his ex-
tensive parish, and the many vacancies in their bounds, the
S}Tiod saw no cause of compMng with their request, as Mr
Hamilton did not attend that meeting of the Synod, or in-
struct any other to apply for it, read, and the Synod's con-
duct in that matter appro ven of.

The Assembly rose June 4th.*

Assembly 1760.

The Assembly met on the 1 5th of May. — Charles Lord
Cathcart was his Majesty's Commissioner ; and Dr Robert
Hamilton, Professor of Divinity in the College of Edin-
burgh, was chosen Moderator. He had filled the chair in the
year 1754.

* The Commission which met in November, presented an address
to the King on the taking of Quebec, which may be seen in the
Scots Magazine for 1759, p. 599.

1760.] COMPLAINT AGAINST SUNDAY POSTS. 185

On the 17th, the Assembly referred to the committee for
overtures, a representation of the ministers and elders of
Glasgow, met in the General Session, May 7, 1760, to the
Presbytery of Glasgow, concerning the Sunday Posts, and
a recommendation of it by that Presbjtery to the Assembly,
and also petitions for the commissioners from Dundee Pres-
bytery, and the inhabitants of Borrowstounness, and what-
erer other papers might be given in on the same subject.
This representation sets the matter in so clear and strong a
light, that we insert it verbatim, viz. : —

" That by a late alteration* in the course of the Post, whereby
he arrives in this place on Sabbath morning, and returns the same
night, there is great reason to apprehend, that the sanctification of
the Sabbath, so solemnly enjoined, and on which the very being
of religion so much depends, %vill be neglected, and that holy day,
in whole or in part, turned into a day of worldly business by many.
Upon this account, it has given great alarm to all well-disposed
persons, nay to the generality of the inhabitants, who are anxiously
concerned to have this grievance redressed.

'* It is well known that the city of Glasgow carries on an exten-
sive trade, and a trade so much transacted by receiving and answer-
ing of letters in course of post, that a scheme of this kind must, in
the nature of the thing, be attended uath unspeakably worse con-
sequences here, than in other places where the circumstances are
different. This consideration has indeed procured a provision in
the scheme, of a courier to set out from Glasgow every Monday
morning at eleven o'clock. But, from what has already appeared,
this provision, however well intended, is likely to prove but a poor
insufficient remedy. The courier can only assist our merchants in
their correspondence \\dth England, and perhaps a very little with
Edinburgh ; but \vith respect to all the posts that go to our port,
and other places to the westward of us, the courier is wholly insig-
nificant, and they must either lose the Sabbath's post entirely, or
absent themselves from public worship in the forenoon, and prepare
their letters for going off with the posts that set out against two
o'clock. And how strong a temptation this will prove to many to
neglect the sacred exercises of the Lord's Day, needs little illustra-
tion. But besides, notAvithstanding the foresaid provision, a num-
ber of the most considerable merchants, at a meeting with the
magistrates, declared, that their business would not permit them
to want their letters on Sabbath longer than five or six in the even-
ing.

* This alteration had taken place about the end of April. The Edinburgh
mail for London (despatched three times a-week,) had hitherto reached New-
castle after the post had left that town for the south, and was consequently de-
tained at Newcastle nearly two days. By a new arrangement this time was saved ;
but one of the consequences was, that the Edinburgh mails for the west and
north now set out at nine o'clock p. m. on Saturday, so as to enter Glasgow and
other places on Sabbath morning.

q2

186 ANNALS OF THE ASSEMBLY. [1760.

*' The postmaster has given notice to all the traders, that if they
incline to have their letters on Sabbath, care shall be taken to
send them to their houses ; and not a few have already called for
them between sermons. .Nay, we are assured, there is an express
statute subjecting postmasters to a penalty of £20 Sterling, if they
do not deliver out letters, when insisted for, within an hour after
the arrival of the post.

" These facts, we apprehend, will satisfy the Rev. Presbytery,
that our fears with respect to the observation of the Sabbath are
not chimerical, but too well-founded. And although some decency
may bs observed at the beginning, (and indeed one who knows this
place would have been apt to expect more decency than has already
appeared,) yet by and by, through the natural tendency of evil
practices, the habit of reading and answering letters, and talking of
business on the Lord's Day, will so prevail, that we shall see di-
vine ordinances neglected, our streets, taverns and coffee-houses
crowded, servants and porters going messages, and all the while
the infection spreading among the lower classes of people, who are
so ready to follow the example of their superiors in rank and sub-
stance.

*' Our youth will be early corrupted by attending to secular bu-
siness on the Lord's Day, and so lose the benefit of that excellent
instrument of religion ; and if once an opinion shall prevail, that
there is no harm in reading and answering letters of business on
that holy day, the next generation may be easily induced to think
there is as little harm in transacting other worldly affairs ; and so
this unhappy innovation may in time make way for a total disregard
to Sabbath sanctification, — a consideration which no lover of reli-
gion can think of without horror. And that these are not the sug-
gestions of fancy, is evident from the example of some towns in
England, where we are assured that all evils of this kind take
place.

" May it therefore please the Reverend Presbytery to take this
weighty affair into their most serious consideration, and transmit
this petition to the ensuing General Assembly ; and further, to
instruct their commissioners to insist, in the most earnest manner,
that the Assembly take such further measures as to their wisdom
shall seem proper, for procuring us, and the other towns concerned
in this alteration of the course of the post, deliverance from so great
a calamitv."

The afiftiir was subcommitted, and a report was made to
the Assembly on the 24th, bearing, That a plan had happily
been fallen upon, so far as concerns Glasgow and Paisley,
which gives satisfaction to the gentlemen from those places,
and their constituents, and which, it is believed, will in a
great measure remedy the evil complained of. The Assem-
bly appointed a committee of tweutj-two ministers and fif-

1760.] COMPLAINT AGAINST SUNDAY POSTS. 187

teen ruling elders, seven of them a quorum, of whom four
to he ministers, to consider how far relief can he given to
other towns tliat complain of the same grievance, and to take
all proper measures for procuring it ; this committee to nieet
in the Assemhly House immediately after the last diet of
Assemhly, and themselves to name, and previously advertise
in hoth the Edinburgh newspapers, the times and places of
their subsequent meetings.

The alterations proposed by the new plan are as follows.
The post from Edinburgh, Avhich now arrives at Glasgow
about nine o'clok on Sunday morning, and sets out thence
westward at two afternoon, is not to come into Glasgow till
about eight in the evening, and, without making any stay
there, except to drop the mail for Glasgow, and to take up
the one from that city, is to proceed immediately westward ;
and the post from the west for Edinburgh, which now ar-
rives at Glasgow at five afternoon, and sets out thence east-
ward at eight, is not to come into Glasgow till about seven,
and, without making any stay there, except to drop the mail
for Glasgow, and to take up the one from that city, is to
proceed immediately eastward. The post-office at GlasgoAv
is not to be opened till after the departure of both these
j)Osts, at which time, and no sooner, such persons as choose
to send for their letters, may have them ; but none are to be
distributed by the letter-carriers till seven on ^londay morn-
ing. Letters from Glasgow to go by either of these mails,
must be put into the post-office before twelve on Saturday
night, and the bags are then to be sealed : so that no letters
are to be received into the post-office at Glasgow on Sun-
day.

The proposers of this plan observe, that all the toAN-ns to
the west of Glasgow, who have an opportunity of writing by
the return of the post that now sets out thence at two o'clock
afternoon, will have the opportunity of doing so when he
shall not set out till nine ; and with respect to Glasgow, that
returns to the letters brought from England and Edinburgh
by the post on Sunday evening, may be sent by the express
niail, wliich sets out on IMonday at eleven, so as to reach
Edinburgh before the departure of the posts thence on ]\Ion-
day night for England, and for the north and west of Scot-
land. So that the only loss to be sustained is, that the
people of Glasgow will be deprived of an opportunity of
writing by the mail westward, between ten before noon and

188 ANNALS OF THE ASSEMBLY. [1760.

two after noon of the Lord's Day, the very time of pubUc
worship, in consequence of such acb'ices as may be brought
them by the mail, w'hich arrives that day from Edinburgh.
This loss must be inconsiderable ; because, as the merchants
may have their letters on Sunday evening at eight or nine
o'clock, if they should, at a particular time, receive intelH-
gence which w^ould oblige them to WTite to their correspon-
dents in the west before the next post, they can do it by
express for a trifle. But though the inconveniency were
greater, those gentlemen Avould cheerfully submit to it, rather
than give the least handle for turning that sacred day into
a day of worldly business.

In further prosecution of their scheme, the General Ses-
sion of Glasgow proposed to the Presbytery, that they should
make it a part of their application to the Assembly, that
that supreme court should appoint a national fast, on ac-
count of the great increase of vice and immorality, owing,
in no small degTee, to the growing profanation of the holy
Sabbath ; and in pursuance of this proposal, and of similar
instructions to members from other places, a motion was
made, on the 24th, after the affair relating to the post was
finished, to emit a warning against the profanation of the
Lord's Day, and other immoralities. In the course of rea-
soning, all the members expressed the highest regard for the
sanctification of the Sabbath, and w^ere sensible that in too
many instances it was not observed in such a religious man-
ner as they sincerely washed ; but it was remarked, that as
the aforementioned instructions were founded chiefly on the
present course of the post, the cause which gave rise to them
w^as in a great degree removed by the proposed alteration
with respect to Glasgow, and other towns to the westward,
and the measmTS now in agitation for the relief of other
considerable towns ; that the gentlemen employed in regu-
lating the course of the post, w^ere using their utmost endea-
vours to give all the redress possible, in a consistency with
the police of the country ; that the proposed w'aming, at
such a junctui-e, might weaken their hands, might inflame
the minds of the populace, might possibly occasion outrages
and violences, and unhappily delay, if not altogether ob-
struct, the desired redress ; and that such a warning, if ne-
cessary, may be hereafter emitted, vath. better effect, and
w ithout any hazard of bad consequences. These arguments
had such weight, that the question being put, Whether it

1760.] ADDRESS TO THE KING. 189

Avas expedient to emit such a warning at this time, or Not ?
it carried, hy a majority, Not,

A motion was made on the 20th, and unanimously ap-
proved of, to address the King upon the many signal suc-
cesses of his Majesty s arms since last Assembly. A com-
mittee named to draw up the address, presented it next day.
It was approved of, and signed ; and the Commissioner, at
the Assembly's request, undertook to transmit it to his Ma-
jesty.

The strain of such addresses being usually the same, we
have, in general, thought it unnecessary to record them ;
but there were circumstances connected with this address,
which induce us to present it entire.

" May it I'lease your Majesty,

" We, your Majesty's most dutiful and loyal subjects, the minis-
ters and elders of the Church of Scotland, met in a National As-
sembly, take this first opportunity of approaching your sacred
person, with our most humble and sincere congratulations upon the
signal and uninterrupted success mth which, since our last meet-
ing, it hath pleased Almighty God to bless your arms. All the
efforts of your Majesty's enemies have been disconcerted or de-
feated ; while every battle fought by your fleets and armies hath
led to victory, every armament hath accomplished its intention ;
and as the operations of war have been more extensive, they have
likewise been more prosperous than those any former age can boast of.
These great events we have observed with the utmost gratitude to
your Majesty, under whose prudent and vigorous administration we
enjoy such distinguished blessings ; nor have we ceased continually
to offer up our devout acknowledgments to the Lord of hosts, from
whom alone strength and wisdom are derived, and who hath en-
a'oled us both to fight and to overcome.

" But amidst our rejoicings for victories obtained in every part
of the world, it was with the utmost concern that we beheld the
approach of domestic calamity, and were witnesses of the alarm
and terror which the invasion, threatened and attempted by the
French King, spread among the inhabitants of this part of the island ;
sensible, at that juncture, both of the danger to which they were
exposed, and of their inability to exert themselves in repelling your Ma-
jesty's enemies with such viijour as their principles of religion and loyalty
would naturally hare inspired.

" We have always reckoned it an important part of our duty, to
animate the people committed to our care with zeal for the Protes-
tant religion, with veneration for our happy constitution, and with
attachment to your Majesty's person and family ; nor have our un-
wearied endeavours been unaccompanied with success ; and it is

190 ANNALS OF THE ASSEMBLY. [1760.

with great pleasure we can assure your Majesty, that the wisdom,
justice, and lenity of your Majesty's administration, your paternal
attention to the welfare of this part of Great Britain, and your
magnanimity in reposing confidence even in those who, from their
former conduct, could not hope for such marks of your royal favour,
have operated with a most powerful and happy influence, and have
gone far towards overcoming ancient and unreasonable prejudices. Our
constant intercourse with the people under our charge, gives us the
best access to be acquainted with their principles and inclinations ;
and we think ourselves called upon, by our duty to your Majesty,
as well as in justice to them, to assure your Majesty, that the mem-
bers of this National Church (of whom the great body of the people
is composed) have discovered such sentiments as become British
subjects, upon every appearance of danger with which your Ma-
jesty's kingdoms and government were threatened ; that they would
embrace, with joy, every opportunity of exerting themfielves in defence
of both ; and would act with such spirit and loyalty as would ren-
der Great Britain still more formidable to its enemies, and add to
its internal strength and security.

" That Almighty God may long preserve your Majesty's impor-
tant life ; that he may bless your royal family ; that he may con-
tinue to go forth with your fleets and armies • and that, after blessing
your Majesty with success in war, he may enable you to put a pe-
riod to the desolation and calamities of Europe by a lasting peace,
are the daily and fervent prayers of, may it please your Majesty,
your Majesty's most faithful, most dutiful, and most loyal subjects,
the Ministers and Elders met in this National Assembly of the
Church of Scotland.

" Signed in our name, in our presence, and at our appoint-
ment, by

" Robert Hamilton, Moderator.

" Edinburgh, May 21, 1760."

This address never appeared in the Gazette ; and with
regard even to the Assembly's usual answer to the King's let-
ter, though insertion was given to it, nothing was said of the
person by whom it was presented, nor of its being graciously
received. The cause of offence was this : There had been
very gi'eat excitement throughout Scotland in favour of a
national militia., similar to that of England ; but the Go-
vernment being afraid of arming a people among whom
there were still many disaffected Jacobites, had caused the
Scots Mihtia Bill to be thrown out, (April 15.) The allu-
sions in the above address, to the consequent national dis-
appointment, were, of course, not very acceptable to persons
in office, though it is somewhat remarkable, that an address

ITfiO.] COMPLAINT OF THE DUNDEE MINISTERS. 191

of a similar tenor had been presented by the Synod of Mo-
ray, and was inserted in the Gazette of the 13th May.*

With respect to two overtures transmitted by last Assem-
bly, the committee for overtures reported, on the 20th, That
twenty-five Presbyteries had sent up their opinions on the
overture relating to the qualifications of meinbers of As-
sembli/ ; that of these, seven approved of the overture as it
stood ; that nine proposed amendments, of whom all were
for permitting boroughs to choose ministers as their repre-
sentatives, but some were for confining them to ministers
of the Presbyteries w^ithin which the boroughs respectively
lie ; that eight were against the overture ; and that one pro-
posed that it should be retransmitted. That twenty-one
Presbyteries had sent up their opinions on the overture re-
lating to agreements hy ministers with their heritors ; of
whom twenty approved of it as it stood, and one proposed
an addition to be made to it ; — and. That the committee
were of opinion that both overtures should be retransmitted
to the Presbyteries; and that in the one last mentioned,
manses should be specified, as one of the things about which
agreements should not be made, but at the sight, and with
the advice and consent of the Presbytery of the bounds.
The Assembly unanimously approved of the committee's
opinion ; and ordered the two overtures to be transmitted,
with the above mentioned addition to the second, that Pres-
byteries may send up their opinions on them to next As-
sembly.

On a motion made on the 2 2d, the Assembly resolved,
That in time coming, applications for a share of the public
money for carrying on processes, shall be referred to the
procurator, Avith some other gentlemen of the law, and some
ministers, to consider them, and report their opinion ; and
that along ^^^th their report there be laid before the Assem-
bly a state of the public funds.

The same day, a petition from the ministers and kirk-
session of Dundee^ was referred to a committee. This pe-
tition sets forth various complaints in the following terms : —

* It was the rejection of the Scots Militia Bill that gave rise to
the famous Poker Club, and prompted Adam Ferguson to write a
continuation of Arbuthnott's Satirical History of John Bull, under
the title of " The History of Margaret, other^^^se called Sister
Peg." — See Mackenzie s Life of John Home.

192 ANNALS OF THE ASSEMBLY. [1760.

" That for some considerable time past, your petitioners
have been opposed and distressed by the present provost
of Dundee, and a party of his in the council, in a very
uncommon manner. . . . Delinquents have been forbid to ap-
pear before us, and the disobedient have been screened. . . .
The charity collected at the church-doors has, by the pro-
vost's order, been taken from the elders, and applied by him
at his pleasure. . . . The penalties for fornication and other
crimes, which before were paid in to the church poor, and
by law belong to them, the provost has either intercepted,
or else endeavoured to elude our demand of them. . . . The
place for baptism in our principal church was taken do\^Ti,
and we were told there was to be no baptism there. . . . An
act of council was passed, to refuse us the communion ele-
ments in their usual manner and frequency. . . . We have
been denied access to the established places for M'orship,
which, by express decreet of the Lords of Session, had been
secured to our predecessors. . . . Our o'vvn servants have been
discharged to obey us, even in the most common and neces-
sary cases, A\ithout first obtaining the permission of the ma-
gistrates Of&ces which have always been, and from their

own nature must be in our gift, have, in repeated instances,
been filled up by those gentlemen, \Adthout ever acquainting

or acknowledging us Proclamation for maniage has

sometimes been forbid by the provost, and sometimes or-
dered by him in an illegal and irregular manner. . . . Our
session registers of baptisms and marriages have been de-
manded, and attempted to be wrested from us, as belonging
to the town. . . . Our moderator has been ^ned for alleged
contumacy in not appearing before the provost, after he had
pled indisposition, and ordered to be apprehended by the
town-officers and imprisoned ; and all this on a pretended
libel framed by the provost himself, in name of the fiscal,
who was absent, and of the session-clerk, who remonstrated
against it, but for fear of imprisonmnent was forced to sub-
scribe it, as his declaration more fully shows."

On the 23d, the following report was given in : — " The
committee having heard the case at great length, and ma-
turely considered the same, are unanimously of opinion, that
according as the facts are therein represented, it is a case of
a verif e.vtraor dinar y nature^ desei-ves the particular atten-
tion of the General Assembly, and is of universal concern
to the Church ; and as the ministers and kirk-session of that

1760.] COMPLAINT OF THE DUNDEE MINISTERS. 193

pirish have been reduced to the necessity of commencing
processes before the Court of Session, in support of their
rio-hts, for reparation of the injuries done to them, and for
the interest of the poor, the committee overture to the Ge-
neral Assembly, that the procurator and agent for the Church
be appointed to appear for the interest of the Church in these
processes ; and that the said ministers and session should
be assisted to carry them on out of the public fund of the
Church, in case, on their after-application, that shall be found
needful. But as the grounds of this report cannot fully ap-
pear to the General Assembly, unless they hear the memo-
rial which was read before the committee, they therefore
overture that the said memorial should be read in open As-
sembly." And Mr Gershom Carmichael, one of the ministers
of Dundee, having read the memorial at the bar, the Assem-
bly unanimously approved of the opinion of the committee,
and appointed accordingly.

The inconveniencies arising to ministers from a defect or
ambiguity in the sti/le act^ and from the consequent contra-
dictory decisions of the Com-t of Session on the question.
Whether the payment of ministers' stipends is to be regu-
lated by the old style or the new ? appeared in so strong a
light to the Synod of Lothian and Tweeddale in November
last, that they framed a petition to the Assembly, that pro-
per measures might be taken to get that matter ascertained,
and such lawsuits as had formerly occurred prevented for
the future. On report of the committee for overtures, the
Assembly, on the 23d, remitted this petition to the Synod
from whom it had come, with this instruction. That if a
case of this kind should occur, none ha^-ing been specified
in the petition as presently existing, notice should imme-
diately be given of it to the procurator and agent for the
Church, whom the Assembly appointed to carry on the pro-
per process, upon the public funds ; " that a matter of so
great consequence to the ministers of this Chm-ch may re-
ceive a decision of the Lords of Session, and that point be
fixed and ascertained in all time coming." *

* The following question had been decided by the Court of Session
on the 24th of June 1757, viz., Whether the determination of a minis-
ter's stipend, who had been settled previous to the commencement
of the new style, is to be governed by the old style or by the new ?

R

194 ANNALS OF THE ASSEMBLY. []1760.

On the 24th, the windoiv-tax committee reported, that a
plan had been under their consideration, which they hoped
would go far towards answering the end of their nomina-
tion ; and proposed that the Assembly should renew the
appointment of the committee, which the Assembly accord-
ingly did.

A representation from the committee for managing the
royal bounty was given in, importing, That few of the mem-
bers can have any personal knowledge of the places where
most of the missionaries and catechists are employed, and
therefore the committee must rely wholly upon the informa-

The case was this : — Mr George Hume, who had been upwards of
fifty years minister of Chirnside, died on the 5th of October 1755,
i.e., before the old but after the new Michaelmas ; and Mr Walter
Anderson was ordained minister of that parish on the 13th of May
1756. This gave rise to a competition between Mr Hume's execu-
tors and Mr Anderson ; the former claiming the whole stipend 1755,
as belonging to Mr Hume ^^roprioj^Mre, because he survived Michael-
mas, and the half of the stipend 1756, as the ann ; and the latter
claiming the whole stipend 1756, because he was admitted before
Whitsunday. Both parties admitted, that by the act 1672, cap.
13, which is confessedly the rule, a minister has right to half the
year's stipend if he survive Whitsunday, and to the whole if he sur-
vive Michaelmas. For the executors it was pleaded, That in the
cases of heirs and executors, of terce, courtesy, and adjudication,
the new style is undoubtedly the rule ; and that the new style must
be the rule in all cases after it has taken place, otherwise there
appears to be no reason why it should be the rule in any case hap-
pening in a future period, contrary to the plain intention of the
statute : That the new style fixes the term at which dies cedit, or
the right is vested ; and that this has no connection with the con-
ventional terra, at which dies tenit. or payment may be exacted ;
and, That the term of Whitsunday, which of old was the same
with the moveable feast, was, by the act 1693, cap. 24, fixed to the
15th of May ; but that though all the ministers then in Scotland had
entered to their benefices and stipends, either by the moveable feast
of Whitsunday, or by Michaelmas, it never entered into one's
thoughts to doubt, that the right of their executors was to be de-
termined according to their survivance of the fixed term established
by the statute, in place of the moveable one repealed. It was, on
the other hand, pleaded for Mr Anderson, That the principal in-
tention of the style act was, to put our computation of time upon
the same footing with that of other nations, and to settle the festi-
vals of the Church of England ; and that, though the legal terms
are to be governed by the new computation in matters where no
loss or advantage would happen to private persons by the change,

1760.] DEPUTATION TO THE HIGHLANDS. 195

tion they receive from Presbyteries, ministers and gentle-
men, who reside in those places ; that these informations are
in many cases so different, and sometimes so contradictory,
that the committee are often utterly at a loss how to judge
or determine, and have not the satisfaction to be assured that
their sentences have been just and well-founded, however
pure their intentions may have been ; that the committee
would, however, by no means insinuate that those Presby-
teries, gentlemen, or ministers, were guilty of giving false
information, being persuaded, that the seeming opposition
of those informations, flows from each one s feeling his own
distress more sensibly than he can possibly feel that of
others ; that it is the unanimous opinion of the committee,

yet it is expressly provided, " That the act shall not accelerate or
anticipate the time of payment of any rents, annuities, or sums of
money, which shall become pa3'able by any custom, writing, or
agreement now subsisting, or which shall be entered into before
the 14th of September 1752, or which shall become payable by
virtue of any act now in force, or which shall be niade before the
said 14th of September, or the time of doing any thing directed by
such act : " That accordingly, as by the act 17th Geo, II., for estab-
lishing a fund for ministers' widows and children, &c., the terms
of paying the rates, &c., are settled, no alteration was intended or
understood to be made by the style act upon the regulations estab-
lished by that act 17th Geo. II., by accelerating the term of pay-
ment of the rates, or the terminus a quo, the commencement of
these rates was established by the former law ; but the payment
and division of the rates between the stipend and the ann continue
to be regulated by the old style, of which several instances have
occurred since the new took place : That if the executors' doctrine
should hold true, it would be singularly severe on Mr Anderson ;
for as Mr Hume had not acceded to the widows' scheme, his chil-
dren would sweep away the full half of the stipend 1756, and Mr
Anderson, as he was ordained before Whitsunday, would pay the
rate for that whole year, though he would draw only the half of
the stipend : and, That tlie executors' doctrine, that the new style
might regulate the right, but the old the payment, is in no wise
authorised by the statute ; for that, how soon the obligation takes
place, performance may be compelled, dies et cedit et cenit. — The
Lords found. That Mr Hume having died before Michaelmas 1755,
according to the old computation, had no right to the last half-
year's stipend for that year, but that the same does belong to his
nearest of kin, as ann ; and that Mr Anderson having entered be-
fore Whitsunday 1756, according to the same computation, has
right to the first half-year's stipend payable for crop 1756. — See
the former volume, p. 282, Note.

196 ANNALS OF THE ASSEMBLY. [1760.

that tlie only remedy for so enormous an evil is, the ap-
pointing a visitation of the counties and places where the
missionaries and catechists are employed, that so, from
ocular inspection of the country, and personal conversation
with Presbyteries, ministers, itinerants, &c., the visitors may
be able to give full and clear information, and the commit-
tee may in time to come have more sure ground to proceed
upon than they have hitherto had ; that, however laborious
and difficult the task, and therefore not to be desired, the
visitors should be some of the constant members of the com-
mittee, who will be always at hand to give such information
in particular cases as may be Avanted ; and that to two such
visitors it will be necessary to add a minister who under-
stands the Highland language, and has some knowledge of
those places of the country, but in whose parish or bounds
no itinerant or catechist is employed. The Assembly, on
the 26th, appointed 3Ir John Hyndman of Westkirk^ and
Z)>' Robert Dick of Edinburgh^ ministers, as their com-
missioners for the purposes in this representation mentioned,
leaving it to them to choose one or two ministers w^ell ac-
quainted Avith the Highlands to go along vnth. them, such
choice to be approved of by the royal bounty committee ;
and that committee is empowered, on failure of any of these
two ministers, through indisposition or other necessary cause,
to appoint one in his place, and also to draw up instinictions
to be observed by the commissioners in their visitation. A
sum not exceeding £200 of the Church's money is to be paid
the commissioners to defray the expense of this visitation.

The Society for Propagating Christian Knowledge have,
from similar motives, ordered a visitation of the schools
established by them ; particularly, to take trials of the qua-
lifications of the schoolmasters for instructing children in
the principles of the Christian religion, and for teaching
them reading, writing, arithmetic, and church music ; and
to inquire into their diligence in the discharge of their trust,
and whether they are at due pains to cause the children
under their care to understand the English language.
The society have recommended to the afore-mentioned com-
missioners of the Assembly to visit their schools in the islands
and in the western and northern parts of Scotland, through
which they are to pass, and which lie at the greatest dis-
tance from Edinburgh, and have remitted to a committee to

1760.] NEW ERECTIONS IN THE HIGHLANDS. 197

name proper persons for visiting the other schools in the in-
terior parts of the country ; the expense of this visitation
not to exceed <£lOO.

A committee was appointed by the Assembly 1759, to
prepare a memorial relating to the application of a part of
the Royal Bounty for erecting new parishes. QThe fund
to which this name has been given, is an annual donation
to the General Assembly, to be applied for the reformation
of the Highlands and Islands of Scotland. This royal
donation was begun by King Geo. I., in 1725, and it has
been continued annually ever since. The grant is of the
following tenor : — " Whereas it hath been represented unto
us by the General Assembly of the Church of Scotland, that
Popery and ignorance do increase and prevail in the High-
lands and Islands there, and that one of the principal causes
thereof is the large extent of the parishes in those parts,
whereby the ministers of those parishes find themselves
unable to visit their parishioners in their several bounds as
they ought, and give such instructions as are absolutely ne-
cessary to enlighten them, and arm them against the prac-
tices of Romish priests that resort thither in order to pervert
and seduce them from the profession and principles of the
Reformed religion : Now, as the evil thereof may he of
dangerous consequence to our government^ and we are
sensible, that nothing can more effectually stop the growth
and increase of it, than giving encouragement to itinerant
preachers and catechists to go into those parts, and to be
assisting to the ministers established there; we are gra-
ciously inclined, for the promoting so good and pious a
design, to contribute yearly the sum of £1000.* — Our will
is," &c.] — The management of this fund is by the Assem-
bly referred to a committee ; and, in terms of the grant, it
has been hitherto distributed to itinerant preachers and ca-
techists appointed to officiate in certain districts, imder the
inspection of the ministers. Presbyteries, &c., within whose
bounds their districts respectively lie. But an alteration is
now proposed. The committee appointed by the Assembly
1759, in their report, which was called for, and produced,
on the 26th, (immediately after the appointment of the vi-
sitation afore-mentioned,) proposed, that proper measures

* This sum was increased by Geo. IV. to £2000 per annum.
R 2

198 ANNALS OF THE ASSE3IBLY. [l?00.

should be taken for having the royal grant conceived so as
to authorise the application of the money towards erecting
and endowing new parishes, or building and endowing
chapels of ease in large and extensive parishes, as well as
giving encouragement to itinerant preachers to go into those
parts. The Assembly unanimously approved of the pro-
posal ; and the Commissioner, at the Assembly's request,
undertook to use his endeavours for furthering the design.

By the alteration proposed, the gi-ant, after the words —
" nothing can more eifectually stop the growth and increase
of it," will run thus — " than by erecting and endowing new
parishes, or by building and endowing chapels of ease in
large and extensive parishes, or by giving encouragement
to itinerant preachers to go into those parts, and to be as-
sisting to the ministers established there ; we are graciously
inclined," &c. The grounds and reasons for this alteration
are thus expressed in a paper given in by the committee : —

" The Highlands of Scotland, the seat of Pojyery and disaffection,
are of much greater extent than is generally imagined. Some pa-
rishes are so very large, being thirty-five computed miles Scotch in
length, and twenty-five in breadth, that it is impossible for the mi-
nisters to give that attention to them which is necessary, for in-
structing them in the principles of our true religion and loyalty.
Hence ignorance, superstition, and disaffection prevail amongst
them. To keep up this spirit, many Popish priests are sent, who
fix their residence in places where they can most successfully pro-
pagate their pernicious principles ; and to whom those of the Popish
religion, and some Protestants, who cannot have access to their
own ministers because of the great distance of their manses, repair,
in order to be married, or to have children baptized. By this
means the Papists are confirmed in their superstition, and many
Protestants are in the greatest danger of being perverted. To re-
medy these evils, his most gracious Majesty makes a donation of
£1000 yearly for itinerant preachers and catechists.

" The General Assembly have found by experience, that the
method of employing itinerants and catechists, has not answered
the ends of his Majesty's pious intention. For, besides the great
extent of country, difficulty of access, by high mountains, rapid
rivers, and arms of the sea, the smallness of their salaries, their
being obliged to go from place to place, without any fixed resi-
dence ; besides all this, their not having authority to marry and to
baptize, as not being ordained, makes their labours less successful.
It would be therefore necessary that preachers should be ordained,
that they might administrate marriage, baptism, and the Lord's
Supper. But it is not agreeable to the constitution of the Church of
Scotland, to ordain any hut those loho have a fixed and legal benefice.

1760.] NEW ERECTIONS IN THE HIGHLANDS. 199

" It is therefore humbly proposed, that whilst his Majesty shall
be pleased to continue this bounty, it may be applied for the erect-
ing and endowing new parishes, or for the building and endowing
of chapels of case, to which well qualified persons might be pre-
sented by his Majesty from time to time, as the fund would allow,
and thus have a fixed residence or manse, to which the people might
at all times have access. This would be a permanent good, and in
a course of years, if the gift should be continued, defeat all the
attempts of the Popish priests to pervert the minds of the people :
for it is very observable, that there are few or no PajAsts in the neigh-
bourhood of nicmses, where the ministers reside. By this method of
employing the royal bounty, it may reasonably be expected, that
the people who reside in those remote parts of the nation, the ha-
bitation of ignorance, superstition, Popery, and rebellion, shall be
instructed, reformed, and civilized, made useful members of society,
and loyal subjects.

" It is proposed, that the royal grant should contain an alterna-
tive to erect and endow either new parishes or chapels of ease, that
in case difficulties should cast up in the erecting new parishes, the
other may be carried into execution in the meantime. But the
applying the bounty towards new erections would be far more ad-
vantageous.

"1. Because such parishes being once erected, will be a lasting
benefit to the country, and the ministers of the parochial churches tcill
hate uwre weight and authority than those xcho officiate only in cluipels of
ease, and consequently will have greater influence in defeating the
designs of trafficking priests.

" 2. This will establish so many new sessions, consisting of elders,
who, in their separate districts, may be of considerable use in coun-
teracting the artifices of the priests, and promoting the interests of
religion and loyalty ; and it will likewise secure the regular cele-
bration of the Lord's Supper in the remotest parts of the Highlands
and Islands, which may have a very happy effect upon the minds of
the people.

" 3. It also merits attention, that if chapels of ease shall be
erected, ministers may remain there twenty or thirty years, icithout
paying one farthing for supj)ort of the ividoics fund ; and upon their
after obtaining a settlement, their families would be entitled to
draw very large sums out of the fund, though they paid but a few
years' tax for support of it ; whereas in the case of new erections,
the incumbents must pay from the beginning, and their annual rates
will bear proportion to the sums to which their families will become
entitled.

" The j)citronage of all the neic erected churches must be secured to th^
Crov^n ; and the Assembly, in concurrence with the officers of the
Crown, must determine, from time to time, where such erections
shall be made, and in what order,"

The annual report of the trustees for managing the ui-

200 ANNALS OF THE ASSEMBLY. f 1760.

doivs' Jund,* was given in on the 26th. It was observed
in the report 1757, that the facts respecting the fund, and
the whole scheme, corresponded very nearly to the supposi-
tions on which the calculations for establishing the fund
proceeded ; and by the present report, this correspondence
appears to be still nearer — nay, in one particular it is exact.
The calculation supposed 30 ministers and professors to die
annually, at a medium, and consequently, that from the
commencement of the scheme, March 25, 1744, to Nov. 11,
1759, (i.e., 15 years 7 months and 17 days,) 468 would
die ; which has turned out to be the precise fact, not one
more or less having died in that period. And in the stock
the correspondence is very near in 1759, the calculation
supposing it to be JB49,261 : 11 : 104-d., and the real stock
coming out in fact to be precisely £49,128 : 7 : 10 Vd. ; so
that the difference is only £l33 : 3 : 1 I4d.

Kilconquhar., Stirling., and Logie, were the only settle-
ments determined by this Assembly. With regard to the
first, the Earl of Balcarras, the patron, had given a presen-
tation to Dr John Chalmers, minister of Elie, to be minister
of Kilconquhar. This case ha\ang come before the Com-
mission in November last, that reverend court sustained the
call to Dr Chalmers, and appointed the Presbytery of St
Andrews to proceed to his transportation and settlement.
The Presbytery did not obey this sentence ; and thereupon
a petition and complaint for the patron, and the heritors
and elders, callers of Dr Chalmers, against the Presbytery,
was given in to the Assembly. The opposers of the settle-

* The contributors to the fund were at this period divided into
four classes, and paid yearly £2 : 12 : 6d., ^3 : 18 : 9d., £5, 5s., or
.£6:11 : 3d. Every marriage of a minister, except when the
\vife was an annuitant on the fund, was taxed in a sum equal to
his annual tax ; and a minister, if married when admitted to a bene-
fice, paid a like sum on account of his marriage. Out of vacant
stipends £2, 10s. was paid annually to the fund. On the other
hand, widows of contributors received an annuity corresponding to
what their husbands had paid, viz., £10, £15, £20, or £25: and
the children of ministers who left no widow, received a sum equal
to ten years of the annuity the widow would have been entitled to.
But if a minister died before having paid in to the fund a sum equal
to three years of the annuity to which his widow would be entitled,
the deficiency was deducted out of the widow's annuity or chil-
dren's stock.

1760.] CASE OF KILCONQUHAR. 201

ment pleaded, That the Commission had exceeded their
powers ; and the question having been put, Whether they had
or Not ? it carried Not^ by a great majority. This question,
by which the judgment of the Commission, sustaining the
call, was found to be final, w^as detennined on the 19th.
Next day, the remaining part of the cause was taken into
consideration. A question was stirred. Whether the Pres-
bytery of St Andrews, and the Synod of Fife, were parties ?
The court, after hearing the sentence of the Commission
read, and the Presbytery's reference to the Assembly, and
after reasoning upon the case, agreed, that the Presbytery
and Synod were not parties, and that the parties were, the
patron, and the callers of Dr Chalmers, on the one part, and
the parish of Elie on the other. Counsel were heard for
the transportation, but none appeared for the parish of Elie,
After long reasoning on the expediency of the transportation,
the question was put, Whether to transport Dr Chalmers
from Elie to Kilconquhar, or Not ? it being understood,
that if it carried Not^ the patron should have six months
from that date to present another qualified person. It car-
ried Transport ; and the Assembly appointed the Presby-
tery of St Andrews to admit Dr Chalmers as minister of
Kilconquhar betwixt and the 1st of August next. From
this sentence Messrs John Witherspoon of Paisley, George
Blair of Brechin, Alexander Dick of Dairy, John Gillies of
Glasgow, James Ballingal of Dundee, and George Lyon of
Longforgan, ministers, entered their dissent.

The following was Dr Witherspoon s speech on this occa-
sion, as given in his Essays : * — " Moderator, As it is usual
for people to differ almost upon every subject, I am not
surprised that there should be some in this Assembly' who
are for appointing that this transportation shall take place ;
but I apprehend it is really ground of surprise to see the
way in which they urge their opinion. They do not speak
as if they were weighing and deliberating upon the cause,
that they might be able to give a just determination ; they
do not speak as if clearly satisfied themselves, or as if they

* Essays, Vol, iii, p. 283 In the decision of transportation

cases, it had been the Assembly's uniform practice to engage in
prayer; but the MS, Record says nothing of it on the present oc-
casion.

202 ANNALS OF THE ASSEMBLY. [1760.

desired to convince others, and bring them over to their own
opinions ; but they speak in an overbearing manner, and
press the conclusion \viih a visible displeasure at the time
spent upon it, and impatience that any body should differ
from or contradict them. But as positiveness is seldom any
strong presumption of a good cause, so I think it is very
much misplaced here ; and as the quiet and comfort of a
hirge parish immediately, and the whole country-side more
remotely, depends upon our decision, I hope the Assembly
will not give it till after mature deliberation, and with real
impartiality.

" The first thing, no doubt, to be considered is, whether
the Commission have exceeded their power, that we may
see whether we have room at all for the other question about
the expediency of this transportation ; and after reading the
words of the Assembly's remit, I cannot help being of opi-
nion, mth the great majority of the members of Presbytery,
that the Commission had no power to determine this cause.
Is it not plain that this is not the cause which was before
the last Assembly ? and is it not confessed on all hands, that
the Commission had no title to take in any causes but such
as were remitted to them ? Is it not plain, that the words
in any after-question relating to this settlement, are not to
be found in it ? It is also proper to observe, from the al-
most constant use of these words in the remits of the Assem-
bly, that they do not suppose that a question relating to the
same settlement with another makes it the same cause. The
answer made to this is, that it was a mistake or omission in
the clerk of the Assembly, Admitting, Sir, that this had
been the case, it would be extremely \^Tong and dangerous
to approve the Commission in papng no regard to that legal
defect, but taking in the cause. For the Assembly itself to
make free with, and despise established forms of procedure,
is of the very worst consequence. I have heard some ho-
nourable members, eminently skilled in the law, affirm, that
for a court to despise even its own forms, is to make way for
the admission of many instances of great and real injustice.
But for the Commission, Avhich is a delegated court, so far
to come over form as to take in a cause not remitted to them,
is a bold transgression with a witness ; and, if allowed, must
be attended with consequences which it is impossible to fore-
see, but can scarce be imagined worse than they really \\dll
be in effect.

1760.] DR WITHERSPOON's SPEECH. 20.3

'•• But, Sir, Avhy should any say this was either an omission
in the clerks, or an oversight in the last Assembly ? I am
sure, for my part, I think they would have done wTong had
they done it in any other way. What is the reason of this
clause (or any after- question,) when it is inserted ? It is
after the part of the cause is decided, to prevent contentious
people to protract a settlement by foolish and frivolous ap-
peals upon every little interlocutor or resolution of a Pres-
bytery in caiTying it into execution. But in this case, neither
all the parties, nor the principal part of the cause itself, was
before the Assembly at all ; and I dare say, we may all re-
member to have heard it given as the opinion of the most
judicious members of this Church, that it is a very wrong
measure to refer any cause of moment to the Commission,
that hath not been in a good measure heard and understood
by the Assembly itself. Moderator, I beg leave further to
say, that I hope this Assembly wall not authorise the Com-
mission in making a long arm, to take in causes without
sufficient powers, because the Commission is certainly the
most unhappily constituted court of any in this Church. I
say this without intending, and I hope without gi^'ing of-
fence to any body ; for, supposing human nature in us to be
just what it is in other people, the members of the Commis-
sion being so numerous, and spread over all Scotland, few
of them attend voluntarily, and it is the easiest thing in the
world for interested persons to bring up a number of a par-
ticular way of thinking, and they may carry any cause what-
ever.

" Thus, Sir, it appears, that the sentence of the Commis-
sion has plainly exceeded their powers in some measure, even
by the confession of the friends of this transportation. Let
us consider it a little in itself, and see if it is like to be so
great a benefit, or so great an honour to this Church, as that
we should either forgive the Commission the encroachment
they have been guilty of, or should now do ourselves what
they have formerly done in a precipitate and irregular man-
ner. Upon this branch of the subject I am very much at a
loss, not what to say, if every thing were to be brought out
that might be urged against it, but to bring the argument
within some compass, and chiefly indeed to discover some
hope of success, by reasoning from some common principles
on Avhich we shall generally agree.

" Moderator, I take this opportunity of declaring before

204. ANNALS OF THE ASSEMBLY. [1760.

this Assembly, that I have always had the deepest sense of
the dishonour and loss of authority which this Church has
suffered, and what indeed is infinitely more, the injury which
the souls of men have suffered, by many settlements in which
we have ordained a pastor without a people ; at the same
time, I am sensible that many worthy men and faithful mi-
nisters look upon themselves as under a necessity in some
such cases from the law of patronage ; and I am afraid many,
from a habit of doing this where there is necessity, are un-
willing to come out of the same tract, and continue to do it
when there is no necessity at all.

" Moderator, I desire it may be observed, that I do not
believe, and I know nobody so foolish as to believe what is
commonly imputed to us, that any Christian, as such, has a
right to call a minister on an establishment. We know that
nobody has any right to call a minister on an estabhshment
excepting those to whom the law has given it ; neither would
I contend that every man ought to have a right, though we
had it in our power to make laws upon that subject, since
this seeming equality would be a vile inequality. But, Sir,
I would choose to form my judgment upon a few principles,
in which, I should think, hardly any in this Assembly would
disagree. Has not every man a natural right, well secured
to him in this happy island, to judge for himself in matters
of rehgion, and in fact to adhere to any minister he pleases ?
Is not the legal stipend intended to pro%dde a sufficient and
useful pastor to the people within the bounds of a certain
parish ? Can he be of much ser\dce to them, if he be upon
ill terms with them ? or can he do them any at all if the}-
will not hear him ? Does any body desire to compel them
by penal or ecclesiastical laws to hear him ? or would such
forced religion be of any worth ? Is not, then, the legal en-
couragement unhappily lost and misapplied by somebody's
fault, when a minister is settled to whom nobody will ad-
here ? Now, Sir, the inference that I w^ould draw from these
principles is no more than this, that decency, and our indis-
pensable duty as a Church Court, requu'es us to make no
such settlements but vdth regret, and never without a real
necessity ; and the cause we have now before us is one in
which no such necessity exists. It is a transportation. Sir,
the expediency of which we are to judge of, and the person
concerned is not only bound in duty, but can be easily com-
pelled by law, to submit to our decision. The great argu-

1 760.] Du witiierspoon's speech. 205

inent that ahvays has been used against this or the like rea-
soning, has been brought out in this cause, that the people
were unreasonable and prejudiced, and have been stirred up
by evil-minded persons. This argument, Sir, is so old and
stale, that I am surprised people are not ashamed of it, and
that the ingenuity of the lawyers has not been able to invent
another that shall have the advantage of being new. How
often have we heard from this bar, this parish would have
been agreeably and peaceably settled, but very early a com-
bination Avas formed — this is all in all, the rest follows of
course. I am persuaded, Sir, from the certain knowledge
of many particular instances in which this was alleged, that
in nine cases of ten the allegation is false. One person in
a parish or country side may be active, and it may be said
Avith plausibiUty, that he is the mainspring of the opposi-
tion. Sir, it is very easy to lead a people according to their
own inclinations ; but it is not so easy as many seem to sup-
pose, to change their inclinations and direct their choice. In
the meantime, it is always forgotten that the argument is
founded, not upon the cause or occasion, but upon the re-
ality of the aversion of the people to the minister.

" Moderator, an argument that is made use of to persuade
us to order this transportation is, that if it should be refused,
it would encourage the people to resist in other cases. I
am afraid. Sir, that the tame submission which indeed is fast
approaching, and which many seem so ardently to desire,
can never take place, till there is a total indifference about
religion among all the members of the Established Church ;
take our neighbour country of England as an example of
that desirable peace. But if this argument be laid as it
ought to be, that people should not be headstrong and un-
reasonable, it operates plainly the contrary way ; for there
is nothing whatever that would give us so much weight and
influence with the people, as that Ave sIioav a proper tender-
ness to them, as Ave have opportunity. If Ave do not oppress
them AA'hen Ave have it in our poAver to relieve them, Ave may
expect to have some influence over them, Avhen Ave are strait-
ened and distressed ourselves.

" Besides, Sir, on this subject of the prejudices of the
people, this pretence is carried a most unreasonable and ex-
travagant length, and nothing but the prejudice in themselves
could make men speak in such a style. Many Avill needs
have it to be prejudice, and groundless prejudice in a people,

206 ANNALS OF THE ASSEMBLY. [[1760.

if they do not fall in with a man to be their minister, against
M'hose life and doctrine they cannot bring any legal objec-
tion. Alas, Sir, all such things are matters of election and
choice, and not of legal proof. In illustration of the people's
case, there is a very good example given, that a man would
have just cause of complaint, if you should force a physician
upon him of whose skill he had no opinion, though he could
not prove him insufficient before the faculty.

" But, Sir, as it would be wrong to attribute opposition
to a minister's settlement in all cases to groundless prejudice,
I am sorry to say it, but I am obliged in justice to say it, we
have very little reason to do so in the present case. Even
in the case of a probationer, when he absolutely adheres to
a presentation, notwithstanding the greatest opposition from
the people, it is but a sony mark of love to souls, and of
that self-denial which every Christian should continually
maintain. Many things, however, may be said in favour of
a probationer ; yet. Sir, for a settled minister not only to act
this part, but to excel all that ever were before him, in a
bold and insolent contempt of the people, as plainly appears
to be Dr Chalmers' case, is such a conduct, that I shall have
a worse opinion of this Assembly than I have at present, if
they do not openly express their indignation at such inde-
cency of behaviour. In the history of the Church we find
no character more odious, or more unclerical, if I may speak
so, than ambition and open solicitation of ecclesiastical pre-
ferment. Little changes in forms. Sir, do often produce at
last great changes in manners and characters. In former
times, in our Church, the probationer or minister himself
was never considered as a party, but was considered as the
subject concerning which that process was carried on by the
callers or referees ; but now they have been for some time
past considered as parties — they begin to allow the cause to
appear at the bar — to urge their claim — to consider the people
Avho are to be their charge as their adversaries, and to treat
them with contempt and disdain.

" I confess. Sir, I am not able to imagine what are the
views of a minister who acts in this manner. It is not, I
fear, easy to answer, that he resolves to change his situation
and take upon him that office, from sincere regard to the
glory of God and love to souls, which he must profess at his
admission. But as we must be tender and cautious in judg-
ing of the inward motives of others, I shall leave that to Him

1 760.] CASES OP STIRLING AND LOGIE. 207

who judgeth the secrets of all hearts ; but in the meantime,
every one in this house is now called to judge, whether it
would be for the glory of God and the good of mankind, to
suffer him to execute his intention. Let it be considered
with seriousness. Moderator, it is not only the people of
the parish, or those of lower rank, but many of all stations
whom we shall ojffend, in the proper sense of the word, if
we order this settlement. They are led by such things to
treat, and they often do treat ^\^th derision, a minister's con-
cern for his usefulness, and affirm that it is no more than a
desire of a comfortable benefice and salary for life. I shall
be sorry to see the day, when, by resembling them in their
practice, we shall learn from England to leave the people
and the work altogether out of the act, and so call our charges
no more parishes but livings ! "

In the case of Stirling^ the Presbytery had sustained a
call to Mr David Plenderleath, minister of Dalkeith, to be
second minister of Stirling ; the Synod of Perth and Stirling
reversed this sentence, and sustained a call to Mr John
Muschet, probationer, to that charge ; and the Assembly,
on the 21st, without a vote, affirmed the sentence of the
Synod, and empowered the Commission to determine finally
in any question that may be regularly brought before them
in relation to Mr Muschet's settlement.

The Presbytery of Dumblane, notwithstanding the sen-
tence of the Assembly 1759, found, that the validity of the
presentation by George Ross, Esq., acting trustee for the
Earl of Dunmore, patron, in favour of Mr James Wright,
probationer, to be minister of Logie, was not sufficiently
instructed, as it appeared to them ; and therefore that they
were at liberty to proceed to the settlement of the parish
according to the rules of the Church. By the will of John
Earl of Dunmore, (who died on the 18th April 1752,) the
Duke of Athol, the Viscount Stormont, the now Lord Mans-
field, and the afore-mentioned Mr Ross, were appointed
trustees for certain purposes ; this presentation was signed
only by Mr Ross ; and the want of the subscription of the
other trustees was by the Presbytery thought a nullity. It
was, however, observed for the Earl of Dunmore, and the
callers of Mr Wright, that Mr Ross was the only acting
trustee, none of the other three having ever accepted or
acted ; and that he singly has transacted the whole business

208 ANNALS OF THE ASSEMBLY. [^1760.

of the family, as to which he had the best advice that either
kingdom could afford. The Assembly, on the 22d, mthout
a vote, reversed the before recited sentence of the Presby-
tery, sustained the presentation in favour of Mr Wright, and
appointed the Presbytery of Dumblane to proceed to the
moderation of a call to him alone, empowering the Com-
mission finally to determine in any question to be regularly
brought before them relating to that settlement.

On the 23d, two collections were appointed to be made
in all the churches of Scotland ; one, on a petition for the
magistrates of Crail^ for repairing the harbour of that town ;
and the other, on a petition of the corporation for the relief
of poor and distressed Presbyterian ministers, their mdows
and orphans, in Pennsylvania^ Newcastle, Kent, and Sussex
upon Delaware^ for support and relief of such ministers as
are, or may hereafter be, called to preach the Gospel among
the benighted Indians, or to such congregations as cannot
afibrd them a sufficient maintenance. The collection for
Crail harbour was granted, on condition that the magistrates
should report to the Assembly 1763 what money they had
received, and how it was expended. The person who pre-
sented the Pennsylvania memorial was Mr Chat'les JBeatti/y
minister of Newshaminy, in that country. He requested the
Assembly, in case a collection should be granted, to specify
whether it was to be for the support of ministers, or for their
widows and orphans. The Assembly fixed on the fonner
object.

Petition for Mr Harry Gordon, minister at Ardersier, set-
ting forth the smallness of his stipend, being only, at the
common conversion, 500 merks, which exhausts the free
teinds of the parish, by reason of the building of Port
George, which has taken up more than one-third of the
lands, and therefore praying the Assembly's recommendation
to the managers of the Royal Bounty for an addition to his
living, read, and remitted to the committee for managing
the Royal Bounty, w^th an instruction that they give him
£25 Sterling for this year.

The precentors in Dundee enjoined to observe the 5th
act of the Assembly 1699, anent ihe proclamation ofhanns
for marriage.

Report of the visitors of the registers of the committee for
managing the Royal Bounty brought in, the committee's con-

1760.] ACCESSION OP QE(»RGE III. 209

duct approver! of, the students of divinity employed on the
Royal Bounty appointed to produce certificates from the
Presbytery of the bounds wherein they officiate, as well as
from the minister of the parish, and the register ordered to
be attested.

Protestation admitted at the instance of the Synod of
Angus and Mearns, against John TVillock, one of the elders
of the parish of Laurencekirk^ for not insisting in an appeal
taken by him from a sentence of the said Synod, sustaining
a call to Mr David Forbes to be minister of Laurencekirk.

The several Presbyteries desired in time coming to be
more careful in sending up their commissions, with a list of
probationers on the back, as directed by the acts of Assem-
bly, and letters appointed to be sent to them for that purpose.

The Assembly rose on the 26th.

November Commission.

George II. died on Saturday, the 25th October 1760. The
intelligence reached Edinburgh on Tuesday, the 28th, and his
grandson, George III., was proclaimed the day following.*

In the London Gazette of Sunday, the 26th October,
there appeared the following declaration : —

" At the Court at Carleton House^ Oct. 25, 1760.

Present — The King's Most Excellent Majesty.

Viscount Falmouth.
Viscount Barrington.

His Royal Highness the Duke

of Cumberland.
Archbishop of Canterbury.
Duke of Leeds.
Duke of Newcastle.
Earl of Holdemesse.
Earl of Cholmondeley.
Earl Waldegrave.
Earl Gower.

Viscount Ligonier.

Lord Anson.

Lord Mansfield.

Mr Vice-Chamberlain.

Mr Secretary Pitt.

Henry Fox, Esq.

Sir Thomas Robinson.

• During the previous night, a detachment of dragoons " pa-
trolled the streets two and two, with dravon swords ; but there was
not the smallest disturbance."

210 ANNALS OF THE ASSEMBLY. [1760.

" His Majesty, at his first coming into the council, was
this day pleased to declare, That understanding that the law
requires he should, at his accession to the croAvn, take and
subscribe the oath relating to the security of the Church of
Scotland., he was now ready to do it this first opportunity :
which his Majesty was graciously pleased to do according
to the forms used by the law of Scotland, and subscribed
two instruments thereof in the presence of the Lords of the
Council, who witnessed the same ; and his Majesty was
pleased to order, that one of the said instruments be trans-
mitted to the Com-t of Session, to be recorded in the books
of sedei-unt, and afterwards to be forthmth lodged in the
public register of Scotland ; and that the other of them re-
main among the records of the council, and be entered in
the council-book."

When the Court of Session met on the 12th November,
the judges, clerks, advocates, ^mters to the signet, and agents,
took the oaths of office to the new King ; and the Lord Pre-
sident gave in to the Court the instrument of his INIajesty's
oath, relating to the security of the Church of Scotland.,
usually taken at the accession of a king, which was ordered
to be recorded in the sederunt -book, and then lodged in the
general register ; a copy of which here follows, viz. : —

" I, George the Third, King of Great Britain, France,
and Ireland, Defender of the Faith, &c., do faithfully promise
and swear. That I shall inviolably maintain and preserve
the settlement of the true Protestant religion, with the go-
vernment, worship, discipline, rights, and privileges of the
Church of Scotland, as established by the laws made there
in prosecution of the claim of right, and particularly by an
act, entitled. An act for seeming the Protestant religion and
Presbyterian Church government, and by the acts passed in
the Parliaments of both kingdoms for union of the two king-
doms.— So help me God." " George R."

[Witnessed and subscribed by all the Lords of the Privy
Council present.]

On Sunday, November 16, the royal proclamation for the
encouragement of virtue and the punishment of vice, was
read fi'om the pul^iits of all the churches in Edinburgh.
In the New [or High] Church, Mr Walker preached from

1?60.] DEPUTATION TO LONDON. 211

Psalm vii. 9, and introduced the proclamation in the close
of his sermon. The Magistrates, the Lords of Session, the
Barons of Exchequer, and all the congregation, rose up re-
spectfully at the beginning, and stood all the time of the
reading of it.

The Commission of the General Assembly met on the
19th of November. The moderator (Dr Hamilton,) re-
ported, that he had received a letter, dated Oct. 27, from
the secretary to the Privy Council, relating to the prayers for
the royal family,* which, by the advice of sundry ministers,
he had notified to the several Presbyteries ; which was ap-
proved of. It was then resolved to address the King on his
accession to the throne. Having agreed on the form of the
address, it was resolved to send some ministers as their com-
missioners to present it. The question was put. Whether
to send three or Jive ? both these numbers having been
proposed, and it carried ior Jive by a great majority. Then
it was unanimously resolved. That the moderator, Dr Ro-
bert Hamilton, Professor of Divinity in the University of
Edinburgh, should be one of the five, and that the other
four should be chosen by a vote. The vote carried in fa-
vour of Dr George Wishart, Mr Alexander Webster, Dr
George Kay, and Dr John Jardine, all ministers of Edin-
burgh. To these five ministers the Commission unani-
mously joined 3Ir Gilbert Elliot, advocate, appointing them
their commissioners to wait on his INIajesty with their ad-
dress. It was likewise resolved to address the Princess-
Dowager of Wales, (the King's mother.)

The follomng is an abstract of the report given in by the
deputation to next Assembly : — " On our arrival at Lon-
don, we waited on his Majesty's secretaries of state, and
others of his ministers, being joined by Gilbert ElHot, Esq.,
one of the Lords of the Treasury, who was named in com-
mission with us, and to whose assistance we were greatly

* By the order in Council, (of date 27th October,) his Majesty
declared his royal will and pleasure, that in all prayers for the royal
family, instead of the words, " Their Royal Highnesses George
Prince of Wales, the Princess-Dowager of Wales, the Duke, the
Princesses, and all the Royal Family," be inserted, " Her Royal
Highness the Princess-Dowager of Wales, and all the Royal Fa-
mily.''

212 ANNALS OF THE ASSEMBLY. [1760.

indebted in the proper discharge of the trust committed to
us.

" As commissioners from the Church of Scotland, we
thought it our duty to represent, That if the precedents and
established forms in cases of this kind could admit of it, we
hoped to have the honour of presenting the address to his
Majesty on the throne. But upon inquiry it appeared, that
such audiences were only given to whole bodies or societies
of men, and never to their commissioners or delegates, how-
ever numerous, not even to deputations from both Houses
of ParUament.* At the same time we had the pleasure to
be assured, that his Majesty would receive our address with
particular marks of his royal regard.

" Accordingly, when we were introduced to his Majesty
by the Right Hon. the Earl of Holdernesse, then one of the
principal secretaries of state, and had the honour to present
the address, his Majesty was pleased to receive it in the most
gracious manner ; and after each of us had the honour like-
wise to kiss his hand, we received, as a distinguishing mark
of his royal favour, an answer in writing, which his Majesty
seldom gives, except when he receives addresses on the
throne."

[Here are inserted the King's and the Princess of Wales'
answers to the addresses, as given below, and an account of
the commissioners' gracious reception by her Royal High-
ness.]]

" We have only to add, that we had the pleasure to re-
ceive fi-om all his Majesty's ministers warm and repeated
assurances of their regard for the Church of Scotland, and
their hearty concern for its Avelfare and prosperity ; and that
the noble person who now represents his Majesty in this
Assembly [Lord Cathcart,] and all the other noblemen and
gentlemen of Scotland, members of parliament, and others
then at London, whom we had the honour to see, behaved
towards us on that occasion in such a friendly manner, as
gave us most agreeable impressions of their affectionate re-
gard to this Church/'

The following is the account which appeared in the Lon-
don Gazette : —

* This point of etiquette has since been departed from, both in
the case of the Church of Scotland and of Dissenting bodies.

1760.] ADDRESS TO THE KING. 213

" St James's^ Dec. 20. — The following address of the
Commission of the General Assembly of the Church of Scot-
land, has been presented to his Majesty, by Dr Robert Ha-
milton, Professor of Divinity in the University of Edinbm-gh ,
their moderator ; Dr George Wishart, Dr '•■ Alexander Web-
ster, Dr George Kay, Dr John Jardine, ministers of Edin-
burgh, and Gilbert EUiot, Esq., one of the Lords of the
Admiralty, and an elder of that Church. They were intro-
duced by the Right Hon. the Earl of Holdemesse, one of
his Majesty's principal secretaries of state.

" Mai/ it please your Majesty.,

"• AVe, your Majesty's most dutiful and loyal subjects,
the ministers and elders met in the Commission of the Ge-
neral Assembly of the Church of Scotland, humbly beg leave
to take this first opportunity of presenting to your Majesty
our sincere expressions of condolence for the loss which your
Majesty and the nation have sustained, by the death of our
late most gracious sovereign.

" "^VTien we reflect on the many eminent virtues which
adorned his character, and the prosperity w^e enjoyed under
his long and happy reign, Ave cannot but be alfected Avith
the deepest concern for the loss of a life so valuable and
important.

'• At the same time, we do most thankfully acknowledge
the goodness of God, who raised up a successor in that royal
family, which hath been so remarkably the blessing and
glory of these kingdoms.

" Permit us, Sir, in all humility, to approach your sacred
person with our most hearty congratulations upon your JMa-
jesty's happy accession to the croAAii of your ancestors. The
early discoveries you have given of that greatness of mind
and goodness of heart Avliich form true majesty, and insure
the happiness of a free people ; your gracious declaration,
expressing your tenderest aff*ection for this your native
country, and your resolution to preserve and strengthen the
constitution both in Church and State, are to us the surest
pledges of the continued prosperity and glory of Great Bri-
tain ; and make us reflect, with gratitude to Almighty God,
upon that happy period when our religion and liberties were

* He received the degree of doctor in divinity before he set out
for London.

214 ANNALS OF THE ASSEMBLY. [1760.

secured by the settlement of the succession to the crown in
the illustrious house of Hanover.

" Rejoicing with our fellow-subjects in the security of all
our important interests under your Majesty's government,
we have a peculiar satisfaction, and an entire confidence, in
the solemn assurance your Majesty has given us, that you
will inviolably maintain and preserve the rights and privi-
leges of the Church of Scotland as by law established.

" Bound as we are to your Majesty by every tie of duty
and interest, w^e beg you to be assured of our unshaken
fidelity and inviolable attachment to your Majesty's person
and government.

" Impressed with these sentiments, we shall not fail to
inculcate upon the minds of a loyal people the principles of
duty and obedience to your Majesty, and to use our utmost
endeavours to promote the pious design of your royal pro-
clamation against profaneness and immorality.

" That the God of all grace may abundantly bless you
with all spiritual and temporal blessings ; that your reign
may be long and glorious ; that your throne may be estab-
lished in righteousness, and in the affections of your people ;
that the Lord of hosts may continue to bless your arms, and
those of your allies, with signal success ; that the calamities
of this just and necessary war may speedily terminate in an
honourable and lasting peace ; and that, when your Majesty
has acted your part -with honour and renown, as a faithful
servant of God upon earth, you may shine with the highest
glory in the heavenly kingdom, are the sincere and fervent
prayers of," &c.

" Robert Hamilton, Moderator.

" Edinburgh, Nov. 19, 1760."

To which address his Majesty was pleased to return the
foUomng most gracious answer : —

" The zeal and fidelity the Church of Scotland express
for my person and government, in this dutiful and loyal ad-
dress, are very agreeable to me ; and I thank them for it.
They may depend upon my constant support and protection."

The address to the Princess of Wales did not appear in
the Gazette, but it wa^s published in the London Chronicle
of December 20, as follows ; —

1761.] ADDRESS TO THE kino's iMOTHER. 215

" To her Royal Highness the Princess-Dowager of Wales,
the humble Address of the Commission of the Ge-
neral Assembly of the Church of Scotland.

" May it please your Royal Highness^

" We, the ministers and elders of the Commission of the
General Assembly of the Church of Scotland, beg leave to
approach your Royal Highness with the most profound re-
spect.

" Whilst we condole with your Royal Highness on the
death of our late most gracious sovereign, permit us to ex-
press our congratulations on the accession of the King, your
son, to the imperial cro^^^l of these realms.

" His Majesty's distinguished regard to the interests of
religion and virtue, we consider, with gratitude to your Royal
Highness, as the happy fruit of your pious attention to his
education, and as a sure pledge of the future glory of his
Majesty's reign, and the happiness of his subjects.

" That your Royal Highness may be long preserved a
blessing to the royal family, beloved and honoured by the
British nation, and cro\^^led at last with glory, and honour
and immortality, are the most ardent prayers of," &c.

" Robert Hamilton, Moderator.

" Edinburgh, Nov. 20, 1760."

To which address her Royal Highness was pleased to re-
turn the following most gracious answer : —

" I return you my hearty thanks for this mark of your
attention to me, and of your duty to the King, my son ;
and you may always depend on my good wishes."

Assembly 1761.

The General Assembly met at Edinburgh on Thursday,
May 21.

After sermon by Dr Robert Hamilton, moderator of the
Assembly 1760, from Psalm cxxvi. 3, the members met in
the Assembly House, and chose Dr John Hyndman, one of
the ministers of West Kirk, moderator.

Then the Lord Advocate informed the Assembly, that a
commission from the King had come down, appointing a

216 ANNALS OF THE ASSEMBLY. [1761.

Noble Lord then in Edinburgh to be his Majesty's Com-
missioner in this Assembly ; but the commission being ad-
dressed in the usual style, To the Lord Keeper of the Great
Seal, and that office being now vacant [by the death of the
late Duke of Argyle,*] and the late deputy-keeper not
thinking himself authorised to append the seal to any writ
or commission, A\dthout a special warrant for that purpose ;
by these accidents it had happened, that his Majesty's gra-
cious intention of being present by his Commissioner in this
first Assembly of the Church of Scotland since his happy
accession to the throne, could not take place in this first day
of their meeting ; but as an express had been despatched to
London, in order to obviate this stop to the expeding his
Majesty's commission, there was no room to doubt but that,
upon the return of that express, his Majesty's Commissioner
would be enabled to meet with this Assembly ; which, till
the commission was certified under the great seal, he was not
authorised to do. The Assembly thereupon appointed their
usual committees, t

On the 23d, the Assembly called for the report of the
ministers appointed by the Assembly 1760 to visit the High-
lands and Islands ; which being produced and read, a com-
mittee was appointed to prepare an overture from it, for
carr}ang the design of the visitation into execution. Then
the moderator, (Professor Hamilton in the chair, Dr Hynd-
man, the moderator of this Assembly, having himself been
one of the "vdsitors,) at the Assembly's desire, returned their
thanks to the visitors for their care and diligence in exe-
cuting the commission given them. And the ^asitors having
represented the civilities shown and assistance given them
by the ministers in the Highlands and the north ; the favour
conferred on them by the commissioners of the customs, by
ordering them the use of one of the King's wherries as they
had occasion for it ; and also the civilities shown them by
the officers of the army, in consequence of a letter received
from Lord George Beauclerc, commander-in-chief ; the mo-
derator, at the Assembly's desire, and in their name, re-
turned their thanks to such of the ministers from the High-

* Archibald, Duke of Argyle, died on the 15th of April, in his
80th year.

f The proceedings of the Assembly 1746, on a like occasion,
were somewhat different. — See the former vol., p, 83.

ITfil.] NEW ERECTIONS IN THE HIGHLANDS. 217

lands and north as were present, for their kindness and
assistance to the visitors in the course of their \4sitation ;
and the Assemhly named Dr Cuming and Mr Nasmith,
ministers, and 3Ir Alexander 3Iurray, ruling elder, as a
committee to wait on the commissioners of the customs and
on Lord George Beauclerc, and return them the Assembly's
most hearty thanks for the favours and assistance given by
them to the \asitors.

The report of the committee was received May 30, im-
porting. That the committee had made out an abstract of the
visitors report, sho^ving the substance of it at one \aew, and
that they had also added to that report such information as
had been given in by members of the Assembly relative to
places in the Highlands and Islands which the visitors were
not instructed to visit, but which seemed to require the same
attention from the Assembly with the places visited ; and
upon the whole, the committee overtured, that from the re-
port it appears necessary, —

1 . That there should be about forty new erections, at the
places or in the parishes specified in the report, and abstract
of it, with a competent stipend, and a proper church, manse,
and glebe, to each.

2. That there should be a parochial school at each of the
places of new erection, with a legal salary to each school-
master.

3. That besides these parochial schools, there ought to be
erected five schools of a higher kind, for teaching the dead
languages, together with arithmetic, writing, and other
branches of Hterature, ^Wth a legal salary ; and that these
schools should be erected at the follo^-ing places, viz., one
at Arros in Mull, in Argyleshire ; one at North Uist, one in
the Isle of Skye, and one at Fort Augustus, (these three
in Tnvemess-shire,) and one at Tarbet, in Argyleshire.

4. That a copy of the report and abstract should be put
into the hands of the Commissioner ; and that the Assem-
bly should desire of his Grace to lay them before the King,
for his royal consideration.

5. That in the meantime, the Assembly should appoint a
general collection through Scotland for the maintenance of
students having the Irish language.

The Assembly approved of this report, appointed a collec-
tion to be made as mentioned in the last article, and made
the request to the Commissioner proposed in the 4th. In

T

218 ANNALS OF THE ASSEMBLY. Q1761.

answer to which his Grace was pleased to undertake to lay
the report of the visitors, and the abstract of it, before the
King.

On a representation by the Presbjrtery of Garioch, in re-
lation to a simoniacal paction betmxt Mr Urquhart of Mel-
drum, pati'on, and Mr Likly, minister of the parish of Mel-
drum^ (who, before he was settled as assistant and successor
to his father in that parish, had granted an obligatory letter
for £50 Sterling to the patron, payable two years after his
father's death, which sura the patron is now claiming pay-
ment of,) the Assembly, on Monday, May 25, unanimously
appointed the procurator and agent of the Church, at the
public charge, to appear in defence of Mr Likly, in case the
patron shall pursue him for payment of the £50.

As this case created much interest throughout the Church,
and especially in the north, we present the followdng papers
in illustration of it.

JMr Likly, conceiving that the act of Assembly 1759
against simony, rendered it imperative on him to communi-
cate the transaction to the Presbytery, laid the circumstances
before them in November 1760. They instructed their mo-
derator to address Mr Urquhart, the patron, who sent in
reply the following letter : —

Aberdeen, Dec. 5, 1760.

Rev. Sir,— lam favoured with the Presbytery's letter of the
26th ult., subscribed by you as their moderator, concerning the case
laid before them by Mr John Likly at their last meeting ; and I
give you the trouble of my answer, which you will be pleased to
communicate to your brethren.

I reckon myself obliged to the Reverend Presbytery for the jus-
tice they do me, in allowing me an opportunity of vindicating my-
self before they come to any resolution ; and I shall therefore give
them a full and genuine account of the whole affair.

What favours I have done Mr Likly and his family are known to
himself ; I do not choose to mention them particularly ; I shall only
say in general, that when it was in my power to show him any marks
of friendship, or do him real service, I never missed an occasion.

In the year 1741, Mr Henry Likly, minister at Meldrum, finding
himself (through age and infirmity,) unable to discharge all the
duties of his office, inclined to have an assistant ; and his eldest
son being then a preacher, it was natural to employ him rather than
a stranger, which being intimate to me, I not only approved of it,
but proposed that the son should be settled as successor to the
father, and have the survivance ; and for this end wrote a letter to

1761.] CASE OF LIKLY OF MELDRUM. 219

the Presbytery, ceding my right of presentation for that vice, and
consenting to the moderation of a call, whicli was accordingly ap-
pointed ; and I procured an unanimous call to Mr John Likly, who
was soon after ordained and settled in consequence of it.

But previous to this, I had represented to Mr John Likly, that
I, as patron, would have right to the disposal of any vacant stipends
that would become due after his father's death, for pious uses with-
in the parish, in case no interim settlement were made ; and it
would be unreasonable that the parish should lose that benefit, and
I the application of the money, or that my kindness and good- will
for him should prejudge any right to which 1, as patron, was en-
titled by law ; and therefore I gave him the scroll of a letter, which
I desired he might write over with his own hand, narrating what
is above mentioned, and therefore discharging any right to the first
year's stipend after his father's death, and the payment of the ann
to his executors. And he having advised with some of his friends,
and those he put trust in, told me, that though he was sensible that
what was proposed was highly reasonable, yet he was afraid his
granting a letter in these terms might be misconstructed, and ex-
pose him to the censure of the Presbytery, if it should happen to
come to their knowledge ; and therefore he offered me a holograph
letter, obliging himself to pay to me £50 Sterling, (being one year's
stipend, reckoning the victual at the conversion,) at the end of one
year and a half or two years after his father's death ; and so cautious
was he, that he gives no date to the letter, that it might not appear
to be granted at tho time of his admission and settlement. Although
1 did not think Mr Likly's scruples well-founded, or that there was
any thing unlawful in what I myself had proposed, yet, to satisfy
him, 1 departed from it, and accepted of the letter he made offer of.

Some time after, although I was uncertain when this money
would become due and payable to me, I applied £50 and upwards
out of my o^^^l pocket, for building a steeple to the town-house of
Old Meldrum, and purchasing a clock and bell for it, which 1 had
no doubt was a p'o«5 use within the meaning of the law, as well as
building bridges, which is expressly named in the act of parliament ;
and as this bell is the only one that has been used these several
years for convening the parishioners to the church, it seems to be
both a public and a pious use.

In the year 1755, when the minister's manse was to be repaired,
Mr John Forbes, my factor, told me, that if 1 would give up the
letter above mentioned, Mr John Likly would pay the expense of
the reparations out of his own pocket ; and although I cannot be
positive that„Mr Forbes said he had authoiity from Mr Likly for
making this offer, yet it is not to be supposed he would have done

it without his knowledge and approbation But I would not

hearken to this proposal, because I reckoned this money belonged
to myself alone, as being formerly laid out for a pious use ; and I
was only bound to pay the half of the expense of the reparations.
And soon after this time, Mr John Likly and I happening to talk
on this subject, he said he remembered the letter very well, and

220 ANNALS OF THE ASSEMBLY. [^1761,

did not speak of it as a thing he thought wrong, or repented of; so
that I never doubted of its being paid when it should fall due.

In July last old Mr Likly died ; and then I sent to Mr John Likly,
and proposed he might retire his letter, and give a bill for the mo-
ney, payable at the time it becomes due. But this he refused, and
said he had done the thing rashly, and for his own safety he was
obliged to communicate the whole affair to the Presbytery, who
probably would forbid his making payment of it ; and if they should
proceed to depose him, he did not doubt that Bethelnie, to whom
the right of patronage now belongs, would give him a new presen-
tation, by which he apprehended Meldrum would be deprived of
any pretence for asking payment of this money. After this I did
not intend to say any more about it, until the term of payment fixed
in the letter should elapse ; but about the beginning of last month,
I received a letter from Mr Likly, acquainting me that he was to
lay the affair before the Presbytery at their first meeting, and ask-
ing a copy of the letter for that purpose. In answer to which I
desired Mr Forbes, my factor, to acquaint him, that he might do
whatever he thought best, and would conduce most for his interest ;
but that I saw no occasion for sending a copy of the letter, as he
no doubt remembered the contents of it. However, for the Pres-
bytery's satisfaction, an exact copy of it is subjoined.

Thus I have given an ample and fair detail of the whole trans-
action, which I affirm, upon the word of a gentleman and a Chris-
tian, to be strictly true ; and as the truth of all the particulars are
consistent wdth Mr Likly 's own knowledge, I dare say he mil not
refuse or contradict any one of them.

I hope therefore the Reverend Presbytery wdll see, that nothing
unfair was intended upon my part ; and wall not countenance or
encourage one of their members in refusing payment of a just debt,
which I humbly think is well founded both in law and equity. But
if they shall be of a different opinion, and resolve to support him
in it, I must be excused to defend myself, and endeavour to main-
tain my right in the best manner I can. — I am, Rev. Sir, yours and
the Presbytery's most obedient humble servant, W. Urquhart.

To the Ret. Mr James Chalmers, Minister of the}
Gospel at Daviot, — to be communicate. y

Copy of Mr John Liklfs Letter.

Honoured Sir, — At the end of one year and a half, or two years,
after my father's death, I hereby oblige myself to pay to you, at
your own house of Meldrum, the sum of fifty pounds Sterling mo-
ney. And I beg you'll accept of this my holograph letter, as suffi-
cient security for the same, which I hereby declare to be obligatory,
although I may have mistaken in the form. The many obligations
you have already laid me under, in the frankest and most obliging
manner, encourages me to expect this other favour. — I am, with
the greatest sincerity, and highest regard, honoured Sir, your most
obliged and most humble servant, John Likly.

1761.] CASE OF LIKLY OF MELDRUM. 221

The Presbytery, after privately rebuking Mr Likly, ad-
dressed to the Assembly the following representation : —

Unto the Very Reverend the Moderator and remanent Members of the
Venerable Assembly of the Church of Scotland, the Representation of
the Presbytery of Garioch ;

Humbly Sheiceth,— That whereas, by act 8. Ass. 1759, the Pres-
byteries of this Church are ordained to lay a representation before
the General Assembly, of any simoniacal paction or practice within
their bounds, that the procurator for the Church may have orders
to raise and carry on a process of reduction of such bargains or ob-
ligations before the Court of Session ; and whereas Mr John Likly,
minister of Old Meldrum, from an apprehension of the duty incum-
bent on him, in consequence of the said act, did represent to the
said Presbytery of Garioch, in November last, a transaction of his
with Mr Urquhart of Meldrum, patron of the said parish, in which,
by his holograph letter, in the year 1741, he obliges himself to pay
the sum of fifty pounds Sterling to the said patron, in a year and
an half or two years after the death of the deceased Mr Henry Likly,
his father, at that time minister at Old Meldrum, and to whom his
son, the said Mr John Likly, was at that time settled assistant and
successor ; and whereas the said Mr Henry Likly died only in July
last, and the said deed is not yet implemented ; and whereas the
Presbytery did acquaint the said Mr Urquhart of Meldrum of the
said representation to them, that he might have an opportunity to
acquaint the Presbytery of any thing that he might judge to be ma-
terial relative to that affair ; and he having accordingly wrote to
the Presbytery, acquainting them of all he judged necessary on that
subject ; and whereas, on comparing Mr Likly's representation and
the said letter together, the Presbytery did find the following facts
to be acknowledged on both sides : —

1. That the letter is in the following terms. — (See preceding page.)

2. That though the letter bears no date, nevertheless it was
granted much about the time of Mr Likly's ordination as colleague
and successor to his father.

3. That though no onerous cause is mentioned, yet that the said
obligation was granted and demanded as a compensation to the said
patron or parish, for the loss of vacant stipend which he or they
might sustain through that manner of settlement.

4. That the sum of fifty pounds Sterling money, which Mr Likly
has bound himself to pay to the patron, is equal to the amount of
one whole year's stipend of the said parish, including the commu-
nion element money, and without any deduction of the taxation for
the widows' fund, to which vacant stipends are subjected.

And whereas the Presbytery, having fully and maturely consi-
dered the said afiair, and being of opinion, that the design of the
law in appointing stipends was for the maintenance of the ministry,
in order to the regular administration of Gospel ordinances in pa-
rishes ; so that, when circumstances permit a settlement to be made

T 2

222 ANNALS OF THE ASSEMBLY. Ql76I.

in a parish, without giving time for vacant stipend, this must, in
the eye of the law, as well as reason, appear to be a benefit and not
a loss to that parish ; and the Presbytery being also of opinion,
that the patron has no right to the vacant stipend as his property,
and that he has only a trust, to dispose of them to pious uses, when
there happens to be any vacant, which is also merely casual ; so
that, in justice, he can allege no loss to himself by the want of va-
cant stipend, and consequently, that this supposed loss can be no
sufficient onerous cause for an incumbent to oblige himself to pay
any sum of money to a patron : Therefore, the Presbytery unani-
mously found, that the letter granted by Mr Likly, by which he
obliges himself to pay fifty pounds Sterling to the patron, being
acknowledged on both sides to have been granted in consequence
of the consent given by the patron to his settlement, and in order
to make up the supposed loss of vacant stipend, appeared to them
to be a simoniacal deed, and that it is their duty to lay this case
before the General Assembly, in terms of act 8. Ass. 1759, that the
Assembly may give such orders to their procurator thereanent as
they shall see cause : And further, the Presbytery were of opinion,
that Mr Likly cannot homologate the said deed, by commuting the
security, or any other way implementing the same, till the mind of
the General Assembly be known thereanent, or he be otherwise
compelled in due course of law, without manifestly exposing him-
self to the highest censure : Therefore, in obedience to the said
act of Assembly 1759, they appointed this representation of the
said affair to be laid before the next General Assembly, that they
may do therein as to them in their great wisdom shall seem meet.
And this representation is, in name, presence, and by appointment
of the said Presbytery, signed by

James Chalmers, Moderator.

Follows, a Copy of the Letter from the Rev. the Presbytery of Garioch
to the Moderator of the General AssenMy, which accompanied the
above Bepresentation.

Very Rev. Sir, — The Presbytery of Garioch have transmitted
to the General Assembly a case of simony which has happened
within their bounds, and they beg leave to entreat of the Assembly
to take that affair under their most serious consideration, as they are
humbly of opinion, that it makes some further explication necessary
of the acts of Assembly on that subject.

Though the Presbytery were of opinion, that the transaction,
however veiled, was truly simoniacal, and have censured Mr Likly
according as the circumstances of his case seemed to require, yet
they were informed that some eminent lawyers were of opinion that
the transaction was valid in law, on account of a supposed onerous
cause, viz., a compensation for the want of vacant stipend, on which
it is acknowledged to have been founded. This circumstance, in-

1761.] CASE OF LIKLY OF MELDRUM. 223

stead of deterring the Presbytery from troubling the Venerable As-
sembly with this transaction, rather determined them so to do, that
they might thus put in the Assembly's view a method which, if au-
thorised or disregarded, might introduce a train of simoniacal deeds,
under the guise of legal transactions, and that the Assembly might
take such proper steps for giving a check to such pernicious prac-
tices, as to them may seem meet. Though cases circumstanced in
all respects as the present cannot oft occur, because settlements of
"c^ikoorues and successors are but rare, yet if a compensation for loss
of vacant stipend be in general admitted as a legal onerous cause,
as the duration of vacancies is quite indefinite, a patron can never
want a legal pretence for a simoniacal deed in any settlement, by
alleging that he ought to have had more vacant stipend, and that
this loss must be compensated. How far these deeds might be
found good in civil courts, the Presbytery are far from pretending
to judge, but hope they will be excused for representing a matter
to the Assembly, the consequences of which appear to them so
alarming.

As avidity sets ingenuity constantly to work to find out disguises
for these simoniacal transactions, the Presbytery beg leave humbly
to submit to the wisdom of the Venerable Assembly, whether or
not, besides giving the orders directed by the Assembly 1759, if so
they shall think proper, and explaining that act, so as specially to
comprehend all transactions founded on a compensation for loss of
vacant stipend, under the denomination of simoniacal deeds, they
will not also see fit in general to declare, that all lucrative deeds
done in consequence of a patron or heritor's giving consent to a
settlement for an onerous cause, not legally binding on the candi-
date before the said deeds were granted, however they may be
binding in law after they are granted, shall be deemed simoniacal.
The Presbytery did not think it expedient to trouble the Assembly
with a tedious extract of papers, but rather chose simply to represent
the material facts which they found acknowledged on both sides,
as they were all on which the Presbytery could found their judgment.
But lest the Assembly should incline to see the representation and
letters to the Presbytery, they have also appointed attested copies
of them to be in readiness to be produced when called for. This,
in name, presence, and by appointment of the Presbytery, is sub-
scribed by

James Chalmers, Moderator.*
Chapel of Garioch,
Aug. 1, 1761.

* A letter from Mr Urquhart, attacking the Assembly's decision, may be seen
in a short-lived periodical, called the Aberdetn Magazine (conducted by Francis
Douglas,) for the year 1761, p. 385. He complains, that though Mr Likly was full
twenty-five years of age when he signed the obligation, he took no qualm of con-
science about it till after his father's death, (twenty years after,) when the term
of payment became fixed. Mr Likly's reply is in the same Magazine, at p. 474.
He grounds his defence on the act of Assembly 1759. For a discussion of the
points of casuistry involved in the case, the reader may consult the Scots Magazine
for 1761, pp. 467, 622, and the Aberdeen Magaxin", p. 539.

224 ANNALS OF THE ASSEMBLY. [1761.

The same day, the following overture for preventing the
dilapidation of stipends, was transmitted from the com-
mittee for overtm*es, viz. : — " The General Assembly enjoin
the several Presbyteries of this Church to take an exact ac-
count, on the place, of the extent of the stipend, glebe, grass,
and other emoluments, belonging to every minister \\ithin
their bounds, and record the same with accuracy in the
Presbytery books, so that every succeeding incumbent may
see at once what he is entitled to, and Presbyteries may be
the better able to give a check to any dilapidations which
may be attempted." Which overture being read, the As-
sembly agreed to transmit it to the consideration of the
Presbyteries, mth this addition, — " That where a minister is
possessed of more glebes than one, and has been in use of
letting the glebe or glebes most remote from his manse, that
such glebe or glebes shall, in all time coming, after the boun-
daries and limits thereof are ascertained as above directed,
be let only by tack, in which the extent and marches thereof
shall be particularly set forth, and the same lodged with the
Presbytery clerk."

In return to the express sent to London, one of the King's
messengers arrived at Edinburgh on Monday the 25th, with
his Majesty's wari'ant to the late deputy-keeper of the Great
Seal, to append the seal to the commission. Next day,
(Tuesday, the 26th,) Lord Cathcart assumed the dignity of
Commissioner ; and " being accompanied by a great number
of noblemen and gentlemen, and attended by a splendid
retinue, his Grace walked in procession from his lodgings to
the High Church aisle, the street being lined by the city
guard, and several companies of General Holmes' regiment."
After the usual formalities, he produced the King's com-
mission, duly sealed, constituting liim his Majesty's High
Commissioner and representative in this Assembly ; which
was read, and ordered to be recorded. His Grace then pre-
sented the King's letter to the Assembly, which was likewise
read, and ordered to be recorded. It is as follows : —

To the Right Reverend and Well-beloted the Moderator, Ministers, and
Elders of the General Assembly of the Church of Scotland.

George R.

Right reverend and well-beloved, we greet you well. Having

1761.] THE king's LETTER. 225

the most perfect confidence, as well in your loyalty and affection
to our person and government, as in your zeal for the encourage-
ment of virtue and piety, we take this first opportunity of assuring
you of our fixed purpose and resolution to support the Presbyterian
Church of Scotland in the full enjoyment of its rights and privileges,
as by law established.

At the same time, as we have no doubt of your coming together
in the best intentions to promote the happiness of our reign, and
the true interest of the Church whereof you are members, we have
a particular satisfaction in countenancing your present meeting with
our royal authority.

The many and repeated proofs which your former Assemblies
have given of their wisdom, prudence, and temper, are an earnest
to us of the moderation which we may expect from you, in avoiding
all unnecessary debates and contentions amongst yourselves, and
giving your whole attention to the means of advancing true reli-
gion, and the service of Almighty God.

The preventing as much as possible the growth of Popery, and
suppressing of vice and immorality to the utmost of your power, are
objects of so great consequence, that you may be fully assured of
our ready concurrence with you in whatever may tend to the at-
tainment of this desirable end.

And as you cannot but be affected with the most sensible plea-
sure in reflecting upon the present undisturbed tranquillity and
freedom which you enjoy, in common with the rest of our good
subjects of Scotland, we are persuaded you will think it of the
highest moment, to infuse into the minds of the people under your
charge, such principles and such a spirit as may be best adapted to
the security of our happy constitution, and their own most valuable
interest.

We have appointed our right trusty and well-beloved Charles,
Lord Cathcart, to represent our royal person in this Assembly,
being well satisfied wnth his loyalty, integrity, and zeal for our
service. You have before .had experience of his abilities for the
discharge of this important trust which we now confer upon him,
and of his particular afiection to the Church of Scotland, and con-
cern for its prosperity ; so that we have the greatest reason to be-
lieve, that our choice of him, upon this occasion, will be most
agreeable to you.

There is nothing more remaining, but to acquaint you with our
hopes, that the charity, brotherly love, and unanimity of your pro-
ceedings in the business before you, will bring this your meeting to
as happy a conclusion as that of any former Assembly. And so we
bid you heartily farewell.

Given at our Court at St James's, the 6th day of May 1761,
in the first year of our reign.

By his Majesty's command.

Bute.

226 ANNALS OP THE ASSEMBLY. [1761.

Then the Commissioner made the following speech to the
Assembly : —

Right Rev. and Right Hon.,

You were informed by a very honourable and worthy servant of
the Crown, that his Majesty's not being present amongst you by a
Commissioner, as usual, on the first day of your meeting, was ow-
ing to a very particular incident, and not to any want of regard, or
even of attention, in his Majesty towards you. I hope this infor-
nqation gave you the satisfaction it was meant it should ; and I am
very glad it is now in my power to do myself the honour and plea-
sure to confirm it to you.

I had his Majesty's orders to take the earliest opportunity of as-
suring you of his entire satisfaction in your conduct in former As-
semblies, and of enforcing to you the sense his Majesty is pleased
to entertain of your aflfectionfor his person, and zeal for his service
and government. I was likewise commanded to repeat to you, in
his Majesty's name, those assurances which he has been pleased to
give you in his most gracious letter, of his resolution to maintain
Presbyterian government in this part of his united kingdom, and to
support the Church of Scotland, as established by law, in the pos-
session and enjoyment of all her rights and privileges.

His Majesty, greatly sensible of the advantages which have arisen
both to religion and to government, from the application you have
made in the Highlands and Islands of Scotland, of the annual do-
nations which his royal immediate predecessors have given for the
propagation of Christian knowledge, and of the principles of the
Reformed religion, hi those remote parts of this kingdom, has been
pleased to grant the sum of £1000 for his donation for this year,
to be applied by you to the same purposes ; and has commanded
me to give you a warrant on his exchequer for that sum, which I
have the honour to deliver to you.

Right Rev. and Right Hon.,
Since I had last the honour of meeting you here, it has pleased
Almighty God to put a period to the Ufe and reign of our late most
excellent sovereign. I need not, I am sure, remind this Assembly
of the many and great advantages the nation uninterruptedly enjoyed
under the long and most mild administration of his late Majesty,
nor of the particular share which this National Church always pos-
sessed of his honour, of his approbation, and of his royal munificence ;
the continuance of which I had the honour, in your last meeting, to
give you the strongest assurances of, by his Majesty's express com-
mand. I am convinced this unexpected and most awful stroke of
Providence must have made upon your hearts, at the time it hap-
pened, those impressions which were natural and proper upon an
occasion so affecting ; and if I now endeavour to renew them for a
moment in your breasts, it is because in the place where I have the
honour to stand, this place where formerly I have so often stood as
a servant of his late Majesty, I feel myself called upon to do so, by

1761.] THE MODERATORS SPEECH. 227

the voice of duty and of gratitude, with an impulse not to be re-
sisted.

But having paid to the honoured memory of my late royal master
this small tribute of praise, of affection, and of concern, there re-
mains a more animating part of my office ; it remains that I should
congratulate my happy country, which I do from the bottom of my
heart, that a prince, British by his birth, British by his education,
and British by every virtue, every thought, wish, and inclination,
now fills the British throne. It is not now the time, nor the place,
to commemorate the many gracious acts, public and private, by
which this most auspicious reign has been opened, and which serve
demonstrably to prove the firmness of the King's character, as well
as the gentleness of his nature, his affection for his people, his re-
gard for the constitution, his deep sense of religios, and his zeal to
promote in others, both by the weight of his authority, and by his
own example, the love and practice of virtue and of true piety ; but
were it possible to conceive there could be a man in this Assembly,
who had passed his time so remote from all intelligence, that the
fame of these joyful truths had never reached him, to him I would
recommend to form his judgment upon them from the contents of
the gracious letter from his Majesty, which I have just had the ho-
nour to deliver to you. From that letter, all the King's subjects
in Scotland %vill easily see what they may hope and expect from his
Majesty ; and from that letter this Assembly may very clearly per-
ceive what his Majesty wishes, and does expect from them. That
being the case, I have nothing to add, but the assurances of my own
great desire to be useful and assisting to you, by every opportunity
of serving you, which the high trust his Majesty is at present pleased
to repose in me, may furnish me with ; and I will rest assured, from
former experience, that your conduct will be such in this Assembly
as will enable me, at the close of it, to make that report of your
proceedings to the King which will be most agreeable to his Ma-
jesty, and most for the advantage and for the honour of the Church
of Scotland.

To this speech the moderator, in name of the Assembly,
made the following return : —

May it phase your Grace,

The account which the Lord Advocate, by your direction, was
pleased to give us of the reasons which hindered your Grace from
honouring the first meeting of this Assembly with your presence,
gave most entire satisfaction to all its members ; and we are now
extremely happy to b&hold his Majesty's person represented by your
Grace, and the Assembly fully countenanced with the royal autho-
rity and favour.

Since the last General Assembly of this Church was holden in
this place, it hath pleased Almighty God to call out of this world
our late most gracious king ; an event most sincerely lamented by

228 ANNALS OF THE ASSEMBLY. [1761.

all his faithful subjects, and by none more than by the members of
the Church of Scotland.

It was with reverence, and the deepest affliction of spirit, that we
contemplated this awful dispensation of Divine Providence, in re-
moving out of this mortal life a sovereign, whose justice, integrity,
and magnanimity ; whose love to his people, whose inviolable re-
gard to the constitution and laws of this realm, had long enthroned
him in our hearts, and had rendered him the most beloved of princes.
At the same time that we had the highest reason to bless the Al-
mighty, who had so long preserved to us the precious life of a great
monarch, under whose mild and happy government this nation, and
this Church, had so remarkably flourished, we considered the death
of our good King as a loud call from heaven to humble ourselves
before God, and to acknowledge that we had been the unworthy
receivers of so many great and distinguished blessings. With the
most lasting affection we will record in our hearts the memory of
this excellent prince, who reigned beloved, who died lamented by
all, who died full of days and full of honour, and whom posterity
will always rank in the number of the greatest and the best of kings.
But these clouds of melancholy and distress which oppressed our
hearts, were (thanks to the King of heaven,) soon and happily dis-
pelled, by the accession of one of our late sovereign's royal race to
the throne of these realms. With the most devout and grateful
hearts, we adore the providence of God, who hath raised up a
prince, not far advanced in years, but mature in wisdom and in
virtue, a native of these realms, and who glories in the name of
Briton, to reign over a free, loyal, united, and happy people.

It is with the highest pleasure that we join the general voice of
his subjects, in extolling the piety, and the many princely virtues
which adorn our illustrious King. Secure and happy we esteem
ourselves in the possession of all our religious and civil blessings,
under the government of a sovereign, whose love to religion, and
to the liberties of Great Britain, is of the most distinguished kind.

May it please your Grace,

The declarations of his Majesty's favour and protection to the
Church of Scotland, which he hath been pleased to communicate
in his most gracious letter, and of which your Grace hath so fully
assured us, give us the most sincere pleasure, as they do us the
greatest honour. In a prince whose life is an example of piety and
virtue to his subjects, " who is a terror to evil-doers, and a praise
to them that do well," the members of the Church of Scotland rest
assured they shall always find a friend, a protector, and a father.

His Majesty's royal donation of ^1000 for the reformation of the
Highlands and Islands, we accept with all thankfulness. We con-
sider it as one of the many proofs he hath already given of his pa-
ternal regard to his people, and of the tender respect he hath for
their spiritual and most important concerns ; and we will endeavour
so to apply this donation, as that, by the blessing of God, it may
answer the pious and generous purposes for which it is bestowed.

1701.]] ANSWER TO THE KING's LETTER. 229

May it please your G-race,
It is with very great truth and pleasure I assure you, that no-
thing could he more acceptable to us, and to the whole Church of
Scotland, than the choice his Majesty has made of your Grace to
represent his royal person in this Assembly. The long experience
we have had of your Grace's great abilities to discharge the duties
of this high station, your steady attention to, and warm zeal for,
the true interests of the Church of Scotland ; and, above all, my
Lord, the virtues which adorn your life, and your well-known re-
gard for the doctrines and institutions of the Gospel, mark out your
Grace as the proper representative of such a prince, and as emi-
nently well qualified to preside in a National Assembly, where the
interests of piety and loyalty are to be consulted. I hope your
Grace may be assured, that the proceedings of this Assembly -will
be such as shall give pleasure to our sovereign, to your Gi'ace, and
to every good man ; and that they will testify, that we are the
faithful servants of the King of kings, and at the same time most
dutiful and loyal subjects to the best of princes.

A committee was then appointed to draw an answer to
his Majesty's letter. After which a motien was made, and
unanimously approved of, that the Assembly should address
his Majesty on his accession to the throne ; and a committee
was named to draw it up. Draughts of these were next day
presented, read, and approved of; and the moderator was
appointed to transmit them to the Earl of Bute, one of the
principal secretaries of state. The Commissioner undertook
to transmit them.

The Answer of the General Assembly to the King's Letter, transmitted
to and presented by the Earl of Bute.

May it please your Majesty,

Your Majesty's most gracious letter to this first General Assem-
bly of the Church of Scotland which hath had the happiness to
meet since the beginning of your Majesty's most auspicious reign,
we received \vith the greatest joy, and do acknowledge with the
utmost gratitude.

Your Majesty's being pleased, in so gracious a manner, to take
this first opportunity of assuring us of your fixed purpose and re-
solution to support the Church of Scotland in the full enjoyment*
of all its rights and privileges, as by law established, is a most en-
dearing testimony of your royal favour to us, which we humbly
accept of with the greatest thankfulness, and rely upon with the
firmest confidence, as esteeming your Majesty's royal protection to
be, under God, our greatest security. Your Majesty does us the
greatest honour, when you are pleased to express the most perfect
confidence in our loyalty and affection to your person and govern-

U

230 ANNALS OF THE ASSEMBLY. [[1761.

meiit, and in our zeal for the encouragement of virtue and piety ;
and it shall be our constant care, through divine assistance, so to
acquit ourselves upon every occasion, as that your Majesty may
never have reason to entertain a less favourable opinion of this
Church. These sentiments are deeply rooted in our hearts, and
we shall most cheerfully embrace every opportunity of expressing
them.

Your Majesty's countenancing our present meeting with your
royal authority, we take as a great blessing from God, and a most
engaging evidence of your Majesty's royal goodness. To promote
the happiness of your Majesty's reign, and the true interests of this
Church, are great and desirable ends, which we are bound always
to have in view; and we should be most unworthy of your Ma-
jesty's favour, and of the character we bear, if we had not the best
disposition to contribute to them all in our power.

The mention your Majesty is pleased to make of the many and
repeated proofs which our former General Assemblies have given
of their wisdom, prudence, and temper, shows us your Majesty's
kind inclination to approve what hath been done by others before
us according to their duty, and is a great incitement to us to follow
the good example of those with whom your Majesty hath the good-
ness to express yourself so well satisfied. We are sensible how
much disputes and contentions among ourselves would give advan-
tage to those who are enemies to the peace and prosperity of your
Majesty's government, upon which our own welfare, under God,
does depend ; and we humbly acknowledge your Majesty's fatherly
tenderness for us, in being pleased to caution us against them, and
ill recommending to us the giving our whole attention to the means
of advancing true religion, and the service of Almighty God. We
pray and hope, that the good Spirit of God, who is the Spirit of
love and peace, %vill assist us to despatch all our business with that
unanimity, brotherly love, and charity, which becomes the servants
of the Prince of peace, and which is so necessary to the bringing of
our meeting, at this time, to a happy conclusion.

We cannot but thankfully acknowledge your Majesty's royal
wisdom and watchful care, in calling upon us to prevent, as much
as possible, the growth of Popery, and the suppressing of vice and
immorality to the utmost of our power ; and the assurance your
Majesty gives us of your ready concurrence in whatever may tend
to the attainment of so desirable ends, is at once the greatest en-
couragement and obligation for us to exert ourselves in the most
vigorous manner for accomplishing them.

The present undisturbed tranquillity and freedom we enjoy in
common wdth the rest of your Majesty's good subjects, excite in us
the most sensible pleasure ; and it shall always be our principal care
to make the people under our charge deeply sensible of the many
great and invaluable blessings they now enjoy under your Majesty's
wise government and administration ; and to infuse into them those
principles of piety and loyalty, on which the security of their own
most invaluable interests entirely depend.

1761.] ADDRESS TO THE KING. 231

To this we are greatly animated by your royal proclamation in
the beginning of your reign, and in a special manner by your princely
donation to this General Assembly, for promoting the knowledge
and practice of religion in the Highlands and Islands, and places
where Popery and ignorance prevails. For this we beg leave to
return your Majesty our most humble and grateful acknowledg-
ments, and earnestly pray that God may abundantly reward you for
so great a charity ; and we shall take the most effectual care faith-
fully to apply it to the pious purposes for which it is granted by
your Majesty.

Lord Cathcart hath given such eminent proofs of his loyalty, in-
tegrity, and zeal for your Majesty's service, and of his abilities, on
many former occasions, for the discharge of this important trust,
which your Majesty has reposed in him, and of his most affectionate
concern for the prosperity and happiness of this Church, as render
your Majesty's choice of him to represent your royal person in this
Assembly, most acceptable and obliging to us ; and vve humbly ac-
knowledge it as a particular evidence of your Majesty's goodness.

That the God and Father of our Lord Jesus Christ may long
preserve your Majesty to be a blessing to these lands, the guardian
of our liberties, civil and sacred, and the support of the Protestant
interest ; that he may bless your Majesty's arms in the just and ne-
cessary war in which you are now engaged, for vindicating the
honour of your crown, and redressing the injuries done to your
subjects ; and that he may prosper all your Majesty's endeavours
for restoring the peace, and preserving the liberties of Europe ;
that he may bless the Princess-Dowager of Wales, and all the
branches of your royal family ; that there may never be wanting
one of your most illustrious house to fill the throne of these king-
doms to latest ages ; and that, after a long and happy reign, over a
free and dutiful people, you may exchange an earthly for a heavenly
crown, are and shall be, the sincere and hearty prayers of, may it
please your Majesty, your Majesty's most faithful, most obedient,
and most loyal subjects, the Ministers and Elders met in this Na-
tional Assembly of the Church of Scotland.

Signed in our name, in our presence, and at our appointment,
by John Hyndman, Moderator.

Edinburgh, May 27, 1761.

The AssetMy's Address on the King's Accession^ likewise transmitted to
and presented by the Earl of Bute.

May it please your Majesty,
We, your Majesty's most dutiful and loyal subjects, the ministers
and elders of the Church of Scotland, as we heartily approve the
conduct of the Commission of the late Assembly, in congratulating
your Majesty's auspicious accession to the throne of your ancestors,
so we embrace with pleasure this first opportunity which our meet-
ing together in a National Assembly affords us, of expressing our
own joy on account of an event so happy for Great Britain.

232 ANNALS OF THE ASSEMBLY. [1761.

The many blessings which we had enjoyed, during so long a tract
of time, under the mild and paternal government of your royal
grandfather, gave us the highest reason to join in that deep and
universal sorrow which filled the nation on his death. The me-
mory of so just and gracious a sovereign, whose counsels and arms
were so remarkably blessed by the Almighty, as it must long remain
engraved on our hearts, cannot fail to endear to us the more every
descendant of his illustrious family.

With most lively gratitude to heaven, we now behold your Ma-
jesty raised, in the prime of life, to the throne of these realms ; and
under your happy administration, we have the greatest reason to
promise ourselves the continuance and increase of all public felicity.
Trained up from your earliest youth to every princely virtue ; con-
spicuous for a steadiness and greatness of mind superior to the
snares of royalty ; endowed with a heart and affections truly Bri-
tish, and formed to know, and to love, that constitution of which
you are the guardian ; distinguished, in particular, for that sincere
regard to religion, which adds so much lustre to your exalted char-
acter ; your Majesty became, from the moment of your accession to
the crown, the object of the highest hopes to all your subjects.
Every step of your administration, since that time, has confirmed
and enlarged these hopes.

Nor can we omit to join in the general admiration and applause
due to that virtue, which disposed your Majesty to relinquish power
and revenues, which, though most safely lodged in hands so pure as
yours, might have been employed, in some future period, to the
prejudice of that liberty which you love and cherish. With hearts
full of affection, we repose an entire confidence in your Majesty, as
the great defender of our faith and liberties, and in particular, as
the protector of the rights and privileges of the Church of Scotland,
which you have given us the most gracious assurances of your in-
tention to maintain.

Permit us to assure your Majesty, that amongst all your subjects,
none are more distinguished for their fidelity and loyalty to your
person and government, than the members of the Church of Scot-
land. A Church, which dates the era of its secure establishment
from that happy period of the Revolution which introduced your
royal house to the throne of Great Britain, must have the strongest
motive to a most sincere and faithful attachment to your Majesty.
Animated, as we are, with the deepest sense of the inestimable
happiness we derive from our sacred and civil constitution, it ever
has been, it ever shall be, our zealous endeavour, to inspire with
like sentiments all who are within our influence, or under our care.
The blessings of a wise and merciful government, now so univer-
sally felt in every part of your dominions, give us the best reason
to hope, that your Majesty will reign in the hearts, and may com-
mand the united strength of all your people.

That the great God of heaven, by whom kings reign, may crown
all your undertakings with success ,- that he may inspire you with
the spirit both of counsel and of might ; that he may scatter all

1761. J SCHOOLMASTERS* WIDOWS* FUND. 233

your foes; and that, after having long made you the instrument of
blessing a free and happy people, he may raise you to an higli place
in his glory above, are the sincere and fervent prayers of, &c.

(Signed in the same manner as the preceding, and of the same date.)

On the 26'th, the Assembly took into consideration a pe-
tition for the established sclioolmasters in Scotland^ praying
for a general collection to enable them to make appHcation
to the Legislatm-e for establishing a fund for a small provi-
sion to their Avidows. The Assembly appointed the peti-
tioners first to lay their plan before members learned in the
law, and also before those concerned in the management of
the ministers' Avidows' fund, that they might report their opi-
nion thereon to the Assembly. No report having been made
relating to this petition, the Assembly, June 1, remitted it
to the Commission, that they may prepare an opinion upon
it, to be laid before the next Assembly.*

The moderator acquainted the Assembly, when met on
the 27th, that the Commissioner was indisposed, and could
not be present that day, but that his Grace expected the
Assembly would proceed on the business before them in the
same manner as if he were present, which they accordingly
did.

The following overture was agreed to be transmitted to
the several Presbyteries, that they may send their opinion
thereon to the next Assembly ; with certification, that if
they fail therein, that Assembly may take up the overture,
ancl pass it into a law, as they see cause, viz. : — " That con-
sidering how dilatory Presbyteries are in sending up their
opinions on overtures transmitted by the Assembly, which
shows, that all preceding regulations to enforce a due return
have been ineffectual ; in order, therefore, to remedy this in
time coming, that it should be enacted, That, in all time
coming, no commissions from any Presbytery to their repre-

* There had been a meeting of schoolmasters in reference to this
matter, on the 17th of September 1760. They ordered the design
to be notified to all their brethren by a circular letter, and appointed
a committee of twelve of their number to meet on the second Mon-
day of November, the second Wednesday of March, and the first
Monday of May. It was proposed to have three classes of an-
nuities, viz., £10, £8, and £6, per annum, and that every school-
master who acceded to the scheme should pay yearly 12 per cent.,
according to the class he might choose.
u 2

234 ANNALS OF THE ASSEMBLY. [l761.

sentatives in Assembly shall be sustained, unless it bears the

following clause, viz. : — The Presbytery of having

considered the overtures transmitted hy last Assembly, their
answer to which is hereto subjoined, jwoceeded to the elec-
tion, &c. Or, in case there be no overtures transmitted,
then the form to be, — There being no overtures transmitted

by last Assembly, the Presbytery of proceeded" &c.

The Commissioner was present on the 28th and subse-
quent days. The 28th, on report of the visitors of the Com-
mission-book, containmg their objections to the Commission s
giving £300 to the commissioners sent to London with the
address to his Majesty, £200 to Dr Dick, to indemnify him
for the expense he was put to, both before the Court of Ses-
sion and the House of Peers, in defending his right to the
stipend of Lanark, and £30 to Mr James Macivilliam, mi-
nister of Forbes, for defraying the charge of a process with
the Lady-Dowager Forbes, who refused payment of his sti-
pend ; * parties being heard, and papers and precedents read,
after long reasoning, two motions were made, viz. : — 1 . " That
the Assembly should find that the Commission have exceeded
their powers, in disposing of the several sums ordered by
them out of the pubhc funds of the Church, and that no
money should be issued in \artue of these orders ; leaving it
to the commissioners sent to London, and others concerned,
to apply to the Assembly in common form." — 2. " That the
Assembly, taking into consideration the report of their com-
mittee upon the Commission-book, were of opinion, that the
purposes for which the Commission appointed money to be
applied were just and reasonable ; but whereas the Com-
mission s assuming the power of applying the public money
of the Church at their pleasure, may be attended w4th dan-
gerous consequences, the Assembly do enjoin for the future,
that no Commission shall have power to issue out orders to
the procurator for payment of any sums of money, even for

* On tlie last vacancy in this parish, Lord Forbes presented this
gentleman, and the Lady-Dowager presented another ; and the As-
sembly 1757 preferred his Lordship's presentee, Mr Macwilliam. A
declarator of the right of patronage, raised by Lady Forbes, was then
in dependence before the Court of Session. That Court decided
the question in favour of Lord Forbes ; but upon an appeal, the
House of Peers found the right to be in Lady Forbes, and in virtue

of that judgment, her Ladyship claimed right to the stipend See

p. 134.

1761.] CASE OF OLD GREYFRIARS. 23-5

reasonable purposes, without leaving it to the determination
of the following General Assembly." After long reasoning
on these two motions, it was agreed to put the question, —
Whether to approve of the first or second motion ? and it
carried, by a great majority, to approve of the first. So the
Assembly found, that the Commission had exceeded their
powers in disposing of the several sums ordered by them out
of the public funds of the Church, and appointed that no
money be issued in virtue of these orders ; leaving it to the
commissioners sent to London, and others concerned, to ap-
ply to the Assembly in common form.

Petitions for these gentlemen, and for several others, were
next day remitted to the committee on the public accounts ;
on report of whom, on the 30th, the Assembly agreed, that
£300 be paid to the commissioners sent to London, with in-
terest from the time of their setting about the execution of
their commission, (and the commissioners received the thanks
of the Assembly from the chair, for their care in executing
the said commission ; ) that £200 be paid to Dr Dick, ^^dth
interest from the date of the decree of the House of Peers in
his cause ; and that £35 be paid to ]Mr Macwilliam for de-
fraying the expense of his process with Lady Forbes.

In consequence of a subsequent report of the committee
on the public accounts, the Assembly resolved, June l,that
for the future all collections appointed by the Assembly shall
be burdened with the expense attending those collections ;
and that all the expenses attending the management of the
Royal Bounty, such as the cashier and his clerk's salaries,
amounting to £35 Sterling, shall be paid out of the Royal
Bounty itself, and not out of the funds of the Chui'ch.

A motion was made, May 29, and agreed to, that the acts
of the Assembly 1712 and 1714-, respecting the public mo-
ney, be reprinted Avith the acts of this Assembly ; and that
the instructions to the Commission shall contain a particular
appointment on them to observe these acts.

A vacancy having occurred in the collegiate church of the
Old Greyfi'iars, Edinburgh, by the death of Mr James
Stevenson, the Presbytery translated thither Dr William
Robertson, ^^^th a proviso, that he should continue in Lady
Tester's Church, his present charge, till a minister should
be called to supply the vacancy in the city. The session of
the Old Gre^^ars craved, that Mr Erskine should be trans-
lated from the New Greyfriars to their church ; and they

236 ANNALS OF THE ASSEMBLY. Ql761.

appealed from the sentence of the Presbytery, first to the
Synod, and next to the Assembly. The session appeared by
counsel, the Presbytery and Synod appeared by some of their
o>vn members and by counsel, and Dr Robertson appeared
for his own interest.* The Assembly, May 26, mthout a
debate, unanimously affirmed the sentence of the Presbytery
and Synod.

Case of the Parish and Borough of Kirkcudbright. —
To this benefice a presentation was obtained from the Crown,
on the recommendation of the Earl of Selkirk, in favour of
Mr Thomas Blacklock., probationer, the celebrated poet,
who was licensed to preach by the Presbytery of Dumfries
in 1758. This gentleman had the misfortune to be totally
deprived of sight soon after his birth, which happened in
1721. Upon account of his blindness solely, (for upon
inquiry, they found sufficient reason to esteem his moral
character, as is candidly acknowledged in their Case^) the
town-council, and a considerable number of the elders, he-
ritors, &c., resolved to oppose his settlement. With this
view, they wrote him a letter, June 18, 1760, expressive of
all due respect to himself, and sympathy for his unfortunate
situation, but intimating that they could not think him a fit
person to undertake the pastoral charge of their towTi and pa-
rish. This letter they sent by a deputation of their number ;
and they received the follo>ving answer, dated June 24 : —

" Gentlemen, — Your information that 1 am the person pro-
posed as a successor to the late Rev. Mr Gartshore in the parish of
Kirkcudbright, is true ; and permit me to add, that before the ar-
rival of yours, a presentation from the Crown to that charge has

* The moderator being a party, the chair was taken by Principal
TuUidelph. The compearance at the bar (in addition to Dr Ro-
bertson) was : — For the session, Messrs David Rae and John
M'Laurin, advocates; for the Presbytery and Synod, Drs Hynd-
man and Carlyle, and Mr Walker of Glencorse, \\ath Mr Joseph

Williamson, advocate " The appellants having, in their pleadings,

insisted on an old contract betwxt the Presbytery of Edinburgh
and the town-council, by which it was pled, that the session had
a right of choosing their own minister, — to which it was answered
by the respondents, that that contract had been reduced by a decreet
of the Court of Session, an extract of which was now in their
hands ; and the grand decerniture in the said decreet being read

from the bar, reducing the said contract," &c (Then follows the

Assembly's judgment.)

1761.] CASE OF BLACKLOCK. 237

been formally accepted by me. Had the dissuasives contained in
vour letter, or the arguments used by the gentlemen whom you
deputed, appeared solid and conclusive, they might have found a
different reception, and produced different effects j but, as far as a
man can be thought to judge disinterestedly where he himself is
concerned, these objections neither appeared of any weight agamst
my assuming the pastoral character in general, noragainst accepting ot
the parish of Kirkcudbright in particular. I am extremely sensible ot
that svmpathv and regret which you express, for an inhrmity, not
inflicted on me for the crimes of my ancestors, not the result ot any
bad conduct in myself, but my misfortune, and mine alone. How
far that incapacitates or leaves me qualified for the pastoral ottice,
if the considerations which common sense and humanity suggest are
not heard, time and experience can alone determine ; meanwhile, it
I would be useful to mankind in general, if I would endeavour to
exert my being and its advantages to the glory of that God who
gave them, every principle of honour, duty, and conscience, appear
to dictate the sentiments and measures which I have embraced m
accepting the presentation; and, from principles like these, it may
be expected, tbat every man of resolution will act determmately.
I heartily pray the people who form this opposition, if they are to
oppose, may be conducted and animated by such motives as will
support them in that day when all our principles, and all our beha-
viour, will obtain their true character and real estimate. From the
genteel and moderate deportment of the gentlemen of your deputa-
tion, it is fairly and naturally presumed you mil act a part becoming
men and Christians. With the most cordial wishes to your welfare
in this world and your salvation in the next, I am, &c.

(Signed) " Thomas Blacklock.

The Presbytery of Kirkcudbrl^rht, before whom this affiiir
was brought in August last, '^ referred the objection taken
from Mr Blacklock's blindness, as the thing seemed quite
new and unprecedented, to the S}Tiod of Galloway ; " and
the Synod, in October, referred it to the Assembly.

From the Cases we give the follomng extracts, distin-
guishing the parties who were Objectors and Respondents,
by the abbreviations Ohj. and Resp.

Ohj. By the law of Moses, no man labouring under the

want of sight, or even less bodily defects, could be a priest.
The Lord spake unto Moses, saying. Speak unto Aaron,
saying. Whatsoever he he of thy seed in their generations,
that hath any blemish, let him not approach to offer the
bread of his ^God ; for whatsoever man he be that hath a
blemish, he shall not apjyroach ; a blind man, or a lame,
&c.— Lev. xxi. 16, &c. In the earliest ages of Christianity,

238 ANNALS OP THE ASSEMBLY. [1761.

blindness was held to disqualify a person from being ad-
mitted to an ecclesiastical office, 7ie ecclesiastica impediantui\
although the loss of sight, after admission to such office, did
not infer deprivation of it. . . . That this is the first parish in
Scotland, and Kirkcudbright the first royal borough, to whom
a person totally blind from his infancy has been presented
for a minister, will not be denied. Such a minister never
was before ordained, it is believed, in this or in any other
Church. The Church of England, according to information,
never confer the priesthood on a blind man; and it is be-
lieved other Reformed Churches have adopted the same
principle ; at least, no instance can be pointed out of their
conferring orders, and a cura animarum, on one bUnd at
the time, much less on one bhnd from his birth or in-
fancy.

Resp. — The Jewish law was adapted by their Divine le-
gislator to the particular genius of that people. By it, a
lame man, or one who had a flat nose, a maimed foot or
hand, one who was crookbacked, or a dwarf, that had a
blemish in his eye, or the scurvy, or any thing whatsoever
superfluous, was debarred, as Avell as the blind man ; but it
would be absurd to maintain, that such could not be mi-
nisters of the Church of Scotland. . . . The Canon law^, in its
original purity, appears to have put no prohibition on a
blind man from being a bishop. In the oldest canons, com-
monly called. The Canons of the Holy Apostles, as collected
by Clement, ordained by St Peter first bishop of Rome, §
76 and 77, are these words : — Si quis oculo defectus aut
obtuse crure existat, et dignus sit^ episcopus efficitor ; non
enim mutilatio corporis ipsum jiolluit, sed inquinatio ani-
tnce ; qui vero mutus surdusve et ccecus est^ episcopus non
efficitor ; non quia ohlceso corpore est, sed ne ecclesiastica
impediantur niunia. From this it appears, that blindness
alone did not disqualify ; but that if any one was deaf and
blind, or both dumb and bhnd, he was disqualified, as being
incapable to execute the duty of the office. . . . "What consti-
tutions Avere afterwards introduced by corruption into the
see of Rome, will have no weight. So many hocus-pocus
tricks were introduced to be executed by the priests, that it
became necessary for them to have both their eyes to be able
with proper dexterity to perform them ; and so it was en-
acted, that none who were blind of one eye should be ad-
mitted into the priesthood. But this cannot have the least

1761.] CASE OF BLACKLOCK. 239

weight with us, where the Gospel institutions are performed
in their original simplicity.

Obj. — However extraordinary Mr Blacklock's genius and
apphcation may be, all his knowledge, even in the sacred
Scriptures, must be had by second-hand, and the justness
of it depends on the fidelity and judgment of those who
read or speak to him. Supposing him in this way to be
sufficiently qualified as a preacher, still there are many
branches of the ministerial duty, which he either cannot
perform, or may be misled in. Lecturing on portions of
Scripture is required of every minister : a blind man cannot
read a single Avord that he is to explain ; and the employing
a reader for him is at least a novelty. The holy sacraments
are to be given by the minister, and they cannot be admi-
nistered vaih. the requisite decency by one who sees not the
objects before him. What indecencies may not be com-
mitted in his presence, even on the most solemn occasions,
without his being sensible of the offence ? If he is to be
directed and informed by his reader, then all must depend
on him, and he, rather than the minister, may be said to
govern the spiritual concerns of the parish.

Besp. — The question comes shortly to this, Can Mr
Blacklock, notwithstanding his blindness, execute the se-
veral duties of the ministerial function, as established in the
Church of Scotland ? That he is qualified to preach the
Gospel, with equal piety and ability, is not denied, and is
well knoAvn in this metropolis ; and that he can administrate
the sacraments of baptism and the Lord's Supper, by the
smallest assistance directing his hand, or even >vithout such
direction, experience evinces, by the example of those who
continued to perform these, as well as the other duties of a
minister, long after they were afflicted with the same mis-
fortunes. Mr BroAMi, minister of Kilmarnock, Mr Millar
at Paisley, Mr Macfarlane at Buchanan, and Mr Jamison,
Professor of Church History in the University of Glasgow,
continued to officiate with universal satisfaction after they
became blind.

Ohj. — To deprive a worthy pastor, upon a casual misfor-
tune happening through no fault of his, is an act unworthy
of a Christian Church. ]\Iinisters afflicted with such bodily
distress after their settlement, must still have greatly the

240 ANNALS OF THE ASSEMBLY. p761.

superiority of one blind from his infancy. While blessed
with sight, they must have had the benefit of reading, and
perfecting themselves in every necessary branch of know-
ledge. Their acquaintance too with their parishioners, may
already have been thoroughly established ; and consequently,
with little assistance, they might, after the loss of sight, be
enabled to discharge their important duties. Even suppos-
ing such ministers were rendered altogether incapable of
officiating by becoming blind, as others often are by age and
infirmities, their parishes, as customary, would be supplied
by their brethren, or by assistants. Other Reformed Churches,
who make antecedent blindness a cause for debarring from
the ministry, do not, when happening subsequent to admis-
sion, unjustly add weight to misfortune, by deprivation. It
is believed, however, no instance can be given, where a mi-
nister of this Church, after the loss of sight, was translated,
or admitted to a new charge.

Resp. — Presbyteries are the proper courts for licensing
probationers : the licensing of Mr Blacklock stands unchal-
lenged ; by it he was virtually declared capable of being a
minister, notmthstanding his blindness, and thereby a jus
qu6esitu7n was established to him, of which he cannot now
be deprived.

Ohj. — The duties of a preacher of the Gospel, or proba-
tioner, are, in their number and importance, far short of those
of an ordained minister to a parish. Hence it is, that by
the rules of the Church, when a probationer is called or pre-
sented to a parish, he must pass new trials before the Pres-
bytery of the bounds, that they may be fully satisfied of his
qualifications for that higher trust, notwithstanding his for-
mer trials and license as a preacher.

Resp. — As Mr Blacklock has all along been obhged to
employ a person skilled in the languages to read to him, he
is now determined to employ an ordained assistant, who
consequently can assist him in executing the ministerial
functions. This step, which Mr Blacklock is fully deter-
mined upon, takes its rise from his own goodness of heart,
and anxiety for the faithful execution of the pastoral office ;
but is altogether unnecessary, as, through the Divine assist-
ance, he is fully able to perform every duty himself.

The Cases having been previously distributed to the mem-

1761.] CASE OP MONKTON. 241

bers, and parties heard in court, May 29, after long reason-
ing, it was moved to appoint the Presbytery to moderate in
a call to the presentee, and to proceed to his trials and settle-
ment. But some members opposing the motion, the question
was put upon it. It carried, by a great majority, in the affir-
mative; and the Assembly empowered the Commission to
determine in any reference, appeal, or complaint, that shall
be regularly brought before them relating to this settlement.''
Upon reading the minutes of the day preceding, it was
proposed by a member. May 30, that before any Presbytery
or S}Tiod agree to take upon trials a blind man, they shall
first consult the General Assembly. This motion was agreed
to, and the Assembly appointed accordingly.

Another settlement was that of Monkton, similar in some
respects to that of Logic. The patron presented within the
six months; his presentee accepted, but afterwards renounced
the presentation ; the patron presented anew ; and the Pres-
bytery contended that the right had fallen into their hands
by the lapse of the six months. The case seemed to resolve
itself into these questions : 1 . Whether, when a presentee
accepts, and afterwards renounces, the law allows the patron
six months after such renunciation to present another ; or,
if it allows him only as much time as remained unexpired
when his first presentation was given in to the Presbytery ?
2. Whether, in cases of translation, the six months begin
to nm from the date of the act of Presbytery translating the
incumbent, or only from the date of his admission into his
new charge ? On the latter question, it was observed for
the patron, that the four ministers last admitted into Edin-
burgh were translated from their former parishes on the
20th and 27th of April, and 2d and ^th of May 1758 respec-
tively, and yet drew the stipends of these parishes falling
due at Whitsunday 1758, though after the date of the acts
translating them, because it was before their admission to
their new benefices, which was upon the 15th of June there-

* The compearance in this case was : — For the patron and pre-
sentee, Messrs Charles Hamilton Gordon and John M'Laurin,
advocates ; for the objectors, Messrs Joseph Williamson and David
Rae. Notwithstanding the decision of the Assembly in Blacklock's
favour, he did not remain long at Kirkcudbright, but resigning the
living for a moderate annuity, removed to Edinburgh in 1 764. He
died on the 7th July 1791.

X

242 ANNALS OF THE ASSEMBLY. [1761.

after ; * whereas, had the vacancies commenced at the date
of the acts of translation, these stipends would have he-
longed to the patrons. The parties were, the Earl of Dun-
donald, patron, and the Presbytery of Ayr ; Mr John Cun-
ningham was the presentee. After hearing parties, the
Assembly came unanimously to the following resolution : —
" The General Assembly, considering the importance of this
cause, and the influence it may have upon the future deli-
berations of Assemblies in the settlement of parishes, do
authorise and appoint the procurator for the Church to raise
a declarator against the patron, to have it found and declared
that the right of presentation, hac vice, has fallen into the
hands of the Presbytery ^i^^'e devoluto ; and do ordain the
agent to issue the necessary expense for this purpose. And
the General Assembly do hereby refer the cause to their
Commission, with power to them, after a decision is given
in the process of declarator by the Court of Session, to cog-
nosce and finally determine in the said cause, and also to
judge and finally determine in any futiire references and ap-
peals that shall be regularly brought before them thereanent."
On the 1st of June, the Assembly appointed the commis-
sioners sent to London to give in their report to the Com-
mission, to be kept in retentis. f

Upon the motion of a member from the Synod of Ross,
the Assembly appoints that S3Tiod to have their meetings
henceforth upon the third Tuesday of April.

An appeal by Mr John Witherspoon, minister at Paisley,
from a sentence of the Synod of Glasgow and Ayr, of the
15th October 1760, disapproving of a plan agreed to by the
magistrates and kirk-session, for uniting the offices of Eng-
lish schoolmaster and session-clerk in the tOA^^l and parish
of Paisley ; with an appeal by Wilham Aidie, who, on the
1 2th of August last, had been elected by the kirk-session
of Paisley to be their clerk in the interim, from a sentence
of the said session passed on the 15 th current, refusing to
admit him to his said office, notwithstanding of the Synod's
recommendation to them, of the 14th of April last, and his
several applications for that purpose, heard ; the decreet of
erection of this parish, vesting the right of choosing the
session-clerk in the magistrates, produced at the bar, the

* Seep. 163. t See p. 211,

1761.] CASE OP KILMENY. 243

decemiture thereon read ; and, in respect of the said decreet
of erection, the Assembly find, that they cannot disapprove
of the conduct of the session in approving the plan of ac-
commodation given in by the to^vn-council, and that there
is nothing in it injurious to the rights of the kirk-session ;
and therefore the sentence of the Synod, in October last,
reversed, the election of Mr Aidie as interim-clerk sustained,
and the session of Paisley ordained to admit him accordingly.

An appeal by the United College of St Salvator and St
Leonard, in St Andrew^s, patrons of the parish of Kilmeny,
and who granted their presentation to JVIr WilUam Gib, pro-
bationer, to be minister of that parish, from a sentence of
the Presbytery of Cupar, finding that there was no such call
to Mr Gib from the parish of Kilmeny as the laws of the
Church do require, and that it was not competent to them,
as an inferior judicatory, to do what was contrary to the
rules of the Church, and therefore referring the whole cause
to this Assembly, heard ; the presentation to Mr William
Gib to be minister of the parish of Kilmeny sustained and
concurred with ; and the Presbytery of Cupar appointed to
proceed to his trials and settlement as minister of that parish.

The report of the trustees of the widows' fund, bearing
their having made choice of Mr Alexander Stevenson to be
their clerk, in place of Mr Alexander Tait, who, being named
as one of the principal Clerks of Session, had resigned his
ofiice as clerk to the trustees, heard ; and their choice of Mr
Stevenson to be their clerk approven of.

Two overtures, transmitted from the committee for over-
tures, respecting the ofiices of agent and sub-clerk, read and
dismissed.

Recommendation to all such ministers as judge, from the
circumstances and inclinations of their people, that it will
be agreeable to them to have an opportunity of contributing
for the relief and support of the Reformed Church in Saar-
hruck^ to make a collection for that purpose : the ministers
within the bounds of the Synod of Lothian and Tweeddale,
to make the collection on the fourth Sabbath of this month
of June, and those in other places of Scotland on or before
the first Sabbath of August next, and the money collected
to be paid in to Messrs William Hogg and Son, merchants
in Edinburgh. — A committee named to call for an account
of what the collection shall amount to, out of which they
shall cause to be paid to ^Ir John James IMansa, minister

244 ANNALS OF THE ASSEMBLY. [1761.

in Saarbruck, or any having his order, what they shall judge
to be a proper allowance for his expense in travelling to this
place, and returning home, together with £lOO Sterling for
the use of the said church ; and after further allowing for
the incidental charges in making the collection, the com-
mittee shall report the overplus to the next General Assem-
bly, to be disposed of by them as they shall think proper.

Protestation admitted at the instance of the Presbytery of
Mull, against the parishioners of the parish of Harris^ for
not insisting in an appeal taken by them from a sentence of
the Presbytery of Uist, transporting Mr Kenneth Macaulay
from the parish of Harris, in the Presbytery of Uist, to the
parish of Ardnamurchan, in the Presbytery of Mull.

When the business of the Assembly was finished, on
Monday, June 1, the moderator addressed the court in the
following terms : —

Right Rev. and Right Hon.,

It is now time that this Assembly should come to a conclusion.
You have decided in a great many of the causes that were brought
before you, and others you have referred to your Commission.

I should be lost to all sense of gratitude, did I omit this oppor-
tunity of returning my most sincere and hearty thanks to the mem-
bers of this General Assembly, for the great honour they did me in
unanimously choosing me for their moderator. I have studied so
to conduct myself in the chair, as to give just cause of offence to
none. If I have unwarily given any, I most humbly ask pardon ;
and let this serve for an apology, that you yourselves were pleased
to choose a younger man, and a younger minister, for your modera-
tor, than, I believe, ever filled this chair. I view this distinguished
honour, I confess, in a light which extremely flatters me, as an evi-
dence that the Church beheves me to be a sincere well-wisher to its
interests, and to the interests of all its members. I hope you have
not been mistaken. If my own heart does not deceive me, no man
can love the Church of Scotland more than I do, no man can with
greater warmth and earnestness wish to promote its real welfare.
The heat of youth, inexperience, and rashness, may have led me,
in some parts of my former public conduct, to engage in measures
which a wiser, which a cooler man than I, would have guarded
against. Yet, even then, I think I can appeal to my own con-
science, and to Him who is greater than conscience, my intentions
were pure, and though I judged ill, I meant well.*

* On the supposition that Dr Hyndman was the author of the pamphlet en-
titled, " A Just View of the Constitution of the Church of Scotland," (which
called forth IVitherspoon' s " Ecclesiastical Characteristics,") I presume he is
apologising here for the active partizanship he had displayed in opposition to Gil-
lespie and the popular party, in the case of Inverkeithing. — See the former vol.,
p. 242.

245

1761.] DR HYNDMAN S ADDRESS.

My very rev. fathers and brethren,— You will now soon return
to your several parishes, and resume the care of those souls which
God hath committed to your charge ; mU you permit me, then, to
remind you of the zeal and diligence with which you ought to dis-
charge your ministerial work. To instruct the ignorant, to awaken
the secure, to soften the hard-hearted, to reclaim the sinner, to
comfort the mourner, to succour the tempted, and to build up the
just in our most holy faith,— is not this a noble and a divine em-
ployment ? Was not this the employment of all those great and
holy men whom God was pleased, in different ages, to send into
this world as public blessings to mankind ? Is not this the em-
ployment of angels, of beings far exalted above us ? Are they not
ministering spirits, sent forth to minister unto them who shall be
heirs of salvation ? Was not this the work of Jesus, the gi-eat
high-priest of our profession ? He " continually went about doing
good." Nay, is not this the unwearied exercise of God himself,
the great source and standard of all perfection and goodness ? With
ardour and zeal, then, let us employ ourselves in this noble service ;
let us '• preach the word, and be instant in season and out of sea-
son ; " and, above all, let our own lives be shining examples of all
those precepts which we recommend unto others.

The General Assembly, I hope, will forgive me for making this
one observation with respect to our public discourses,— That, for
the most part, we ought to be very particular in explaining the
duties of the Christian life, and in enforcing all the virtues of piety,
of charity, of purity, of meekness, of temperance, and mercy. I
own I think our discourses run too much, and too often, upon ge-
neral topics, concerning the advantages and the exceUence of reli-
gion ; and though this is, upon many occasions, highly proper, yet,
if we would reaUy instruct our people, we must study to point out
to them what are their particular duties in every circumstance ot
life. We must guard them against those vices which we are sen-
sible are most predominant amongst them, and point out the guilt
and fatal consequences of them. In short, we must be frequent in
reminding them, what those duties are which we owe unto God
and to one another, what those duties which are incumbent upon a
Christian as a father, as a husband, as a son, as a neighbour, as a
friend, as a member of society, and as a partaker of the human na-
ture To explain these minutely, and to enforce them from the
great doctrines and motives of the Gospel, is surely taking the most
effectual way to enlighten and instruct our hearers ; it is surely
preaching the Gospel ; for it is preaching in the same manner m
which Jesus preached. .

In order the more effectually to recommend our instructions and
ourselves to our people, let us by all means cultivate a spirit ot
brotherly love and forbearance towards one another. An intem-
perate zeal to promote opinions, or to establish forms in their own
nature doubtful, or of small importance, has cost the world, 1 am
sure, a great deal more than they were worth ; as it has led men to
trample upon the great laws of charity, of forbearance, and mercy,

x2

246 ANNALS OF THE ASSEMBLY. QlTOl.

and to break those bonds of union which ought always to subsist
amongst all Christians, and particularly amongst the ministers of
the Gospel. I shall make no difficulty of affirming, that our conti-
nuing in some errors as to the external forms of religion and modes
of worship, nay, even in errors as to some speculative truths and
opinions, must be less culpable in the sight of God, than our en-
deavouring to correct them by rage and violence, by traducing the
characters of our brethren, and laying aside " the ornaments of a
meek and quiet spirit, which in the sight of God is of great price."
Let us never forget it, that " the wrath of man worketh not the
righteousness of God ;" that " the fruits of the Spirit are love, joy,
peace, long-suffering ;" that " the wisdom which comethfrom above
is pure and peaceable, gentle, and easy to be entreated." We are
all, my brethren, in a state of great moral imperfection : our under-
standings are cloudy, our views narrow and confined ; "we see but
as through a glass darkly ; " let us then mutually take compassion
on the infirmities of each other ; let us persecute with nothing but
argument : for force and violence may oblige men to dissemble or
conceal their opinions, but can never enlighten or convince the
judgment,

There is one act passed by this General Assembly, which I must
consider myself as called upon in a particular manner to recommend
to your observation and care, namely, the act enjoining a public
collection to be made for students having the Gaelic language. The
situation of many parts of the Highlands, with respect to the ordi-
nances of religion, is truly deplorable. You yourselves must be
fully sensible of this, from the report of the visitors. The evil is
indeed so great, that if a timely remedy is not applied, they are
threatened with the utter deprivation of that inestimable blessing.
Can we, as Christians, as ministers of the Gospel, as Scotsmen, hear
this, without feeling the utmost pain and sorrow of heart ; without
deeply mourning for the unhappy situation of a brave, a generous,
and a kind-hearted people ; without earnestly calling upon all our
hearers, as they fear their God, as they regard the advancement of
the kingdom of Jesus, to stretch forth their friendly hands to assist
their countrymen ; to assist the friends of those who, during this
war, have, in defence of our kingdom and rights, drawn the sword
with so much ardour and success ; who so bravely fought, and
many of whom so gloriously fell, in supporting the honour, the in-
terest, and safety, of the British nation ? The further prosecution
of the plan for efiectually providing the Highlands with the benefits
of divine ordinances and religious instruction, is now wisely com-
mitted to one, whose great wisdom and prudence will fully dictate
to him the most eflfectual means of prosecuting it. It is put into
the hands of one whose generous heart always warmly feels for
every distress of his fellow-mortals ; whose zeal for religion, whose
loyalty to his prince, whose love to his country, will determine him
to do whatever can be done to insure success to a scheme the most
important, I think, I ever saw under the deliberation of a General
Assembly.

1761.] DR hyndman's address. 247

Bljht Rev. and Right Hon., — Since the meeting of the last Ge-
neral Assembly, it hath pleased the Almighty toaffiict these nations
by the death of our late good and excellent king ; but it hath also
mercifully pleased him to revive us by the accession of a prince,
whose many and distinguished virtues are the subject of admiration
and joy to all his people. When, therefore, you return to your
several homes, impress upon the minds of all his people, a just sense
of the blessings they already enjoy, and may further hope for, under
the government of a prince who loves them, who loves their con-
stitution and laws, who will defend their faith, who will protect
them in their religious and civil rights ; a prince who, by his own
example, will point out to them that path wherein they ought to
walk, that they may attain the favour of God and everlasting felicity.

Right Hon., — What I have just now said demands your particular
attention, and I hope will have its due influence. God bath raised
you above many of your fellow- citizens, and by this hath put into
your hands the means of doing much good or much evil. It is com-
mon with you to comply with, and to imitate the manners and
fashions of those who are yet superior to you ; let me then persuade
you to turn your eyes to that great prince who now wears the Bri-
tish cro^vn, and learn from him, that piety and virtue, a steady re-
gard to, and regular attendance upon, the service of Almighty God,
and a faithful discharge of all the duties of the Christian life, are
the noblest ornament of every station, and the highest glory of a man.

Right Rer. and Right Hon. , — As we met in the name of our Lord
Jesus Christ, the great King and Head of his Church, so, in the
same sacred name, let us dissolve ; and as, by the good laws of this
kingdom, of which his Majesty is the faithful guardian, it is pro-
vided that a General Assembly of the Church of Scotland shall
meet once in the year, I suppose it 1^•ill be agreeable to you, that
the next General Assembly shall meet in this place on the third
Thursday, being the 20th day of May 1762.

Brethren, — We must now part. How long God may preserve us
in this world, how long we shall sojourn in this wilderness of life,
through what new scenes we may yet pass, what new temptations
may yet assault us, what unthought of afflictions may yet overtake
us, we know not : it is our comfort that " the Lord liveth ;
blessed be our rock : The God of Jacob he is our refuge, and he
that keepeth Israel never slumbereth nor sleepeth." Fain would I
cherish the joyful hope, that we who met together in this Assem-
bly shall, by the grace and mercy of God, meet in a happier world,
and shall at last sit down in the general assembly and church of the
first-born.

I presume it will be your pleasure, that in your name, I address
myself to his Majesty's High Commissioner, with sincere and thank-
ful acknowledgments of his friendship to this Church, and of his
indulgence and favour to this General Assembly.

Then turning to the Commissioner, he spoke thxis : —

248 ANNALS OF THE ASSEMBLY. [176'1.

May it please your Grace,
It is with very great pleasure that I execute the commands of the
Assembly, in returning to your Grace their united and most hearty
thanks for the favour and countenance you have showed them, and
for your patient attendance upon so many of their meetings. But
when we consider your known principles, disposition and conduct ;
when we call to mind the steady and distinguished zeal of your
noble ancestors for the support of the Presbyterian government, we
confess we were led to hope for all that favour and indulgence which
this and former Assemblies have experienced from your Grace.

Your Grace has been witness to many of our proceedings and
decisions ; and though, in a court where there is so great a number of
judges, the debates that arise, and the opinions that are given, may
sometimes be improperly enforced, which it were to be wished could
be avoided ; yet, upon the whole, I hope our conduct has been such
as may enable your Grace to give a favourable representation of us
to his Majesty ; for, next to the approbation of Almighty God, we
would wish to recommend ourselves to the favour and countenance
of our most gracious king.

I must particularly consider myself as bound to return the thanks
of the Assembly to your Grace, for your condescending to assure
them that you will, to the utmost of your power, promote and give
success to a plan for more eiFectually accommodating the Highlands
and Islands with the benefit of divine ordinances. Your Grace is
perfectly acquainted with their distressed situation in this respect,
and I know you feel deeply for it. Your Grace has considered this
scheme with that acuteness and precision, with that concern and
warmth, which becomes a great and a good man ; and we firmly
rely upon your taking every step that shall appear proper to for-
ward and execute so pious and so laudable a purpose.

This General Assembly, and all the Church of Scotland, have
been highly honoured by the testimony his Majesty hath been pleased
to give of the favourable opinion he has of our loyalty and good af-
fection to his person and government. It is true, and your Grace
knows it, that in a steady and firm attachment to his Majesty, and
to our happy constitution, we are excelled by none of his subjects.
We feel the blessings of his most righteous administration ; we daily
offer up our thanks to Almighty God for them ; we pray for long
life and a happy reign to our most giacious king ; and we study to
animate the hearts of all those who are under our care with the
same devout and loyal sentiments.

It is our sincere and hearty prayer to the Almighty, that he may
take your Grace into his kind and holy protection ; that you may
be long preserved, an eminent example of virtue, a faithful friend
to your country, and to every good man ; that the Divine provi-
dence may watch over and prosper your noble family ; that you
may always continue happy in the favour of your sovereign, ho-
noured in your public stations, and blessed in all manner of domes-
tic comfort ; and that, at last, when you are called from this mortal
life, you may be united \vith the spirits of just men made perfect.

1762.] NEW ERECTIONS IN THE HIGHLANDS. 249

Then the Commissioner made a speech ; in the end of
which his Grace dissolved the Assembly in the King's name,
and concurred with the moderator in appointing the next
Assembly to meet on the 20th of May 1762. The session
concluded with prayer and singing of psalms, as usual.

Assembly 1762.

The Assembly met on the 20th of May. — Charles Lord
Cathcart was the King's Commissioner, and Dr Robert
Traill, Professor of Divinity in the University of Glasgow,
was chosen Moderator.

After the King's letter had been read, and ordered to be
recorded, the Commissioner made a speech to the Assembly,
and gave in the following extract from it in writing, viz. : —

" I am to inform this venerable meeting, That in con-
sequence of the last Assembly's request, I had the honour
to lay before the King the papers committed to my care for
that purpose, containing the report of Dr H}Tidman and
others, appointed by the General Assembly of 1760 to visit
the Highlands and Islands^ and the places where itinerants
and catechists are employed ; as also the report of the com-
mittee appointed thereupon by the last General Assembly,
together with the resolution of the said Assembly upon the
said report : and I have it particularly in command to ac-
quaint you. That his Majesty entirely approves of the zeal
you have shown, on this occasion, for the better observance
of religious duties in those parts of his dominions where
proper opportunities have hitherto been wanting for that
purpose ; that his Majesty, animated by sentiments of the
same true religion and piety, will not fail to show the great-
est attention to this object, and that you will in due time be
informed of such resolutions as his Majesty may think pro-
per to come to upon it. In the meanwhile, as it appears
that some of the principal defects complained of by the re-
port of the visitors may be remedied by yourselves, by virtue
of that authority which the law has placed in you, it is his
Majesty's royal pleasure, that I recommend to you the proper
discharge of your own duties in these respects ; and parti-
cularly, that you will make use of the powers you have by
the statute law of Scotland, to obhge heritors, in such pa-
rishes where kirks and manses are fallen down, or out of

250 ANNALS OF THE ASSEMBLY. Q1762.

repair, to contribute, by an equal assessment, according to
the situation of their lands, to rebuild and repair them ; and
in such parishes where schools are not properly estabHshed
or kept up, to assess themselves, according to law, to supply
such defects : And this I accordingly do most seriously
recommend to the immediate consideration of this General
Assembly."

To this speech, the moderator, in the name of the Assem-
bly, made a proper return.

At this first sederunt, three committees were appointed ;
one, to draw up an answer to the King's letter ; another,
to draw up addresses to the King and Queen on their
marriage, (which were this day moved for and unanimously
agreed to ; as was, next day, an address to the Princess-
Dowager of Wales, on the marriage of the King her son, to
be drawn up by the same committee ; ) and a third, to con-
sider of that part of the Commissioner's speech which re-
lated to the building and repairing of kirks and manses, and
to the establishing of schools in parishes where they are
wanting. The answer to the King's letter was given in on
the 2 2d, as were the addresses on the 26th ; all were ap-
proved of.

A petition was presented to the Assembly for the estab-
lished schoolmasters in Scotland, setting forth. That a scheme
had been prepared by the Rev. Dr Webster, for establishing
a fund for a small provision for their widows, (similar to the
estabhshment made nearly twenty years ago, for the widows
and children of ministers in the Church, and professors in
the universities,) founded on an annual tax to be paid by
schoolmasters out of their salaries, of 15s., or 30s., or 45s. ;
their mdows to draw corresponding annuities, of £3, or £6,
or £9 : That they could not spare so much out of their small
incomes as would be necessary to procure an act of parUa-
ment ; and therefore prayed the Assembly to appoint a ge-
neral collection to be made for that purpose through all the
parishes of Scotland ; to which it was not doubted many
persons in the coimtry would be ready to contribute, if an
opportunity were afforded them. After reasoning on this
petition, the Assembly, May 24, remitted it to the com-
mittee on kirks and manses, recommending to the commit-
tee to consider if any other method could be fallen upon,
more effectually to relieve the petitioners, than that proposed
in their petition.

176*2. J SCHOOLMASTERS WIDOWS' FUND. 251

This committee reported, on the 25th, as their opinion,
That the Assembly ought to enjoin the several Presbyteries
forthwith to carry into execution the acts of parliament for
building and repairing kirks and manses ^2tiidi settling schools^
in the several parishes ^vithin their bounds ; that a com-
mittee of the Assembly should be appointed, to whom Pres-
byteries might apply for directions, as occasion should require ;
that the Presbyteries should report their proceedings to the
next Assembly ; and that the procurator and agent for the
Church should be appointed to carry on such processes as
should be necessary for the above purposes, at the pubhc
charge.

With respect to the schoolmasters' petition^ the committee
reported, That they had good reason to believe that above
one-third of the schoolmasters do not enjoy, including their
salaries and emoluments, £l2 Sterling per annum ; and that
therefore, as the scheme prepared by Dr Webster, at the de-
sire of the Commission of the last Assembly, proceeds upon
an annual tax to be paid out of the schoolmasters' salaries,
the committee were unanimously of opinion, that the ear-
ring the scheme into immediate execution, would bring a
burden upon future schoolmasters greater than their circum-
stances could bear ; but the committee, being ftdly sensible
of the importance of that order of men, and deeply affected
>vith their present situation, himibly moved to the Venerable
Assembly, that they would represent, in their answer to that
part of the Commissioner's speech which relates to the erect-
ing of schools, that the present salary of 100 merks is too
small,* submitting it to his Majesty what relief he, in his
royal wisdom, shall think proper to grant. The Assembly
approved of the first part of the report ; but delayed the
enacting part of it, the naming the committee proposed, and
likewise the consideration of the latter part of the report,
and recommended to the committee to prepare the proper
form of a return to that part of the Commissioner's speech.

On overtures from the Synods of Galloway and Angus
and Meams, and the Presbyteries of Haddington and Dal-
keith, relative to the window-tax^ which w^ere transmitted
to the Assembly by the committee for overtures on the 26th,

* The minimum was 100 merks ; the maximum 200, — the former
being equal to £5 : 1 1 : If d. Sterling, and the latter to £1 1 : 2 : 2|d.
The fee for English, &c., in many parishes, not more than 13^d. ;
for Latin, from Is. 8d. to 5s.

252 ANNALS OF THE ASSEMBLY. Q76'2.

with their opinion, " That they deserved the immediate and
serious attention of the Assembly, being a matter of the
greatest importance," the Assembly appointed a committee to
consider them, and to report their opinion next day. This
report was accordingly given in on the 27th, bearing. That
the Assembly shoiUd appoint a committee, with full powers,
to apply to parliament, in name of the Assembly, for an ex-
emption from the window-tax, if they shall see cause ; to
take all such preparatory steps as shall be prudent or neces-
sary in order to carry that application into execution ; and
to report their diligence to the next Assembly. The As-
sembly imanimously approved of this report, and appointed
the committee proposed, consisting of twenty -four ministers
and twenty-eight ruling elders, of whom three ministers and
two ruling elders to be a quorum.

The report of the committee on hirks^ manses^ and schools,
was given in on the 29th. It was unanimously approved
of; and agreeably to the opinion of the committee, the As-
sembly referred to the ^^'indow-tax committee to correspond
with and give directions to Presbyteries, as occasion may
require, in executing the acts of parliament for building and
repairing kirks and manses, and settling schools in the se-
veral parishes. Then the moderator, turning to the Com-
missioner, addressed his Grace, in the Assembly's name, as
follows : — *

Mai/ it please your Grace^

I am appointed by this Venerable Assembly to return
your Grace their humble and sincere thanks, for laying be-
fore his Majesty the inquiries and resolutions of the Assem-
blies 1760 and 1761, with regard to the state of religion in
the Highlands and Islands^ and for representing these to
his Majesty in that favourable manner which your well-
known zeal for the important objects those Assemblies had
in view naturally suggested.

His Majesty's goodness, in approving the proceedings of
former Assemblies respecting this matter, gives this Assem-
bly the highest satisfaction. They entertain the most grate-
ful sense of his gracious declaration, that he would take it
under his royal consideration, and communicate to them in

* The substance of this address had been prepared by the com-
mittee, in pursuance of the instructions given them.

1762."] DILAPIDATION OF STIPENDS. 253

due time his resolutions upon it. And they beg leave to
assure your Grace, that they rest with full confidence in the
signification of his Majesty's intentions, which they trust will
issue soon in eff'ects corresponding to the piety of his dispo-
sition, and his paternal care for the welfare of his subjects.

The Assembly acknowledge, with the utmost respect, his
Majesty's goodness, in recommending to them the discharge
of their duty, by enforcing the laws for establishing of
schools in the several parishes where they are wanting, and
for repairing kirks and manses ; and have, in humble obe-
dience to his Majesty's recommendation, enjoined, by an act
of this date, the several Presbyteries of this Church forthwith
to carry into execution the acts of parliament respecting these
matters. They have likewise appointed a committee of their
number, with whom Presbyteries are to coiTespond, and from
whom they are to receive directions, as occasion may require.
Tliey have further ordered the several Presbyteries to report
their proceedings to the next General Assembly, and the
procurator and agent for the Church to carry on such pro-
cesses as may be necessary for the above purposes, at the
public charge, as the said committee shall direct.

The Assembly embrace this opportunity of acquainting
your Grace of the sense they have of the importance of the
parochial schoolmasters in Scotland, with respect to the in-
terest both of Church and State, by training up those com-
mitted to their charge in the knowledge of rehgion and
virtue, and are deeply afi*ected with their present distressed
situation, arising from their small livings, as they have good
reason to beheve that more than one-third of them do not
enjoy, including their salary and whole emoluments, £l2
per annum. The Assembly therefore humbly hope, that if
it shall be found necessary to apply to parliament for in-
creasing their present legal salary, which amounts to no
more than £5 : 11 : Id. and one-third, his IMajesty vnW be
graciously pleased to give such countenance to that applica-
tion as to his royal wisdom shall seem proper.

To this representation his Grace was pleased to make a
return, and he promised to report it to the King.

Upon report of the committee for overtures, May 28, an
act was passed to prevent dilapidation of stipends, to which
an addition next day was proposed to be made, and agreed
to ; so that the act is as follows :— " The General Assembly

254 ANNALS OF THE ASSEMBLY. Q1762.

enjoin the several Presbyteries of this Church to take an
exact account, on the place, of the extent of the stipend,
glebe, grass, and other emoluments, belonging to every mi-
nister within their bounds, and record the same with accu-
racy in the Presbytery books, so that every succeeding in-
cumbent may see at once what he is entitled to, and Presby-
teries may be better able to give check to any dilapidations
w hich may be attempted : And the Assembly appoint, that
the respective incumbents, in case any persons Hable in pay-
ment of stipends refuse or withhold any part thereof, shall
report the same to the next Presbytery after such refusal ;
who are to give such directions for recovery of the same as
the nature of the case may require ; and that where a mi-
nister is possessed of more glebes than one, and has been in
use of setting the glebe or glebes most remote from his manse,
that such glebe or glebes shall, in all time coming, after the
boundaiies or limits thereof are ascertained as above directed,
be let only by tacks, in which the extent and marches there-
of shall be particularly set forth, and the same lodged with
the Presbytery clerk."

On a motion made on the 28 th, That the Assembly should
appoint a committee to inquire into the extent of the sum
collected in virtue of an act of last Assembly, for the educa-
tion of students having the Gaelic language^ and to draw
proper regulations for the disposal of that money, the As-
sembly referred to the committee for overtures to prepare an
overture on this subject. This overture was given in on the
31st, importing : —

" That the money collected within the Synods of Glasgow and
Ayr, and Argyle, be lodged in the hands of a collector to be named
at Glasgow, to be laid out by him at interest, till called for ; and
the collector at Edinburgh to receive the remainder, to be laid out
by him in like manner.

•' That two committees be named, the one to meet at Glasgow,
the other at Edinburgh, to whom reports are to be made from Synods
and Presbyteries, and who are to issue precepts upon the collectors
for the payment of the sums allowed to students, and give such fur-
ther directions as may be found necessary.

" That six students be named and recommended in manner fol-
lowing, viz., three from the Synod of Glenelg, two from the Synod
of Argyle, and one from the Synod of Perth and Stirling ; the said
students to continue four years at the study of divinity, with £\o
Sterlinar yearly to each of them.

1762.] COLLECTION FOR HIGHLAND STUDENTS. 255

•* That the Synod of Glenelg recommend, in the first instance,
one from the Presbytery of Gairloch, one from the Presbytery of
Skye, and one from the Presbyteries of Uist and Lewis ; and, in
the second instance, that the Presbytery of AbertarfF be preferred,
and next, Lewis and Uist.

" That the Synod of Argyle recommend always one from the
Presbytery of Mull, and one from the Presbyteries of Lorn and In-
verary, beginning with Lorn.

'• That the said sum of £15 Sterling be paid to the students,
upon production of the recommendation of the respective Synods,
and certificates from the professors of divinity of their attendance
for four months in the session to the said committees, who are to
issue precepts upon the collectors respectively, in common form.

" That the, several students so recommended, before receiving
payment of any part of their allowance, do find sufficient security
for the repayment of the sums of money that shall be by them re-
ceived, in case of their applying themselves to any other business
in life than that of the church, or in case of their accepting a set-
tlement in the Low country in preference to a Highland parish.

'* That a list of the students so educated upon the above fund,
be annually reported to the General Assembly : That the Assem-
bly renew their appointment, that parishes who have not as yet
collected for the above purpose, do it within a limited time, and
enjoin Synods and Presbyteries to see the same duly executed ;
and that the several parishes who have already collected, transmit
the same to the respective collectors without loss of time.

" That the committee at Glasgow be the ministers of the town
of Glasgow, and Mr Hill of the Barony, with Principal Leechman,
Professors Traill, Muirhead, and Williamson, Bailies Ingram and
Baird, and Mr Duncan Macfarlane : That the Assembly recom-
mend to Bailie Ingram to take the trouble of receiving the collec-
tions at Glasgow, and lay out the same upon interest in the most
proper manner.

" That the committee at Edinburgh be, Drs Hyndman, Dick,
Webster, Robertson, and Cuming, Professors Matthew Stewart and
Ferguson, the Lord Provost of Edinburgh, the Procurator, and
Messrs Swinton and Campbell of Stonefield, advocates. — Three
of each committee to be a quorum."

This overture was approved of. The money collected
AA-ithin the SjTiods of Glasgow and Argyle, to be transmitted
to Bailie Archibald Ingram, merchant in Glasgow, and the
rest to Mr William Ross, ^vriter in Edinburgh. And the
Assembly appointed, that the act of the Assembly 1761, for
the aforementioned collection, be transmitted to the Pres-
byteries, and that such ministers as have not yet made the
collection, do make it betwixt and the 1st of March next.

An overture from the Presbytery of Perth, That the As-

256 ANNALS OF THE ASSEMBLY. ^1762.

sembly should address the King, that his Majesty would he
graciously pleased to order, that such regiments as are le-
vied in North Britain may have Presbi/terian chciplains,
was remitted, on the 28th, to the committee on kirks, manses,
&c. ; and next day the committee gave in their report, bear-
ing, as their opinion, that it is improper to address the King
on this subject, but that other means may be thought of to
attain the end in view; which opinion was unanimously
approved of.

A petition for Messrs John Macalpin, minister of the
Lowland congregation of Campbelton, and David Campbell,
minister of Southend, was taken under conside^:ation on the
26th. The petitioners represented. That they had directly
complied \viih the act of the Synod of Argyle, which en-
joined the discontinuing the sermons on the Saturday before
and Monday after the Sacrament^ and did every thing in
their power to persuade their people to comply w4th it ; but
the breach between their people and them became every day
wider and mder, till at length their ministry became in a
great measure useless. " For three successive years," these
are the words of the petition, " the sacrament was dispensed
in your petitioner Mr Macalpin's parish, at least offered to
his people, agreeable to the regulations of the act of S}Tiod ;
but very few, not above seventeen persons, would commu-
nicate, and his elders would not officiate ; and it became at
last necessary for him to make the compromise with his
people, of giving them a preparation-sermon upon the Sa-
turday, in order thereby to restore and preserve his usefulness
as minister of the parish ; and since the preparation-sermon
on the Saturday was given, his people did communicate mth
the same decency and harmony as before the act of Synod
commenced ; and there were no less than seven hundred

communicants In justice to our people," say both the

petitioners, " we must say, that they are religious, regular,
and well disposed ; in so much, that there are few or none
within our parishes that do not regularly keep up the wor-
ship of God in their families, and take great care to have
their children educated in the principles of our holy reformed
religion." For this deviation from the injunction of the act
above mentioned, the aforenamed two ministers were brought
before the S3m.od ; and sentence was pronounced, Aug. 6,
1761, by which the Synod, waiving at that time the consi-
deration of Messrs Macalpin and Campbell's past behaviour,

176*2.] ENZIE AND PORTSOY MISSIONS. 257

unanimously resolved to adhere to the acts of Synod 1754
and 1755, whereby the sermons upon the Saturday before
and JNIonday after the sacrament are appointed to be discon-
tinued, and appointed these gentlemen to conduct themselves
accordingly in time coming. From this sentence they ap-
pealed to the Assembly. Parties being heard, this supreme
court, after long reasoning, granted the desire of the appel-
lants' petition, and allowed j;hem to have sermon on the
Saturday before the sacrament, as they shall see it for the
interest of religion and the ends oC edification.

On the 29th, the Assembly took into consideration, — a
petition and representation of the Presbytery of Strathbogie^
giving an account that there was a great number of Papists
and other disaffected people within their bounds ; complain-
ing that, this notwithstanding, the committee for managing
the royal bounty had withdrawTi the itinerancy, not only
from the Enzie, but also from Ruthven ; and praying, that
both these itinerancies might be restored ; — a representation
l)y the minister and kirk-session of Belly to the aforemen-
tioned Presbytery, recommended by the Presbytery to the
Synod of Moray, and by that S}Tiod to the Assembly, com-
plaining of the withdrawing of the itinerancy from the Enzie,
and praying it might be restored ; — and two petitions fr-om
the Presbytery of Fordyce, complaining that the royal bounty
committee had disallowed a salary for the missionary in the
Enzie this year, and withdra^^'n the itinerancy from Portsoy,
and pra}'ing the Assembly might recommend to that com-
mittee, to continue an itinerant to preach at Portsoy and to
catechise in the Enzie. After all these papers were read,
and the parties concerned heard, the Assembly had a good
deal of reasoning on 'them ; in the course of w^iich it Avas
remarked, that the royal bounty committee had, in conse-
quence of an appointment of the last Assembly, erected five
schools, with large salaries, for teaching the dead languages.
A motion was then made, and seconded, to put the question.
Could the last Assembly, agreeably to the terms of his jNIa-
jesty's royal grant, withdraw the salaries from the itinerants
and catechists, and erect schools for teaching the dead lan-
guages, or Not ? But several members opposing the putting
of this question, a second was proposed, and seconded, viz.,
Grant the desire of the petitions, or Not ? This occasioned
the putting of the previous question. Whether to put the
Jirst or second f and it carried for the second. Tlien the
Y 2

258 ANNALS OF THE ASSEMBLY. [|1762.

question was put, Grant the desire of the petitions, or Not ?
and it carried, by a great majority, Not. Therefore the As-
sembly refused the desire of the petitions.

A motion was made by Dr Webster on the 31st. This
rev. gentleman observed. That the King had not yet sig-
nified his pleasure concerning the plan laid before his Ma-
jesty by the Commissioner, at the desire of the last Assembly,
for the more effectual reformation of the Highlands and
Islands., by erecting new parishes and parochial schools,
endowed with proper stipends and salaries, and, besides
these, five other schools of a higher nature, for teaching the
dead languages, with legal salaries ; as, therefore, his Ma-
jesty had not yet signified his pleasure concerning this plan,
but had again issued his royal warrant for payment of £ 1000,
in the precise terms of former grants, the Doctor moved,
That no part of his Majesty's pious donation for this year
should be applied to the purposes intended by that plan, but
wholly employed, agreeable to the former grant, for main-
taining itinerant preachers and catechists. The Assembly,
after reasoning on this motion, agreed to appoint the royal
bounty committee to continue the five persons who were
employed last year as schoolmasters, to be catechists in their
respective stations ; recommending to them to employ the
time they can spare from their business as catechists, in
teaching such parts of literatm'e as may be useful to prepare
persons for the university who have a view to be students
of divinity.

Upon a motion made on the 26th, the Assembly appointed
that the act of parliament against murdering of childreoi^*
be read from the pulpit of each parish in the Church at
least twice every year ; that the Presbyteries, at their privy
censures, make inquiry whether this has been done ; and
that the several ministers cause engross the act into their
session records respectively, that it may be always at hand,
and not lost.

As to settlements. — On an appeal for the Duke of Ha-
milton, patron of the parish of Bothwell^ the Assembly, on
the 24th, remitted to the Presbytery of Hamilton to proceed
to the translation of his Grace's presentee, Mr James Baillie,
minister of Shotts, to be minister of Bothwell ; and em-

* See the former volume, p. 219.

1762.] CxVSE OF DALRYMPLE OF DALLAS. 259

powered the Commission to determine finally in any ques-
tion that shall be regularly brought before them relative to
this settlement.

On an appeal by Lieutenant-Colonel George Moncreift' of
Reidie, patron of the parish of Auchtermuchty^ from a sen-
tence of the Synod of Fife, affirming a judgment of the
Presbytery of Cupar, refusing to sustain and concur with a
presentation and call in favour of Mr Thomas Mutter, mi-
nister at Lesswalt, to be minister of Auchtermuchty, the
question was put, on the 25th, Reverse the sentence com-
plained of, or Not ? and it canied, by a great majority,
Reverse. The Assembly therefore reversed the sentence ;
and sustained the call to the presentee to be minister of
Auchtermuchty ; remitted to the Presbytery to proceed in
the necessary steps towards his transportation from Lesswalt
and his admission in Auchtermuchty, with all convenient
speed ; and empowered the Commission to determine finally
in any complaint, reference, or appeal, that shall regularly
be brought before them relative to this settlement.

There Avere long pleadings and reasoning. May 27 and
28, on a petition for Mr Robert Dahymple, minister at
Dallas^ tabling an appeal taken by him from a sentence of
the Synod of Moray, affirming a sentence of the Presbytery
of Forres, whereby, on a libel, charging him with being
guilty of fornication yyith. Margaret Lee, his maid-servant,
they deposed him from the office of the holy ministry, ap-
pointed the parish of Dallas to be declared vacant, and Mr
Dalrymple to appear on a Lord's Day before the congrega-
tion of Dallas, to make public profession of his repentance.
jVTr Dalrymple, in his petition, complains of the Presbytery
for precipitation, and other in-egularities, in conducting the
process against him ; particularly, in proceeding sometimes
in his absence, and without timely notice given him ; and
in refusing him an exculpatory proof. On this case, the
judgment was in these words : — " The General Assembly
did, and hereby do, without a vote, reverse the sentences of
the Presbytery of Forres and Synod of Moray, deposing the
said Mr Robert Dakymple from the office of the holy mi-
nistry ; and leave it to the Presbytery to proceed of new, liy
Avay of libel, against the appellant, as they shall see cause ;
and if they shall proceed in a new process, that they allow
him a full proof of all facts and circumstances that may tend
either to exculpate or alleviate."

260 ANNALS OF THE ASSE3IBLY. f 1762.

On report of the committee for overtui'es, May 31, the
follomng overtures were agreed to be transmitted to the
several Presbyteries of the Church, that they may send up
their opinions upon them to the next Assembly, viz. : —

1. " The General Assembly, considering that, by Form
of Process^ ch. ii., § 13, the judicatures of this Church are
enjoined to consider and sustain the relevancy of the excul-
pation offered by the defender, before they give wan-ant to
cite Avitnesses for the proof thereof; and considering like-
wise, that a practice more equitable obtains in the supreme
civil and criminal courts of this part of the united kingdom,
viz., that the defender is always allowed to prove all facts
and circumstances which he may apprehend to have any
tendency, either to his entire exculpation, or to the allevia-
tion of the crime charged in the libel against him, and that
before the court proceed to consider the relevancy of the
grounds of exculpation offered by the defender : Therefore,
the General Assembly did, and hereby do, repeal the article
in the Form of Process above referred to ; and enact, and
appoint all judicatures in this Church, to grant warrant to
cite such witnesses as the defender or his procurator shall
name, for proving all facts and circumstances which the said
defender or his procurator may judge to be of use for excul-
pating the defender from the crime or crimes libelled, or for
alleviating the same, A\dthout giving any previous judgment
on the relevancy of the grounds or articles of exculpation.
And further, they appoint the said judicatures, before pro-
nouncing final sentence, to weigh deliberately, not only the
relevancy and proof of the libel, but like^^dse the relevancy
of the said exculpation, and the proof thereof."

2. The overture transmitted by the Assembly 1754, con-
cerning members of inferior courts judging in causes appealed
from to superior courts, — to be again transmitted.

3. The overture of last Assembly, relating to Presbyteries
sending their opinions on overtures transmitted to them, —
to be also again transmitted.

4. And the Assembly remitted to the window-tax com-
mittee to review the Form of Process as it presently stands,
and prepare an overture for altering such parts of it as may
be thought necessary, — to be laid before the Commission in
November, who are empowered to transmit it to the Pres-
byteries.

STATE OF THE WIDOWS FUND.

2et

IT 02.]

According to the report of the trustees for managing the
u'idoivs'fund, the facts continue to correspond, to a surprising
degree of exactness, with the suppositions on which the cal-
cufations for estabhshing the fund were founded, as appears
by a comparison of the calculations previously made, with
the facts as they have come out since the commencement of
the establishment, being eighteen years, as follows :--The
Jirst column contains the suppositions and the calculations,
previously made ; the second^ the facts as they have come
out : and the thirds the differences between these : —

SUPPOSITIONS AND CALCULATIONS.

FACTS.

DIFF.

It was supposed,

That 30 ministers and professors would die an-

nually ; inde, for 18 years - 540

— 537 —

— 3 —

That they would leave 20 widows

annually ; indr, for 18 years 360

— 358 —

— 2 —

That 6 families of children with-

out a widow would be left an-

nually ; inde, for 18 years - 108

— 107 —

— 1 —

That 4 ministers and professors

would die annually, without

leaving either widows or chil-

dren ; inde, for 18 vears - 72

— 72 —

— 0 —

That the number of annuitants

drawing full and half annuities.

at Whitsunday 1762, would

amount to within a small frac-

tion of - - - 229

— 224 —

— 5 —

That the medium of their annui-

ties would be - - - L20 0 0

*L19 17 3 10

LO 2 8 2

That the medium of the annual

rates would be - - - 5 5 0

5 16 9

0 3 5 3

That the free stock, at clearing

accounts with the collector, in

the 1761, would amount to - 52,660 4 4

52,122 0 9 3

538 3 6 9

* The 4th denomination in these sums is 12ths of a penny.

The Rev. Br George Wishart, principal clerk to the
Assembly, was excused from not attending this Assembly
on account of an accident he met with, which confined him
to the house, and the Rev. Mr James Hogg, minister at
LinUthgow, was authorised to act for him as clerk.

A reference from the Presbytery of Paisley, of a case
brought before them anent the transportation of Mr John
Wither spoon * fi'om Paisley to Dundee, with an appeal by
the magistrates, to%vn- council, town-session, and incorpora-
tions of Paisley, opposers of the transportation, from the

* The previous transportation of Witherspoon from Bei*h to
Paisley never came before the Assembly. But it had been opposed
by the Paisley Presbytery, (chiefly on the ground of his bemc: the
reputed author of the " Characteristics;") and his defence before
the Synod may be seen in his " Essays," vol. iii.

262 ANNALS OF THE ASSEMBLY. [^1762.

foresaid reference of the Presbytery, heard ; the said Mr
John Witherspoon continued at Paisley, and his transpor-
tation from thence to Dundee refused.

A petition for the Synod of Merse and Teviotdale, for
advice in a cause before them, anent repairing the kirk of
Kelso ; in which cause, the Synod appointed the Presbytery
of Kelso to proceed to a regular visitation of the kirk, be-
twixt and the 1 st of July next ; against which the Presby-
tery entered an appeal, but afterwards dropt it ; and the
heritors obtained an advocation of the cause to the Court
of Session, given in and read ; the procurator and agent for
the Church appointed, quam primunh to call for the advo-
cation, and get the reasons thereof discussed. — The power
of the Synod to enjoin Preshyteries to do their duty with
respect to visitation of churches according to law^ asserted.

Act and recommendation for a general collection in the
several churches in Scotland to the Society in Scotland for
Propagating Christian Knowledge among the North Ame-
rican Indians. — The collection to be made in the bounds of
the Presbytery of Edinburgh, on the first Sabbath of Feb-
ruary next, leaving it to the other Presbyteries to name a
day that they shall judge most proper to answer the pur-
pose.— The money collected appointed to be transmitted to
John Davidson, writer to the signet, treasurer to the said
society; and the several Presbyteries appointed to report
their diligence to their respective Synods.

The report of the committee named to inquire into the
extent of the sum collected for the Protestant congregation
at Saarbruck, given in, bearing, tifat the collectors named
to receive that collection, received collections only from nine-
teen parish churches, amounting to £39 : 2 : 4d. Sterling,
out of which they paid £7, 4.S., as the expense of printing
and transmitting the said recommendation. — The said re-
port read, and the recommendation of last Assembly for this
collection ordered to be reprinted and transmitted to the
several Presbyteries, to the end that such ministers as have
not collected may yet have an opportunity of collecting.

A motion for renewing the act and recommendation of
the^ssembly 1760, for a collection for repairing the har-
bour of Craill^ in respect of the smallness of the sum col-
lected, being only £58 : 4 : 5^d. SterHng, refused.

The printed Acts of Assembly appointed to be sent yearly
to the several Universities, as well as to Presbyteries.

1763.] DALRYMPLE OF DALLAS DEPOSED. 263

Protestation admitted at the instance of the Presbytery of
Paisley, and John Snodgrass and others, against Mr John
Witherspoon, minister at Paisley, and the kirk-session of
Paisley, for not insisting in an appeal taken by them from
a sentence of the Presbytery of Paisley, pronounced in a
process of scandal depending before them against the said
John Snodgrass and others.

The Assembly rose May 31.

Assembly 1763.

The General Assembly met on the 26th of May. Lord
Cathcart Avas the King's Commissioner, and Dr William
Robertson, Principal of the University of Edinburgh, was
chosen moderator.

A motion was made, the first sederunt. That an humble
address should be presented to the King, to congratulate his
Majesty on the birth of the Prince of Wales, and upon the
happy conclusion of the war, by a safe, honourable, and, to
all appearance, a lasting peace. Which motion being se-
conded, was unanimously agreed to, and a committee was
appointed to draw it up. The draught was presented on
the 28th, and approved of. An address to the Queen was
then moved for, agreed to, and a draught of it presented
and approved of.

Mr Robert Dalrymple, minister of Dallas, who had
been deposed by the Presbytery of Forres for the crime of
fornication, was restored to his office by the Assembly 1762,
but the Presbytery raised a new libel against him ; and
haWng alloAved him a proof of all facts and circumstances
that might tend to his exculpation, and taken the proof on
l)Oth sides, they referred the case to the Synod of Morav.
The Synod deposed him. Mr Dalrymple appealed. Parties
were heard at great length before the Assembly, May 31 ;
and on the 1st of June, after long reasoning, the question
was put. Affirm, or Reverse, the sentence of the Synod ?
and it earned, by a great majority. Affirm the sentence of
the Synod of Moray, deposing Mr Robert DalrjTuple from
the office of the holy ministry. Next day, on a motion made
on reading the minute of this affair, the Assembly declared
the church and parish of Dallas to have become vacant from
and after the 1st of June, from which dav the sentence of

264 ANNALS OF THE ASSEMBLY. Ql763.

deposition was declared to take effect, and the right of Mr
Dalrymple to the stipend to determine.

The Assembly ordered, That all applications for a share
of the public money in time coming, shall be transmitted to
the agent for the Church, with the grounds of the claims,
on or before the 1st of May yearly, that the same may be
laid before the procurator, who is hereby appointed to give
a short state of the case, and report the same, vA\h his opi-
nion thereon, to the General Assembly at their third sede-
runt ; with certification, that all petitions or applications for
money, not lodged in terms of this overtiire, shall not be
received by that Assembly, but left in the agent's hands, to
be considered and reported to the Assembly in the year
thereafter. And the General Assembly recommended to all
Presbyteries to pay the greatest attention to the 8th act of
Assembly 1719, which was ordered to be reprinted, and
inserted with the public acts of this Assembly.

Upon report from the committee for overtures^ trans-
mitted by the last and preceding Assemblies, the General
Assembly agreed, that all these be again transmitted, and
appoint, that such Presbyteries as have not yet sent up
their opinions concerning them, do send up the same to
the next General Assembly. The overtures are these : —
\nio^ Anent sending up opinions on overtures transmitted
by the Assembly. 2c?o, For repealing that part of the Form
of Process anent exculpations. Stio^ Anent members of in-
ferior courts judging in causes appealed from them. And
that the report concerning them be brought in to an earlier
diet of the Assembly.

An appeal of the magistrates and town-council of the
burgh of Dundee^ and ministers and kirk-session of the
town and parish of Dundee, from a sentence of the Synod
of Merse and Teviotdale, whereby they affirmed a sentence
of the Presbytery of Jedburgh, refusing to transport Mr
Alexander Ferrier, minister at Oxnam^ to be minister of the
town and parish of Dundee, heard ; the General Assembly
reversed the above sentence, and translated the said Mr
Alexander Ferrier from the parish of Oxnam to the town
and parish of Dundee, and appointed the Presbytery of
Dundee to proceed to his settlement as mmister there, ac-
cording to the rules of the Church, Avith all convenient des-
patch.

1763.] DR DICKSON SUSPENDED. 265

A petition for the Synod of Merse and Teviotdale, anent
the insufficiency of the church of Kelso, and that they had
recommended the A-isitation thereof to the Presbytery of
Kelso, -which they had not done ; that an advocation had
been brought by some of the heritors of the S\Tiod's sen-
tence, and that they had apphed to last General Assembly
for advice, and the Assembly appointed the procurator and
agent for the Church to give in answers to the bill of advo-
cation, if not passed, and" if it was passed, to get the reasons
discussed ; and the Assembly did assert the power of Synods
to enjoin Presbyteries to do their duty with respect to the
visitation of churches ; that the Lord Ordinary had assoilzied
the heritors ; against which interlocutor a representation had
l)een given in by the procurator, which was appointed to be
answered, and craving further advice and direction, and to
gTant what further aid of the procurator and agent, or other
counsel, and assistance of the public money, as should be
found necessary in carrpng on and completing so important
an affair. — A committee was named to consider the above
petition, and to report their opinion thereon to the Assem-
bly.

A letter from his Grace the Lord High Commissioner to
the moderator, informing the Assembly of his Grace's indis-
position, and that the Assembly might proceed to business
in his absence, if they thought proper.

The report of the committee named to consider the appeal
of Z)r David Dickson, minister at Newlands, from a sen-
tence of the Presbytery of Peebles, to the S\'nod of Lothian
and Tweeddale, deposing him from the office of the holy,
ministry, and by the Synod referred to the Assembly, called
for and given in ; beanng, as their opinion, that the Assem-
bly should, in respect of the whole circumstances of the case,
agree to take off the sentence of deposition, and suspend Dr
Dickson from the exercise of his ministry, until the said
Presbytery shall see cause to take off this sentence. — The
said report and opinion read, and unanimously approven of,
and the General Assembly do pass sentence accordingly.

A petition of the Presbytery of Chimside, craA-ing a dis-
junction of the parish of Bunkle from the Presbytery of
Dunse, and an annexation thereof to the Presbytery of Chirn-
side, given in and read. — The General Assembly agreed, as
the parish of Bunkle is vacant, to delay the determination
of this question till that parish is supplied.

266 ANNALS OP TUB ASSEMBLY. Q763.

An appeal of the Right Hon. Wilham Earl of Glencaim,
from a sentence of the Synod of Glasgow and A}t, whereby
they affirmed a sentence of the Presbytery of Irvine, refusing
to sustain a call for 3Ir William Lindsay^ minister of the
parish of Cumhry^ and to transport him from said parish to
the second ministers charge of Kilmarnock, heard. — The
General Assembly reversed the above sentences, and sus-
tained the presentation and call to Mr William Lindsay, and
appointed the Presbytery to proceed without delay to judge
in the question of his transportation according to the rules
of the Church.

The report of the committee concerning the church of
Kelso, called for and read, bearing, That they had read a
state of all the facts, and were of opinion, as the cause is
now depending before the civil court, it would be improper
for the Assembly to interpose any further, than to appoint
the procurator and agent to get the reasons of advocation
discussed, and to advert to the interest of the Church in this
matter. — This was imanimously agreed to by the Assembly.

A petition for the Presbytery of Dunse, bearing, that the
united parishes of Preston and BunMe being vacant, two
presentations were laid before them, one by his Majesty, the
other by the curators of Archibald Douglas of Douglas, Esq. ;
that Archibald Douglas had obtained a decreet of declarator
in his favour against the CroMTi, but that an appeal was
intended, and cra-vdng the Assembly's advice. — The General
Assembly, upon consent of Mr Douglas's curators, agreed to
delay proceeding to the settlement till the right of patronage
be determined, and recommended to the Presbytery accord-
ingly.

Overture from the Synod of Perth and Stirling, concerning
plurality of benefices, dismissed, by a great majority.

Upon a petition oiMr John Ahell, minister of Rothiemay,
the Assembly recommends to him, to bring an action for
recovering any dilapidation of his stipend, or obtaining an
augmentation ; appoints their procurator and agent to attend
to the same, with power to Mr Abell to apply for such allow-
ance of expense, at the issue of the cause, as the Assembly,
from the circumstances of the case, shall think him entitled
to ; arid the Assembly testifies their approbation of the Pres-
bytery of Strathbogie, for their attention to what is enjoined
by the 8th act of the last Assembly, concerning the taking
an account of the extent of stipends and glebes.

1 764.] VISITATION OF THE HIGOLANDS. 267

Appointment of the same committee concerning the win-
dow-tax, with the addition of some members, with the same
powers and instructions as were given by last Assembly, and
with power to them to call for aid out of the public fund of
the Church, for carrying on an application to Parliament for
relief from the said' tax, if such appHcation shall be found
expedient.

The Assembly rose June 6.*

Assembly 1764,

The General Assembly met on the 24th of May. — Dr
Alexander Gerard, Professor of Divinity in the Marischal
College, Aberdeen, was unanimously chosen moderator. —
John, Earl of Glasgow, was his Majesty's Commissioner.

A motion was made, IMay 28, That Mr John Walker,
minister at ^Moffat, had been employed by the trustees on
the annexed estates^ to visit the Western Highlands and
Islands, in order to report to them concerning the natural
productions, and the state of agriculture, manufactures, and
commerce, in those countries ; that in performing this, he
would have occasion to be in several places which could not
be visited by the commissioners appointed to visit those
countries by the Assembly 1760 ; that he was desirous of
procuring the Church the most perfect information concern-
ing the state of religion in those countries ; and therefore it
was proposed, that the Assembly should instruct and em-
power him to visit those parts, ^vith the same instructions as

• Among other apphcations made to this Assembly for aid out ot
the public money, was one from Mr John Mmsden, Professor of Di-
vinity, King's College, Aberdeen, setting forth,—" That the four
members of said college had raised a process of reduction and decla-
rator, with a view to exclude him from being a member, and from
sharing in the public increased revenue of the college ; that the Sy-
nod of Aberdeen are the original mortifiers of the professor's revenue ;
that they are properly patrons of the office, and electors of the pro-
fessor of divinity, they having sixteen votes of nineteen in the no-
mination ; and that the office, as it is of general utility, so is the
only one of that kind which is at the disposal of a church judicatory, '
&c. The Svnod recommended the case, which was also supported
by the procurator ; and the Assembly agreed to grant the aid de-
sired.

268 ANNALS OF THE ASSEMBLY. [1764.

were given to the commissioners by the royal bounty com-
mittee in 1760; and that he would report to the ensuing
General Assembly, and that "without bringing any burden
on the funds of the Church. The Assembly instructed and
empowered him accordingly, and appointed the Presbytery
of Lochmaben to supply his church during his absence.

Tuesday and Wednesday, May 29 and 30, were taken up
by the Eclinhurgh settlement^ of which the following is an
account : —

Dr John Hijndman^ minister of X««'j/ Yesters Churchy
Edinburgh, died on the lOth August 1762. Soon after the
vacancy, six different persons were talked of for supplying
it, two of whom were supposed to have some friends in the
town-council ; but a letter was afterwards said to have come
from London to the Lord Provost, recommending three mi-
nisters ; Mr John Drysdale, minister of Kirkliston, who was
one of them, to have the preference. Be this as it may, a
presentation was granted by the town-council to this gen-
tleman, Dec. 1, 1762, and sent him by express ; which, vdih.
his acceptance, dated also Dec. 1, was delivered to the mo-
derator of the Presbytery on the 3d. Great opposition was,
however, made to his settlement, by three different orders of
men, viz., the minority of the to^v^Ti-council, the merchant
company, and almost all the incorporations, and the general
sessions.*

Many papers were published on this subject ; the chief
of which were : — " Reasons of Protest by Messrs John
Walker, a present bailie, and James Stuart, a late bailie,
and present councillor, adhered to by JSlessrs Thomas Hog,
old bailie, William Gibson, merchant-comicillor, and Charles
Cuningham, baker, and William Thomson, weaver, deacons
extraordinary, dated Dec. 8, 1762 ; " with " Answer shy the
magistrates and council, dated Dec. 23," and " Replies by
the protesters, dated Dec. 29." — " Minutes of the General

* In the city there were then nine parishes ; seven of which had
two ministers each, the other two but one each ; and for each parish
there were six elders and six deacons : so the general sessions con-
sisted of sixteen ministers, fifty-four elders, and fifty-four deacons ;
in all, 124, when full. The Provost of Edinburgh in 1762-4, was
the famous George Drummond ; but in September 1 764 he was
succeeded by Mr Stuart, one of the leaders of the opposition in the
present contest.

1 764.] CASE OP LADY YESTER's CHURCH. 269

Sessions of Edinburgh^ containing an act, dated Dec. 3,
17G2." — ''Answers by the Lord Provost, Magistrates, and
Council, to the resolutions contained in this act, dated Dec.
1 5 ; and Replies by the General Sessions to these answers,
dated Dec. 23." — " Faction detected" published about the
end of January 1763, on the side of the council ; and, " The
True State of the Case" dated March 7, 1763, on the side
of the opposition. From these, and other papers, we shall
give extracts ; prefixing an O to what was said for the op-
position, and a C to what was said for the council.

O. — It has long been the practice of the Lord Provost of
Edinburgh, to convene at his own house his brethren of the
magistracy, the convener of the trades, and frequently the
merchant-councillors, on the day preceding the stated meet-
ing of council, as a select committee, to plan the operations
of the following day ; and it has always been understood,
that nothing of a pubHc nature was to be moved in coimcil
\\-ithout the previous knowledge of that committee. At this
meeting, Nov. 30, 1762, not a word was spoken concerning
the supply of the vacant charge. The consequence was, that
they who were best qualified to give sound advice, were
altogether unprepared; and as a report had gone abroad
from one of the clerks, that there was to be no council
held that day, some members of no mean character were
absent.

C — This objection, That it had been industriously spread
that no business of consequence was to be done on the 1st
of December, appeared in various shapes. First, the Lord
Provost made it to be believed there was to be no council
that day : A gentleman heard him say so; but upon laaiure
recollection^ it was some other person said so at his Lord-
ship's desire ; at least somebody had given out that the Lord
Provost was not to be there. In short, this story took a new
form every day, and in every form gained credit with some.
But nothing can better demonstrate how much the good
citizens are imposed upon by a spirit of faction. This was
a regular stated meeting of council, held in the ordinary place,
and on Wednesday, the ordinary day of meeting throughout
the year. If it is foreseen that there is to be no meeting on
this stated day, billets are regularly sent, some time before,
to warn every individual member not to attend ; but in the
present case, no such billets were sent. The council met as
usual ; and this meeting was more numerous than any that
z 2

270 ANNALS OF THE ASSEMBLY. [l76'4,

had been for some weeks before. Of thirty-tliree members,
only four were absent ; one of whom was confined to his bed
by indisposition ; and we have not heard that any of the other
three ventured to say their absence was occasioned by their
having heard the above mentioned report. But what is re-
markable, the persons who have been most industrious in pub-
lishing this report, were actually present in council. Every
artifice of this kind seems to have been altogether unneces-
sary ; for, of twenty-nine members present, twenty-three
voted. Present Mr Drysdale ; five voted against it, and
one was non liquet.

O. — Mr Hog declares, that he was led to believe there
would not be a meeting of council on the 1st of December,
and therefore did not come to the council-chamber. His
friend, Mr Stuart, entertained the same belief; but ha-vdng
some business with one of the clerks, and caUiug upon him,
he found the council met, and Bailie Walker engaged in
debate upon the subject of a presentation. This gentleman
had been some time indisposed, and that was the first day
of his going abroad. Had not he been in council, and taken
up a good deal of time in reasoning, the afiair would have
been over before Mr Stuart's arrival. . . . Exceedingly sur-
prised at what he then heard, ^^Ir Stuart afiirmed in open
council, that the j^rovost had said to him some days before,
that he would not be in town that day; from which Mr
Stuart concluded, either that there would be no meeting of
council, or that there would be no business of consequence
before them. He afiirmed further, that Mr Lindsay, the
clerk, had told him, in the Provost's name, that his Lord-
ship would not be in council that day ; and Mr Lindsay
being urged to declare whether he had not said so, acknow-
ledged his having said to Mr Stuart that the Provost had
told him, " he beheved he would not be in council that
day."

C. — Immediately after, or rather before the death of Dr
H}Tidman, warm solicitations were begun, and carried on
in such a manner, in order to influence the kirk-sessions, and
secure their votes for a particular person, as plainly indicated
that no regard was to be paid to the sentiments of the ma-
gistrates and town-council, though undoubted patrons of all
the churches in the city. Frequent experience had formerly
proved the pernicious tendency of such solicitations ; and
the magistrates and council had good cause to be alarmed at

1764.] CASE OF LADY YESTER's CHURCH. 271

such a notorious abuse of their lenity and indulgence

The convener represented, in council, Dec. 1, 1762, That
having had a meeting that morning with his brethren, (as
usual every council day,) he was desired by them to request
the council to take such measures as appeared to them most
proper, for allaying the heats and animosities that were al-
ready begun, and were daily increasing, about the choice of
a minister. Upon this motion, the Lord Provost desired,
that the resolution of council, dated June 6, 1750, should
be read ; by which it Avas agreed, ••' That no motion rela-
tive to the caUing and settUng of ministers in Edinburgh,
should be taken into consideration by the council till three
weeks after it was entered into the record ; " and represented,
that if the council judged it an advisable measure at this
time to present a minister, it would be proper to rescind that
act of council ; which, after some reasoning, and protests
taken, was accordingly rescinded. After this, the council
resolved, by a vote, to proceed immediately to present a
minister to supply the vacancy ; and the question being put,
Whom they should present ? twenty-three members named
Mr Drysdale. The presentation, which had been previously
prepared, was then called for, and signed.

O. — The rescinding the act of council 1750 was unjust,
and incompetent to be done by the council. The design of
that act was, to guard against designing men taking advan-
tage of their brethren by sui^rise.

C. — A resolution hastily foniied the first moment it is
brought into the council, cannot, it seems, be afterwards re-
scinded, however inconvenient, till five Aveeks after the mo-
tion for so doing is made ; for it is two weeks after a motion
is made before it can enter the record — a most cumbersome
restraint upon the freedom of the council. But every society
have a right to set aside the fetters intended to be imposed
upon them by their predecessors ; for it is not in the power
of the administrators of any community, to bind up them-
selves or successors from acting with that freedom which is
inherent in the nature of the constitution, and disentanglijag
themselves from all embarrassments that may retard the ad-
ministration of the trust reposed in them. Agreeable to this
doctrine was the determination of the Court of Session ; for
though, in 1720, the then magistrates and council entered
into articles of agreement with the Presbytery, the sum of
which was, that the kirk-sessions, consisting of the ministers,

272 ANNALS OF THE ASSEMBLY. [1764.

elders, and deacons of each parish, and where the deacons
vote along mth the other members, were to give in each
session a leet of three candidates for every vacancy ; and on
a day to be appointed by the Presbytery, the magistrates
and town-council, together with the ministers, and the elders
of the several sessions, were to meet, and elect out of those
leets a person to fill the vacant charge; yet, upon a reduc-
tion brought of these articles, the Court of Session, Feb. 1 3,
1739, " reduced and declared these articles, and haill acts
approving thereof, to have been from the beginning, to be
now, and in all time coming, null and of none avail ; and
found and declared the Lord Provost, Magistrates, and Coun-
cil of Edinburgh, to have the only right of presenting mi-
nisters to all the vacant churches built or to be built >vithin
the city."* And sure, a resolution respecting themselves only,
could far less be any bar in the way of the magistrates and
council, to remove any obstruction that could be supposed
to prevent the exercise of a right fully vested in them by
law.

O. — We have no where disputed the power which every
society has to alter their bye-laws, when found hurtful ; but
such alteration ought to be made in an orderly, fair, and
discreet manner, the whole society made acquainted with
the intended alteration some reasonable time before it is
made, that they may have it in their power to weigh it de-
liberately. No society can, consistently with honour, alter
a law that has been maturely considered before it was en-
acted, Avithout great and necessary causes. We think laws
and forms necessary for supporting common justice and
equity ; we cannot look upon them as fetters cumbersome
to hberty, but of the highest utility in preventing jobs, in-
justice, and surprise. These were the reasons for which the
act 1750 was made; the want of such a law having been
severely felt by the unjustifiable jobbings that had frequently
happened before it was made. Nor was it hastily formed,
as is insinuated, but enacted after having been under con-
sideration for several weeks. In these circumstances, no
society could abruptly repeal such a beneficial regulation on

* The decision of the Court was unanimous. The action had
been brought by the town-council in consequence of the opposition
given to the settlement of Principal Wishart. — See the former vol.,
p. 310.

1764.] CASE OF LADY tester's CHURCH. 273

an instantaneous motion, (when several that had a right to
be consulted, were not only absent, but had never heard of
the design,) without breaking through every bond of society
and public faith.

C. — The act 1 750 had no reference to any other method
of settling ministers but that established by the agreement
1720 ; and therefore could not be pleaded against a presen-
tation, which was not in the view of the framers of that act^
nor is comprehended in the words of it. Besides, that act
was itself proposed and made in one hour, without any
previous deliberation, and disregarded the very next vacancy
that happened.

O. — This act has been constantly in observance, and the
invariable rule of procedure, with respect to the settlement

of ministers, ever since its date. C — The fact stands

quite otherwise. This act, probably made with a particular
view, was never strictly observed but at the time it was
made, being, on other occasions, sometimes very little re-
garded, and sometimes not at all O. — We agree that

this act was made with a particular \'iew, the view to guard
against trick and artifice, which are too frequent in some
societies ; and it has been regularly observed ever since it
was made, excepting in some instances |^ which were speci-
fied,] when the present Lord Provost was in the chair, or
in council.

O. — We apprehend it is not in the power of the council
to present a minister ; in regard that, by the invariable cus-
tom, as well as in consequence of the aforementioned agree-
ment 1720, the method of calling and settling of ministers
has been by the to^^^l-council and general kirk- sessions in a
collective body ; and no instance can be given where the ma-
gistrates and council have taken upon them to grant presen-
tations since the Revolution. And with regard to the decree
of the Court of Session in 1739, as the Lord Provost refused
a week's delay, though urged for, that it might be considered
deliberately, it must probably have been in absence, or void
and null ; because the right alleged to be thereby established
has never been exercised, but the ancient method of settling
ministers has been constantly observed since its date.

C. — The decree 1730 was infuro; all parties having in-
terest were called, compearance was made for tlie defenders
by a number of eminent lawyers, and the decree was pro-
nounced after a long debate and printed informations. It

274 ANNALS OF THE ASSEMBLY. [1764.

must therefore follow, according to what is pleaded on the
other side, that the right vested in the magistrates and coun-
cil ought to be exercised, that the decree in their favour may
be no longer considered as in absence, or void and null, and
that the plea of prescription may be cut off.

O — The right of patronage in a private patron may be
considered as a part of his property ; but the magistrates
and council of Edinburgh, who are chosen annually, can be
considered only as trustees and guardians for their fellow-
citizens and the public ; they take an oath of fidelity when
they enter upon their office ; and whenever they depart from
the liberties and privileges of their fellow-citizens, much
more when they infringe and impair them, as we apprehend
is done remarkably in this case, they are guilty of a breach
of the trust committed to them by the community whom
they represent.

C. — What can be meant by insisting upon the council's
being trustees for their fellow-citizens ? Do the gentlemen
thence infer, that the inhabitants miLst be consulted and have
a vote in every part of the administration ? What endless
confusion would this introduce ! Who then are to be the
judges, in what respects, and how far the council should
depart from or surrender any right vested in them as re-
presenting the community ? (whose rights, by the way,
cannot be maintained but by the exercise of them by the
magistrates and council.) After all, should the right of
patronage be found not to belong to the magistrates and
council, it would in that case belong to the Cro^vn ; and
what would the gentlemen in the opposition gain by this ?
Can the community be safer in other hands, than in that
respectable body chosen according to the constitution, for
the government of the city, and maintaining its rights and
privileges ?

O. — We have no occasion to enter into the general ques-
tion. Whether administrators or governors ought in all cases
rigorously to exercise the rights vested in them by strict law ?
Thus much we know, that the spirit and maxims of this
nation repudiate such rigour. The Legislature itself has,
in many cases, listened to the voice of the people ; nay, the
magistrates and council of this borough have, on several oc-
casions, paid great deference to the voice of the inhabitants.
It is not long since the council took upon them, without
consulting or acquainting the inhabitants, to apply to par-

1764.3 CASE OF LADY yester's ciiurcii. 275

liaraent for a severe additional tax upon their property,* as
well as other steps of a very extraordinary' nature ; which,
as soon as their fellow-citizens were apprised of them, ap-
pearing either unconstitutional or improper, were quickly
abandoned by those who made them.

O, — If the method of settling ministers in this city by
presentations be followed, we apprehend it must have the
most fatal tendency, in alienating the minds of the people
from attending on the regular stated ministry in the churches,
already too much neglected, and to the erecting of diflFerent and
separate places of worship in this populous city. How hurtful
this will be to the morals of the people, already greatly cor-
rupted, must be apparent to all disinterested persons, who
are not determined to carry their own arbitrary measures
into execution, whatever be the consequence ; and how de-
structive it must be to the revenue of the poors'-house, which
is mostly maintained by the collections of those who frequent
the churches, and cannot be maintained otherwise, must like-
wise be apparent ; the proper revenue of the towTi being al-
ready so much impaired, that all that can be spared from it
is £200 per annum ; Avhereas the voluntary collections at the
church- doors amount, at an average, to about £1200 yearly.

C. — Sure no well-disposed mind will be induced to ne-
glect their duty, though their inclination or fancy be not
gratified on every occasion. It is hoped the council will
always make such a choice of ministers as will be most con-
ducive to the interests of true religion and sound morals ;
and it were to be wished the gentlemen had avoided the
hard name of arbitrary measures^ which can serve no pur-
pose but to inflame weak minds : at the same time, the
council have so good an opinion of the inhabitants of this
city, as not to be in the least apprehensive that they will
either desert the ordinances of the Gospel, or make any
abatement of their charity to the poor.

O. — We must be permitted to call a measure arbitrary^
which was altogether unprecedented, which stripped several
respectable bodies of the privileges of which they had been
possessed for time immemorial, without once calhng or
hearing them, and could be attended -with no earthly ad-
vantage to the community ; on the contrary, must have the
most disagreeable consequences, as it is notoriously contrary

* This refers to an attempt made in 1760, to impose a tax for
supplying the city with water.

276 ANNALS OF THE ASSEMBLY. [[1764.

to the practice approved of by the experience of ages, and
the bulk of the sober and intelhgent persons in the city.

O. — When the minutes of Dec. 1 were read on the 8th,
concluding with an appointment on the Lord Provost to
transmit the presentation to Mr Drysdale for his acceptance,
JMessrs Walker and Stuart asserted, that no such appoint-
ment had been given or proposed ; adding, that they had
seen the minutes in the afternoon of the 3d, and that no
such appointment was then engrossed.

C. — This appointment was not taken down in writing in
the scroll-book on the 1st of December, but was added on
the Friday evening foUomug, in the council-chamber, by
Mr Williamson, who acted as clerk, on his having the omis-
sion pointed out to him by a deputy-clerk, and his recol-
lecting that such appointment had actually been made. Ar-
tifice would have been much misapplied in this case, because
the signing the presentation implied an authority for every
other step necessary to carry it into execution ; and the
council would certainly have approved of the Lord Provost's
conduct in transmitting it to the presentee, although an ap-
pointment had neither been made, nor mentioned in the
minute, in the same manner as they would have approved
of his transmitting a bond, or any other deed, that had been
signed in the usual form.

O. — The general sessions think it their duty to testify'
their disapprobation, in the strongest manner, of a measure
[[that of presenting a minister,] so new and precipitate, so
unreasonable in itself, and injurious to them ; which over-
turns the method of election that has been uniformly fol-
lowed for a long course of j^ears, and which may be accom-
panied with the most deplorable effects with regard to the
interests of religion in the city ; and they would fain hope
the magistrates and council will reconsider the matter. They
appoint an extract of this their unanimous resolution to be
transmitted to the council. A motion was then made, that
extracts of the resolution should also be transmitted to the
merchant company, and the several incorporations of the
city ; which, upon the question put. Agree or Not ? cari'ied
Agree, by a great majority. From which appointment Drs
Wishart, Jardine, Blair, and Robertson, ministers, and the
Rev. Dr Matthew Stewart, the Rev. Mr Adam Ferguson,
Mr Joseph WilHamson, and Mr John Campbell, elders, en-
tered a dissent.

1764.] CASE OF LADY YESTEr's CHURCH. 277

C. — The council are undoubted patrons. They have, it
is true, for many years past, allowed the ministers and elders
to vote along With, them in calling and electing ministers ;
and while that indulgence was used with moderation, it did
not occur that any bad consequence could follow upon it ;
but being informed, that on Dr Hyndman's death, parties
were forming, in order to disappoint the council of the choice
of his successor, which might have been productive of un-
usual heats and animosities, they could not avoid conclud-
ing, that the exercise of the right of patronage was not only-
proper in itself, but highly expedient at this time.

O. — As the right of patronage hath not been brought into
dispute, the general sessions are surprised to find the pre-
servation of that right alleged by the coimcil as the reason
of their late act of presentation, while they do not pretend
that they were in danger of losing their right, or that they
could not secure it by a less offensive method. . . , The ge-
neral sessions, who are unacquainted with any means, either
unlawful or unusual, employed towards forming parties on
Dr Hyndman's death, admit, that the fear of disappointment
in the election of a minister, was the chief motive that in-
duced the council to exercise the right of patronage, but are
at a loss to discover what public interest, either civil or re-
ligious, would have been endangered by this disappointment.
As little can they comprehend what pecidiar title the pre-
sent council enjoy, beyond all their predecessors since the
Revolution, to have their pleasure submitted to in the elec-
tion of a minister. Is the right of patronage more valid in
their hands, than it hath been in the hands of their prede-
cessors for fifty years past ? Are the present magistrates
and councillors who adopted the measm-e complained of, so
much distinguished by superior abilities and virtues from all
who have held the same station before them, as to render a
difference of opinion from them in the choice of a minister
inexcusable and contemptible ? Although the public should
be disposed to pay them this compliment, the sessions are
persuaded that the modesty of the council w^ould decline
accepting it. The present council had a good example of
moderation set them in the conduct of their predecessors,
who, in the election of a minister, chose to act upon a level
with the members of the general sessions, claiming no other
pre-eminence than what arose from the respect and confi-
dence of their fellow-citizens, nor calling to their aid the

278 ANNALS OF THE ASSEMBLY. []1764.

rigour of a grievous law, and the heavy hand of power, in
order to conceal the low state of their own influence, and to
supply the want of that natural authority which is the usual
attendant of wisdom and integrity. The reason of expe-
diency alleged for presenting a minister, " in order to pre-
vent unusual heats and animosities ! " would have occurred
to no body of men within the city but the council. Any
other society, who had published their opinion upon this
subject with candour, would have foretold a presentation to
be a fruitful source of the most violent animosities ; such a
practice being universally odious to the inhabitants, and
contrary to their ancient and most respectable usages.

C. — The act of the general sessions is conceived in terms,
importing, that the indulgence formerly shown is not now
claimed as a favour, but demanded in point '.^f right. At
the very time they voted their application to the council,
they agreed, without waiting to see in what manner it would
be received, or what effect it would produce, to transmit
minutes of their proceedings to the merchant company and
the several incoi-porations ; thereby plainly indicating, that
they meant to extort a compliance ^dth their request by ir-
regular means, rather than to obtain it by way of favour.

O. — Had the ministers and elders been assertinar a right,
they would have acted as a party-litigant against the coun-
cil ; instead of a request, would have sent them a summons ;
but their application has been by remonstrance and entreaty.
If the sessions have not relied so much upon the equity and
impartiality of the council, as to neglect all other means of
relief, the council cannot be unacquainted Avith the gToimds
of this diffidence. The irregular steps by which the act of
presentation was completed, the dark machinations and un-
seemly circumstances which, according to our information,
accompanied this whole transaction, had diminished that
confidence which the council might otherwise have thought
themselves entitled to from the sessions. For this reason,
they communicated their sentiments, in the most regular
and decent maimer, to the societies whose representatives
make a great part of the council, that the application of the
sessions to the council might be aided by the more powerful
interposition of these societies.

C. — The publication * and transmission of this resolution

* The act of the general sessions Avas published immediately after
it was passed.

1704.] CASE OF LADY YESTER's CHURCH. 279

seems to have been contrived with an intention to aHenate
the minds of the inhabitants from those who have the ad-
ministration of the city.

O. — An insinuation of this kind against such a body as
the general sessions, is not Ukely to gain credit at any pe-
riod, unless when it shall generally be beheved, that the
council have, by a violent, oppressive, and interested con-
duct, forfeited the esteem, and merited the resentment of
their fellow-citizens ; a supposition which the sessions are
not disposed to apply to the present council, and which, no
doubt, they would think highly injurious.

C. — Were matters entire, this act of the general sessions,
so framed and published, would have laid the coimcil under
a necessity of exercising the right of patronage vested in them
by law ; and as the presentation, and letter of acceptance,
are lodged in the hands of the moderator of the Presbytery,
a jus qucEsitum is thereby acquired to the presentee, which
puts it out of the power of the council to recall what is past ;
and therefore, they would fain hope the ministers and elders
will, upon cool recollection, do every thing in their power
to promote peace and harmony in the city, by cordially con-
curring with the choice made by the magistrates and coun-
cil.

O. — If this jus quissitum means a right to the vacant
benefice, it is not easy to conceive how this right can be ac-
quired by a presentee who hath a pastoral charge, and pos-
sesseth a benefice in the church, till he be removed from his
present charge, and admitted a minister of this city. If the
jus qu(Bsitum imports the right of a presentee to insist be-
fore the ecclesiastical courts, independent of his patron, in
a process for obtaining a translation, the sessions freely ad-
mit, that the exercise of it would make a becoming coun-
terpart to the act of presentation by the present council, as
neither the one nor the other of these odious practices will
find a parallel in the history of our Church, since the glo-
rious era when we were blessed by Pro\4dence with the
complete establishment of our civil and religious liberties.
The sessions, in their present capacity, cannot mth propriety
either concur ^vith or oppose the choice made, as they are
neither judges nor parties in this affair ; but will most cor-
dially comply with the view of the magistrates and council
for promoting peace and harmony in the city, and Avill more-
over use their best endeavours to advance (what they hope

280 ANNALS OF THE ASSEMBLY. Q764.

the coifncil have equally at heart) a regard to justice, fidelity
and truth, without which no solid peace and harmony can
subsist in any society. The general sessions beg leave to
entreat the magistrates and council to consider seriously the
unhappy consequences that may be apprehended, if they
should persist in the measure they have lately adopted, and
to proceed no farther in a design which may long prove fatal
to the peace of the city ; and they are persuaded the council
may yet find a remedy for what is past, if they employ their
own prudence to search for it. If these entreaties should
prove ineffectual, nothing remains for the general sessions
but ardently to ^Wsh, that this unhappy contention may be
brought to a speedy and good issue ; and their firm resolu-
tion is, that in whatever capacity they may be obliged to act
in the progress of this affair, their conduct shall be entirely
regulated by a regard to the interests of our holy religion, to
the laws of our country, to the rules of the Church, and to
the real welfare of the city of Edinburgh. . . . The replies
for the general sessions were, upon the question put, approved
of by a great majority; but the six rev. gentlemen who for-
merly dissented, entered a second dissent now.

The validity of this presentation, and the right of the
council to present ministers, were challenged, both in a sus-
pension and in a reduction and declarator, (the summons
dated Dec. 22, 1762,) brought before the Court of Session,
at the instance of the six protesters before mentioned, and
James Somerville, deacon of the bonnetmakers, against the
other twenty-six members of council, concluding to have
the presentation, with the acts and minutes of council rela-
tive to it, of the 1st, 8th, and 15th of Dec. 1762, reduced,
on the following allegations : — 1. That the council have only
a joint right with the ministers and elders to call and settle
ministers in the city. 2. That the said acts of council were
irregular and illegal ; and concluding also to have it found
and declared, that the right of calling and settling ministers
is in the council, ministers and elders, jointly. The result
of these processes was, that the Court of Session found, Feb.
18, 1763, " That the magistrates and town-council of Edin-
burgh have the sole privilege, exclusive of, and without con-
sulting the ministers and kirk-sessions, of presenting ministers
to all the vacant churches ^vithin the city, and therefore re^
pelled the reasons of reduction and suspension, and assoilzied

1764.] CASE OF LADY YESTER's CHURCH. 281

the defenders in the reduction with respect to that point ; "
and with respect to the rest of the cause, the Court, July 15,
176*3, " repelled the reasons of suspension and reduction of
the presentation granted to Mr Drysdale ; found the letters
orderly proceeded, and assoilzied the defenders from the re-
duction and declarator, and declared thera quit thereof and
free therefi'om in all time coming." On an appeal, these
judgments Avere affirmed by the House of Lords, March 13,
1764.

Resolutions to oppose the settlement were early entered
into, and published in the ncAvspapers, by the merchant com-
pany, and by all the incorporations, two excepted, the sur-
geons and waulkers ; and the prosecution of it was delayed
by the church courts during the dependence of the civil ac-
tions. After the appeal was dismissed, a new objection was
made to the presentation, that the city's seal was not affixed
to it ; on which a new reduction having been raised, a pro-
test was entered in the Presbytery, March 28, 1764, in the
name of Mr Lindsay, present convener of the trades, on this
new objection ; which was adhered to by other three mem-
bers of the present council, and by the merchant company
and the incorporations. It became a question, "WHiether
such of the merchant company or incorporations, or of Lady
Yester's kirk-session, who had given in a petition in favour
of the presentee, as were members of Presbytery, should
be deemed parties ? They all, however, voted mider pro-
tests. Upon the question put. Appoint a limited moderation
to ]\Ir Drysdale ? or. Refer the cause simplicitev to the Sy-
nod ? it carried Refer, by the moderator's casting vote. An
appeal was entered by the council from this sentence.

The Synod, which met May 1, found, by a narrow ma-
jority, that the members of the merchant company and in-
corporations were parties, by which three members in the
opposition were excluded ; they found also, that the elder
from Lady Yester's kirk-session, who was a friend of the
presentee, was a party. The determination of the Synod
was. That the Presbytery should be appointed to meet on
the 17ih with the magistrates and to-wn-council, the minis-
ters and elders, being the usual callers of ministers to the
city ; then to moderate in a call to Mr Drysdale alone, and
to supervise the signing of it by the magistrates and council,

282

ANNALS OF THE ASSEMBLY. [l76'4.

ministers and elders, or such of them as should signify their
concurrence ; the sentence to he communicated to the council
by the Lord Provost, and to the general sessions by the oldest
minister of the city. Against which an appeal was entered
for the gentlemen in the opposition.

Dr George Wishart, who was the oldest minister in the
city, instead of convening the general sessions, to make the
aforementioned communication to them, sent a copy of the
Synod's sentence to each of the ministers and elders, (the only
persons who claim a vote along with the council in the mo-
deration of calls to ministers,) subjoining to it, in the way
of a letter, that the above sentence of the Synod was, in obe-
dience to their order, intimated to them by him ; but he sent
no intimation to the deacons, who are indeed members of the
general sessions, but have no vote in the moderation of calls.
When the Presbytery met on the 17th, Mr John Forrest,
merchant, one of the elders, gave in a representation against
Mr Drysdale's settlement by a presentation, and protested
against the Presbytery's moderating in a call to him alone ;
to which protest several elders and ten members of council
adhered. Another representation was given in, signed by
thirty-two session deacons, complaining that the S\Tiod's
sentence had not been intimated to them. The first ques-
tion put in the Presbytery was. Whether the ministers of
Edinburgh, and their elders, members of Presbytery, parti-
cularly four elders whom the S}Tiod had declared parties,
should be judges in the affair ? The persons whose right
was the subject of the question, were themselves allowed to
vote, (as they had done in the Synod,) and it carried here
by their own votes that tliey were not parties. It was then
moved to find. That the Spiod's order had not been obeyed,
(because Dr Wishart had not communicated the sentence
to the general sessions,) or to put the question, Obeyed^ or
Not ? Others moved, that the question should be. Whether
the intimation of the sentence of the Synod by Dr Wishart
to the ministers and elders of Edinburgh, in the manner
above represented, was a sufficient intimation of the sentence
to them, or Not ? On this the previous question was put,
and carried for the first state of the vote. Then the Pres-
bytery found, without a vote, a division not having been
insisted upon, that the Synod's sentence had not been obeyed.
This led to the final question, viz.. Proceed to the moder-
ation of a call to the presentee alone ; or. Delay till the

1764.] CASE OF LADY YESTER's CHURCH. 283

several appeals taken from the sentences of the Synod shall
be discussed by the Assembly ? Dr Robertson protested,
that the putting this question was incompetent, and an act
of disobedience to the Synod's sentence ; but it was put, and
it carried, by a single vote. Delay. Against which protests
were taken, and appeals entered. Provost Drummond pro-
tested. That as the Presbytery had refused to supervise the
subscribing of the call, it should be lawful to subscribe it in
presence of two notaries, before witnesses, as is usually done
in cases of this kind. Accordingly the call was so signed
by twenty-three of the magistracy and council, twenty elders,
and seven ministers of the city, making in all three of a ma-
jority of the ordinary callers, whose full number (there being
now two minister's charges vacant,) was 101, of whom four
being members of the council and also elders, the number
of callers was thereby reduced to 97. In this shape the
affair came before the Assembly.

It employed that venerable court two days (May 29 and
30,) and both long sederunts. The points chiefly insisted
on in the Cases were : — 1. The exclusion of three members
by the S^Tiod. 2. The not afl&xing the city's seal to the
presentation ; and, 3. The not communicating the Synod's
sentence to the general sessions. The Assembly went first
on the appeal from the sentence of the Synod ; and it being
moved to put the question, AVhether the dissenters from that
sentence should be heard, or Not ? the consideration of it
was reserved till the parties should be heard ; and parties
having been fully heard, as the Assembly were about to re-
sume the question, one of the dissenters, in name of the rest,
declined speaking as dissenters ; but craved, as members of
the Presbytery of Edinburgh, that the Assembly, before
giving judgment on the Synod's conduct, would hear parties
concerned in a question relating to the conduct of the Pres-
bytery of Edinburgh, in consequence of that of the Synod,
as the one, they believed, would throw some light on the
other. After reasoning, the Assembly agreed to put the ques-
tion, Proceed to give judgment on the conduct of the Synod
of Lothian and Tweeddale, before they hear parties on the
conduct of the Presbytery of Edinburgh, or Not ? and it
was agreed, that if it carried Ao^, it should be understood,
that because of the connection between the sentence of the
Synod and that of the Presbytery, the Assembly should hear

284 ANNALS OF THE ASSEMBLY. [1764.

parties in tlie appeal from the Presbytery before giving judg-
ment in the appeal from the Synod. It earned, by a great
majority, Proceed. So the Assembly resolved to give judg-
ment on the conduct of the Synod before entering on the
other part of the cause ; and then adjourned.

Next day, after reasoning, the question was put. Affirm
the sentences of the S}Tiod in all points, or Not ? and car-
ried Affirm., by a great majority. The points affirmed were.
The Synod's finding, that certain members of the merchant
company and incorporations, who were also members of the
Synod, ought not to judge in the cause, but were to be
deemed parties ; and their appointing a moderation of a call
to Mr John Drysdale, the presentee, alone, in the manner
expressed in their sentence.

Then the Assembly took into consideration the appeal
from the sentences of the Presbytery, by the patrons and the
callers of Mr Drysdale. Papers being read, and parties heard,
there was produced the aforementioned call to Mr Drysdale,
by a majority of the conjunct body of the usual callers, viz.,
the provost, magistrates, town-council, ministers, and elders
of Edinburgh, signed by them in presence of two notaries-
public, attesting their subscriptions ; which was read, and
one of the callers heard. Then a motion was made, that
the Assembly should come to the following resolutions, viz.,
"' The General Assembly find, that the ministers of Edin-
burgh, and the elders chosen by the respective sessions there
to represent them in Presbytery, being part of the usual body
of callers of ministers to the city, and having been summoned
by order of the Synod to attend the meeting of Presbytery
on the 1 7th of May in that capacity, ought not to have been
admitted by the Presbytery to judge, and to vote, in any of
the questions relative to the moderation of a call, in which
they were to act as parties, and therefore reverse the sentence
of the Presbytery \>ath regard to them ; and appoint, that
they shall not judge in any subsequent question in the Pres-
bytery concerning this cause : Find,, That sufficient inti-
mation of the sentence of the S3mod of Lothian and Tweed-
dale, appointing a moderation to the presentee alone on the
17th of May, had been made to all parties who had any in-
terest in the moderation, or who had any right to appear
and to vote there ; and that therefore, it was incompetent
and irregular in the Presbytery to state a vote, Whether
they should p7'oceed or not to ohei/ the appointment of their

1764.] CASE OP LADY YESTER's CHURCH. 28.5

superiors ? Finely That the call to Mr Drysdale produced
in the General Assembly, is sufficient evidence of the con-
currence of a majority of the usual callers to his settlement ;
and the General Assembly did, and hereby do, sustain the
same ; and appoint the Presbytery of Edinburgh to meet in
the Old Church aisle on Friday next, at iew o'clock in the
forenoon, and then and there to appoint commissioners, who,
in their name, shall lay the said presentation and call before
the Presbytery of Linlithgow at their first meeting; and they
further appoint the Presbytery of Edinburgh to report, on
the said day, being Friday next, their obedience to the Ge-
neral Assembly, in nominating commissioners, as aforesaid,
and that these commissioners shall prosecute the translation
of Mr Drysdale from Kirkliston to Edinburgh ; and upon a
sentence of translation being passed by the Presb}i:ery of Lin-
lithgow, appoint the Presbytery of Edinburgh to proceed to
the admission of Mr Drysdale to Edinburgh with all conve-
nient speed, according to the rules of the Church ; and fur-
ther, appoint the said Presbytery to report their diligence
herein to the Commission of this Assembly, at their meeting
in August next ; and empower the said Commission, at that
or any of its subsequent diets, to receive any reference or
appeal that may be made to them concerning this cause, and
to judge and finally determine therein." After hearing the
above motion, the question was put. Agree to the same in
all its parts^ or Not F and the rolls being called, and votes
marked, it carried, by a great majority, Agree ; and there-
fore, the General Assembly did find and ordain accord-
ingly.*

* In obedience to this order, the Presbytery of Edinburgh met
on the 1st of .June, and appointed Dr Gilbert Hamilton, and Messrs
Warden, Craig, Stewart, and James Robertson, ministers, and Mr
John Robertson, elder, as their commissioner;?, or any one of them,
to prosecute the call before the Presbytery of Linlithgow, or any
other church judicature ; and reported their having done so to the
Assembly.

It may be observed on this contest, that the exercise of the right
of patronage was disapproved of by the general sessions unanimously ;
that no exception, however, ever was made to the presentee ; that,
on the contrary, a petition was presented to the Presbytery in his
behalf by the session of the parish of which he was to be the pastor,
(in which they declared that he was extremely agreeable to them,
and they were persuaded he would be very acceptable to the con-
gregation ; ) that his call was unexceptionable, even supposing the

286 ANNALS OF THE ASSEMBLY. [176 4.

On the 31st, the Assembly took into consideration an ap-
peal taken by five of the kirk-sessions of Glasgow^ from a
sentence of the Synod of Glasgow and Ayr, concerning a
presentation granted by the magistrates and council of that

presentation not to be in the field, he having a majority of three
for him of those who were admitted by the gentlemen in the oppo-
sition to be the usual callers. The ministers of Edinburgh were
equally divided on the question, — Drs Wishart, Cuming, Wallace,
Jardine, Kay, Blair, and Robertson, being for the settlement ; and
Doctors and Messrs Webster, Glen, Walker, Dick, Macqueen,
Lundie, and Erskine, against it. The next vacancy which occurred
in Edinburgh was occasioned by the death oiDr George Kay of the
Old Greyfriars' Church, on the 10th April 1766. But the town-
council, with a view to effect a harmonious settlement, prudently
waived their prerogative. The following address of the merchant
company to the Lord Provost, Magistrates and Council, was agreed
to on the 20th, and presented on the 22d of October 1766, viz. : —

" We beg leave to testify, in the most respectful manner, the
just sense we have of the wisdom and moderation of the honourable
council, in permitting the legal term to elapse for presenting a mi-
nister to one of the vacant churches in this city.

*' When the exercise of the right of patronage, which, from the
happy era of British liberty, had been suffered to lie dormant, was
for the first time reassunied by a former council, our duty to the
public, as a corporate society, then moved us to remonstrate against
an act of administration which had no precedent but in the worst of
times, and which, in our apprehension, would be attended with many
disagreeable consequences.

" It now gives us the greatest pleasure to express our gratitude
to the present and immediately preceding coimcil, for returning to
those milder and more approved measures of government, which, by
securing the confidence of their fellow-citizens, lay the firmest foun-
dation for that cordial respect, upon which the true dignity of the
governors, and the peace and good order of the governed, do so
necessarily depend.

" Permit us therefore to assure you, that this early and obliging
discovery of your intention to give place to the ancient and most
agreeable mode of electing ministers to this city, is greatly relished
by the true friends of our happy constitution, and leaves no room to
doubt, that the whole of your future administration will be equally
honourable to yourselves, and beneficial to the community over
which you preside."

An address of thanks from the incorporation of goldsmiths like-
wise was presented to the town-council on this occasion.

For supplying the vacancy, leets were laid before the Presbytery
from the several kirk-sessions of the city, on the 26th of November.
The Presbytery appointed Friday the 28th for the moderation in a
call ; and they ordered the thanks of the Presbytery to be given to

1764.] CASE OF THE WYND CHURCH, GLASGOW. 287

city to Mr George Bannatync, minister of Craigie^ to be
one of the ministers of Glasgotv, and of the W}Tid Church
there ; by which sentence the Synod had reversed a sentence
of the Presbytery of Glasgow, and sustained the presenta-

the town-council for the tender regard they had sho\vn for a peace-
able and harmonious settlement. Accordingly, on the 28th, the
magistrates, town-council, ministers, and elders, met, and unani-
mously made choice of Mr James Brown, minister of Melross, to be
one of the ministers of the city.

On the 2d of December, the general sessions unanimously agreed
that the following address should be presented : —

" Unto the Right Hon. the Lord Provost, Magistrates, and Council
of the City of Edinburgh ;

" We, the ministers, ciders, and deacons of the city of Edinburgh,
presently assembled in a general meeting of sessions, think it our
duty to express, with becoming gratitude, the just sense -we have of
your mild and prudent administration Avith regard to the ecclesias-
tical concerns of the community.

" The free election of a minister for supplying one of the churches
under your patronage, from lists made up by the several sessions,
according to the ancient usage, which issued in a call voted and
signed with perfect unanimity upon Friday last, and your allowing
the legal term to expire for presenting to the other vacant charge,
are events that cannot fail to give us the siucerest joy.

" We are fully persuaded, that such indulgent attention to the
general voice of your fellow- citizens, in a matter with which their
spiritual interests are so intimately connected, will naturally be pro-
ductive of peace and good order, and cherish that cordial esteem of
your wisdom and equity, and that entire confidence in the kindness
and purity of your intentions, which are the most effectual principles
of dutiful respect on their part, as well as the most permanent foun-
dation of that authority and influence which belong to the office of
magistracy.

" We reckon ourselves peculiarly honoured by the obliging proof
you have given of your regard to us, in restoring thus far an impor-
tant privilege, which we and our predecesfsors have uniformly en-
joyed, from the full establishment of our civil and religious liberties
at the glorious Revolution, downwards to the year 1762; and it
shall be our constant care, both as office-bearers and citizens, to
conduct ourselves by the same wisdom and moderation which we so
justly applaud in you: the happy effects whereof are sensibly felt,
and gratefully relished, by the great body of inhabitants, to whom,
as members of the Established Church, we, in our respective sta-
tions, are more immediately related.

" By appointment of the general sessions, in their presence and
name, by

'* Daniel Macqueen, Moderator."

288 ANNALS OF THE ASSEMBLY. [^1764.

tion. After reading papers, heai-ing parties, and long rea-
soning, it was moved, That the question should be put.
Affirm or Reverse the sentence of the Synod ? But another
motion being made. That the determining of this affair
should be delayed till the validity of the presentation should
be ascertained in a civil court ; and that the state of the
question should be. Proceed or Delaij 9 it was agreed to
put the previous question. First or Second state of the vote ?
and it carried, by a great majority, the First. Then the
Assembly, without a vote, affirmed the sentence of the Sy-
nod, and sustained the presentation. To which judgment,
on report of a committee, June 1, there was added as fol-
lows : — ■" In respect of the particular circumstances of this
case, find. That the presentation given by the magistrates
and town-comicil of Glasgow, joined with the petition of
those who had rented seats in the AV\Tid Church, are suffi-
cient to found a process of translation before the Presbytery
of Ayr, in order to have Mr Bannatyne removed from his
present charge to the said Wynd Church ; and therefore,
the Assembly appoint the Presbytery of Glasgow to meet on
Wednesday, the 20th of June current, and at that meeting,
without farther delay, to name commissioners to prosecute
Mr Bannatyne's translation, in order to his being settled
minister of said W}Tid Church, with all convenient speed :
And in case any question shall arise with regard to the said
translation, they empower the Commission to receive any
reference or appeal thereanent, and to judge and finally de-
termine therein : And they further appoint the Presbytery
of Glasgow to report their obedience to this injunction to
the Commission in August next."

A letter was given in to the Assembly, June 1, from the
corporation in the city of Philadelphia for the relief of poor
and distressed Presbyterian ministers, and of their widows
and cliildren, in Pennsylvania^ &c., dated at Philadelphia,
Feb. 10, 1763, thanking the Assembly for the charitable
donation of i^l284 : 4 : lid. Sterling, transmitted to them
at sundry times for the above purpose, in consequence of
the application made to the Assembly 1760. Which letter
was read, and ordered to be recorded.

A minister who lived at a distance from Edinburgh, and
had but a small stipend, having been appointed to succeed
Mr Haig as minister of the Castle of Edinburgh, divine ser-

1704.] CASE OF KILMARNOCK. 289

vice was not now performed there regularly. This moved
the Presbytery of Haddington to overture, concerning that
ministerial charge, " That the Assembly should make a re-
presentation to his Majesty's secretary of state for the north-
em department, of the circumstances of the inhabitants of
the said garrison, as totally destitute of the benefits of pub-
lic worship in the church there, by reason of the want of a
fixed minister of the Gospel residing in the Castle, a privi-
lege they have enjoyed ever since the happy Revolution."
The opinion of the committee of overtures on this was,
'" That whereas the said alleged ministerial charge appears
to be constituted merely by a commission in common form,
from the secretary at war's office, to one to be chaplain to a
company of foot in the said Castle, and who is consequently
subject, as such, not to the judicatures of this Church, but
to the war department ; and finding also, that the last Ge-
neral Assembly thought meet to dismiss a similar overture
[[concerning ia. plurality of henejices^ that came before them
from the Synod of Perth and Stirling ; therefore, the present
General Assembly should dismiss the said overture from the
Presbytery of Haddington, withal declaring, that they judge
the proposal therein contained to be altogether improper and
inexpedient, to be followed out and carried into execution
by the judicatures of this Church." After reasoning, the
question was put in the Assembly, Approve of the opinion
of the committee, or Not ? and carried Approve, by a great
majority ; therefore the Assembly dismissed the overture.

An appeal of the Right Hon. William, Earl of Glencaim,
patron of the parish of Kilmarnock, and certain heritors,
elders, and heads of families, from a sentence of the Presby-
tery of Irvine, to the Synod of Glasgow and Ayr, refusing to
transport Mr WiUiam Lindsay, minister of the parish of
Cumbray, from said parish, to the second minister s charge of
Kilmarnock, and the said Synod of Glasgow and A}t s re-
ference to this Assembly, heard. — The General Assembly
reversed the sentence of the Presbytery of Irvine, sustained
the reasons for the transportation of Mr Lindsay from Cum-
bray to the parish of Kilmarnock ; and accordingly trans-
ported the said Mr Lindsay from Cumbray to Kilmarnock,
and appointed the Presbytery of Irvine to admit ]\[r Lind-
say minister of Kilmarnock betwixt and the 17th day of
July, and to report their having done so to the Commission,

Bb

290 ANNALS OF THE ASSEMBLY. fl7b'4.

who are empowered finally to determine any question re-
lating to this settlement.*

Upon an overture from the Synod of Perth and Stirling,
concerning the proper i^cparation of churches^ and render-
ing them more commodious, a committee was appointed to
consider and prepare an overture thereanent ; as also to take
under their consideration a plan for manses, churches, and
schoolhouses, and to report to the Commission, or the next
Assembly.

A petition of the Society for Propagating Christian
Knowledge^ craving a collection to be made in such parishes
as had been hitherto deficient, granted.

An appeal of Alexander Earl of Galloway, and the other
tutors of his Grace George James Duke of Hamilton and
Brandon, patron of the parish of Shotts^ against a sentence
of the Presbytery of Hamilton, refusing to proceed to the
settlement of Mr Laurence Wells, presentee, and referring
the cause to the S3mod, and from a reference of the same
by the SjTiod to this Assembly, being heard, the General
Assembly sustained the presentation and call to Mr Laurence
Wells, and appointed the Presbytery of Hamilton to proceed
to his trials and settlement, as minister of the parish of Shotts,
with all convenient speed, according to the rules of the
Church, f

An overture from the Presbytery of Glasgow, concerning
the practice of admitting students as students of divinity,
while attending the study of philosophy, having been con-

* Mr Lindsay was ultimately settled, but not without violent
opposition. At the Ayr Circuit Court in October of this year,
Alexander Thomson, William Wylie, James Crawfurd, John Hill,
Adam White, David Dunlop, William Nimrao, William Davies or
Davidson, Hugh Thomson alias Bulloch, and Robert Creelman,
tradesmen and journeymen in Kilmarnock, were tried for raising a
tumult in and about the church of Kilmarnock, at the settlement
of Mr Lindsay as minister of that parish. The jury acquitted the
last seven, but found the first three guilty ; who were thereupon
sentenced to be imprisoned a month, th^n to be whipped through
the streets of Ayr, and to find caution for their good behaviour for
a twelvemonth.

t In a pamphlet, entitled, " Considerations on the Riyht of Pa-
tronaye," which appeared in 1766, it is asserted, that " the strong
decisions in favour of patrons by the Assembly 1764, (in the cases
of Gla gow and Shotts,) were carried through by a majority of
H)inisters against the ruling elders." The case of Shotts will ap-
pear again in discussion.

IT 64..] MISCELLANEOUS BUSINESS. 201

sidered by the committee for orertures, they found the affair
of greater weight, and more involved in circumstances, than
to admit of their bringing in at present a proper overture
upon the subject, but that the professors in the universities
had agreed to correspond on this matter, and endeavour to
prepare an overture to be laid before next Assembly ; the
same was accordingly delayed.

The committee appointed for considering the overture
concerning the reparation of churches, &c., appointed to
consider a proposal for applying his Majesty's bounty to the
purpose of new erections of parishes, and to report to the
next General Assembly.

All future applications for a share of the Royal Bounty^
appointed to lie on the table for the space of two months.

The case of the second charge of Kirkaldy referred to a
committee, to report to next Assembly.

The. procurator and agent for the Church authorised to
prosecute the executors of the deceased William Ross, for
recovery of the money collected for the education of the
students ha%nng the GaHic language^ or to transact that
matter -with the said William Ross's executors, by the ad-
vice and direction of a committee named for that purpose ;
and they are appointed to correspond with the committees
at Edinburgh and Glasgow, appointed by former Assemblies
for the management and application of the money collected
for the purpose above mentioned. — A recommendation to
the parishes that have not made the above collection, to do
it without delay, and the several S}Tiods appointed to re-
port to the next Assembly such parishes as shall still be
deficient.

Upon a petition from Mr Kenneth Morison, student of
divinity, having the Gaelic language^ craving payment of
£30 Sterling money, as two years' fees allotted him as bursar
for the Presbytery of Le-wHs, to enable him to prosecute his
studies, the General Assembly ordered payment to the said
Mr Kenneth Morison out of the public fund of the Church,
and also others in the Hke situation to have what is due to
them of their bursary^, paid out of the said fund, upon his
and their granting to the procurator, assignations of their
claim upon the fund raised by the collections for the edu-
cating of students having the Gaelic language.

The committee on the window-tax renewed, with the same
powers as formerly ; and in case any minister should find

292 ANNALS OP THE ASSEMBLY. [1764,

himself distressed, the moderator of the committee is em-
powered, upon notice given him, to call a meeting of the
committee to give him advice.
The Assembly rose June 4.

The Commission sat the 5th and 6tli of June. The first
cause brought before them was ti reference from the Synod
of Glasgow and Ayr, respecting Mr Alexander Simson.
This gentleman wrote a letter to the Presbytery of Paisley
in August last, in which he declared his resolution of ac-
cepting a call from the parish of Bothwell, that parish not
being able to reconcile their minds to the minister lately
settled among them by a presentation, having resolved to
call a minister on their own charges, with the assistance and
countenance of the Presbytery generally known by the name
of The Presbyterif of Relief; and craving an extract of his
license, and certificates of his moral character. Instead of
complying with Mr Simson's request, the Presbytery framed
a libel, accusing him of schismatical and disorderly courses,
in having, on the 27th of October 17G3, received ordination
from Mr Thomas Gillespie, late minister of Camock, now
under sentence of deposition, and others, assuming to them-
selves the name of Ministers of the Preshyterif of Relief ;
in having thereafter entered on the exercise of the ministry,
and continuing it, in the parish of Bothwell, ^vithout con-
sent of the incumbent ; and in having since administered
the sacrament of baptism in the High Church of Paisley,
and the sacrament of the Lord's Supper in the College Church
of Glasgow. The libel was read to Mr Simson in Presbytery
Jan. 18, 1764 ; he was heard in his own defence; and on
the question put, it carried, that he should be served witli
it. This being intimated to him, he said, that he desired
no time to make answers, nor would he give the Presbytery
any trouble in proving it, acknowledging his having been
ordained by the Presbytery of Relief, and all the other facts
charged ; but alleged, that neither he, nor the Presbytery of
Relief, taught any separating principles ; that he was af-
fording a temporary relief to a part of the parish of Both-
well, who were still desirous to continue on the Establish-
ment, and that he apprehended he was doing a service to
the Establishment ; he consented that the Presbytery should
proceed immediately to give a decision, adding, that he very
much desired to continue on the EstabHshment, and that he

1764.] CASE OF MR SIMSON, PROBATIONER. 293

did not think he had done any thing to prevent it. At the
next meeting of Presbytery, March 28, Mr Sirason having
been asked if he had any thing further to say, declared he
had not. Then, upon the question put, Whether to pro-
ceed to a decision, or Refer to the Synod ? it carried Refer.
Upon another question, it carried, to adject to the reference,
as the opinion of the Presbytery, that the judgment of the
Assembly should be had on the affair ; and upon a third
question, it carried, that in case the Synod should neglect to
take in the affair, or should not refer it to the Assembly, the
Presbytery should appeal.

Mr Simson appeared before the Commission. The afore-
mentioned proceedings were read ; and he was heard in his
own defence. He objected to the Presbytery of Paisley
being judges in the cause, particularly on account of the
clause adjected to their reference, and their directing an ap-
peal if it should not be complied with. The Commission
repelled this objection, and sustained the Presbytery of Pais-
ley as judges. After long reasoning, the Commission came
to the following resolution, without a vote : — " The Com-
mission having considered the libel exhibited against Mr
Alexander Simson by the Presbytery of Paisley, and his ac-
knowledgment of the facts therein charged against him, viz.,
his having received ordination from Mr Thomas Gillespie
and others, who take to themselves the name of The Pre^-
bf/tert/ of Relief and bis exercising the office of the ministry
within the parish of Bothwell, and dispensing sealing ordi-
nances in other places, upon the said ordination ; find his
conduct to be such as to be a sufficient ground of declaring,
and accordingly the Commission did, and hereby do, declare,
the said Mr Alexander Simson incapable of receiving a pre-
sentation or call, as a licentiate of this Church, to any of the
parishes within the same."

They next took into consideration an appeal by Mr Ro-
bert Caisson, minister at Anicoth, from a sentence of the
Synod of Galloway, deposing him for alleged fornication
with Grisel Macmaster, his servant-maid. Parties and
counsel were heard ; and after reasoning, a motion was
made, " To reverse the sentence of the Synod of Galloway ;
and in respect of some things appearing in Mr Carson's con-
duct which have given offence to the country wherein he
lives, that he be admonished at the bar, and exhorted to
behave for the future with more circumspection." But
B b 2

294? Annals OF THE ASSEMBLY. [|1764.

others being for affirming the sentence, the question was
put, AiJiviYi or Reverse ? it being understood, that if it
should carry Reverse, he should be admonished and ex-
horted as above. It carried Reverse, 47 to 30 ; and he was
accordingly admonished and exhorted by the moderator.*"

An appeal by Mr Thomas Lyell^ minister of Sandaij^
from a sentence of the Spiod of Orkney, was next taken
into consideration. After hearing parties, and reasoning,
the Commission, without a vote, found the procedure of the
Synod void and null, in respect of the irregularities of their
proceedings, and reversed a sentence of suspension for al-
leged fornication, passed upon Mr Lyell by the Presbytery
of North Isles, and a committee of correspondents from the
Synod ; reserving to that Presbytery to proceed, in what
concerns the conduct of ]\Ir Lyell, as they shall see cause,
according to the Form of Process, and standing rules of the
Church.

* The decision in this ease gave great and just offence (See p.

299.) In the " Letters concerning the Church of Scotland," which ap-
peared in the year 1767, we meet with the following passage : —
" Let those who charge the promoters of the late overture (con-
cerning the settling of parishes,) with sinister and ambitious views,
please to consider, that they never expressed any dissatisfaction with
him who took the lead in ecclesiastical affairs, till he and his friends
gave their countenance and aid to an old minister convicted of for-
nicalion, and of other most illicit and inhuman practices. Nor did
they exert themselves till the whole party employed all their powers
in subtle reasonings on terms of law unknown to ecclesiastical judges,
with a view to set aside the fullest proof by which another minister
was convicted of fornication, attended with circumstances of the
most barbarous cruelty, in the judgment of almost every one of the
judges, and actually got the notorious delinquent assoilzied. Let
the arbitrary execution of the patron's right be connected with the
arts of eluding processes against scandalous ministers, and any one
may judge of the condition to which the Church of Scotland must
be reduced, if a speedy check is not given to these measures. Take
into consideration the little progress that is made in convicting scan-
dalous ministers in different parts, and the unheard-of licentiousness
that prevails in some corners of the Church, through the counte-
nance given to every art of evasion, on the one hand, and the little
encouragement given the honest zeal of judicatories on the other,
and every one will determine for himself, whether it is at all im-
probable, that a body of ministers and lay elders should attempt a
change of measures, from a real concern for the interests of reli-
gion.

" I remember it was always a maxim in our church courts. That

i765.] WALKKU's REPORT ON TIIK HIGHLANDS. 2.0o

Assembly 1765.

The General Assembly met on the 23(1 of 3Iay. — .Mr
James Oswald, minister of Methren, Perthshire, was una-
nimously chosen moderator, and John, Earl of Glasgow, was
his Majesty's Commissioner.

It was resolved, on the 25th, to call, on Monday the 27th,
for the report of Mr John Walker, minister of Moffat, who
was appointed by the preceding Assembly to \'isit some parts
of the AVestern Highlands and Islands which had not been
visited by the commissioners appointed by the Assembly

we ought to proceed secundum allegata et probata ; that is, not by
suspicious conjectures, or even by the most certain information we
might have in private, but by that evidence which lay in the pro-
cess, subjected to the judgment of the court, and to the review of
superior judicatories, where that was competent; or to the whole
world, where it was not. If the cause of a certain delinquent had
been tried by these rules, he must have been condemned by a great
majority. It was pleaded before the Commission full seven hours,
and the sentence adjourned till next day ; at the rising of the .Com-
mission, after hearing the cause, and at sitting down next day, after
thinking upon it, I was persuaded, as many others were, that it was
impossible for him to escape. I3ut, to my great surprise, long,
learned, and laboured speeches were made, not only by the gentle-
men of the law, but by divines, founded on tlie nature of evidence,
of legal evidence, which had a tendency — nay, seemed contrived —
to weaken, and indeed to set aside the whole proof. A clergyman
of great eminence and perspicacity, who had made the nature of
evidence his study, stood up and said, that be was no civilian, there-
fore would not take upon him to fix the idea of legal evidence ; but
affirmed, and to the satisfaction of all present demonstrated, that we
had before us the strongest of all evidence, that, viz., which duly
attended to, must convey conviction to every judge of common un-
derstanding. This had effect, but not that which in reason and
justice might have been expected. Things do not make the same
impression at a distance as on the spot ; and therefore you cannot
form a just idea of the alarm given to the friends of religion and
virtue, by witnessing the absolution of a minister who had been
deposed by bis Presbytery and Synod, and convicted of fornication
in the judgment (I take upon me to say) of almost every member
of the Commission ; and all by the flimsy artifice, that though there
was a proof, there was a want of legal evidence — that is, of the
evidence which would be deemed legal by civilians, but of which
clergymen, and I presume country gentlemen, were either ignorant,
or had not that kuowledge which is necessary to found a sentence
of absolution or condemnation."

296 ANNALS OF THE ASSEMBLY. [_i7 65.

176*0. — ^The University of Glasgow had conferred the ho-
norary degree of Doctor in Medicine on this rev. gentleman
on the 28th of February.] Dr Walker s report was accord-
ingly produced on the 27th, and read ; a committee was
appointed to consider it, and the report of the former com-
missioners, and to prepare proper overtures upon them ; and
the Doctor received the thanks of the Assembly for his faith-
ful and diligent execution of the commission given him. . . .
This committee gave in to the Assembly, on the 1st of
June, —

Report of the Committee appointed hif the Assembly to
take under their consideration Dr Walker s report^ and
the former report^ together with the overture respecting
new erections in the Highlands.

The committee having considered the report, with the
various steps already taken for reforming and civilizing that
country, particularly the act of parliament vesting certain
estates in the Crown, and appointing, among other purposes,
thatxthe rents of these estates be applied towards ciidlizing
the inhabitants of the Highlands and Islands, promoting
among them the Protestant religion, good government, and
the principles of duty and loyalty to the king, do report as
follows : —

That his Majesty's Commissioner, at the desire of the
General Assembly 1762, laid before his Majesty a copy of
the report of the visitors of the Highlands, specif^dng the
number of new erections necessary, and the places where
they ought to be made ; and humbly submitting it to his
Majesty to make such alterations in the terms of the royal
grant of <£lOOO yearly, as might authorise the Assembl}^ to
apply that fund for the purpose of new erections.

That the report was graciously received, and his Majesty's
Commissioner to the General Assembly 1761 was particu-
larly directed by his JMajesty to acquaint the Assembly,
" I'hat his jNIajesty entirely approved of the zeal the As-
sembly had shown upon that occasion, for the better observ-
ance of religious duties in those parts of his dominions where
proper opportunities have hitherto been wanting for that
purpose; and that his Majesty, animated by sentiments of
the same true religion and piety, would not fail to show the
greatest attention to this object, and that the Assembly would

1765.] walker's REPORT ON THE! HIGHLANDS. 297

in due time be informed of such resolutions as his Majesty
mi^ht think proper to come to upon it."

The committee, therefore, humbly give it as their opinion
to the General Assembly, That missionaries are of advantage
for civiHzing and reforming the inhabitants of the Highlands
and Islands, and that the erection of new parishes will also
be attended with the most salutary effects ; but that the
sum of £1000 allowed annually by his Majesty's bounty, is
insufficient to answer these ends.

For these reasons, they are of opinion, that an address
should be presented to his Majesty, praying, that he would
be graciously pleased to order such assistance out of the rents
and produce of the annexed estates as he in his great wis-
dom may think proper, for accomplishing these valuable
purposes ; that, along with their address, a copy of Dr
TValker's report ought to be transmitted to his JNIajesty, and
that a committee should be appointed to correspond with
tlie commissioners of the annexed estates, in order to obtain
their concurrence.

This report was unanimously approved of by the Assem-
bly. A committee was accordingly appointed to draw up
an address to the King, and the same committee was ap-
pointed to correspond with the commissioners of the an-
nexed estates.

The address here follows : —

May it phase your Majesty^

We, your Majesty's most dutiful and loyal subjects, the
ministers and elders met in the National Assembly of the
Church of Scotland, humbly beg leave to approach your
throne in behalf of our fellow-subjects residing in the more
remote comers of this part of the united kingdom. With
the deepest concern, w^e behold many of them labouring
under gross ignorance, or deluded by dangerous errors, which
render them insensible to those blessings, religious and civil,
which the inhabitants of the other parts of your Majesty's
extensive dominions enjoy under your auspicious reign.

To communicate to the inhabitants of the Highlands and
Islands a more perfect knowledge of true religion, and to
inspire them with just sentiments concerning our happy con-
stitution, we have always considered as objects worthy of
our most serious attention ; and we are confident, that every
measure calculated for attaining such important ends, will

298 ANNALS OP THE ASSEMBLY. [l765.

not only merit your Majesty's approbation, but receive such
countenance from your royal authority, as may be necessary
towards carrying it into execution. Animated by these
hopes, the General Assembly of this Church held in the year
1761, thought it their duty to lay before your Majesty the
report of commissioners who had been appointed by the pre-
ceding General Assembly to visit the Highlands and Islands,
and to inquire into the state of religion in those parts ; and
at the same time they humbly suggested to your Majesty,
that if you should be pleased to continue the royal donation
which you have annually made to this Church, for refor-
mation of the Highlands and Islands, such alteration might
be made in the terms of the grant, as to permit a part of it
to be applied towards the erection of new parishes, with
fixed pastors in different parts of those countries, as the most
effectual method for instructing and reforming the people.

The gracious reception which your Majesty was pleased
to give to that application, hath encouraged us to lay before
you the report of a reverend minister, who, in obedience to
the appointment of last General Assembly, visited several
parts of the Highlands and Islands, the state of which the
former commissioners had no access to inspect. Although
we are fully satisfied, that the labours of the missionaries
and catechists, which your Majesty's royal bounty enables
us to employ in the Highlands and Islands, are attended
with good effects, we are persuaded, that the erecting of new
parishes in different parts of those countries would be pro-
ductive of more certain and permanent advantages ; but as
the sum granted annually to the Church does not enable us
to carry on both these plans in that vigorous manner with
which we would wish to prosecute your Majesty's pious in-
tentions, and promote the happiness of our fellow-subjects,
we, with all humility, suggest to your royal wisdom, that
some part of the rents and produce of those estates, which,
by a statute made in the 25th year of his late Majesty, were
annexed unalienably to the Crown, may be applied towards
erecting parishes in those places of the Highlands and Islands
where to your Majesty they shall appear to be most wanted.
By that statute, the rents and produce of these estates are
declared to be applicable to the pm-poses mentioned in it,
or " in such manner as his IVIajesty, his heirs or successors,
should, from time to time, by wari'ants under his or their
sign-manual, be pleased to direct, to the purposes of civil-

1765.] CASE OF CARSON OF ANWOTH. 290

izing the inhabitants of said estates, and other parts of the
Highlands and Island^ of Scotland, the promoting amongst
them the Protestant rehgion, good government, industry,
manufactures, and the principles of duty and loyalty to his
Majesty, his heirs and successors, and to no other use or
purpose whatsoever."

From our certain knowledge of the state of the Highlands
luid Islands, we beg leave to assure your Majesty, that the
application of some parts of the rents and produce of these
estates in the manner we have humbly proposed, will greatly
conduce to promote the salutary purposes which the Legis-
lature had in view ; and we have such confidence in your
Majesty's paternal tenderness towards all your people, that
we are persuaded it will appear to you an object highly
worthy of your royal consideration.

That it may please Almighty God long to continue the
blessing of your Majesty's reign, and that the principles of
true religion and virtue, with a firm attachment to our in-
valuable constitution, may, under your gracious government,
be diffused into every part of your extensive dominions, is
the earnest prayer of, &c.

John Oswald, Moderator.

On a reference from the Synod of Dumfries, the Assem-
bly, May 25, unanimously sustained a presentation and call
in favour of Mr Matthew Cleghom, minister of St Andrews
in Orkney, to be minister of Drysdale ; and appointed the
Presbytery of Lochmaben to proceed in his transportation
with all convenient speed.

Petitions were presented to the Assembly from the Synod
of Galloway, and from the parish of Anwoth, relating to
Mr Robert Carson^ minister of Anwoth., who was deposed
by the aforementioned Synod for alleged fornication with
his servant-maid, but restored to his office by the Commis-
sion in June 1 764. It was alleged in the petition for the
parish, that three letters produced for Mr Carson before the
Commission, and on which the sentence of that court was
founded, were forgeries ; and therefore it was prayed, that
the Assembly would appoint the Synod of Galloway, or the
Presbytery of Kirkcudbright, to serve Mr Carson with a
libel, on the above and other grounds of complaint against
him, and in the meantime indulge the petitioners with the
benefit of seahng ordinances without any application to Mr

300 ANNALS OF THE ASSEMBLY. [1765.

Carson for tliat end. The Assembly, May 28, found that
the petition from the Synod contained expressions indecent
and unbecoming, and was incompetent, and that the prayer
of the petition of the parish was incompetent in both parts,
and therefore they rejected both petitions.

On the 2.9th, the Assembly took into consideration a pe-
tition of Jfr Robert Park, minister of Old Monkland,
tabling an appeal from a sentence of the Presbytery of Ha-
milton.

The following detail is taken from the appellant's Case.
Mr Park married Mrs Margaret Robertson, a gentlewoman
of considerable fortune, and in every respect a suitable match
for him. He made his addresses to her in 1750, but some
of her connections used all their influence to his prejudice,
which, though unable to prevent, had the effect of retarding
the marriage. However, on the 7th of October 1752, they
entered into solemn matrimonial vows, and took one another
for husband and wife ; by which he and she then both un-
derstood, and he is now advised, that a marriage, irregular
indeed by reason of its privacy, but of unquestionable legal
validity, took place. He would have willingly soon declared
it, but Mrs Park Avas extremely desirous to have their mar-
riage publicly solemnized, and he yielded to her anxiety,
though it was delayed from time to time, for various rea-
sons. These facts are vouched by, and what happened af-
terwards is related in, the following declaration, signed some
short time before Mrs Park's death, which happened in April
1758:—

" We, Robert Park, minister at Old Monkland, and Mar-
garet Robertson, spouses, for divers causes moving us here-
unto, and particularly to enable the survivor of us to do
justice to Andrew Park, our son, have agreed to make the
following declaration, viz. :

" That upon the 7th day of October 1752, we made so-
lemn vows of marriage, and accepted each other as husband
and wife, intending the public solemnization of our marriage
soon. This Mr Park pressed earnestly every time we met ;
and one day, as he was soliciting and urging it by several
considerations, and expressing doubts of the sincerity of my
intentions, I admitted him to the privilege of a husband,
and promised to marry openly without delay. But, alas !

1T<>.'>.] CASE OF PARK OF OLD MONKLAND. 301

being too much influenced by some about me, I had not
power to do it till the 3d day of December 1753, being at
that time convinced I Avas with child, and far advanced.
"We have suffered much for one single in-egular step ; God
alone knows the degrees of guilt. We have mourned for
it before him, and hope have obtained his pardon. We
have lived together in perfect love and harmony ; and when
the world was censuring us, particularly Mr Park for harsh-
ness to his wife, a fault which he has ever been at the great-
est distance from, we were mutually supporting and com-
forting each other, and through the divine indulgence have
lived very comfortably.

" To prevent giving offence as much as we could, we set
out from home the first Tuesday of January 1754, and tra-
velled in post chaises to Aiton in Yorkshire. Mr Park, at
the earnest request of his wife, for reasons we had in view,
returned home; recommending her to the protection of
Divine Providence, and to the care of Mr James Simson,
minister of the Gospel at Aiton, and Mr John Jolly, farmer
in Newton, near Aiton, in w^hose house she brought forth a
son, on the 31st day of January 1754, Mrs Muir, mid\Wfe
in Stocksly, assisting. Mr Park returned a few days after,
and Mr James Simson baptized our son Andrew, in the
presence of John Jolly, his servants, William Thomas and
his wife, and some other neighbours, whose names I cannot
recollect. Elizabeth Robertson in Newton undertook to
nurse the child, where w^e, while we staid there, Mr Simson,
Mr Jolly, and his servant Katie, might see him every day.
In the end of February, Mrs Park thought she might ven-
ture to travel ; and having concerted measures concerning
the child, we set out, Avith Messrs Simson and Jolly, and
that night came to Sagefield. Mr Simson and Mr Jolly re-
turned home, and we came the next night to Newcastle, the
next to Belford, the next to Haddington, the next to Whit-
burn, and the next day home before dinner, the 5th of March.

" To all whom it may concern, we solemnly declare, that
the above is a true narrative of facts ; and, in testimony
hereof, we have subscribed the same, written by ]Mr Park,
on this and the preceding page, at Old Monkland, 7th day
of February 1758 years." (Signed) " Robert Park, Mar-
<;aret Robertson."

Mr Park brought his son from England, first to Edin-
c c

302 ANNALS OF THE ASSEMBLY. []l765.

burgh, and then to Glasgow, and acquainted the gentleman
under whose care he placed him with his story ; but, at the
same time, recommended to him not to profale it, as he
had not then fixed upon the time and manner of making it
public ; which, however, he was, and had all along' been,
firmly resolved to do.

The boy had not been long in Glasgow before the affair
took air, of which Mr Park was no sooner informed, than
he thought it his duty forthwith to disclose the whole truth,
which he accordingly did to his session, Feb. 3, 1765, and
on the Sabbath following, after sermon, to a very crowded
audience of his people, with which, on their return from
church, they expressed gi-eat satisfaction ; and next Sabbath,
and ever since, Mr Park had a good congregation.

Seven of his elders, however, gave in a petition to the
Presbytery, setting forth. That a scandal of antenuptial for-
nication had arisen against their minister, of which, by his
own accoimt of the matter, he appeared to them to be guilty,
and therefore praying the Presbytery to take such steps as
they should judge most proper for the honour of religion,
and the welfare of the parish. The Presbyter}^ appointed
the elders to turn their petition into a libel. They answered.
That tiiey did not mean to become libellers of their minister,
but only to infonn the Presbytery of the scandal that was
spread against him. Being then asked, If they desired that
the affair should be inquired into ? they answered in the
affirmative ; in which Mr Park concuiTed, earnestly begging
it might be done as soon as possible. The Presbytery agreed
to take the advice of the Synod in Avhat manner the affair
should be conducted. The Synod remitted it to the Pres-
b\ tery, appointing them to proceed with all expedition, that
if practicable, the affair might be finished before the next
Assembly.

Other facts than those mentioned in Mr Park's narrative
having been alleged to be in the fama clamosa, they were
intimated to Mr Park ; which, with his answers, follow.

1 . You called your son 3'our nephew ? Ans. September,
] 758, Avhen I brought my son to Edinburgh, the gentleman
to whom I applied, asked. Is this your son ? I answered,
"^"es. Wlien I brought him to Glasgow, I told Mr Barr
that the boy was my son. I was never asked by any other
person what the boy was. I own that Mr Barr's family,

1765.] CASE OF PARK OF OLD MONKLAND. 303

and others, have spoke of my son as my nephew, and of nie
as being his uncle ; and I did not contradict this.

2. Why did not you enter his name into the separate re-
gister ? [of the widows' fund.] Ans. For reasons obvious;
and particularly, because I never intended he should rea])
any benefit from that fund.

3. You entered your daughters heirs to their mother, to
the prejudice of your son ? Ans. Mrs Park died April
1758, and the child died on the 20th of that month. I was
in deep distress, when a gentleman who was at the child's
burial proposed, that my children should be entered heirs
to their mother. I said to him. You know the situation of
my affairs ; I shall be obliged to you, if you will take the
trouble of doing every thing necessary, for at present I can-
not think of any thing of that kind. I apprehended, that
this was necessary to vest my daughters in that part of their
mother's fortune which had not been made over to me (i.e.,
in marriage articles,) and which, I hope, is less than will
justly fall to their share. Of the manner and forai of a
service I was entirely ignorant ; all I did in entering my
daughters heirs was, to sign a commission to Messrs John
Campbell, Coats, and Robert Barclay, writer, to act for me.

4. You %dndicated to the congi-egation fi-om the pulpit
what you had done, and alleged there was no moral turpi-
tude in it? Ans. February 10, Sabbath. — I said to the
congi-egation, that when I considered the honourable views
and intentions which I had all along in the affair, I was
conscious of no great guilt ; and was confirmed in this my
judgment, by the concurring opinion of a worthy minister
(I named nobody) whom I had seen the Friday before, who
said, I see no moral turpitude in what you have done, but
there is a breach of a good rule. Yet I acknowledged wrong
steps, and professed sorrow for them, though I had been
led into them, not from any depravity of heart, or bad de-
sign.

Mr Park gave in also two letters, one from Mr Simson,
minister at Eastwood, to the Presbytery, dated April 2JJ,
1765; and the other from Mr James Barr, rector of the
grammar school at Glasgow, to ^Ir Park, dated April 1 7,
1765, — in which

Mr Simson writes : — " Mrs Park oftener than once to me,
with deep concern, declared, that she was only to blame in
the affair ; that he urged the public marriage over and over

304. ANNALS OF THE ASSEMBLY. f 176*5.

from the beginning of their mutual regard, but that some
circumstances in her situation then made her to put it off
from time to time ; that they regarded themselves as mar-
ried persons fi-om the time that they had given their hearts
and their hands to one another; she regretted the great
trouble and anxiety she had given to Mr Park, and that he
might thereafter be put to, on account of her delay."

Mr BaiT writes : — " You desire me to inform you what
I remember you said to me concerning your son, when you
first put him under my care. After the terms M^ere agreed
upon, you told me he was your son ; that, for certain rea-
sons, it had been kept a secret from- every body, except a
few^ ; but that it would be made known soon. Upon my
being harassed with people's idle curiosity, inquiring, whether
he was a relation of yours ? I thought proper to make you
a visit, when I asked what accomit I should give of him ?
You answered, Say he is a boy I have committed to your
care. I ^vrite this in haste, that it may go with the bearer.
I am," &c.

The Presbytery, after long reasoning, whether to proceed
by libel or not, put the question. Libel or Not ? and it car-
ried Libel, by three votes. Against which sentence four
ministers dissented, and Mr Park protested, and appealed
to the Assembly.

After hearing parties, and reasoning, the Assembly came
to the following resolution : — " In regard there is no private
party offermg to insist in a prosecution by way of libel against
Mr Park, and iii respect of the whole circumstances of this
case, the General Assembly finds, that there is no necessity
for giving Mr Park a libel, as his conduct has been impru-
dent and irregular rather than criminal ; therefore, they ap -
point the moderator to rebuke Mr Park for his irregular and
incautious behaviour, and so do dismiss this process." Mr
Park was rebuked accordingly, and exhorted to be more
circumspect in his behaviour for the future.

A petition for the Duke of Hamilton, and Mr Laurence
Wells, preacher of the Gospel, his Grace's presentee to the
parish of Shotts, tabling appeals from two sentences of the
Presbytery of Hamilton, was likewise taken into considera-
tion on the 29th. The Assembly 1764 sustained Mr Wells'
presentation and call to this parish, and appointed the Pres-
bytery to proceed to his trials and settlement. After his

17 Go.] CASE OF SHOTTS. 305

trials were finished, the Presbytery passed the following sen-
tence upon them, Apiil 2, 1765 : — " Upon mature deliber-
ation, though the Presbytery will not take upon them to
say that Mr Wells is wliollij df^ficicnt in point of knowledge,
yet they are of opinion, that his knowledge, particularly of
divinity, is very low and moan, and far short of that degi-ee
of understanding which is necessary in one who takes upon
him to be a teacher of others, and in such a situation too,
where the greatest abilities are required to overcome the
universal rooted prejudices which the parish of Shotts has
against him. They judge him also to be very much unac-
quainted Avith the rules of composition, and greatly wanting
in the talents necessary for communicating knowledge, and
making a suitable impression upon the minds of common
and ordinary hearers, to excite them to a sense of their duty,
and persuade them to the practice of it ; and that he does
not come up to the character which the apostle gives of a
minister of the Gospel, that he is apt to teach. And there-
fore, they hereby do find him not qualified to be a minister
of that numerous and extensive parish of Shotts." Tlie As-
sembly, on the 29th and 30th, remitted to the Presbytery to
set aside Mr Wells' former trials, and to proceed of new to
take trial of his qualifications, and appointed them to take
down their questions and his answers in writing ; and in
case they shall proceed to a sentence from which an appeal
shall be taken, that the said questions and answers, together
with all the discourses he shall have delivered as parts of his
trials, with the Presbytery's remarks, which shall also be
taken down in writing, shall be transmitted to the superior
courts.

The follomng overture was transmitted to the Assembly
by the committee of overtures, on the 31st : — " As the pro-
gress of the schistn * in this Church is so very remarkable,

* This overture was by no means palatable to the Seceders, as
appears from the following extracts from a letter soon after pub-
lished by the famous Adam Gib of Edinburgh, the leader of the
Antihirghers : — " All Papists in this country, — and all Episcopa-
lians in it, non-jurors as well as jurors, — (who caimot be understood
as among the persons ' who were formerly of our communion, but
have now separated themselves from the Church of Scotland,') are
plainly'abstracted from by this overture ; so that it takes no notice
of their case as an ' alarming evil,' of any • threatening aspect to
c c 2

30(5 ANNALS OF THE ASSEMBLY. []tT0.5.

and seems to be on the growing hand, as it is credibly af-
firmed that there are nov/ one hundred and twenty meeting-
houses erected, to which more than a hundred thousand
person^ resort, who were formerly of our communion, but
have noAV separated themselves from the Church of Scot-
land, and that the effects of this schism begin to appear, and
are likely to take root, in the greatest and most populous
towns ; it is humbly overtm-ed. That the Venerable Assem-
bly would take under their mature consideration this alarm-
ing evil, which hath so threatening an aspect to this Church,

this Church, to the interests of religion, and to the peace of the
country ; ' but the overture seems plainly restricted to the SecessioTf,
under the character of the schism. Accordingly, as 1 am informed
by some who were present, the debate on the overture was properly
concerning the Seceders ; and I suppose it might be chiefly with an
eye to that body of Seceders which I am in communion with, as
they are known to be more numerous, and to stand at a greater dis-
tance from communion Avith the Established Church, than others
of that denomination.

" I shall not meddle particularly with the account which the
overture gives of the number of meeting-houses which the Seceders
hav^e erected, and of persons who resort to these meeting-houses,
as I have never sought the knowledge of these matters ; only, so
far as I can judge, the number of persons is greatly exaggerated.
But, however far the number of those Seceders whom I am con-
nected with may yet be short of what would fall to their proportion,
according to the overture, they have ground of thankfulness to the
Lord, that he has raised up so many to appear on the side of the
Reformation testimony, at a time when the interests of the Refor-
mation, and of religion in general, are at so very low a pass in this
country.

" They appear upon no private or sectarian footing. Their
whole profession lies in a genuine adherence to the Reformation
principles, and established standards of the Church of Scotland ;
and if they must be charged with schism, because they will not con-
cur with the grievous defection from these principles and standards
which is now the prevailing fashion, they will patiently bear the
groundless imputation. Their testimony has no sort of threatening
aspect on the Established Church in any of her interests as a Chris-
tian Church : nor has it any sort of threatening aspect, but all the
contrary, in what were oncea-day reckoned the interests of religion
in all the Reformed Churches. Neither do I know any ejfects of
their pretended schism that now ' begin to appear, and are likely to
take root, in the greatest and most populous towns,' more than
took place above twenty years ago.

•' What sort of remedies for this pretended schism the authors of
the overtu-e might have an eye to, I shall not offer to guess : but

176.5.] OVERTURE ON SCHISM. .'?(j7

to the interests of religion, and to the peace of the country ;
and that they would provide such remedies against this
schism as in their gi'eat wisdom they shall judge most })ro-
per." After this overture was read, and reasoned upon, two
motions were made, viz. : — 1 . That the overture should be
transmitted to the several Presbyteries, and they appointed
to inquire after the number of meeting-houses erected by
those who have seceded from this Church, and the state of
the congregations thereto belonging ; as also to inquire con-
cerning the rise, progress, and causes of such secessions, and

I may venture to affirm, that the only remedies which consist with
Christianity, and with the rights of human nature, must he in set-
ting about reformation ; and let tlie Seceders ^chom I am speaking of be
once satisfied about proper entertainment being given to Christianity in
the EstabiisJted Church, they icill then most humbly crave to be entertained
in her communion. If the overture should have respect to any other
sort of remedies, I shall leave others to judge how far it is out of
character among Presbyterians ; but I may say, that, to the great
mercy of these lands, it is near seventy-seven years out of time.

" There is one thing in the overture which I beg leave to take
particular notice of; as it affirms, that their pretended schism
' hath so threatening an aspect — to the peace of the country ! ' I
shall abstain from any strong language about the injuriousness of
this allegeance, — with any remarks about the spirit and tendency
of it ; as I am confident that their character is well enough known,
for being every way proof against any such imputation in this
country. Yet they ought to entertain a grateful sense of the jus-
tice which I am informed was done to them on this head, during
the debate in the General Assembly, by some honourable inembers
of that court ; particularly by one gentleman of distinction, who
strongly affirmed their loyalty to the present government~-from
this consideration, that none of them took up arms against it in the
year 1745."

He then dwells on the exertions the Seceders had made during
the rebelHon, and thus concludes : —

" After all, I must observe, with satisfaction, that according to
my information, the overture was far from being rehshed in the
General Assembly by the majority of either the reverend or hon-
ourable members of the court ; and that their putting it into the
hands of a committee was no act of favour to it, but w«s carried in
opposition to a transmitting of it to the several Presbyteries, which
the friends of that overture insisted for. However, even supposing
the worst, the Seceders have ground of confidence, — that a sup-
pressing of the testimony among their hands, whatever might be
done with their persons, would prove too hard work for all the
people of the earth."

308 ANNALS OF THE ASSExMBLY. ^1765.

to transmit what informations they receive to the next As-
sembly. 2. That a committee should be appointed to con-
sider the overture, and report their opinion thereupon to the
next General Assembly. After long reasoning, the question
was put, Transmit or Appoint ? and it earned, by a great
majority, Appoint. A committee was appointed accord-
ingly, of twenty- three ministers and sixteen ruling elders.

On the 1st of June, the Assembly again transmitted the
following overtures to Presbyteries: — 1. Anent sending up
opinions on overtures transmitted by the Assembly. 2.
Anent repealing a part of the Form of Process relating to
exculpations. 3. Anent members of iafeinor courts judg-
ing in causes appealed from them to superior courts.

The same day, on a report from the committee of over-
tures. That three ministers in the Presbytery of Dunfermline,
viz,, Messrs David Hunter at Saline, Alexander Daling
at Cleish, and John S pence at Orwell, who, for twelve years
past, have lain under a suspension from sitting in a judicative
capacity in Presbyteries, Synods, or General Assemblies,*
have, since falling under that sentence, behaved with all
due submission, and lived in good correspondence with their
brethren, and that the Presbytery of Dunfermline must sus-
tain a loss through the want of their assistance, — the As-
sembly took oif the sentence of suspension, and reponed
these brethren to their former judicative capacity.

Then the Assembly took up an appeal by Mr John An-
derson, minister of the Gospel at Glendovan., from a sen-
tence of the S}Tiod of Perth and Stirling, deposing him from
the office of the holy ministry. The crimes laid to his charge
were, — brawling, and immoderate anger ; drunkenness ; in-
decent speech and behaviour at a sacrament ; tolerating gross
disorders in his family, particularly in the time of worship ;
foolish speaking and jestings, which are not convenient. —
Counsel were heard on the 1st of June ; and on the 3d, after
very long debates, the question was put, Affirm the sentence
of the Synod ; or. Suspend Mr Anderson until next Sy-
nod ? and it carried, by a majority of one voice. Affirm.

According to the report of the trustees for managing the
widows fund., the facts continue to correspond, to a surpris-

* See the fonner volume, p. 274.

1765.]

STATE OF THE WIDOWS FUND.

309

ing degree of exactness, with the calculations made previous
to the establishment of the fund, as appears from the sub-
joined table, — in which the first column contains the cal-
culations previously made, and the suppositions on which
they were founded ; the second^ the facts as they have come
out; and the thirds the difference between these : —

SUPPOSITIONS.

CALCULAT.

FACTS.

DIFF.

It was supposed,

Number.

Number.

Number.

That 30 ministers and professors

would die annually ; inde, for

21 years . - - -

630

— 615 —

— 15«-

That they would leave 20 widows

annually ; ind : for 21 years

420

— 411 -

— 9 —

That 6 families of children with-

out a widow would be left an-

nually ; inde, for 21 years

126

— 122 -

— 4 —

That 4' ministers and professors

would die annually, withouf

leaving either widows or chil-

dren ; i7ide, for 21 years

84

— 82 -

— 2 —

That the number of annuitants

drawing full and half annuities,

at Whitsunday 1762, would

amount to . - -

253

— 241 -

— 12 —

That the medium of their annui-

ties would be - - -

* L20 0 0

L20 1 2 6

LO 1 2 6

That the medium of the annual

rates would be - - -

5 5 0

5 1 11 6

0 3 0 6

That the free stock, at clearing

accounts with the collector, 1765,

would amount to - -

57,049 8 19

57,468 18 6 6

19 10 4 9

* The 4th denomination in these sums

is 12ths of a peni

ly-

* As the period during which the above facts have happened, commences with
the scheme upon the 25th March 1744, and concludes upon the 22d November
1764, being about four months short of twenty-one years, if 10 (the number of
deaths supposed to happen, according to the calculations, in four months.) were
added to the above number of 61.5, the difference betwixt the calculation and fact
would be only 5. The same observation may be applied to some others of the
above particulars.

An overture from the Synod of Lothian and Tweeddale,
together with the overtures from the Synod of Perth and
Stirling, and Presbytery of Langholm, anent the General
Assembly's judging in all causes of importance themselves,
and not to refer the same to their Coinmissions ; particu-
larly, processes respecting the moral character of ministers
of this Church, called for and read ; and, after some debate,
were ordered to lie on the table.

An overture anent the inclosing of glebes referred to tho
Commission, that they might digest and ripen the same for
the next Assembly.

An appeal of the Right Hon. John Earl of Hopeton, and
the whole other heritors, elders, and parishioners of the pa-

310 ANNALS OP THE ASSEMBLY. [17(J5.

rish of Kirkliston^ against a sentence of the Presbytery of
Lochmaben, refusing to transport the Rev. ]Mr James Lindsay
from the parish of Lochmaben to the parish of KirkUston,
being heard, the General Assembly unanimously reversed
the sentence of the Presbytery of Lochmaben, and trans-
ported Mr Lindsay from the parish of Lochmaben to the
parish of Kirkliston, and appointed the Presbytery of Lin-
lithgow to proceed to the settlement of Mr Lindsay, as mi-
nister of the parish of Kirkliston, with all convenient speed.
3Ir John Chieslj/, minister at St Monance^ appeared at
the bar, and signified, that he now withdrew an appeal which
he had taken from a sentence of the Presbytery of St Andrews.
The General Assembly declared the said appeal fallen fi'om.
A petition for Mr John Chiesly, minister at St Monance^
craving a share of the public money, to enable him to carry
on his defence against a process he was concerned in before
the commissary of St Andrews, for an alleged freedom upon
a person's character, luhen delivering his opinion as a judge
in an ecclesiastic court ; which petition being read, the Ge-
neral Assembly ordered him £5 Sterling to enable him to
carry on the defence in the said process, and recommended
him to the procm-ator and agent of the Church.

A committee named to take under their consideration the
Form of Process^ and what additions or alterations may be
made thereupon, or whether a new Form of Process is ne-
cessary, and to bring an overture on that subject to the next
General Assembly.

The committee appointed to consider the petitions of the
Presbytery of Peebles and parish of Neivlands, respecting
Dr Da\dd Dickson, gave in their report ; which was read,
and approved of by the Assembly.*

The committee appointed to consider the petition of Messrs
James Lesly, &c., anent Mr Thomas Lyell, minister at Sandy ^
gave in their report ; which was read, and approved of by
the Assembly, t

* Dickson had bound himself by missive letters, to make provi-
sion for a regular assistant, but now refused to implement his agree-
ment. The committee recommended the Assembly to instruct the
procurator to assist the Presbytery in any civil action that might
be necessary.

t The committee in this case reportc'l, that as there were great
informalities in the procedure against Mr Lyell, the Presbytery
should be appointed to give him a new libel in proper form.

IT<;').] COMMITTEE ox SCHISM. 311

A letter from the Presbytery of Abertarff, craving that
the General Assembly would order the missionary ministers
employed among them to attend their meetings, and be as-
sociated n;iembers, on account of the smallness of their num-
ber in said Presbytery. — Which letter was read, and the
desire thereof refused.

LTpon a motion, the Assembly ordered, that all future
applications to the committee of the Roijal Buuntij, should,
instead of two months, lie only one month upon the table.

A report by the Presbytery of Jedburgh, anent the school-
master's salary at Crailing^ given in, read, and ordered to
]:e recorded.

The Assembly rose on the 3d June.

Committee on Schism. — On the 19th of November, the
committee appointed by last Assembly to consider the over-
ture relating to the schism in the Church, met at Edinburgh
and agreed to the follomng report : — " In respect of the
dangerous consequences that are to be apprehended from
the increase of Secession from the legal establishment of this
Church, and as it is reported that no fewer than 07ie hun-
dred and twenty meeting-houses are already erected, al-
though it never was^ nor is intended, that any sort of severity
should be used against any of those persons, it is overtured
that it may be recommended to Presbyteries to inquire into
the truth of this fact : And further, as the abuse of the right
of patronage has been one chief occasion of the prooress of
Secession, it is also overtured, that the General Assembly
would be pleased to consider what methods may be employed
to remedy so gi'eat an evil ; and it is humbly submitted,
whether it may not be expedient for this purpose to appoint
a committee to correspond with Presbyteries, and gentlemen
of property and influence, and to report."

Assembly 176*6.

The Assembly met at Edinburgh on Thursday, May 22.
John, Earl of Glasgow, was his Majesty's Commissioner. —
Mr John Hamilton, one of the ministers of Glasgow, and
Principal Murison at St Andrews, were put upon the leet
for moderator ; and it carried for the former, 83 to 78.

312 ANNALS OF THE ASSEMBLY. [1766.

On the 24th, the Assembly took into consideration the
commission of the Presbytery of Paisley to their represen-
tatives in this Assembly, in number four ministers and two
elders. This Presbytery had refused to admit two elders as
members, against which Dr John Witherspoon, minister of
Paisley, protested. A debate having arisen, "Whether Dr
AVitherspoon s protest, and the matter in it contained, was
properly before the Assembly? it was agreed to put the
question. Whether it was competent to take in the affair or
not ? and it carried in the affirmative, 76 to 70. And it
having been represented, that a judgment of the Presbytery,
refusing to admit the two elders aforementioned, had been
reversed by the Synod of Glasgow and Ayr, from which
sentence the Presbytery had taken an appeal, the Assembly
appointed the committee for bills to receive all papers re-
lating to the matter, that the Assembly might have the
whole before them next sedermit. On INIonday the 26th,
there was transmitted to the Assembly fi-om the committee
for bills, a petition of the said Presbytery, tabling an appeal
taken by them from two sentences of the Synod ; one find-
ing a cause {i.e., that the affair was properly before them,)
in the case of William Turner, who had been elected elder
from the session of Greenock., and was refused to be put on
the roll by the Presbytery ; and the other, ordaining him to
be put on the roll, together with the reasons of appeal ; also
a petition of Dr Witherspoon, craving that the committee
Avould transmit to the Assembly two extracts of the proce-
dure of the S}Tiod anent the affair of William Turner. —
After reading the papers, hearing the parties, and long rea-
soning, the question was put. Affirm the sentence of the
S}Tiod, finding a cause ; or, Reverse the same ? and carried
Affirm, 107 to 33. Then the Assembly, without a vote,
affirmed the second judgment of the Synod, reversing the
sentence of the Presbytery, whereby William Turner was
rejected, and they ordained him to be put on the roll of the
Presbytery of Paisley, as an elder duly elected by the kirk-
session of Greenock. The court then proceeded to consider
what eftect this decision should have upon the election of
members to represent the Presbytery in the present Assem-
bly ; and whether or not, in consequence of their excluding
a constituent member from voting, their election should be
found void. After reasoning, the court, without a vote,
found and declared the commission from the Presbytery of

1766.] CASE OF BAINE OF PAISLEY. 313

Paisley to their representatives in this Assembly void and
null, and ordained the members' names to be scored out of
the roll of Assembly. On intimating this sentence to the
parties, instruments were taken in name of the Synod, and
also by Dr Witherspoon. This affair took up two days,
during which several points of form were reasoned upon
with great accuracy ; and it occasioned the new act relating
to the form of commissions.

On the 27th, the Assembly entered upon the affair of Mr
James Baine, late minister of the High Church of Paisley^
now settled minister of the Church of Relief at Edinburgh.*
A letter written by this gentleman, dated Paisley, Feb. 10,
1766, was laid before the Presbytery of Paisley on the 26th
of March by their moderator, Mr Alexander Cruickshanks,
minister of Mearns, viz. : —

" Rev. Dear Sir, — It would have given me great pleasure to
have met with my brethren of the Presbytery of Paisley, as it would
have given me an opportunity of acquainting them with what I now
inform you of, as their moderator, to be laid before them, viz.. That
I entirely give up my charge of the High Church in this town, and
the care of the flock belonging to it, into the Presbytery's hands.
They know not how far I am advanced in life, who see not, that a
house for worship, so very large as the High Church, and commonly
so crowded too, must be very unequal to my strength ; and this
burden was made more heavy, by denying me a session f to assist me
in the common concerns of the parish, which I certainly had a title
to ; nor am I singular in thinking so, as I have the opinion of the first
judge of the kingdom that it was peevish to refuse it. But the load
became quite intolerable, when, by a late unhappy process, the just
and natural right of the common session was wrested from us, which
drave away from sitting in it twelve men of excellent character ; so
that I have not one elder for five hundred examinable persons in
my proportion. Nor does it alleviate the burden, that this right
of the session was so tamely given up (some perhaps will say be-
trayed) by those who ought to have defended it ; for in any society
where candour is thought to be gone, confidence must die. I would
earnestly beg of my very rev. brethren to think, that this change of
my condition, and the charge I have now accepted, makes no change
in my former creed and Christian belief, none in my principles of Chris-

* The compearance was :— Messrs Warner, Davidson, and Ken-
nedy, for the Presbytery; Messrs Dun, Fairbairn and Colin
Campbell, for the Synod ; and Joseph Williamson, Esq., for the
town of Paisley.

t See p. 167.
D d

314 ANNALS OF THE ASSEMBLY. [1766.

tian and ministerial communion — nay, none in my cordial regard to
the constitution and interest of the Church of Scotland, which I have
solemnly engaged to support some more than thirty years ago, and
hope to do so while I live. At the same time, I abhor persecution
in every form, and that abuse of church power of late, which to
me appears inconsistent with humanity, with the civil interests of
the nation, and destructive of the ends of our office as ministers of
Christ. I would only add, and assure my brethren, that I go away
with a grateful sense of their civilities to me while among them ;
as a small I'ecompense, it is my heart's desire to God, that they and
their flocks may prosper, and they may be directed to promote a
speedy and comfortable settlement of a pastor over that very nu-
merous and affectionate people who are now my charge no more.
With esteem, I am, Rev. dear Sir, your aiFectionate brother, and
most humble servant, James Baine."

After this letter was read, the town-council of Paisley
craved, that the Presbytery would immediately declare Mr
Baine's church vacant. But the Presbytery resolved to
write to Mr Baine to attend a meeting of Presbytery to be
held on the 23d of April, that he might be heard before the
final sentence was passed, and delayed the further consider-
ation of the affair till that day. The town-council appealed
to the Synod of Glasgow and Ayr, which put a stop to the
Presbytery's writing to Mr Baine. The Synod sustained
the appeal, accepted of Mr Baine's demission, declared his
church vacant, and appointed the Presbytery to meet on the
23d of April, in order to receive any appHcation that might
be made for supplying the vacancy. The Presbytery ap-
pealed to the Assembly. The toAvn-council had prepared a
petition to be given in to the Presbytery on the 23d of April,
praying, that they would proceed to moderate in a call to
Mr George Muir, minister of Old Cumnock, to be minister
of the High Church of Paisley. But the Presbytery did not
meet that day ; therefore the town-council protested against
them for non-attendance, and petitioned the Assembly to
order the moderation.

All the before mentioned papers and proceedings having
been read in the Assembly on the 27th, and parties heard,
the court, after reasoning, ordained Mr Baine to be sum-
moned to appear at the Assembly bar on Thursday, the
29th, to answer for his conduct in giving up his charge at
Paisley. Mr Baine appeared on the 29th, and having been
heard, and his letter of demission read, the Assembly, after
some debate, came to the foUo^ving resolution : — " Find,

1766.] CASE OP BAINE OF PAISLEY. 315

tliat the Presbytery of Paisley did nothing improper in their
delay of the 26th of March last, and that therefore the ap-
])eal from them was unnecessary ; but in regard that Mr
Baine's letter to that Presbytery, dated Feb. 10, is now be-
fore the Assembly, the Assembly do declare the church of
Paisley to have been vacant from the 26th of March last,
the time the said letter was given in to the Presbytery : re-
serving to themselves the full consideration of any irregu-
larity in Mr Baine's conduct, or in the expressions of his
letter." This sentence was intimated to the parties. Then
the court took under consideration Mr Baine's conduct ; and
he being again called, was further heard. After a very long
debate, a motion was made by a member to the following
purport : — 1 . That the Assembly should declare Mr Baine
to be no minister of this Church, and that he is incapable
of receiving or accepting of a presentation or call to any
parish in this Church, without the special allowance of some
future General Assembly ; and, 2. That the Assembly should
prohibit all the ministers of this Church from emplopng him
to preach or perform any ministerial offices for them, or from
being employed by him, unless some future Assembly shall
see cause to take off this prohibition. After dehberating on
this motion, the Assembly agreed to the first part of it with-
out a vote ; but members being divided Av^th regard to the
second part of it, a vote was put, Agree to the last part
of the motion, or Not ? and it carried, 107 to 5Q^ Agree.
Therefore the Assembly found and declared accordingly ;
and the sentence was intimated to Mr Baine.

Not long after the rising of the Assembly, Mr Baine pub-
lished his " Memoirs of Modern Church Reformation ;
01', The History of the General Assembly 1766," — from
which we present the following extract in relation to his
owTi case : —

" Your corner * was not the only one of this land, high in hope,
that the late Assembly would prove a reforming one ; and there
are not a few who tell us, that it has been eminently so, sweeping
away some old offensive parts of our constitution, supporting the
rest of it by various deeds and decrees fiim as brass. In the opi-
nion of others, the raised expectation of multitudes, Uke a gilded
vapour, has discharged itself in smoke and stench.

" In two of the first diets of Assembly, a controverted election

* The work is in the form of Six Letters, addressed to a brother clergyman,
whose name is not given.

316 ANNALS OF THE ASSEMBLY. Q1766.

of their members from the Presbytery of Paisley, was subject of
debate, when the Assembly found the election null and void, as one
constituent member of Presbytery, who had an undoubted right to
vote in the election, had been unjustly denied that right. This,
Sir, you see, was annihilating the Presbytery on that day as a court,
and in effect finding that they were none. Upon this principle, all
the other deeds of Presbytery on that day were null too ; how then
could any cause, decision, or sentence, of such an illegal meeting,
be received, and regularly reviewed, by the Assembly ? Upon
Thursday, however, they grasped at a cause from that nominal ju-
dicatory ; and as they had begun, went on, and quickly discussed
it, in defiance of fundamental rules and form."

After observing, that '* the good people of Dunbar have a just
title to pity, and are harshly treated, some think, for what may be
their infirmity, but cannot be their crime, viz., that their organ of
hearing is not so nicely constructed, or of such an immoderate length,
as some more delicate venerable ears in that country," and that
'• the number of callers to the candidate for Eaglesham amounted
to one," he adds: " As our Assembly has on some occasions as-
sumed a dispensing power, a power to innovate, alter, and change,
I would humbly move, that at their next meeting they interpone
their authority, without loss of time, and that instead of the present
form, ' Do you accept of the call from this congregation, and take
the charge of their souls, promising,' &c., the address to the candi-
date should be, ' Having used every habile genteel method to ob-
tain this presentation, do you accept of it as giving you full right to
the manse, glebe, and established living of this parish ; and further,
as authorising you to enter into the church of said parish and pulpit
on the Sabbath, when convenient ? And do you promise, with the
help of these emoluments, to instruct your people, and give them
an example of hospitality, husbandry, and other good-humoured
social virtues?' &c. &c. &c. This, Sir, or something like this,
some people think, would suit our circumstances, and the disposi-
tions of many in our age, much better than those solemnities which
our fathers appointed, and bore their part in most devoutly, when
ordaining any man a minister of the everlasting Gospel. . . .

" If any such report has reached you, as that of personal invec-
tive, or indiscreet usage, I should have met with in the course of
the trial, you may believe it is ill founded. 1 must absolve the
General Assembly from every thing of that kind, save in one in-
stance, and from a very unexpected quarter, the indelicacy and
rudeness of which the house did not applaud. It was on Tuesday
that this affair appeared first before the Assembly ; the Presbytery
of Paisley having brought it there by an appeal from a sentence of
the Synod of Glasgow and Ayr, which had received my letter as a
demission, and found the High Church of Paisley vacant.

" This letter being read on Tuesday, and reasoned upon, the
Assembly ordered that I should be summoned to compear before
them on Thursday, to answer for my conduct in giving up my mi-
nisterial charge at Paisley. This, Sir, was making a long arm, and

ITfiG.] CASE OP BAJIJE OF PAISLEY. 317

^Tasping at a cause which was not, nor indeed could be before them,
as it had been before no court on earth. In the Presbytery of Pais-
ley, and Synod of Glasgow, there was not the shadow of complaint
against me; but, whether they should receive my letter as a demis-
sion, and find the High Church vacant, or not ? However, I com-
peared, rather out of deference to the Assembly, than that 1 thought
myself strictly bound to do so, or to give any sanction to proceed-
ings so summary and irregular. But finding that, from penury of
articles and evidence, they were to make me my own accuser, and
evidence against myself, I said, that instead of a Protestant Assem-
bly, I began to breathe, I thought, in the air of an inquisition, and
if such was their form of process, they would forgive me to insist
upon the chief and most natural privilege of every man, and every
British subject in particular, viz., to give me a libel in form, and
time to make my defence ; that as yet I saw nothing faulty alleged,
if it was not in that expression in the summons, ' to answer for
giving up my ministerial charge,' in which, I presumed, they could
find nothing criminal ; for often had ministers resigned their chai-ge
upon different accounts, and justifiable; nay, some have given it
up for the more entertaining and elegant employ of the stage * who were
not called in question, or found delinquents. This natural and most
just requisition, however, could not be granted. Nay, to make
matters as easy as possible, I declared myself willing to have the
cause tried before the Presbytery of Edinburgh, (and at some one
Presbytery or another every such process ought to commence.) But
this was as warmly opposed by some reverend doctors, and their
young auxiliaries of tJie long robe. How hard is the man's fate, who
is dragged into a bar, where, without libel, witnesses, or proof, he
stands a trial, the issue of which may deeply affect his character,
fortune, family, and usefulness in the world ! where libel and proof
must be furnished by himself, else there is none ! and, tortured by
queries, is reduced to the dilemma of being charged as a prevaricator
if silent, or by his answers founds his own condemnation ! Infamy
and inquisition, in all its forms, be for ever wedded ; when that in-
human illiberal engine sinks under the weight of disgrace in Por-
tugal and Spain, may it never set up its head in our happy isle. At
the same time it is but candid to confess, that some members, most
eminent in knowledge of the law, justice, and our constitution, did
not forward these arbitrary measures ; and by withdrawing, gave
no countenance to the sentence and issue.

" We had, from a rev. member, a kind of prediction what the
issue of the afiair would be, some time before the sentence was
pronounced ; and upon the back of that public intimation or pro-
phecy, I was called once and again to speak, or (as I understood
it) to give my opinion of the sentence to be ; so that of a pannel, I
was quickly and complaisantly enough metamorphosed into a mem-
ber of the house, and a judge. Accordingly I said, that if the As-
sembly had had Moper evidence that I was now a member of the

» See p. 118.

Dd2

318 ANNALS OF THE ASSEMBLY. [1766'.

Presbytery of Relief, in that case I had no objection to the first
part of the sentence, viz., to be incapable of a presentation or call
to a charge upon the Establishment. But the misfortune is, Sir,
this sentence in every branch has no legs to support it. I say it
again, there was no proper evidence in court that I was a member
of the Presbytery of Relief, unless you go into the very singular
opinion of a learned civilian, that notoriety was in place of proof,
i.e., the common talk without doors is sufficient to condemn. What
must the impartial world think, when they are told, that a mistake
in some punctilios of form, has overturned sentences of Presbyteries
and Synods against the scandalous and immoral ; that such a defect
has been their protection, at least for a season ; whilst the essential
rules of justice, and forms of all courts, are in a hurry leaped over,
to stigmatize others, not said to be immoral, and to cut them off
from ministerial communion \\ath a whole church ?

" This, Sir, was the other part of the sentence, discharging mi-
nisterial communion, to employ, or be employed by me, till some
future Assembly think proper to take it off. Against this judgment
I could not but remonstrate with concern, as alike impolitical and
unchristian. And I am still of opinion, that though all that was
alleged had been properly verified, such a sentence is greatly dispro-
portioned to the fault, and cannot be reconciled to the spirit and
laws of the New Testament. There the terms of Christian and
ministerial communion are unchangeably fixed, and by the highest
authority, viz., oneness in the uncorrupted faith and worship of
Christ, in hope and holy practice. Where his ministers and dis-
ciples are united in these, they are indispensably bound to love, and
to public fellowship with one another, in acts of worship and spi-
ritual privileges ; and no posterior human establishments can destroy
that sacred bond, or make it a rope of sand. But it will be said.
There is here a breach of order ; a stepping aside from rank and
regularity ; a setting up altar against altar, and what not. After
all this noise and clamour. Sir, (supposing no such necessity for
breach of parish order as the times plead for,) may one be allowed
to ask, What are the mischiefs of this irregularity ? what, or whom
does it hurt ? Not the interests of vital Christianity in our land,
nor the civil interest and privileges of established clergy. It does
not poison our people with principles of bigotry and separation, but
rather keeps them from that snare, and preserves them in as full
communion with the worthy ministers of the Church of Scotland
as ever. Is it candid then, or political, first to cast such men out
of her communion, which they and their people earnestly desire,
and yet to cast on them the most injurious calumny of sectaries
and schismatics ? Whatever may be said of others, slander itself
will almost blush to say, that the Presbytery of Relief have any se-
parating principles. They dare not decline communion with any
who have the knowledge, the visible uncorrupted profession of real
Christianity : the laws of Jesus Christ ordain to receive such ; by
what authority, then, are they intercommuned *

" Had you been in the Assembly, Sir, you would have got a

1766,] CASE OF BAINE OF PAISLEY. 319

short answer to this from a principal doctor, viz., That without
such censure the very being of our Establishment could not be pre-
served. If he meant, that otherAvise there was no preserving the
influence which merit and ministerial qualities had promoted him
to, influence pregnant with prudence and clemency in the exertions
of it, perhaps he was right. Men of truly moderate principles, and
the steady advocates of liberty, and the rights of mankind, have
ever+been the scourge and terror of tyrants. It was a pity that no
one asked the rev. gentleman, what he understood by the Estab-
lishment ? The things that can properly be called so, are the faith,
the judicatories, the livings established by law. The Presbytery
of Relief, I hope, do no hurt to the first of these ; nor make they
any pretensions to the other two. What then can give such an
alarm ? Is it that that Presbytery preaches the faith, which others
too have subscribed, and are bound to maintain ? Or is it, that the
Presbytery of Relief stand up for our ancient Established Church
constitution, so shamefully changed from the limited into the arbi-
trary ; from a truly Christian, British model, into a despotic, French
mould ? This, Sir, some people tell you, is the secret ; and there-
fore the old scarecrow must be raised from the dead, to affright the
weak, as if the whole fabric were coming down on them, and to
keep the crafty in countenance. ' The Church ! the Church is in
danger ! ' was the cry in the infamous day when many who joined
in the cry were notorious for corruption and cruelty ; and the en-
gine, it is well known, was played off against a set of men who
preferred Christian knowledge, faith, holiness, communion of saints,
to uniformity in merely human impositions ; against men who de-
tested dissimulation and servility, in order to preferment and bread,
whose consciences dictated strongly the humane office of peacefully
preaching the Gospel in corners where it was not, or from which
it had been greatly banished by ignorant, erroneous, or scandalous
ministers. To conclude. Sir, it astonishes thinking people, to see
with what unrelenting severity a certain class of men are excluded
the communion of their brethren, whilst great zeal and talents are

displayed to preserve in the bosom of the Church, a Dal le, an

And n, a Car n,* and the like, whose history pollutes our

ecclesiastic records.

" While attending the Assembly on Thursday, the only diet
where I was present, nothing struck me with such surprise as a
remark of a principal doctor, who, in the course of his laboured de-
clamation, observed it to be a great aggravation of my offence,
that I was admitted to my charge by a man whom a former Ge-
neral Assembly had deposed from the ministry in the name of
our Lord Jesus Christ. Some men are very bold, but the bold-
est (there is some hope) may be brought, one time or other, to
blush. What greater dissipation of thought and reason could there

* Mr Baine here alludes to the cases of Dalrymple of Dallas, Anderson of Glen-
dovan, and Carson of Anwoth ; but he ought in candour to have added that the
two former were deposed.

320 ANNALS OF THE ASSEMBLY. [1766.

be, than unnecessarily, (for there was no evidence to the court of
the truth of his assertion,) unnecessarily, I say, to take up the
noisome ashes of an affair, about which, if prurience had been con-
sulted, she would have said. Let it lie for ever in the bottom of
oblivion and contempt ? Though that harsh unconstitutional sen-
tence was pronounced in the ever-blessed name of our exalted Lord,
does the rev. doctor, when on his knees, really think that it is
bound in heaven ? With me, it was a very agreeable circumstance
to be admitted by the Rev. Mr Gillespie ; it gave me an opportu-
nity of exemplifying, in a public manner, a favourite maxim in my
letter to the Presbytery of Paisley, viz.. That I abhor persecution
in every form, and Mr Gillespie's deposition was of that kind. The
principles which led to it, will justify all the severities with which
our dissenting brethren were treated under reigns stained with op-
j)ression and blood. And in very deed. Sir, the lofty language in
those times, and in our later days, of high kirk usurpation, and im-
plicit obedience, were very like. I shall never forget it ; the fre-
quent style of some rigid rulers in our Assembly about fourteen
years ago, was this : — ' We'll enlighten these scrupulous under-
standings with their uives and children : ' i, e.. We will compel
them to promise and execute against their con$cience and duty, or
starve or beg ; for dig they cannot. And what followed ? Why,
Sir, if your sons of reason promised not to smile, I would tell you,
that that mighty menacing tone in some mouths, soon sunk down
into the childish, or nigh to the changeling ; whilst the much-injured
deposed minister, with understanding, and all his heart, mth ho-
nour and success, is still serving God in the Gospel of his Son.
But does the conduct of Divine Providence, in these and such like
instances, merit any notice ? I had been in use hitherto to think
that verily it does ; when God * pours contempt upon princes, and
sets the poor on high from affliction,' then ' whoso is mse, and will
observe these things, even they shall understand the loving-kindness
of the Lord.' According to some principal lights of our land, all
this is no other than a superstitious whim : a Providence in general
some will admit of, but its agency in what they call every minute
thing, or that moral instruction is intended by every event, they
cannot so readily allow. Can the creature then, a second cause or
agent, in any one moment of time, be independent of the first cause ?
It is a contradiction in terms. A sparrow falls not to the ground
without the will of God ; and without the same will, can there be
a fall from first-rate accomplishments, into a stupor and lethargy ;
a fall from active life, into immediate silence and death ? * Have
such occurrences no sound in reason's ear ? and are they not calcu-
lated to convey what is salutary to the mind ? Reject this, and I
do not see but we list under Epicurus' banner, whose favourite
maxim, and that of his whole herd, is well known,—
A^on vacat exiguis rebus adesse Joti.

* Can this be an unfeeling allusion to the sudden death of Dr Jardine of the
Tron Church, Edinburgh, who dropt down dead in this Assembly during the de-
bate on the overture upon schism ?

1766.] CASE OP BAINE OP PAISLEY. 321

' " Here, Sir, I should have stopped, if you had not told me, that
there is something which you greatly desiderate still. You can-
didly admit, that the proceedings of the Assembly on Thursday
appear to be summary and irregular ; that they leaped over funda-
mental rules to bring in the cause ; and that having found it before
them, I had a right to see my accusation, and witnesses to be led
against me, prior to any sentence ; a sentence founded on no rele-
vancy, and no better proof than town-talk, and what was said with-
out doors. But what is all this to the public, supposing I was in
the right, before an Assembly not to give way to the inquisitorial
method, yet the most part of this country know the change of my
condition. Have they no claim to be satisfied, or to know the mo-
tives of such conduct ? I confess, Sir, I think they have. Is not
my letter to the Presbytery of Paisley now public ; and may not
that satisfy ? Was I to sink under an intolerable burden, of which
my superiors were bound to ease me, and that ease was regularly
sought before all the judicatories of the Church, but denied me ?
Contrary to my real and declared persuasion, as Presbyterian, was
I to be member of a kirk-session, where no man can sit quietly but
upon Erastian principles ? for the nature of that court in Paisley is
fundamentally changed and overthrown. And is not the constitu-
tion of the Church fundamentally changed and overthrown too ?
Have not our Assemblies assumed a legislative and dispensing
power ? Do they not, in the face of her declared principles and
unrepealed laws, exerce much of an imposing spirit by their deci-
sions, when under no necessity from law, thrusting ministers into
parishes, and with such determined rigour, that insufficiency, error,
or scandal, in such ministers, are scarcely sufficient some times to
stop the career of it ? Are not reclaiming parishes frowned upon ?
and is not the man in danger of being ruined who would formally
table and follow out any such complaint ? What then are the many
thousands of our people in Scotland to do ? the people who are the
strength and ornament of a nation, who, of all other, do most
esteem the Gospel, and the institutions of it ? are they to want
these wholly, or go and receive them against their conviction ?
Your chapels of ease are an expedient, which I suppose few minis-
ters or people will be fond of; it is so unconstitutional and unscrip-
tural likewise, that in all the New Testament I find not a teaching
preacher, fixed and statedly ministering to a flock, who is not a go-
verning one too ; but in your chapels of ease, you see one ordained
to preach, with power to dispense the sacraments, but without ju-
risdiction or kirk.se?sion of his own ; without authority to judge
of the character of his people, or scandals that may arise among
them. It is true, he is admitted to his office by the laying on the*
hands of the Presbytery ; yet is no member of it, and in the most
important afiairs relating to his people, has not the privilege to
judge and determine. He may come, I believe, to the Presbytery's
bar in the case of scandals, and stand as an accuser. The question
then recurs, What are hundreds of congregations in Scotland to
do ? Are they to lie at home on Sabbath, and behave worse than

322 ANNALS OP THE ASSEMBLY. [1766.

the heathen, till they become of one mind with our more enlightened
rulers, or more submissive to their ecclesiastic decrees ? If there-
fore such people have a title to the means of salvation, they must
have a right to ministers statedly to dispense these among them ;
an undoubted right to ministers, by whose doctrine and gifts they
find fi-om experience their souls may be bettered. If our kirk go-
vernors are so harsh and severe, or fettered some how, that they
either cannot, or will not, give any such redress, are others there-
fore to be deaf to the cry of these people in their extremity ? I
think not.

" Advantages no doubt there are from an Establishment and
parish order ; but these are little to be regarded when they come
in competition mth the salvation of souls and the great ends of
Christianity. And are not these ebbing away \nth a quick pace
from our once happy land? Is there not a remarkable decay of
Christian knowledge and practice of late ? a melancholy swell of
infidelity and profaneness, threatening a deluge universal ? What
an increase and frequency of crimes unnatural, rare, or unheard of
by our fathers ? and even amongst our ownselves, how have scandals
multiplied of late ? Would to God they could have been concealed !
but they are open and flagrant ; more in number, I suspect, in these
ten or twelve years past, than in sixty preceding ones. And if the
most probable source of all this mischief be, the abuse of the law
of patronage, the violent stretch and severity of church power, and
Assembly decisions to enforce it, are they the enemies of God, their
king, or country, who dislike and oppose such measures, or would
prevent the wretched havoc made by them of every valuable inte-
rest in our land ? I hope not, Sir ; nor do I see any such efiectual
expedient and preventive under heaven, as the plan of the Presby-
tery of Relief. Upon this view of the whole matter, I am perfectly
satisfied with my conduct, and wonder greatly that some worthy
ministers of the Establishment have not taken the same course.
Their principles, if I mistake not, lead them to it ; they see, with
great concern, the fatal growth of ignorance, gross errors, profanity
overflowing the land ; they see multitudes of poor and needy ear-
nestly seeking for water and there is none, and their tongue faileth
for thirst, (the Lord hear them ! ) for such worthy ministers cannot
help these congregations and corners in their extremity, while on
the Establishment, as when oflTof it. And from some late proceedings
it is obvious enough, that no manner of redress is to be expected
from the chief administrators in it.

*' You are asked, it seems, by some people in your -corner, what
is this Presbytery of Relief ? what are their principles and consti-
tution ? Look, Sir, what the Church of Scotland was sixty or
seventy years ago ; find out this from her own creeds and confes-
sions, her canons, public acts, and authentic records, and, excepting
some privileges purely civil, and derived from law alone, you have
the full portrait of that Presbytery ; in doctrinal articles, ordinances
of divine worship, in principles of government, and Christian com-
prehensive communion, the same. They must go to other pulpits,

1766.] CASE OF BAINE OF PAISLEY. 323

than those of that Presbytery, who would be entertained and edified
by Arian or Pelagian tenets ; who would hear the bold unscriptural
assertions and criticisms of Dr Taylor* maintained, the doctrine of
original sin treated as original jargon, the present purity and powers
of human nature extolled to the skies, and the wonders it can work
in its own salvation, whilst the Redeemer, and his most Holy Spirit,
are allowed a very small share of the honour.

'• And now, Sir, I submit it, if there is much of the spirit or
wisdom of Christianity in treating those men with the severities
the world has been witness to. Is it candid to deny them society ;
to drive them from that communion they earnestly desire, and in
which they labour to keep their people ; and after all, to calumniate
them as separatists ? There is not any one thing of which the
narrow ruffled mind can be more liberal, than that of bad names.
It is easy for a little angry member to stand up in the Assembly,
and tell the house, that he must call that Presbytery a sect, and
schismatics ; a sufficient demonstration that he knew not the men,
or understands not his Bible. Upon studying the New Testament
more accurately, I suppose he will find the Scripture notion of
schism to be, not so much diversity of opinion in religious matters,
nor different places, or even modes of worship, as the imposing,
censorious, uncharitable spirit, of which the Presbytery of Relief
have discovered nothing, but the reverse of it, by any doctrine or
deed of theirs. And I admire the prudence of our high authority
measures as little as the Christian spirit of them. If the dissenting
interest in Scotland were united as they ought, and may hereafter
be, they are a much more respectable body than some sorry poli-
ticians dream, or are willing to have it believed to be. Supposing
that they are but one hundred thousand who join, and statedly at-
tend Presbyterian meeting-houses just now, I may affirm, that there
is twice that number of the very same principles, and as jealous of
their liberty as they. And is it political, or friendly to the govern-
ment, to fret such a body ? Can it be expected that they will tamely
submit to rigid ecclesiastic taskmasters, when under the civil admi-
nistration they are so happy and free ? when the laws of the land,
as it were, point out the remedy, and declare that toleralJle which
churchmen will scarcely tolerate ? If our General Assemblies go
on, by mere authority, to cram down upon people ministers whom
they look upon as the nuisance of the country, and their sorest
enemy, is there no such thing to be feared as that these people may
fall into hands weak or designing, who may mislead them, both in
their principles of religion and loyalty ? In such a disturbed state
of the Church, is there no danger from the most artful, restless
spirit of a society, now annihilated in France, but no doubt at work
in our land, and particularly the great cities of it ? Whilst our
country is in this distracted situation, and measures steadily going
on which manifestly inflame it more and more, is the Presbytery of

♦ The reference is to Dr John Taylor of Norwich, and specially to his works on
the Epistle to the Romans and Original Sin.

324 ANNALS OF THE ASSEMBLY. [1766.

Relief so highly criminal, to send forth pastors who will be received
with open arms, from whose ministry their people may imbibe a
sound belief, and sober morals, love to our excellent civil constitu-
tion, and cordial loyalty to the most illustrious head of it ? The
impartial world, I trust, will think more favourably of them, and
cease from reproach, till they find that in the spirit and way of the
Presbytery which may justly denominate them sectaries in religion,
or the incendiaries of their native country." *

In reply to this " History of the Assembly 1766," there
appeared at Glasgow, " Observations on the Letters pub-
lished by the Rev. Mr Baine" in three letters to him, (of
date Jan, 28, 1767.) The signature is Philalethes, a de-
signation sometimes assumed, in his anonymous productions,
by Mr Thomas Walker., then minister of Dundonald ; but
whether it he referable to him in the present case we have
no means of ascertaining. The following is an extract from
the first letter : —

" Your reasons for demitting your charge are three : — 1. ' They
do not know how far I am advanced in life, who see not that a
house for worship so very large as the High Church, and commonly
so crowded, must be very unequal to my strength.'

" Now, Sir, how did prudence dictate this ? or how can charity
itself construe itj? You afterwards tell the Presbytery you had
accepted another charge ; and they, and all mankind, were soon to
see you ministering in a place of worship, if not fully equal, yet
certainly of great extent, where old age and decayed strength may
still complain, and the rather, that in the place you left under these
infirmities, your afifectionate congregation had provided you a stated
helper, besides the access you had from your situation to occasional
assistance ; advantages, you well know, you have not now under
your gro^ving infirmities. I must therefore think you extremely
unfortunate in this your first reason for giving up your charge at
Paisley, and fear that impartial men will hardly be brought to say,
it is only weak.

" Neither can I admit your second to be a better ground for the
step you have taken. In it you complain of ' the heaviness of your
burden, by being denied a session to assist in the common concerns
of the parish ; that this became intolerable, when, by the unhappy
issue of a process, your right to it was taken away, and twelve
members of session were drove away.' All this is afterwards en-
larged upon, where you expostulate, ' Was I to sink under the in-
tolerable burden, of which my superiors were bound to ease me,

t Mr Baine became minister of the Relief Chapel in Nicolson's Park, in the
suburbs of Edinburgh. It was opened on the 12th January 1766, and he was ad-
mitted on the 13th February. He was succeeded in the High Church of Paisley
by Mr George Muir of Old Cumnock, of whom there is a notice in the Christian
Instructor for April 1838.

1766.] CASE OF BAINE OF PAISLEY. 325

and vvbicb I sought before all the judicatories of the Church, and
was refused ?' Admitting the truth of all you have said on this
point, what, I pray you, has it to do as a reason for demitting your
charge at all ? far less, as you now set it forth, as a part of your
apology to the world for leaving the Church of Scotland, and going
into a separate society for the exercise of your ministry ? Let us
consider : — You were denied a session to assist in the common
affairs of the parish ; but is this precisely fact ? Was there not
indeed a constituted session, where the common concerns of your
parish had the advantage of being duly attended to ? Was there,
in reality, any point of order or discipline with you, that stuck
merely at this, that there was no session to direct and rule in it ?
A stranger (and the world in general is so) to the particular affairs
of Paisley, would imagine this was your hard situation there. But
it was not so. There was a session, you must o^m, ' But it was
not my oxrn session, i. e., where I presided, the particular s3Ssion of
my congregation : it was that of the town, where others interfered.'
And is this all ? Alas, Sir, was not this the situation of all the
great towns in Scotland at the Reformation, called in Edinburgh
and Glasgow the general sessions to this day, and to this very hour
the constitution of many very considerable places, where the churches
and ministers are more numerous than in the towni of Paisley ? That
this is the preferable way might be argued from the acknowledged
principle of safety being in the multitude of counsellors. But
however that may be, I dare say you are the first man who ever
thought its not being so, a good reason for demitting a charge.

" But ' their right (in choosing a clerk) was taken away.' To
avoid unnecessary dispute, admit this to be contrary to the original
right of any society, and in a Christian one, Erastiaaism ; yet, if
you consent not, but oppose the encroachment to the utmost, the
crime can never be imputed to you, and the whole world will ac-
quit you. But it is a grievance. Allow it : it is properly so in
the election only : for if the officer so chosen failed in his duty, it
was still as entire to you to have recourse against him for his mis-
conduct, as it would have been if he had been chosen ever so regu-
larly. The great ends of the office were secured.

" But it was intolerable, as twelve elders upon this gave up their
charge, and you had a very small proportion of these officers for
your numerous congregation. Without charging you with infusing
or raising the spirit which drove them to that step, it is asked, Were
there no other proper persons in the parish to have supplied their
places ? or wU the minister who succeeds you find none to under-
take the office ? I doubt you will not hazard the question upon
that foot ; and yet, if it so falls out, what becomes of this ground
of demission ?

" It was ' an additional weight in this burden, that the session's
right was given up, some will say betrayed, by others who ought
to have defended it ; for, in any society where candour is thought
to be gone, confidence must die.' Still, taking things here in the
very worst construction, will all this bear the weight of a demission ?
E e

326 ANNALS OF THE ASSEMBLY. Ql766.

Must Christians, must the ministers of Christ, have all things to their
wish in the stations where providence has placed them, or otherwise
desert ? Do you find this in the New Testament, or in the practice
of the most faithful followers of Jesus Christ ? Does he not warn
the apostles themselves, that he was to send them forth as sheep
among wolves ? And, in like manner, did not the apostle Paul say
to the elders of Ephesus, ' I know that after my departure grievous
wolves shall enter in among you ; and of yourselves shall men arise
speaking perverse things ? ' And does he not say of himself, that
he was ' in perils from false brethren ? ' But, on such occasions,
did he ffun away, or encourage others to do the like ? Quite the
contrary ; and you know it is under heavy threatenings from Jesus
Christ if they do. The more false those that troubled you were,
and the greater danger there was of your affectionate people's being
torn in pieces by a new unhappy settlement, fthough, without thanks
to you, this may have been prevented by a kind providence,) the
more you have offended by exposing them. In this point of view,
the heavier their burden was, the more forcible were the reasons
for your staying \\dth them, bearing with patience, and, for the sake
of the Lord and his people, labouring and not fainting, as the faithful
servants of old did, — even when men calling themselves apostles
were tried, and found to be liars. And you was still the more
bound to do so, that in your situation there were many alleviations ;
— you had a church to yourself, and an affectionate people, and no
man interfered with you in doctrine or in ordinances. You did run
wellf who did hinder you ?

" I acknowledge you point at one thing, in illustrating this rea-
son, that goes deep : * Contrary to my real and declared persuasion
as a Presbyterian, was I to be a member of a kirk-session where no
man can sit quietly but upon Erastian principles?' From the con-
nection, T take quietly to belong to conscience ; for the question was
now decided before the highest courts, and before them you showed
yourself free of all tendency to cul|)able quietness. But you could
not, with a good conscience, be a member of the session of Paisley.
Now, I desire to be very tender of conscience, and by no means to
judge that of another. He may be weakly, very weakly, persuaded ;
yet, if he be truly so, let him, for me, act accordingly, knowing if
he acts otherwise, it is sin. If, therefore, it was a matter of con-
science wnth you, as against your real and declared persuasion, to
sit in a court so constituted as the kirk-session of Paisley is, how
came you to sit in it for years ? This is no longer to be called a
grievance, but is indeed your sin : you ought never to have set your
foot in that court after the unrighteous decision, excepting once for
all, in order to have declined being any longer a member ; for, in a
matter where conscience was concerned, you ought to have done
your duty, and taken the consequences.

" The last reason of demission is set forth in these terms : —
* The late abuse of church power, inconsistent with humanity, and
with the civil and religious interests of the nation, &c., the church
constitution fundamentally overthrown, Assemblies assuming a legis-

1766.1 CASE OF BAINE OF PAISLEY. 327

lative and dispensing power, exercising an imposing spirit, without
necessity, and with great rigour, in settlements,' &c. ; and there-
fore you demit your charge at Paisley, and accept another.

" I do not judge it necessary to enter into a discussion ot the
precise truth of these your averments, thinking the argument with
you ought to be taken up on quite another foot ; for I can conceive
a minister having very disadvantageous ideas of our late church ma-
nagement, and yet the question remaining with him perfectly entire
and distinct,— Whether, upon that account, it is his duty, of ^«'«-
self, to demit his charge, and forsake the Establishment altogether {
''' However oppressed congregations may be at liberty to seek
relief out of the chm-ch to which they belonged, when all hopes ot
finding it in her bosom are at an end ; yet you were still bound, by
your ordination engagements, to have kept your place, when neither
from your congregation you had received any offence, nor by the
judicatories of the Church you had been called to act in any incon-
sistency mth your vows, or the idea you had originally formed ot
her constitution ; nay, when oppression was so far from touching
you, that nobody ever heard of your zeal's being hampered, in rea-
soning openly, opposing or protesting publicly, against whatever
acts in her courts to you seemed to be wrong.

'♦ In two cases alone would I admit separation to be lawful :
First when in conscientious searching the Scripture, it appears to
a minister that the constitution of the church he once thought well
of is not agreeable, or contrary to this infallible standard ; and that,
on this account, he, with a good conscience, can no longer remain
a member of it, but desires peaceably to depart. Before God and
man, such minister is surely to be absolved for folio wmg the tair
light that now shines within him. Accordingly, had you been ot
the sentiments of some, and as 1 hear, of the most considerable of
your present congregation, who are truly of the Independent per-
suasion, and who, on that very account, have declined the office ot
eldership with you, and who, very consistently wth their principles,
have long been desirous of a meeting separate altogether from the
Establishment, I should not have blamed you. But your sentiments
are different, as you every where declare that you consider your
vows binding to support the Church of Scotland, and still love her.
And while you retain these, you must be condemned in so publicly
and ardently endeavouring to influence both ministers and people to
come into the way of Relief, wondering that other worthy ministers
follow not your steps ; for surely this is not the way to fulfil vows,
and to support the Church : on the contrary, is it not the way to
ruin her, by draining away that strength by which it can only be
hoped she can ever be revived to her former beauty and usefulness I
Is not this calculated to weaken the things that remain, and that
are ready to die ? The sooner to die, that you would so much dram
her vitals ? Some secessions, I own, have had other tendencies.
The one at Rome, in her 259th year, had great eff'ects. But then
the whole Plebeians were iu it to a man, without whom the State
could not exist. And you indeed seem to have an eye upon this

328 ANXALS OP THE ASStMBLY. [t766.

SO desperate remedy, when, in the end of your letters, not without,
as I think, a little of the air of fleshly wisdom, you pompously set
forth the numbers of all dissenters, in hopes of their formidable
union against the Church. But alas, Sir, your policy here is quite
mistaken : there are still enough, I am afraid, unalarmed at all dan-
gers, remaining, to answer the name and purposes of an Establish-
ment, and who still make the body of the people, however unwor-
thily or unconcernedly they sit still under their grievances, and are
greatly fitted, by their tame spirit, to the purposes of designing
men.

•• On the other hand, you ought to observe, that partial secessions,
though they may please at the time, be the causes of them what
they will, better or worse, like weak lebellions, ever establish more
strongly the prevailing party. Thus the secession in the parliament
1641, effectually made those who remained at London to triumph.
As you seem not averse to policy, this very consideration, were
there no other (and there are many besides,) might make you cease
to wonder that other ministers in the Church, whom you seem to
hint at, follow not your steps. Who these may be I know not, nor
the situation of their minds in the present state of things. But it
requires no deep discerning of spirits to guess, if a man follows rea-
son, that ho\vever dissatisfied he may be with many measures lately
taken, he will see it still to be wise to abide in the post providence
hath assigned him, do his duty, and be ever ready for what occasions
God may offer for serving his country and his church according to
its good old constitution, — supported, in the meantime, by this con-
sideration. That the Lord hath often, by few and inconsiderable
instruments, caused Zion to arise when she hath been low, and that
when the time to favour her is come, it is most likely those shall
be so honouiably employed who are found in the way. But how-
ever that may be, they would not desert their stations, unless some
unlawful act is required by their superiors, turning the question to
this, Whether it is right to obey God or man ?

" In this situation, if indeed they change places, their doing so is
not so properly their own act as that of their oppressors, who by
their severities cast them out. And this pen had never drawn a
stroke against you, had such been the ground of your leaving the
church and the congregation you was united to. So far from con-
demning, I should have judged your conduct very laudable, and that
in the measures you have taken, you fell to be acquitted at the
hands of God and man, yourself having reason of thankfulness that
it was given to you, not only to believe, but to suffer for the name
of Jesus,

" With respect to yourself, I still charitably desire to believe you
have done what you thought was right, though, by what 1 have said,
you see, I cannot think you justifiable in it. But in this poor world,
it is to be expected men will see things in different lights ; and this
is our comfort, that God overrules all for the best. Only, in your
future conduct, take it not in ill part that I counsel you — to lay
aside all bitterness, wrath, guile, envy, and evil-speaking. You are

1706.1 OVERTURE ON SCHISM. 329

a man of like passions with others. Yonr situation is that of temp-
tation to anxiety, to partial representations of persons and things ;
and we all ought to be on our guard, not being ignorant of the de-
ceitfulness of our own hearts, nor of Satan's devices. Study things
that make for peace, and that edify. Exaggerate not offences, but
as love dictates, (though I say not you should, or can be blind,)
put the best construction truth can bear on the conduct of others.
It is the way to sweet peace, and it will be ever true, that in recto
deem I am," &c. " Philalethes."

The report of the committee appohited by the last As-
sembly to consider of the overture relating to the causes and
growth of schism,"* was taken into consideration on Friday
the 30th. That day's sederunt was a very long one, the
court having met at ten o'clock, and having sat till about
nine at night. After a very long and deliberate debate, the
Assembly agreed, without a vote, to pass from that part of
the committee's report respecting the remit to Presbyteries
to inquire into the number of meeting-houses ; and as to the
remaining part of the overture, respecting the abuse of the
right of patronage, and the appointing a committee to cor-
respond with Presbyteries, and gentlemen of property, for
remedying so great an evil, a vote was put, Approve, or
Reject ? and it carried Reject, 99 to 85. Therefore, the
Assembly rejected the overture and opinion.

For the following account of the debate we are indebted
to a correspondent of the Scots Magazine (Vol. xxviii., p.
337.)

" It is common, on setting out in an undertaking of this
kind, to begin by professions of impartiality. These I wholly
omit, as well knowing hoAv little credit is commonly given
to them, and sensible how very ridiculous they must appear,
if, after all, the writer appears to have taken a side. One
thing only I must premise further, that having heard a great
deal on the subject in private companies, as well as in the
house, it is impossible, at this distance, to be certain that a
sentiment or expression may not be inserted that was not
thrown out in the debate, but has been gleaned up in conver-
sation. The reader, however, may rest assured, that the
whole of the following account is repeated, and not invented ;
the reasoning on each side being taken from the members of

- See pp. 305, 311, 320, note.
E e 2

330 ANNALS OF THE ASSEMBLY. [^1766.

Assembly either in or out of doors, and as little as possible
of the last kind.

" The overture itself consists of a short narrative as to the
increase of secession, and these propositions: — 1. That the
Assembly should appoint an inquiry into the fact. 2. That
as the abuse of patronage has been one great cause of
schism, they would consider what methods may be employed
to remedy so great an evil. 3. That they woidd appoint
a committee to correspond with Presbyteries and gentlemen
of property and infuence, and to report.

" The debate was opened by the moderator of the pre-
ceding Assembly,"'^ who spoke, as he always does, with great
strength and propriety, and with very much dignity. He
stated the fact as to the numbers who had separated from
the Church of Scotland of different denominations — the pro-
portion they bore to the whole — the continuance and increase
of separation every year — the unhappy consequences of it
both in a spiritual and temporal view — the obligation upon
the General Assembly to endeavour at least in some degree
to remedy it. He then took notice of the abuse of the law
of patronage ; showed how it might be, and had been, abused
by patrons ; but particularly insisted, that he did not under-
stand the abuse of patronage meant in the overture to be
confined to patrons, but that it had been abused by the church
courts in many respects ; and that if they desired reforma-
tion, they ought to begin at home, and do every thing within
their ov.n sphere in a legal and constitutional manner to
promote it. He complained of the unjust and slanderous
representations which had been made without doors of the
designs of the friends of the overture, as if they were mad
unreasonable men, of fuiious tempers, and enthusiastic prin-
ciples, who intended to bring every thing into confusion both
in Church and State ; he declared, that he knew none but
who desired to be determined in their judgment by cool and
rational principles, to conduct their designs according to law
and good order, and to attempt nothing towards an alteration
of the statutes now in force immediately, nor at all, miless
they could convince gentlemen of rank and property, that it
was their own interest, and that of their country. He then
concluded in favour of tlie overture in all its ])aits.

" The question being thus stated, were I to attempt giving

_^ 9

* Dr Oswald of Methven.

1766.] DEBATE ON SCHISM. 331

an account of the speeches on each side alternately in the
order of time, and the reference in the manner of expression
to what had been most recently thrown out by others, the
summary given of every particular speech would appear very
defective, and yet the argument in general would be by far
too diffuse ; and therefore it seems most proper to collect
and digest the chief topics which were insisted on against
the overture, and then the substance of the answers made
to them, and the arguments used in its support.

" An attempt Avas made, near the beginning of the de-
bate, to persuade the Assembly, that it was not public spirit,
but private and factious designs, that had given birth to the
overture. This was done by an eminent member,* reputed
to be the head of the majority. He told the Assembly, That
there Avere two Avays of coming to the knoAvledge of AA'hat
Avas intended by any measure proposed ; one Avas, from the
arguments openly used in court to support it ; and the other,
from reports of out-of-doors couA^ersation : That the last of
these Avas often more to be depended upon than the first :
That by this surer channel of information he Avas given to
understand, that the spring of this attempt Avas envy and
resentment against him in particular, and the measures he
had supported. He Avas then pleased to make a very hand-
some encomium on himself, and his conduct in the manage-
ment of public affairs ; not Avithout some reflections against
a certain class of those Avho opposed him. This last was
done very nearly in the folloAving Avords : — ' I see many
gentlemen here, moderator, aaIio have ahA-ays uniformly dif-
fered from me as to the expediency of public measures :
these I regard and esteem as honest men, because they are
consistent. But AA'hen I see men at one time promoting one
set of measm-es, and at another espousing the opposite, per-
haps as one ministry or another prcA-ails at Coui-t, I must
heartily despise such dishonourable truckling.' The remain-
ing part of his reasoning Avill afterwards come in under the
different heads of argument used on this side of the question.

" 1 . One of the first of these arguments Avas, That the over-
ture Avas funcUtus absurd, and ought to be rejected in the
lump, because the evil complained of in it Avas not an evil.,
])ut, on the contrary, a great beauty and advantage : That
•<\& in the works of nature, for example in a bed of floAvers,

* Principal Robertson,

332 ANNALS OF THE ASSEMBLY. (_1766.

great part of the beauty arises from the variety in shape,
size, and colour ; so, in the moral world, the differences of
opinion in religion, the various sects, and opposite modes of
worship, constituted a remarkable beauty in the system
upon the whole.

"2. It w^as alleged by one who did not seem to diifer
much in opinion from the author of the last argument, That
if schism was an evil, it was a necessary evil, and absolutely
incurable : That there always had been, and always would
be, divisions in the Church : That the minds of men were
of so different makes, their education, and the train of ideas
to which they were accustomed so different, that it was im-
possible to prevent contests and animosities on the subject
of religion : That the means used to cure this disorder in all
ages, had generally increased it ; and therefore that nothing
of that kind ought at any time to be attempted.

" 3. It was again and again insinuated, That the overture
had a tendency to persecution : That though it pretended to
disclaim any thing of this kind in words, yet, if it succeeded,
it w^ould certainly in the end have this effect : That the over-
ture proposed an inquiry into the number of separating meet-
ing-houses, and their situation ; which very much resembled
the orders of Government issued in some tyrannical reigns,
to take up exact lists of conventicles and separating societies,
in order to their being subjected to the rigour of penal sta-
tute. This seemed to be dwelt upon with some pleasure ;
and many things were said in praise of the Seceders, as ho-
nest and peaceable men, and in particular of the most unsus-
pected loyalty to the present Government, which they had
supported in the year 1745 with uncommon zeal.

"4. It was strongly urged, That to appoint Presbyteries
to make an inquiry into the truth of the facts presumed in
the overture to have taken place, would be attended with
the worst of consequences. It could not be supposed that
members of Presbyteries would be unanimous, either in their
obedience to such order, or in the manner of carrying it into
execution. This would make their meetings scenes of con-
tention, and occasion the greatest uncertainty in their report :
That perhaps the account sent of the progress of schism, and
its causes, from one corner of the Church, would be directly
opposite to that sent from another. At the same time it was
observed, that making the result of this inquiry public, and
pointing out the places where, and the times when, the se-

176G.] DEBATE ON SCHISAf. 333

veral meetinj^-hoiises were erected, would be extremely in-
vidious and disagi-eeable, for the most obvious reasons.

" 5. It was observed, That there was only one cause of
schism mentioned in the overture, viz., the abuse of the pa-
tronage act ; but that it was no way certain that this was
either the only or the chief cause of it. One great cause of
it was mentioned, and l^id to the charge of the opposite party,
viz., instilling into the minds of the people that they had a
divine right, purchased to them by Christ, to choose their
own pastors ; M'liich imaginary right had taken such posses-
sion of them as had made them quite untractable ; so that
they refused submission to the pastors settled among them
in an orderly manner. Here occasion was taken to inveigh
severely against the unreasonable prejudices and obstinacy
of the common people. Instances were mentioned of their
opposition to persons of the greatest ability, and most unex-
ceptionable character, merely because they had accepted of
presentations. To this also it was alleged they were gener-
ally stirred up by the conduct of Presb)i:eries, or by the artful
insinuations of particular ministers.*

" 6. There were some who scrupled not to give it as their
opinion. That patronage was the best way of settling churches :
That the nobility and gentry, in whom the right of present-
ing was usually vested, must be presumed the best judges of
the qualifications of ministers, and were naturally entitled to
that distinction by the eminence of their station : That if
the election were in the common people, they would be easily
carried away by men of superficial rather than solid talents ;
one candidate would be set up against another, and the ani-
mosity of the contending parties would occasion infinite tu-

* The Reporter says : — " I have purposely omitted, in the above
narrative, such causes of schism as were evidently ludicrous, and
received ludicrous answers ; and shall here only mention one as a
specimen. One gentleman said. That by what information he could
get, many people went to seceding meeting-houses for no better rea-
son than because the seats were cheaper there than in the church.
To which it was answered, That the fact was directly otherwise,
the seats in meetings being commonly dearer than in churches ; and
further, that it might be demonstrated that it was not to save money
people seceded, for the Seceders would often build a house from
the foundation, and settle a minister, in a poor country, on the
side of a hill, before the heritors of a parish could be prevailed on
to mend a broken pane in a church window."

334 ANNALS OF THE ASSEMBLY. [1766.

mult and confusion. On the contrary, it was observed, that
the law of patronage, when supported by uniformity in the
decisions of the Church, always produced peace and good
order, as in our neighbour Church, where nobody thinks of
making any opposition to the person presented.

" This being indeed the hinge of the cause, Avas most la-
boured by the speakers on both sides. The eminent doctor
formerly hinted at, favoured us with a sketch of the history
of patronage in the Church of Scotland, with a particular
view to show its happy influence on the characters of minis-
ters. He told us. That at the Revolution, and for a con-
siderable time after it, the ministers of the Church of Scot-
land were sober and pious men, but of mean abilities, and
little acquaintance with the world : That about the end of
Queen Anne's reign, patronage was re-established in a man-
ner well enough kno^ATi ; and after that, young gentlemen
intended for the ministry endeavoured to accomplish them-
selves by a more free and liberal education, and such quali-
fications as might render them acceptable to the politer part
of mankind : That if, in attempting this, some of them had
fallen into a few faults on the side of levity, it was natural,
and very pardonable ! That in his opinion, nothing of this
kind had ever happened worth mentioning, or being laid in
the balance with the opposite conduct of others : That no
character whatever was more contemptible in a minister,
than a mean and low desire of popularity among the vulgar ;
and upon the whole, That the Church of Scotland never was
in higher reputation for the characters of her ministers than
at present ; which ought in justice to be imputed to the way
in which public measures had been carried on for some time
past.

" 7. It was very much insisted on, That patronage was
now established by law in this country, and made a part of
our happy constitution : That therefore all opposition to it
was flying in the face of the law, and the present attempt
must necessarily have the efi'ect of encouraging people in
their resistance, instead of teaching them that obedience and
submission which becomes good subjects : That were there
even a greater hardship in it than there is, it is now so fixed
by the late decisions in the House of Peers, that it is im-
possible to evade its force ; nor is there the least prospect of
success in attempting to procm-e a repeal of it.

"8. In support of this argument another was added, That

1766.] DEBATE ON SCHISM. 335

if at any time unworthy or improper men were settled in
parishes, it could not be attributed to patrons, but to the
church courts themselves : That the patron was obliged by
law to present a qualified person, — that is to say, either a
probationer or licentiate of the Church, or a minister already
settled in it. Great use was made of this argument in the
house, as indeed it is repeated in conversation. Gentlemen,
said they, why all this complaint ? You have nobody to
blame but yourselves. The matter is wholly in your o^^'n
hands. In the first place, take care whom 3'ou license ; then
after they are licensed, keep a watchful eye over their beha-
viour. If this is done, it will be impossible for patrons to
make a wrong choice. And as for the opposition of the
people, arising from mere whim and caprice, or from ground-
less prejudice, no regard ought to be paid to it at all ; or
rather, it is your duty to discourage and suppress it.

" 9. There is one part of the overture of which I have
not yet said any thing, viz., applying to gentlemen of pro-
perty and infuence. I confess I was not well able to com-
prehend the reasoning on this part of the subject. I think
the enemies of the overture would have done well to have
taken no particular notice of this clause of it at all, because
it leans entirely upon the two former. Supposing they had
shown it to be improper to do any thing at this time for
lessening the gi'owth of schism, it followed of course, that
there was no occasion for applying to the gentlemen for their
assistance. But it is probable that orators think themselves
obliged to show their ingenuity and invention, by offering
arguments against every circumstance, as well as the sub-
stance of what they have undertaken to oppose. Therefore,
we had a good many declamations, showing it to be a piece
of great indiscretion to gentlemen of rank to make any such
apphcation to them. It was said to be an implied affront,
as if the landed interest did not understand their own in-
terest or duty unless it was pointed out to them by the clergy.
But of this I shall give no further account, because, indeed,
I look upon all that was said upon it to have been thrown
out merely to fill up room, and to make every gentleman's
discourse in opposition to the overture complete and round.

" I now proceed to give some account of the reasoning
in support of the overture.

" To the insinuations made by the learned doctor. That
the overture was intended against him, and his reflections

33:6 ANNALS OF THE ASSEMBLY. [1766.

upon individuals of his opposers, answers were made by
different speakers, with some disdain and indignation : That
they had other and higher things in view, than to point at
any particular person, who might have, or suppose himself
to have, the chief influence in public affairs : That it was
but a poor refage in any question of general moment, instead
of resting on the merits of the cause, to presume and impute
sinister motives to those of the opposite side : That this gen-
tleman had distinguished himself in every diet of the Assem-
bly by personal attacks on the characters of members, which
looked much more like chagi'in and resentment than cool de-
liberation : That as to the charge of inconsistency, now for
the third or fourth time brought out since the Assembly sat
down, it was neither relevant nor true. It w^as said, with
a great deal of seeming justice, If experience has shown that
any measures have been wrong, and are likely to be attended
with hurtful consequences, it is the part of a candid and
honest man to be open to conviction, and to stop in time.
To do otherwise is not consistency, but obstinacy. Besides,
it w^as alleged that there was a great difference in the de-
grees of the same thing ; and that the members intended to
be wounded by the above reflection, never had earned mea-
sures to the same height they had been carried of late. One
in particular, who ^vas so often and so plainly pointed at,
that he was at last obliged to make some reply even to what
was personal, declared. That though he could not deny that
he had a hand in procuring several presentations from the
Cro^vn, not one of them had ever been the subject of a pro-
cess in the church courts.

" 1. As to the argument. That schism was no evil, but
a beauty, it was alhrraed to be one of the poorest deceptions
in reasoning that ever was produced. If truth in opinion,
and unity in affection, be desirable, contradictory principles,
and all the contention that flows naturally from such a
source, must be an e^dl. The liberty, indeed, which gives
an opportunity for different sentiments to show themselves
is a great and invaluable blessing ; but for any one to say
that schism or division, though the consequence of liberty,
is not in itself an evil, or that no remedy should be applied
to it, is the grossest absurdit3\ Many good things, perhaps
every good thing, has some accidental consequences which
are evil ; but would it not be madness to say, that because
they spring in part from a cause that is good, nothing should

17^)0.] DEBATE ON SCHISM. 337

be done to remove or alleviate the hurtful effects ? Deep
and broken roads are a certain consequence of the populous-
ness and commerce of a country ; but what pretty reasoning
would it be to say, that deep roads,' on this account, are a
great beauty, and therefore nothing ought to be done to re-
pair them.

" 2. Much of the same strain was the second argument.
That if schism was an evil, it was a necessary evil, and ab-
solutely incurable, ^"^hicli is just as if a man should say,
There will always be diseases, therefore there ought to be
no physicians. The above two arguments, it was often said,
deserved no answer ; and yet they received a great many,
there being scarce a speaker in favour of the overture who
did not introduce himself AA-ith an expression of contempt
or displeasure at such ridiculous propositions. The truth
is, I greatly suspect, that these things Avere not said from a
conviction of their truth, or from any hope of being able to
persuade by their eA^dence, but thrown out in the beginning
as a sort of forlorn hope, to keep the enemy in play and
exercise, or tire him a little, before they should come to a
closer engagement. In this view, I believe, they answered
their end ; and, though they brought no credit to the speak-
ers, were of some little benelit to the cause.

" 3. As to the charge of persecuting the Seceders, the
friends of the overture complained of it as injurious to re-
peat this allegation so often. They could hardly think their
opponents sincere in producing such an argument, as it was
well known that none of them had ever shown a disposition
of this sort : That, on the contrary, they had uniformly and
openly supported the right of private judgment, and opposed
every attempt to bear hard upon the consciences of others
in the exercise of church power : That they had the greatest
tenderness and regard for the Seceders, and showed it in
every part of their conduct ; — at the same time, that they
could not help lamenting the separation, which did in their
case, as in others of the like kind, frequently introduce nar-
row and bigoted sentiments in religion, as well as fierce and
uncharitable debates upon matters of little moment : That
the Seceders now brought up for the ministry must have but
a very confined and defective education, and therefore it
could not be desirable to commit the care and inspection of
the people to ignorant and insufficient men.""" But above

* " I am informed that some persons have given out of the mem-
Ff

.338 ANNALS OF THE ASSEMBLY. LlTGf).

all, that there was a peculiar injustice in the charge of per-
secution in 'the present instance ; for it appeared, ex facie
of the overture, and every hodj knew, the design of it was,
if possible, to take away the cause of secession, by remedying
ill ourselves those very things of which the Seceders com-
plain.

''' 4. That part of the overture which proposed that Pres-
l)yteries should be appointed to inquire into the number of
separating meeting-houses, seemed, after some time, to be
fallen from by consent. The fact, it "vvas said, was abun-
dantly notorious, and every member of the Church of Scot-
land must have so much general knowledge of it as was
sufficient to induce him to agree to the substance of what
was intended.

"5. It was agreed by the friends of the overture, That
there might be other causes of schism besides what is mainly
pointed at ; and that accordingly they had not called this
the onl^i^ but one great cause of the disorders that had hap-
pened. They mentioned particularly relaxation of disciphne,
as what might be justly complained of, and what they hoped
the Assembly Avould take into their serious consideration,
and set an example to futm-e Assemblies by the vigorous
exercise of it in some cases that were to come before them ;
but that as they could not help thinking that the relaxation
itself was in a good measure owing to what they had pointed
out, so it was a thing manifest, and beyond all question, that

l)er who reasor.ed in this nitinner, that he said the Seceders brought
up their people in ignorance and vice. I am not able to recollect
that he said aiiy more than what is inserted above ; and thus much
he might be allowed to say, without the least degree of malevolence
to the Seceders, oi contempt of the principles of the Secession. I
have heard some of themselves candidly own, that they are at a
great loss in the education of their students ; and it is impossible
it can be otherwise. Excluded in a great measure from the uni-
versities, and either not having, or not choosing to have, the op-
portunity of general converse with men of letters, and never hearing
any preachers but their own sect, it is of necessity that their edu-
cation must be defective. It is the case with all others in their
circumstances; and is very justly brought as an argument against
such measures as render secession either necessary or eligible. Let
the Seceders also remember, that the argument was general, and
did not reflect upon particulars. It is probable the member who
used it is persuaded, there are among them men of piety, ability,
and learning, notwithstanding all their disadvantages."

17^)0.] DEBATE ON SCHISM. 339

patronage?, in the manner in whiili it had heon exevciserl,
was the chief and immediate cause of tlie erection of all or
most part of tlie meeting-houses tliat liad ])een l)uilt in Scot-
land : That this was not a matter of conjecture, but the rea-
son openly professed for the building of such houses, by
those who were concerned in them. And who has not seen
many examples of whole parishes going oif at once upon a
disagreeable settlement taking place ?

" It was denied that any minister now alive could be
justl}'^ charged with instilling false principles into the minds
of the people as to their right in calling their pastors : That
the meaning of this phrase deserved well to be a little at-
tended to, for it was capable of two senses : That it might
seem to relate to the natural right which every man has to
choose or judge for himself in religion, and every thing be-
longing to it ; and therefore, in particular — to choose his
own pastor, to whom he was to cornmit the care of his soul,
and on whom he was to depend for daily instruction and
comfort : Or, 2. It might relate to the question, Who had
a right in fact, or who ought in justice to have the right, of
calhng a parochial minister upon an Establishment ? That
in the first sense it belongs to every individual, no consistent
Protestant will perhaps be hardy enough to deny. And in
the second, perhaps it mil be as difficult to find any body
who ever asserted it. Who has the power at present among
us, being a matter of fact, and not of right, depends upon
the statutes now in force. Nay, though a new law were to
be made upon the subject, probably nobody would plead for
every adult inhabitant having an equal share, because such
a seeming equality would be a real inequality. But at the
same time it is certain, that where any power of judging is
left to us, such regard ought to be had to the general prin-
ciple, as to promote the end of settling a Gospel ministry ;
which undoubtedly is, the edification of the people within a
certain district. When this end is not answered, men may
say or think of it what they please, but it is just so much of
the public money entirely thrown away.

*•' As to the prejudices of the people, it was said, that
though neither they nor their betters are without prejudices
of dilFereut kinds, yet the time was long passed in which
they excepted against any man merely for his getting a pre-
sentation. When a man is presented with whose doctrine
and life they are well satisfied, the presentation giving him

340 ANNALS OF THE ASSEMBLY. [1766.

a right to the henefice is never quarrelled. How many in-
stances might be given, and those very recent, of whole
parishes uniting to supplicate their patron for a presentation
in favour of a minister of whom they had an high esteem ?
So that, if ever there were any such childish prejudice as to
be offended at the very name, it is plain that it has not at
this time any existence.

" As to the stale complaint, of opposition being raised or
fomented by Presbyteries or ministers, nothing could be more
easily refuted by experience. Many instances might be given
of the most uncomfortable settlements, where all possible
pains had been taken by the Presbyteries of the bounds to
reconcile the people, and where every body knew it was both
their interest and inclination to do it effectually, if it had
been in their power. But however innocent they were in
this matter, it was said they despaired of being free from the
false accusation ; for it was abundantly sufficient in the eye
of many, to accuse a minister of fomenting an opposition,
unless he would fairly give up all his own professed prin-
ciples and openly embrace theirs.

" 6. As to the expediency of settling churches by presen-
tations, it was said. That both the reason of the thing, and
daily experience, showed the unhappy consequences of en-
forcing them in the rigorous and tyrannical manner they had
been of late : That it was natural for patrons to look upon
the right as merely a piece of civil property, and accordingly
to dispose of them so as they might best promote their pri-
vate interest : In former periods, indeed, considerable regard
was paid to the inclinations of gentlemen of rank and influ-
ence in the parish, but now this was entirely laid aside :
That there had been discovered some very scandalous ways
of obtaining presentations, and many more were strongly
suspected : And if things went on in the present chaimel,
the same practices would prevail to a degree still more open,
more offensive, and more hurtful.

" Could it be denied, that when a presentation absolutely
secured a man's settlement, whatever was liis character among
the people, it would make students and probationers much
less watchful and circumspect in their behaviour ? This was
the more to be regarded in our Church, which, Avanting the
splendour of dignities and revenues, could only obtain or
preserve respect ])y the purity and regularity of the clergy :
That there were too many instances of our falling short of

17()6'.] DEBATE ON SCHISM. 341

our fathers in these particulars ; and as the effect was mani-
fest, the cause was not hard to discover.

^* That we need but open our eyes to see the bad effects
of the present measures : Whole parishes scattered, the mi-
nisters hated or despised, and rendered utterly useless either
in a civil or religious capacity. What instruction can a
minister give to those who will not hear him ? What au-
tliority can he have over those who despise him ? What
comfort among those that hate him, unless he become wholly
indifferent about his work, and warming himself with the
fleece,'give up all care of, or attention to, the flock ? How
far this is the case with too many already, the world is at
liberty to judge.

•• As to what Avas alleged. That enforcing presentations
A\ ould produce peace and good order ; it was only such peace
as Nvas to be seen in tyrannical and arbitrary governments :
That wherever there is liberty, there is greater apparent dis-
order in public proceedings than where tyranny prevails, but
at ;he same time much more comfort and happiness: That
any tumult or confusion in elections, where the parish has
been consulted, was only occasional and temporary ; and,
when one agreeable to the plurality was settled, did always
speedily subside, and good order, properly so called, did im-
mediately succeed.

" On the other hand, what is the conset|uence of en-
forcing presentations with rigour ? People despair indeed
of making resistance, and so do not follow^ the cause from
one church com-t to another ; but at the same time they re-
fuse submission to the presentee, whom they leave to preach
to empty walls, and wander about from parish to parish, or
build a meeting-house, and call a minister from any of the
parties that have separated I'rom the Church which they
think proper. So that truly the peace or good order boiisted
of under the influence of presentations is well described by
an ancient writer, who complains of the rulers of his own
times in the following words, — Salitudinemfhciunt^ et pa-
ce in vocant.

'' As mention had been made of the neighbour Church
of England, it was observed, this was no way favourable to
the cause of presentations. There, v»^hoever is presented, be he
of ever so immoral a character, is indeed ordained without op-
position, but the consequence is, that the parishes are shame-
fully neglected ; and the common people in England of the
F f 2

342 ANNALS OF THE ASSEMBLY, [1760.

Church persuasion, are perhaps more ignorant and profane
than the members of any Protestant Church in the workl.
Can any man desire to reduce us to a similarity with them
in this particular ? Surely not ; and yet patronage conti-
nuing on its present footing, is the high road to lead us to
it. It is in vain to hope to make men indifferent about their
ministers till they are indiiferent about religion itself. The
last may be sometimes without the first, but the first never
was, nor ever will be, without the last,

••' It was also much insisted on. That as the present me-
thod of planting churches is contrary to the interest of reli-
gion, so it is also contrary to the civil interest of the country,
and the revenue of the gentlemen of property. No fewer
than 120 meeting-houses are already erected in this small
country, and new^ ones building every season. Experience
shoAvs, that w^here men are in earnest about religion, they
w ill spare no cost to obtain the means of it. This wall ex-
haust the lower class of people, and render them less able
to pay their rents, or to advance them higher ; so that every
new establishment of that kind is ultimately a tax upon land.
Take it which w^ay w^e please, it must be a great injury to
the public. If, on the one hand, the people fall into indif-
ference about religion, they will be brought up in ignorance
and vice ; than w hich nothing is more immediately destruc-
tive of industry in every branch, whether of agriculture or
manufactures. JMen of higher rank may so far supply the
want of religion by a sense of honour, or other worldly prin-
ciples, as to serve their country and themselves ; but the
common people, when they are irreligious, are almost con-
stantly idle, and poor at the same time. On the other hand,
if they retain their religion, and are obliged by their treat-
ment "in the Establishment, to set up separating meetings,
it is unnecessarily saddling the country with an immense
charo-e ; wdiile the Established ministers are buckled to the
stipends, without any w^ork, and appear in the contemptible
light of so many wens or excrescences on the body-politic,
eating its nourishment, and hurting its peace.

" I must not omit an observation made. That violent set-
tlements prove the greatest injury to the poors' funds in the
parishes where they are made. This, said they, is a circum-
stance to which the landed interest ought to pay the greatest
regard. At present, the poor in Scotland are maintained by
the voluntary contributions of the people, managed at no

17(jf).] DEBATE ON SCHISM. 'S4-'-l

expense, and with very little, if any, suspicion of fraud. But
if the evil spread, and the greatest part of the congregations
through the country, are driven away from the Established
Church, the poor must starve, or the heritors must maintain
them by a voluntary taxation. This in a little time would
probably be so ill executed, that it would issue in an act of
parliament for a poors'-rate, similar to that in England ; and
we all know that there they complain as heavily of the ex-
pense of the poors'-rate as of any imposition under which
they labour.

" The history given of patronage, and its effects, did not
})ass unnoticed. It was observed, That from the Reforma-
tion downwards, the friends of the Presbyterian Establish-
ment always considered patronage as unfavourable to, or
rather inconsistent with, that form of government. As there
was a constant struggle before the Revolution between Pres-
bytery and Episcopacy, so it might be said, almost without
any exception, that Avhen Presbytery prevailed, patronage
was either wholly abolished, or greatly restrained. At the
Revolution, in particular, it was taken away by the act of
parliament 1690 ; and the restitution of it in 1712, is well
known to have been brought about by the inveterate ene-
mies of our constitution, and to have been intended as a
thrust at its very vitals, though it did not come to have much
influence in. the settlement of parishes till many years after,
and that by slow degrees.

'• The preference in point of character given by the learned
Doctor to the ministers of the present, in comparison Avith
those of former generations, was not only doubted, but de-
nied. For though just at the Revolution, from the penury
of ministers, some of but indifferent abilities might find ad-
mission, yet it was well known, that in the following years
there appeared in the Church of .Scotland a set of men who,
for learning, piety, usefulness, and every truly ministerial
quahfication, have been equalled by few, and exceeded by
none, of the present boasted period. It was also thought,
that magnifying the reputation of the present ministers of
the Church of Scotland savoured a little of vanity, as being
supposed to contain a tacit reference to some late successful
publications, which, whatever evidence they might be of the
ability of the particular authors, must be a very slender
proof, if any at all, of the clerical merit of the Avhole body.
"- 7. To the expression frequently thrown out, That the

344 ANNALS OF THE ASSEMBLY. []1766.

present attempt was a flying in the face of the law, it was
answered, That though we ought to give submission to every
law which is in force, and so far as it is in force, nothing
can be more suitable to the spirit of the British constitution
than to point out the inconveniencies attending any law,
and consider of the most effectual method of getting it al-
tered or repealed. Is it not strange, said they, that any
minister of the Church of Scotland should use such an ar-
gument, when he knows, or ought to know, the language of
the General Assembly in the amiual instructions given to
the Commission. They are authorised and appointed to em-
brace every favourable opportunity of obtaining a redress of
the grievance of patronages. Nor have there been wanting
many persons of the greatest ability, both among the clergy
and laity, who have maintained, that the act restoring pa-
tronages was an infringement of the articles of the Union ;
and therefore, though passed by the Legislature j^f^^" incu-
riam, a fair representation of the matter ought to be laid
before them.

" But what they principally complained of was. That the
law, as it stood, had been made a great deal harder by ec-
clesiastical decisions, than the plain meaning of the statute
w^ould authorise : That the act of parliament 1712 makes
no other alteration in that of 1690, than putting the patrons
in the place of the heritors and elders : That their pow^er
was, to nominate a person, who was to be laid before the
congregation ; who, if they had any objections, might offer
them, and they were to be judged by the Presbytery.* It
is also well known, that no patron can put a man in pos-
session of the benefice without the permission of the Church,
who have the exclusive and final determination of every
such cause committed to them by law. Now it is certain,
that many just and competent objections may be made by
a congregation against a minister's settlement, although they

* The words of the act 1690 are as follows : — " That for sup-
plying with a minister any particular church that shall become
vacant, the heritors of the parish, being Protestants, and the elders,
are to name and propose tlie person to the whole congregation, to
be either approven or disapproven by them ; and if they disapprove,
that the disapprovers give in their reasons, to the effect that the
affair may be cognosced by the Presbytery ; at whose judgment,
and by whose determination, the calling and entering of a particular
minister is to be ordered and concluded."

1766.] DEBATE ON SCHISM. 345

<lo not undertake to prove him unsound in his doctrine, or
immoral in his life His voice may be so weak as to make
it impossible for him to be heard in a laro;e congregation :
lie may be lame or blind, and unfit to undergo the fatigues
of an extensive country parish ; or he may be so poor in
abilities as to be quite unequal to the importance of a city
charge. All these disqualifications have been pleaded, and
others of the same nature, and yet no regard paid to them
at all.

'' It was also observed. That as the Church hath un-
doubtedly a power of decision, even as to the settlement of
a probationer, much more hath it a power of ordering or
forbidding the translation of a minister already settled. This
appears from the very reason of the thing ; for his presen-
tation to the benefice he already possesses is just as legal as
to the other to Avhicli he desires to remove ; and in which
of the two he shall serve the cure, ought to be determined
by reasons of general expediency. But further, this is sup-
ported by the plain grammatical meaning of the act of par-
liament 1719, intended for our relief, but of which we never
received the benefit, fi-om the con*uption of our own courts.
In that act a presentation to a minister already settled, is
declared to be void and null ; and yet some of the most
troublesome and offensive settlements appointed by General
Assemblies have been on presentations of this kind.'""

* The words of the act 1719 are : — " That if any patron shall
preseiit any person to a vacant church from and after the 1st day
of June 1719, who shall not be qualified by taking and subscribing
the said oath (of abjuration) in manner aforesaid, or shall present
a person to any vacancy who is then, or shall be, pastor or minister
of any other church or parish, or any person who shall not accept,
or declare his willingness to accept, of the presentation and charge
to which he is presented, within the said time, such presentation
shall not," &c. There are some, indeed, who, instead of consider-
ing these three clauses as distinct and separate disqualifications,
would interpret the two last as connected together, and suppose
that the acceptance is like an alternative to the preceding, ami takes
away its effect. But this does not seem the proper meaning of the
act, for two jeasons : — 1. If it were, the third clause would be
sufficient of itself, and there would be no necessity for the secoiul
at all. 2 The words will not bear this construction, unless you
suppose that the acceptance would also atone for the presentee's
not being qualified to the Government, which it certainly would
not. — Note by the IiejJort<;r.

346 ANNALS OF Tin: ASSEMBLY. [1700'.

" One thing on this subject, it was observed, gave the
greatest ground of complaint, That while so much pains was
taken to force a reluctant people to comply with a presentee,
not once in a hundred times could the church courts be pre-
vailed upon to try their influence with the patrons by a dis-
creet representation : That this was the more inexcusable,
as in the very few cases in which it had been tried, it had
hardly ever failed of success.

" As to the decisions of the Supreme Court of Judicature
in favour of patrons, they have confirmed the power of the
church courts as to appointing the legal pastor of the parish,
though they have allowed the patron to retain the stipend.
Xow, as this affords the fairest opportunity for treating with
patrons to use their right >\'ith moderation, so it points out
a remedy in the Church's own power for the most difficult
cases. If they were to settle a man agreeable to the con-
gregation, it would be easier for the people to find a main-
tenance for him, to continue during his incumbency, than
to build a meeting, and endow it, and keep it up perhaps
for a century to come.

" It hath been indeed commonly pretended, That it is
indecent to take any legal advantage against a presentation,
and also dangerous, as it may provoke the Legislatui'e to
bind it harder upon us. But the danger is nothing ; for it
is impossible to make us worse by any law than we every
day make ourselves ; and for the indecency, it can appear
in this light only to persons of slavish and dependent prin-
ciples, for in this free country, nothing is more common in
civil causes than to plead every legal exception, and even
every point of form, against the claims of the Crown itself.

" 8. As to the remedy proposed, by taking care of li-
censing probationers, it was observed, that it had been, and
would be, altogether ineffectual ; for it proceeded upon a
supposition, which the present state of human nature plainly
shows to be impossible, \'iz., That the majority of not one
Presbytery in Scotland should ever be deceived, or unfaithful,
in granting a license to a young man. Besides, even this
itself would not do ; for by constant practice we have sus-
tained presentations to probationers and ministers from
among the Protestant Dissenters, both in England and Ire-
land.

" .9. As to the last particular, viz., the application to gen-
tlemen of property and influence, it was said to be a plain

1T()'C).] CASE OF MR LYELL. 347

evidence tliat those ulio proposed the overture had no inten-
tion of doing any thing precipitately, or any thing that was
wild or extravagant in itself. They could not help being
of opinion, that it was one of the highest marks of respect
they could put upon the landed interest, as it flowed from
a persuasion that no effectual relief could be obtained from
the present grievances but by their assistance.

" I shall subjoin no observation to the above account but
one : That I cannot help thinking all the arguments against
the overture were far-fetched, excepting those which at-
tempted to evince that patronage is indeed the best way of
settling churches. If this is not true, then surely to think
at least of some remedy, was exceeding proper. But if it
is true, undoubtedly the overture was justly rejected by the
Assembly. I have therefore been the larger on this point
in both accounts ; and on the strength or weakness of the
arguments on each side, depends the righteousness and ex-
pediency of the above decision."

On the 28tli, the Assembly appointed Mr George Bruce,
minister of 3Iin to, presented' by the Duke of Roxburgh, to
be settled minister^of Dunbar. There w^as a pretty numer-
ous opposition ; but the weakness of Mr Bruce's voice was
the only objection, his opponents professing their esteem for
him as a man of piety, learning, and experience."

()n the 31st, the Assembly took into consideration the
aliair of 3Ir Thomas Lyell. This gentleman was ordained
minister of Lady Parish, in the Presbytery of North Isles,
in 1 754. Some time after, he was accused'by common feme
of indecencies and immoralities. In 1756 his maid-servant
AA as said to be pregnant by him, to have been sent to Edin-
burgh, and there to have brought forth a child, supported
at his expense. In 1762, another servant-maid of his be-
came pregnant, and though he M-as informed by one of his
elders that it was the general opinion he was the father he
kept her in his serWce till she was delivered in his house.
Upon her recovery, having so ordered matters that the child
^vas ascribed to his brother, who then lived in familv with
him, the parties were absolved by him, before two or three

Tlie Synod had refused to proceed to his settlement, referring
the case to the Assembly. Against that judgment an appeal was
taken by the patron, town-council, and other callers.

348 ANNALS OF THE ASSEMBLY. Ql766'.

elders convened for that purpose. In 17C3, tlie S3Tiod of
Orkney found the conduct of this Presbytery to have been
remiss, censured them on that account, and appointed a
committee ; which, joined with the Presbytery, held a vi-
sitation of jMr L^^ell s parish. His parishioners ha^ang ac-
cused him of various enormities, the committee suspended
him. These proceedings having been laid before the Synod,
were referred to the Assembly 1764, and by them to the
Commission, who reversed the sentence of suspension, on
account of irregularities in the proceedings, and remitted to
the Presbytery to prosecute Mr Lyell by a libel in common
form. After this sentence, the three youngest ministers of
the Presb3^tery (in which there are only six,) seemed to fa-
vour Mr Lyell. In August 1764, the two other ministers
applied to the Synod to appoint some members of S}mod to
sit in Presbytery with them, and to dispense with their meet-
ing within the bounds of their own Presbytery, on account
of the age and infirmities of some of the corresponding mem-
bers. This request having been granted, the Presbytery
met at Kirkwall, where a libel, in name of the Presbytery,
was brought in against Mr Lyell, and he was cited to make
his defence against a subsequent diet. The Presbytery met
again accordingly, but split ; and a Synod having been called
pro re nata, reversed the aforesaid appointment. On this
the party of the Presbytery who were against i\Ir Lyell met
again in Presbytery at Kirkwall, and again refen*ed the affair
to the Assembly ; and the other party having met in the
ordinary place, assoilzied Mr Lyell simpliciter.

Meanwhile, Mr William Nisbet, minister at Firth and
Stenness, in the neighbouring Presbytery, that of Cairston,
was reported to have kept as his concubine a married wo-
man ; the clamour against whom had by this time greatly
increased. His Presbytery, and likewise the Synod, had
enjoined him to dismiss this woman from his house. These
injunctions were not, however, properly complied Avith, and
it was suspected that a party in his own Presbytery inclined
to protect him, and that this party were uniting themselves
with the party formed to protect JMr Lyell, so as to make a
majority in the Synod. Thus matters stood when the As-
sembly 1765 again reversed all the proceedings in Mr Lyell's
affair, on account of irregularity ; and appointed the Presby-
tery of North Isles " to begin his trial de novo, upon a
libel in proper form, and without delay."

1 7 CO.] CASE OF MR LYELL. 349

" In the Synod of Orkney, met in August thereafter (1765,)
some of the members intended to have moved the Synod to
inquire why no obedience had been given to this last ap-
pointment of the General Assembly in relation to Mr Lyell.
But a motion having been first made, to inquire what had
been done by the Presbytery of Cairston, in consequence of
an appointment of last Synod, enjoining that Pr. ^bytery to
proceed against the brother charged with adultery, the mo-
derator of the Presbytery of Cairston asserted, — ' That the
Synod's appointment had been obeyed ; ' and being contra-
dicted by three of his brethren, who appealed for the falsity
of this averment to the minutes of Presbytery then in their
hands, a vote was stated. Whether the moderator of a Pres-
bytery was the mouth and voice of the Presbytery in the
Synod ? It w^as carried, by a majority, that he was, and
therefore could not be contradicted, or his assertions any w^ay
disproved by his co- presbyters." * — Mem. for Messrs Trail
and ScoUai/, p. 6.

Matters standing thus, Mr George Trail of Hobister. mi-
nister of Dunnet, in the Presbytery of Caithness, and the
principal heritor in Mr Lyell's parish, thought himself bound
to become his prosecutor. When Mr Trail's resolution be-
came known in the country, which was not till about six
months after the Assembly 1765, the Presbytery of Xorth
Isles was, by their moderator, summoned to meet on the 3d
*of December, " to take under consideration the appointment
of the Assembly in relation to ^Ir Lyell." Mr Trail's letter
was presented at this meeting of Presbytery, signif>ang his
intention to prosecute Mr Lyell, and assigning his reasons.
At their next meeting, Jan. 21, the Presbytery resolved to
libel Mr Lyell themselves, though a libel against him, at Mr
Trail's instance, was presented to them by a procurator, upon
Avhich he required them to proceed to trial. Then Mr Lyell
produced a libel against Mr Jerom Dennison of Noltland,
who claimed to sit as a ruhng elder, and another hbel against
Mr John ScoUay, minister of Crosskirk, charging them with
malice against him ; on which both were excluded. They
refused to admit Mr Balfour, Mr Trail's procurator, to act
before them, on pretence that he had not taken the oaths.

In a paper in one of the causes referred to the Commission,
which shall be taken notice of when we give the proceedings of
that court, this allegation is denied, and the Synod minutes ap-
pealed to for disproving it.

G g

350 ANNALS OF THE ASSEMBLY. [1766.

in terms of the act 1747; * on which he appealed to the
Assembly. The Presbytery, however, framed a libel against
Mr Lyell, and cited him to answer it against the 4th of
March.

The above is taken from a memorial for Messrs Trail at
Dunnet and Scollay at Crosskirk. In a memorial for Mr
Lyell, we have an extract from the minute of the Spiod of
Orkney, of Aug. 1 2, 1763, which was dra^vn up by Mr John
Scollay, moderator, and Messrs Tyrie and Mouat, senior,
bearing, — " That Mr James Tyi-ie, minister of Stromness
and Sand^A-ick, in the Presbytery of Cairston, represented to
the Synod, That it was reported all over the country of Ork-
ney, and elsewhere, that Mr Thomas Lyell had enter-
tained, and does continue to entertain, one Margaret Scot
as his housekeeper, who, since last meeting of Synod, had
brought forth a child in his house, which is nursed in a house
by the side-wall of his garden : That a packed meeting of
two elders and himself, with the clerk, being assembled in
Mr Lyell's ot^ti house, and said Margaret Scot being called,
and compearing, named for the father of the child she was
then pregnant with, David Lyell, a young lad, brother to Mr
Lyell the minister ; and she being simply rebuked, was dis-
missed ; and that the foresaid David Lyell being called,
compeared, and being asked if he was the father of the
housekeeper's child, made a reverential bow, was spoke to,
and immediately dismissed ; — which unprecedented beha- '
viour had revived the story of Mr Lyell the minister's for-
mer housekeeper, Elspeth Smith, her being sent in a clan-
destine manner out of the country, when it was well known
to the whole parish she was big with child : That the said
Elspeth Smith, after ha^^ng been secreted for several nights
in a private house in the village of Stromness, was shipt on
board a vessel bound for Leith, where she brought forth a
child, or somewhere thereabout ; and that the child is still
in life, and maintained at the expense of Mr Lyell, minister :
That the Presbytery of North Isles had neglected to take
notice of such unprecedented procedure in the minister and
session of Lady Kirk, both as to the elopement of the first
housekeeper, Elspeth Smith, which fact was well known to ■

* This refers to a proviso in the Act abolishing Heritable Juris-
dictions, (20 Geo. II.,) but there is no mention of procurators in
church courts.

1766.] CASE OF MR LYELL. 351

the Presbytery of North Isles, and as to the second house-
keeper, ^Margaret Scot, her having brouglit forth a child, and
being still continued in her former station of housekeeper,
while David Lyell remained one of the family, notwith-
standing the great indecency of such conduct, and its giving
universal oflfence and discontent to all well-thinking people."
And it is observed, that the S^yTiod, de plano^ without so
much as calling on Mr Lyell, did think proper, as their mi-
nutes bear, " to take both the first and last alleged instances
of Mr Lyell and his scandalous housekeepers under their
immediate consideration ; " that they unanimously agreed to
appoint the visitation of Lady Parish, formerly mentioned,
by the Presbytery of North Isles, and two ministers and one
eider from each of the Presbyteries of Kirkwall and Cair-
ston, of whom Mr Tyrie, above mentioned, w as one ; that
attendance at this visitation was enjoined with uncommon
anxiety ; which did not seem necessary, Mr Tyrie, who ta-
bled the complaint at this meeting, having, with uncommon
warmth, expressed himself in the following words, — " The
hare is started ; run her down ! run her down ! kill her ! "
for which keenness of exyression., as the committee of visit-
ation term it, they apologise, as proceeding from his zeal
that irregularities should not pass Avith impunity ; that not-
withstanding what is above inserted from the Synod minute
as to Elspeth Smith, not a single person could be found that
had any such suspicion concerning her before she left the
country, or that could condescend upon a single circumstance
of ^Ir Lyell's indecent behaviour with her, or any other wo-
man, or his ha\ang the least correspondence with her, after
her leaving Orkney in the 1756; that the meeting of the
Presbytery of North Isles, held Dec. 3, to give Mr Lyell a
new libel, w\as summoned by the moderator's letter of Oct.
21, whereas Mr Trail's letter was dated Nov. 26, which dis-
proves the alleged neglect of the Presbytery to obey the or-
der of the Assembly 1765, till ^Ir Trail signified his reso-
lution of becoming ^Ir Lyell's prosecutor ; and that at the
Presbytery held ^larch 4, 1766, a hst of the witnesses an-
nexed to Mr Trail's lil^el against Mr Lyell was produced, to
which was subjoined a paper, dated March 4, 1766, and
signed by Mr Balfour, complaining, That the Presbytery had
assumed a power to model itself, by excluding radical mem-
bers, in order to screen Mr Lyell, and contrived a hbel for
that purpose, and notwithstanding an appeal, were going to

352 ANNALS OF THE ASSEMBLY. [1 766

proceed to his trial, concluding with these words : — " And
protest, That if you, or any other person or persons pre-
tending to be, or assuming the judicative capacity of the
Presbytery, shall cite before you, and examine any person
contained in the list annexed hereunto, you, and all others
acting, aiding, and assisting, in such illegal practices, shall
be liable in the pains of law for subornation, and misleading
and practising upon witnesses ; " than which, it is said, a
greater insult w^as never offered to any court. . . . As an in-
stance of Mr Scollay's warmth, a part of a letter wrote by
him, Jan. 7, 1765, when the Presbytery was divided, in an-
swer to one he had received from the moderator, dated Jan.
1, calling a meeting of Presbytery to be held on the third
Tuesday of that month, viz. : — " Reverend Sir, I have just
now received your legerdemain letter, coram testibiis^ gar-
nished over with glaring falsehood." Addressed — To the
Reverend Mr Leshj^ mock moderator, — to he communi-
cate.

This affair came before the Assembly by a petition for Mr
Trail, and another for Messrs ScoUay and Dennison, afore-
mentioned, and also by a petition and representation of the
Synod of Caithness and Sutherland, representing, that the
reports concerning both Mr Lyell and Mr Nisbet were gen-
erally believed all over that country, and were attended mth
consequences very hm-tful to religion.

The papers having been read, and parties heard, the As-
sembly, after reasoning, found, ^\'ithout a vote, the libel given
in by the Presbytery of Notth Isles ex facie irrelevant and
improper, and therefore dismissed it, and found the whole
proceedings thereon void and null, and dismissed these pro-
ceedings, in respect of the gi'eat irregularity of the proceed-
ings, and of the conduct of the Presbytery in this affair ; and
that as Mr Trail had now appeared, and offered to insist in
a libel against Mr Lyell, the Assembly agreed to receive that
libel, and appointed it to be served on Mr Lyell quavn pri-
mum, and him to give in answers against the day to be ap-
pointed for the meeting of the Commission in August ; and
empoAvered that or any subsequent meeting of the Commis-
sion to judge of the relevancy of that hbel, and every other
question that may occur concerning that affair ; and autho-
rised them to grant commissions for taking a proof, and to
cognosce and finally determine, or to refer this cause to the
next Assembly, as they should see cause ; and further, ap-

1766.] COMMITTEE ON THE WINDOW-TAX. 353

pointed the Commission to inquire why the appointment of
the last Assembly with respect to the libelling Mr Lyell was
not punctually obeyed, and to cite the Presbytery, or any
particular member thereof, to the bar of the Assembly, if
they should see cause ; and empowered the Commission to
give 3Ir Trail what money might be necessary for carrying
on the cause out of the public fund of the Church. The
Assembly likewise referred the libel against Mr Scollay, and
whole procedure had thereon, to the Commission, empower-
ing them to judge and finally determine therein.

On the 2d of June, the Assembly appointed the following
ministers, viz.. Principal Robertson, Professor Hamilton, Drs
Macqueen, Dick, Wishart, Blair, and Webster, and ]Messrs
John Glen and John Erskine, a committee to consider of
two overtures : — One concerning the licensing of proba-
tioners^ which was some years ago transmitted to Presby-
teries, on which they are to prepare a new overture, and to
give it in to the Commission, to be by them ripened for the
next Assembly ; the other, an overture respecting the me-
thod of settling parishes* in cases where the right falls to
the Presbytery, to be reported likewise to the Commission.

The report of the committee on the window-tax was given
in, importing. That there was no prospect of procuring an
exemption to the clergy from payment of that tax other than
by an application to parliament ; but that there was great
reason to believe the aiTears unpaid may be got free of:
That the committee saw no proper opportunity for applying
to parliament, ^vith any hopes of success, since last Assem-
bly, not even when the bill for making an alteration in that
tax was brought in, the committee judging it might probably
have passed before any application from them could have
reached London, and their petition run a great risk of being
all at once rejected, which they thought of dangerous con-
sequence, it being so late in the session ; all which deter-
mined them to leave the affair to the consideration of the
Assembly. The report concluded with observing, that the
want of a fixed agent at London to give timeous information

* This overture called forth " Letters concerning the present
state of the Church of Scotland, and the consequent danger to re-
ligion and learning from the arbitrary and unconstitutional exercise
of the Law of Patronage." 1767-

Gg2

354 ANNALS OF THE ASSEMBLY. Ql766.

when acts were proposed in parliament which might affect
the Church or its members, was a great disadvantage ; and
therefore overturing that such an agent should be appointed.
The Assembly approved of this report, and appointed Wil-
liam Gordon, LL.D., to be their agent, empowering him to
correspond with this committee, and ^^^th the procurator, on
all affairs which concern the Church ; and the committee
were appointed to cause Mr Gordon inquire after an origi-
nal copy of the acts of Assembly in Zion College Library^
and endeavour to recover the original, or an authentic copy
of it, leaving it to next Assembly to settle Mr Gordon's sa-
lary.

Then the report of a committee appointed to consider the
form of commissions to members of Assembly, was given in
and read. After reasoning on it, the question was put, Ap-
prove of the report, or Not ? and it carried Approve, 99 to
18. The Assembly, therefore, enacted as follows : —

" The General Assembly banning had laid before them the
report of a committee appointed to revise the forms of com-
missions to members of the General Assembly, and consider-
ing that it is of the greatest importance for the honour and
interest of religion, that the office-bearers of the Church
should behave and conduct themselves in all respects be-
coming their character, do, in terms of the act of Assembly
22d May 1722, earnestly beseech, exhort, and require all
ministers to take heed to themselves, and to their doctrine,
and to be exemplary to their people in sobriety, righteous-
ness, and holiness, abstaining from all appearance of evil :
And in like manner, the General Assembly do earnestly be-
seech, exhort, and require the elders and deacons to be faith-
fiil in the discharge of their respective offices, tender and
circumspect in their walk, punctual in their attending upon
ordinances, strict in their observation of the Lord's Day, and
regular in keeping up the worship of God in their families.
The Assembly do farther enjoin and require, for the more
regular election of members to the Assembly in time com-
ing, Presb)i;eries, burghs, and universities, strictly to observe
the acts of former Assemblies, appointing that the election
shall be made at least forty days before the meeting of As-
sembly, and mthin a month preceding the first of the said
forty days, except those lying in the Northern and Western
Isles, and shall appoint the day of election at a meeting to

176'fJ.] FORMS OF COMMISSIONS. 355

he entered in their minutes, at least ten free days before
such election ; and that on the day of election, they shall
make their elections betwixt the hours of one and eight
o'clock in the evening.

" The General Assembly, considering also that some acts
regulating the manner and time of electing members to the
Assembly are posterior to the act 17th May 1725, estabhsh-
ing the present form of their commissions, and that these
forms refer in general to acts of Assembly that contain some
particulars, of which Presbyteries, universities, and burghs,
cannot have any certain evidence, and are thereby reduced
to the necessity either of attesting what does not come pro-
perly under their own knowledge, or of omitting clauses in
the established form, whereby their commissions have been
rendered void and null, the Assembly did, on all these ac-
counts, and hereby do, appoint and ordain the forms of com-
missions and attestations, hereunto subjoined, to be observed
by Presbyteries, sessions, universities, and burghs ; and enact
and ordain, that all such commissions and attestations as are
not conceived and attested in these very words of the form
now prescribed shall be rejected.

" The General Assembly do farther declare and enact.
That when a kirk-session or Presbytery refuse their concur-
rence or attestation to a commission by a burgh or university,
without assigning the reasons of their refusal, that commis-
sion shall be sustained, as if duly attested, in case the mat-
ter shall be brought before the Assembly by protest or appeal.
And they appoint the agent for the Church to cause print
this act, together with the following forms of commissions,
and transmit the same to the several Presbyteries, univer-
sities, and burghs."

Form of Commissions by Presbyteries.

At ,the dnyof years. — The which

day the Presbytery of being convened betwixt the hours

of one and eight o'clock in the evening, in order to elect their re-
presentatives to the ensuing Assembly, pursuant to a resolution
entered into their minutes on the day of , did, and

hereby do, nominate and appoint Mr , minister at ,

and Mr , minister at , and and

ruling elders, their commissioners to the next General Assembly
of this Church, indicted to meet at , the day of

next to come, or when and \vhere it shall happen to sit, mlling
them to repair thereto, and to attend all the diets of the same, and

856 ANNALS OF THE ASSEMBLY. [1766.

there to consult, vote, and determine in all matters that come be-
fore them, to the glory of God and the good of his Church, ac-
cording to the Word of God, the Confession of Faith, and agreeable
to the constitutions of this Church, as they will be answerable ;
and that they report their diligence therein at their return there-
from. And the said Presbytery does hereby testify and declare,
That all the ministers above named have signed the Formula, en-
joined by the 10th act of the Assembly anno 1711, and the ruling
elders above written have signed the Formula prescribed by the
11th act of the Assembly 1694. And further, that the said elders
are of unblemished characters, circumspect in their walk, regular
in giving attendance on the ordinances of Divine institution, and
behave in other respects agreeable to their office ; all which the
Presbytery have hereby attested on proper information.

Attestation.

At , the day of years. — The which

day the Presbytery of having had the above extract of

their commission to their representatives in the ensuing Assembly
laid before them, they caused it to be read, and having revised and
considered the same, they did approve thereof. Attested by

A. B., Moderator.
Or, Ch.

Form of Commissions from Universities.

At , the day of years. — The which

day the principal, professors, masters, and other members of the
University of , having right to elect, being convened be-

twixt the hours of one and eight o'clock in the evening, in order to
elect their representative to the ensuing Assembly, pursuant to a
resolution entered into their minutes on the day of ,

did, and hereby do, nominate and appoint their commis-

sioner to the next General Assembly of this Church, indicted to
meet at , the day of next to come, or when

and where it shall happen to sit, wiling him to repair thereto, and
to attend all the diets of the same, and there to consult, vote, and
determine in all matters that come before them, to the glory of
God, and the good of his Church, according to the Word of God,
the Confession of Faith, and agreeable to the constitution of this
Church, as he will be answerable ; and that he report his diligence
therein at his return therefrom. And it is hereby testified and de-
clared, that the said is a minister, or (an elder) of this
Church, lawfully ordained, and hath signed the Formula enjoined
by the 10th act of the Assembly anno 1711 ; or, (if an elder) hath
signed the Formula prescribed by the 11th act of the Assembly
1694. And further, that the said commissioner is every other way
qualified to be a member of the Assembly, according to the acts of
the Assembly ; and (if an elder, it must be said) and in particular,

1766.] FORMS OF COMMISSIONS. 357

he is of an unblemished character, circumspect in his walk, regular
in giving attendance on the ordinances of Divine institution, and
behaves in other respects agreeable to his office ; all which the uni-
versity have hereby attested on proper information. Extracted by

C. D.

Attestation.

At , the day of years. — The which

day the Presbytery of having had before them a commis-

sion given by the University of to to represent

the said university in the ensuing General Assembly of this Na-
tional Church, do, in terms of the 4th act of Assembly 1720, the
7th act of Assembly 1723, and 4th act of Assembly 1724, testify
and declare, that the said is a minister or (an elder) law-

fully ordained ; that he has signed the Formula enjoined by the 10th
act of Assembly 1711 ; or (if an elder) hath signed the Formula
prescribed by the Uth act of Assembly 1694; and that he is a
master of the said university, or . And further, that the

said commissioner is every other way qualified to be a member of
the Assembly, according to the acts of Assembly. This signed
by A. B., Moderator.

Form of Commissions from Bm-ghs.

At , the day of years. — The which

day the magistrates and town-council of being convened

in council, betwixt the hours of one and eight o'clock in the even-
ing, in order to elect their representative to the ensuing Assembly,
pursuant to a resolution entered into their minutes on the day

of , did, and hereby do, nominate and appoint

their commissioner to the next General Assembly of this Church,
indicted to meet at , the day of next to come,

or when and where it shall happen them to sit, willing him to repair
thereto, and to attend all the diets of the same ; and there to con-
^;ult, vote, and determine in all matters that come before them, to
the glory of God, and the good of his Church, according to the
Word of God, the Confession of Faith, and agreeable to the consti-
tution of this Church, as he will be answerable ; and that he report
his diligence therein at his return therefrom. And it is hereby
testified and declared, that the said is an elder of this

Church, lawfully ordained, and hath signed the Formula enjoined
by the 11th act of Assembly 1694, and is every other way qualified
to be a member of Assembly, and likewise that he is (a residenter
in the said burgh,) or (an heritor in the said burgh,) or (an heritor
in the bounds of the Presbytery of , mthin which the

said burgh lies,) or (has formerly resided and officiated as an elder
in the said burgh,) or (Presbytery of , within which the

said burgh doth lie,) according to the acts of Assembly; and in par-
ticular, that he is of an unblemished character, circumspect in his
walk, regular in giving attendance on the ordinances of Divine in-

358 ANNALS OP THE ASSEMBLY. [^1766.

stitution, and behaves in other respects agreeable to his office. All
which the magistrates and town-council have attested on proper
information. Extracted by C. D., Cls.

Attestation hy the Kirk-Session.

At , the day of years The which

day the kirk-session of having had laid before them a

commission given by the magistrates and town-council of
to to represent the said burgh in the ensuing General

Assembly of this National Church, do, in terms of the 4th act of
Assembly 1720, tesrify and declare, that the said is an

elder lawfully ordained, and that he has signed the Formula pre-
scribed by the 11th act of the General Assembly 1694. Extracted
by A. B., Moderator.

c. D., as.

Attestation hy the Presbytery.

At , the day of years. — The which

day the Presbytery of having had produced before them

a commission given by the magistrates and town-council of
to to represent the said burgh in the ensuhig General

Assembly of this National Church, with an attestation of the kirk-
session of the said burgh, conform to the directions of the act 9th
of Assembly 1718, act 4th Assembly 17'20, and act 4th Assembly
1724, do, in the terms of the foresaid acts, likewise testify and de-
clare, that the said is an elder lawfully ordained, and
that he has signed the Formula prescribed by the 11th act of As-
sembly 1694; and likeways, that he is (a residenter in the burgh,)
or (an heritor in the said burgh,) or (an heritor in the bounds of
the Presbytery of , within which the said burgh lies,)
or (has formerly resided and officiated as an elder in the said burgh,)
or (Presbytery of , within which the said burgh does
lie ; ) and further, that the said commissioner is every other way
qualified to be a member of the Assembly, according to the acts of
Assembly. This signed by A. B., Moderator.

Upon report from the committee for overtures, transmitted
by the last and preceding Assemblies, the Assembly agreed,
that all these be again transmitted, and do hereby appoint,
that such Presbyteries as have not yet sent up their opinions
concerning them, do send up the same to the next General
Assembly. The overtures are these : — l«io, Anent sending
up opinions on overtures transmitted by the Assembly. 2f/o,
For repealing that part of the Form of Process anent excul-
pations. 3/io, Anent members of inferior courts judging in
causes appealed from them ; and that the report concerning
them be brought into a earher diet of the Assembly.

1 766.] MISCELLANEOUS BUSINESS. 359

The commission from the burgh of Montrose rejected, it
l)eing found that the person chosen had not that relation to
the burgh or Presbytery which the acts of Assembly require.

The moderator produced a letter from General Mur-
ray, Governor of Canada, directed to hira, relating to the
great fire that happened at Montreal in May last ; together
Avith an attested account of the loss sustained by that fire,
under the hands of the proper officer, and seal of the island
appended, craving a collection through the churches of Scot-
land. The Assembly having considered said application,
rejected the same, and appointed the moderator to Amte a
respectful letter to General JNIurray.

There was produced a memorial from the Presbyterian
Church at New York\ praying the interest of this Assembly
at the Com*t of London, for a royal mandate to his Majesty's
Governor and Council there, to grant the congregation a
charter of incorporation for the uses specified in the copy of
said charter lying before the Assembly. The Assembly ap-
pointed a committee to consider the said memorial, and to
report.

Upon a letter from Dr George Wishari^ principal clerk
of Assembly, his absence this day (May 31,) is excused, and
]Mr Archibald Stevenson, minister in St Madoes, appointed
to officiate in his place.

The moderator of the committee of bills moved for a meet-
ing of that committee, at the desire of Dr Da\4d Dickson ;
which desire the Assembly refused, in regard Dr Dickson
had not apphed within the time limited by the acts of As-
sembly.

The report of the committee appointed to consider the re-
presentation from the Presbytery of Meigle, produced and
approven of, and the opinion and overture of the committee
agreed to, viz.. That the suppressing of the small parish of
Ridhveji, and annexing it to contiguous parishes, and that
the dismembering of parts of the five parishes of Alyth^
Bendochie, Blairgowrie, Rattray^ and Caputh, and getting
them united, and erected into a distinct and separate parish,
would be for the interest of religion in these bounds : And
therefore it is recommended to the Presbytery of Meigle to
settle and adjust, with all parties having interest, the scheme
proposed ; to procure from the cess-books a certificate of the
total valuation of each parish, and the proportion thereof be-
longing to the several consenters ; and to ascertain other facts

360 ANNALS OF THE ASSEMBLY. [1766.

contained in tlie memonal : And they are required to trans-
mit these materials to the agent for the Church, to be laid
before the procurator, who is appointed to draw out the pro-
per summons, and carry on the process at the public expense :
But if opposition is likely to happen, or the expense of pro-
cess shall exceed the sum of £sl) Sterling, he is to lay the
matter before the Commission, or the next General Assem-

The report of the committee appointed to consider the
petition of the heritors, elders, and whole heads of families
M-ithin the perambulated bounds of Norriestoivn^ given in,
and their opinion agreed to ; and accordingly it is appointed,
that the allowance to a schoolmaster there be withdrawn,
and a preacher be settled there, and ordained, and he be
under the direction of the Presbytery of Dumblane. And
it is remitted to the committee to consider the state of the
funds, and to report upon Monday next.

The report of the committee appointed to consider the
application from the Presbyterian Church at New York,
given in ; the desire of the said church is granted, and
the ministers of Edinburgh, Solicitor Dundas, Mr Cros-
bie, Mr Wight, advocates, named as commissioners, Avith
full powers of executing the pm-poses of the said applica-
tion,

A reference from the Presbytery of Glasgow anent a new
session read. The General Assembly appointed the Pres-
bytery of Glasgow to authorise 3Ir Ballantyne, with his
brethren the ministers of the city of Glasgow, the principal,
the professor of divinity, and Mr La^Tence Hill, minister,
as a committee of Presbytery, to agree upon a nomination of
proper persons to be members of session for the new erected
church of Glasgow, called TJie Wynd Church : And when
that nomination is agreed on by the said committee, that
Mr Ballant}Tie shall serve their edict fi-om his pulpit in the
said W}Tid Church ; and thereafter, Mr Ballantyne, vaih.
the committee, or any two of them, shall ordain the persons
nominated to be members of session in the Wynd Church,
and to have the oversight of that parish.

The report of the committee appointed to consider the
No7'ryston accompts given in, and appro ven of, and the
preacher allowed 700 merks at present ; but the Commission
empowered, upon their finding the fund to amount to 1200
merks, to allow the preacher £50 of salary.

1766.] CASE OF SHOTTS. 361

An appeal by the RiGjht Hon. the Earl of Eglinton, pa-
tron "^ of the parish of Eaglesham^ from a sentence of the
S}Tiod of Glasgow and Ayr, for delaying to proceed to the
trials and settlement of Mr Thomas Clark^ as minister of
the parish of Eaglesham, heard, and the Presbytery of Glas-
gow appointed to proceed to the trial and settlement of i\Ir
Clark, as minister of the parish of Eaglesham, with all con-
venient speed, according to the rules of the Church.

The Assembly rose June 2.

Commission Meeting. — The Commission met, as usual,
the day after the Assembly rose, and sat for two days, June
3 and 4. The most remarkable of their determinations were
these three, \\z. : —

1. The case of Mr Lawrence Wells, the Duke of Ha-
milton's presentee to the parish of Shotts. This gentleman
was found unqualified by the Presbytery of Hamilton, and
the Assembly 1765 remitted to the Presbytery to take his
trials of new.t After taking his trials, in obedience to this
order, the Presbytery, April 29, 1766, "found no sufficient
reason for changing their former opinion of his qualifications ;
yet as the Assembly, by remitting to them to take the whole
of his trials cle novo, had in eftect declared, that the sen-
tences of Presbyteries, with regard to the trials of intrants,
are not final, and as they had ground to believe that this
affair would, in some shape or another, be carried before
their superiors, therefore they referred the whole cause to
the Assembly." From this judgment the patron and the
presentee appealed to the Assembly. Parties ha\'ing been
heard before the Commission on this appeal, June 3, the
court proceeded to hear Mr Wells' discourses ; and he being
asked, if he himself would read any of them, he agreed, and
read his Exercise and Addition on Phil. iii. 9. After hear-
ing the Presbytery, the Commission, without a vote, approved
of this discourse. The Presb}i:ery did not insist that his
popular sermon should be read, but insisting that his Exe-
gesis should, he read it himself; and the Presbytery having
been heard on their objections to it, the Commission approved
likewise of this part of the trials. The court then caused

* Though the Earl of Eglinton was proprietor of 39-40 of the
parish, Mr Clark's call was signed by only one individual. The
linal disposal of this case, as well as that of Shotts, belongs to a
subsequent year. f See p. 305.

Hh

362 ANNALS OF THE ASSEMBLY. [1766.

them read the questions put to him on his extemporary
trials, and his answers ; and having heard the Presbyter/s
remarks on them, this part of the trials was likemse ap-
proved of; and therefore, upon the whole, the Commission
unanimously found Mr Wells qualified. Several members
expressed great satisfaction with Mr "Wells' trials, especially
with his answers to the questions on his extemporary trials,
which by some were thought severe.

2. A petition and complaint of Mr Edivard Irvin^ mi-
nister at Walls and Flota, dated May 28, 1766. This pe-
tition sets forth. That in 1763, a general report prevailed,
that Mr William Nishety minister of Firth and Stenness^
lived in an indecent familiarity with a married woman :
That in June that year he took this woman into his manse,
and lived vnth. her there, and persisted, notwithstanding the
expostulations of friends, and of Mr T3rrie, his co-presbyter :
That at the meeting of the Synod of Orkney, the members
found it absolutely necessary to take notice of this scandal,
in consequence of which Mr Nisbet was admonished by his
Presbytery (that of Cairston,) to dismiss the woman ; to
which admonition he paid no regard : That thereupon the
Presbytery, Nov. 2, appointed him to separate from her by
the 20th then current, with certification : That Mr Nisbet
paid a sham obedience to this appointment ; he removed the
woman out of his manse, to one of the offices, not twenty
yards distant, fitted up in the interim for her reception :
That he soon thereafter married ; an event which, it was
expected, would have put an end to the affair ; but so far
otherwise, his maniage seems to have been intended as a
cloak ; for immediately after it he took back the woman to
his family, and not only continued his familiarity with her,
but even countenanced her in the most insolent usage to his
wife : That the Presbytery, on the 18th of January 1764,
finding their orders disregarded, referred the affair to the
Synod, which was to meet in March 1764 : That the Sy-
nod appointed Mr Nisbet to remove the woman in four
months^ — a pretty odd determination, considering that Mr
Nisbet had, in open defiance of the Presbytery's sentence,
taken her into his house after his marriage, and by his in-
decent familiarity, and her rude behaviour, had obliged his
wife to leave him in four months after the marriage ; de-
claring, however, her willingness to return, if he would se-

1 766.] CASE OF IRVIN AND NISBET. 363

parate from the woman, which it was expected the Synod
would appoint him instantly to do ; and in which expecta-
tion being disappointed, his wife resolved to separate from
him altogether : That Mr Nisbet kept the woman in his
manse till the very last day of the four months, and then
removed her to a lodging provided for her at less than half
a mile's distance, where the same intercourse as formerly
was kept up between them without disguise : That there-
upon the Synod, in August 1764, instructed the Presbytery
peremptorily to enjoin him to separate from her company
and conversation in five days, under pain of suspension :
That the steps hitherto taken in this affair seemed to have
l)roceeded unanimously, but that from this time some of his
co-presbyters seemed resolved to screen IVIr Nisbet : That
the Presbytery having met, Aug. 10, 1764, fixed a meeting
for the 5th of September folloAving, to inquire into Mr Nis-
bet's conduct : That at this meeting, Mr Nisbet alleged
that he had obeyed the order of the Synod, and entirely
separated from the woman ; and as there was not a quorum,
the Presbytery adjourned to the 4th of October : That to
this meeting of Oct. 4, JMr Nisbet sent a letter of excuse for
not appearing, which, though objected to by several mem-
bers as trivial, was sustained ; but the Presbytery enjoined
him to separate from the woman in five days : That having
met again on the 15th of November, they came to a reso-
lution to desire a meeting of S}Tiod to be called for advice
and instructions ; against which resolution Mr Hepburn, the
moderator, protested, alleging that Mr Nisbet's afikir was not
yet ripened : That the Presbytery having again met on the
28th, Messrs Ir\'in and Reid intended to have served Mr
Nisbet M-ith a libel ; but Mr Hepburn appeared as Mr Nis-
bet's procurator, and in his name protested against the pro-
ceedings of the Presbytery of Aug. 1 0, " as unjust, illegal,
a^^d inquisitorial, in the highest degree," and appealed to the
Synod, which was to meet at Lammas 1765 : That on this
Mr Tyrie, finding his endeavours to bring Mr Nisbet to
justice of no effect, and being anxious not to appear as con-
niving at his conduct, declined acting as a member of Pres-
bytery ; which declinature was afterwards made use of to
favour ISIr Nisbet : That Messrs Irvin and Reid, however,
Ijeing determined to proceed against him, got another meet-
ing of Presbytery appointed ; but as this Presbytery consists
but of six ministers, of whom Mr Tyrie had declined acting,

364 ANNALS OF THE ASSEMBLY. [1766.

Mr Nisbet was a party, and Messrs Hepburn and Sands ab-
sented themselves, they could not proceed for want of a
quomm, so were obliged to wait with patience the meeting
of the Synod : That in the interim, Messrs Hepburn, Nis-
bet, and Sands, held a Presbytery at Mr Hepburn's manse
at Birsay, and there, notwithstanding Mr Nisbet's situation,
chose him one of their members to the then ensuing Assem-
bly : That the Synod met in August 1765 ; and a motion
having been made, that the Presbytery of Cairston should
show what obedience they had paid to the instructions of
the S^aiod respecting Mr Xisbet, Mr Hepburn, moderator
of that Presbytery, asserted that these instructions had been
fully obeyed : that Messrs Irvin, Tyiie, and Pteid, heard
this assertion Avith astonishment, knowing that the instruc-
tions had been in no shape obeyed, except by ordering IMr
Nisbet to separate from the woman ; and that, notwithstand-
ing, he still continued his intercourse with her, and it was
now pubhcly kno^Mi she was big with child by him ; they
therefore immediately contradicted Mr Hepburn, affinned
that the instructions had not been obeyed, and appealed to
the minutes of Presbytery, then in their hands, in support
of their assertion : That hereupon a formal debate ensued,
[it is not here said, as elsewhere,* that a vote was stated,]
the result of which was to find, that Mr Hepburn, the mo-
derator, was the mouth of the Presbytery in the Synod, and
could not be contradicted either by the members or the mi-
nutes : That it can hardly be conceived ^Yith. what indig-
nation all ranks of people expressed themselves against this
behaviour of the clergy ; they saw vice and immorality, if
not publicly allowed, at least tacitly permitted by them ;
they saw a clergyman suffered to go on in a continued com-
mission of the grossest crimes, without being censured by
any ecclesiastical court ; till at last they came to such a
height that the civil magistrate found it necessary to inter-
pose : That for these reasons, Messrs Irvin, Tyrie, and Reid,
resolved to give Mr Nisbet a libel against next meeting of
Presbytery, which was held Oct. 2, 1765 ; and that they
might secure a quorum, brought each a ruling elder alongst
M ith them : That Mr Hepburn, as moderator, having all
along refused to admit Mr Tpie, on account of his declina-
ture, though it had been formally recalled, IMr Tyrie now

* See p. 349.

176G.] CASE OF IRVIN AND NISBET. 365

gave in a written recall of it, and protested to be admitted ;
but Mr Hep])m*n not only refused to allow him to sit, but
loaded liim with virulent reproaches, for which Mr Tyrie
was laid under a necessity of commencing a process against
him for defamation : That two ruling elders, having pro-
duced commissions from their sessions, and claimed to be
admitted as members of the Presbytery, i\Ir Hepburn, ^%ith-
out assigning any reason, rejected them both, and threw their
commissions over the table ; though, ha-ving thus secured to
himself and his adherents the sole direction of the Presby-
tery, he afterwards alleged, as a reason for rejecting the elders,
that they had not taken the oaths to the Government ; an
allegation which, if made when the elders were rejected, could
have been easily disproved, as the elders had formerly sat
as members of the Synod : That Messrs Irvin, Tyrie, and
Reid, seeing that all church discipline was at an end so long
as Mr Hepburn and his adherents had the ascendant in the
Presbytery, constituted apart ; but upon advice of counsel,
departed from their resolution of acting separately, and re-
solved to adhere to their Presbytery : That accordingly they
required Mr Hepburn to call a Presbytery, which he refused
to do, adhering to an adjournment made last meeting, by
which the Presbytery were appointed to meet on the 1 9th
of March 1766, not at the usual place, but at Cursetor, Mr
Nisbet's manse, in order to choose their members to the As-
sembly : That Messrs Irvin, Tyrie, and Reid, could not
agree to meet at this adjournment; because, 1. the King's
Advocate, in consequence of an application made to his Lord-
ship by iMr Nisbet's parishioners, had by this time caused
a precognition be taken ; and as the persons precognosced
made no secret of what they had declared, Mr Nisbet was
looked upon in the country as in a manner convicted, which
rendered it highly improper to hold a church court in his
house ; and, 2. because Mr Hepburn's illegally rejecting Mr
Tyrie and the ruling elders, rendered null all subsequent pro-
ceedings, till matters were restored to the order prescribed
by law : TJiat for these reasons, Messrs Irvin, T;yTie, and
Reid, refused to attend that meeting ; but that the public
business might not be neglected, the petitioner (Mr Ir^-in)
again required Mr Hepburn, and that under form of instru-
ment, to call a Presbytery to meet at the usual place ; and
upon his refusal, and persisting in his resolution to meet at
Mr Nisbet's manse, followed the method pointed out by law
H h 2

366 ANNALS OF THE ASSEMBLY. [1766'.

in such a case, and recjuired ]Mr T^a-ie, the preceding mo-
derator, to call a legal meeting of Presbytery, Avhich Mr Tyrie
accordingly did ; and a Presbytery was held, at which a day
was fixed for choosing commissioners to the Assembly : That
though this meeting was notified to all the members, only
Messrs Tpie, Irvin, and Reid, with the elders, appeared ;
these, however, proceeded to business, and chose the Pres-
bytery members to the Assembly : That, on the other hand,
Messrs Hepburn, Sands, and Nisbet, met and constituted a
Presb}i;ery in Mr Nisbet's manse ; where, ha^dng first chosen
members for the Assembly, Messrs Heplmm and Sands, in
conjunction wdth Mr Nisbet, taking the petitioner's conduct
into consideration, and interpreting his not appearance at
that meeting as schismatical, and tending to introduce and
foment divisions in the Church, they therefore, without libel
or citation, suspended the petitioner from acting in a judi-
cative capacity in the Presbytery of Cairston till the meeting
of the S>mod in August next : That as the Assembly might
be at a loss to account for Mr Hepburn's motive in this last
step, it was proper to inform them, that it w^as in prosecu-
tion of a plan he had formed to protect Mr Nisbet ; for as
Mr Hepburn had been made choice of to go as member to
the Assembly, he was afi-aid lest, in his absence, any steps
might be taken as a Presbytery against Mr Nisbet ; he there-
fore, in order to prevent all possibility of this, passed that
sentence, which, by suspending the petitioner, as Mr Tyrie
had never been admitted to sit in Presbytery since his de-
clinature, did not leave a quorum of ministers to form a
Presbytery till he should return. — The petitioner, therefore,
prayed the Assembly to find. That the sentence passed by
Messrs Hepburn, Nisbet, and Sands, was not only null in
itself, but likewise contrary to law and justice ; and in re-
spect to Mr Hepburn's conduct through the Avhole of this
affair, to proceed in such manner as the interest of virtue
and religion required.

The Presbytery of Cairston, in short answers, dated ]May
3 1 , say — That from beginning to end of the complaint, there
is nothing to be found but gross misrepresentations : That
the Presbytery oppone the Synod's minutes, and do aver,
that no such thing will be found there as is affirmed in the
complaint ; and no such thing ever happened in the Synod :
That it is surprising the complainer should accuse the Pres-
bytery for admitting trivial excuses for Mr Nisbet's absence.

17G().] CASE OF IRVIN AND NISBET. 367

when the excuse offered was sickness, attended with con-
vulsive fits ; and that w hen he is pleased to call !Mr Hepburn
Mr Nisbet's procurator, this poor unhappy man was confined
in prison for debt : That when the complainer avails him-
self of the Synod's appointment to dismiss the woman in
four months, it would have been candid to liave told at the
same time, that jVIr Hepburn was the only member of Synod
who opposed this appointment, and insisted for an imme-
diate dismission ; and that the complainer, and Mr Reid of
Orpher, were most active and zealous in bringing about this
strange appointment : That far from being backward, Mr
Hepburn was the keenest member of the Presbytery to libel
Mr Nisbet, till Mr Reid of Orpher informed him that a gen-
tleman (who has since been active in bringing about the
prosecution against Mr Nisbet before the Circuit Court,)
would advance the Presbytery £l50 Sterling to defray the
expense of the process, provided it issued in a sentence of
deposition ; a circumstance which IMr Hepburn frankly ac-
knowledges shocked him not a little. — They conclude with
hoping, that the Assembly would dismiss Mr Irvin's com-
plaint as false and groundless, and inflict such censure on
him, for his disregard to truth, as they should see cause.

The cause came before the Commission June 3, upon an
appeal taken by Mr Irvin fi-om a sentence of the Presbytery
of Cairston. Parties having been heard, the Commission,
without a vote, found the proceedings of the Presbytery, in
suspending Mr Irvin, and excluding the two elders, to have
been irregular; and therefore declared the sentence against
Mr Irvin void and null, and also the sentence against the
two elders, and ordered them to be enrolled as members of
the Presbytery.

Next day, at another calling of this cause, the Commission
appointed the Presbytery of Cairston to fill up their book
fjiiam jjvimum to the 1st of May last, and lay the same be-
fore the Synod of Orkney at their first meeting, which the
Commission ordained to be held at Kirkwall ; appointed
the Synod to lay the same before the Commission in No-
vember, and to receive in any complaint that shall be regularly
brought before them concerning the conduct of that Presby-
tery, and to transmit the same in like manner to the Com-
'mission in November ; and ordained the correspondents from
the Synod of Sutherland and Caithness to attend that meet-
ing of the Synod of Orkney ; this order to be signified by

368 ANNALS OF THE ASSEMBLY. [1766.

the clerk of Assembly to the moderators of the several Pres-
byteries within the S\Tiod of Orkney. — In respect of the sin-
gularity of Mr Ir\'in's case, the Commission ordered him ^20
Sterling out of the Church's funds as a viaticum.

3. The only other remarkable case was the following. — On
the 4th of June, the Commission took into consideration two
representations, one from the SjTiod of Sutherland and Caith-
ness, the other from the Presbj^ery of Kirkwall, and a pe-
tition of Mr Edward Irvin, minister of Walls and Flota, all
respecting the aforementioned Mr William Nisbet, minister
of Firth and Stenness, in the Presbytery of Cairston. The
Presbytery of Cairston were called, and Mr Thomas Hep-
burn, minister at Birsay, appeared in their name, and was
heard. The before mentioned papers, a narrative of the
proceedings of the Presbytery of Cairston, and the minutes
of Presbytery, were read ; fi'om which it clearly appeared,
that a fama clamosa had for some time past prevailed in
that country against Mr Nisbet ; that he had been guilty of
the sin of notour adultery with one Mrs Agnew; and the
Commission,^?^a'^/2^ that he had been tried before the Cir-
cuit Court at Inverness for that crime, and sentenced to
be banished to the Plantations for life,^ therefore the Com-
mission, considering that Mr Nisbet still remained a minister
of the Chiu'ch of Scotland, notwithstanding the sentence
passed upon him by the Lords of Justiciary, appointed the
Presbytery of Inverness, in whose bounds Mr Nisbet then
was, (being in the prison of Inverness,) to bring him to a
trial concerning the aforesaid crime as soon as possible, by
giving hira a libel, and examining -sritnesses, and to pass
sentence thereon as they should see cause ; and ordered the
expense of the trial to be forthmth paid out of the public
fund of the Church. The Commission appointed the Lord
Conservator and Principal Robertson to apply to the com-
missioners of the customs, for an order to one of the king's
cutters to bring over from Orkney what witnesses might be
needed in the course of the trial.

* He was indicted for adultery with a married woman both be-
fore and after his own marriage, and by a unanimous verdict was
found guilty aft^r his marriage. He was sentenced to imprisonment
for two months, and to be fed on bread and water only, and there-
after to be transported to the Plantations, and banished for life. —
See the former volume, p. 221, note.

ITGG.] CASE OF 3IR LYELL, 369

August Commission.

Wednesday, August 13, was the day appointed for the
quarterly meeting of the Commission of the Assembly. —
Some members met on the forenoon of that day ; but not
being a quorum, they adjourned, first to the afternoon,
then to Thursday, then to Saturday the 1 6th, (on which
day, by some mistake in the summons, Mr Lyell had been
summoned to appear,) and then to Tuesday the 19th;
when, at last, there was a quorum, letters having been
Avritten to several ministers requiring their attendance. — Mr
Lyell having been called on the Saturday, his agent appeared
(the attendance of his advocate being hindered by family
distress,) and protested against the adjournment, because
there was not a quorum. Mr Lyell was again called on
Tuesday, and his agent protested again; but the court pro-
ceeded. The libel was read, and a petition for Mr Lyell was
presented, craving. That before litigation, the court should
cause Mr Trail undertake to make out the whole of his libel,
under the pain of being censured as a slanderer, and should
administer to him the oath of calumny. The court found,
that the first of these requests had been already compHed
with, Mr Trail having signed the complaint, and undertaken
to make out the libel ; and the second request the court re-
fused, in regard the Assembly had received the libel. A
thii-d protest Avas taken on this for Mr Lyell. Defences for
him, which had been given in to the clerk, were then read ;
and the court ha^-ing heard parties, and considered the hbel
tmd defences, found the libel relevant, and that the defences
were not sufficient Avholly to exculpate from it ; repelled the
objection of prescription against receiving certain articles, as
going back beyond the space of five years, in respect of the
heinous nature of the crimes libelled, and the continued
flagrancy of the scandal ; and therefore allowed the pursuer
a proof of his libel, and the defender a proof of such facts
and circumstances as may tend to alleviate ; excepting, how-
ever, from the allowance granted to the pursuer, certain ar-
ticles of the libel concerning which the defender pleaded
alibi^ which plea the court sustained, and allowed the de-
fender a proof of it, directing this proof to be taken before
any evidence be admitted for proving those parts of the libel ;
and if the proof of alibi be sufficiently proved, all proof of

370 ANNALS OF THE ASSEMBLY. [1766.

such article or articles of the libel shall sist. A commission
for taking the proof was given to seven ministers, and Mr
Graeme of Graemeshall, a ruHng elder, sheriff-depute of Ork-
ney, or any of his substitutes, any three of whom to be a
quorum, the proof to be reported to the Conmiission on the
third Wednesday of November. A protest was taken for
Mr Lyell against allo^\^[ng the proof.

November Commission.

On Wednesday, Nov. 1 9, the Commission of the General
Assembly met at Edinburgh ; but there not being a quorum,
adjourned. Next day, there being a quorum, the affair of
Mr Lyell, minister of Sanday, in Orkney, was taken under
consideration. As the proof was not completed, the Com-
mission adjourned the cause till their meeting in March. —
Meantime they desired the procurator for the Church to
apply to the Lords of Session for their authority to summon
witnesses that may be called to give evidence in the cause ;
and appointed some of their members to examine such wit-
nesses as were then in Edinburgh.*

* The case ended in Mr Lyell's deposition by the Assembly 1768,
after a tedious process.

THE END.

APPENDIX.

I Notices of the Lords High Commissioners.

1. The Earl of Leven and Melville. From 1741 to 1753,
(both years inclusive,) the Commissioner was Alexander, the fifth
Earl of Leven, and fourth Earl of Melville, of whom a notice was
given in the former volume, (p. 296,) where the reader will also
tind his pointed allusions to the case of Gillespie in his opening
speech in the Assembly, 1752, (p, 260.) These allusions became
still more direct in his address to the Assenjbly, 1753: " The
preservation, the welfare, and the honour of our happy constitution
is, I know, so dear to you all, that I cannot but expect, that in the
management of the important affairs which are to come under your
consideration at this time, you wall carefully observe, as you have
hitherto done, a just medium betwixt an undue remission of your
authority on the one hand, and unnecessary severities on the other.
As all acts of severity are disagreeable, even when absolutely re-
quisite for the good of society, — ^by such a due mixture of justice
and mercy, you will act a consistent part, worthy of yourselves,
disappoint the hopes of your enemies, and give satisfaction to all
your friends. How much soever you may have differed in your
sentiments from one another, as to the expediency of interposing
the authority of the Church in a certain case, in this all ought to
agree, that since that authority has been interposed, it must, in
consistency mth the established rules of society, be supported ; for
whatever is fixed by a majority, becomes the common concern of
each member to support, (although against his own private opi-
nion,) as it is upon this foundation alone that society can subsist.
But I shall sincerely rejoice if the acknowledgment and submission
of that offending brother can pave the way for his being again re-
ceived, consistently with your honour, into the bosom of the
Church."

The Moderator, (Dr Webster,) must have felt some awkward-
ness in replying, inasmuch as he had taken the most active part in
promoting an opposite line of policy. His rejoinder we shall give
the more readily, as no record has been preserved of his address at
the close. " May it please your Grace ! when now assembled, in
the name of our Lord Jesus Christ, under the countenance and pro-
tection of lawful authority, it becomes us to remember, with hum-
ble thankfulness, the many instances of Divine goodness towards
this Church since the glorious Revolution, and to consider the h;.^)-
py accession of the present Royal Family to the crown of these
realms, as the great mean, under God, of the multiplied blessings
we this day enjoy. We should be of all men the most ungrateful,

372 APPENDIX.

if the distinguished proofs, and renewed assurances which we have
received of his Majesty's paternal care and concern, did not warm
our hearts \vith every loyal and every dutiful sentiment. We feel,
but want words to express, what gratitude and thankfulness be-
comes the subjects of such a Sovereign. The good opinion which
your Grace is pleased to entertain of the members of this house,
gives us the most sensible pleasure ; and we trust, hy a steady ad-
herence to the Laws of the Great King and Head of this Church,
and a due attention to the nature of our happy constitution, to man-
age the important affairs which may come before us, in such a man-
ner as shall satisfy your Grace, and convince the world that no
society, no assembly, can have the true honour, the real interest
and welfare of this Church more at heart. We hope to make it
appear, enemies themselves being judges, that we may justly claim
the character of those who pray for the peace, and wish well to the
prosperity of Zion.

" His Majesty's liberal donation for maintaining itinerant preach-
ers and catechists in the Highlands and Islands of Scotland, we
accept ^vith all thankfulness, and shall endeavour to employ the
same in the best manner for instructing the ignorant, reclaiming the
vicious, and bringing the disaffected to a just sense of their great
happiness under his Majesty's ausjucious reign. What your Grace
has been pleased to recommend on this occasion, deserves the high-
est regard ; and we should indeed be greatly wanting to ourselves,
as well as undutiful to the best of kings, if not solicitous to suppress
the first risings of sedition and rebellion. The dreadful ruin which
of late threatened every thing dear to us as men and Christians,
the enemies which still lurk in our bosom, and the restless endea-
vours of surrounding foes, are arguments more than sufficient to
awaken attention, and animate the zeal of this house. Your Grace's
well known regard for the interests of religion, your hearty concern
for this Church, and firm attachment to his Majesty's person and
Government, supersede the necessity of my assuring you, that the
high character you now sustain as representing his Majesty's royal
person in this Assembly, is most agreeable to them, and your
Grace Avill permit me to say, in a peculiar manner, acceptable to
me. It only remains to hope and pray, that this Assembly may be so
influenced by the wisdom which is from above, as that all their de-
cisions may tend to the divine honour and the good of this Church,
which we know will most effectually recommend us to the con-
tinuance of his Majesty's royal favour and protection."

This nobleman married Mary, daughter of Colonel Erskine of
Carnock, an aunt of Dr Erskine. He died on the 2d September,
1754.

2. The Earl of Hopetoun. The Assembly of 1754 had for
its Commissioner, John, second Earl of Hopetoun, who, accord-
ing to the chroniclers of the day, made on that occasion " a very
splendid appearance, especially when he went to church," (see p.
41.) He was born in 1704, and succeeded his father in 1742. He

NOTICES OP THE LORDS HIGH COMMISSIONERS. 373

was thrice married; and dying on the 12th February, 1781, in his
77th year, was succeeded, first by his son James, and then (in 1816,)
by James' half-brother, John, long known during the previous war
as the gallant " Sir John Hope." Professor Hamilton, the Mo-
derator of the Assembly, 1754, in addressing Lord Hopetoun,
said, that by his appointment as Commissioner, the Assembly was
greatly honoured, and he added, " the world about us will think so
likewise." In his address at the close he mentions, that more " no-
ble peers, and persons of high rank and distinction," had been pre-
sent then than at any former Assembly. Of his Lordship's speeches
there is no record, as he gave in none of them in writing. He was
a man much esteemed both for his public and private virtues.

3. Lord Cathcart. In nine successive Assemblies, (1755 to
1763,) and again in 1773, 1774, 1775, 1776, the royal person was
represented by Charles, the ninth Baron of Cathcart, the son of that
Lord Cathcart, who being appointed commander of the land forces
in Vernon's expedition against Carthagena, died at Dominica * on
the 20th December, 1740. His son became Lieutenant- General in
the army ; one of the sixteen peers for Scotland, First Lord Com-
missioner of Police there, a Lord of the Bedchambor, K. G., &c.
During the war between Russia and the Porte, he was sent as Am-
bassador Extraordinary to St Petersburg, where, (in 1771,) he lost
his wife, Jane, daughter of Lord Archibald Hamilton, whom he had
married in 1753.

Mr Reid of St Qui vox, Moderator of the Assembly 1755, (the
first where Lord Cathcart appeared as Commissioner,) alluded, in
his reply to his Lordship's speech, to his conduct in former capaci-
ties, in which he had acted a part " becoming the character of a
brave and honourable man. . . . The great ornamental and useful
qualities which your Grace possesses in an eminent degree, and
which have been formed and improved by the great examples of
your ancestors, who were distinguished and honoured in life upon
account of their loyalty and bravery in the service of their prince,
and in supporting and maintaining the religion and liberty of their
country, and whose memory is, and ever will be blessed, — give us
the fullest assurance that the important trust committed to your
Grace wall be managed and discharged with attention, fidelity, and
honour, and with proper dignity and lustre, "f

He died on the 14th August 1776, after a tedious illness, and
was described in the obituaries of the day, as " a nobleman no less
distinguished for the virtues which adorn private Life, than he was
eminent for all those which exalt a public character. In the capa-
city of father, husband, and friend, his Lordship had few equals,
and he was exceeded by none in discharging with dignity and abi-

* In the " Peerage of Scotland," (Edin. 1834,) it is said that he was slain at
St Christopher's ; but this is a mistake ; he was cut off by dysentery in the Island
of Dominica, where the fleet had gone to water.

t See also the addresses of Cuming in 1756, and of Leechman in 1757, which are
given below.

I i

374 APPENDIX.

lity, the duties of the high stations in which he had been placed by
his Sovereign." He was succeeded by his son the present vener-
able Earl of Cathcart, by whom the name has been rendered still
more illustrious.

4. The Earl of Glasgow. The High Commissioner from 1 764
to 1772, (inclusive,) was John, third Earl of Glasgow, and father
of the present Earl. He had succeeded his father in 1740 ; married
Elizabeth, sister and sole heiress of the last Lord Ross ; and died
at Kelburn, on the 7th March 1775.

Dr Gerard, Moderator of the Assembly 1764, thus alluded to
Lord Glasgow's appointment in his reply to his Grace's speech : —
" Permit me to assure your Grace, in the name of the Assembly
of this whole Church, that his Majesty's nomination of your Grace
to this high commission, is the object of universal approbation and
joy. The Church of Scotland has not become unmindful, and I
hope never will become unmindful, of the zeal with which your
Grace's illustrious ancestors have promoted its interests of civil
liberty, ever since the happy Reformation inseparably connected
with them, and that in the days when both were most in danger.
It is with pleasure we look back, my Lord, to your noble grand-
father having for several years filled the high office now committed
to your Grace, with the great approbation of the Assemblies of our
Church." He then refers to his Lordship's early attachment to
the Presbyterian constitution, his having defended the country in
the field of battle, with the most intrepid bravery, &c.

II. — Leets for the Moderatorship.*

1753. Alexander Webster, Edinburgh, (by a majority ;) Profes-

sor Leechman, Glasgow.

1754. Professor Hamilton, Edinburgh, (unanimously ;^ Andrevv

Gloag, West Calder.

1755. George Reid, St Quivox, (unanimously;^ Robert Malcolm,

Ewes.

1756. Professor Cuming, Edinburgh, (by a great majority ;') John

Lookup, Mid- Calder.

1757. Professor Leechman, Glasgow, (by a great majority ;) John

Richardson, Aberfoyle. f

1758. Thomas Turnbull, Borthwick, (by a majority;) David

Duncan, Stow.

1759. Dr George Kay, Edinburgh, (by a majority ;) John Gow-

die, Ersiltoun. J

1760. Professor Hamilton, Edinburgh, (by a majority ;) Joseph

M'Cormick, Kilmenv.

* The person first named was elected,
t Father of Professor Richardson of Glasgow.
% Probably a relative of Professor Gowdie, who had once been minister of Earl-
ston. See the former volume, p. 320, note.

NOTICES OF THE MODERATORS. 375

1761. Dr John Hyndman, West Kirk, Edinburgh, (unanimously ;)

Donald M'Leod, Glenelg.

1762. Professor Traill, Glasgow, (6^ a majority;) Joseph Fer-

gusson, Tundergarth.

1763. Principal Robertson, Edinburgh, (by a majority;) James

Laing, Glasserton.

1764. Professor Gerard, Aberdeen, (by a majority;) George

William Algernon Gordon, Tullynessle.

1765. James Oswald, Methven, (by a majority;) David Mon-

criefF, Rogerton, (Redgorton.)

1766. John Hamilton, Glasgow, (83 to 78) ; Principal Murison,

St Andrews.

III. Notices of the Moderators,* with their Addresses.

1753. Dr Alexander Webster^ Edinburgh. The following
sketch of this eminent man, appeared in the Scots Magazine for
1802, and was probably drawn up by Dr John Leyden, or his friend
Alexander Murray, the former being at that period editor of the
Magazine, and the other a frequent contributor : —

Dr Alexander Webster was the son of the Reverend James Web-
ster, minister of the Tolbooth Church in Edinburgh, and born in
that city about the year 1707. His father was descended of an an-
cient family in Fife, and educated in the University of St Andrews.
His bright natural abilities, and rapid progress in the literature of
those days, were not more conspicuous than a fervent early piety,
and warm zeal for the Presbyterian Church Government and forms
of worship. St Andrews was then the first seminary of learning
in Scotland, and the seat of an Archbishop. But the generality of
the nation, and, particularly, those who had any correct notions of
civil and religious liberty, detested the perfidy of the man, who
had sold the interests of his native Church for the splendour of a
mitre. James Webster incurred the resentment of Archbishop
Sharp, and was obliged to fly from college, in his mayistrand year,
without a degree. He associated himself with that party which
had all along refused to abjure the covenant, accept the Episcopal
establishment, or acknowledge, as their sovereign, the king who
had imposed it on the nation. Consequently he underwent the
persecution of the nonjurant clergy. He was apprehended and im-
prisoned for eighteen months in Dundee, in a place obviously in-
tended for condemned malefactors, by which his constitution was
broken, and his health rendered infirm and precarious.

He was soon after licensed to preach by the wandering votaries
of Presbytery ; and again confined in a dungeon in Dumfries,
whence he was probably liberated by King James's Act of Tolera-
tion,

The designs of Government were at last clearly understood.
The voice of reason, of freedom, and religion, expelled the ancient

* The other Office- Bearers during the period have been noiiced in the former
volume, p. 326."

376 APPENDIX.

family of Stuart from a throne which, for many ages, it had possess-
ed under the shadow of divine right. Presbytery was instantly
re-established in Scotland, according to the wishes of the nation.
James Webster was ordained minister, first at Liberton, near Edin-
burgh, then at Whitekirk, and, lastly, about the year 1693, in the
Tolbooth Church in the city, where he remained nearly twenty-
seven years, and died on the 17th day of May 1720. His funeral
was attended by a vast concourse of people, and many of the mem-
bers of the General Assembly of the Church, then sitting. As he
was extremely popular, he was generally and deeply lamented. Many
elegies * were composed in honour of his memory, which show,
at the same time, the rude state of Scottish taste in the beginning
of the 18th century.

His son, Alexander, was only thirteen years of age at the death
of his father ; and consequently, could derive little from parental
instruction or example. It was expected, however, that he would
resemble him in piety, abilities, and zeal for religion ; and the peo-
ple were not deceived. He studied at the University of Edin-
burgh, the several branches of college learning, with great approba-
tion, particularly those connected with the mathematics, for which
he showed an early predilection. He afterwards attended the lec-
tures of the professor of divinity in that university ; but it is not
certain whether he was licensed to preach by the Presbytery of
Edinburgh. A Minute appears in the Records of the Presbytery,
in the year 1732, mentioning a certificate and testimonial, granted
in the usual form to Alexander Webster, student in divinity.

In the year 1733, Mr Webster was ordained minister of the
Gospel in the parish of Culross, in the Presbytery of Dunfermline.
His first appearance, as a preacher, was uncommonly flattering.
His eloquence was noble and manly ; his piety conspicuous ; his
discharge of all the duties of the pastoral office, faithful and labori-
ous. To these essential qualities of a clergyman, he added an ar-
dent, but enlightened zeal for the external interests of the Church,
a jealousy of corruption, a hatred of false politics and tyrannical
measures, which sometimes exposed him to calumny from the guilty,
but secured him the unbounded esteem of all who could value inde-
pendence of soul and integrity of heart.

A double portion of the popularity of the father now rested on
the son. The congregation of the Tolbooth Church beheld, with
delight, the hopes of former times completely realized, and, by an

* " A curious pamphlet, containing three of these, and a kind of historical char-
acter in prose, printed in the year of his death, has partly furnished this account.
Mr Webster's manner of preaching may be gathered from his select sermons on
particular texts, printed after his death, in 1723. It was plain and homely lo ex-
cess ; his style was fitted to the capacity of his hearers, to such a degree, that most
of his sermons are now almost ridiculous. Yet it is easy to discover, through the
rude dress of the times, the true evangelical preacher, the heart that leads to hea-
ven. He who is disposed to laugh at the preacher, who descends from his learning
to instruct the ignorant, forgets that Infinite Wisdom employed t\\e parable." Va-
rious notices of Mr James Webster will be found in Traser's Memoir of Ebenezer
Erskine, (p. 207, 258. 312, 320,) whose second wife was his daughter. He took an
active part in the prosecution of Professor Simson.

MEMOIR OF DR WEBSTER.

377

unaniraous'call elected Mr Webster their minister, in the place of
the Reverend John Taylor, deceased. Mr Webster was accordingly
ordained 2d June, 1737. Mr Robert Wallace of the Tron Church,
who had been brought into the city in the same year with the fa-
ther of the celebrated Dr William Robertson, (August 29, 1733,)
preached the ordination sermon from Daniel, chap. iii. verse 3.

The prosperity of fortune which placed Mr Webster in his fa-
ther's church, and restored him to the literary and polished society
of his native city, was not confined to these favours. Eleven days
after his settlement in Edinburgh, he obtained the hand of Mary
Erskine, a young lady of considerable fortune, and nearly related
to the noble family of Dundonald. As Mr Webster was minister
at Culross, and the lady resided at Valley field in Fifeshire, it is
probable that the marriage was arranged before his preferment.
He is said to have been at first employed by a gentleman of his
acquaintance to gain Miss Erskine for an absent lover. The suit
of that lover he urged with uncommon eloquence, and received a
complete refusal, to which the lady naively added, " Had you
spoken as well for yourself, perhaps you might have succeeded bet-
ter." The hint was too obvious to be mistaken. Few could have
resisted an invitation which was evidently prompted by the con-
tempt of a man, who could entertain the frigid idea of making love
by proxy. The marriage was hastily celebrated, and some verses
of great beauty and feeling, are said to have been produced on the
occasion.*

The genius of Mr Webster now began to unfold itself. Family
connections extended his acquaintance with the nobility. Edin-
burgh, at that period, possessed a number of men, both in civil and
ecclesiastical stations, who had served or adorned their country.
With these, he was soon to co-operate in defending the Protestant
interests, both civil and religious, from the arms and artifices of
rebellion.

In the year 1733, five or six ministers seceded from the National
Church, on real or pretended grounds of corruption in that estab-
lishment. Anxious to draw away as many people as possible from
the communion which they had renounced, they, in the year 1741,
invited down to Scotland, Mr George Whitefield, a young English
preacher of great piety, and extraordinary pulpit abilities. Mr
Whitefield, on his journey to Dunfermline, one of the principal
abodes of the Secession, was met, and entertained at Edinburgh,
by Mr Webster, and some of his brethren. From them he learned
the state of church prejudices and parties in Scotland, and though
he kept his promise of preaching first in Fife, he openly refused to
connect himself with any particular sect. The astonishing effects
of Mr Whitefield's preaching were accordingly ascribed by the Se-
ceders to a very different cause from what was generally supposed.
Mr Webster had an opportunity of viewing these effects in their
amplest extent at Cambuslang, near Glasgow, about the middle of

* " Several patriotic songs have likewise been attributed to the same hand.
The song, " For lack of gold she left rae," has been ascribed to Dr Webster.

378 APPENDIX.

February 1742; and convinced, not more by the extraordinary
impressions which that celebrated Gospel orator made on his
audience, than by the future lives of many that were present,
he wrote a small pamphlet, ascribing the cause of their conver-
sion to the influence of the Holy Spirit. This account of the
matter was strangely contrasted with that of the Secession, who
imputed the whole to sorcery and the devil, excluded from the com-
munion table those who maintained the contrary, and held a
solemn fast for the unspeakable wickedness going on in the land.

During these exertions in the cause of practical religion, Mr
Webster was not forgetful of works of benevolence and mercy.
His natural abilities, as a profound calculator, he had now improv-
ed by a diligent attention to the mathematical chances of human
life, as founded on the best printed accounts of population, the his-
tory of annuities, and careful observation of the state of particular
parishes. This information he resolved to apply to a benevolent
purpose, in the execution of which, perseverance was not less re-
quisite than intellect.

The Scottish clergy, at the Reformation, obtained for the support
of themselves and the new establishment, a very scanty portion of
the revenues of the ancient church. The rapacity of the nobles
and crown seized on the rest, and promoted the interests of religion
and liberty, from motives that scarcely acknowledge the shadow of
virtue. The clergy were, however, content with their conduct ;
many of that body being as austere and simple in their lives, as the
most recluse religieux. As they were mostly of plebeian origin,
and ignorant of the luxury of the better sort, they easily sub-
mitted to a poverty, which was not to them privation. The
consequence of this was, that while Scotland remained without
trade, and ^vithout improvement, they experienced no difficulty ;
when the kingdom began to advance in both the foremention-
ed respects, the nominal value of money changed, and the minis-
ters of the several parishes were reduced to indigence. What
they received from the Exchequer or tiend-lands, was not sufficient
to support their families, much less provide for these after their
death. Their widows and children were commonly left destitute
of every resource, — a situation the more distressful, as it was often
novel to the sufferers.

Mr Webster matured his scheme of a perpetual fund to relieve
these contingencies, soon after his settlement in Edinburgh. From
an accurate list of the ministers of the church, and the members of
the three Southern Universities, compared with the ordinary ratio
of births, marriages, and deaths, in this and other kingdoms, he
was enabled to fix on a series of rates to be paid annually by the
members of these two departments, the amount of which rates was
to supply a specific annuity to every widow, whose husband should
be a contributor, and a proportional sum for the children of the
same. To forward this scheme, he opened a correspondence vdth
the different Presbyteries in the kingdom ; and, in the year 1742,
received for it the sanction of the General Assembly of the Church,

MEMOIR OF DR WEBSTER. 379

which, after suitable examination, approved of the whole plan,'vvith
the exception of a few immaterial particulars. Accordingly, the
several presbyteries and universities concurred with the Assembly
in petitioning Parliament for the act, enabling them to raise and
establish the fund, and obliging the ministers of the Church, with
the heads, principals, and masters of St Andrew's, Glasgow, and
Edinburgh, to pay annually, each according to his option, one of
the following rates, viz., L.2 : 12 : 6d. ; L.3 : 18 : 9d. ; L.5 : 5s., or
L.6 : 11 : 3d. ; to be repaid in proportional annuities of 10, 15, 20, or
L.25, to their widows, or in similar provisions of 100, 150, 200, or
L.2o0, to their children. The act was obtained in terms of the pe-
tition, (17, Geo. II.) with liberty to employ the surplus of the an-
nual payments and expenses in loans of L.30 a-piece among the con-
tributors, and put out the remainder at interest, on proper security.
A second act, amending the former, was procured on the 22d year
of the same reign (1748), regulating the several parts of the man-
agement, and granting liberty to raise the capital to L.80,000, in-
cluding the sums lent to contributors.* The commencement of
the fund is reckoned from the 25th of March 1 744. In the year
1770, a new Act of Parliament, procured by advice of Dr Webster,
prescribed the full form, in which the fund is at present conducted.
The loans granted to contributors were discontinued, as prejudicial
to the parties concerned ; liberty was granted to extend the capital
to L. 100,000 ; the methods of recovering payments, the nomination
and duties of trustees ; the salaries of the collector and clerk ; in
short, the whole economy of the institution, were fixed and deter-
mined. A tax on the marriage of each contributor, amounting to
one year's annual rate of his particular option ; and, if he were 40
years of age at his accession to his benefice, and had children, the
sum of two years and a-half of his rate, besides his ordinary dues
and marriage, were added to the revenues. Further, a sum of half
his particular rate was declared due to the fund, out of the ann. ;
or, in case of its not falling, out of his real or personal estate, on
the death of a minister ; and patrons were assessed in the sum of
L.3 : 2s. for every half-year's vacancy.

A report of the state of the fund was ordered to be made annu-
ally to the General Assembly by the trustees, and this afterwards
to be printed.

Dr Webster, in the year 1748, had finished a series of calcula-
tions, in which he not only ascertained the probable number of
ministers that would die annually, of widows and children that
would be left, of annuitants drawing whole or half annuities, and
the medium of the annuities and annual rates, but also the different
annual states of the fund, in its progress to completiug the capital
stock. These calculations have approached the fact with astonish-
ing precision.! On the 22d of November 1799, in the 56th year of
the fund and the year which completed the capital stock fixed by

* " By this act, the University of Aberdeen was included on request."
t In proof of this the reader may consult the present volume, p. 261, 309.

380 APPENDIX.

Act of Parliament, Dr Webster's calculations, after having approach-
ed the truth for a long series of years with surprisiiig accuracy,
stood in the following manner : The stock and surplus for that
year were L. 105,504 : 2 : 11 d. 3-12ths, and the calculated stock
was L.86,448: 12: lOd. 8-12ths; consequently, the difference was
L.19,055 :10s. 7-1 2ths.

Such was the progress of the most benevolent institution which
Scotland has ever established. The infant scheme had scarcely
commenced, when Mr Webster was called upon to take an interest
in an event which, had it succeeded according to the mshes of one
of the parties concerned, would probably have again banished Pres-
bytery to the mountains. This was the attempt of the house of
Stuart in 1745, to recover its ancient kingdoms. Mr Webster was
remarkable for his hatred and open censure of vice in all parties.
In the year 1740, he preached a sermon at the election of the city
magistrates, on the character and fate of Haman, in which a great
and very corrupt Minister of the State (Sir Robert Walpole) was
so clearly alluded to, and the corruption of his politics so strongly
exposed, that it has even been reprinted, to serve the purpose of
perpetual censure.

In the year 1745, Mr Webster remained in the city when it
was taken by the rebels, and employed his universal popularity
and vigorous eloquence in retaining the minds of the people in
the interests of the house of Hanover. His exertions in this par-
ticular were not overlooked by the spirited gentlemen who acted
in quelling the rebellion. He became an intimate friend of Dun-
can Forbes of Culloden, Lord Milton, Preston of Valleyfield, the
Dundasses of Arniston ; and, in short, of every patriotic name,
about or within the city.

On the 23d of June 1746, the day appointed by the General As-
sembly for a thanksgiving for the victory of Culloden, he preached
the longest of all his printed sermons. The passage of Scripture,
was Esther viii. 17, which, with his usual facility of adaptation, he
applied to the general professions of loyalty then made by the Tory
party throughout the kingdom. He compared the new-born zeal
of this party to that of the heathens in the Persian Empire ; who,
awed by the influence of the Jews at Court, made an external pro-
fession of Judaism. This discourse is entirely a history of the
successive events of the rebellion, delivered in strong, animated, and
impressive language, with appropriate comments on the cruelty of
the rebel chiefs, and dark masterly sketches of the effects of Popery.
The parallel between the heathens and tories, the Jews and the
loyal party, is generally kept in view, by occasional recurrence to
the context; yet, the author thought proper to desert the subject
for a considerable time, to pronounce, with all the ardour of patri-
otism, an eulogium of the King, the Duke of Cumberland, the Earl
of Leven, the Dukeof Argyle, President Forbes, and several others
of the loyalists.

Mr Webster now was equally caressed by the people, the govern-
ment, and the nobility. His great talents, as a deviser of new

MEMOIR OF DR WEBSTER. 381

schemes and improvements ' in the city of Edinburgh and the
kingdom at large, joined to the unerring accuracy of his calcula-
tions, soon rendered him a necessary attendant at all meetings,
where public or private good was to be projected. He entered
with enthusiasm into the plan of civilizing and propagating the
Gospel in the Highlands. Most of the measures were either con-
certed or amended by himself. He was the intimate friend of Pro-
vost George Drummond, to whom Edinburgh is indebted for a
new city, and the poor and destitute for an asylum. In the year
1755, he drew up, at the desire of President Dundas, for the in-
formation and service of Government, an account of the number
of people in Scotland. This he was enabled to do, by a general
correspondence which he had opened in 1743, both with clergy and
laity, for the purposes of the fund. " Dr Webster's well-known
character for accuracy," says the honourable and patriotic baronet
who drew up the Statistical Account of Scotland, " and the suc-
cess with which his calculations have been uniformly attended,
ought to satisfy everyone that the report he drew up may be safely
relied upon." In the year 1754, he published a sermon, preached
at the opening of the General Assembly in that year, entitled,
" Zeal for the civil and religious interests of Mankind recommend-
ed." In this discourse, he mentions with great warmth and elo-
quence, the royal exertions for the improvement of the north, and
points out the various branches of a duty which, during his whole
life, was ever nearest his heart.

Our limits will not allow us, nor our information suffice to enu-
merate, all the charitable institutions or projects of public welfare,
temporary or lasting, in which Dr Webster was engaged. As he
lived to an advanced age, he had the pleasure of seeing many of
them arrive at their maturity of usefulness ; and, of receiving the
blessings of the widow and orphan, — the noblest reward of living
merit. He persevered, to the latest period of his course, in that acti-
vity both of mind and body, which distinguished him in the prime
of life ; and ripe, like the sheaf in autumn, obtained his frequent
wish and prayer, an easy and peaceful death, after a very short in-
disposition, on Sunday the 25th of January 1784, aged seventy-six.
In a few days after, his remains were deposited in the Greyfriars'
Churchyard, in that common mass, where the ashes of Buchanan,
Robertson, and Black, with those of many other illustrious dead,
are lost among vulgar dust, without a monument or a name. His
grave was, for some time, inclosed with wood ; and a project of a
monument to his memory, was moved in the General Assembly,
which, not much to the honour of the country, has not been exe-
cuted.

Mary Erskine, Dr Webster's only wife, died on the 28th day of
November 1766. By her he had seven children alive in the year
1759, the year in which their names and dates of birth were en-

* " He is reported to have given the first plan of the New Town,* and even of
the public places of amusement."

382 APPENDIX.

tered in the register of the Presbytery, kept for the widow's fund,
and attested by himself. Of six sons, only the eldest, Major Web-
ster, is now alive, (1802.) One of them, Colonel Webster, fell
gallantly fighting in the service of his country, in the contest with
America. His only daughter Anne, was married to a Captain Min-
go, and is now dead also.

To give a complete character of Dr Webster, is almost beyond
the power of writing. Nature had endowed him at his birth, with
strong and gigantic faculties, which a very considerable share of
learning had matured and improved. For extent of comprehension,
depth of thinking, and accuracy in the profoundest researches, he
stood unrivalled. In the knowledge of the world, and of human
nature, he was a master. It was not wonderful, that the best so-
cieties in the kingdom were perpetually anxious to possess a man
who knew how to soften the rancour of public theological contest,
with the liberality and manners of a gentleman. His address was
engaging ; hu wit strong as his mind ; his convivial powers, as they
are called, enchanting.

As a minister of the everlasting Gospel, his character was popu-
lar in the extreme. His voice was harmonious, bis figure noble ;
the dignity of his look, the rapture of his eye, conveyed an electric
impression of the fervent devotion which engrossed his soul. In
prayer, and in sacramental addresses, his manner was particularly
noble and august. The style of his preaching was deeply evange-
lical ; his language strong and animated, rather than polished, and
somewhat lowered to the capacity of his hearers, to whose situa-
tion in life he always was attentive. His church was crowded by
the common people, who ran in multitudes to hear a minister, who
preached the great doctrines of religion without corruption, as they
are found in the Word of God.

To the poor, Dr Webster was a father and a friend. To men-
tion his name, is to mention charity itself. He was a liberal patron
of poor theological students ; the spark of genius, and the bud of
piety he cherished, wherever he found them, without vanity or os-
tentation. As a husband, father, and head of a family, his heart
was naturally too good, his feelings too strong, and his sense of re
ligion too great, to be in any respect habitually deficient.

His political sentiments, both civil and ecclesiastical, were those
of a Whig, firm, independent, manly, and constitutional. He was
jealous of corruption and error, and expressed his unqualified cen-
sure of both, with equal spirit and abhorrence. Popular in the ex-
treme himself, he highly disapproved of the conduct of those min-
isters, who, when forced upon a congregation, neglect to cultivate
the acquaintance of its members ; and, by either preaching not
evangelically, or above the capacity of the audience, scatter it up and
down among the different sectaries. His particular share in the
Government of the Church, was accordingly managed for the inte-
rests of the people.

f "..In his person, Dr Webster was tall, of a thin and meagre habit.
The several features of his face were strongly marked ; the confor-

MEMOIR OF DR WEBSTER. 383

mation of the whole indicated genius and independence.* The dig-
nity of his eye, and the natural grandeur of his look, were never
employed to intimidate the poor or the humble. He was affable to
all, liberal both of his money and of his interest ; accessible to the
voice of distress, under whatever form. Towards the end of his
life, he stooped much, under the pressure of age. During the long
period of seventy-six years, he maintained a uniform reputation as
a man, a patriot, and a minister ; and the effects of his genius and
benevolence will record his memory in the breast of the widow and
the orphan, as long, (to use the animated language of his funeral
eulogium,) as an university shall flourish, or the vestige of a church
shall be seen in his native land."

On the Sabbath after Dr Webster's death, a funeral sermon was
preached by his colleague, Dr Gloag, from John xi. 11, " Our
friend Lazarus sleepeth." The peroration was as follows: —

" You, my friends of this congregation, have no doubt antici-
pated me already, in the further prosecution of this subject, and
prevented me in the application I intend to make of it to the char-
acter of your late most valuable and worthy pastor, whose death
you are now lamenting. I sincerely pity and feel for you on this
melancholy occasion ; I could even mingle my tears with yours, as
I have but too great reason to join with you in your grief, when I
consider the many endearing obligations I received, from his pecu-
liar attention and regard to myself. He was the first who intro-
duced me to public life ; and from that period till the day of his
death, he honoured me with a steady, invariable, and most affec-
tionate friendship. His memory will therefore be always dear to
me ; gratitude calls on me to speak in his praise, while at the same
time I must acknowledge ^vith regret, how unequal I am to the
painful task which has fallen to my lot this day. They who best
knew his eminent distinguished worth, will not hesitate to confess,
that to do full justice to his character, would require a genius as
great, a mind as comprehensive, and a tongue as eloquent as his
own. The sincerity, however, of my affection to him, and the
purity of my intention, will compensate, I hope, in some measure,
for the imperfections of the present attempt to do honour to his
memory. Where, then, shall I begin ? or in what point of light
shall I endeavour to represent his most instructive and useful char-
acter ?

" Shall I desire you first to behold him in the dear relation of a
kind and indulgent father, loving, and beloved, by his children ?
Alas ! the very mention of the name may perhaps irritate those
feelings which, I fear, are but too painful already by the sudden
and unexpected shock they have received.

" Consider him next, if you please, as a minister of the Gospel
of the Son of God, leading the public devotions of his people, and
admonishing, instructing, and comforting them from his Holy Word.

* There is a portrait of Dr Webster in the Trustees* Hall.

384 APPENDIX.

Think on the humility, the earnestness, and the fervour of his
prayers, when he poured out his very soul to God on our behalf,
from the place where I now stand ; think on the solemnity with
which he delivered the message of his great Master, and the concern
of spirit Avith which he besought sinners to be reconciled to God ;
think on the tender, aflfectionate, and most encouraging manner in
which he addressed the desponding mind, and the sorrowful heart ;
and then say, if he did not * watch for your souls, like one that
must give an account ? '

" Follow him next to a communion table, holding in his hands
the sacramental pledges of the broken body and shed blood of the
Redeemer, and, by prayer and supplication, with thanksgiving, set-
ting them apart from a common to a sacred use — Say, for you know
it well, did he ever appear in so grand and august an attitude as on
that solemn occasion ? Did not his manner, his voice, his counte-
nance, his every feature, show the intense devotion of his heart ?
Difficult it was to tell, whether admiration, or gratitude, or love,
or joy, or humility and contrition of spirit, did then most prevail ;
or if his soul felt the happy influence of all these gracious affections
acting in concert and harmony together. One would have thought,
that on such a solemn occasion his faith was elevated to an uncom-
mon degree, and permitted to take a view of the glory of the great
Immanuel himself within the veil.

" The heart, you may believe, that was so full of devotion to
God, could not be destitute of love and charity to men. Consider
him, then, as an advocate in the cause of liberty, as a friend to the
sacred rights of conscience, and the exercise of private judgment in
matters of religion. Here he made a noble and most amiable
figure, displaying at once the quickness of his apprehension, the so-
lidity and strength of his understanding, and the extensive candour
and benevolence of his heart. He allowed, ^vith great propriety, to
others the same privilege he claimed and exercised in his own con-
duct, the privilege of thinking and judging for themselves, in the
discussion of every question wherein God and religion were con-
cerned. No haughty forbidding airs of superiority did he assume ;
his sentiments he delivered with an easy freedom, great temper and
moderation of spirit, paying a becoming deference to those who held
opinions different from his own ; and when the debate was closed,
he treated even his keenest antagonists \vith all the complaisance
and agreeable manners of the polite and accomplished gentleman.

" If you imagine, that the man who was so well qualified to shine
in public, was inattentive to the concerns of private life, you must
be strangers indeed to his character. He was a friend to the poor.
He heard their complaints with the affection of a man, and relieved
their wants with the generosity of a prince. Well did they know,
for they knew it from experience, that his hand was as ready to give
as his heart was to devise liberal things.

'* From this beautiful part of his character, let me lead your at-
tention to another, in which he appeared in a truly amiable and
conspicuous light. You will easily perceive, that I now refer to

MEMOIR OF DR WEBSTER. 385

the most ingenious, useful, and justly admired scheme, which the
God of all wisdom and grace enabled him to contrive and accom-
plish, for the support of the widows and children of all the ministers
of the Church, and for the support also of the widows and children
of all the principals and professors of the four learned uni verities of
Scotland. This is a scheme of such invention, labour, excellence,
and real utility, as surpasseth all praise, and will transmit the name
of your late worthy pastor, with distinguished honour and respect,
to the latest posterity. Suffice it only to say of it in general, that
it is founded on the best principles of calculation, and a thorough
knowledge of human life ; and during the time that it pleased the
Sovereign Disposer of all events to allow its most ingenious author
to remain with us, to superintend and direct its progress, it was put
to such a full and satisfactory proof, that, under the care and pro-
vidence of God, it will continue to be a sure and lasting fund of
relief to the wdow and the fatherless, so long as an university shall
flourish, or the vestige of a church shall be seen in our native land.
Many a time hath your late pastor, by means of this most benevolent
scheme, * delivered the poor that cried, and the fatherless, and him
that had none to help him. The blessing of him that was ready to
perish came upon him ; and he caused the widow's heart to sing for
joy.' Numbers already gone have praised the Lord on his account ;
and thousands yet unborn will rise up, and bless the great Father
of the fatherless, and the Husband of the widow, for giving them
such a kind and tried friend, — such a humane, generous, and unwea-
ried benefactor, as tliey found in the great and good man whose
death we are this day lamenting. Thus you see how he lived ; he
lived to his God, and to his country, \vith much honour and credit
to himself, and great benefit to society ; and at last, according to
his own icish and prayer, (if my information be good, and I have rea-
son to believe it to be good,) he was blessed with an easy and a
peaceful death, and carried to the end of his journey through life, in
a good old age, * like as a shock of corn cometh in in his season.'
On the morning of the last Sabbath, while we were assembling for
the worship of God in his courts below, his precious spirit was
called to the temple above, to keep an endless Sabbath with his
God and Father in heaven ; and his body was left to rest in the
grave, in hope of a joyful resurrection to eternal life."

Dr Webster received the degree of Doctor in Divinity in the
year 1760, when about to proceed to London as one of the deputa-
tion sent to address George III. on his accession. (See p. 213.)
In 1772 he succeeded Mr James Stewart as collector of the Wi-
dow's Fund, a situation to which he was well entitled.

The following are the titles of his printed sermons: — (1.) " The
Wicked Life, and Fatal but Deserved Death of Haman, Ahasuerus'
Prime Minister," 1740. (2.) " Supernatural Revelation the only
sure hope of Sinners," (preached before the Society for Propagating
Christian Knowledge,) 1741. (3.) " Heathens professing Judaism
when the fear of the Jews fell upon them." Two sermons from
Esther, viii. 17, preached on the thanksgiving for the late victorv,
Kk

386 APPENDIX.

(CuUoden,) 1746. (4.) " Zeal for the civil and religious inte-
rests of mankind recommended," (preached at the opening of the
Assembly,) 1754.

It had been the practice of both the Commissioners and Modera-
tors to give in their speeches in writing, that they might be en-
grossed in the Record ; but Webster set the example, (which was
soon generally followed,) of withholding a copy of his concluding
address. We have embodied, however, in the notice of Lord Le-
ven, his reply to that nobleman at the opening of the Assembly.

1754. Professor Robert Hamilton^ Edinburgh. " Upon Princi-
pal Wishart's death in 1754, he was succeeded by Dr John Goldie,
professor of divinity ; and Mr Robert Hamilton, one of the minis-
ters in Edinburgh, was elected to the theological chair. It was
this gentleman's father who held the same office for so many years,
and was afterwards advanced to be Principal.*

" Mr Hamilton was born within the walls of the college ; was ini-
tiated into the knowledge of the Latin language at the High
School ; and, in due time, was entered a member of the university.
He had been early destined for the Church ; and having performed
the requisite exercises with approbation, he was licensed to preach
the Gospel by the Presbytery of Edinburgh. Some time afterwards,
he was presented to the church of Cramond, in the vicinity of
Edinburgh. He then removed to Edinburgh, and was succes-
sively minister of Lady Yester's, and of the Old Greyfriars
Church.

" The patrons adhered, in his case, to the resolution which they
had formerly made, that, upon being elected professor of divinity,
he should demit his office as one of the ministers of the city.

" Dr Hamilton was a man of abilities. He was particularly well
skilled in controversial theology ; and took great pains to give an
accurate view of those systems of divinity which had been most
celebrated in the world. In doing this, he discovered great address,
as well as candour ; for he took no undue advantage, though he was
careful to state his objections to the opinions which they defended,
whenever he considered it necessary. He was also remarkably can-
did in his critical remarks upon the discourses which the students
delivered in the divinity hall ; and acquitted himself in that delicate
department of his office, so as to gain the esteem even of those
upon whose errors in doctrine, defects in composition, or mode of
delivery, he had used the liberty to animadvert. He never took

* " Dr William Hamilton was a man much esteemed for the wisdom and good
temper with which he conducted the debates of the General Assembly, and no
less esteemed for his learning, judgment, and candour as a teacher. I have heard
Dr Leechman sav that he was under great obligations to Professor Hamilton ; that
he learned much" from him in many points, about which the Professor spoke his
mind openly ; and that, young as he was, he learned something also in other points,
about which the Professor said nothing. The silence of such a man struck him,
it should seem, and led him to investigate the causes of it." Memoir of Leech-
man, (prefixed to his Sermons,) by Dr James Wodrow of Stevenston, vol. i., p. 4.
The reader will find allusions to his father in Professor Robert Hamilton's address
to the Assembly, 1754, given below.

NOTICE OF DR HAMILTON. 387

a very active part in the public management of the politics of the
General Assembly, though party spirit never ran higher during any
period of the history of the Church of Scotland than it did in his
time. Such was the respectability of his character, however, that
he was twice raised to the dignity of being Moderator of that ve-
nerable court, viz., in 1754 and 1/60.

" When he began to feel that the general state of his health pre-
vented him from performing the duties of his class, as he wished,
aiid had been accustomed to do, he was desirous to have an assist-
ant and successor. The patrons, therefore, elected Dr Andrew
Hunter, as conjunct professor of divinity, upon the 10th September
1779.

" Dr Hamilton on that occasion retired from public business; and
he died on the 3d April 1787." Bower's History of the Univer-
sity of Edinburgh, vol. ii., p. 366. In the Assembly 1748, Hamilton
acted as clerk, in the room of George Wishart, who was Modera-
tor. He was put on the leet for Moderator in 17o2, when Cun^^ng
was chosen. Being Moderator at the time of the death of George

II. in 1760, he headed the deputation sent to congratulate George

III. on his accession.

The following was his address at the close of the Assembly
1754 : — " Right Reverend and Right Honourable, — As this National
Assembly is now drawing to an issue, custom and precedents, and
your expectation founded upon these, will authorise my addressing
you from the chair, in which it was your pleasure to place me.
For the honour thereby done me, an honour greatly heightened by
your unanimity in conferring it, I return my most sincere and re-
spectful thanks to you all. I am deeply conscious that on the
tooting of personal merit I had no pretensions to such a distinguish-
ing mark of your favour, nor could ever have expected to receive
it ; and well might this consciousness have sufficed of itself to check
and bear down all risings of vanity ; but I have another safeguard,
another most effectual preservative against all such weakness ; it is
the firm persuasion which I have, and which I shall cherish, and
must ever retain, that the true source of the honour done me on
this occasion, and your great judgment to unite in bestowing it, is
a kind remembrance of the merit and affectionate services of a late
eminent member of this Church, whose assiduous cares and labours
are well known to have been devoted, while he lived, to her in-
terests and honour. Pardon this digression, if you judge it to be
one ; a fulness of heart, the genuine effect of my just gratitude to
you. Right Reverend and Right Honourable, mingling with the
workings of filial reverence and affection, have constrained me to
make it. It will, I flatter myself, be unnecessary, after the true
sense I have been expressing of your favour, to take up much of
your time in declaring, that from the moment of my entering this
place of honour, which you were pleased to assign me, it has been
my incessant and sincere desire to behave with all dutiful respect
to every reverend and honourable member of your Assembly. I
hope I have given offence to none. If, unhappily and unawares, I

388 APPENDIX.

have done so in the smallest degree, I desire and hope to be forgiven.
Nothing ought to have been, nothing indeed was or could be fur-
ther from my intention. In this Assembly, Right Reverend and
Right Honourable, you have beheld, and if I may presume to judge
of your feelings by my own, you have with pleasure beheld many
of our noble peers, and persons of high rank and distinction wit-
nessing your conduct — more, I am persuaded, than ever were pre-
sent in any former Assembly of your Church ; and may we not
conclude, from the honourable and just applause which, both in
early and in latter diets, was openly given you by some of them
who' favoured us with their presence and assistance as members,
and who are not more distinguished in their noble birth and high
rank in the world, than by their great abilities, — may it not, I say,
be concluded, that you have gained universal esteem and approba-
tion, such an acquisition is a most valuable treasure ; let us study

to preserve it entire, and to improve it for the best of purposes.
My* reverend brethren in the ministry know well how much the
favour and esteem of persons, whose power and influence is so con-
siderable, may contribute, by the Divine blessing, to the success of
their faithful labours to the revival, credit, and progress of religion ;
and may we not hope that a kind and gracious Providence has been
at this time sowing the seeds of future benefit to this National
Church. When I am thus recollecting with delight, and remind-
ing you of those honourable testimonies in your favour, it would
be the height of ignorance and presumption in me to add or attempt
any thing on that head. I bless God on my own behalf, for the
order and decency with which all your deliberations and proceed-
ings have been conducted. These have rendered my task easy and
comfortable, and prevented from appearing to public view those
weaknesses and that incapacity for the station assigned me, which
(had matters been otherwise) could not in all probability have been
concealed. To conclude : may I not, my reverend and dear breth-
ren in the holy ministry, without being thought too assuming, recom-
mend to you with all earnestness — now that you are to separate and
to resume the exercise of your ordinary ministrations in the several
congregations committed to your care — to exert your best endea-
vours in the services and for the honour of your great Lord and
Master. Feed his flock which he hath redeemed by his own blood.
Let your whole conduct discover that you have taken the oversight
thereof, not for filthy lucre, but of a ready mind. Watch for the
conversion and salvation of precious and immortal souls. Express
that reverence and love towards the Lord Jesus which you incul-
cate upon others, by doing what in you lieth for promoting the
great and glorious end of his redeeming mercy, by warning every
man, and teaching every man in all wisdom. By setting patterns
of all holy conversation and godliness, aspire after the inestimable
honour of presenting many perfect in Christ Jesus, — after that crown
of glory which fadeth not away, which the chief Shepherd, on his
return, will bestow on every good and faithful servant of his. Op-
pose, by every method becoming the Gospel, becoming your sta-

ADDRESS OF MR REID. 389

tions in the Church of God, and the spirit of our Great Master,
the growth and process of infidelity, impiety, and profaneness. Let
us cherish that loyalty to our most gracious Sovereign, for which
we have all along been conspicuous. The repeated assurances we
liave been honoured with throughout the whole course of his aus-
picious reign, of his royal favour and protection, his sacred and in-
violable regard to these must render us inexcusable if we do not
distinguish ourselves as patterns of loyalty and affection to his per-
son and government. Let nothing in our power be wanting to
promote, diffuse, and strengthen the principles of an unshaken loy-
alty in the hearts of all his other subjects to whom our intiuence
or example can be extended. No tribute can be more just, nor any
method more effectual for their own safety and true interest, than
to keep them steadily in their affection to a prince who has ever
been a most faithful guardian of the privileges and rights of his
subjects."

His address at the close of the Assembly, 1760, will be found
below.

1755, Mr George Reid, St Quivox. He was born in the year
1692 ; was settled at St Quivox (or St Evox, as it is often found
written) about the year 17*23; and died at Ayr on the 21st
March 1763, in his 71st year.

The following was his' concluding address: — " Very Reverend
and Honourable, I am to make my humble and thankful acknow-
ledgments to you for the undeserved honour you conferred upon
me when you gave me this seat. My want of proper qualifications
required your direction and assistance, which was kindly afforded
me ; and I would gladly hope, that making favourable allowances,
my endeavours to perform my duty, however imperfectly, have
been accepted by you. If I have erred in any thing through ignor-
ance, mistake, or inadvertency, I hope you have forgiven me. If
I have injured or offended any person, I crave and expect forgive-
7iess from them. The business which by the help of God you have
despatched, hath been various. There were several things relat-
ing to the general interests of the Church and religion ; others to
particular circumstances of some of the ministers of it. You have
endeavoured to make provision for removing the difficulties and
easing the grievances of such who had ground. You have, I hope,
justly restored the characters of others* who had been defamed by
very foul and injurious imputations, and by this means have given
a proper proof of the inviolable regard that is due to the laws of our
constitution, and the still more important laws of charity. Your
decisions in these cases, it may be hoped, will be a perpetual check
and discouragement to the effects of malice and partial designs in
evil-minded men. At the same time we ought all to receive instruc-
tions from such instances, that as we see any trivial incidents, any
the most slender circumstances laid hold on by malice or prejudice.

* This refers to the cases of Grant, Grier and others. See p. 65.

Kk 2

390 APPENDIX.

magnified by forced and artificial constructions, mixed scandalous
colours, and sent abroad into the world in a most deformed sbape
and appearance, cannot but attract the notice of all, and will re-
ceive the worst construction from the peevish and unamiable, which
is, I fear, the greater part of mankind, who are ever ready to inter-
pret the most distant appearances to be certain proofs of guilt. That
upon these accounts, and that our character is of a very delicate
nature, the utmost caution is to be used, lest in our conduct we
should give occasion to those who seek occasion, to vilify and de-
fame our ministry. You have shown a just and laudable zeal and
concern for the interests and credit of true religion ; the very being
of which, so to speak, has been exposed in some late books produc-
ed or dispersed in this country. The measure you have taken to
impress the minds of men with a proper abhorrence of the impiety
of these attacks made upon religion, and to warn and caution those
under your care, lest they should be led away by the errors of the
vain or the wicked, it is to be hoped will have a good efiect. It
may be expected that your authority in determining some vacant
parishes, should allay animosities among those concerned, and unite
them in a cheerful compliance with your just decisions, — the ra-
ther, as these contentions have been at all times the unhappy
sources of great divisions among ourselves, and of distractions
among the people ; which have produced Christian alienation of af-
fection among brethren, and proved to be an effectual bar to edi-
fication. It would be a great consolation to us had we ground to
hope that these sources of disorder were a drying up, and a stop
putting to the poisonous streams issuing from them. Some things
ycfu have referred in your Commission, which, I doubt not, will
receive a righteous determination. And now the affairs which
came under your consideration being (I hope I may say) happily
ended, as we did assemble in the name and by the authority of
Jesus Christ, our Great Lord and Master, the Head of the Chris-
tian Church, so in like manner we do dissolve and separate accord-
ingly.^' After the usual form of dissolving this Assembly and in-
dicting the next, he goes on : " And now, my Reverend Fathers and
Brethren, we are to return to the particular parishes v/here our
pastoral labours are to be employed. The great object of our care
and attention, — the great, the proper views and aims of all our sa-
cred ministrations, is true religion, which consists in sound faith
and holy conversation, duty likewise, and loyalty to our most gra-
cious Sovereign, and an affectionate regard and concern for the
constitution, peace, and order of our country. These valuable and
important ends we can never sufficiently promote by other means
than sound doctrine, and the powerful example of quiet and peace-
able lives in all godliness and honesty. It might be justly con-
structed as an instance of arrogance and presumption in me to as-
sume the office of an instructor, exhorter, or monitor to you. Let
me only beg leave to observe, that the best method we can take,
that our preaching and our life may, by the blessing of God, hap-
pily conduce to the intiuence and power of true religion among all

PROFESSOR CUMING S SPEECH. 391

ranks, is to keep strictly to the Law and to the Testimony, — in
this way holding forth the pure word of life. The apostle has sum-
med up a minister's duty, and his encouragement in performing it,
in an exhortation full of divine force and energy ; ' Take heed,'
says he to his disciple Timothy, ' Take heed to thyself and to the
doctrine, for in so doing thou shalt both save thyself and them that
hear thee.' May I take the liberty to make an observation more,
— that factions among ministers, which will ever be destructive of
that which is the great bond of unity, I mean charity, must neces-
sarily counteract the efforts, and mar the influence and efficacy of
their sacred ministrations, while each party will zealously endea-
vour to disafFect the people from the other, especially as these ani-
mosities and contentions are often vented in public debates, in their
courts of judicature, or in more private conversations, and some-
times sent abroad into the world in private libels and pamphlets —
of which very blameahle practice, I am sorry to say it, there are not
wanting instances at this time. But, my dear fathers and brethren,
let us endeavour to maintain the unity of the spirit in the bond of
peace ; and may the God of peace, who brought again from the
dead our Lord Jesus Christ, the great Shepherd of the flock,
through the blood of the everlasting covenant, make us perfect in
every good work to do his will, working in us that which is well
pleasing in his sight, through Jesus Christ our Lord, to whom be
glory for ever. Amen."

1756. Professor Cuming of Edinburgh. Of this gentleman,
who took the lead on the Moderate side, until supplanted by Ro-
bertson, some notice will be found in the former volume, at p. 319.
He was Moderator three times, viz., in 1749, 1752, and 1756.

His concluding address to the Assembly 1756, has not been pre-
served ; but his speech to the Commissioner (Lord Cathcart) was
as follows: — " May it please your Grace, when we meet in a Ge-
neral Assembly of this Church, we cannot but with the greatest
gratitude and thankfulness to God, commemorate the invaluable
blessing he conferred upon it by the Revolution, under King Wil-
liam, of glorious and immortal memory, who restored it to its anci-
ent privileges, and who, by settling the succession upon the illus-
trious house of Hanover, which hath given us our most gracious
Sovereign, did all that he could to perpetuate these blessings to
latest posterity. His Majesty's constant regard for the rights of
his people, his steady attachment to the interest of the nation, both
at home and abroad, particularly in this critical juncture,* hath'en-
deared his character to all his subjects, makes his life precious, and
will embalm his memory. The protection he hath given this
Church, his zeal for propagating true religion in the Highlands and
Islands, his countenancing this Assembly by his royal authority, his
appointing your Grace to be his High Commissioner, cannot but
excite our warmest affection to his sacred person, and prompt us

* Seep. 71.

392 APPENDIX.

to pay the most cheerful obedience to his wise Government. I
can with great assurance affirm, in the name of this venerable As-
sembly, that no choice could be more acceptable to us than that of
your Grace to represent his royal person. Every body must be
persuaded of this, who knows any thing of your most ancient and
noble family, in which honesty and honour, courage and clemency,
a zeal for the reformed religion, and a love of true liberty, have been
hereditary. In this glorious cause, not a few of your noble ances-
tors have sacrificed their lives. We remember with what conster-
nation all ranks of men were struck, upon the accounts of the death
of the late Lord Cathcart,* your father, when one might view his
character in the eyes of a whole nation. What joy must it give to
see his son so early distinguished in the camp and in the court, in
the senate and in the country, adding every day new lustre to a fa-
mily already illustrious. We can only, by our ardent wishes and
sincere prayers to God for the prosperity of your noble house, and
by using all our endeavours to make your high station as easy as
possible, express the honour we have for you, and earnestly desir-
ous to merit your Grace's approbation, that you may be able to
give (and we are sure you will with the greatest pleasure give) a
favourable report of us to our most gracious Sovereign."

1757. Professor Leechnan of Glasgoic. — William Leechman was
the son of a farmer in the parish of Dolphington, Lanarkshire,
where he was born in the year 1706. He was educated at the pa-
rish school of Dolphington, and afterwards at the University of
Edinburgh, not without some assistance from the family of Baillie
of Jerviswood, who took an interest in him from the circumstance
of his father having had the courage to take down from the Tol-
booth of Lanark one of the quarters of their unfortunate ancestor,
(executed in 1684,) and give it a decent burial. Having distin-
guished himself at college, Leechman was recommended as tutor to
the son of Geddes of Kirkurd, in Peeblesshire. He began his theo-
logical studies about the year 1724, under Professor WiUiam Ha-
milton.! In 1727, having become tutor to young Mure of Caldwell,
he thenceforth attended the College of Glasgow, where he attracted
the notice, and enjoyed the friendship, of the celebrated Hutcheson,
and of Dunlop, Professor of Greek. Some of his more intimate
companions were Messrs Clerk, Craig, Fleming, and Warner, after-
wards ministers respectively in Neilston, Glasgow, Kilmalcolm, and
Kilbarchan. In the month of October 1731, he was licensed to
preach by the Presbytery of Paisley ; and in the same month of the
year 1736, he received and accepted a unanimous call from the pa-
rish of Beith, the Countess of Eglinton having waived her right of
patronage, and recommended him to the Presbj'tery of Irvine. Here
he remained for seven years, residing for the most part at Caldwell
House, which lies within the parish. Being chosen moderator of
the Synod in 1740, he opened the next meeting with a sermon " on

■" See p. 373. t See p. 386, Note.

NOTICE OF LEECHMAN. 393

the temper, character, and duty of a minister of the Gospel," which
was published, as was likewise his famous sermon on j)raiier, in
1743. In July of that year he married Miss Bridget Balfour of
Pilrig, and was soon after invited to be pastor of a church in Belfast,
which, however, he declined. In the month of November, the chair
of divinity at Glasgow became vacant by the death of Mr Michael
Potter, formerly minister of Kippen, Two candidates were brought
forward, the famous John Maclaurin and Leechman, when the latter
carried it by the casting vote of the Rector, George Bogle, Esq. of
Daldowie. The minority made an unsuccessful attempt before the
Presbytery of Irvhie to prevent his transportation ; but when he
appeared before the Glasgow Presbytery, that body refused to enrol
hiih as a member, and at last, at the instigation of Mr Robe of Kilsyth,
raised against him a process of heresy, (grounded on his sermon on
prayer,) of which a full account has been given in the former vo-
lume of the Annals, (pp.46, 386,) and which ended in his acquittal,
Leechman followed the example that had been set by Hutcheson,
in writing his lectures in English instead of Latin. His text-book
in Systematic Theology was Pictet, afterwards changed to Oster-
rald. A copious abstract of all his prelections has been given by Dr
Wodrow, in his Memoir of Leechman prefixed to his " Sermons."
In 1748 he edited the posthumous essay of his first pupil, Geddes,
" on the Composition of the Ancients; " and in 1755, (about which
time he received the title of D. D. from his own college,) he pre-
fixed an account of the life of his friend Hutcheson to his " Moral
Philosophy," which was then published by the author's son. He
was put on the leet for moderator of the Assembly in 1753, when
Webster was elected ; he himself was chosen moderator in the year
1757, and opened the Assembly 1758 with a sermon (afterwards
printed) on the " Wisdom of God in the Christian Revelation," On
the death of Principal Neil Campbell, in 1761, Leechman was raised
to that office through the influence of his old pupil. Mure of Cald-
well, then one of the Barons of the Exchequer. In this capacity
he gave a lecture for some time, once a-week, to the students of
divinity, as Primarim Professor ; and also weekly lectures on Sun-
day evening to the whole university. In 1767 he preached the
anniversary sermon before the Society for Propagating Christian
Knowledge, which was published, wth the title, " The excellence
of the spirit or genius of Christianity, as a spirit of fortitude, ot
love, and of a sound mind," Dr Leechman, after a series of para-
lytic shocks, died on the 3d December 1785, in his 79th year. He
left his library to his nephew, the Rev. William Pairman of Ely,
except a large present of books and pamphlets, which he bequeathed
to the library belonging to the divinity students, A selection from
his sermons, in 2 vols. 8vo., appeared in 1789, with a sketch of his
life, by the Rev. Br James Wodrow, (a son of the historian,) minister
of Stevenston, — to which the reader is referred for a full delineation
of his simple, but dignified and amiable character. As to his literary
merits, Lord Woodhouselee says : — " The style and composition
of Leechman, with equal purity, bad more elegance than Hutche-

304 APPENDIX.

son's, and contributed greatly to form the taste of his pupils in
theology, and improve the eloquence of the pulpit in Scotland.
He was himself a most celebrated preacher ; and it was generally
regretted that his appointment to the professorship of divinity, which
has no pastoral charge annexed to it, made his appearances in the
pulpit from that time rare, and only occasional. But this disappoint-
ment was in the main for the benefit of the Church, as his theolo-
gical lectures, which were extremely popular, were the fruit of
great knowledge of his subject, a sufficiency of leaining, a sound
judgment, a good taste ; and, above all, of a liberal and candid
spirit, which had a sensible influence on the characters and the opi-
nions of his pupils. As Principal of the University, he conducted
himself with becoming dignity, and with the esteem and veneration
of the whole body over which he presided." " He had (says Dr
Carlyle) the appearance of an ascetic monk, reduced by fasting and
prayer nearly to the figure of a skeleton ; but in aid of fine compo-
sition and excellent matter, he delivered his sermons with such a
pathetic voice, and earnest persuasiveness of manner, that he capti-
vated every audience." — Dr Carlyle' s MS. Memoirs* To this we
may add the testimony of Sir Henry Moncreifl!',f who speaks of him
as " a man of primitive and apostolic manners, equally distinguished
by his love of literature and his liberal opinions."

Leechman's address to the Assembly 1757 is not recorded ; it
was probably of the same tenor as the conclusion of the above men-
tioned sermon at the opening of the Assembly J 758, which may be
seen in the first volume of his printed sermons, p. 263.

The following was his reply to the Commissioner, (Lord Cath-
cart:) " May it please your Grace, — It always becomes us, when
we meet in a General Assembly, to acknowledge, with the most
lively gratitude to Divine Providence, the many invaluable blessings
we have long enjoyed, and do still enjoy, under his Majesty's most
gracious and auspicious reign. His Majesty's constant regard for
the rights of his people, his watchful care over all the interests of
the nation, both at home and abroad, particularly in the present
critical situation of public affairs, must endear his character to all
true Britons, and confirm them in the most inviolable attachment
to his royal person, his gracious government, and illustrious house.
His Majesty's continual protection of the Church of Scotland, his
countenancing this Assembly with his royal authority, his zeal for
propagating true religion in the Highlands and Islands, — those parts
of our country which still remain in a great measure ignorant and
\nicivilized, — and the continuance of the royal bounty for that im-
portant end, fill our hearts with the warmest affection to his sacred
person, make us rejoice in our happy privileges, and excite us to
the faithful and cheerful discharge of all the duties of loyal and
happy subjects. May it please your Grace, I hope I may be al-
lowed to say, in the name of this Venerable Assembly, and wth
their full, hearty, and unanimous consent, that the choice his Ma-

* Supplement to Kames' Life, p. 14. t Life of Erskine, p, 85.

NOTICES OF TURNBULL AND KAY. 395

iesty lias been pleased to make of your Grace to represent his sacred
person in this Assembly is highly acceptable. The particular rea-
sons for our most entire satisfaction with the choice of your Grace,
arising from your character and behaviour in public and private life,
we choose rather to tell of you than to you. Permit us only to say,
that we have the firmest persuasion of your Grace's zealous attach-
ment to the service and honour of your prince, and the prosperity
and happiness of your country, and that you ^vill discharge the im-
portant trust of High Commissioner committed to you with atten-
tion and fidelity, and with honour and dignity. The assurances
vour Grace is pleased to give us of your regard for the religion and
constitution of this National Church, and of your zeal to promote
its interest and prosperity, we rely upon with the most entire con-
fidence. We can only express the honour we have for your Grace,
by ardent wishes and prayers to God for the prosperity of your
Grace and your noble family, and by using all our endeavours to
make your high station as easy as possible. Allow us to add, that
we hope we shall conduct all our deliberations and debates in this
Assembly in such a manner as to justify the good opinion your
Grace is pleased to express of us, and to enable you to give (and
we are sure your Grace is always willing to give) a favourable re-
port of us to' our most gracious sovereign ; and if any causes should
come before us in which a just zeal may be shown to maintain and
secure the purity and decency of the ministerial character, we hope
that, at the same time, we shall preserve that good temper and mo-
deration which becomes the disciples of Jesus, and the ministers of
the Church of Scotland." *

1758. Mr Thomas TurnhuU of Borthnck.—Of this gentleman I
am unable to furnish any information, beyond the circumstance that
he had long taken a prominent part in the business of the Assem-
blv, and was, if I mistake not, rather a keen partizan of the Moder-
ate interest. None of his official addresses have been preserved.

1759. Dr George Kay of Edinburgh.— I take this to have been
the same person who was minister of Colessie, in Fife, previous to
the settlement of Mr Hugh Blair there, in 1741. From thence he
seems to have gone to Kirkaldy, and then to the West Kirk, Edin-
burgh ; and in 1752 (July 30) he was called to the New Grey-
friars' Church, in room of Mr Frederick Carmichael. He was after-
wards translated to the Old Greyfriars', and died on the 10th April
1766, being succeeded (as a minister ot Edinburgh) by Mr James
Brown of Melrose. — See p. 286.

The following was his closing address :— " The business of this
Assembly is now, by the favour of Divine Providence, brought to
a happy conclusion. Such matters as were most proper for your

* There is a striking similarity in the phraseology of this address to that of
Professor Cuming's the previous year. The references at the close are to the
cases of Carhie of Inveresk, and Brown of St Andrews.

396 APPENDIX.

own cognizance, you have determined yourselves ; the rest you
have referred to your Commission, \rith full power to give a
final judgment. Questions that relate to vacant churches have
too often been the occasion of warm debate, and sometimes
of much heat and animosity. You have had but two cases
of this kind before you. In the one, [Logie,] you have deter-
mined a preliminary point, which may be a means of preventing
disputes on that head for the future. The other, [Kilconquhar,]
you have thought proper, for particular reasons, to refer to the
Commission. Both of them fall of course to be remitted to the
several Presbyteries, and both, I hope, will terminate in the peace-
able and happy settlement of the respective parishes. You have
had under your consideration other matters that concern the more
general interests of religion and the Church, Such of them as were
thought ripe for decision you have happily concluded with great
unanimity, and so as to merit the approbation of wise and good
men. One question of this nature, touching the representation
from the royal boroughs, you have transmitted to all the Presby-
teries, that they may consider of it, and report their opinion to the
next General Assembly. As this is allowed to be a matter of great
importance and delicacy, it is to be wished that any future laws
concerning it may be the fruit of the most cool and mature deliber-
ation. I cannot but observe, with great pleasure, that no process
of heresy or scandal hath been brought into this Assembly against
any minister or member of this Church ; an evidence, as I humbly
think, that purity of doctrine and manners is still the respectable
characteristic of the Church of Scotland. You will give me leave
to take notice of another circumstance, which, according to my
present view of things, is a considerable advantage to the Church,
and that is, the Assembly hath not been overloaded with business.
You have been able, during the usual time of your sitting, to de-
spatch the greatest part of your affairs, without being under the
necessity of leaving too much to the Commission, the meetings of
which court have of late years been more uncertain and less fre-
quent than formerly. It was not to be expected that so great a
body of men, in reasoning on such a variety of subjects, should all
express the same sentiments. There has been some small difference
of opinions with regard to the means, but you have all agreed in the
same end, viz., to promote the honour of God, and the good of his
Church.

It must be a pleasure to reflect, that in the course of your de-
bates, you have discovered nothing of a fierce uncharitable spirit,
but have conducted yourselves with that good temper, with that
moderation and charity which may be expected from the followers
of Christ, and the ministers of the Gospel to Peace. It may be
presumed that we are firmly established in loyalty and duty to the
best of Sovereigns, that we have the highest value for our happy
constitution in Church and State, and that we ^vill exert ourselves
in our several stations to support his Majesty's Government, and
promote the peace and good order of the country. It would be far

NOTICE OF DR GEORGE KAY. 397

more agreeable for me to receive instruction from you, my very
reverend fathers and brethren, than to be obliged, as I am, by an estab-
lished custom, to offer something by way of advice to this vener-
able Assembly. As this is not a proper time or place for expatiat-
ing upon the duties of the ministerial office, which I would gladly
hope are well understood, and faithfully performed by the reverend
pastors of this Church, I shall only take the liberty to mention two
things suggested to me from the proceedings of this Assembly,
which, in my humble opinion, are of too great importance to be
overlooked upon this occasion. The law of patronage has always
been reckoned a hardshij) hij the Church of Scotland, but tchih it doth not
Interfere trith the rights of conscience, we are bound by the law of Christ
to submit to the late of our country. The right which this law gives
to patrons to present ministers to vacant parishes is noic exercised in
almost every instance ; and for this reason, we ought to give a more
particular and strict attention to the character and qualifications of
those whom we license to preach the Gospel, that they may be men
of good knowledge and learning, sound in the faith, of a sober, virtu-
ous, and godly conversation, men of discretion and good sense, of
whom it may be justly expected that, by the blessing of God, they
will support the dignity of the ministerial character, and do the du-
ties of the sacred function with real advantage to religion and with
credit to themselves. It is impossible for me to express how
much dishonour will be done to the name of Christ, and how hurt-
ful it will prove to the interests of truth and virtue, if, through a
careless neglect and inattention, or through a false and ill-judged
compassion, we shall allow weak or worthless men to creep in
amongst us. On the other hand, if we stand like faithful watch-
men at the gates of Zion, and suffer none to enter but the wise and
worthy, those who are truly fit to minister in holy things, may
we not justly hope that the pastoral office will still be venerable,
that the kingdom of our Redeemer will flourish and prosper, and
our Jerusalem become a beautiful habitation, the joy of all the
earth.

"Another thing that 1 recommend to your serious attention, is the
religiotts observation of the Lord's day. It must be confessed that in
this respect we are sadly fallen off from the purity and sanctity of
more ancient times; for though I cannot allow the justness of that
reflection which has been cast upon our forefathers, as if they had
carried this matter too far, even to a degree of superstition, yet it
must be acknowledged by all, that we, their degenerate sons, have
run into the opposite extreme by an irreverent neglect, or superfi-
cial performance of the duties and devotions of that holy day. It
is high time for us, my brethren, to use the most prudent and ef-
fectual methods for restoring in the minds of men a just veneration
of this divine and merciful institution. Let us endeavour, by sound
and solid reasoning, to convince them of the guilt and danger of pro-
faning or mispending that portion of our time which God hath
consecrated to himself. Let us endeavour, by the most powerful
and winning motives, by fervent and pathetic exhortations, and br
Ll

398 APPENDIX.

the constraining influence of our own example, to prevail with and
engage them to yield obedience to the high command of the Great
God and our Saviour — ' Remember the Sabbath-day to keep it
holy.'

" In one word, let us endeavour, through the grace of God, to
perform all the duties of our holy function, with zeal and faithful-
ness, with prudence and moderation, and with the temper and spi-
rit of our Lord and Master. In so doing we may expect to meet
with reproach and injuries from worldly and wicked men; but
let not our spirits be damped, or our hearts dismayed with the pro-
spect of these things. Let us maintain a holy boldness and forti-
tude, adopting that noble sentiment of the Apostle — ' None of these
things move me, neither count I my life dear to me, so that I may
finish my course \\ath joy, and the ministry which I have received
of the Lord Jesus.' May the God of all grace and consolation
strengthen us with all might, by his Spirit in the inward and out-
ward man, that we may be faithful pastors in the Church of God,
taking heed to ourselves and the whole flock, over which the Holy
Ghost hath made us overseers ; and when the Chief Shepherd shall
appear, we shall receive the crown of glory that fadeth not away.
Right Reverend and Right Honourable, this being the birth-day ofhia
Royal Highness the Prince of Wales* when that illustrious Prince,
the joyful hope of three great kingdoms, enters upon the twenty-
second year of his age, we cannot forbear to express on this occa-
sion our great thankfulness to God, who hath mercifully preserved
him to that period of life when men are supposed to be capable of
managing the weighty affairs of Government, as well as the busi-
ness of private life. While we heartily pray that God may bless
his Royal Highness with long life and many happy days, let us
be no less earnest in our prayers to the Almighty that our present
most gracious Sovereign, under whose mighty and good Govern-
ment we enjoy so many signal blessings, may live long, and sway
the sceptre over a free and happy people.'

" Before I leave this chair, very Reverend and Honourable, you
will be pleased to accept of my humble acknowledgments for the
undeserved honour you have done me, in assigning to me such an
important part in the conducting of your affairs. I hope you are
disposed to forgive my failures, as I am conscious to myself that
1 have endeavoured to do the duties of this station, with an honest
mind, and according to my best ability. If I have given oflfence to
any reverend or honourable member of this house, I ask your par-
don, and beg you will impute it, not to design, but to mistake or
inadvertency. And now, Right Reverend and Right Honourable,
I presume it is your pleasure, that I should return the thanks of
this Assembly to his Majesty's High Commissioner, [Lord Cath-
cart] :

" May it please your Grace, it is with the greatest pleasure that I
obey the command of this venerable Assembly, to offer in their

• Afterwards George III.

ADDRESS OP PROFESSOR HAMILTON. 399

name to your Grace, their most humble and hearty thanks, for all
the favours you have been pleased to show to us, on this and for-
mer occasions, for your regular and patient attendance on all our
meetings, and for the close attention you have given to all our pro-
ceedings.

" It would be the highest satisfaction to us to see your Grace
often standing in the place where you now are ; acquitting your-
self, as you always have done, with so great fidelity to your Sove-
reign, with such an amiable mixture of dignity and mildness, and
with such favourable regards to the Church of Scotland. We humbly
hope that no part of our conduct hath given your Grace occasion to
be offended with us. We doubt not your Grace will approve of
our honest zeal for the interests of true religion, and of our inviol-
able attachment to his Majesty's person and Government, as well
as of our hearty concern for the Rights of the Church, and the
liberty of our country. We rely with entire confidence on your
Grace's candour and goodness, and that you will be pleased to
make a favourable representation of our conduct to our most gra-
cious Sovereign. May I be permitted to assure your Grace, in the
name of this Assembly, that we have the highest honour for your
worthy character, the most sincere aflfection for your person, and
the warmest good wishes for the prosperity of your family. It is
our fervent prayer to God, that he may graciously reward all the
good services you have done to your king, to your country, and
to the Church of God, and that you may have more and more ex-
perience of that high enjoyment which results from honouring God,
and doing good to mankind ; that God may abundantly bless your
noble family, and make them truly great, and good, and happy ; and
that after a long time honourably and usefully employed here on
earth, you and they may be advanced to a state of pure and perfect
happiness in the world to come."

1760. Professor Robert Hamilton of Edinburgh. — (See above,
under the year 1754.) At the close of the Assembly, 1760, he
addressed the Court as follows : —

" By the good hand of God upon us, the business about which
we met together in this General Assembly is mostly despatched.
Some matters which seemed to require more mature deliberation in
Older to ripen them, and others of less general concern, are referred
to your Commission, to whom you have given proper instructions
and powers necessary in such cases. Your decisions relating to
the settlements of parishes have been all such as wall, it is to be
hoped, approve themselves to the candid and dispassionate ; con-
cerning the two last, [Stirling and Logie,] your judgments were
unanimous ; the first, [Kilconquhar,] by reason of some peculiar
circumstances attending the case, did indeed occasion some warm
debates, but may we not reasonably hope, that upon cool recollec-
tion of the solidity of those grounds upon which your sentence
turned — general expediency for the safety and benefit of the whole

400 APPENDIX.

Church, — many who were, or it'may be, are still dissatisfied, will
change their opinion, and that the prudent and dutiful conduct of
the reverend judicatory, to whom the execution of the sentence is
remitted, not to mention the acknowledged merit of our brother
[Dr Chalmers,] who is personally the object of it, will in part pre-
vent and in the end get the better of these disagreeable consequen-
ces of which some appeared to be apprehensive. It must yield you.
Right Reverend and Right Honourable, a very high degree of satis-
faction, to reflect that your endeavouring to obtain such an arrange-
ment of the course of the Post as might prevent the profanation of
the Lord's Day, and ward off temptations to turn that day into a
day of secular business, have been in a good measure successful.
With respect to a great and flourishing city, the second in this part
of the kingdom, and many other places considerable for their com-
merce or manufactures, the end has been attained to the general
satisfaction of all concerned, and you have received assurances from
persons the best qualified to give them, that matters may, without
much difficulty, be soon accommodated so as no trading place may be
left underany hardship, or exposed to any danger from that quarter. I
gladly embrace the opportunity that naturally here presents itself
of declaring, that the gentlemen for whose assistance your commit-
tee found necessary to call, gave it with cheerfulness and assiduity,
and with very acceptable tokens of zeal for the honour and sanctifi-
cation of the Lord's Day. I u-ill not dissemble, Riyht Reverend
and Right Honourable, that in my private thoughts I have been a good
deal straitened , whether I should be altogether silent concerning the
undue heats and personal animosities which, I say with heavy regret,
have been but too visible and frequent since we came together.*
This is a very tender point, and to touch it rightly, would require
a far more masterly hand than mine. But as the place where, by
your authority, I stand, will plead for my using more freedom
than might otherwise be becoming in me to assume, or allowed by
you, I shall only say these few Mords. Would to God no occasion
of this kind had been given to grieve our friends, or to please such
as wait for our halting. Such things always do, and must detract
in some measure, from the respect and authority of our Courts. I
have no intention, God is my witness, to disparage or cast reproach
upon any. Allow me, then, in that sacred name which we all re-
vere, to obtest every one who upon recollection shall be conscious
of having exceeded in this way, to keep both his heart and the door
of his lips with greater diligence on all future occasions. Allow
me to obtest such, (unless their own goodness of heart has not al-
ready prevented,) to lay aside and bury all rancour, to carry home
no remnant of wrath, or bitterness, but to seize all opportunities of
making it manifest that they have put on the bowels of mutual love,
and that charity which is the bond of perfectness. To spectators I

* He no doubt refers to the debate on the Kilconquhar case, and specially to the
speech of Witherspoon, p. 201 .

ADDRESS OP PROFESSOR HAMILTON. 401

shall only say, that from the incidental heats which are, humanly
speaking, unavoidable in great Assemblies, where matters of doubt-
ful disputations are debated, nothing can be more unreasonable and
injurious, than to form opinions and draw harsh conclusions con-
cerning the temper and general character of any who, being men of
like passions with others, may be hurried occasionally into some
indecencies or excesses, which argue in reality no more than is
true of us all, that they have not attained, neither are already per-
fect. Permit me, my Reverend Fathers and Brethren, whilst, with a
heartfelt pleasure and justice, to you I observe, that in your con-
duct during the course of this Assembly, many marks of your zeal
for the honour of God and the interest of religion have appeared, to
stir up your pure minds by way of remembrance, by noticing, in a
word, that the great end of the pastoral office is to inculcate the
doctrines of our holy Christian faith, and to enforce, both by ex-
hortation and example, the practice of pure and undefiled religion.
Our meeting in judicatories, supreme and subordinate, is indeed
necessary on many accounts, and therefore, it is our duty to attend
on thtm and to employ such talents as our Great Master hath in-
trusted with us in that branch of his service ; but the more con-
stant ol)ject of the pastoral care is, to instruct the ignorant, to re-
claim the vicious and erroneous, to build up the saints in their
most holy faith, and to warn every man and teach every man in all
wisdom, that we may present many perfect in Christ Jesu=. Under
such impressions let each of us return to, and resume the discharge
of our stated and ordinary duty in the Church of* God. Permit
me farther to put you in mind, that as we have met and sat under
the protection of our most gracious Sovereign, (whom, may God
abundantly bless and long preserve,) as this Church have received
most honourable and distinguishing marks of his royal favour on all
occasions, we are under indispensable obligations to cherish within
ourselves, and to propagate in our fellow-subjects, the most affec-
tionate loyalty to his person and government. Let us discharge
this part of our duty with that ardent zeal which becomes our
reiterated professions, and the full persuasion that we all have that
our sacred and civil interests do, under God, depend on the firm
establishment of his throne. Can we recollect, without feeling the
strongest emotions of gratitude, the liberty, peace, and safety,
which this National Church has enjoyed during the whole course of
his glorious and auspicious reign, and, indeed, ever since the happy
accession of his illustrious family to the throne of these realms.
Let the remembrance of the loyal and dutiful address you have
sent to bis Majesty enforce all this with peculiar strength. Having
said so much on topics of so high a nature, it would ill become me,
Right Reverend and Right Honourable, to detain you with much
concerning myself. I shall, therefore, only add, that I am deeply
conscious of my own unworthiness to fill your chair, and afraid lest
this may have been but too obvious. My only apology is, that I
have endeavoured to execute this trust to the best of my power. I
jl12

402 APPENDIX.

may have offended, but have never done so intentionally, and of
all who may think I have given reason to complain, I humbly ask
forgiveness."

1 761. Dr John Hyndman of Edinburgh, — He was for some time
one of the ministers of the West Kirk, whence he was translated
to Lady Tester's. When comparatively a young man, he took an
active part in Church business, and became noted for his keen par-
tisanship on the moderate side. I conjecture him to have been the
author of the pamphlet, entitled " A Just View of the Constitution
of the Church of Scotland," which appeared in 1753, in reference
to the Inverkeithing settlement, and which called forth the " Ec-
clesiastical Characteristics" of Witberspoon. (See the former
volume, p. 242, notc.^ In Hyndman's address to the Assembly,
1761, he made an apologetic allusion to this part of bis former
history, admitting that " the heat of youth, inexperience, and
rashness, might have led him to engage in measures which a wiser
and cooler man would have guarded against."

Dr Hyndman was King's Almoner for Scotland. In 1760 he
was deputed, along with Dr Dick, to visit the Highlands and Islands.
(See p. 196.) He selected, as his Celtic colleague on that occa-
sion, Mr Duncan Macfarlane of Drymen, who likewise accompa-
nied him to London in April 1 762, to present the Commission's
address to the King on the occasion of his marriage.

Dr Hyndman died on the 18th August 1762, while still in the
vigour of life. In his address when Moderator the previous year,
he remarked that the Assembly had chosen in him *' a younger man
and younger minister than had ever filled the chair before." The
vacancy in Lady Tester's church, caused by his death, gave rise to
the litigation in the ecclesiastical and civil courts, of which a re-
port has been given at p. 268.

All Dr Hyndman's official addresses will be found in the present
volume under the year 1761.

1762. Dr Robert T,aill of Glasgow. — He was minister of
Banff, when in 1761 he was appointed to succeed Mr James Bu-
chanan as Professor of Oriental Languages in the University of
Glasgow. But he had scarcely been nominated when the Profes-
sorship of Divinity became vacant by Leechman becoming Princi-
pal, and in that chair Traill succeeded him. He died the 19th
October 1775.

The following was the closing address of Dr Traill : —
" Right Reverend and Right Honourable, — You have, by the bless-
ing of God, happily finished the affairs which have come before
you either by deciding them yourselves, or by referring them to
your Commission, with proper instructions. Before I proceed to
execute the remaining duty of the chair, 1 beg leave to express the
just sense I entertain of the honour you have been pleased unani-

ADDRESS OF DR TRAILL. 403

mously to confer upon me, by calling me to it. I can very honestly
acquit myself of any intentional failing in that respect and atten-
tion that is due to any member of this house ; and I rely upon
your candour and generosity to forgive those involuntary mistakes
and inadvertencies which, 1 am afraid, have been not a few.

"I beg leave to congratulate you upon the unanimity, the temper
and moderation, which you have shown during the course of this
meeting. You have wisely discouraged those causeless prejudices
which are often taken against worthy persons presented to vacant
benefices, especially as the law puts it out of your power to grant
relief, even though these complaints were better founded than they
generally are. At the same time, you have shown a becoming re-
gard to the rights of conscience and the ends of edification in other
cases where the relief demanded was clearly in your power. You
have made a decision * of great consequence in all trials before the
judicatories of this Church, — sensible of the danger that must arise
from any transgression of those equitable forms of law which are
the best security of innocence from injustice and oppression. You
have expressly enjoined all inferior judicatories to allow the de-
fender a proof of all facts or circumstances which he shall judge to
have any tendency to exculpate or alleviate.

" In pursuance of the recommendation with which his Majesty
was pleased to honour us by his High Commissioner, you have
appointed a committee to assist and direct Presbyteries in the dis-
charge of their duty, — in putting the laws in execution with respect
to parish churches, manses, and schools. I am sure you heartily join
with me in the most grateful sentiments to his Majesty for his
generous attention to the concerns of this Church and of her minis-
ters; and I make no doubt of your entertaining in the like manner
a just sense of his gracious goodness in undertaking to represent
your proceedings upon this subject in the most favourable manner
to his royal master. You have likewise passed an act against dilapida-
tions, which have proved so hurtful to the just and legal main-
tenance of the parochial clergy.

" These several proceedings reflect honour upon you, the authors
of them, and I hope they shall be followed by the happiest conse-
quences. I am indeed ashamed to speak to such a reverend, learn-
ed, and honourable audience in the style of advice or injunction,
and I beg you would consider what I have to offer this way, as in
a manner extorted from me by the duty of that office which I have
the honour, through your favour, to sustain.

" Having been assembled for some time about the public afifairs
of the Church, we are now to return to our more particular sta-
tions of service ; and I make no doubt of your frequently recollect-
ing the strong obligations you lie under to apply yourselves with
vigour and assiduity to the important duties of your function ; to
feed the flock of God with that substantial food by which their
souls may be nourished to eternal life; to teach them the whole-

* Dr Traill is not quite correct ; it was merely an overture.

404 APPENDIX.

some words of our Lord Jesus Christ, and the doctrine which is
according to godliness ; not handling the word of God deceitfully,
but by manifestation of the truth, commending ourselves to every
man's conscience, in the sight of God ; and giving weight to our
instructions by a correspondent example, in all things showing our-
selves patterns of good works.

" You will readily perceive that this is the only way to acquire
esteem and honour from men, the only way to secure that heart-
felt satisfaction which results from the consciousness of doing our
duty; and, above all, this is the only way to obtain the approbation
of our great Master, whose favour is better than life itself.

" Indeed, we have nothing but our learning and our virtue to
support us. We have no other way left to be eminent. Let us
beware of parting with either the one or the other. From that
moment we may date our ruin. But with these associates we shall
be able to hold up our heads before the world, and to maintain, by
the blessing of God, a character of usefulness, and even of dignity.
Learning can by no means be dispensed with in a clergyman at any
time, and still less at this time. It is absolutely necessary to en-
able us to combat and bear down infidelity, as well as every species
of false religion, whether it assume the form of bigotry, of super-
stition, or of enthusiasm. This Church hath happily acquired some
distinction in the learned world. Thanks to the genius and learn-
ing of some of her sons, who have accustomed our ears to the voice
of literary fame. What pity would it be if this should prove in the
issue but a transient and perishing acquisition ! How mortifying
the reflection, that the world, perhaps, gives us more credit this way
than we are able to answer ! Let this stir us up to what I may
call a pious jealousy of our character in this respect, and to take
every proper method to secure, and, if possible, to increase it. The
law gives you all the power you can desire, as judges of the quali-
fications of candidates for the sacred office. You are not only
judges of the abilities, literature, and morals of persons presented
to vacant benefices, but, what is of much more consequence, you
are judges of those qualities before they become capable of being
presented. So that, if the Church shall, at any time hereafter,
fall into disgrace, from the ignorance, weakness, or wickedness of
her ministers, the Church herself, to her no small additional sorrow
and mortification, must likewise bear all the blame."

He then congratulated the Assembly on the flourishing state of
public affairs, by the blessing of God upon his majesty's arms ; and,
in inculcating loyalty and affection to the sovereign, said, " Let us
call upon the people to join with us in blessing God for giving us
a king who supports religion, no less by his character than by his
authority, — who will endure no wicked thing before his eyes, — and
who walks before his people in the paths of piety and virtue."

1763. Dr William Robertson, Edinburgh. >

1764. Dr Alexander Gerard, Aberdeen. 3

Of men so well known as Robertson and Gerard, it seems un-

ADDRESS OP DR GERARD. 405

necessary to present any particular account. Had our limits allow-
ed, we would have inserted the sketch of the ecclesir\stical policy
pursued by the former, which was drawn up by Principal Hill, and
revised by Drs Blair, Carlyle, and Grieve ; it is to be found in
Dugald Stewart's Life of Robertson, * a work which we may pre-
sume to be as generally accessible as it is justly admired. The
reader may compare Mancreijf's Life of Erskine, pp. 233, 462.
None of Dr Robertson's addresses from the modeiatorial chair seem
to have been preserved.

The following was Dr Gerard's address at the close of the As-
sembly 1764 :—" Right Reverend and Right Honourable, the time
now approaches when this Assembly must be dissolved. When I
rise up to speak to you on this occasion, it is impossible for me
not to begin with acknowledging the honour you have conferred
upon me, by placing me in the chair where I <iow stand,— an
honour which I am sensible neither my abilities nor mv experience
ever gave me any claim to ; but which, unexpected and undeserv-
ed, your harmonious choice decreed for me. Conscious as I am,
that I have sincerely endeavoured to maintain that coolness and im-
partiality which becomes this chair, and that respect which I have
to my very Reverend Fathers and Brethren, and to the honourable
members of this house, I, nevertheless, cannot venture to flatter
myself that I have not, tbroujjh weakness or want of recollection,
fallen into many mistakes, which it was my wish and mv intention
to have avoided. It is my happiness that your candour will judge
of me by the goodness of my intentions, notwithstanding the im-
perfection of my execution. I am assured of it by the indulgence
and the assistance which I have all along received from you, and
of which I shall ever retain a grateful sense. What I had no' per-
sonal authority to command, your own regard to propriety has in-
duced you to give, of your own accord, to the office with which
you have invested me. In the multiplicity of causes which have
come under your deliberation, there have been several which, by
reason of their extensive consequences and other circumstances,' are
deeply interesting to this whole Church. The uniformity of your
decisions, and the consistence of the opinions delivered by indivi-
duals, have been remarkable, and is a strong proof that you chuse
your part from real conviction and the sense of justice. I hope
your determinations have been such as will tend to prevent, in
future instances, those heats and fruitless oppositions which draw
off the minds of the people from the substantial duties of religion.
A fixed constitution well understood, is the parent of peace and
order, and a continifed uniformity of judgments is not only the
honour of the Court which gives them, but the great mean of fix-
ing their constitution and making it to be understood. So much
has been said in the course of your debates concerning the law of
patronage, that it would perhaps be scarce excusable in me to be
altogether silent on that topic. It has been called a hard law, but

* At p. 159 of the octavo edition.

406 APPENDIX.

however it is a law, and if it be hard, that is the strongest reason
possible for our doing nothing to render it harder. By willing and
resolute submission, things grievous in themselves often become
supportable, but a yoke is always made to gall the deeper by in-
effectual struggles to throw it off. I pretend not to an extensive
knowledge of the history of our Church, but in our present situa-
tion, it is certainly worth while to inquire by the light which that
history affords, Whether, ever since our happy reformation from
Popery, patronages have, or have not, been a part of the constitu-
tion of the Presbyterian Church ? Whether our forefatkers, in the
period of which we boast, did, or did not, submit to them ^\^thout
reluctance ? Whether they were, or were not, first rendered dis-
agreeable, by being employed for subverting the Presbyterian con-
stitution ; and if it was so, whether the aversion which was excited
against them by their being thus employed, has not been heedlessly
continued after they have come to be employed in the service of
the Church? I only propose these, with all humility, as questions
deserving a careful and dispassionate examination, as questions
capable of a certain determination from the authentic records of
history, and as questions, the determination of which would lead
us to perceive, whether the opposition which prevails in many
places against the powers with which patrons are by law invested,
proceed from an essential principle of Presbytery, or from an un-
happy prejudice retained after that situation ceased which gave
occasion to it. If these questions should be resolved in that way,
which the decisions of this Assembly have supposed to be truth, I
need not mention the conduct to which it would naturally lead
both the ministers of the Gospel and all who have influence with
the people. But even though they should be resolved in the other
way, it would still be our duty to endeavour to remove the preju-
dices of the people against what we cannot deliver them from ; it
would be our duty to inculcate on them their obligation to submit
to the law while they enjoy the protection of the law ; and while,
to the authority by which it is enacted, they owe the security of
so many valuable privileges, to represent to them how much ques-
tions of this sort be without their sphere, how much more impor-
tant is it to bestow all their zeal on the practice of true virtue,
than to spend it in contentions about matters of doubtful disputa-
tion, and how much more they are concerned in the character and
abilities of a minister, than in the particular manner of his settle-
ment. Our situation with respect to patronage puts me in mind
to recommend to you another duty of great importance, which is,
indeed, incumbent on us in every situation, and binding upon us by
the most sacred ties. It is to be very strict in examining the char-
acter and abilities of those who are licensed to preach the Gospel.
Great is the difference of abilities, and congregations are different ;
yet I am persuaded, that no man who is fully qualifi^ed to preach
the Gospel in any one place, can be absolutely unfit for preaching
it with decency in every place. If you license only such as are
unblamable, and possessed of the intellectual and moral character

ADDRESS OF DR GERARD. 407

which the pastoral office requires, you will not be partakers of
other men's sin. Either, there will be no opposition from the
people, or their oppositions will not be chargeable to you. It
would be unpardonable in me not to take notice of the moderation,
decency, and order with which your debates have been carried on.
In every question, you have expressed your sentiments with a be-
coming freedom. You have enforced them by reasoning with a
degree of warmth, which sliowed they were the real sentiments of
your hearts ; and permit me to say, that I can recollect very few
opinions proposed which have not been supported by arguments so
plausible, that they might confessedly beget conviction in an
honest mind. You have listened on all sides to the opposite argu-
ments of your brethren ; you have examined them with candour,
and you have avoided throwing blame on those whom you could
not convince. In the conduct of all, your firm adherence to what
you reckoned truth, and your readine:«s to allow others to act the
same part, have been eminently united. It has been an example
and a proof of the perfect consistence of zeal and moderation. You
will allow me further to observe, that many of your brethren have
had occasion, in diflferent questions, to appear before you in the
character of parties ; and to mention to their honour, that almost
in all these questions, and very remarkably in one question relating
to this metropolis, ' they appeared vyith all the candour, temper,
and decorum which would have become them if they had sat as
judges. The inoffensive and mild spirit of Christianity has appear-
ed among you in no inconsiderable degree ; let that spirit be car-
ried home by each, and preserved by all in their ordinary conduct.
It will render you amiable and venerable to your people and to
mankind, and it will greatly promote those important interests of
religion, in a concern for promoting which I trust the hearts of all
of us are united. I have thus suggested such admonitions regard-
ing our duty, as seemed to arise most naturally from the business
that has been before you. I cannot prevail upon myself to add to
the fatigues you have already undergone, by enlarging in exhorta-
tions of a more general kind. We ought both to pursue intellec-
tual accomplishments, and to cultivate moral and Christian virtue.
Ignorance renders a minister contemptible ; knowledge will not
only fit us for discharging our several duties, but will procure us
that respect from men which adds weight to our ministrations.
Every vice will be in us detestable ; the more open vices will ex-
pose us to the abhorrence of all. The whole spirit of our office is
directly repugnant to them. Some vices of a more secret kind,
and capable of a more easy disguise, have been sometimes said to
flow from the spirit of that office. This may escape the notice of
the generality, or may even procure approbation from the weak and
the prejudiced, but they will give our more subtle enemies the
greatest advantage against us, and the most plausible occasion to
revile religion on our account. Every virtue is necessary for giv-

» The Case of Lady Yester's Church, p. 268.

408 APPENDIX.

ing a lustre to our character, nay, even for preserving us from cen-
sure. We must not only comply with strict obligations, but like-
wise observe the more delicate rules of propriety.

" A concern for the interests of religion arises from a sense of its
importance, united with a warm benevolence to the minds of men,
and cherished by fervent piety. We should be possessed with this
concern, and actuated by it; we should be diligent in teaching pure
and genuine Christianity ; we should inculcate both its doctrines
and its duties upon ourselves and upon the people. They stand in
the closest connection. The precepts of the Gospel deserve our
obligations, and its doctrines are motives or means of fulfilling them.
It is by attention to the former that the exertions of our virtues
can be rendered regular and legitimate ; and it is by the influence
of the latter that the principle from which they proceed becomes
pure and Christian. We are soon to return to our several homes.
Let us always by example, and, whenever we have an opportunity,
by instruction, recommend piety and virtue to mankind. Let us
inculcate not only the general duties to which they are obliged as
creatures and as Christians, but also those duties which are incum-
bent on them as subjects. We are the members of a Church estab-
lished by law ; we are blessed with an excellent constitution of
government, and with a wise and virtuous king who reveres the
constitution. Let us recommend to the people, so far as our in-
fluence reaches, loyalty to our king, and attachment to our consti-
tution. In former days our liberties were sometimes in danger from
princes setting themselves above the law, and in these days our fore-
fathers boldly set themselves against the usurpation and vindicated
the honour of the laws. Now the danger ari?es from another quarter ;
it is from faction and licentiousness in the people that we have rea-
son to apprehend an attack upon our liberties. To resist this attack
with the bravery of our forefathers is the part that belongs to us.
We can resist it successfully only by following the same course
which they followed, by being champions for the laws. Without
laws liberty cannot possibly subsist, but must be like a helpless
orphan, destitute of a patron and a friend. To instigate us there-
fore to enforce reverence for the laws, love of liberty ought to join
its force with principles of loyalty. You have now determined in
many of the causes which have come before you, and referred the rest
of them to your Commission ; and as this Assembly meet in the
name and by the authority of Jesus Christ our great Lord and Mas-
ter, and the Head and King of the Chiistian Church, so it becomes
us to separate in the same manner ; and accordingly in the same
sacred name and authority this Assembly is dissolved, and the
next Assembly is indited to meet in this place upon the twenty-
third day of May one thousand seven hundred and sixty-five years,
being the fourth Thursday of that moiith. I am sure that I have
your commands to turn to his grace his Majesty's High Commissioner,
and return him hearty thanks, in your name, for his favour to the
Assembly."
Then turning to his grace the Commissioner he addressed him in

ADDRESS OP DR GERARD. 409

the Assembly's name as follows : — '* May it please your Grace, with
the sincerest pleasure I obey the commands of the General Assem-
bly to return, in their name, the most thankful acknowledgments to
your Grace for the favour with which you have been pleased to
honour them. The great number and the important nature of the
causes brought before this Assembly, has made us stand in need of
more than ordinary indulgence from your Grace, as it has often pro-
tracted our meeting to an unusual length. Justice obliges us to
OUT! that this indulgence has contributed greatly to our being able
to bring so great a variety of matters to a conclusion ; and that
your Grace's attention to our proceedings, and attention from know-
ledge of our ecclesiastical constitution, from love to it and from
concern for the interests of religion and the order of society, has
conduced greatly to promote the decency and regularity of our
debates in this Assembly. Different sentiments have been main-
tained— we own it. An accurate uniformity of opinions on all things
can take place only among those who do not think for themselves.
But I am persuaded that your Grace's candour will impute our dif-
ferences only to that manly spirit of liberty which is essential to
the religion of Protestants, and friendly to every virtue ; and that
you will be disposed to think, that in general the opinions proposed
have been supported chiefly by arguments, and urged by no greater
warmth than may fairly arise from the firm conviction of an honest
mind, and from the concern of a good man, for what appears to him
to be concerned with the interests of religion. We flatter ourselves,
likewise, that some instances have occurred, in the course of our
debates, of candour, moderation, temper, and decorum worthy of
praise and worthy of imitation. We hope that no part of our con-
duct will represent us to your Grace in any other light than that
of loyal subjects, friends to religion, and dutiful sons to the Church
of Scotland as by law established. And we trust that our deter-
minations have been such as tend to confirm our constitution, and
to give the laws relating to it due force. The confidence which
we placed in your Grace's favourable declarations, made at the be-
ginning of this Assembly, though then most entire and unreserved,
has been greatly confirmed by our own experiesces in the course
of our meeting. By this we are encouraged to hope that your Grace
wiW be pleased to represent to his Majesty the conduct of this As-
sembly with regard to the interests of religion and the peace and order
of the country, in as favourable a light as truth permits. We flatter
ourselves that our future endeavours to promote loyalty, virtue, and
religion, either in our private capacities, or in our constitutional
Assemblies, so far as they may fall under your observation, will re-
ceive that degree of approbation which they shall deserve, and that
in your Grace the Church of Scotland will always find a patron and
a friend. May it please your Grace, we shall always reckon ourselves
bound in duty and in gratitude to offer up our fervent prayers to
God that you may more enjoy that happiness which arises from
pure virtue, unaffected piety, and the consciousness of eminent
usefulness, and that your good services to your country and to the
M m

410 APPENDIX.

Church of God may be rewarded with all blessings, spiritual and
temporal, poured down from heaven upon you and your family in
this world, and with everlasting life in the world to come."

1765. Dr James Oswald of Methven Of this gentleman, a

short notice was given in the former volume, p. 185, note. His
closing address follows : — " Your thoughts have been so long and
so intensely employed on concerns of importance, that I should be
shy of turning your attention to a subject so little deserving your
notice ; but that I cannot dispense with rendering you my grateful
and respectful acknowledgments for an honour you hare done me
so much beyond my merit, and so foreign to my thoughts ; which
I accepted with timidity, and under which I must have sunk if I
had not been supported by the same goodness from whence it was
derived. Beside the assistance afforded me from the advice of
those Reverend Brethren who had gone before me, my defects were
supplied and covered, and my way made open and easy by the
judgment and candour of your proceedings. The variety of your
councils have enlarged and improved my understanding, and the
spirit with which you conducted them hath filled my heart with
joy ; and, as I found myself under a strict obligation to give an
uncommon attention to the course of your debates, 1 shall quit this
honourable station with a higher idea of the excellency of your
constitution than I could otherwise have reached. Much of your
time has been occupied by subjects that it were to be wished had
never come before you; but you have given them a treatment
which will prevent their doing so often. The frailty of human
nature does not allow of that purity of manners in every individual
which the sacred office requires, but the spirit of the Church of
Scotland, when excited, will maintain its character in this as it did
ia former times. It is now no longer possible to render our ser-
vices acceptable to mankind, by that distant and solemn behaviour
so much revered in those who came before us; and it must, for
some time, be difficult to unite dignity with ease, and the charms
of a free and open conversation with the purity and circumspection
so essential to our character. As, in departing from the inflexible
severity by which our predecessors stood the most violent assaults,
and in adopting that amiable complaisance which suits the genius
of the age, and so well becomes our profession, some mistakes
must have been committed even by the wise and circumspect, so
we are not to wonder that thoughtless and inconsiderate men should
be seduced thereby into the hope of an indulgence, which the
Church of Scotland will not grant. But you undeceived them.
The same object will appear in different lights to different under-
standings. But my Reverend Fathers and Brethren of the Church
of Scotland cannot hesitate long about the treatment due to those
who are found to dishonour the sacred character, because this fide-
lity and uprightness of your hearts will unite you in measures which
you all acknowledge to be necessary for the preservation and secu-
rity of those interests which are your great object. You have

ADDRESS OF DR OSWALD. 411

tempered severity with mercy, and zeal with moderation. We are
favoured with a form of ecclesiastical government corresponding to
the best and most perfect constitution of civil government, which
gives full scope to a generous freedom in what is right, and checks,
at the same time, licentiousness of every kind. Our hands are
strengthened by the concurrence of honourable members, descend-
ants of those noble families who hazarded their lives and fortunes
in maintaining our civil and sacred rights, and erecting and support-
ing this excellent fabric ; and we should be the most v.orthless of
the human kind, if we sacrificed it to low designs, or suffered its
essential privileges to be invaded for the sake of temporary gratifi-
cations. No ! I do not insinuate the least suspicion of any such
baseness. My Reverend Fathers and Brethren will go on to do
justice to their character, and to make it shine with new lustre.
Indeed, perfection is not to be reached in the meanest offices of life,
and ought not to be expected in the highest and most arduous; but
when you make an estimate of the advantages you enjoy, and the
aids with which you are furnished, it will not be in your power to
fix the point where you ought, or where, consistently with a sense
of duty, you can stop in your progress toward perfection. Ye act
under the eye of the Father of mercies, who compassionates your
manifold infirmities ; under the patronage of his only Son, who ap-
pears in bis presence as the High Priest of our profession ; under
the direction of the Spirit of Truth, who hath undertaken to guide
into all truth. Ye act under the protection of the best and most
amiable of Princes, who calls upon you to exert yourselves in your
office, and hath assured you of his countenance and favour. You
have the countenance of men of rank and taste, who rejoice in
every advance you make in literature and virtue. You have the
good will and kind aftVction of a body of people, who will love, and
reverence, and follow you in proportion as you keep to the steps
of your divine leader; and, let me add, you act in the sight, and
under the observation, of a considerable body, icho, though they have
withdrawn from our communion, have not deserted the cause we pur-
sue, and whose hearts, be assured, are not impregnable, however
erroneous they may be in their judgment. And 1 need not add what
your own thoughts will suggest, that ye act with the prospect of
an approbation and reward of your labours, exceeding the utmost
stretch of your desires and exf)ectations. Animated with these
views, judge with yourselves where you can stop your progress
toward that perfection in virtue to which you are called. The
many interpositions of Providence in favour of the Church of Scot-
land, in former times, are sufficient to counterbalance those fears
you entertain, and are indeed entertained by all thinking men, con-
cerning the manner in which their places will be filled up. It is
apparent to all, that a liberal turn of mind, opened and enlarged by
the knowledge of books, and of men animated with piety and adorn-
ed with the virtues and graces of conversation, is now mOre than
ever necessary to give success to our m.inistry among a people who
make a rapid progress in all the politer acts, and is not to be ex-

412 APPENDIX.

pected from those of low condition and in straitened circumstances.
But you are not to think, that men of enlarged views and generous
sentiments will suffer our office to come into the hands of those
who, in place of being qualified to promote its end, will be found
the ready tools of ill-designing men in their attempts on the liber-
ties and rights of mankind. Our fellow-citizens have, through the
blessing of God on their laudable industry, arrived at a consider-
able height of opulence and elegance ; and, as they are not ignorant
that the clergy of Scotland have always been distinguished, and
are still ready to distinguish themselves, by their zeal for the in-
terest of religion and the liberties of mankind, so you ought to
believe that they put too great value on those interests, to grudge
a little expense to support our order in a creditable independence.
We are happily stripped of all the implements of pomp and luxury,
and of every branch of civil power, and reduced to the single power
of subduing the heart by the force of truth, by which, however,
we are capable of rendering eminent service to the public ; and, to
attain that skill in the highest degree possible, ought therefore to
be the chief concern of the ministers of the Gospel. It hath, in-
deed, been matter of surprise to many, that the persuasion so labo-
riously studied by the patriots of Greece and Rome, should be so
neglected by those who are engaged in a yet more noble and arduous
task ; and it must give joy to those who are going off the stage, to
see their successors in the way of attaining accomplishments which
they could never reach. But my younger brethren will indulge
me the liberty of putting them in mind, that whilst they are stu-
dious of attaining every accomplishment which belongs to their
office, they ought to lay the stress of their success on the intrinsic
force of that system of truth, so fitly represented as the engine
devised by infinite wisdom, and set on motion by almighty power,
for captivating the thoughts and affections of the human heart. In
which system, if you can do it tolerable justice, you will find powers
of persuasion far exceeding those possessed by the Greek or Ro-
man orators. The eloquence of Greece and Rome did form, con-
duct, and support great and mighty states, under plans of govern-
ment the most beautiful and perfect the world ever saw till the
British constitution appeared. But the system of which I speak
hath, under the influence and direction of the Fountain of all truth,
subdued nations, baffled the opposition of mighty empires, barbar-
ous and civilized, and triumphed over folly and vice from age to
age, and sits triumphant, and to the end of time will sit triumphant,
over the malice of devils and wicked men. Your great business,
then, is day by day to get a more intimate and extensive knowledge
of this system of truth, to feel its power, and to make others feel
it. We have trifled too long with sceptics ; let us remit their
subtlety to the schools, and, assuming the dignity which belongs to
our office, let us present the human understanding with truth
which no man of sense will gainsay, and the human heart with
motives which no man of probity will resist. And aided and sup-
ported by that secret influence and co-operation of God, which it

ADDRESS OF DR OSWALD. 413

would be injurious and impious to doubt of, let us endeavour to
exhibit in our temper and manners, and in the temper and manners
of those committed to our care, the only unanswerable proof of the
divine original of the doctrine we teach. However unnecessary
it may appear, I cannot forbear recommending to you, to return
from this place with hearts full of gratitude to God for the best con-
stitution of government, civil and ecclesiastical, under the patronage
and protection of the most amiable of princes ; for that spirit ct
liberty, of equity, of industry, and of universal benevolence which
reigns among us ; begging, at the same time, that, by an unshaken
confidence in God, accompanied with a holy fear of offending, you
will contribute your utmost endeavours to perpetuate these blessings
to the latest posterity. As this Assembly met in the name and by
the authority of the Lord Jesus Christ, the King and Head of the
Christian Church, so in the same name, and by the same authority,
this Assembly is dissolved."

Then turning to his Grace the Commissioner, he addressed him
in the Assembly's name as follows, viz. : — *' May it please your
Grace, I gladly accept the office of rendering to your Grace the
acknowledgments of this Venerable Assembly, for the countenance
you have given to their proceedings, and of begging your Grace to
believe that our sense of it corresponds to the endearing manner
in which you represent the sacred person of our amiable Sovereign.
Your Grace hath submitted with cheerfulness to many inconve-
niences attending the office assigned to you by his Majesty, and
hath given us repeated proofs of the kind indulgence we are en-
couraged to expect from our Gracious Sovereign. Your serious
and impartial attention to our deliberations hath been accompan-
ied with an unfeigned coTicern for the great interests we have in
view; and we are hereby confirmed in the belief of a truth which
occurs to common observation, that they who are cordial in the
worship and obedience of God, are the best and firmest friends to
the ministers of religion ; and must observe, at the same time, that
in proportion as those of rank and power are endued with exten-
sive views of the interests of society, and of the interest and honour
of the country, they will give attention to the concerns of the
Church. Little minds consider our order as a burden on the State,
and view every privilege conferred on us as foreign to its glory and
prosperity ; but your Grace will believe, that they who have ac-
cess in public and private to form the minds and manners of the
people, ought not to be regarded as the least considerable members
of society, and that the right discharge of their office is of great
moment to the public. Sorry we are that your Grace's delicacy
should be hurt by those disagreeable but necessary inquiries which
have been made into the characters of offending brethren ; but your
Grace will be pleased to observe, that the instances are new and
uncommon, and we trust in your Grace's candour, to believe that
no care shall be wanting to redress this evil. When we give up
the purity of manners by which the Church of Scotland has been
long distinguished, we shall justly forfeit the esteem of the public ;

M M 2

414 APPENDIX.

but whilst we continue to take proper measures for maintaining
the dignity of our character, for rendering our ministry subservient
to the happiness of mankind, we will promise ourselves the protec-
tion of his Majesty, and the friendship and favour of all who have
a true discernment of the welfare of the public. We beg and hope
your Grace will be pleased to represent to his Majesty, our zealous
and firm attachment to his Majesty's person, family, and govern-
ment ; our utter detestation of licentiousness, and hearty concern
for those rights and privileges of free Britons, whereof his Majesty
is the guardian and protector. And it is our determined purpose,
wdth the help of God, to diffuse among the people intrusted to our
care, those principles'! of religion and loyalty which are conducive
to the happiness of his subjects, and to the glory and prosperity of
his Majesty's government."

1766. Dr John Hamilton of Glasgow. — He was minister, first
of the Barony, and then of the High Church, of Glasgow. Sir
Henry MoncreifF* says of him, " that he was as eminent for the
soundness and vigour of his understanding, as for the steadiness
and respectability of his pastoral character." None of his addresses
are upon record.

IV. — List of Ministers who Preached before the High
Commissioner.

1753. John Hamilton, Glasgow.
William Robertson, Gladsmuir.
James Baine, Killearn.
David Hunter, Monimail.

1754. John Warden, Perth.
John Drysdale, Kirkliston.
William Home, f Polwarth.
Thomas Scott, Cavers.

1755. James Fordyce, Alloa.
David Schaw, Coylton.
William Leechman, Glasgow.
John Schaw, Greenock.

1756. Henry Spence, Wemyss.
William Dalrymple, Ayr.
William Moodie, Glencairn.
Andrew Richardson, Inverkeithing.

1757. John Cunningham, Dalmellington.
John Bonar, Perth.

John Fleming, Kilmalcolm.
Alexander Duncan, J Smailholm.

1758. George Bannatyne, Craigie.
David Schaw, Coylton.

* Life of Erskine, p. 85.

+ John Home, the author of Douglas, married his daughter in 1770.

X Not having come to town, Mr Robert Finlay, Glasgow, was named in his

PREACHERS BEFORE THE COMMISSIONER. 415

James Gillespie, St Andrews.
Gilbert Lang, Largs.

1759. John Main, Atbelstaneford.
John Chalmers, Ely.
William Craig, * Glasgow.
John Schaw, Greenock.

1760. Robert Traill, Banff.
Alexander Carlyle, + Inveresk.
James Fordyce, J Alloa.
Joseph Maccormick, Kilmenie.

1761. Dr Harry Spence, Wemyss.
James Scott, Kinfauns,
Alexander Gerard, § Aberdeen.
John Walker, Glencorse.

1762. Thomas Blacklock, Kirkcudbright, (see p. 236).
Henry Grieve, Twynholm.

Michael Grinlaw, Creich.
John Drysdale, Kirkliston.

1763. George Cupples, Swinton.
John Goldie, Pennycuick.
Dr William Wight, Glasgow.
James Laing, Glasscrton.

1764. John Ogilvie, Midmar.
William Macgill, Ayr.
Alexander Glen, Galashiels.
William Bell, Arbroath.

1765. Charles Bannatyne, Irvine.
David Dow, Dron.
Algernon Gordon, TuUynessle.
Gilbert Lang, Largs.

1766. David Imrie,|l St Mungo.
David Hunter, St Andrews.
John Risk, Dalserf.
James Roy, Prestonpans.

* Being unable from indisposition, Mr James Allan, Eyemouth, was appointed
to lecture, and Mr Thomas Scott, Cavers, to preach. u ^ ^.^a

t S seems to have been the only case on record ^he^e the preacher proposed
bv the Committee was objected to in thei Assembly. On the Report bcmg read
'• Mr Pinkerton (I believe he was minister of Markinch) objected to the nanimg
of Mr Carlyle : and having proposed Mr James Thomson, mnnster at Dunfermlme,
?he General Assemblv, at^er hearing some members, did, without a vote, approve
o theTeport of the'Committee, whereupon ^^^ ?i"kerton and Mr David Bl^^^^^
^ of Brechin 'Centered their dissent from the nommation of Mr Carlyle. 1 he
obection very probably was founded on Mr Carlyle's conduct m the affair of
Home's Douglas. See under the year 1757. „ , , u ■ „,.f„^

t^his waTthe last sermon Dr Fordyce preached in Scotland, haying accepted
a call to the congregation of Monkesw^U Street. London. It was published under
the tie of, '' The follv, infamy, and misery of unlawful pleasure } / ^^J^^^l'^'^
Prov vii 7 •• In a n6tice of it in a periodical of the day, it is said, " tins sernaon
was prl"ched before the grandrst audk-nce in Scotland, was delivered with all the
eracL of oratorv and is bought up with the greatest avidity, especially by the
l?au'mondl!^^^^hUst circumsUnce is very uncommon with regard to .ermons.

§ The sermon was printed.

I See the former volume, p. 216.

416 APPENDIX.

V. — List or Ministers who Preached before the Society
IN Scotland for Propagating Christian Knowledge.

The Sermons marked with an Asterisk were never published.

* )7o3 Rev. Robert Hamilton, Edinburgh.

1754. Jan. 4 Religion a Treasure to Men, and the Strength and

Glory of a Nation. Isaiah xxxiii. 6 By Rev. David

Plenderleath, Minister at Dalkeith.

1755. Jan. 6. — The Situation of the World at the Time of Christ's

Appearance, and its Connection with the Success of

his Religion considertKl. Col. i. 26 By Rev. William

Robertson, Gladsmuir.
17o6. Jan. 5. — The Influence of Religion on National Happiness.
Isaiah Iv. 13. — By Rev. John Erskine, Minister of the
Gospel at Culross.

* 1757. — Rev. John Jardine, Edinburgh.

1 758. Jan. 2 The Absolute Necessity of Salvation through Christ.

Acts iv. 12. — By Rev. John Witherspoon, A.M., Minis-
ter of the Gospel at Paisley.

1759. Jan. 1 A Sermow on Col. i. 23 By Rev. Daniel Mac-

queen, D.D., one of the Ministers of Edinburgh.
17G0. Feb. 4 A Sermon on Matt. xi. 5.— By Rev. Patrick Cum-
ing, D.D., Regius Professor of Divinity and Ecclesias-
tical History in the University of Edinburgh, and one
of tbe Ministers of the City.

1761. Feb. 23 A Sermon on Proverbs xiv. 34 By Rev. John

Hyndman, one of the Ministers, West Kirk.

1762. Jan. 4. — The Counsel of Gamaliel considered. Acts v. 34,

35, 36, 37, 38, 39.— By Rev. Robert Dick, D.D., Mi-
nister of the Trinity College Church of Edinburgh.

1763. Jan. 3. — Christian Benevolence. I Cor. x. 33, & xi. 1 By

Rev. Thomas Randall, Minister of the Gospel at Inch-
ture.

1764. Jan. 2. — The Causes of Opposition to the Gospel, and the

Moral Tendency of its Doctrines to Remove them con-
sidered. Phil, i. 27. — By Rev. Andrew Mitchell, A.M.,
Minister of the Gospel at Muirkirk.

1765. Feb. 25. — The Resemblance of Jesus to Moses considered,

and the extraordinary and continued punishment of the
Jews shown to be a standing evidence of the truth of
Christianity. Dent, xviii. 15, 18. — By Rev, James
Robertson, A.M., Professor of Oriental Languages in
the University of Edinburgh,

1766. June 6. — The Conversion of the Gentiles illustrated. Matt.

viii. 11 By Rev. George Muir, Minister of the Gos-
pel at Cumnock.

END OF THE APPENDIX.

INDEX OP PERSONS.

417

1. INDEX OF PERSONS.

Abell, John, 266.
Aitken, of St Vigeans, 61, 82.
Alexander, William, 66.
Anderson, George, 54, 92, 96.
Anderson, John, 308.
Anderson, Walter, 194.
Athol, Duke of, 52.

Baillie James, 10, 16, 42, 258.
Baine, James, 313.
Bannatyne, George, 287, 360.
Beatty, Charles, 208.
Blacklock, Thomas, 236.
Blair, Hugh, 59, 97, 161.
Blair, William, 71.
Bonar, John, 83.
Boston, Thom-ds, junior, 83, 154.
Boyd, William, 66.
Breadalbane, Earl of, 28.
Brown, Professor, 135, 158.
Bruce, George, 347.

Carlyle, Alexander, 112, 122,

124 ?iote, 415 note.
Carmiehael, Gershom, 193.
Carson, Robert, 293, 299.
Cathcart, Lord, 54, 171, 184,

216, 224, 226, 373.
Chalmers, John, 182, 200.
Chandler, Samuel, 25, 52.
Chiesby, John, 310.
Clark, Thomas, 361.
Cleghorn, Matthew, 299.
Copland, William, 133.
Cruden, William, 29, 171, 207.
Cuming, Patrick, 10, 25, 42, 63,

71, 101, 391.
Cupples, of Swinton, 119.

Daling, Alexander, 308.

Dalrymple, Robert, 259, 263.
Davidson, James, 147.
Dick, Robert, 161, 196, 216,

234,-5.
Dickson, David, 265, 310, 359.
Donaldson, Alexander 92.
Donaldson, of Carsphairn, 66.
Douglas, John, 101, 134, 151,

152.
Drvsdale, John, 268.
Duchall, Patrick, 171.
Dysart, of Eccles, 119.

Edmonston, James, 10, 42.
Edwards, Jonathan, 98.
Erskine, John, 235.

Ferrier, Alexander, 264.
Finnic, C. L., 180.
Fleming, Robert, 92.
Forbes, David, 209.
Fordyce, James, 415, note.
Frame, James, 171, 207.
Eraser, Alexander, 52.

Gerard, Alexander, 267, 404.
Gib, Adam, 305.
Gib, William, 243.
Gillespie, Thomas, 1, 21.
Glasgow, Earl of, 374.
Gordon, Henry, 149, 208.
Govan, Archibald, 182.
Grant, Patrick, 27, 52, 63, 75.
Grier, Robert, 65, 149.
Grierson, John, 61, note.

Haig, William, 27, 34, 49.
Hamilton, John, (Skipness) 160,

166, 167, 184.
Hamilton, John, (Glasgow) 414.

418

INDEX OF PERSONS.

Hamilton, Robert, 41, 184, 388,

399.
Hamilton, William, 386, note.
Hogg, James, 261.
Home, of Polwarth, 119.
Hopetoun, Earl of, 41, 372.
Howe, John, 112, 117.
Hume, Darid, 54, ^Q.
Hume, George, 194.
Hume, William, 168.
Hunter, David, 308.
Hunter, John, 133.
Hvndman, John, 196, 215, 244,

402.

Irvine, Edward, 382.

Jardine, John, 54
Johnston, John, 49.

Kames, Lord, 54, 88, 92, 98.
Kay, George, 171, 286, 395.
Kincaid, Alexander, 92.

Leechman, William, 9, 102, 392.
. Leven and Melville, Earl of, 9,

371.
Likly, John, 218.
Lindsay, James, 310.
Lindsay, William, 266, 289.
Lumsden, John, 267.
Lundie, Henry, 161.
Lyell, Thomas, 293, 310, 347,

369, 370.

M'Aulay, iEneas, 148, 168, 182.
Macfarlane, Duncan, 42, 198,

216.
Macferrand, James, 133.
Mackenzie, Colin, 68.
Mackenzie, Murdoch, 29.
Mackenzie, Roderick, 155, 156.
Mackintosh, Robert, 10, 44.
Maclaurin,. John, 51.
Maclellan, David, 168.
Macwilliam, James, 133, 160,

234, 235.
Marshal, John, 70,
i*»Iitchel, (Newburn) 85.
.Moncrieff, Matthew, 68, 69.

Murray, Alexander, 169.
Muschat, Thomas, 23.
Muschet, John, 207.
Mutter, Thomas, 259.

Nairn, Thomas, 163.

Nisbet, William, 348, 362, 268.

Oswald, James, 410,

Park, Robert, 300.
Pienderleath, David, 207.

Reid, George, 54, 389.
Reid, James, 74.
Richardson, James, 149.
Robertson, John, 101.
Robertson, William, 235, 263,

405.
Rose, Alexander, 71.

Sage, iEr.eas, 148, 168, 182.
Scot, (of Westruther) 1 18.
Simson, Alexander, 292.
Simson, Patrick, 196, 216.
Simson, Thomas, 66.
Smith, James, 85.
Snodgrass, John, 263.
Sopho, (^. e., Lord Kames) 54,

88, 92.
Spence, John, 308.
Steel, William, 118.
Stevenson, Archibald, 359.
Stewart, Alexander, 65.
Stewart, Charles, 161, 168,

184.
Stewart, Gershom, 160, 166,

167, 184.
Stewart, James, 1j60, note.
Sutherland, John, 79.

Thomson, David, 69, 182.
Thomson, Robert, 161, 166,

184.
Traill, George, 349.
Traill, Robert, 249, 402.
Trotter, William, 52.
Turnbull, Thomas, 152, 395.

Urquhart, (of Meldrum) 218.

INDEX OF PLACES.

419

Walker, John, 267, 295.
Warden, John, 26.
Watson, James, 26.
Webster, Alexander, 4, 9, 40,

371, 375.
Wells, Laurence, 290,304, 361.
White, (of Liberton) 115.

Whitefield, George, 102.
W^incliester, James, 82.
Wishart, George, 261, 359.
Witherspoon, John, 2 note, 103,

201, 242, 261, 263, 312.
Wright, James, 172, 207.

II. INDEX OF PLACES.

Abbotshall, 134,
Aberdeen College, 267.
Abertarff, 311.
Amsterdam, 53.
Andrew's, St, 135.
Andrew's St, (in Orkney) 239.
Anwoth, 293, 299.
Applecross, 1G8.
Ardersier, 149, 208.
Argyle, Synod of, 109-
Athelstaneford, 112, 117.
Auchtermuchty, 70, 259.
Avoch, 52.

Beath, 74.
Beith, 168.
Biggar, 27, 34, 49.
Borthwick, 152.
Bothwell, 258, 292.
Brandenburg, 180.
Breslau, 25.

Bressay and Burray, 68, 6C.
Bunkle, 265, 266.

Cairston, (Presbytery) 28.
Cambuslang, 28, 183.
Campbelltown, 79, 108, 256.
Canongate, (Edinburgh) 26.
Carmunnock, 66.

Carsphairn, 66.

Chirnside, 194.

Chirnside, (Presbytery) 265.

Contin, 29.

Cortaeby, 135.

Craigie, 287.

Crailing, 311.

Cromarty, 28, 53, 66.

Cumbray, 266, 289.

Gastrin, 180.

Dallas, 259, 263.

Delaware, 268.

Dornoch, (Presbytery) 111, 169.

Drysdale, 299.

Dunbar, 347.

Dunblane, 101.

Dundee, 191, 208, 261, 264.

Dunse, (Presbytery) 265.

Durisdeer, 65, 149.

Duthil, 27, 52.

Eaglesham, 361.
Eccles, 119.
Ely, lvS2, 200.
Enzie, 257.
Eyemouth, 29.

Foderty, 68.

420

INDEX OF PLACES.

Fogo, 168.

Forbes and Kearn, 133, 169,

234, 235.
Fort Augustus, 54.
Fort George, 149, 208.

Glasgow, 102, 185, 286, 360.
Glasgow and Ayr, (Synod of)

1,50.
Glendovan, 308.
Glendow, 149.
Greenock, 312, 414, 415.
Greyfriars, Old, (Edinburgh)

235.

Holland, 53, 182.
Hutton, 169.

Inverarity, 66.
Inveresk, 112, 122.
Inverness, 52.

Jedburgh, 82, 101, 134, 151,
152, 154.

Kearn.— (S^e Forbes.
Kelso, 85, 262, 265.
Kilconquhar, 182, 200.
Kilmarnock, 266, 289.
Kilmeny, 243.

Kilmory, in Arran, 166, 184.
Kingarth, 160, note.
Kingussie, 169.
Kinnettles, 66.
Kirkcaldy, 291.
Kirkcudbright, 236.
Kirkliston, 268, 310.
Kirkpatrick Juxta, 29.
Kirkwall, fPresbytery) 28.

Laggan, 169,

Laurencekirk, 209.

Leith, (South) 65.

Leswalt, 259.

Liberton, (Mid-Lothian) 115.

Loehcarron, 168.

Lochmaben, 310.

Logie, (Stirlingshire) 171, 207.

Logie and Pert, 29, 171.

Lothian and Tweeddale, (Synod
of) 1, 4, 181.

Meldrum, (Old) 218.
Minto, 347.
Monkland, (Old) 300.
Monkton, 241.
Montreal, 359.

Newburn, 85.
New Jersey College, 51.
Nevvlands,'265, 310.
New York, 51, 359, 360.
Nigg, 27, 52, 63, 75, 156.
Norrieston, 360.

Oxnam, 154, 167, 264.

Paisley, 67, 167, 242, 261, 312,

313.
Pennsylvania, 182, 208, 288.
Polwarth, 119, 168.
Preston. — See BunUe.

Quivox, St, 54, 389.

Rattrav, 85.

Ross, ('Synod of) 180, 242.

Rothiemay, 266.

Ruthven,'359.

Sandav, 293, 310, 347, 369,

370!
Selkirk, 53.

Shotts, 258, 290, 304, 361.
Southend, 79, 108, 256.
Stair, 118.
Stirling, 207.
Stonykirk, 133.
Strathbogie, (Presbytery) 257.
Strontian, 53.
Sutherland and Caithness,

(Synod of) 111.
Swinton, 119,

Vigians, (St) 61, 82.

Walls and Flotta, 362.
Westruther, 119.

GENERAL INDEX.

421

Iir.— GENERAL INDEX OF MATTERS.

Accession of Geo. III., 209.
Acts of Assembly, ^62.
Address to the Princess of

Wales, 215.
Addresses to the King, 71, 99,

184, 189, 211,213, 231, 263.
Agent, Election of, 9, 42, 243.
Annexation of Parishes, 66.
Annexed Estates, 267.
Answer to the King's Letter,

229.
Appeal Cases, Overture Anent,

32, 49, 62, 260, 264, 308,

356.
Assistants and Successors, 183.
Authority of the Church, I, 7,

30.

Blindness, Case of, in a Minis-
ter, 235, 24L

Bounty, Royal. — See Royal
Bounty.

Burghs, (Royal) Members from,
178.

Calendar, (change in thej 193.
Chaplain in Edinburgh Castle,

288.
Chaplains in the Army, 256.
Child Murder, 258.
Clerk's Fees, 28.
Collections, 25, 29, 34, 51, 69,

80, 85, 168, 184, 208, 243,

254, 262, 281, 288, 290.
Collections, Regulation Anent,

235.
College Church, (Edinburgh)

161.
Commission of Assembly, (its

powers) 31, 32, 49, 50, 309.
Commissions of Members, 28,

49, 102, 108, 166, 167, 175,

191, 354.

Deposition of Ministers, 31, 49.
Deputation to London, 211.
Dilapidation. — See Stipends.
Dissents, Effect of, 28, 32, 49,

62.
Divinity — Professors, 141, 159.
Divinity— Students, 290.
Dunse Presbytery, (Letter

from) 119.

Edinburgh Castle, (Chaplain

of) 288.
Edinburgh Churches, 161.
Edinburgh, (Town-Council of)

268, 286-7.
Edinburgh Presbytery, Admoni-
tion regarding the Stage, 1 12 ;

Letter from, 116; Letter to,

119.
Elders' Commissions, 102, 354.
Elders', (Qualifications) 53. —

See Qualifications.
Election of Members, 175. — Se^

Qualifications.
Erections (New) 291.

Fast Day, (Act for a) 71, 150,

170.
Fellowship Meetings, 111, 169.
Forms of Commissions, 354. —

See Commissions.
Form of Process, 260, 264,

308, 310, 358.
Formula, 28, 52.
Funds of the Church, 191, 234,

235, 264.

Gaelic Language, 53, 54.
Glebes, Overture anent inclos-
ing, 309.

Heritors, (Agreements with)

74, 148, 166, 174, 191.
High Church of Edinburgh, 161.

422

GENERAL INDEX.

Highlands, Visitation of, by
Hyndman and Dick, 194,
196, 216, 249, 252, 258.

Visitation of, by Wal-
ker, 267, 295-6.

New Erections in, 197,

217.

Highland Students, 80, 169,
208,209,254,281.

Infidel Writers, (complaint
against; 54, 86, 92.

Jus Devolutum, 172, 241.

King's Letter, 224.
Kirk-Sessions, (Right of) 28,
183.

Lady Tester's Church, 268.
Lord's Supper, 79, 109.

Marriages, (Irregular) 60.
Members of Assembly. — See

Election and Qualifications.
Militia, (Scots) 190, 191.
Missionary Ministers, 23, 311.
Moderatorship, (Leets for the)

374.

Oath of Security, 210.
Ordination, (Foreign) 30, 62.
Overtures, 1, 25, 26, 28, 29, 30,

49, 50, 62, 166, 168, 233,

260, 264, 308, 358.

Patronage, 8 note^ 30, 50 note,
53, 353.

Pennsylvanian Churches, (Col-
lections for) 25, 34, 51, 69.

PluraUty of Benefices, 266, 289.

Poor, Management of, 28, 83.

Popery, 257.

Posts, (Sunday) 179, 185.

Preachers before the Commis-
sioner, 414.

Probationers, 28, 30, 49, 62,
209, 353.

Procedure, Method of, 25, 183.

Process against Ministers, 31,

49, 50 note, 63.
Proclamation of Banns, 208.
Procurator for the Church, 66,

168.
Profaneness and Immorality, 33.
Psalmody, 28, 62.
Public money. — See Funds of the

Church.

Qualifications of Members, 108,
167, 1 75, 1 91 . — See Commissions.
Quebec, (Address on the taking
of) 184.

Records of the Assembly, 29.
Relief Presbytery, 292, 313.
Repairing of Churches, 290,

291.
Royal Bounty, 169, 173, 182,

194, 197, 208, 291, 311.

Saarbruck, (Collections for the

Church of) 168, 184, 243,

262.
Sabbath Posts, 179, 185.
Sabbath Profanation, 32, 33, 179,

188.
Sacraments in Argyleshire, 256.
Schism, (Overture on) 305, 311,

326.
Schoolmasters, 85.

(Widows' Fund),

233, 250, 251.
Schools. — See Highlands, 164.
Sentences of the Assembly,

(Effect of,; 1, 29, 30, 49, 50,

183.
Session- Clerkship, (of Paisley)

242.
Settlements, Disputed, 183.
Simony, 23, 131, 174, 218.
Simoniacal Pactions, 61, 82, 131,

166.
Society for Propagating Chris-
tian Knowledge, 164, 196,

262, 290, 416.
Stage, Admonition against, 112.
Letters respecting, 116,

119, 130 note, 131.

GENERAL INDEX.

423

Stage, Overtures anent, 129.
Stipends, (Dilapidation of) 224,

253, 266.
Students, Qualifications of, 183,

209.
Style, (New) 193.

Theatre, Case of Ministers at-
tending it, 112, 116.
Translation, (Case oQ 241.
Tron Chui'ch, Edinburgh, 54.

Universities, (Power of the
Church in regard to) 141.

Vacancies, 74, 148, 166, 174.
Vacant Stipends, 85,
Viaticums, 53.
Visitation and Reparation of

Churches, 262, 265, 266, 290,

291.

Widows' Fund, 28, 132, 148,
200, 243, 261. 309, 379,

Window Tax, 150, 167, 180,
194, 251, 267, 291, 353.

Wynd Church, Glasgow, 287,
360.

Yester's, (Lady) Edinburgh, 54.

Printed by John Johnstone, High Street, Edinburgh.

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Annals of the General assembly of the

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